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Chapter 15, Amended Article X Wetland Conservation Areas

Board of County Commissioners. Chapter 15, Amended Article X Wetland Conservation Areas. Presented by the Orange County Environmental Protection Division February 5, 2008. Presentation Outline. Purpose/History Conservation Ordinance Changes New Fee Creation Permit Streamlining

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Chapter 15, Amended Article X Wetland Conservation Areas

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  1. Board of County Commissioners Chapter 15, Amended Article X Wetland Conservation Areas Presented by the Orange County Environmental Protection Division February 5, 2008

  2. Presentation Outline Purpose/History Conservation Ordinance Changes New Fee Creation Permit Streamlining Summary Action Requested

  3. Presentation Outline Purpose/History Conservation Ordinance Changes New Fee Creation Permit Streamlining Summary Action Requested

  4. Purpose/History • Update certain terminology in the Conservation Areas Ordinance • Incorporate changes in state requirements • Establish new fee for exemption requests • Streamline permit process for small scale wetland impacts

  5. Purpose/History • Ordinance created in 1987 (Ch. 15, Art. X) • Major Components • Wetland Classification • Class I impacts must have public benefit • II and III allowed with appropriate mitigation • Wetland Mitigation • 2007 Fee Modifications (CAD and CAI)

  6. Presentation Outline Purpose/History Conservation Ordinance Changes New Fee Creation Permit Streamlining Summary Action Requested

  7. Conservation Ordinance Changes Proposed changes • Change references from the Planning Department and Director to the Environmental Protection Division and to the Environmental Protection Officer • Remove references to outdated wetland identification and delineation methodology and insert Chapter 62-340, Fla. Admin. Code, Delineation of the Landward Extent of Wetlands and Surface Waters, and Chapter 62.345.400(5) Fla. Admin. Code

  8. Conservation Ordinance Changes Proposed changes • Remove references to outdated Florida Fish and Wildlife Conservation Commission Listed Species Rule and insert Chapter 68A, Fla. Admin. Code • Modify exemption application title for clarity

  9. Conservation Ordinance Changes Public Input: • July 23, 2007 – Consultant/contractor discussion meeting • July 25, 2007 - Environmental Protection Commission • December 20, 2007 - Local Planning Agency

  10. Presentation Outline Purpose/History Conservation Ordinance Changes New Fee Creation Permit Streamlining Summary Action Requested

  11. New Fee Creation Binding Determination of Exemption Application Fee • Same process as recently approved fees for CAD’s and wetland permits • This new fee covers staff and administrative costs associated with processing and researching a request for a Binding Determination of Exemption. • Cost accounting amount $588.42 • Requesting $588.00

  12. Presentation Outline Purpose/History Conservation Ordinance Changes New Fee Creation Permit Streamlining Summary Action Requested

  13. Permit Streamlining • Current Permit Process • Class I to BCC (Public Hearing) • Class II & III issued by staff • Requirements of Ordinance • Expedite permit process by not requiring public hearing for certain impacts

  14. Permit Streamlining Proposed Process Changes: May acknowledge public benefit or feasible use criteria if Class I impact is for: • Outfall stormwater pipes • Access roads to upland (w/no other option) • Restoration projects

  15. Permit Streamlining Proposed Process Changes: May allow minor modifications to permits if they meet the following criteria: • Net reduction in impact; • Additional impact not exceeding .5 acre and meets recommended criteria

  16. Permit Streamlining Not Included: Class I impacts for: • Lots • Subdivision roads where uplands can be used for access • Stormwater ponds

  17. Permit Streamlining Not Included: • Impacts in Econ/Wekiva Protection Areas • Enforcement cases • Permit modifications > .5 acre or do not meet recommended criteria These items would still go through public hearing process.

  18. Presentation Outline Purpose/History Conservation Ordinance Changes New Fee Creation Permit Streamlining Summary Action Requested

  19. Summary • Changes to Chapter 15, Article X, Wetland Conservation Areas • Fee for Binding Determination of Exemption • Permit Streamlining Process

  20. Presentation Outline Purpose/History Conservation Ordinance Changes New Fee Creation Permit Streamlining Summary Action Requested

  21. Action Requested Approve draft revisions to the Wetland Conservation Areas Ordinance, adopt procedural changes regarding permit issuance and creation of an application fee for Binding Determination of Exemption

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