RESOLUTION 07-13

A RESOLUTION OF THE TOWN OF INDIALANTIC REQUESTING THAT THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RECOGNIZE MUNICIPAL ZONING LAWS AS PART OF ITS PERMIT PROCESSING REQUIREMENTS; OPPOSING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION’S ISSUANCE OF PERMITS WITHOUT CONSIDERING COMPLIANCE WITH LOCAL ZONING REGULATIONS

WHEREAS, the Town of Indialantic recognizes the importance of the Florida Department of Environmental Protection (FDEP) and the fact that it is instrumental in permitting and monitoring a wide variety of complex facilities that pose a potential environmental threat to the community; and

WHEREAS, the permitting of these facilities is also of significant public concern to municipal zoning jurisdictions; and

WHEREAS, the Town of Indialantic has been advised that the FDEP has processed and granted permits affecting real property located within municipal government jurisdictions; and

WHEREAS, while it is recognized under applicable law that municipalities have local zoning authority, the FDEP asserts that it is not required or authorized to consider local zoning authority when processing and issuing permits under the jurisdiction of the FDEP and that the FDEP only issues permits based on an applicant’s ability to meet the State’s environmental statutes and regulations; and

WHEREAS, the Space Coast League of Cities has adopted Resolution No. 2007-2 outlining concerns with regard to FDEP not recognizing municipal zoning regulations;

NOW, THEREFORE, BE IT DULY RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF INDIALANTIC, FLORIDA, AS FOLLOWS:

Section 1. FDEP Permitting Process in General. The Town of Indialantic hereby respectfully requests that the Florida Department of Environmental Protection recognize local zoning laws as part of its permit processing requirements.

Section 2. Effective Date. This Resolution shall become effective immediately upon adoption by the Town Council of the Town of Indialantic.

PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, THIS 19th DAY OF SEPTEMBER, 2007.

TOWN OF INDIALANTIC

_________________________

Robert L. Cochran, Jr.

Mayor

ATTEST: ___________________________

Laura Eaton, CMC

Town Clerk