Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-22 - LAND PLANNING REGULATIONS FOR THE APALACHICOLA BAY AREA OF CRITICAL STATE CONCERN - FRANKLIN COUNTY › Section 28-22.400 - Partial Removal of Lands Designated within the Apalachicola Bay Area of Critical State Concern (ACSC)

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section   380.0555(4), F.S. (1993), the
				  Administration Commission hereby determines that the City of Carrabelle's and
				  Franklin County's local land development regulations and local comprehensive
				  plans, and the administration of such regulations and plans, are adequate to
				  protect the Apalachicola Bay Area, continue to carry out the legislative intent
				  set forth in Section   380.0555(2), F.S., and are in compliance with the
				  principles for guiding development set forth in Section   380.0555(7), F.S.
				  Accordingly, the City of Carrabelle and other lands within Franklin County as
				  described in Section   380.0555(3), F.S., with the exception of the City of
				  Apalachicola, are hereby removed from the area of critical state concern
				  designation, subject to the following conditions:
1) the Apalachicola Bay Area Resource
				Planning and Management Committee shall remain in place, and shall meet at
				least quarterly to monitor the administration of the comprehensive plans and
				land development regulations by Franklin County and the City of
				Carrabelle;
2) for one year
				following the effective date of this rule, Franklin County and the City of
				Carrabelle shall continue to render within five days after issuance all
				development orders and building permits to the Department of Commerce
				(Department) for review;
3) the
				Department shall continue to review development orders and building permits,
				conduct on-site inspections, and prepare semi-annual status reports to the
				Administration Commission to ensure continued compliance by Franklin County and
				the City of Carrabelle with the approved comprehensive plans and land
				development regulations; and
4) at
				the end of the one year monitoring period, The Department shall prepare a final
				report to the Administration Commission with a recommendation as to whether any
				further action by the Commission is necessary.
The City of Apalachicola will remain designated as the
				  Apalachicola Bay ACSC for at least two years from the effective date of this
				  rule, subject to the following conditions:
1) the City of Apalachicola must complete a
				wastewater treatment plant design and submit it to the Department of
				Environmental Protection (DEP) for approval;
2) the City of Apalachicola must submit a
				construction permit application for approval to DEP to upgrade and/or eliminate
				the existing discharge from the City's wastewater treatment plant;
3) the City of Apalachicola must submit an
				application for a wastewater treatment system operations permit to DEP for
				approval; and,
4) the City of
				Apalachicola must develop and adopt a rate structure that is sufficient to
				cover operation, maintenance, and replacement costs of the wastewater treatment
				system. The rate structure should be calculated in a manner comparable to the
				user charge system required by the State revolving loan program. In addition,
				the Department of Commerce must submit semi-annual reports to the
				Administration Commission on the City's status of accomplishing the above
				tasks. The Department will continue to receive and review development permits
				issued by the City of Apalachicola and will continue to submit land development
				regulations and comprehensive plan amendments to the Administration Commission
				for approval by rule with respect to the City of Apalachicola, and the Resource
				Planning and Management Committee shall continue to carry out all of its
				responsibilities pursuant to Section   380.0555(7), F.S.
Rulemaking Authority  380.0555(4)  FS. Law Implemented
					  380.0555,  380.0555(7), (12)  FS.
New 9-13-93.