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Exhibit B <br /> entity. The governmental entity that owns the project site may be joined as a co-applicant to meet this property control requirement. <br /> Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has <br /> been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. Property shall also <br /> be deemed dedicated for public use if. <br /> (a) The property has been designated for the use for which the project is intended (even though there may have been no formal <br /> dedication)in a plat or map recorded prior to 1940,or <br /> (b)The project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project <br /> is intended for a period of at least 30 years prior to submission of the application,or <br /> (c)There is no ongoing litigation challenging the designated use of the property as shown on the plat or map,nor has there been <br /> any judicial determination contrary to the use by the public for the use shown on the plat or map. <br /> (3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws, <br /> proprietary authorizations and regulations in the development and operation of the project_ Applicants for construction projects that <br /> include elements that require state or federal environmental permits or proprietary authorizations will demonstrate that all required <br /> environmental permitting and authorizations will be completed by the District's final TRIM hearing. This demonstration will be by <br /> submission of the required environmental permit(s) and authorizations,or by submission of a letter from the agency(s)stating that a <br /> permit or authorization is not required. Should the environmental permitting element of an application that has construction elements <br /> requiring state or federal environmental permits or authorizations not be completed by the District's final TRIM hearing, the <br /> construction portion of the project will not be considered for funding. Whereby funding decisions are completed at the final TRIM <br /> hearing,the District will not deviate from the funding schedule to accommodate any application deficiency. <br /> (4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout <br /> facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or <br /> economically impracticable. All public marina projects funded through this program shall have at least ten percent (10%) of their <br /> slips or mooring areas available for transient vessels. Public marina dockage rates shall be within market comparison of the dockage <br /> rates of other area marinas. The public marina will be required to establish and maintain an accounting of the funds for the facility <br /> and shall plan for and retain at all times sufficient funds for the on-going maintenance of the facility during its project life. <br /> (5) The District may assist eligible local governments with efforts to prepare and implement a comprehensive maritime <br /> management plan. The plan shall be utilized by the eligible government to promote and maximize the public benefit and enjoyment <br /> of eligible waterways, while identifying and prioritizing the waterway access needs of the community. The plan should not duplicate <br /> any existing or ongoing efforts for the same waterway or water shed, nor shall the District participate in any effort that does not <br /> address the basic maritime needs of the community. <br /> (a) Existing plans may be updated at reasonable intervals or amended to include waterway areas previously not included in the <br /> original effort. Public, government, environmental, industry and other pertinent interest groups shall be solicited and included for <br /> input in the planning process. <br /> (b)The plan shall be utilized as a tool to provide a minimum 5-year planning analysis and forecast for the maritime needs of the <br /> community,and shall include, at minimum,the following: <br /> 1. Public boat ramp and ramp parking inventory and analysis. <br /> 2. Public mooring and docking facility analysis, including day docks and transient slips. <br /> 3.Commercial and working waterfront identification and needs analysis. <br /> 4.The identification, location, condition and analysis of existing and potential navigation channels. <br /> 5.An inventory and assessment of accessible public shorelines. <br /> 6. Public Waterway transportation needs. <br /> 7. Environmental conditions that affect boat facility siting,a current resource inventory survey,and restoration opportunities. <br /> 8. Economic conditions affecting the boating community and boating facilities. <br /> 9.Acknowledgment and coordination with existing data and information,including an emphasis on the Intracoastal Waterway. <br /> (c) Projects requested for assistance program funding shall be consistent with the applicant's maritime management plan. The <br /> applicant should utilize the plan to assist in prioritizing waterway improvement projects. <br /> (6) All eligible environmental restoration, enhancement or mitigation projects as well as the environmental restoration, <br /> enhancement or mitigation components of other types of projects shall be required to pursue and assign any available mitigation <br />