§ 62-4481. Required; application.

(a)

A permit for excavation of a private lake shall be obtained from the director whenever the total acreage of all private lakes within a single parcel of land is greater than or equal to three-quarters of an acre, but no larger than ten acres, and all excavated material remains on the parcel of land. If excavated material is removed from the parcel of land, a land alteration permit must be obtained. A conditional use permit shall also be obtained from the board of county commissioners for excavation of a private lake whenever the total acreage of all private lakes within a single parcel of land is greater than five acres, but no larger than ten acres, and all excavated material remains on-site. No private lake permit shall be issued for excavations greater than ten acres in size. A private lake permit and the conditional use permit can be applied for at the same time. If the conditional use permit is denied, the private lake permit shall restrict the total acreage of all private lakes within a single parcel of land to less than five acres. Notwithstanding permitting requirements, the locational, vegetative and construction requirements of this division (sections 62-4456, 62-4457 and 62-4458) apply to all private lakes less than three-quarters of an acre in size.

(b)

A St. Johns River Water Management District permit for a stormwater management system may be presented to the county to fulfill the con-struction and vegetation requirements of this division. The St. Johns River Water Management District permit shall not be used to fulfill locational standards mandated by this division.

(c)

Unless specifically exempted in this division, it shall be unlawful for any person to excavate a private lake without prior issuance of a private lake permit pursuant to the following conditions. Prior to any construction of a private lake, the applicant shall submit a completed private lake permit application and the required fee established by resolution of the board of county commissioners. The form provided by the county shall, at a minimum, include the following information:

(1)

The name, address and telephone number of the owner or owners of the land for which the permit is requested shall be provided. If the applicant is not the owner, a notarized statement from the owner consenting to excavation of such a lake shall be attached to the application.

(2)

The name, address and telephone number of the person excavating the private lake shall be provided.

(3)

The application shall include the legal description and street address, if any, of the parcel of land for which the permit is requested, and a copy of the deed reflecting ownership of the land.

(4)

The application shall include a survey, sketch or other drawing of the land showing the property lines, right-of-way lines, easement lines, on-site sewage disposal systems, structures and private wells on the site, and wells and septic tank systems within 100 feet of the lake excavation.

(5)

The application shall include a site plan showing the location and size of the proposed lake, including required setbacks, and delineating the configuration of the planted littoral zone of the lake, and a cross sectional drawing generally oriented along the longer axis of the lake, referring to mean sea level datum, showing the original land surface, proposed depth of the excavation area, slope of the sides, and expected depth of the water in the lake at the completion of the excavation.

(6)

Where an artesian well is to be used to maintain lake levels, the elevation of the seasonal high-water table must be provided.

(Code 1979, § 14-113.2)