The name of this Corporation shall be SUNSET LAKE ASSOCIATION and its principal office shall be located at the Hanauer Hall Community Center, 30505 East Lake Drive, Girard, IL 62640.
The purpose of the Sunset Lake Association is to create and preserve a recreational and residential facility for the benefit of the Association members.
The Seal of the Sunset Lake Association shall be circular in form and around the rim and middle there shall be inscribed the words: "Sunset Lake Association, Girard, Illinois."
Membership shall be open only to those who have executed a valid lease with the Sunset Lake Association.
The Board of Directors shall acknowledge any membership transfer at the Board meeting immediately following the lease transfer.
The Board of Directors may establish a new membership to accompany a newly executed lease if none is available for transfer.
Members may be assessed by the Board of Directors in an amount deemed necessary for the operation of Sunset Lake Association for maintenance of corporate property, roads, shoreline, lake and any other expenses for the good of the Association. These assessments shall be budgeted by the Board of Directors, submitted to and approved by a two-thirds (2/3) vote of the members present at a special or annual meeting in person or by official absentee ballots after due notice is given as provided in the Bylaws.
Only members in good standing who have paid all outstanding assessments, fees, or fines shall be entitled to:
1. vote at Annual and Special meetings of the membership and shall be entitled to one vote per each Membership;
2. hold office in the Sunset Lake Association, if elected or appointed in accordance with Article V; and
3. partake, with their guests, in all privileges of the lake as may be determined by the Board.
The annual meeting of the members of the Association shall be held at a convenient location on the third Saturday of the month of October each year at 10:00 AM for the purpose of electing directors, approving a budget, and transacting other business as may come before the meeting. If a budget is not approved by January 1, the Board of Directors is authorized to process and pay payroll and other routine monthly expenses as necessary.
Special meetings of the members of the Association may be called by the President, by the Board of Directors, or by not less than one-fifth (1/5) of the membership of the Association.
Written notice of any membership meeting stating the place, date and hour of the meeting, and in case of a special meeting, the purpose(s) for which the meeting is called, shall be mailed not less than seven (7) days nor more than twenty (20) days before the date of the meeting to each member. The Secretary shall include with the letter for the annual meeting a copy of the agenda, financial statement of the Association, and a copy of the Board of Directors' proposed budget for the ensuing year. Written notice may be provided electronically by e-mail or text unless the member elects, in writing, to receive a printed copy by way of postal service. The electronic mailed date shall be the date sent and meet the deadlines listed above.
At any membership meeting a quorum for the transaction of business shall be deemed to be present when fifteen percent (15%) of the members entitled to vote are either present or have cast their official absentee ballot.
Members wishing to vote absentee must send their Official Ballot to the office to be registered by the Secretary of the Board. Absentee Ballots must be received via the US Mail service or dropped off at the Sunset Lake Office at least 48 hours prior to the annual or special called meeting.
Written minutes of all membership meetings must be reviewed and approved by the Board at the Board Meeting following the Membership meeting. Within 30 days of being approved, the meeting minutes and any supporting documents will be posted on the Association’s website for membership viewing.
The business and affairs of the corporation shall be conducted and managed by its Board of Directors.
The Board of Directors shall have the power to establish rules as deemed necessary or advisable, and may amend or repeal any rule(s). No new rule(s) or amended rule(s) shall be enforced without giving written notice to all members of the Association. Written notice may be provided electronically by e-mail or text unless the member elects, in writing, to receive a printed copy by way of postal service.
The Board of Directors shall have the duty to direct the terms and conditions of the use of the lake and any property of the Association and to provide for the dividing of the real estate into residential sites, and the terms and conditions thereof.
The Board of Directors is authorized to make such amendments to any existing Lake Shore Lease and to the form of any future Lake Shore Lease, as will enable the custodian of any such lease to mortgage or pledge the leasehold estate with any bank or any commercial lender, and generally to result in the leasehold estate being the subject matter of transfer. The Directors will affix the terms of any amendments to existing Leases or new Leases.
The number of directors of the Association shall be no less than five (5) and no more than nine (9) in numbers and each director shall be elected for a term of three (3) years.
Any vacancy occurring on the Board of Directors caused by death, resignation or otherwise shall be so appointed by the Association president and shall serve only until the next annual meeting of members, at which time a director shall be elected by the membership to complete the unexpired term, if any, of the director originally elected to that office.
Any director who shall miss three (3) consecutive board meetings or fifty percent (50%) or more within any fiscal year, without reasonable cause, shall be deemed to have resigned his position and a new member shall be appointed by the Board President to fill the vacancy until the next annual membership meeting. The Board of Directors may determine what shall constitute reasonable cause for failure to attend such meetings.
Removal action may be initiated against any director:
· Charged with malfeasance, misfeasance, or nonfeasance;
· Found to be in conflict of interest with the Association’s established Bylaws or Rules and Regulations;
· Found to be conducting themselves in a gross unprofessional manner resulting in physical or verbal abuse of a member; or
· Found to be in flagrant violation of existing Rules and Regulations.
Removal Action of a Board Director can be initiated in either of two ways:
1. By a majority vote of the Board of Directors which must state the reason and evidence for removal.
2. By any member providing a petition with signatures from at least thirty-three percent (33%) of the membership, listing the reason and evidence for removal. Such petition shall be taken up by the Board of Directors following notice at its next regular meeting.
A Board Director may be removed by a two-thirds (2/3) vote of the membership, including absentee ballots, present at an Annual Meeting or a Special Meeting of the Association, notified according to Article III, Section 3.
A. Regular Board Meetings
The Board of Directors shall meet the first secondTuesday of each month unless this day falls on a legal holiday or Election Day then the meeting will be held the following Tuesday, at the Community Center for the purpose of transacting any old or new business of the Association.
Meetings of the Board shall be open to any member of the Association.
Additional regular Board meetings may be called by the President of the Association, or by the request of three or more Board members for purposes of conducting Association business that is time sensitive.
Written notice of a change of date or time for the regular Board meeting shall be delivered at least 48 hours prior to the meeting. Written notice may be provided electronically by e-mail or text unless the member elects, in writing, to receive a printed copy by way of postal service. Written minutes of all regular Board meetings must become available on-line to the members of the Association once approved.
B. Special Board Meetings
Special Board meetings may be called by the President of the Association, or by the request of three or more Board members.
1. Special meetings may be called, separate from a noticed meeting, to discuss closed session items including:
· To discuss litigation when an action against or on behalf of the Association has been filed and is pending in a court or administrative tribunal, or when the board of directors finds that such an action is probable or imminent,
· To consider information regarding appointment, employment or dismissal of an employee, or
· Items of sensitive nature.
2. Noticed meeting of the Board may be called to discuss large-scale or complex business in open session and shall be open to all Members.
No vote shall be taken on any matter in Special Board meetings. Vote on such matters shall be taken at future regular Board meetings.
A majority of the Board of Directors shall constitute a quorum for the transaction of business of the Association.
The Board of Directors may, by resolution, determine and designate the number of regular and special committees to be appointed by the President, with the approval of the Board of Directors, and the duties and length of tenure may be in like manner designated.
Officers of the Association shall consist of a President, a Vice President, a Secretary and a Treasurer, and must be members of the Board of Directors. These four officers shall be referred to as the Executive Board of the Association.
Officers shall be elected by the Board of Directors at their first regular monthly meeting following the annual membership meeting; or, in the case of a vacancy, the next board meeting following the vacancy. All officers must be in good standing with the Association's Governing Documents at the time of election and must remain in good standing throughout their term of office.
The officers of the Association shall have the powers to discharge the duties of their respective offices with diligence and dispatch, and shall perform the duties usually pertaining to their respective offices and such other duties as the Board of Directors may determine.
The Bylaws of this Association may be amended at an Annual or a Special meeting of the members provided that in the notice calling such a meeting, the proposed amendment(s) shall be set forth in writing.
Bylaw amendments shall be adopted at such Annual or Special membership meeting upon receiving at least two-thirds (2/3) of the official ballots entitled to be cast by the members present or represented by absentee ballots at such meeting.
No lot or real estate leased from the Association may be divided into smaller tracts for the purpose of sale by the lessee-custodian unless there is prior approval by a two-thirds (2/3) vote of the Board of Directors.
No person, and/or husband-wife combination, or other entity shall hold a lease to more than four (4) lots at any given time.
Property owned by Sunset Lake Association which is not bordering the lake cannot be transferred without prior approval of a majority of membership voting in favor of said transfer at an Annual or Special Called Meeting.
No additional real estate may be incorporated into Sunset Lake Association for the purpose of generating new leases without being voted on and accepted by two-thirds (2/3) of the votes cast by the members present or represented by absentee ballots at the Annual or a Special meeting.
No member may consolidate two (2) or more lots for the purpose of reducing the assessments.
Should any member, or resident of such members' household unsuccessfully sue Sunset Lake Association, its members, officers, directors, agents or servants, whether for:
· action taken,
· claimed inaction,
· counter claim, and/or
· legal right violated under
o the Bylaws or Rules & Regulations regularly adopted and in force, or
o resolutions adopted, or
o regular or special assessments voted at any regular or special meeting of the Board of Directors or Membership meetings, or
· any action or inaction of sponsored activity,
said member or resident shall be assessed the attorney's actual charges for investigating and defending such claims or suit, as costs by the Court, upon proof that such charges are based upon such attorney's charges for similar work for other clients, and are found to be reasonable by the court.
Should the Sunset Lake Association undertake legal action against a member or resident of such member’s household to enforce any of the Bylaws or Rules and Regulations, the member shall pay all costs incurred by the Sunset Lake Association, including attorney’s fees.
SECTION 1: Definitions
SECTION 2: Use of Sunset Lake Association Property
SECTION 3: Rules Enforcement and Penalties
1. give an oral warning, send a written warning, and/or fine a person for violating any of these rules and regulations; and
2. stop any dangerous or potentially dangerous practice on any Sunset Lake Association property, whether covered or not by these rules and regulations.
1. Oral or Written Warning – no financial penalty
2. 1st Offense - $25.00 fine
3. 2nd Repeat Offense - $50.00 fine
4. 3rd Repeat Offense - $100.00 fine, and with Board approval, suspension of all membership privileges for 12 months from the date of the third offense
5. Suspension Violation - $200 per offense
SECTION 4: Access to Sunset Lake
SECTION 5: Boating
1. Fees. Fees for SLA Boat Permits for each calendar year are as follows:
$10.00 for each non-motorized boat
$20.00 for each motorized boat (includes trolling motor)
For the fractional part of any calendar year, the permit fee shall be the same as a full calendar year.
2. Placement. A current year SLA Permit, together with the boat owner’s lot number, must be clearly visible at all times. Lot numbers must be black numbers or letters on a white background and must be at last 3 inches tall. Paddle boats must display the permit and lot number on the back of the left seat. All other boats, both motorized and non-motorized, must display the permit and lot number in the middle of each side of the boat.
1. Beginning on January 1, 2016, any person born on or after January 1, 1998, may operate a motorboat with over 10 horse power only if that person has a valid Boating Safety Certificate issued by the Department of Natural Resources.
a. Persons under 10 years of age may NOT operate a motorized boat.
b. Persons at least 10 years old but less than 12 years old may operate a motorized boat only if they are accompanied by and under the direct control of a parent, guardian, or a person at least 18 years old designated by the parent or guardian.*
c. Persons at least 12 years old by less than 18 years old may operate a motorized boat only if they complete a boating safety course and possess a Boating Safety Certificate accepted by the Department of Natural Resources or they are accompanied by and under the direct control of a parent, guardian, or a person at least 18 years old designated by the parent or guardian.*
d. * Parents, guardians, or designees born on or after January 1, 1998, must have a valid boating safety certificate to supervise a person 10 to 17 years old who is operating a motorized vessel with more than 10 horse power.
2. Illinois law prohibits anyone from operating a vessel while under the influence of alcohol or drugs.
3. No person shall operate any boat with a motor exceeding the maximum horsepower or load capacity recommended by the manufacturer.
4. All boats shall carry a U.S. Coast Guard approved life preserver in good and serviceable condition for each person. All non-swimmers and children under thirteen (13) years of age must wear a life jacket at all times when in any boat.
5. All persons must be seated while the boat is in operation.
6. All motor boats must stay a minimum of 40 feet from shore when in operation above 6 miles per hour, except for docking or exiting a dock.
7. No person shall operate any boat in a careless manner that causes danger to any person or property of others, or at a speed greater than will allow the operator to bring the boat to a sop within an assured clear distance ahead. No person shall operate any boat or manipulate any water skis or other towed devices in such a manner as to endanger life or limb, or damage property of any person.
8. No paddle boat, rowboat, canoe, nor any other non-motorized boat may be operated more than 30 feet from the shoreline on the main body of the lake during fast hours.
9. No Motor boat shall be operated after sunset or before sunrise unless it plainly displays a bright white light in the rear of the boat, visible from all quarters, and twin lights in the front of the boat showing a green light to starboard (right) and a red light to the port (left) side of the boat.
10. From sunset to sunrise, rowboats, canoes, and paddle boats shall display a white light mounted on a standard pole not less than 12" in height and be bright enough to easily be seen by an approaching boat for a distance of 800 feet from all directions.
11. No motor boat shall be used or kept on the lake unless it is equipped with at least one U.S. Coast Guard approved fire extinguisher in such condition as to be ready for use. All such boats shall be equipped with an adequate mouth or power operated whistle or horn. Use of sirens is prohibited.
12. All boats, except paddle boats, shall be equipped with at least one paddle or oar, and one pump or bailer.
13. No boat shall be used or operated, nor any horn or sound device sounded, so as to create a nuisance or disturb the peace and quiet of the lake.
14. Any abandoned or adrift, unlicensed boat may be impounded, sold, or destroyed by the Association.
1. Boats powered by a gasoline motor shall move in a counter clockwise direction at all times. Paddle boats, canoes, kayaks and fishing boats powered by a trolling motor shall move in either a clockwise or counter clockwise direction.
2. When two boats are meeting head-on so as to involve risk of a collision; each shall alter her course to starboard (right) so each will pass on the port (left) side of the other.
3. When two boats are crossing so as to involve risk of collision, the boat which has the other on her own starboard (right) side shall yield the right of way.
4. When a motor boat meets, crosses the course of, or overtakes a boat propelled by oars, sail or muscular power, the motor boat shall yield the right of way.
5. Every motor boat which is directed by these rules to yield the right of way to another boat shall on approaching her, if necessary, slacken, stop or reverse.
6. Any boat overtaking any other shall keep out of the way of the overtaken boat.
7. Nothing in these rules shall exonerate the owner or operator of any boat or watercraft from the consequences of any neglect to keep a proper lookout and to exercise due care and caution.
SECTION 6: Swimming, Rafting.
SECTION 7: Water Skiing and Towing of Riders.
SECTION 7: Water Skiing and Towing of Riders.
SECTION 8: Fishing
1. Bass - Must be 15" or longer to be kept with a limit of two (2) per person per day. Any Bass less than 15” in length must be carefully released back into the lake.
2. Bluegill – No limit on size or number to be kept.
3. Catfish – No limit on size or number to be kept.
4. Crappie – No limit on size or number to be kept
5. Red Ear – No limit on size or number to be kept.
6. Walleye - Must be 15" or longer to be kept with a limit of three (3) per person per day. Any Walleye less than 15” in length must be carefully released back into the lake.
SECTION 9: Ice Fishing and Ice Skating
SECTION 10: Snowmobiling
SECTION 11: Picnicking and Camping
SECTION 12: Maintaining a Leasehold
SECTION 12: Maintaining a Leasehold
a. Deficiency Notices. The Board has the authority to require each lessee to maintain the leasehold in a sanitary condition; decent, neat, free of weeds, leaves, unmowed grass, and debris, and attractive in appearance and in good repair. The lessee is responsible for maintaining their shoreline with adequate rip rap, and maintaining all buildings, boat docks, boat houses, and playground equipment, etc., for the safety and welfare of the lessee, guests and neighbors. On failure to do this, the Board will send a written request to correct any deficiency.
1. If the lessee fails to do so to the satisfaction of the Board within the specified timeframe, the Board shall have the authority to order the necessary work done at the expense of the lessee, plus the appropriate fine(s) as described throughout pertinent Sections of these Rules.
2. If the Board pays anyone to complete the required work, the lessee shall reimburse the Board within thirty (30) days of the mailing of the invoice.
3. Should lessee fail to pay the Association on time the claim shall be a valid lien against the property of the lessee. Furthermore, the lessee shall pay interest on any balance due at the rate of 2% per month on the outstanding balance and all reasonable expenses of collection, including attorney's fees.
1. On failure to do this, the Board will send a written warning to the lessee asking that they bring the rip rap into compliance with these Rules within 90 days.
2. Failure to do so shall result in a $100 fine, unless the lessee has requested and the Board has approved an extension of time.
SECTION 13: Trees
SECTION 14: Dogs and Cats
SECTION 15: Pollution
SECTION 16: Sanitation Systems
SECTION 16: Sanitation Systems
1. If you plan on a surface discharge a notice of intent will have to be filed with the US EPA.
2. A soil test will have to be performed on all new and/or upgraded systems.
3. Alternative systems, such as low-pressure piping systems, Illinois raised filter beds, drip irrigation, shall meet the current private sewage code and be approved by Macoupin County Public Health prior to installation.
1. A Sand Filter System consists of a septic tank followed by a filter bed with a chlorine tank added before out-letting to the lake. The tank and filter bed size is determined by the number of bedrooms, occupants, bathrooms, etc. The filter bed is both a natural physical and biological filter that removes fine suspended solids before being disinfected in the chlorine chamber. This system requires a minimum of maintenance. Chlorine tablets must be maintained at all times. A notice of intent will have to be filed with the US EPA.
2. An Aeration (Aerobic) System consists of a three-chambered unit. The first chamber holds the septic waste as does a septic tank. The second chamber mechanically introduces air using an electric motor, which breaks down the solids before being disinfected in the third chamber, or the Chlorine chamber. This is not an approved system for seasonal or part-time use. All aeration units must have a yearly Service Contract by July 1st and must be filed at Sunset Lake office.
3. A Lateral System consists of a septic tank with lateral lines running out from it, which disperses the effluent into lateral lines and then into the surrounding soil. There is no Chlorination Tank with this system. An existing lateral system can remain until it is in need of repair or replacement, and must be upgraded before or at transfer of a lease.
1. Introducing any waste product which will not biologically break down, such as; grease, harsh chemicals, diapers, sanitary products and other foreign objects into a septic system can create clogging problems in the pipes, tanks and filter bed requiring replacement or repair. Pumping the septic tank by a licensed State of Illinois Contractor, is necessary for continued function, when a septic tank accumulates scum and sludge that is equal to 1/3 its depth (2-3 years). This extends the life of the system and avoids costly repairs or replacement.
2. Chlorine Chambers disinfect the effluent (outflow) from sand filter and aerobic systems before being returned to the lake. All current and future Sand Filter and Aerobic septic systems must contain a chlorine inspection tube, to which chlorine tablets are deposited and maintained with sufficient chlorine tablets in the tubes at all times, lowered far enough to come in contact with the waste water effluent. Chlorine bottles must have at least two 3/8" holes in the bottom which are kept open to permit chlorination and disinfection of the waste water. The binder in chlorine tablets will plug the holes in time and must be cleaned out periodically. Regular inspections will be made at intervals determined by the Chairman of the Sanitation Committee. Lack of chlorine tablets will be subject to fines.
3. Aeration Systems require special care. These sewage disposal treatment systems are operated and depend upon the use of sealed motors, aeration tubes, filter screens and timers. They must meet Class 1 effluent guidelines of the Illinois Dept. of Public Health and will be subject to testing of effluent to maintain Class 1 standards. Mechanical and electrical operation must coincide with the manufacturer's guidelines. They shall not be used to serve residential property that is used for seasonal, weekend or part-time use. (ILCS Section 905.100 Illinois Administrative Code). If an aerobic system has been installed for seasonal, weekend or part-time use, and will be turned off for more than 6 weeks, it must be capped before leaving, or water must be running continuously into the system to avoid discharge of untreated waste into the lake on start up. Violations of the above will be subject to corresponding fines and/or capping of effluent discharge lines. All aeration systems must be on a yearly Service Contract by July 1st, and must be filed at Sunset Lake Office.
SECTION 17: Disposal of Garbage
SECTION 18: Burning/Dumping
1. On the members leasehold OR
2. At a site maintained by the Association for this purpose.
1. Members are responsible for promptly burning their own waste material and tending their own fires as needed.
2. Dumping of prohibited materials, or non-burnable materials (including green grass) is not permitted at the burn sites. Violators will be subject to fines specified in Section 3.
3. No burn barrels allowed at the end of driveways adjacent to roadway.
SECTION 19: Storage of Boats, Boat Trailers, Campers, RVs, and Motor Homes
SECTION 20: Traffic Regulations.
SECTION 20: Traffic Regulations.
SECTION 21: All Terrain Vehicles (ATV's UTV’s & Golf Carts)
SECTION 22: Wildlife Protection
SECTION 23: Use of Firearms
SECTION 24: Businesses
SECTION 25: Signage & Advertising
SECTION 26: Construction on Unleased Properties
SECTION 27: Building and Construction Regulations
1. On new housing, a "Certificate of Completion” must be obtained prior to moving into the structure. (Modified June 2019)
2. The Building Committee must approve any extension of time.
1. Floating mat foundations with a minimum edge thickness of 20 X 12 is acceptable for garages/homes.
SECTION 28: Building and Construction Permits
1. To establish any new use of property.
2. To change the use of any building, structure or land from one use to another.
3. To erect, construct, alter, enlarge, extend, enclose or move any building or structure which would include, but not be limited to homes, garages, boat docks, boat houses, decks, porches, patios, carports or canopies, swimming pools, fences, or sheds.
4. To install or repair a septic system.
5. To demolish or remove any buildings or structures.
6. To replace an existing deck, dock or shed of same size.
7. To allow for handicap accessibility.
1. Empty Lot Development - $175 for 24 Months
NOTE: This includes permits for New Home (exterior to be completed in one year from date of permit.), Detached Garage, and Boat Dock. This will save $25 for the bundle.
2. New Home - $100.00
3. Garage/Boat House/Covered Boat Dock - $70.00
4. Home Addition - $70.00
5. Deck or Swimming Pool - $40.00
6. Boat Dock or Car Port - $30.00
7. Shed - $25.00
8. Enclosure of Existing Structure - $25.00
NOTE: This includes any structural changes to home or garage such as screened-in porch, patio, sunroom, extension on garage, roof over deck/dock. Not to be confused with Home Addition.
9. Dog Run - $20.00
10. Extension of Boat Dock or Deck - $20.00
11. Septic System - $10.00
12. Demolition - $0.00 (no cost)
13. Replacement of existing deck, dock or shed of same size - $0.00 (no cost)
14. Handicap Accessibility Improvements - $0.00 (no cost)
1. Submit Application. The Permit Application requires information about the construction project. You will be asked to document who will perform the work, what work will be done, where the work will be done, when the work will be done, and how the work will be done. Sketches, drawings, plans or other documentation of the proposed work will have to be submitted for review. Leaseholder must submit the following:
a. Two (2) sets of building plans, specifications, and drawings showing location and dimensions of existing and proposed structures on site, including structures that are to be removed. Each building must be labeled as to its use, outline the distance from lot lines, roadways, and easements, etc., and indicate direction with a North arrow.
b. Specifications on the type of silt fence or barrier that will stop any silt from eroding into the lake. The approved plan must be in place during construction and held there until the affected area has reached a point of stabilization. If the Erosion Control plan is not filed with a Building Permit for approval or is not followed through as the approved filed plan indicates a fine of up to $200.00 per day may be assessed starting from the date of the infraction and continuing until the infraction is corrected. The Lessee is responsible for the plan and its implementation. When available the Superintendent can supply silt fence for a nominal fee.
c. Any lot being developed for the first time must have a letter from Nilwood Water stating that water service will be available by Nilwood Water, to the residence, prior to the Building Permit being issued. (Added June 2019)
2. Wait during the review process. The majority of permit applications are processed with little delay. The Building & Construction Committee will determine if the proposed project is in compliance with the Building Regulations. If plans are submitted for new construction of a home or garage, then the building plans must be approved, signed and dated by a majority of the board.
3. Receive Results of the Review Process. If it is determined that the proposed project is in compliance with the Building Regulations, the application will be approved and the permit issued. If it is determined that the proposed project is not in compliance with the Building Regulations, the application, as submitted, will be denied. In the case of such denial, the member may correct the application to bring it into compliance, or appeal the decision.
4. Receive a Permit. The lessee must obtain a properly executed permit before starting any construction. The Building Permit is the document granting legal permission to start construction. You must proceed as approved in the review process.
a. The fee will be collected at that time the permit is granted.
b. Building plans, drawings, specifications and the Erosion Control plan shall be filed in the office of the Association. When approval is granted by the Building & Construction Committee, the second set of plans, drawings, specifications and the Erosion Control plan will be returned to the leaseholder, together with the Building Permit and must be available at the construction site for inspection at all times until construction is completed. If any construction is commenced prior to obtaining a permit, the lessee shall be subject to a penalty.
5. Arrange Inspection Visits. Each major phase of construction must be inspected by a member of the Building and Construction Committee to make certain the work conforms to the Building Regulations. The person responsible for the construction project must request each inspection, normally 24 to 48 hours in advance, by calling one of the Building Committee members. If an inspector finds that some work does not conform to approved plans, the Committee member will advise and provide written notice that the situation is to be remedied. If the violation is serious, a stop-work order may be posted until the problem is resolved. A re-inspection of the work will be necessary. Items to be Inspected include:
a. Footings – after forming, but prior to pouring.
b. Foundation Walls – after forming, but prior to pouring or before any block work.
c. Septic Systems.
d. Completion to approved final construction on exterior of structure.
6. Certificate of Completion. A certificate of completion must be obtained prior to moving in any personal items (appliances are permitted), or a $200.00 fine per day will apply.
SECTION 28: Building and Construction Permits
1. To establish any new use of property.
2. To change the use of any building, structure or land from one use to another.
3. To erect, construct, alter, enlarge, extend, enclose or move any building or structure which would include, but not be limited to homes, garages, boat docks, boat houses, decks, porches, patios, carports or canopies, swimming pools, fences, or sheds.
4. To install or repair a septic system.
5. To demolish or remove any buildings or structures.
6. To replace an existing deck, dock or shed of same size.
7. To allow for handicap accessibility.
1. Empty Lot Development - $175 for 24 Months
NOTE: This includes permits for New Home (exterior to be completed in one year from date of permit.), Detached Garage, and Boat Dock. This will save $25 for the bundle.
2. New Home - $100.00
3. Garage/Boat House/Covered Boat Dock - $70.00
4. Home Addition - $70.00
5. Deck or Swimming Pool - $40.00
6. Boat Dock or Car Port - $30.00
7. Shed - $25.00
8. Enclosure of Existing Structure - $25.00
NOTE: This includes any structural changes to home or garage such as screened-in porch, patio, sunroom, extension on garage, roof over deck/dock. Not to be confused with Home Addition.
9. Dog Run - $20.00
10. Extension of Boat Dock or Deck - $20.00
11. Septic System - $10.00
12. Demolition - $0.00 (no cost)
13. Replacement of existing deck, dock or shed of same size - $0.00 (no cost)
14. Handicap Accessibility Improvements - $0.00 (no cost)
1. Submit Application. The Permit Application requires information about the construction project. You will be asked to document who will perform the work, what work will be done, where the work will be done, when the work will be done, and how the work will be done. Sketches, drawings, plans or other documentation of the proposed work will have to be submitted for review. Leaseholder must submit the following:
a. Two (2) sets of building plans, specifications, and drawings showing location and dimensions of existing and proposed structures on site, including structures that are to be removed. Each building must be labeled as to its use, outline the distance from lot lines, roadways, and easements, etc., and indicate direction with a North arrow.
b. Specifications on the type of silt fence or barrier that will stop any silt from eroding into the lake. The approved plan must be in place during construction and held there until the affected area has reached a point of stabilization. If the Erosion Control plan is not filed with a Building Permit for approval or is not followed through as the approved filed plan indicates a fine of up to $200.00 per day may be assessed starting from the date of the infraction and continuing until the infraction is corrected. The Lessee is responsible for the plan and its implementation. When available the Superintendent can supply silt fence for a nominal fee.
c. Any lot being developed for the first time must have a letter from Nilwood Water stating that water service will be available by Nilwood Water, to the residence, prior to the Building Permit being issued. (Added June 2019)
2. Wait during the review process. The majority of permit applications are processed with little delay. The Building & Construction Committee will determine if the proposed project is in compliance with the Building Regulations. If plans are submitted for new construction of a home or garage, then the building plans must be approved, signed and dated by a majority of the board.
3. Receive Results of the Review Process. If it is determined that the proposed project is in compliance with the Building Regulations, the application will be approved and the permit issued. If it is determined that the proposed project is not in compliance with the Building Regulations, the application, as submitted, will be denied. In the case of such denial, the member may correct the application to bring it into compliance, or appeal the decision.
4. Receive a Permit. The lessee must obtain a properly executed permit before starting any construction. The Building Permit is the document granting legal permission to start construction. You must proceed as approved in the review process.
a. The fee will be collected at that time the permit is granted.
b. Building plans, drawings, specifications and the Erosion Control plan shall be filed in the office of the Association. When approval is granted by the Building & Construction Committee, the second set of plans, drawings, specifications and the Erosion Control plan will be returned to the leaseholder, together with the Building Permit and must be available at the construction site for inspection at all times until construction is completed. If any construction is commenced prior to obtaining a permit, the lessee shall be subject to a penalty.
5. Arrange Inspection Visits. Each major phase of construction must be inspected by a member of the Building and Construction Committee to make certain the work conforms to the Building Regulations. The person responsible for the construction project must request each inspection, normally 24 to 48 hours in advance, by calling one of the Building Committee members. If an inspector finds that some work does not conform to approved plans, the Committee member will advise and provide written notice that the situation is to be remedied. If the violation is serious, a stop-work order may be posted until the problem is resolved. A re-inspection of the work will be necessary. Items to be Inspected include:
a. Footings – after forming, but prior to pouring.
b. Foundation Walls – after forming, but prior to pouring or before any block work.
c. Septic Systems.
d. Completion to approved final construction on exterior of structure.
6. Certificate of Completion. A certificate of completion must be obtained prior to moving in any personal items (appliances are permitted), or a $200.00 fine per day will apply.
SECTION 39: Requirements to Transfer Property or Modify Ownership of Leasehold
1. Payment of all Lease Transfer Fees, Recording Fees, Assessments and any moneys due the Association on or before the date of closing. Property transfer fee $300.00 from buyer and from seller and Name Change or Modification of Lease $100.00
2. The kind and age of the septic system must be established to adhere to Section 16, Sanitation, of these Rules and Regulations, the Macoupin County Health Dept., and the State of Illinois.
a. An independent Septic Inspection must be completed prior to the transfer and a copy of the inspection must be submitted to the Board of Directors to remain in the lessee file.
b. Any decisions regarding septic system escrow (both amount of escrow and time frame) is to be resolved solely between the buyer and seller (if needed).
c. A review prior to the closing date and lease transfer must be completed by one or more Board Members.
3. A survey done in the last ten years of the platted lot(s) by a registered surveyor is required to transfer the lease. A copy of the survey must be on file at the Sunset Lake office before the transfer of the property can be completed, or the funds must be escrowed from the transferor or transferee for the cost of the survey.
a. If at the time of the transfer, a survey of the lot(s) cannot be completed for whatever reason, the Association will require an escrow (deposit) of one hundred percent (100%) of the estimated cost for the survey.
b. Upon completion, any escrow will be disbursed as the transferor and transferee arranged at the time of deposit.
c. Should the survey not be completed within 60 days following the closing, the Board of Directors may arrange for the survey of the lot(s) to be done with the funds in the escrow, remitting any excess to the proper party(s).
4. A Board Member will review the shoreline for protection from erosion.
a. Any improvements deemed necessary by the Association, to the shoreline, must be completed by the seller.
b. Association observation and approval of the shoreline improvements must be completed prior to closing and lease transfer.
SECTION 40: Complaints
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