Section 26a of the TVA Act
Private and Community Water Use Facilities at Jointly-owned Community Outlots
To provide supporting information regarding the submission of applications for water use facilities on jointly owned outlots.
2. Submission of Applications
TVA Section 26a regulations (§ 1304.206) require that applications for facilities constructed at jointly-owned community outlots 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 (HOA).
A. Private Facilities
Requests for private, individual facilities require concurrence by either (a) 100% of the owners having an interest in the lot or (b) a state-chartered HOA with authority to manage the lot. Before approving individual facilities at a community outlot, TVA determines if there is adequate space to accommodate individual facilities for all owners with an interest in the community outlot. In cases where all owners cannot be accommodated with individual facilities, community facilities may be required by TVA.
B. Community Facilities
Requests for community facilities that serve five or more lots must be submitted by the authorized representatives of state-chartered HOA with authority to manage the community outlot. Requests that serve less than 5 lots may be submitted by the HOA or with documentation of 100% concurrence of all the co-owners.
Applications submitted by a HOA must contain documentation of the HOA's authority (such as Articles of Incorporation). TVA considers an association to have the necessary authority to manage a common lot if all co-owners are eligible for membership in the association and a majority of the co-owners are members. The association must be legally created under the laws of the state and have authority to manage the community outlot. Property owners needing assistance in forming a state chartered association may want to seek assistance from a private attorney.
Applications submitted with 100% concurrence must provide written documentation that each person with a property interest in the community outlot concurs with the proposed facilities. The applicant is required to provide evidence of such concurrence before TVA will process a permit application. If extenuating circumstances are present, less than 100% concurrence may be acceptable to TVA. Extenuating circumstances may include, but are not limited to, situations where an owner is incapacitated or an owner or heirs of an owner cannot be located. The applicant must provide written justification of the extenuating circumstances; TVA will determine if the circumstances justify accepting less than 100% concurrence.
In other situations where waterfront property with access rights is owned by multiple parties, applications for water use facilities must comply with the 100 percent concurrence requirement defined in this guideline.
3. Size of Community Facilities
TVA rules establish a number of factors for determining the size and number of slips to be approved at a community facility. These are contained in §1304.206(b)(2). One key factor for determining the maximum footprint of a community facility is the “length of shoreline frontage associated with a community outlot” [§1304.206(b)(2)(iii)].
In 1999, the TVA Board adopted a Shoreline Management Policy (SMP) based on the Shoreline Management Initiative Environmental Impact Statement (SMI EIS). The SMP established size and density standards, later promulgated as rules, limiting dock footprints to 1000 square feet and requiring 50 feet of separation between docks. These standards provide a helpful tool for considering shoreline frontage as a factor in determining the size of a community facility. By allowing 1000 square feet for each 100 feet of shoreline dedicated for community use, the amount of water dedicated to the community facility would be similar to the amount of water occupied by individual facilities under size and density standards established in the rules for them. Consistent with the density standards of TVA’s Shoreline Management Policy (SMP), the maximum allowable footprint of a community facility is based on the length of the shoreline supporting the facility. To consistently and equitably approve community facilities across the valley, TVA applies the following guidance to determine the facility size.
A. Community Facilities in Subdivisions with one Outlot
For every 100 linear feet of shoreline at normal summer pool dedicated for community use, up to 1000 square feet of community water use facilities may be approved. For example, a community outlot with 350 linear feet of shoreline at normal summer pool may be approved up to 3500 square feet of facility. TVA's estimate of the shoreline length is used in the calculation. If there is an objection to TVA's estimate, the applicant will be required to provide a certified survey (meeting TVA’s standards and requirements) for the agency’s consideration. Where the shoreline frontage associated with the outlot or other factors contained in 1304.206(b)(2) will not support the proposed facilities, it may be necessary to reduce the size of the facility or consider a launching ramp and courtesy pier.
B. Community Facilities in Subdivisions with Multiple Outlots
In subdivisions containing multiple, non-contiguous outlots, TVA will determine a maximum allowable community facility footprint for the subdivision based on the total length of shoreline fronting all outlots. The applicant may allocate the total square footage for the subdivision across any combination of outlots or entirely on one outlot. The total footprint for the subdivision will be the sum of the maximum allowable footprint for each individual outlot based on the length of linear shoreline (1000 sq ft of community facility for every 100 linear feet of shoreline at normal summer pool). TVA's estimate of the shoreline length is used in the calculation. If there is an objection to TVA's estimate, the applicant will be required to provide a certified survey (meeting TVA’s standards and requirements) for the agency’s consideration. All allocation proposals from the applicant will be subject to programmatic and environmental review. Where the shoreline frontage associated with the outlot, site specific environmental conditions, impacts to navigation, or other requirements of 1304.206(b)(2) will not support the proposed facilities, it may be necessary to reduce the size of the proposed allocation or consider a launching ramp and courtesy pier. Once the applicant has allocated the total allowable footprint for the subdivision among the outlots, additional community facilities (docks, boatslips, etc.) on the outlots will not be approved. If the applicant chooses to allocate the entire square footage to one outlot, other outlots can be considered for launching ramps and other community recreational facilities such as picnic areas, pavilions, parks, etc. All land-based facilities in TVA’s Section 26a jurisdiction are subject to review and approval by TVA.
For example, a subdivision with three non-contiguous outlots (Outlot A, B, and C) with 600 ft, 250 ft and 150 ft of linear shoreline at normal summer pool, respectively, may be approved a total subdivision community facility footprint of 10,000 sq ft. The developer may propose a 10,000 sq ft community facility on Outlot A and launching ramps on Outlot B and C for TVA’s review. After completing all programmatic and environmental reviews and considering the other factors contained in 1304.206(b)(2), TVA will determine if Outlot A can support the proposed facility (10,000 sq ft) or if a modification of the proposed allocation is required. In this example, if TVA approves the facility (10,000 sq ft on Outlot A), no additional water use facilities (docks, piers, etc.) can be approved on outlots A, B, or C.
All outlots used in the determination of the total footprint for the subdivision must be (1) deeded for community access within the recorded subdivision (shoreline frontage outside the recorded subdivision will not be included in the calculation) and (2) capable of supporting a water use facility. For example, in subdivisions recorded after November 1, 1999 lots deeded for community access that cannot support an individual water use facility based on the requirement of 1304.204(h) cannot be used in the total footprint calculation for the subdivision. Outlots less than 50 ft will not be included in the calculation of the total footprint unless TVA determines they can support a facility in accordance with the requirements of 1304.204(h).
This guidance applies to all shoreline situations where community facilities are considered, including, among others, situations where an applicant proposes to "create shoreline" by dredging an inland harbor or other means.
Proposals to exceed the size calculated on the basis of shoreline length require the approval of the VP Land & Shoreline Management. Additionally, applicants that wish to exceed the size limitations based on length of shoreline may be required to apply for a commercial marina provided such an application is supported in the relevant land plan and the proposal meets all aspects of TVA's currently applicable definition of Commercial Marina.
Community Facilities - Multiple-slip boat docks that provide wet boat slips in front of a community out lot to those with interest in the outlot. These generally provide water access for non-waterfront lot owners in the subdivision, although slips for waterfront owners may also be accommodated. Community facilities may also be required where physical or environmental constraints prevent the approval of individual facilities.
Community Outlot - A designated lot within a waterfront subdivision that has access rights for consideration of water-use facilities and available for use by designated property owners within the subdivision, as designated by deed, subdivision covenant, or recorded plat. Community facilities as defined in this guidance can be considered at these locations.
Home Owners Association - An organization of homeowners in a particular subdivision or planned development, generally for the purpose of enforcing deed restrictions or managing the common elements of the development. TVA considers an association to have the necessary authority to manage a common lot if all co-owners are eligible for membership in the association and a majority of the co-owners are members.
Private Facility - A privately owned facility proposed by an individual with an interest in the outlot.
Waterfront subdivision - A subdivision connected by property boundary to the designated outlot.