§ 5.06.03. Requirements.

(a)

All persons desiring to perform or cause to be performed any shoreline alteration involving the alteration, clearance, fill or construction of a seawall, which involves changes to the shoreline or waterfront vegetation shall be required to obtain a permit from the town unless exempt by these regulations. The permit shall be submitted to the town manager.

(b)

The town manager shall be empowered to grant a permit only if the applicant demonstrates that this shoreline or waterfront clearing or alteration will not be adverse to the public purposes and benefits of maintaining lake water quality and fish and wildlife habitat and reducing nutrient loading by maintaining shoreline and waterfront vegetation necessary for the health and viability of a lake system. The applicant must further demonstrate that the proposed removal of vegetation will not degrade water quality below the standards set forth in F.A.C. ch. 17. Each applicant for a shoreline alteration permit shall submit a site plan, photographs and materials containing information and addressing the following items:

(1)

The percentage, area and types of shoreline and waterfront vegetation proposed to be removed and to be maintained;

(2)

A plan showing any proposed changes in shoreline contour to include existing and proposed topographic elevations. Also included shall be the quantities of material to be removed and filled in cubic yards;

(3)

A plan showing the proposed method for controlling erosion, filtering run-off and reducing nutrient concentration;

(4)

The means for minimizing and controlling erosion;

(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. 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; and

(7)

The reasons for such request and an explanation of the hardship expected if a permit is not granted.

(c)

If the town manager determines that any alteration or filling is occurring or has occurred without prior approval or is not in accordance with these regulations or approved permit, a written notice of violation shall be issued promptly to the property owner. The notice of violation shall include the description of the property involved, the provisions of these regulations or other applicable regulations which have been violated, and the remedial action to be taken. Such remedial action may include restoration to the existing conditions, revegetation of the shoreline or waterfront, application for permit, payment of permit fees or other action consistent with these regulations. If any person commences any shoreline alteration or the removal of any shoreline or waterfront vegetation before obtaining the necessary permit, he shall be subject to a penalty of triple the permit fees. If any person fails to apply for the necessary permit within 30 days of receipt of written notice of violation, such person shall also be subject to an additional penalty of triple the permit fees for each month or portion thereof occurring, commencing 30 days from the date of receipt of written notice of violation and continuing until proper application for the necessary permit is made.

(d)

The town manager may include such provisions, terms and conditions in any permit issued hereunder as it may determine reasonable and necessary. Any permit issued hereunder may be revoked by the town for violation or noncompliance with the provisions of said permit, this article, and general or special law, mistake of fact, or mistake of law.

(e)

The permit fee for applications for shoreline or waterfront vegetation removal shall be as established by the town council and on file in the town clerk's office to cover the administrative cost of processing such application and for inspection to ensure the clearing, if approved, is done in accordance with the permit and these regulations.

(f)

Nothing in the regulations set forth in subsections (a) through (e) of this section is intended to relieve a property owner or contractor of any obligation under state law or county regulations to obtain required permits from the state department of environmental regulation, department of natural resources or other governmental authorities having jurisdiction, when applicable.

(g)

Exemptions. These regulations and the requirement to obtain a permit hereunder shall not apply to the following:

(1)

Any person or property owner hand clearing less than 20 percent or 30 feet, whichever is greater, of lands at or below the normal high-water elevation.

(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 manager prior to making such emergency repairs.

(3)

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

(4)

Any person or property owner clearing shoreline vegetation which is within the physical confines of a dock, gazebo or boathouse construction approved by the town.

(5)

Lawn mowing, trimming of vegetation, and other lawn maintenance activities which will not result in the clearance of shoreline vegetation.

(6)

All cleared or trimmed vegetation shall be removed from the lake and/or lakefront for off-site disposal. Any permit issued may be revoked by the town for violation or noncompliance with the provisions of said permit, these regulations, mistake of fact or conflict with other town county or state regulations.

(7)

The changing of any shoreline by digging or adding fill, which alters or changes the shoreline or existing topography of the shoreline or waterfront of any water body within the town shall be prohibited, unless done in accordance with an approved shoreline alteration permit. A permit shall also be required to pump or withdraw sand or any other material from lake bottoms.

(8)

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

(h)

The county boat ramp ordinance applies to any construction or alteration of private boat ramps in town. However, boat ramp construction and alteration of private boat ramps is allowed only if approved by permit issued by the town upon authorization from the town council.

(i)

Liberal construction. The provisions of this article shall be liberally construed to the effect of its purpose.

(Ord. No. 91-6, § 3(5.06.03), 2-11-1992; Ord. No. 94-2, § 1(g), 2-8-1994; Ord. No. 2015-03, § 1, 4-14-2015)