§ 12.05.01. Permitting procedures.

The following procedures shall be adhered to by persons desiring to construct a new dock or add to, alter or remodel, or reconstruct an existing dock:

A.

Persons desiring to construct a new dock or substantially renovate an existing dock to the extent of reconstructing more than 50 percent of the existing structure or constructing an addition that would increase the structure by more than 30 percent shall apply for and obtain approval from the town and a permit from the county.

B.

Each applicant shall designate the location of his property on the bayou permit application map and must complete any town application form(s) as may be provided for this purpose.

C.

Application shall be made by filing with the town. Any town permit application form and a copy of the joint application form used by the United States Army Corps of Engineers, the Florida Department of Environmental Protection, shall be completed by the applicant. Such applications shall contain:

1.

A scaled plat map showing location of proposed construction and/or renovation.

2.

A scaled drawing of the proposed construction and/or renovation specifying the general dimensions and types of materials to be used.

D.

A building permit shall be obtained from the County after obtaining approval from the town.

E.

If the dock is to have more than two slips for commercial use or for use by persons other than the owner, the applicant/owner shall supply a certified copy by the Okaloosa County Tax Appraiser of all names and addresses of owners of adjacent waterfront property.

F.

The local planning agency shall review the application within 30 days of receipt of a complete application. The town council shall take final action on the application within 30 days of receipt of the LPA's recommendation.

G.

All dock and seawall approvals issued by the town shall be valid for a period of one year from the date such approval is granted. Existing approvals expire one year from the date of issuance.

H.

Applications for permission to construct any structure shall be submitted on forms provided by the town.

I.

The application must be signed by the title of record owner(s) or any long-term lessee of the abutting upland property.

J.

Shorelines shall require protection from erosion as determined by the town.

K.

A net positive environmental benefit (NPEB), may be required by the town or the regulatory agencies equal to up to 25 percent of the project valuation. If a NPEB is required, it shall be made within the bayou by the permittee prior to completion of each construction project authorized.

L.

No permit shall be authorized by the town until the applicant obtains all authorizations and permits from federal and state agencies.

M.

All applicants shall apply to the town and must receive preliminary approval for the proposed construction prior to taking any other action. Preliminary approval shall be considered for issuance by the town council after review and recommendations of the LPA. If the application is for joint ownership of a dock, the applicant must obtain written permission from all title of record owners and long-term leases of the abutting upland property. Upon approval of all appropriate federal and state agencies, final approval from the town council shall be obtained before a permit is issued.

N.

The following procedures shall apply to transferring permits:

1.

The permit is not transferable without the written consent of the town which consent shall not be unreasonably withheld. The town council shall determine transferability.

2.

Whenever, during a construction project, a permittee transfers title of record to the abutting upland property or leases that property by long-term lease, a request by the original permittee shall be made to the town to transfer the permit. Forms for this purpose may be obtained from the town. Failure to apply for such a transfer within 30 days from the date the abutting upland property is sold or conveyed by long-term lease will result in an additional fee being charged to the original permittee by the town.

3.

At the time of transfer, all construction shall be inspected for compliance with the town's minimum plumbing, electrical and structural requirements and for compliance with the conditions of the existing permit. All deficiencies shall be corrected prior to final transfer of the dock unless the new owner or long term lease holder agrees, in writing, to make the corrections within 30 days of the transfer.

O.

The permittee shall be responsible for personal injury or property damage which arises from construction and use of the project to the extent provided by common law.

1.

All owners of piers, docks and boathouses that have been constructed abutting town-owned property shall be required to purchase a liability insurance policy for the dock in the amount of $100,000.00 naming the town as co-insurer. Further, the owner will be required to sign a release statement in which he agrees to hold the Town harmless and indemnify it against any liability.

P.

The town shall retain the right to revoke any permit issued if the health, safety or welfare of any person or property is determined to be in jeopardy.

Q.

All town approvals granted under this section shall expire within six months from date of issue.

R.

Upon completion of a dock, or other structure requiring a construction permit, a final inspection shall be conducted by the town and county. After the final inspection is complete and the construction is approved, a certificate of occupancy will be issued which shall be a permanent permit for such dock or structure.

(LDC Ord. of 1-9-2014)