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.
