§ 15-348. Decisions of the environmental protection officer.

(a)

Generally. The decision of the environmental protection officer shall be in writing, and shall indicate the date of the decision. Copies of the decision will be sent to the applicant, and by certified mail to those who previously filed written objections to the application and to the Windermere Water and Navigation Control District Advisory Board or the Conway Water and Navigation Control District Advisory Board, if appropriate. If no objections have been filed and the environmental protection officer has approved the application, the approval shall be effective immediately.

(b)

Decisions relating to new dock construction. Upon receipt of comments from all parties that have been notified, or upon the expiration of the thirty-five (35) calendar day period for written comments and recommendations, when applicable, and following staff review of the complete dock application, the environmental protection officer shall approve, deny, or approve with conditions, the application to construct the dock.

(c)

Decisions relating to applications to repair pursuant to section 15-346(b). The environmental protection officer shall approve, deny, or approve with conditions, applications for repairs that meet the criteria set forth in section 15-346(b) following the staff review of a complete application.

(d)

Decisions relating to applications for minor modifications pursuant to section 15-346(f). Following staff review of the request, the environmental protection officer shall either (1) render a decision stating that the request is non-substantial or insignificant and issue a letter authorizing modification of the permit; or (2) refer the request to the environmental protection commission to make a recommendation regarding issuance of the permit modification. The environmental protection commission shall render to the board a recommendation stating that the request is non-substantial or insignificant and recommending approval of the permit modification or that a new dock construction permit would be needed to authorize the applicant's request. The board may accept the recommendation or call for a public hearing.

(Ord. No. 2004-08, § 2, 5-18-04)