§ 24-48.9. Time of completion of work; extension of completion time and new permits for incomplete work.

(1)

All work authorized by a permit issued pursuant to this article shall be completed within the time periods set forth in the permit in accordance with the following schedule, unless another period of time is permitted as set forth in the resolution granting approval of the permit by the Board of County Commissioners:

Class I short form permits ..... 2 years

Class I short form permits for which a public hearing has been requested pursuant to Section 24-48.2(I)(B)(1) ..... 2 years

Class I standard form permits ..... 3 years

Class IV short form and standard form permits, including permits for which a public hearing has been requested pursuant to Section 24-48.2(I)(B)(1) ..... 5 years

Class I short form permits for trimming, cutting or any other alteration of mangrove tree(s) ..... 3 years

Class I short form permits for trimming, cutting or any other alteration of mangrove tree(s), for which a public hearing has been requested pursuant to Section 24-48.2(I)(B)(1) ..... 3 years

Class I standard form permits for trimming, cutting or any other alteration of mangrove tree(s) ..... 3 years

Class IV short form permits for rockmining ..... 10 years

Class IV short form permits for rockmining for which a public hearing has been requested pursuant to Section 24-48.2(I)(B)(1) ..... 10 years

Class IV standard form permits for rockmining ..... 10 years

Class II permits ..... 2 years

Class II permits for which a public hearing has been requested pursuant to Section 24-48.2(I)(B)(1) ..... 3 years

Class III permits ..... 2 years

Class III permits for which a public hearing has been requested pursuant to Section 24-48.2(I)(B)(1) ..... 3 years

Class V permits ..... 120 days

Class VI permits ..... 2 years

(2)

Extensions of time for completion of work being performed pursuant to a permit issued pursuant to this article may be granted by the Director or the Director's designee provided that:

(a)

The application for the extension of time is in a form prescribed by the Director of the Department of Environmental Resources Management and is accompanied by the fee for such application.

(b)

The application for the extension of time is filed in the form prescribed by the Director or the Director's designee with the Director or the Director's designee at least thirty (30) calendar days prior to the time of expiration of the time period set forth in the permit or in a prior extension of time. For Class V permits the application for the extension of time is filed in the form prescribed by the Director or the Director's designee with the Director or the Director's designee at least seven (7) calendar days prior to the time of expiration of the time period set forth in the permit or in a prior extension of time.

(c)

The Director or the Director's designee has determined that the applicant for the extension of time has affirmatively established by competent factual data and information in the application that:

(i)

There have been no substantial changes in the environment at the location of the work authorized by the permit occurring subsequent to the date of issuance of the permit or prior extension of time.

(ii)

Neither an adverse environmental impact nor cumulative adverse environmental impact will occur if the extension of time is granted.

(iii)

The work authorized by the permit as well as authorized under any prior extension of time has been performed, to date, substantially in accordance with the permit and any restrictions, limitations or conditions which are part of the permit.

(iv)

The applicant for the extension of time has agreed to any additional conditions, limitations or restrictions to the issued permit required by the Director or the Director's designee which are consistent with the approval of the Board of County Commissioners or, in the case of short form permits, consistent with the original approval of the issued short form permit by the Director or the Director's designee. In the case of rock mining, such conditions, limitations, or restrictions shall not reduce the deep mining area and volume previously permitted.

(d)

The requested time period for the extension of time when combined with all time periods previously approved for performance of authorized work pursuant to the original permit and prior extensions of time shall not exceed a total of twenty-five (25) years duration for rock mining and ten (10) years duration for all other work, unless another period of time is permitted as set forth in the resolution granting approval of the permit by the Board of County Commissioners.

(3)

Applications for extensions of time which are not timely filed pursuant to Section 24-48.9(2)(b) hereinabove shall be returned to the applicant. The applicant shall be required to file an application for a new permit pursuant to the provisions of this article to obtain the authorization to complete the previously authorized incomplete work. The fee for the new permit shall be based upon the nature and amount of the incomplete work.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08; Ord. No. 12-58, § 5, 7-3-12; Ord. No. 13-27, § 3, 4-2-13)