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HomeMy WebLinkAbout1968-016RE -SOLUTION NO. 68 - 16 A RESOLUTION PRESCRIBING PROCEDURES FOR PRO - 40 POSING CHANGES IN EXISTING BULKHEAD LINES ADJACENT TO OR OFFSHORE FROM LANDS OR ISLANDS LOCATED IN THE UNINCORPORATED AREA OF INDIAN RIVER COUNTY, FLORIDA, BORDERING ON OR BEING IN NAVIGABLE, TIDAL WATERS Or, THE COUNTY OR FOR PERMITS TO CONSTRUCT ISLANDS OR TO ADD TO OR EXTEND SUCH LANDS OR ISLANDS BY PUMPING SAND, ROCK OR EARTI I FROM SUCI I WATERS OR BY ANY ouiER MEANS. WHEREAS, this Board of County Commissioners of Indian River County, Florida, did, upon its own initiative, after due notice, public hearing and careful consideration of all factors Involved with a view to the protection of the public interest, on January 21, 1958, adopt a resolution locating, fixing and establishing a bulkhead line or lines adjacent to or offshore from existing lands or Islands bordering on or being in the navigable tidal waters of the county, as defined in Section 253.12, Florida Statutes, which said line or lines was formally approved by the Trustees of the Internal Improvement Fund of the State of Florida at Its meeting held on February 25, 1958; and WHEREAS, this Board thereafter did on September 6, 1962, and June 22, 1964, after due notice, public hearing and like consider- ation, adopt resolutions making certain changes in portions of said line or lines located in the unincorporated area of said county, which said changes were formally approved by said Trustees at meetings held, respectively, on January 29, 1963, and August 11, 1964; and WHEREAS, drawings showing the location of said bulk- head line or lines adjacent to or offshore from lands or islands located in the unincorporated area of Indian River County, Florida, bordering on or being in navigable tidal waters of said county, as so revised, are filed in the public records of said county and recorded in Plat Book 5 - 43 of said county; and C7 A RESOLUTION PRESCRIBING PROCEDURES FOR PRO- POSING CHANGES IN EXISTING BULKHEAD LINES ADJACENT TO OR OFFSHORE FROM LANDS OR ISLANDS LOCATED IN THE UNINCORPORATED AREA OF INDIAN RIVER COUNTY, FLORIDA, BORDERiNG ON OR BEING IN NAVIGABLE TIDAL WATERS OTT THE COUNTY OR FOR PERMITS-'I'O CONSTRUC'T' ISLANDS OR TO ADD TO OR EXTEND SUCH LANDS OR ISLANDS BY PUMPING SAND, ROCK OR EARTII FROM SUCH WATERS OR BY ANY OTHER MEANS, WHEREAS, this Board of County Commissioners of Indian River County, Florida, did, upon its own initiative, after due notice, public hearing and careful consideration of all factors involved with a view to the protection of the public interest, on January 21, 1958, adopt a resolution locating, fixing and establishing a bulkhead title or lines adjacent to or offshore from existing lands or islands bordering; oil or being in the navigable tidal waters of the county, as defined in ;flection 253, 12, f7 for Ida Statutes, whicir said line or lines was formally approved by the T ustee.s of the internal improvement Fund of the State of Florida at Its meeting held on February 25, 19511; and WHEREAS, this Board thereafter did on September 6, 1962, and Juane 22, 1964, after clue notice, Public; hearing and like consider- ation, adopt 'resolutions making, certain changes in portions of said line or lines located in the unincorporated area of said county, which said changes were formally approved by said Trustees at meetings held, respectively, on January 29, 1963, and August 1.1, 1964; and WHEREAS, drawijrgs Showing; the location of said bulk- head line or lines adjacent to or offshore from lands or islands located in the unincorporated area of Indian River County, Florida, bordering on or being in navigable tidal waters of said county, as so revised, are filed in the public records of said county and recorded in Flat Book 5 - 43 of said county; and 1 .. E Xi M. WHEREAS, said line or lines represent the line beyond � �2 v which a further extension creating or filling of lands or islands out-' ward into the waters of this county is deemed an interference with the servitude in favor of commerce, navigation and conservation of natural resources with which the navigable waters of this state are inalienably impressed; and, WHEREAS, the State of Florida, its agencies, political subdivisions and governmental units, and private persons, firms or corporations desiring to construct islands or to add to or extend existing lands or islands located in the Lill iicor porated area of Indian River County, Florida, bordering on or being in navigable tidal waters of the county, by pumping sand, rock or earth from such waters or by any other means, are required to make written applica- tion to this Board for a perunit auuthoriing si,ich construction; and WHEREAS, the Legislature of the: Stater of Florida by Sections 25:3. 122 and 253, 1,21, Florida Statutes, as., amended, has charged this Board with the responsibility for initially pasting upon (1) prolaosals ter cliange existing bulkhead lien v adjacent to oj) offshore from lsurds or islands located in dic unincorporated area of Indian River County, Florida, btfrdering on or being In navigable tidal waters of they county, subject to the approval of the Trustees of the internal Improvement I=und of the. State of Florida, who have: power to approve Or reject such change's, and (2) applications for permits; to construct islands or to add to or extend existing lands or islands in Such area bordering on or being in such navigable waters, subject to the- approval of the said Trustees, who have power to approve,reject, or issue permits; and WHEREAS, this Board did by Sections 3 to 6, inclusive, of its said resohetion of January 21, 1958, and by subsequent resolu- tion adopted July 3, 1963, prescribe certain procedures for rnakingy 2 D G AE Y 3 r application for permits to construct islands or to acid to or extend existing lands or islands located in the unincorporated area of the county bordering on or being in such navigable waters; and WHERIWAS, the Legislature of the State of Florida, the Trustees of the Internal Improvement Trust I"Und and the. Florida State Board of Conservation have imposed certain new and additional'. requirements upon proposals to slake changes in existing bulkhead lines and upon applications for permits to construct islands or add to or extend lands or islands bordering on or being in navigable tidal waters; and WHEREAS, this Board desires to revise and clarify the procedures for making such applications, insofar as the same pertain to unincorporated areas of the county within its jurisdiction, in order to fulfill these new and additional requirements; NOW THERE FORE, BE IT RESC7IXUA3 by the Board of County Commissioners of Indian River t:;ounty, Florida: APPLICATIONS Iii RIPARIAN OWNLltS TO CIiANGI; EXISTING BI_ I-KHh"AD LAM S. Section i, 1. Any riparian owner, other than this Board of County Cori) ntissioners of Indian River County, 1,'Iorida, proposing any change it, the existing bulkhead line or lines adjacent to or off- shore from lands or Islands located in tine unincorporated area of said county and bordering on or being In the navigable tidal waters of the State of Florida, is defined In Section 253. l2, Florida Statutes, shall make written application therefor to this Hoard and file the same with the County Administrator of this county. Section 1:.2. The application shall s(?t forth the names and addresses of the applicants, a legal description of tine land owned. by such applicants in the area and vicinity of the bulkhead line or lines proposed to be changed, and legal descriptions of the bulkhead line as 3 It exists and as it is proposed to be changed. The application shall be personally signed by each applicant and shall contain an express undertaking; by each to be jointly and severally liable for paying; or reimbursing the county for all proper costs or expenses incurred by this Board in connection with said application. The application shall be accompanied by four (4) prints of a map prepared by a land surveyor or civil engineer, registered in the State of Florida, showing the previously established bulkhead line and the line as proposed to be changed in relation to the approximate line of mean high water of the nearest upland, [7. S. survey sections, townships and ranges, limits of platted subdivisions and referenced to established upland landmarks or corners sufficiently accurate for same to he platted on other maps of the affected area. Section 1.3. The County Administrator shall promptly transmit a certified copy of the application and map to the State Board of Conservation and request said Board to officially advise this Hoard whether or not a biological survey, ccolog ical :study or hydrographic survey is required in connection with ..such application, and, if so, the anticipated cost or expanse: of the same:. if said Ward of Conservation officially advises this hoard that any study or survey is necessary or rc luired, the applicant :-shall deposit with this Board a SUM sufficient to defray the estimated cost or expense of the same, and the County Administrator shall thereupon order the same from the State Board of Conservation. Section 1.4. upon receipt of and payment for the required or necessary stucgics or surveys from the State hoard of Conservation or upon receipt of official notification from said Board that no such study or survey is necessary or required in connection with such application, the applicant shall deposit with this Board a sunt sufficient to defray the cost or expense of giving notice: by publication i I and certified or registered mail of the time, place and date of a public hearing on the proposal before this Board and the cost or expense of procurring the attendance of an official court reporter at said hearing. Section 1. S. Upon receipt of such suns together with a report signed and dated by the Couaaty Tax Assessor: setting forth the names and addresses of each owner of riparian upland within one thousand (1, 000) feet (radial distance) from tale unit of shore affected by the proposed revision, as shown oil the latest county tax roll, the County Administrator shall give due notice of the proposal to change existing bulkhead line or liner by causing to be published once cacti week for three (3) consecutive weeks in a newspaper of general circu- lation published in the county a notice of the time, date and pitta; of a public hearing btxforc ibis ljo and oil such proposal and shall send a copy of such noticc by certified or registered snail to each of tile: said riparian owners in accordance with Section 25;3.1.22(5), Florida Statutes, as amended. Section 1.6. The public hearing before this Board shall be conducted according to tits: Administrative Procedure Act of Florida, Paris Il and lit (171orida Statutes 120. 20 - 120. 28 and 126. 30 - 1.20, 331). Section 1.7. Any rescilutiora by this Board adapting any proposed change in the existing bulkhead line or lines shall contain a legal description of the line as propose(] to he changed and shall be subject to tlae approval of tho Trustees of the Internal Improvement "frust Fund, who have the power to approve: or reject the sanic. The County Administrator shall promptly transmit to the said Trustees for approval or rejection: (1) a certified copy of any such resolutlon together with the linen, which shall have: inked thereon: "Approved this (iay of , A. I), 19 , by the Trustees of tine Internal Improve- ment Fund. 5 and two (2) prints of the plat defining the bulkhead line and showing; the same in relation to the approximate tine of mean high water of the nearest upland, U. S. survey sections, townships and ranges, limits of platted subdivisions and referenced to established upland landmarks or corners sufficiently accurate for same to be platten on other maps of the affected area; (2) an affidavit by the publisher with proof of publication of the notice of public hearing; (3) a transcript of all hearings concerning the revision or a report setting forth the source and nature of all objections submitted to the Board; and (al) a certificate evidencing that notices of the public hearing were mailed to required riparian owners in compliance with Section 253. 122(5), Florida Statutes, as amended. Section 1, ii. Upon the approval by the Trustee's of the Internal Improvement Trust bund of any proposed change in the bulk- head line or lines, a drawing showing the location of such changed bulkhead line or lines shall be promptly filed in the public records of Indian River County and r€^corded in the book of plaits of said County. PROPOSALS BY TI IIS BOARD TO C.lIANGF" I XISTING UJI_.KH AD LINES, Suction 1. 9. If this Board of County Commissioners of Indian River County, Florida, proposes any changes in an existing bulk- head line: that is subject to its jurisdiction, it will adopt a resolution setting forth: (1) a legal description of the land, if <my, owned by the county in the area and vicinity of the line proposed to be changed, and (2) legal descriptions of the bulkhead line as it exists and as it is proposed to be changed. At the expense of the County, tide County Administrator will: (t) obtain such maps, studies an([ surveys, as may be required; (2) give notice by publication and snail of public hearing; and (3) procure the attendance of a court reporter at said hearing . In all other respects said resolution will. (1) be processed 6 as an application filed under Section 1.1 of this Resolution, and (2) be subject to the provisions of Sections 1.1 to 1. 8, inclusive, hereof. APPLICATIONS FOR PERMITS TO CONS'T'RUCT ISLANDS OR TO ADD TO Olt EXTEND EXISTING LANTYS Olt ISLANDS. Section 2, 1. The Mate of 171orida, any of its agencies, political subdivisions or governmental ur°.ts ether than this Board of County Commissioners of Indian River County, Florida, and any pri- vate person, firm or corporation desiring to construct islands or to add to or extend existing* lands or islands located in the unincorporated area of said county bordering on or In the navigable waters of the State of Florida, as defined in Section 25:3. 12, Florida Statutes, by pumping sand, rock or earth from such waters or by any other means, shall make application in writing to this Board for a permit atuthoriZing such construction. Applications for permits involving lands or islands located within the territory of any municipality shall be made to the:: governing body of such municipality. :lection 2.2. The application shall sept forth the names and addresses of the applicants, a legal description of the land owned by such applicants in the: arca and vicinity of the proposed construction, and a legal description of the existing bulkhead lhic adjacent to or off- shore from such lanais. The appiication zsiall be accompanied by a plain or drawing showing the proposed construction, the manner in which said construction will be accomplished and the area from which any fill material is to be dredged, if the proposed construction is intended to be created from dredged material. The application shall be personally signed by each applicant and shall contain an express undertaking by each to be jointly and severally liable: for paying or reimbursing the county for all proper costs or expenses Incurred by this Board in connection with such application, if the proposed con- struction or dredging is wholly shoreward of apreviously established 7 bulkhead line which was fixed after consideration by the bulkhead authority of a biological survey and ecological study previously made by the State Board of Conservation or under its supervision In connec- tion with the fixing of such line, or If the proposed construction or dredging is wholly within lands or islands heretofore purchased from the Trustees of the Internal Improvement Trust Fund under Section 253. 12, Florida Statutes, and in the consummation of such sale the Trustees had before them a biological survey made by or under the supervision of the State Board of Conservation, the application shall so state and be accompanied by a certificate from the appropriate authority establishing such fact. Section 2.3. The application shall be filed with the County Administrator of this county and shall be accompanied by deposit of the minimum fee fixed by the State Board of Conservation for com- mencing the biological survey and ecological study required by law in connection with such application or the certificate described in Section 2.2 of this Resolution. Section 2. 4. Unless a certificate has been furnished from the appropriate authority establishing that no such surveys and studies are required, the County Administrator shall promptly transmit a certified copy of the application and plan or drawing to the State Board of Conservation and order from said Board the biological survey and ecological study required by law. The County Administrator also shall request the State Board of Conservation to officially advise this Board whether or not it deems a hydrographic survey of the area within which construction or dredging is proposed to be necessary and, If so, the estimated cost or expense thereof and of all surveys and studies required. The applicant shall promptly deposit with this Board a sum sufficient to defray the estimated cost or expense of all such Studies or surveys in excess of the minimum fee of the State Board of Conser- 8 vation previously deposited with this Board. Section 2.5. Upon receipt and payment for the surveys and studies required by law or deemed necessary by the State Board of Conservation, this Board will consider and determine all factors •e affecting the public interest, including whether the granting of such permit and the construction to be done pursuant thereto would inter- fere with the conservation of fish, marine and wildlife or other natural resources, to such an extent as to be contrary to the public interests, and whether the destruction of oyster beds, clam beds, or inarine productivity, Including, but not limited to, destruction of natural marine habitats, grass flits suitable as nursery or feeding (rounds for marine life, including; established marine soils suitable for pro- ducing plant growth of a types useful is nursery or feeding grounds for marine life will result therefr oni to such an extent as to be contrary to the public interest, In the evc nt the proposed extension, filling of land or dredging; is found by this hoard not to be violative of any statute, zoning law, ordinance or other restrictions which may be applicable thereto, or that no harmful obstruction to or alteration of tine natural flow of the: navigable waters as defined in Section 253, 12, Florida Statutes, within such area will arise from the proposed construction, or that no harmful or increased erosion, shoaling; of channels or stag- nant areas of water will be created thereby, or that no material injury or monetary damage to adjoining land will accrue therefioni, a permit shall he granted to the applicant, subject to the approval of the Trustees of the Internal improvement Thrust Fund, who have the power to approve, reject or issue permit,,. Section 2.6. No construction permit will be issued unless the proposed work is to be completed within three (3) years next after the date of issuance of such permit. Such time may be extended by the Trustees of the internal Improvement Trust bund for good cause 9 L A upon showing that all due efforts and diligence towards completion of said work have been made. The construction permit herein provided for may be revoked by the said Trustees for non-compliance with or for violation of its terms after notice and opportunity for hearing. Section 2.7. Neither this Resolution, nor the establish- s ment of any bulkhead line or lines, nor the granting of any construction permit shall operate to vest any right whatsoever in the upland owner or construction permit holder to remove sand, rock or earth from the navigable waters of the state, as defined in Section 253. 12, Florida Statutes, and the submerged bottoms thereof lying channelward of duly established bulkhead lines, unless a construction permit issued by this Board pursuant to Section 253. 124, Florida Statutes, and a permit Issued by the Trustees of the Internal Improvement Trust Fund pursu- ant to Section 253. 123, Florida Statutes, specifically permit such removal. APPLICATIONS BY TFIIS BOARD FOR CONSTRUCTION PERMITS. Section 2.8. If this Board of County Commissioners of Indian River County, Florida, desires to construct islands or to add to or extend existing lands or Islands located in the unincorporated area of said county bordering on or being in the navigable waters of the State of Florida, as defined in Section 253. 12, Florida Statutes, by pumping sand, rock or earth from such waters or by any other means, it will adopt a resolution setting forth the same Information that Section 2.2 hereof requires in the case of applications filed under Section 2. 1 hereof. At the expense of the county, the County Admin- istrator will obtain such plans, drawings, certificates, studies and surveys as may be required. This Board will then consider all factors affecting the public interest as set forth in Section 2.5 hereof. hi the event the proposed extension, filling of land or dredging; does not appear 10 to this Board to be violative of any statute, zoning law, ordinance or other restrictions which may be applicable thereto, or that no harm- • ful obstruction to or alteration of the natural flow of the navigable waters as defined in Section 253. 12, Florida Statutes, within such area will arise from the proposed construction, or that no harmful or increased shoaling of channels or stagnant areas of water will be • created thereby, or that no material injury or monetary damage to adjoining land will accrue therefrom, this Board will then make appli- cation in writing directly to the Trustees of the Internal Improvement Trust Fund for a permit authorizing the county to engage In such con- struction. APPLICATIONS TO OTHER AGENCIES WITHOUT PRIOR APPROVAL BY THIS BOARD. Section 3. 1. If the State of Florida, any of its agencies, political subdivisions or governmental units, or if any private person, firm or corporation makes application proposing any change in the existing bulkhead line or for a permit authorizing the construction of islands or the addition to or extension of existing lands or islands located In the unincorporated area of this county and bordering on or being In the navigable tidal waters, to any governmental agency prior to approval by this Board, where approval by this Board is required, such action shall constitute a disapproval by this Board of any such application, PROCEDURAL PROVISIONS OF PRIOR RESOLUTIONS SOPERSEDED. Section 3.2. The provisions of this Resolution supersede the provisions of all prior resolutions of this Board pertaining to the procedure for making applications to change existing bulkhead lines or for permits to construct islands or to add to or extend existing lands or islands. 11 W