§ 118-1332. Permit; appeals.

(a)

Unless exempted from these regulations, all those persons desiring to perform or cause to be performed any clearance of a shoreline shall be required to obtain a permit conforming to the procedures and standards set forth in this division.

(b)

Each applicant must address and include the following information in an application submitted to the city (applications shall be made available through the community development department—building division) and abide by the following rules:

(1)

The percentage of shoreline vegetation proposed to be removed and/or soil to be removed or added;

(2)

Two 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;

(3)

The proposed means of minimizing, mitigating, and controlling erosion;

(4)

The proposed method for filtering runoff;

(5)

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

(6)

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

(7)

The justification for any replacement vegetation to be used and whether and how such vegetation will protect and improve water quality;

(8)

The location of any existing conservation easements;

(9)

Certification of the applicant or his authorized agent in the form of his/her signature;

(10)

A list of names and addresses of adjacent property owners and any other property owners who are reasonably expected to be significantly affected by the proposed alterations;

(11)

An applicant cannot propose clearing and filling for the purpose of creating new sandy beach areas or expanding any sandy beach areas existing before the effective date of this division. Any application intended therefore or that will have such net effect will be denied; and

(12)

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 this division.

(c)

Exemptions. This division and the requirement to obtain a shoreline alteration permit hereunder shall not apply to the following:

(1)

Any person or property owner clearing less than 20 percent or 30 feet, whichever is greater, of lands at or below the normal high water elevation, where the following species of shoreline vegetation are not present in the area to be cleared and will not otherwise be affected or disturbed:

i.

Tree species listed in F.A.C. § 62-401.400(2) and (3);

ii.

Any aquatic species which is listed by the Florida Department of Agricultural and Consumer Services as threatened, endangered or commercially exploited pursuant to F.S. § 581.185, as may be amended or replaced.

(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 city prior to making such emergency repairs.

(3)

Maintenance of publicly or privately owned portions of a structural stormwater or drainage control system that does not constitute major construction or rebuilding.

(4)

Mowing of terrestrial sod grasses that may incidentally become established on lake bottom (below the normal high water elevation) from adjacent lawns. The shoreline and lake bottom areas that can be mowed must not be inundated, and the exposed soils must be dry enough to support the mower so that incidental shoreline alteration does not occur. Disking (turning the soil with blades to uproot vegetation) is excluded from this exemption.

(5)

A property owner whose shoreline has previously been cleared where the clearing is continuously maintained. If shoreline vegetation is reestablished, this exemption from permitting shall not apply.

(6)

Any activities otherwise exempt pursuant to Florida law.

(d)

Notice. Upon receipt of an application, the city shall send notices by first class mail to the owners of properties located within 300 feet of the parcel associated with the proposed shoreline alteration. All such notices shall require that written comments concerning the proposed alterations be sent to the city within 15 days following the date the notices were sent.

(e)

Appeals.

(1)

Permits. The applicant or any person entitled to notice under this division may appeal the approval or denial of an application for a permit to the city commission by filing a petition within ten days of such approval or denial. Such petition shall be submitted to the city manager or his/her designee in writing and set forth the reasons and evidentiary basis for overturning the approval or denial of the requested permit. A timely filed appeal shall be heard by the city commission within 30 days of the date such appeal is filed with the city.

(2)

Variances and special exceptions. Decisions of the planning and zoning board concerning variances and special exceptions related to the subject matter contained in this division may be appealed to the city commission in accordance with section 98-31 of this Code.

(3)

Appeals from decisions of the city commission. Appeals from the decisions of the city commission shall be made in accordance with section 98-32 of this Code.

(f)

Penalties; enforcement. If the city determines that clearing or alteration is occurring without prior approval or not in accordance with these regulations, it 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 that have been violated, and set forth the required remedial action to be taken as deemed reasonable and necessary by the city. 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.

(Ord. No. 11-20, § III, 9-21-11)