§ 24-48.5. Permit issuance; waiver of bonding requirements.

(1)

Issuance of a Department permit does not relieve the applicant from obtaining all required federal, State and local permits.

(2)

Following approval of a standard form permit application by the Board of County Commissioners or after submitting a short form application, a construction permit may be issued to the permit applicant and a contractor holding an applicable certificate of competency, provided:

(a)

Construction plans, calculations and specifications are submitted which have been prepared by an engineer or architect or land surveyor where applicable licensed in the State of Florida and which comply with the requirements of this Chapter and other particular conditions, including, but not limited to, requirements for riprap, and monitoring programs.

(b)

The permit fee has been paid.

(c)

A performance bond and a mitigation bond, if applicable, is posted in an amount determined by the Director or the Director's designee. The maximum amount of said performance bond shall be one hundred (100) percent of the estimated cost of the work or one hundred thousand dollars ($100,000.00) whichever is less. In the event the Director or the Director's designee determines that a performance bond is necessary, the performance bond shall seek to ensure compliance with terms of the permit and to protect the interest of the public and of landowners in the vicinity of the work. The Director or Director's designee may waive the performance bond if the Director or Director's designee determines that the proposed project is not expected to affect the interests of the public or landowners in the vicinity of the work and noncompliance with the terms of the permit will only affect the permit applicant. The Director or Director's designee may also waive performance bonds for work performed by utility companies, for work performed by governmental agencies pursuant to Section 24-48.8 of this chapter and for work approved under a short form permit application pursuant to Section 24-48.2(I)(A)(22) and (23).

A separate mitigation bond may be required by the Director or the Director's designee to be posted in order to insure that environmental enhancement features associated with the project and required by the permit are completed in a satisfactory manner. These include, but are not limited to, the placement of riprap, the replanting of mangroves or seagrass, the installation of sewage pumpout stations, the construction of public piers or shoreline walkways and the construction of artificial reefs. The maximum amount of said mitigation bond shall be one hundred (100) percent of the cost of the environmental enhancement features of the project. The required performance and mitigation bonds may be required to remain in force for up to six (6) months after the approved completion date of the work covered by the bond.

(d)

Evidence of ownership, a lease, or a consent of use is submitted or evidence of an easement is submitted by the applicant for the submerged lands upon which the proposed work in tidal waters will occur under a class I permit. For proposed work on submerged lands owned by a federal, state, county, municipal, or other governmental entity, evidence of ownership or a lease of the upland and a.) the written consent of the federal, state, county, municipal, or other government entity owning the submerged lands upon which the work is proposed or, b.) lease from the federal, state, county, municipal, or other governmental entity owning the submerged lands upon which the work is proposed, shall be required. Written consent shall be in a form prescribed by the Director or the Director's designee.

(3)

The Department may require inspections by a licensed engineer as part of the permit procedure. The engineer may be required to furnish a report to the Department a minimum of every three (3) months on the progress of the work and will produce appropriate drawings of record or other type of documentation as required by the Director or the Director's designee.

(4)

If the engineer who provided certification pursuant to Section 24-48.2(I)(B)(2) or pursuant to Section 24-48.2(II)(B)(4) is discharged by the applicant, or if said engineer ceases to work on the proposed or approved work, the applicant shall be required to obtain a new engineer who shall meet all the requirements of an engineer required by this article.

(5)

If the engineer who provided certification pursuant to Section 24-48.2(I)(B)(2) or pursuant to Section 24-48.2(II)(B)(4) is discharged by the applicant, or if said engineer ceases to work on work allowed under a permit, all work allowed by the permit shall immediately cease and shall not be resumed until a new engineer is obtained pursuant to the requirements of this article.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 07-175, § 2, 12-4-07; Ord. No. 08-55, § 2, 5-6-08; Ord. No. 12-58, § 5, 7-3-12)