§ 5-301. Boat slip allocation.

All of the boat slips allotted to the city pursuant to the plan shall be allocated as follows:

(1)

There will be allocated to waterfront single-family residential properties the number of boat slips required by law.

(2)

There shall be one (1) boat slip set aside for each existing boat trailer parking place located at public riverfront boat ramps within the city limits.

(3)

There shall be set aside fifty (50) boat slips for future public marinas and/or additional boat trailer parking at public riverfront boat ramps within the city.

(4)

Each private residential multi-family dock shall be allocated the number of boat slips allowed within a preempted area as per the state's 40:1 rule. If the 40:1 rule is modified or amended by the state to allow a lesser or greater amount of preempted area without requiring a showing of net positive public benefit or other criteria, then the number of allocated boat slips shall be adjusted accordingly. Private residential multi-family docks with an approved allocation of boat slips pursuant to these regulations shall be deemed grandfathered if the state law is subsequently modified, in order to allow the already approved number of boat slips to remain in existence into the future, and to be repaired or rebuilt if damaged or destroyed.

(5)

If a private residential multi-family dock intends to preempt more submerged land than allowed under the 40:1 rule, the additional boat slips that will be located within this additional preempted area shall be allocated to the owner on the basis of net positive public benefit if:

a.

The owner of the dock contributes a proportionate fair-share towards the public projects designated by the city; and

b.

The number of remaining boat slips within the total city allocation is sufficient to satisfy the request. If the number of boat slips remaining in the city's allocation under the plan is insufficient, the city shall allocate only the number of remaining slips.

(6)

a.

The city may impose impact fees or other proportionate fair share exactions upon the upland properties to which new or additional boat slips are allocated after the adoption of this ordinance, for the purpose of the reconstruction of a channel parallel to the city's shoreline, and one (1) or more access channels between that channel and the Intracoastal Waterway. Such fees or exactions may include a surcharge per slip for private multi-family residential slips to the extent the additional boats slips are used to occupy submerged land in excess of that allowed under the 40:1 rule. It is the intent of the city that the surcharge shall satisfy the net positive public benefit requirement under state law.

b.

The city may further impose recurring special assessments in the manner allowed by law for the continuing maintenance of channels, upon all riparian properties specially benefited by the establishment and maintenance of improved navigational access.

c.

The city shall utilize all exactions, impact fees or proportionate fair share contribution hereafter imposed on those properties to which boat slips are allocated under subparagraph (a) for the purposes of constructing and improving nonexclusive public navigational access between the public and private waterfront lands within the city, and the publicly maintained channels including the Atlantic Intracoastal Waterway. The city may utilize the receipts of any surcharge imposed under subparagraph (a) for such projects or for other projects creating a public benefit, including but not limited to manatee protection. The city shall utilize the receipts of any continuing special assessment for the purposes of said assessment.

(7)

The city shall establish a separate fund to deposit and hold the funds to be used for the construction, maintenance, repair and/or expansion of the public projects. The city retains the right to use said funds for other qualifying public projects that may be designated by the city after the financial contribution is made.

(8)

It is the intent that all references to "public projects" shall mean public projects that have the effect of maintaining or increasing the public's access to sovereign submerged lands as required by state law.

(9)

The city shall designate the public projects and establish the financial contribution to be paid towards the construction, maintenance, repair and/or expansion of said public projects by resolution adopted by the city council.

(Ord. No. 07-01, § 1, 1-23-07)