§ 15-254. Permit; appeals.

(a)

All those persons desiring to perform or cause to be performed any clearance of shoreline vegetation shall be required to obtain a permit in conformance with the procedures and standards set forth in this article, unless exempted by these regulations. The board of county commissioners hereby delegates authority to the county environmental protection department to grant a permit in accordance with the provisions of this article provided the applicant demonstrates that the clearance of shoreline vegetation will not materially affect any of the rights and interests of the public set forth in this article. This article shall be administered by the environmental protection officer or his designee and references to environmental protection officer in this article shall include reference to his designee.

(b)

Each applicant must address and include the following information in an application submitted to the county environmental protection department (applications are available in such department):

(1)

The percentage of shoreline vegetation proposed to be removed. Two (2) copies of a plan clearly illustrating the locations of the work requested with respect to the applicant and other affected persons, water levels, lake bottom elevations, and elevations of requested work above and below water and the legal description of subject property. The plans shall include a copy of a current certified survey of the property;

(2)

The means for minimizing and controlling erosion;

(3)

The method for filtering runoff;

(4)

The method for reducing the nutrient concentration in both surface runoff and lake waters;

(5)

The means for stabilizing soils at and below the normal high water elevation;

(6)

The justification for the replacement vegetation and its ability to protect and improve water quality;

(7)

The location of any conservation easement;

(8)

The applicant or his authorized agent shall sign the application; and

(9)

A list of names and addresses of adjacent property owners and any other potentially significantly affected property owners as may be determined by the environmental protection department.

(c)

Upon receiving the application, the environmental protection officer, or designee, assigned by the environmental protection department shall send notices by U.S. mail to the owners of the properties listed in subsection (b)(9) above. In the alternative, the applicant, at his option may supply notarized letters of no objection from each of the parties listed in subsection (b)(9) above. When such notarized letters of no objection are supplied to the environmental protection officer with the application, then the notices to such parties need not be sent. In cases where the nature of the shoreline is such that additional property owners will be affected, the environmental protection officer may send notices to these property owners as well. The environmental protection officer will also send notices and copies of the application to the Windermere and Conway Water and Navigation Control District Advisory Committees, where appropriate, and may notify other county departments, agencies or governmental bodies. All such notices shall require that written comments on the proposed clearance of shoreline vegetation be sent to the environmental protection officer within thirty (30) calendar days of the date of sending such notices.

(d)

Failure to return written comments within thirty (30) days shall be presumed to indicate that no objections exist.

(e)

Upon receipt of comments from all parties that have been notified or notarized letters of no objection, or upon the expiration of the thirty-day period for written comments, and following staff review of the proposed clearance of shoreline vegetation, the environmental protection officer shall approve, deny, or approve with conditions, the application for clearance of shoreline vegetation. 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. If no objections have been filed and the environmental protection officer has approved the application, the approval shall be effective immediately.

(f)

An appeal of a decision rendered by the environmental protection officer to either approve or deny an application for clearance of shoreline vegetation permit (with or without conditions) shall be made to the board of county commissioners in accordance with the procedures set forth in Orange County Code, section 15-344.

(g)

All mechanically cleared or trimmed vegetation shall be removed from the lake and the normal high water elevation within twenty-four (24) hours of clearing or trimming. Failure to do so will constitute a violation of these regulations.

(h)

The board of county commissioners hereby establishes that a fee for applications for clearance of shoreline vegetation and an inspection fee shall be established by resolution. Payment of the application fee and/or inspection fee(s) shall in no way guarantee issuance of a clearance of shoreline vegetation permit, and such fees are nonrefundable. The environmental protection officer may include such provisions, terms and conditions in any permit issued hereunder as he may determine reasonable and necessary. Any permit issued hereunder may be revoked by the county for violation or noncompliance with the provisions of such permit, this article, and general or special law, misrepresentation, mistake of fact, or mistake of law.

(Code 1965, § 36-164; Ord. No. 83-25, § 4, 5-31-83; Ord. No. 91-24, § 2, 11-5-91; Ord. No. 91-29, § 2(Exh. A), 12-10-91; Ord. No. 95-5, § 3, 4-4-95)