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HomeMy WebLinkAbout2002 04 08 Regular K Information on Boat Docks COMMISSION AGENDA (REVISED) Consent Informational Public Hearing Regular X ITEM K March 25, 2002 Meeting M~ttor l ~. Au onzatlOn REQUEST: The Community Development Department requests the City Commission receive information about boat docks, PURPOSE: The purpose of this agenda item is to provide a status report to the City Commission on an October 16, 2000 report prepared by the consulting firm of Breedlove, Dennis and Associates, Inc. and to approve a scope of services proposal to do additional work, along with the recommended changes to the code. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3167(11), F.S" which states, "Each local government is encouraged to articulate a vision of the future physical appearance and qualities of its community as a component of its local comprehensive plan. The vision should be developed through a collaborative planning process with meaningful public participation and shall be adopted by the governing body of the jurisdiction, " CONSIDERA TIONS: 1. In August 1999, the City Commission authorized the City Manager to engage consultants to review the City codes related to wetlands, conservation areas and docks and prepare amendments to the code if necessary, CDDlMarch 27, 2002/9:09 AM March 25,2002 REGULAR AGENDA ITEM K Page 2 2. Breedlove, Dennis and Associates, Inc. completed its research and summarized its findings concerning wetlands, conservation areas and boat docks in a workshop on October 16,2000, 3. On November 13,2000, the City Commission directed the consultant to provide a scope of services for additional services, complete with prices, 4. On February 25, 2002, the City Commission requested that staff investigate the status of the research concerning boat docks. FINDINGS: 1, In an October 16, 2000 workshop, Breedlove, Dennis and Associates, Inc. presented a detailed report, which outlined the results of a review of City ordinances related to wetlands, conservation areas, threatened or endangered species, species of special concern and their habitats and boat docks. 2. On November 13,2000, the City Commission considered Regular Agenda Item "B" to decide if the October 16,2000 report prepared by Breedlove, Dennis and Associates, Inc. was acceptable as presented or if additional work was required. 3. The consensus of the City Commission was to direct the consultant to prepare a scope of services complete with prices to develop additional data on boat docks and bring the matter back to the Commission. STAFF RECOMMENDATION: Staff requests the City Commission receive data on the status of the Breedlove, Dennis and Associates, Inc. effort in connection with boat docks and approve a scope of services dated March 18, 2002 (Attachment B). ATTACHMENTS: A. Breedlove, Dennis and Associates, Inc. scope of services B. Discussion outline for workshop on October 16,2000 COMMISSION ACTION: CDD/March 27, 2002/9:09 AM .. ATTACHMENT A BDA ENVIRON~lENT..IL CON:,L.I.TAN'I':, March 19, 2002 File: 99126-20.1 Mr. Charles Carrington City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708-2799 Phone: 407-327-5970 Fax: 407-327-6695 lill: Proposal to Assist the City of Winter Springs Modifications and/or Amendments to Adopted Ordinances for Boat Docks Dear Charles: Pursuant to your request, Breedlove, Dennis & Associates, Inc. (BOA) is providing the following proposal to assist the City of Winter Springs with revising or amending adopted ordinances and to assist with drafting language for new ordinances regarding boat docks within the city limits. The general scope of our services will include a review of current codes relating to boat docks for both the City of Winter Springs and other municipalities and counties in central Florida. Based on that review, a workshop would be scheduled with City of Winter Springs personnel and with city commissioners to review possible modifications-to-existing---- ordinances and potential amendments to these ordinances. A public hearing would also be scheduled and the suggested changes presented with public participation and comment. Drafts of the proposed changes would be provided for final discussion, modification, and approval. Our services under this contract are not intended to duplicate permitting requirements of other federal, state, and local governments, but to maximize the City of Winter Springs protection for its natural resources not addressed elsewhere in government codes or permitting regulations. We propose the following workscope for our services. I':IADMINII'IWJECTSI'J'J 12(,II'I{()I'OSALICARRINGTONIBOtl T,DOC IIIUTI )1.1 lVI:, I )I::"':~I" 0: ,1-;-;( I( :1:1'1'1':-;,1,'1:. ; ;,\ 1\': (::\,' "I 1:'-: :\\'1.:"':1 d', 1\:'1:-: II:I( 1':\1\1;, 1.1. ;.:>-' 1'1 I( ),'<1-. '1~'7.l,.i~'.I.l.\..).: L\\ .1..'~.II)~'.~\\h, ,~ BDA ENVIRONMENTAL CONSULTANTS Mr. Charles Carrington March 19, 2002 Page 2 o Task No.1 - Review of Existing Ordinances We will review the existing City of Winter Springs ordinances related to boat docks and mooring defined by our previous experience. We will also contact other municipalities and government agencies to obtain model ordinances and local ordinances from which to formulate modifications. These other contacts may include, but not be limited to, the American Planning Association, Urban Land Institute, League of Cities, Seminole County, Orange County, City of Sanford, City of Orlando, and City of Altamonte Springs. Other contacts may be made as directed by the City of Winter Springs. Upon completion of this data collection and review, we will formulate proposed changes to the existing city ordinances and recommend options for amending the adopted codes. o Task No.2 - Progress Review Workshop A workshop will be scheduled to present recommended options. These options will have been developed based on our review of other ordinances from other municipalities. The goal of this workshop will be to define the ordinances to be modified or amended to provide additional protection for the City of Winter Springs. o Task No.3 - Preparation of Proposed Ordinance Amendments Based on infom1ation and comments received during the Progress Review Workshop, a draft of the proposed ordinance amendments will be prepared and submitted to the City of Winter Springs. o Task No. 4 - First Commission ,M~cting_(Publi~,---lI:cltring.O;'irst R~'lliing~C Onlin_~I1_c~c' Amendments) We will coordinate with the City of Winter Springs to present recommended modifications of city ordinances during the regularly scheduled public meeting with the City Commissioners. BOA will make a presentation and answer questions during this hearing, as necess'ary. Any necessary rev'isions to the proposed ordinance amendments will be made, and a final draft will be submitted to the City of Winter Springs. 1':\ADrvlIN\I'ROJ ECTS\')<) I 26\I'ROI'OSA L\CARRINGTON\IJOAT.DOC \ BDA EN \' [IZ\.Y\!.\1 E".lT..\ L U )\,SU LT..\\'TS Mr. Charles Carrington March 19, 2002 Page 3 o Task No.5 - Second Commission Mcctin~ (Final Rcading and Adoption of Ordinance) A final public meeting with the City Commissioners will be scheduled to approve recommended changes to the city's ordinances protecting natural resources. We will attend this meeting to answer questions and provide a presentation, as necessary. o Task No.6 - RCQuested Scrvices Work related to tasks above and beyond the scope of services provided herein will be conducted on a time and materials (T &M) basis pursuant to your authorization. Cost of Services and Invoicing Dr. W. Michael Dennis and Ms. Penny E. Cople will attend the workshop and meetings representing BOA. The anticipated costs for each task have been outlined below for your review. However, the actual costs for the completion of each of these tasks may be more or less than the estimated costs provided for each task below. The total contract amount will not exceed $6,200, without prior authorization in the event additional meetings or tasks are assigned. Billing will be on a not-to-exceed basis for Task Nos. I through 5 in accordance with the enclosed Schedule of Professional Fees and subject to the attached Terms and Conditions as identified on the following table. Billing for any additional authorized tasks not included in this proposal will be on a T &M basis. We have also provided a box for each step in this process for your approval. If yo'u accept our proposed services, please check those tasks that you will need. We will work from a purchase order from the City of Winter Springs, if required. , . Task No. Description 'Estimated'" Costs o Task No. I Review of Existing Ordinances $2,500 o Task NO.2 Progress Review Workshop $500 o Task No.3 Preparation of Proposed Ordinance Amendments $.1,500 .,.-..,.......... o Task NO.4 First Commission Meeting (Public Hearing/First Reading of Ordinance $[,000 Amendments) o Task No.5 Second Commission Meeting (Final Reading and Adoption of Ordinance) $1,000 1':\/\ DM INII'ROJ ECTSI')<) J 2('\I'ROI'OS/\ L\C/\ RRJ NGTON\IIO/\T.I)OC BDA I:NVIRONMENTAL CONSULTANTS Mr. Charles Carrington' March 19,2002 Page 4 Task No. . Description Estimated !' . Costs. -. o Task No.6 Requested Services T&M Space has been provided below for your acceptance of this proposal and your signature hereon will constitute a contract between us for the work. Please sign both copies and retum them to our office. A fully executed contract will be returned for your files Sincerely yours, Penny E. Caple, B.S. Senior Scientist B~S Director, Proposals and Contracts Accepted by: Charles Carrington" ,R0n~ld' W~ McLemore" :....:..Darc".' City ofWinter.Springs...:City:.Ma.nager:,.. ... ...... ...... " . W. Michael Dennis, Ph.D. President . .. -... ,H Breedlove, Dennis&Associates.;-lnc:....................,.,,,... Date PEC/BAB/tdm Enclosure I':\^ DM I N\I'ROJ ECTS\<)<) l2(i\l'ROI'OS^ LlC^RRI NGTON\lJO^T.DOC \ BDA ENVIRONMENTAL CONSULTANTS SCHEDULE OF PROFESSIONAL FEES Effective July 1, 1999 Position/Service Principal Senior Vice President Vice President Director of Ecological Services Senior Scientist Scientist IV Scientist III Scientist II Scientist I Envirorunental Specialist III Environmental Specialist II Environmental Assistant Technician Senior Geographic Information Systems (GIS) Analyst GIS Analyst rn GIS Analyst II GIS Analyst I GIS Specialist GIS Technician ~ Computer Aided Design Specialist Global Positioning System (GPS) Specialist MIS Specialist Word Processor Clerk PC Computer Time (AutoCAD, ArcCAD~ Workstation Computer Time (ERDAS, ARC/INFO~ Remote & Base GPS Each Additional Remote GPS Airplane Boats 12' wll Ohp 18' w/50hp V chicle CCD Camera System Hourly Rate ($) 185.00 175.00 125.00 105:00 95.00 90.00 85.00 75.00 65.00 65.00 55.00 45.00 30.00 .95,00 85.00 75.00 70.00 55.00 45.00 55.00 55.00 55.00 45.00 25.00 25.00 45.00 200.00/day IOO.OO/day 150.00 (wet) 55.00/day 0.50/mile I 00.00/day-1/2 day minimum Terms: Net 30 days. Unpaid balances will be subjed to interest at the rate of 1.5% per month or' the maximum pemlissible under state law, whichever is less, starting 30. days. {r()m. the.. . invoice date. Expert witness at 125% of schedule fees. O:\MARK ETING\FEESCHED\07.()1-99-FEE.DOC 111\1:1:1 )1.l)\lI':, I l1:NNI:;~, ,'\-;-;\ 1( :1/\ I'h, IN(:, \ ill \V (:/\,,,"I"( 1;'! ,\\11::\1 T \n:<'1 J:(, 1',\ IZf: , 1'1, ;c7,Q 1'11\ 1:\1: ,1\\7 (,n.!.-;,..;,: 1';\\I,\"'('';;';\\\'i ENVIRON:vtENT,\L CONSlII.TANTS BDA TERMS AND CONDITIONS I. Other support provided at the request of the Client or representatives of the Client including, but not limited to, team meetings, agency negotiations, public presentations, mitigation design, pe1ll1itting assistance, sufficiency responses or additional analyses not mentioned elsewhere in this Proposal will be billed on a time and materials basis according to the attached rate schedule. All requested services must be approved by the Client before additional support can be initiated. determination of BOA, upon written notice to Client; and may increase by 5% annually thereafter. 5. This Proposal to perforn1 services for this Project shall remain open for acceptance for a period of sixty (60} days from the date thereof, after which time BDA reserves the right to review, revise or withdraw its Proposal. 6. All information furnished by Client to BOA shall be returned to Client upon the conclusion of the Work unless 2. Unless specified elsewhere in the Proposal, the the same shall have been consumed or merged into the proposed costs constitute Breedlove, Dennis & Associates, Work. BOA may retain copies of any such information Inc. 's (BDA) estimate of the charges required to complete furnished to BOA by Client and BDA shall, in all events, the Project as defined. Final costs for this Project may val)' retain full possession and ownership of it's field and Project from the estimated costs. For riiariy projectS, all activities' notes and all other doc'urii'ents or:dat~'geI1e'rated; MtfSuhied' are often initially not fully definable. As the Project or merged into any reports, opinions, or applications progresses, the facts uncovered may alter the scope of work required in connection with the Project and the Work. and consequently the cost of completion. BOA.will inform_ _ _. . __. .... '.. ... the Client of such situations so that negotiations of change in 7. This Contract may be tenninated by either Party for scope and fees can be accomplished as required. reason or for no reason by giving thirty (30) days written notice to the other Party. Said notice shall be sufficient if it is delivered to the Party personally or mailed by certified mail to the Party's mailing address. Upon any termination under this paragraph, BOA will prepare a final invoice following the date of a final termination notice which date shall be the..."Effective Date of Termination." -:Where..the..... method of payment is based 01] time and materials, the final invoice will be based on rei n;b"u rsem-eriffo'r all "serv-ices'-and 7 expenses associated with the Project up to the Effective Date ofTennination. 3. BOA's fees are based on the actual time required by the individuals assigned to the Project task, plus reimbursable expenses. Reimbursable expenses mean the actual expenses incurred directly or indirectly in connection with the Project. Reimbursable expenses inc.lude, but are not limityd to long distance telephone calls, computer charges, living and travel out-of-town, inter-city travel, reproduction of reports, drawings and documents, and special fees. Client shall compensate the consultant for reimbursable expenses. Individual hourly \=ates. vary ac'cordingto the'degree of responsibility involved and the skill required. BOA will submit our bill for these services monthly. Payment is due upon submission. . 4. After January I, 2003, all hourly and daily rates quoted within this contract may increase by 5%, at the O:IMAR KETINGIFEI:SClI 1:1 )12002.T&C.DOC 8. Neither BOA nor Client shall be liable to the other for any damages whatsoever~aused by termination of this Contract or failure.to .pe.r:for.m under .this.Contract;.ox:cept- f-or... services actually performed and costs and comfTlitments actually incurred by BOA undcr this Contract, prior to the Effective Date ofTcrmination. In no event shall either Party be liable to the other for any other claim of direct, indirect,. . 1',1(1:1:1 '1.\ lVI:. 1 lLN:"!"; ,'-,. :\";";t I( :1.\ I'b. 1>;(:, \ it' \'(", (::\NT< I,,: ..\\'''-;-(' '1: \\'1.'-: I"I:!( 1'.\I(f:. 1:1. i.:>-J I'lll ):<1: .1t'7'(I~'i'.I;"';,""': ['..\.\' h'('.f'l/'~\\\" ENVIRONHENTAL CONSULTANTS BOA special, incidental, or consequential damages (including loss of profits) whether based on contract, tort, or another legal theory. 9. The Parties to this Contract agree to make the submission to mediation of any dispute or controversy arising out of this Contract, as set forth herein, an express condition precedent to any legal or equitable action or proceeding of any nature whatsoever. All disputes between the Parties to this Contract arising out of or in connection with this Contract shall be referred for mediation to a mediator who is a member of the Florida Bar in good standing, and who is mutually acceptable to all Parties subject to the dispute. Each Party to all disputes submitted for mediation shall pay an equal share of the costs and fees charged by the mediator. 10. The Client acknowledges that it has secured legal rights to the property upon which the project will be developed. The Client further acknowledges and agrees that the type of services to be performed by BDA arc covered under Florida Statutes 713.03 (Liens for professional services) and that the non-payment of fees owed under this Agreement may result in a mechanic's lien or other encumbrances being placed on the property upon which the project is/will be located. I I. This Contract shall be governed by and interpreted in accordance with the laws of the State of Florida, and the Parties expressly agree that any mediation proceeding, or any action at law or suit in equity, shall be instituted and maintained only in the Courts of Orange County, Florida, and each Party waives the right to change of venue. It is agreed by and between the Parties that this agreement was executed in the State of Florida, United States of America. In the event BDA retains legal counsel to enforce any of the provisions of this agreement, the Client agrees to pay all reasonable attorneys fees and any additional attorney.fees pursuing collection of this judgement. 12. This agreement, and any specified attachment, or exhibits attached constitute the entirc agreemcnt between O:\M ^ R K ETI NG\FEESCII ED\2002-T&C.DOC BDA and Client and all promises, representations, understandings, and agreements with the respect to the subject matter hereof and inducements to the making of this agreement relied upon by either Party have been expressed herein, and may not be altered, amended, or modified unless in writing executed by the Parties hereto. 13. Neither this agreement nor any interest herein may be assigned by the Client without BDA's prior written consent. No Party shall be liable for delay in the performance hereunder do to causes beyond their control, including, but not limited to, acts of God, fire strikes, acts of war, or the intervention of governmental authority, but any such failure shall be remedied as soon as reasonably possible. 14. Each Party executes this agreement as an independent contractor and nothing herein shall be construed to form a joint venture, partnership, or any similar form of association. 15. In the event of default by Client in the payment of any sum to BDA when due, or in the performance of any of Client's obligations under this agreement, BDA shall have the right to terminat~ this agreement, until such time as the default may be cured. Client shall reimburse BDA for all costs and expenses to enforce collection of any monies from Client. 2 , \ ATTACHMENT B ~ :; ':- jIG/U;;/UI) 1. G : 1 G 'O'~l)7 0:) ./ ;' \.' U .~) LJI{U::UUJVE DENN IS i7Doo~ \, \ 13DA ;::"....;,,(:.",\11:[',': :\L CUN~ULTI\NT:) OUTLiNE FOR WORKSHOP TO OISCUSS CITY ORDINANCES RELATED TO WETLANDS, CONSERVATION AREAS. TlHlliATENED OR ENDANGERED SPECIES AND SPSClES OF Sf>EClAL CONCERN AJ~D THEm HABlTATS, AND BOAT DOCKS A. Introduction Overview of scope of work completed by Breedlove, Dermis & Asso,:iatcs, loc. B. Ordinance Reyiew 1. Overview of existing rcdcrnl and state regulations relative t.) wetlands, eonscl>'.1rion areas (CAs), Threatened or Endangered (T&E) species and Species of Special Concern (SSe) and their habitats. and boar docks. . a. Department of tbc fumy, Corps ofEn!,;ineers (ACOE) b. U.S. Fisb o.nd Wildlife Service (USFWS) c. St. Johns River Water Management District (SJRWMD) d. Florida j:-isu and Wildlife Conservation Commission (FWC) 2. Overview of City of Winter Springs applicable ordinances. a. ComprchCllsi ve Plall (j 990-20 10) b. Chapkr 5 - Arbor Ordinance c. Chapter 8 - Flood Dam:lge Protection d. Chapter 20 - Zoning 3. Overview of other representative city/county ordinances. a. Seminole COUJ\l)' Lnnd Development Code b. Orange COWlly Code of Ordin::tnccs c. City of Orlando's Growth Management Plan d. Volusia COWlly Code of Ordinances 4. Overview of existing natuml rC:JOurces within the city of Winter Springs .,' C. Recommendations I. Do not duplicate cxistillI.; state and federal regulations in place for wetlands, CAs, T&E aiJ.d sse ane! their habitats. <\lId boat docks. 2. Consideration of udditioll<J.J ordinance development for the City of Winter SprinGS to target special City COllcerns related to wlique llumral resources prescnt withiu tile City tbat arc not ot!Jcrv.'ir,c addressed by the federal und stnte agencies. 3. Coordinatioll willi lhe sm, WMD slnff On a regular ba~is rCGardinl~ pending pCrIlllt applicalioll/; for proJect:; IOC;llcd within the city of Winter Springs. .-...... l':\'\J)MINU'/tOrECT<;\')'l I U,\r.ll\( ~(II f 11.1: II. 1 ,( I': J',i'! ; ! II . I','. . I II ;:: :1:; ,1.<, '\:):;',"1\ '."I/\,f1::-;. IN(: :\";:; .\'::1 ':1/\':;',:./ .' \,\'i::irl~I':\IO:,I'I. \11:;'J : .:: "., . / I '; ; '\.' " I :\ :', .: ~'} t.'; I . I( l~\:i x ~ (. ". ORANGE COUNI'Y CODE CHAPTER 15, ARTICLE IX. BOAT DOCK CONSTRUCTION "Cross reference(s)--Boats and water safety, ch. 8. State law reference(s)--Adoption of land development regulations, F.S. ~ 163.3194(2). DIVISION 1. GENERALLY See. 15-321. Short title. This article shall be known and may be cited as the "Construction of Boat Dock Ordinance." (Code 1965, ~ 36-181; Ord. No. 88-18, ~ I, 12-12-88) See. 15-322. Penalty for violations. Any person cited as being in violation of the provisions of this article shall be punished as provided in section 1-9 of the County Code. (Code 1965, ~ 36-188; Ord. No. 88-18, ~ 8, 12-12-88; Ord. No. 91-29, 9 2(Exh. A), 12-10-91) Sees. 15-323-15-340. Reserved. See. 15-341. Required. Any person desiring to construct a boat dock within this county shall first al'ply for a permit prior to the installation of the boat dock. Application shall be made to the county environmental protection department. A processing fee in an amoWlt which shall be determined from time to time by the board of county commissioners via resolution shall be paid at the time the application is submitted for review. Payment of such application fee shall in no way guarantee issuance of a boat dock permit, and such fee is nonrefimdable. No peIDlit application will be accepted unless there is a principal use established on the property. (Code 1965, ~ 36-182; Ord. No. 88-18, ~ 2, 12-12-88; Ord. No. 91-24, ~ 3, 11-5-91; Ord. No. 91-29, ~ 2(Exh. A), 12-10- 91) See. 15-342. Application. Application forms shall be available in the environmental protection department office. All applications shall indicate whether the proposed boat dock is foC' public or private use. If the proposed boat dock is for public use, approval of a special exception may be required through the board of zoning adjustment and the board of county commissioners. All applications must also include a sketch or drawing that provides accurate information as to all of the following elements: (1) An arrow indicating the northerly direction, an indication of the scale to which the drawing was prepared and the name of the lake; . DIVISION 2. CONSTRUCTION lPERMIT (2) The dimensions of the property, and the length and location of the proposed boat dock; (3) The exact distance between the existing shoreline, at the point where the dock is to be constructed, and a permanent object or construction (e.g., house, tree) to be used as a reference point; (4) The exact distance of setbacks from adjacent property lines, and an approximation of the distance from the closest boat dock on each side of the property; (5) Floor elevation of the proposed dock, and the floor and roof elevation of any boat house or other structure connected to the dock; (6) The depth of the water at the end of the proposed dock; (7) The normal high water elevation as established by the county; and (8) The existence of conservation easements, tracts and conservation areas. (Code 1965, ~ 36-183; Ord. No. 88-18, ~ 3, 12-12-88; Ord. No. 91-29, ~ 2(Exh. A), 12-10-91) Sec. 15-343. Review of application. The boat dock application shall be processed by the environmental protection department and the planning department under the following rules and regulations with additional review by the planning and zoning departments: (1) Boat docks shall have a minimum side setback from the projected property line abutting shoreline property of ten (10) feet, unless such requirement is reduced by an appropriate variance which shall be reviewed_ by the environmental'protectiondepartment with final approval granted by the board of countY commissioners, p"",. , n(?, :~, ....~ ORANGECOUNTVCODE (2) The permissible length of boat docks and other structures will be such as to assure that reasonable use by the owner will not interfere with the rights of other persons and property owners to use of, and access to, the lake. The length will be measured from the existing shoreline, with reference to a fixed object or structure on the lot. Consideration will be given to the length of other docks on the lake, and any policy that the board of county commissioners may have established by previous length restrictions. No'work should be done within areas which constitute easements for ingress or egress, or for drainage. Under no circumstances shall a permit for construction of a boat dock be utilized to construct any facilities to be used for residential purposes. (3) The minimum height of boat docks and shelters shall place them above the control elevation, or the high water elevation. The maximum height shall be thirteen (13) feet above the control elevation, or the existing elevation, provided that such height shaH not be such as would unreasonably obscure the view of other lakefront owners. (4) Upon receiving the application, the environmental protection officer shall send notices by certified mail to the owners of the shoreline properties abutting the property on which the proposed boat dock is to be located. In cases where the nature of. the shoreline is such that additional property owners will be affected, the environmental protection officer may send notices to these property owners as well. The environmental protection officer will also send notices and copies of the application to the Windermere and Conway Water and Navigation Control District Advisory Committees, where appropriate, and may notify other COWlty departments, agencies or governmental bodieS. All such notices shall require that written comments on the proposed boat dock be sent to the environmental protection officer within thirty (30) calendar days oftbe date of sending such notices. (5) Failure to return written comments within thirty (30) days shall be presumed to indicate that no objections . exist, provided that in cases where the notice is not received by the addressee, the environmental protection officer may make other reasonable efforts to notify the affected party. (6) Upon receipt of comments from all parties that have been notified, or upon the expiration of the thirty-day period for written comments, and following staff review of the proposed boat dock, the environmental protection officer shall approve, deny, or approve with conditions, the application. to construct the boat dock The decision of the environmental protection officer shall. be in writing, and shall indicate the date of the decision. Copies of the decision will be sent to the applicant, and by certified mail to those who previously filed written objections to the application. If no objections have been filed and the environmental protection _ . officer has approved the application~ the approval shall be effective immediately. (Code 1965, ~ 36-184; Ord. No. 88-18, ~ 4, 12-12-88; Ord. No. 91-29, ~ 2(Exh. A), 12-10-91) See. 15-344. Appeals from decisions of environmental protection officer. The applicant or parties who have previously filed written objections may, within fifteen (IS) calendar days of the decision of the environmental protection officer, file a written notjce of appeal with the environmental protection officer. If no notice of appeal is received within the fifteen-day period, then the prior ruling of the environmental protection officer shall be fmal. If an appeal is taken, such appeal shall be heard by the board of county commissioners at a regular meeting. Notice of the appeal will be provided to the applicant, and to -parties who have previously objected in writing. The board of county commissioners may affirm, reverse, or modify the decision of the environmental protection officer. The decision of the board of county commissioners on appeal shall be final. (Code 1965,936-185; Ord. No. 88-]8, ~ 5, ]2-12-88) See. 15-345. Building permit required. Following the approval of a boat dock application, the applicant is also required to obtain a building permit from the county building department prior to commencing construction. Construction must be commenced, or completed, or both, within the guidelines established by the building department. . (Code 1965,936-186; Ord. No. 88-18, ~ 6, 12-12-88) See. 15-346. Scope, effect of permit. The permit under this division shall not substitute for any permitting requirements of any state or federal agencies but shall be cumulative to any environmental permits. The board of county commissioners shall not permit any boat dock in any water body where state or federal regulations prohibit such installation. (Code 1965,936-187; Ord. No. 88-18, 9 7,12-12-88) Sees. 15-34T.~15-360. -Reseived~.