Requirements for community docks, piers, boathouses, or other water-use facilities.
(a) Community facilities where individual facilities are not allowed:
(1) TVA may limit water-use facilities to community facilities where physical or environmental constraints preclude approval of individual docks, piers, or boathouses.
(2) When individual water-use facilities are not allowed, no more than one slip for each qualified applicant will be approved for any community facility. TVA shall determine the location of the facility and the named permittees, taking into consideration the preferences of the qualified applicants and such other factors as TVA determines to be appropriate.
(3) In narrow coves or other situations where shoreline frontage is limited, shoreline development may be limited to one landing dock for temporary moorage of boats not to exceed the 1000-square-foot footprint requirement, and/or a boat launching ramp, if the site, in TVA's judgment, will accommodate such development.
(b) Private and community facilities at jointly-owned community outlots:
(1) Applications for private or community facilities to be constructed at a jointly-owned community outlot must be submitted either with 100 percent concurrence of all co-owners of such lot, or with concurrence of the authorized representatives of a State-chartered homeowners association with the authority to manage the common lot on behalf of all persons having an interest in such lot. If the community facility will serve five or more other lots, the application must be submitted by the authorized representatives of such an association. TVA considers an association to have the necessary authority to manage the common lot if all co-owners are eligible for membership in the association and a majority are members. TVA may request the association to provide satisfactory evidence of its authority.
(2) Size and number of slips at community water-use facilities lots shall be determined by TVA with consideration of the following:
(i) Size of community outlot;
(ii) Parking accommodations on the community outlot;
(iii) Length of shoreline frontage associated with the community outlot;
(iv) Number of property owners having the right to use the community outlot;
(v) Water depths fronting the community lot;
(vi) Commercial and private vessel navigation uses and restrictions in the vicinity of the community lot;
(vii) Recreational carrying capacity for water-based activities in the vicinity of the community lot, and
(viii) Other site specific conditions and considerations as determined by TVA.
(3) Vegetation management shall be in accordance with the requirements of § 1304.203 except that, at TVA's discretion, the community access corridor may exceed 20 feet in width, and thinning of vegetation outside of the corridor within or beyond the SMZ may be allowed to enhance views of the reservoir.
(c) TVA may approve community facilities that are greater in size than 1000 square feet. In such circumstances, TVA also may establish harbor limits.
Title 18 published on 2012-04-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.