§ 70-49. Approval of county lakeshore protection regulations.

The lakeshore protection regulations of the Orange County Code, sections 15-251—15-256, attached to Ordinance No. 95-11 as exhibit A, are adopted subject to the following changes:

Section 15-252. Findings, Purposes and Objectives.

(e)

The town commission is authorized, pursuant to general law, to regulate and control conservation and beach erosion control programs.

Section 15-254. Permits.

(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 town commission delegate's authority to the county environmental protection department to grant permits 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 at the town hall and in such department):

(1)

The percentage of shoreline vegetation proposed to be removed; two copies of a plan clearly illustrating the location 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 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 or the 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)

If the applicant is not the property owner, notarized authorization from the property owner must be attached to the application; and

(9)

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

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

(c)

Upon receiving the application, the environmental protection officer, or his 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) of this section. 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) of this section. When such notarized letters of no objection are supplied to the environmental protection officer with the application, 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 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 30 calendar days of the date of sending such notices.

(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 town commission in accordance with the procedures set forth in county code section 15-344.

(h)

The board of county commissioners has established and the town commission adopts as a part of the town's fee schedule a fee of $118.00 for applications for clearance of shoreline vegetation and an inspection fee by resolution. Payment of the application fee and/or inspection fee 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 under this section as he may determine reasonable and necessary. Any permit issued under this section may be revoked by the county or town 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.

Section 15-255. Exemptions.

(2)

Emergency repairs on public or private projects necessary for the preservation of life, health or property, where taken to implement and accomplish the beneficial purposes of these regulations as set forth herein under such circumstances where it would be impractical to obtain approval from the town commission prior to making such emergency repairs.

Section 15-256. Penalties; Enforcement.

(a)

If the environmental protection officer or the town determines that clearing is occurring without prior approval or not in accordance with these regulations, they shall promptly issue a written notice of violation to the offending person. The notice of violation shall include a description of the site where the violation has occurred, cite the provisions of these regulations, general or special laws which have been violated, and set forth the required remedial action to be taken as deemed reasonable and necessary by the town. Such remedial action may include restoration of damaged topography; revegetation of the site to comply with these regulations, general, or special laws; replacement of affected wildlife; payment of all permit and inspection fees, and other actions consistent with the intent of these regulations, general or special laws or as they may be amended from time to time.

(b)

Violations of these regulations or the conditions of any permit issued pursuant to these regulations shall constitute a violation of the special act, as amended, applicable to the area in which the violation has occurred. The town commission may use any remedies and seek any penalties provided in such special acts, as amended.

(c)

The property owner shall submit to the town for review by the environmental protection officer an annual report certifying to status of continued compliance with the permit issued pursuant to these regulations.

(Code 1999, § 78-67; Ord. No. 95-11, § 1, 5-9-1995)