§ 4.01.14. Procedures

A.

Generally

A Natural Resource Permit shall be applied for and reviewed pursuant to the Procedure for Issuance of Development Permits at Section 10.01.00, subject to the following:

1.

For any parcel containing a wetland or natural body of water, no permit shall be issued until the application has also been reviewed and approved by the EPC. The Administrator shall transmit a copy of an application to the EPC for review when the Administrator determines upon receipt of a complete application and with the aid of the Hillsborough County Soil Survey and an aerial photograph that a wetland or natural body of water potentially exists on the site for which a permit is requested or immediately adjacent to the site.

2.

To review an application, the Administrator and, when appropriate, the EPC, shall conduct on-site inspections, except in cases where adequate information is available to preclude an onsite inspection.

3.

Where trees are located within the area where land alteration and construction activities are proposed, the rights-of-way or centerlines of proposed roads, the corners of proposed buildings, and the locations of proposed stormwater retention or detention basins, man-made lakes, areas that require fill, and other improvements shall be rough staked upon submittal of the application and prior to any on-site inspection. If, upon inspection, roads, buildings, fill areas, and other improvements have not been identified, the review shall be suspended until these preparations have been completed.

4.

Upon review of the complete application and recommendation by the Administrator and, when appropriate, the staff of the EPC, the Administrator shall approve, approve with conditions, or deny a Natural Resources Permit based upon whether the proposal is in compliance with the Natural Resources Regulations and is necessary for one or more of the following reasons:

a.

To remove unhealthy or damaged vegetation.

b.

To remove vegetation causing damage to public or private property and for which there is no other remedy.

c.

To remove vegetation interfering with the installation or function of solar energy equipment.

d.

To remove vegetation resulting from a previous site disturbance and creating an unsightly or undesirable condition.

e.

To transplant any tree with a DBH of five inches or greater which can feasibly be transplanted.

f.

To construct improvements consistent with proper development or proper physical use of a lot or parcel pursuant to the requirements of this Code.

g.

For access to a lot or parcel or construction equipment access to and immediately around proposed structures or other improvements.

h.

For essential grade changes or essential surface water drainage or utility installations.

i.

To comply with other ordinances, regulations, or codes of Hillsborough County.

j.

For the welfare of the general public for reasons other than those set forth above.

5.

In the event the Natural Resources Permit is denied, the Administrator, upon making such determination, shall notify the applicant in writing stating specifically the reasons for denial.

6.

The Natural Resources Permit shall not be issued until protective barriers have been erected around all trees to be retained within the area where land alteration or construction activities are to occur and, where required, around other vegetation to be preserved. Protective barriers shall remain in place until land alteration and construction activities are completed, or until commencement of grade finishing and sodding.

7.

The Building Permit, if required, shall not be issued until the Administrator has issued a Natural Resources Permit, if required.

8.

A Natural Resources Permit issued for a subdivision project shall limit land alteration activities to approved fill areas, road rights-of-way, and drainage and utility easements and rights-of-way, unless otherwise authorized. A separate Natural Resources Permit shall be required to undertake land alteration activity on individual subdivision lots containing trees or other vegetation, except on those lots for which a Master Subdivision Landscaping Permit has been issued.

9.

If appropriate, the following requirements shall be addressed through permit conditions:

a.

Hauling of excavated material shall not adversely impact public roads and bridges located along the haul route. The Administrator shall require the owner of the land from which material is to be excavated to construct a paved exit/entry apron at the point of access to a public road if such an apron is needed to protect the road from damage.

b.

Trucks hauling excavated material on a public road shall be covered and their tailgates securely latched to minimize dust. The owner of the land from which material is being excavated shall maintain in a satisfactory condition any dirt road segment of the designated haul route.

c.

The Administrator shall impose reasonable restrictions on the hours and days of hauling operations when such restrictions are necessary to protect the public health, safety and welfare.

B.

Submittals

The application for a Natural Resources Permit shall contain information as prescribed in the Development Review Procedures Manual, Section 4.1.6.

C.

Permit Compliance

1.

A copy of the Natural Resources Permit shall be posted onsite during land alteration activities.

2.

The Administrator may conduct periodic inspections of the site to determine compliance with the Natural Resources Permit.

3.

No Certificate of Occupancy, if required, shall be issued until the Administrator has determined upon final inspection that the land alteration activity was undertaken according to the approved plan and the Natural Resources Permit, if required. The Administrator's final inspection may be replaced by the self certification process set forth in the Development Review Procedures Manual Section 4.1.6.

The Administrator will conduct periodic audits of self certification documents and inspections. Any contractor or engineer found certifying a residential lot not worthy of certification will have his privilege to self certify revoked for one year. It is the responsibility of the contractor or engineer providing the certification to correct any deficiencies.

4.

Any tree planted in accordance with these regulations shall be replaced by the current property owner if the tree dies any time within two years after planting. DBH inch-for-inch replacement shall be provided.

D.

Permit Duration and Extension

A Natural Resources Permit shall be effective for a period of two years after issuance unless otherwise specified on the permit. A two-year permit extension may be granted by the Administrator within 30 days after receipt of a written request indicating why an extension is necessary and upon the Administrator's review of the project's work schedule, progress and compliance with the Natural Resources Regulations. Any permit not used within the prescribed time limit shall become void and future work shall require a new application.

(Ord. No. 01-26, § 2, 9-12-01; Ord. No. 14-34, § 2(Exh. A), Item B-2a(14-0864), 10-23-14, eff. 10-29-14)