Whenever an applicant for a building permit, zoning approval, variance or other approval
under this Chapter wants to change a previously determined normal high water elevation
or boundary, the applicant shall prepare and submit a written report containing a
proposed elevation or boundary and indicating the procedures used to determine such
elevation or boundary to the appropriate reviewing authority. This report shall include
the following:
Description of Water Body or Wetland.
A general description of the water body or wetland, including the location, existing
or proposed control structures, and an accurate description of the bench mark used.
Evidence of Changed Elevation or Boundary.
A summary of elevations or boundaries related to botanical evidence, physical evidence,
geomorphological evidence and water elevation records as defined in Section 63.281 (above) shall be submitted and certified by a Florida registered land surveyor. The
summary shall include elevation readings at no less than three different locations
to be used for projecting the normal high water elevation on lakes having a surface
area of ten acres or less and elevation readings at no less than five different locations
to be used for projecting the normal high water elevation on lakes having a surface
area of more than ten acres. At each location, elevations or boundaries should be
determined using as many of the previously described indicators as possible. Elevations
should be based on Orange County Datum and should be calculated to the nearest tenth
of a foot.
Review of the Application.
Upon acceptance and review of the report referred to herein, the reviewing authority
shall determine the normal high water elevation or boundary for a particular waterbody
or wetland. Review of determinations rendered hereunder shall follow and be subject
to the appropriate procedure, if any, applicable to the review of the original proceeding
from which the elevation or boundary determination arose (i.e., building permit application
procedure, zoning variance procedure, septic tank permit application procedure, etc.).
This Chapter shall not be construed to give rise to any right to an interlocutory
or intermediate appeal of the determinations of the reviewing authority.
