BAY POINT PROPERTY OWNERS ASSOCIATION, INC. (a Florida not-for-profit corporation)

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Antonia Golden
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1 Return to: Attn.: Secretary Bay Point Property Owners Association, Inc. 405 Gate Lane Miami, FL BAY POINT PROPERTY OWNERS ASSOCIATION, INC. (a Florida not-for-profit corporation) BOAT DOCK CONSTRUCTION STANDARDS (Including Hoists, Davits, Mooring Piles and Similar Waterfront Installations) Amended and Restated November 12, 2007; Re-amended May 11, 2009, and November 9, 2009 WHEREAS paragraph 5 of the Restrictive Covenants of Bay Point, originally recorded October 23, 1940 in Deed Book 2102, page 457, Miami-Dade County, Florida, as amended from time to time, charges the Committee (the Board of Directors of the Bay Point Property Owners Association, Inc., hereafter referred to as the Board ) with the responsibility to regulate the construction and approve plans of boat docks within the subdivision of Bay Point as shown on the Plat recorded in Book 40, Page 63 of the Public Records of Miami-Dade County, Florida, and WHEREAS paragraph 10 of said Restrictive Covenants charges the Board with the responsibility to regulate the construction and approve plans for structures of any description within the subdivision of Bay Point; and WHEREAS the Board enacted boat dock building criteria dated December 6, 1976, and modified same with addenda on July 10, 1980 and June 16, 1987; and WHEREAS the Board now finds it desirable and necessary to re-amend said boat dock building criteria, inclusive of said modifications and addenda; NOW THEREFORE it is resolved that the criteria for the construction of boat docks, together with the addenda and modifications referenced above, and any others that may - 1 -

2 be found to have been enacted prior to this date, shall be amended and restated in their entirety as follows: I. DEFINITIONS and USAGE: The terms lot, side boundary, waterfront boundary, setback line, Interior Waterways, North Waterway, South Waterway, Sabal Lake and Biscayne Bay shall be used and defined in this document the same as they are in the aforementioned Restrictive Covenants and Plat of Bay Point; provided furthermore, that the term lot shall mean only one residential site as set forth in paragraph 12 of said Restrictive Covenants. II. SIZE of DOCK: A. Maximum Quantity: One dock per lot; B. Maximum Width: 5 0 (measured perpendicularly to sea wall); C. Maximum Length (measured parallel to sea wall): for lots with 100 or less of waterfront boundary; plus 2 per foot of waterfront boundary greater than 100, up to maximum dock length of 40. D. Maximum Height: 1. Interior Waterways including Sabal Lake: (a) Deck 12 above top of seawall cap or +4 NGVD, whichever is higher; (b) Piles 10 above mean low tide. 2. Biscayne Bay: (a) Deck no higher than top of seawall cap; (b) Piles 12 6 above mean low tide. III. LOCATION: A. Side Setbacks: 1. All waterfront installations including but not limited to mooring piles, lifts and boat davits shall be within each side setback adjacent to a neighboring lot; (a) Where the side boundary adjacent to a neighboring lot intersects the seawall at less than a right angle, the respective side setback shall extend offshore perpendicular to the seawall from the point that it intersects the waterfront boundary; (b) Where the side boundary adjacent to a neighboring lot intersects the seawall at greater than a right angle, the respective side setback shall extend offshore as a straight line extension, to the end that no incursions shall be created against a neighboring lot; (c) Exceptions to (a) and (b) above may be made at the discretion of the Board only with the written consent of the affected neighboring lot owner

3 2. Docks, lifts and davits shall be located so that when a vessel is moored, lifted, or stored ashore, neither bow nor stern will infringe upon a side setback adjacent to a neighboring lot. B. Maximum Distance from Seawall: 1. Dock Decks: (a) Biscayne Bay and Interior Waterways including Sabal Lake 0 (deck to abut sea wall; on interior waterways where the deck may be higher than the seawall, the deck may extend inland as set forth in (d) below); (b) Exceptions to (a) above may be made in situations wherein regulatory authorities have determined that the ` deck must be positioned further offshore for environmental reasons, provided however, that the installation shall not impede navigation when a vessel of maximum size permitted under the Restrictive Covenants is moored to the subject dock; (c) Docks that do not directly abut the seawall as set forth in (b) above, shall be accessed from shore by a ramp/deck no (d) more than 48 wide; Access ramp/decks for docks positioned offshore from the seawall on interior waterways, and the main deck of docks that abut the seawall on interior waterways, and which are higher than the seawall in accordance with section II D 1(a) above, may extend inland over the seawall cap. 2. Mooring Piles: (a) North Waterway 20 (b) South Waterway 25 (c) Sabal Lake and Biscayne Bay 35 C. Additional Restrictions: Notwithstanding A and B above, certain lots, due to shape or location, may be further restricted in the reasonable discretion of the Board so that all waterfront installations, including but not limited to mooring piles and boat lifts, shall not impede navigation, or create a hazard, or unreasonably infringe upon the view from an adjacent lot. IV. MATERIALS: A. Dock Substructure and Piles shall be: 1. Concrete or; 2. Wood; (a) Wood piles shall be banded at top with stainless steel and capped with metal sheathing; (b) Wood piles shall have wood cleats attached to sides. B. Decks shall be of a material approved by DERM and the Army Corps of Engineers. V. DESIGN: - 3 -

4 A. Dock shall be configured so that vessel is moored parallel to seawall; B. No superstructure above deck level other than support pilings shall be permitted on dock. C. Hoists, Davits and Boat Lifts: 1. A floating boat lift shall be permitted only when located to the inland side of mooring piles, parallel to the seawall, and shall have no superstructure above the vessel. 2. A boat lift mounted on piles shall be 4-piling submersible cradle type with beam-less lifting mechanism (no superstructure or lifting beam), installed parallel to the seawall; and said pilings shall be low profile as appropriate to the location of the lift, but in no instance shall lift pilings exceed the height and distance (from seawall) restrictions of mooring piles. 4. Inclined-plane elevator type boat lifts are not permitted. 5. Davits shall be designed to lift a boat no greater than 30 in length nor more than 8,000 pounds total gross weight; and where the footing of a davit is installed atop the seawall, said footing shall be no larger than needed for its intended purpose to secure the davit, to the end that the footing shall not be used to effect a heightening of the seawall. 6. One boat lift or pair of davits designed to stow one boat shall be permitted per lot. VI. EQUIPMENT: A. Lockers and Furniture: No equipment stowage boxes or furniture may be located on docks; B. Stanchions and Bumpers: 1. Stanchions and bumpers shall be only of marine grade materials and standard marine colors manufactured for such purposes; 2. No automotive tires shall be permitted. 3. No PVC stanchions, bumpers or pilings shall be permitted. VII. PLANS and APPROVALS: Four (4) sets of detailed plans for docks and waterfront installations, including a current survey of the subject property, shall be submitted to the Board for approval, and the seal and authorized signature of the Board shall be required on said plans BEFORE they are submitted to governmental authorities for permits. Said plans must be sealed by a licensed professional engineer as appropriate for the planned structure, and, in the case of the installation of davits or any other structure which may bear weight or stress upon the seawall, the engineer shall certify that an inspection of the seawall has been conducted and that the condition of the seawall is sufficient for the installation. Responsibility for proper engineering design and calculations rests solely with the property owner s engineer who prepares the plans, and approval by the Board does not in anyway imply - 4 -

5 accuracy or sufficiency of engineering design or calculations; said approval by the Board applies only to compliance with the rules set forth herein above. THE UNDERSIGNED HEREBY CERTIFIES THAT, by majority vote of the Board, and pursuant to Notice mailed to each Bay Point property owner of record, the Board of Directors of the Bay Point Property Owners Association, Inc. enacted these regulations on November 12, 2007 and re-amended same on May 11, 2009 and November 9, / 12 / 07 Brent Pickard, Secretary - 5 -

PART III. PROVIDE A BRIEF DESCRIPTION OF THE PROPOSED DEVELOPMENT

PART III. PROVIDE A BRIEF DESCRIPTION OF THE PROPOSED DEVELOPMENT CITY OF SANIBEL Planning Department APPLICATION FOR DEVELOPMENT PERMIT STAFF USE ONLY APPLICATION No: FILING DATE: _ ACCEPTED BY: _ FEE: _ PART I. PARCEL IDENTIFICATION TAX STRAP NUMBER: - 46 - - T _ -.