ALBEMARLE PLANTATION MARINA POLICY

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1 ALBEMARLE PLANTATION MARINA POLICY SEPTEMBER 1, 2016

2 Purpose... 2 Enforcement Procedure... 2 Right/Procedure to Appeal... 3 Attachment A: Marina Rules and Regulations... 4 Important:... 4 General Regulations... 4 Safety Regulations... 6 Environmental Regulations... 7 Albemarle Plantation Marina Severe Weather Plan... 7 Severe Weather Alert Levels... 8 Attachment B: Storage Area Regulations... 8 Attachment C: Small Boat Policy... 9 Attachment D: Marina Fire and Emergency Procedures September 2016 Albemarle Plantation Properties, Inc. Page 1 of 13

3 Purpose Albemarle Plantation Properties, Incorporated (APPI) operates the Recreational Amenities for the ALBEMARLE PLANTATION PROPERTY OWNERS ASSOCIATION, INC., (APPOA) a Not-For-Profit Corporation governed by the Amended and Restated Master Declaration of Covenants and Restrictions for Albemarle Plantation (the Declaration ) adopted in January, These Recreational Amenities include, but are not limited to, the golf course (The Sound Golf Links), the swimming pool, the clubhouse (including The Clubhouse Restaurant at Albemarle Plantation), Dockside Restaurant, the marina, and the tennis/bocce courts. APPI is governed by the Albemarle Plantation Properties, Inc. Bylaws, which are subject to the terms and conditions of the Declaration. The APPI Board of Directors desires to preserve, maintain and enhance the Marina Amenity, while providing a pleasant experience for its users. This Albemarle Plantation Marina Policy, September 2016 supersedes the previous May 1, 2015 Albemarle Plantation Marina Policy. It derives its authority from Article 5, Section 3 of the APPI Bylaws. It will remain in effect until subsequently modified by the APPI Board of Directors. It contains: Albemarle Plantation Marina Policy Attachment A: Marina Rules and Regulations Attachment B: Dry Storage Regulations Attachment C: Small Boat Policy Attachment D: Marina Fire and Emergency Procedures The aim of the Marina Policy is to: 1. Provide an inviting atmosphere for Member Slip Holder* and their guests; 2. Provide an inviting atmosphere for Non-member Slip Holders and Transient Boaters**; 3. Provide safe guidance for Members, their guests, non-member slip holders, and transient boaters. 4. Provide structured guidance and ensure compliance to the Marina Rules and Regulations; and 5. Help protect the environment and the marina facilities. *For purposes of this policy, a Member Slip Holder is defined as anyone who is a member of the Albemarle Plantation Property Owners Association and is current with their APPOA dues, assessments (i.e., s/he is a member in good standing), and has a APPI Slip Lease Agreement **A Non-member Slip Holder is defined as anyone who legally owns a vessel, and has an APPI Slip Lease Agreement, and is in good standing with Marina management. Transient Boaters are marina guests who arrive at the marina by vessel, register with the Marina management and are not subject to an annual Slip Lease Agreement. Enforcement Procedure All slips are leased for use in accordance with the Albemarle Plantation Marina Slip Lease Agreement. When a visiting vessel enters the marina, it immediately comes under the jurisdiction of APPI and will accept the slip assigned to it. The facilities at the marina are offered September 2016 Albemarle Plantation Properties, Inc. Page 2 of 13

4 to all slip holders and transient boaters with the understanding that boat owner(s) will assume responsibility for their vessel. APPI will not assume responsibility for the safety of any vessel docked at the marina and will not be held liable for fire, theft or damage to that vessel, its equipment or property. Anyone visiting the Marina, whose conduct is deemed to be improper or likely to endanger the welfare, safety, harmony or good reputation of a Member or another slip holder, or who is in violation of the Marina Rules and Regulations (Attachment A), may be asked to leave the premises by Marina Management (e.g., the Marina management or Staff). The Slip Lease Agreement may be terminated with forfeiture of monies paid upon any infraction of the Rules and Regulations. Further action may be taken through formal disciplinary action as described in the Albemarle Plantation Properties, Inc. Bylaws. If any individual refuses to cooperate with Marina Management, the Director of Operations will be contacted. If neither is available, Marina Management will document the incident using the Albemarle Plantation Incident Report Form and forward the information to the Director of Operations, who will handle the incident at a later time. If a serious, highly volatile situation occurs between individuals, Marina Management will contact the Director of Operations and the President of the APPI and or call 911 if deemed necessary. If management feels threats have been made by an individual, or someone is in harm s way, the Security Guard will be contacted who will then call local law enforcement to request assistance. Right/Procedure to Appeal Per the North Carolina Planned Community Act, the Director of Operations manages enforcement issues for APPI, in accordance with the processes established in the Albemarle Plantation Properties, Inc. Bylaws. Adopted by the APPI Board of Directors, September 2016 September 2016 Albemarle Plantation Properties, Inc. Page 3 of 13

5 Attachment A: Marina Rules and Regulations Important: 1. The following Marina Rules and Regulations were recommended by the APPI Board of Governors and adopted by the APPI Board of Directors on June 30, The Board of Directors may revisit these Rules and Regulations on a yearly basis or as needed. Once changes are adopted by the APPI, they will be made available to all Property Owners. 3. Albemarle Plantation Marina Policy will reside in the Director of Operation s Office, be placed on the APPOA website and made available at the Marina management s Office thereby making them accessible to all Members and guests. 4. The Marina Rules and Regulations apply to all users of the Marina, Member Slip Holders and their guests, Non-member Slip Holders and their guests, and Transient Boaters and their guests. Your cooperation in observing them is appreciated. General Regulations 1. The slip assignment is non-transferable. If a slip holder sells or charters the vessel, all rights, including all rental payments for the slip, are forfeited. 2. No outside contractors or service companies are permitted to undertake work on a vessel without express prior approval of Marina Management. Contractors will maintain insurance as well as worker compensation and provide certificates of insurance to Marina Management. 3. Tenders and skiffs will be stored on-board larger vessels. As an alternative, the owner may rent a space in the dry storage area. 4. Children under the age of 16 must be accompanied, at all times, by an adult on the marina premises. 5. Dogs are permitted at the marina and must be leashed at all times. Dog owners will be responsible for removing all dog waste from the premises. 6. Fishing and crabbing are permitted from the docks unless otherwise indicated in accordance with the most current North Carolina Inland Fishing, Hunting and Trapping Regulations Digest. Fish and crab cleaning will occur only at the cleaning stations. All fish waste will be disposed in the container adjacent to the fish cleaning station. All crab pots must be tagged with the owner s name and phone number and must be attended to on a daily basis. September 2016 Albemarle Plantation Properties, Inc. Page 4 of 13

6 7. Vessel owners will not store supplies, materials, accessories, or debris on the walkways. Construction of lockers, chests, steps, ramps, TV antennas or similar structures is prohibited without express permission from Marina Management. Dock boxes may be installed after obtaining a written permit approved by the Marina management providing the boxes meet the following criteria: a) Must be made of white fiberglass material with a lockable latch; b) Must be securely bolted to the dock from the inside; c) Must have substantial eye bolts on the dock to strap the box down during a storm; d) Depth no greater than 22 ; Width no greater than 60 ; Height no greater than 24 ; e) The dock box and its placement on the dock must be approved by marina management (The above size limitation may require a box to be smaller if the position of the dock box proves to be block access around the dock); f) Dock boxes must be kept maintained and cleaned; g) Flammable materials, flares etc. will not be stored in dock boxes; h) Dock boxes may be pad locked with the Marina management maintaining a key or combination to the lock for inspection purposes. 8. Laundry will not be hung on vessels, docks, or finger piers. 9. Swimming and diving are not permitted from the marina premises. 10. Noise will be held to a minimum at all times. Slip holders will use discretion in operating motors, generators, pumps, power tools etc. so as not to disturb other boat owners. 11. Wheelchairs, mobility scooters, golf carts and bicycles are permitted on the dock when operated at a safe speed. No skateboards, roller blades or skates or other conveyances may be used on marina property. 12. Any alteration or modification to the dock or slip such as adding a ladder or fixed mounted fenders must obtain a written permit approved by Marina Management. 13. Preventative maintenance and minor repairs such engine filter servicing, electrical repairs, and touch up painting will be allowed. Major repairs such as hull painting and engine replacements will not be permitted. 14. Use of APPI amenities, including the Clubhouse restaurant, swimming pool and tennis courts is included in the transient dock fee. Normal fees apply to the use of the Sound Links golf course. 15. Non-member slip holders are authorized the use of the swimming pool and other non-golf amenities. Normal fees apply to the use of the Sound Links Golf Course. The Marina Management will provide details and pool passes. 16. Golf carts are available for rent by slip holders. Drivers will operate the golf cart in a safe manner and will be liable for any damages to the golf cart September 2016 Albemarle Plantation Properties, Inc. Page 5 of 13

7 Safety Regulations 1. It is required that the slip holder provide Marina Management with a set of keys and / or combinations to combination locks in the event of an onboard emergency or to remove the vessel from its slip. Keys shall be maintained in a locked key cabinet. 2. No vessel in the marina shall be operated in an unsafe manner. Each owner or operator will be held responsible for damage, which may be caused to other vessels or to any structure in the marina. Any vessel that sinks shall be removed from the marina by the Tenant within 72 hours of notification. Failure to do so will result in removal by Marina Management at the slip holder s expense. 3. The boat owner is responsible to keep the vessel in a clean, safe, seaworthy and fully operational condition. Failure to do so shall be cause for termination of the lease. 4. Vessel owners are responsible for the condition and safety of their shore power cords that connect their boats to the marina power pedestals. APPI is responsible to provide power pedestals that are in good working order and in compliance with all local electrical codes. In all cases, the power circuit breaker at the pedestal shall be turned off prior to connecting or disconnecting the power cord to the boat. If an unsafe condition exists, it is the responsibility of the vessel owner/operator to bring the issue to the attention of Marina Management. 1. Marine grade 30/50 amp marine shore-power cords shall be used to supply power from the power pedestal to the vessel. a. If a vessel is not equipped with shore power capability, the following shall apply: 2. A UL, CSA, or ETL Marine listed exterior, weather resistant, grounded (three-prong) extension cord shall be used. 3. For the use of any appliance connected to the 30-amp outlet from the power pedestal using an extension cord, the cord shall be a minimum of 10 gauge UL listed outdoor extension cord. 4. When extension cords are used inside the vessel, a 14-gauge or larger weather resistant, grounded (three-prong) cord is required. 5. When in doubt, contact the Marina management for advice and assistance. 5. The use of portable heaters on vessels docked at the marina using conventional 30 / 50 amp shore power is permitted as follows: 1. Diesel powered vessels: Only use UL, CSA, or ETL listed portable, electric heaters equipped with a tip-over safety switch and an overheat safety shut-off. 2. Gasoline powered vessels: A USCG-approved ignition protected engine room or bilge heater is the only heat-producing device allowed. September 2016 Albemarle Plantation Properties, Inc. Page 6 of 13

8 3. All other heat producing devices, including, but not limited to, an open flame heater, utility drop light, heat lamp, open quartz heater, or other electric element heaters are specifically prohibited. 6. Flammable liquids shall not be stored in dock boxes. They may be stored on board the boat owner s vessel in approved containers. 7. No charcoal or open fires are allowed on any of the marina property or vessels. 8. Fireworks are not permitted on the marina premises. 9. Boats must be secured in a safe manner using good, quality line of the proper size. Environmental Regulations 1. Refuse of any type shall not be thrown overboard at any time. Garbage shall be disposed of on shore in proper bags into trash containers. Every effort shall be made to properly dispose of recycling materials in the receptacle on the dock. 2. Fuel and oil that has entered the bilge shall not be discharged overboard. Absorbent pads or other material shall be used to collect these contaminants and disposed of properly. 3. Holding tanks shall be pumped out using the pump out station at the fuel dock. Human waste shall never be discharged overboard. 4. The vessel owner/operator is responsible for any environmental spills caused by them and the associated cleanup. 5. It is highly recommended that biodegradable / environmentally friendly soaps and cleaners be used in the maintenance of boats in the marina by owners and contractors. Albemarle Plantation Marina Severe Weather Plan 1. In the event of a severe storm threat, it is the responsibility of Director of Operations to make the decision to protect the marina assets, as well as the safety of the boats in the marina. The owners of the vessels in the marina will be ordered to evacuate the marina and relocate all vessels to a safe haven. Dock boxes shall be secured or removed. All loose equipment and hoses shall be removed from the tenant s slip area. Lines and fenders shall be secured. 2. Once a storm, be it of hurricane or tropical storm force, enters the Albemarle Plantation Threat Domain, it is considered a threat. The Albemarle Plantation Threat Domain is generally defined as the area north of 26 degrees north latitude and west of 63 degrees west longitude. This roughly corresponds to the area north of Miami, Florida and west of Bermuda. Once a storm enters this Threat Domain, Director of Operations shall advise vessel owners that an September 2016 Albemarle Plantation Properties, Inc. Page 7 of 13

9 evacuation order may be forthcoming. Only the Albemarle Plantation Director of Operations has the authority to order an evacuation and the subsequent return to the marina. It is a requirement of the Albemarle Plantation Marina Slip Lease Agreement that all boats must vacate when ordered to do so by the Director of Operations. 3. It is understood by the slip holder that Marina Management may not be able to locate all slip holders regarding the issuance of an evacuation order. Marina Management, shall do everything possible to contact the slip holders by phone, or in person should an evacuation be required. 4. Evacuation is mandatory once ordered by the Director of Operations. In accordance with the Albemarle Plantation Marina Slip Lease Agreement, if an owner is unable or unwilling to remove the vessel, Marina Management is permitted by the Albemarle Plantation Marina Slip Lease Agreement to remove the vessel at the owner s expense and risk but is under no obligation to do so. The responsibility for the safety and security of each vessel rests with the owner. 5. The APPI Board of Directors has approved the OYC Severe Weather Evacuation Plan as the protocol for safe marina evacuation. OYC will offer its resources to implement the plan in conjunction with Marina Management. It is encouraged that all slip holders join OYC. Severe Weather Alert Levels Marina Management headed by the Director of Operations shall use all resources available to make a decision regarding marina evacuation. Code Warning Levels Director of Operations shall decide when to call for the appropriate Code Warning Levels. 1. Code Orange: A Severe Weather Watch indicates that a severe storm is possible. 2. Code Red: Mandatory Evacuation ordered due to a Severe Weather Warning which indicates severe weather is expected. 3. Code Green: All Clear, vessels may return to the marina. Attachment B: Storage Area Regulations The Dry Storage Area at Albemarle Plantation is intended for the use by all Members, their guests and Tenants. The designation Marina Management is used here to indicate any person authorized to represent the actual owners of the storage area. The word "Tenant" is used to indicate the owner of property legally within the storage area or any person who is otherwise using the facility. September 2016 Albemarle Plantation Properties, Inc. Page 8 of 13

10 Rules 1. Marina Management assumes no responsibility for the safety of property stored at the facility and shall not be liable for fire, theft, or damage to said property, and its equipment, or any property in or on said property, however arising. The Tenant will carry insurance protection if desired. 2. In the event of severe storms and hurricanes or fire, it is the Tenants responsibility to secure their property. 3. Boats, trailers and recreational vehicles shall be in useable condition and not constitute a hazard or they will be removed from the area by Marina Management at the Tenant's expense. Tenants must furnish their own tie down lines. All lines in securing property must be of adequate size, material and in good condition, in the opinion of Marina Management, or they may be replaced by Marina Management at the Tenant's expense. 4. Owners will not store supplies, materials, accessories or debris in the storage space. 5. Major repairs or refitting at the storage area is prohibited unless an acceptation is approved by Director of Operations. 6. No advertising or soliciting will be permitted, except with written permission of the Director of Operations. 7. Children under the age of 16 must be accompanied an adult at all times. 8. Pets will be admitted only under leash and must not run loose. Pet owners are responsible for cleaning up pet excrement. 9. No open fires will be permitted at any time. 10. Noise shall be held to a minimum at all times. 11. The gate shall be locked at all times when someone is not attending the storage area. The key may be picked up at the Albemarle Plantation main gate security office. The key must be signed-out and returned immediately after use. Attachment C: Small Boat Policy Rules 1. A small boat is defined for the purposes of this policy as a boat under 16 in length. September 2016 Albemarle Plantation Properties, Inc. Page 9 of 13

11 2. Available slips included in this policy are 15, 17, 19, 21, 23, and 25 on A dock and slips 46, 48, 50, 52, and 54 on D dock. No other slips are available under this policy. 3. The location of the small boat within each slip will be determined by the Marina Management and there may be more than one small boat in each of the referenced slips. 4. Boat lifts, both mechanical and electric, may be allowed to be installed (at the lessee s cost) in the slips designated above. 5. All rules and regulations established for the use of the marina and contained in the Albemarle Plantation Marina Policy apply to users of slips under this Small Boat Policy. September 2016 Albemarle Plantation Properties, Inc. Page 10 of 13

12 Attachment D: Marina Fire and Emergency Procedures Marina Fire Brigade Communications Procedures SECURITY OFFICER FOR A FIRE AT THE MARINA, CALL 911. Then call each member of the Marina Fire brigade below AFTER calling 911: Andy Coburn (H) (C) Bernard Poppert (C) Bruce Hobson Don Johnson Mike Finamore MARINA STAFF CALL 911 and state the nature of the emergency then notify Security Officer at Call one member of the Fire Brigade above Begin Marina Fire Brigade response procedures September 2016 Albemarle Plantation Properties, Inc. Page 11 of 13

13 Marina Fire Brigade Response Procedures After 911 and the Security Gate are contacted, the Marina Fire Brigade and Marina Staff shall respond to a marina fire using the following procedure listed in order of priority: Turn OFF fuel lines. Move and set up pump to within a safe distance of the fire. Lay hoses out to a fire fighting position. When 3 brigade/staff members have arrived position: - One member at the pump. - Two members on the hose line. - Begin fire suppression. All other brigade members: - Clear docks of spectators - Clear path to Marina for Fire Department Relinquish to Fire Department as they direct. September 2016 Albemarle Plantation Properties, Inc. Page 12 of 13

14 Marina Emergency Procedures General Public For any emergency at the marina, immediately: Call 911 using the RED PHONE at the dock shed or a cell phone. State the nature of the emergency and that it is at Albemarle Plantation Marina. Call the Front Gate at , state the nature of the emergency and that 911 has been called. Notify marina staff if on duty. September 2016 Albemarle Plantation Properties, Inc. Page 13 of 13