2009-085A - Laserfiche WebLink

Home Browse Search

EXHIBIT A description and cost estimate of the Phase II work shall be submitted along with the Phase I application for Board review . (2) Property Control : The site of a new proposed land-based development project , with the exception of those projects requesting Small- Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion . Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located . This property control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site may be joined as a co - applicant to meet this property control requirement . Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document . Property shall also be deemed dedicated for public use if: (a) The property has been designated for the use for which the project is intended (even though there may have been no formal dedication) in a plat or map recorded prior to 1940 , or (b) The project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project is intended for a period of at least 30 years prior to submission of the application, or (c) There is no ongoing litigation challenging the designated use of the property as shown on the plat or map , nor has there been any judicial determination contrary to the use by the public for the use shown on the plat or map . (3 ) Permits : The project sponsor is responsible for obtaining and abiding by any and all federal , state and local permits , laws , proprietary authorizations and regulations in the development and operation of the project . Applicants for construction projects that include elements that require state or federal environmental permits will demonstrate that all required environmental permitting and proprietary authorizations will be completed by the District's final TRIM hearing . This demonstration will be by the submission of the required environmental permit(s) or by the submission of a letter from the agency( s) stating that a permit is not required . Should the environmental permitting element of an application that has construction elements that require state or federal environmental permits not be completed by the District's final TRIM hearing, the construction portion of the project will not be considered for funding. The District will not deviate from the funding schedule, whereby funding decisions are completed at the final TRIM hearing, to accommodate any application deficiency. (4) Public Marina Qualifications : All public marina projects funded through this program shall include sewage pumpout facilities for vessels , unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable . All public marina projects funded through this program shall have at least ten percent ( 10%) of their slips or mooring areas available for transient vessels . Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas . Program funds to public marina projects shall not be utilized for replacement of the facilities if revenues generated by the facility are not allocated to the operation, maintenance and improvement of the public marina facility in accordance with