| (iii) a description of the proposed structures, the
number of structures, and whether the structures are amenities or
habitable structures;
(iv) the number of parking spaces;
(v) the approximate percentage of existing and finished
open spaces (those areas completely free of structures);
(vi) the floor plan and elevation view of the structure
proposed to be constructed or expanded;
(vii) the approximate duration of the construction;
(viii) a description (including location) of any existing
or proposed walkways or dune walkovers on the tract;
(ix) a grading and layout plan identifying all existing
and proposed elevations (in reference to the National Oceanic and
Atmospheric Administration datum), existing contours of the project
area (including the location of dunes and swales), and proposed contours
for final grade;
(x) current color photographs of the site which clearly
show the current location of the vegetation line and the existing
dunes on the tract;
(xi) a description of the effects of the proposed activity
on the beach/dune system which cannot be avoided should the proposed
activity be permitted, including, but not limited to, damage to dune
vegetation, alteration of dune size and shape, and changes to dune
hydrology;
(xii) a comprehensive mitigation plan which conforms
with the requirements in §15.4 of this title (relating to Dune
Protection Standards) and §15.7 of this title (relating to Local
Government Management of the Public Beach) which, at a minimum, includes
a detailed description of the methods which will be used to avoid,
minimize, mitigate and/or compensate for any adverse effects on dunes
or dune vegetation;
(xiii) where a mitigation plan is required, the contact
information for all landowners immediately adjacent to the tract and
affirmation by the applicant that the adjacent landowners will be
provided with notice of the hearing at least 10 days prior to the
hearing on the application;
(xiv) proof of the applicant's financial capability
acceptable to the local government to mitigate or compensate for adverse
effects on dunes and dune vegetation;
(xv) an accurate map, site plan, or plat of the site
identifying:
(I) the site by its legal description, including, where
applicable, the subdivision, block, and lot;
(II) the location of the property lines and a notation
of the legal description of adjoining tracts;
(III) the location of the dune protection line, the
line of vegetation, proposed and existing structures, and the project
area of the proposed construction on the tract;
(IV) proposed roadways and driveways and proposed landscaping
activities on the tract;
(V) the location of any retaining walls, seawalls or
any other erosion response structures on the tract and on the properties
immediately adjacent to the tract and within 100 feet of the common
property line; and
(VI) if known, the location and extent of any man-made
vegetated mounds, restored dunes, fill activities, or any other pre-existing
human modifications on the tract.
(B) Certificate application requirements for large-and
small-scale construction. For all proposed construction, local governments
shall require applicants to submit the following items and information:
(i) the name, address, phone number, and, if applicable,
fax number of the applicant, and the name of the property owner, if
different from the applicant;
(ii) a complete legal description of the tract and
a statement of its size in acres or square feet;
(iii) a description of the proposed structures, the
number of structures, and whether the structures are amenities or
habitable structures;
(iv) a statement written by the applicant affirming
that the construction, the completed structure, and use of or access
to and from the structure will not adversely affect the public beach
or public beach access ways or exacerbate erosion;
(v) the approximate duration of the construction;
(vi) a description (including location) of any existing
or proposed walkways or dune walkovers on the tract;
(vii) current color photographs of the site which clearly
show the current location of the vegetation line and any dunes on
the tract which are seaward of the dune protection line;
(viii) an accurate map, site plan, or plat of the site
identifying:
(I) the site by its legal description, including, where
applicable, the subdivision, block, and lot;
(II) the location of the property lines and a notation
of the legal description of adjoining tracts;
(III) the location of the proposed construction and
the distance between the proposed construction and mean high tide,
the line of vegetation, the dune protection line, and the landward
limit of the beachfront construction area;
(IV) the location of proposed and existing structures,
and the size (in acres or square feet) of the proposed project area;
(V) proposed roadways and driveways;
(VI) proposed landscaping activities within 200 feet
of the line of vegetation; and
(VII) the location of any retaining walls, seawalls,
or erosion response structures on the tract and on the properties
immediately adjacent to the tract and within 100 feet of the common
property line.
(C) Permit and certificate applications for large-scale
construction. For all proposed large-scale construction, local governments
shall require applicants to submit the following additional items
and information:
(i) if the tract is located in a subdivision and the
applicant is the owner or developer of the subdivision, a certified
copy of the recorded plat of the subdivision, or, if not a recorded
subdivision, a plat of the subdivision certified by a licensed surveyor,
(if the area is located within an un-platted tract, a survey will
suffice) and a statement of the total area of the subdivision in acres
or square feet;
(ii) in the case of multiple-unit dwellings, the number
of units proposed;
(iii) alternatives to the proposed location of construction
on the tract or to the proposed methods of construction which would
cause fewer or no adverse effects on dunes and dune vegetation or
less impairment of beach access; and
(iv) the proposed activity's impact on the natural
drainage pattern of the site and the adjacent lots.
(D) Submission of readily available information with
permit and certificate applications. For all proposed construction
(large and small-scale), if applicants already have the following
items and information, local governments shall require them to be
submitted in addition to the other information required:
(i) the most recent local historical erosion rate data
(as determined by the University of Texas at Austin, Bureau of Economic
Geology) and the activity's potential impact on coastal erosion; and
(ii) a copy of the FEMA "Elevation Certificate."
(E) Submission of information by local governments.
For all proposed construction (large and small-scale), local governments
shall provide to the state the following information:
(i) a copy of the community's most recent flood insurance
rate map identifying the site of the proposed construction;
(ii) a preliminary determination as to whether the
proposed construction complies with all aspects of the local government's
dune protection and beach access plan;
(iii) the activity's potential impact on the community's
natural flood protection and protection from storm surge;
(iv) a description as to how the proposed beachfront
construction complies with and promotes the local government's beach
access policies and requirements, particularly, the dune protection
and beach access plan's provisions relating to public beach ingress/egress,
off-beach parking, and avoidance of reduction in the size of the public
beach due to erosion; and
(v) copies of aerial photographs of the proposed construction
site with a delineation of the footprint of the proposed construction,
if the local government has aerial photographs of the area in which
construction is proposed.
(F) Dissemination of erosion data and other technical
information. For all proposed construction (large and small-scale),
the General Land Office shall be the state contact for erosion rate
data questions and supply available technical information to a local
government, upon request.
Cont'd... |
