§ 15-444. Review and appeal procedures.

(a)

Review and appeal. The county planning director shall determine if an application for a development permit for a project is within the Econ River Basin and/or if the project is located in the river corridor protection zone and therefore subject to these regulations and if the proposed development is in compliance with these regulations. As an alternative to strict compliance with the provisions of this article, the owner/applicant may submit a study to the county planning director for review and approval that clearly demonstrates the proposed development or activity meets the intent of the provisions of this article. The standard of review shall be as set forth in section 15-443 (i.e., no material adverse effect on the habitat of any aquatic or wetland-dependent wildlife or the habitat of any species designated as endangered, threatened or species of special concern pursuant to F.A.C. 39-27.003, 39-27.004 and 39-27.005, respectively, or water quality, or the groundwater table and surface water levels to minimize alterations to natural hydrologic patterns and subsequent vegetation changes). Any alternative plan recommended for approval by the planning director shall be confirmed by the board of county commissioners. The methodology of the study shall be submitted to the planning director for review and approval prior to conducting the study. The planning director shall expeditiously review and respond to the property owner/applicant. The owner/applicant of the property may appeal the planning director's determination to the chairman of the development review committee (DRC) as that committee is established by the county subdivision regulations. The appeal must be submitted in writing within fifteen (15) calendar days of receipt of the written determination. The property owner/applicant shall submit to the DRC as part of the written appeal a scaled drawing of the property contained in the application indicating future land use designation of the property according to the comprehensive policy plan, a legal description of the property, the current zoning of the property, the proposed land use designation, the proposed zoning, and a conceptual plan of the proposed use contemplated by the application.

(b)

Appeal to the development review committee. The DRC shall hold a hearing on the appeal at the next available meeting. At least ten (10) days written notice of the hearing shall be provided to the property owner/applicant. The DRC shall either affirm, reverse or modify the planning director's determination of whether the property is located in the Econ River Basin and/or if the project is located in the river corridor protection zone and/or if the project is in compliance with the provisions of this article.

(c)

Appeal to the board of county commissioners. The property owner/applicant may appeal the DRC determination within fifteen (15) days of receipt of the written determination to the board of county commissioners. The board of county commissioners shall hold a hearing on the appeal within sixty (60) days upon receipt of the written appeal. At least ten (10) days written notice of the hearing shall be provided to the property owner/applicant. At the close of the hearing, the board of county commissioners shall uphold, reverse or modify the development review committee's determination.

(d)

Review of board of county commissioner's appeal decisions. Any person aggrieved by the board of county commissioner's decision on an appeal under these regulations may file a petition for writ of certiorari in the circuit court of the county in accordance with the procedures for appeals set forth in section 30-46 of the County Code.

(Ord. No. 91-29, § 2(Exh. A), 12-10-91)