The purpose of the natural resources regulations is to set forth regulations regarding land alteration, the protection of soil and water, and the protection of environmentally sensitive areas, in order to maintain the quality of life in the City of Brooksville and protect the health, safety, welfare and general well being of the citizens of the City of Brooksville.

Wetlands contiguous to waters of the state, and non-contiguous and isolated wetlands serve important functions in the hydrologic cycle and ecological system and therefore require protection. It is the purpose and intent of this Section to provide for the protection, maintenance, and enhancement of wetlands within the City of Brooksville in accordance with the adopted comprehensive plan, recognizing the rights of individual property owners to use their lands in a reasonable manner as well as the rights of all citizens to protect and purify the waters of the City of Brooksville and their associated wetland ecosystems. Wetlands shall include natural water bodies, freshwater marshes, wet prairies, hardwood swamps and cypress swamps.

(a)

All development shall comply with wetland protection requirements of all federal, state and regional agencies having regulatory authority.

(b)

In order to properly identify and delineate wetlands prior to development, the City shall rely on the delineation of wetlands and surface waters by the Southwest Florida Water Management District (SWFWMD). This delineation shall be reproduced on construction plans which are submitted for review by the City. For other review purposes which do not specifically permit development, (e.g. rezonings, etc.) the areal extent of onsite wetlands shall be estimated and no delineation is required unless specifically required by the City.

(a)

Existing uses in wetlands may continue, but shall not be expanded unless they are explicitly allowed, permitted or exempted by the current SWFWMD regulations and/or as indicated in subSection (b) below. Existing silviculture in wetlands shall be consistent with "Silviculture Best Management Practices" published by the Florida Department of Agriculture, 1998.

(b)

New development which will have no significant impact on the net wetland functions will be allowed, including:

(1)

Water dependent uses as defined by 9J-5.003(137) F.A.C.

(2)

Walking trails or elevated wooden boardwalks designed to minimize disturbance to the wetland system shall be allowed to provide limited access for purposes of passive recreation or access to other portions of the site or adjacent waters which are otherwise inaccessible.

(3)

Insect control structures.

(4)

Temporary impacts associated with the installation of cables, conduits and pipelines that transmit electricity, communication signals, potable water, raw water, reclaimed water, domestic wastewater, propane gas, or natural gas.

(5)

Minor activities by FDOT, the City of Brooksville, and Hernando County within existing ROW or easements.

(6)

Exemptions listed in 40D-4.051, together with projects described in SWFWMD 40D-4.054, 40D-40.040, and 40D-400.

(7)

Environmental restoration, enhancement, and research uses.

(8)

Uses that require the dredging and filling of less than 100 square feet of wetlands.

(c)

Road crossings shall be allowed to access developable portions of the development parcel or if shown to be in the overriding public interest (e.g. as necessary local, collector or arterial road linkage). When allowed, road crossings shall occur at the narrowest practical point given the constraints of safe roadway design and shall provide for hydrologic connectivity and aquatic species movement.

Land alteration activity which destroys, reduces, impairs or otherwise adversely impacts a wetland or natural body of water shall be prohibited unless specifically approved by the above or by the SWFWMD. New lots shall not be created and/or platted that do not contain sufficient buildable upland areas in order to provide a reasonable use for the lot.

(a)

When wetlands are identified on a site and mitigation is not approved, new development (other than listed in Section 5-2.3 above) shall be clustered away from the wetlands on upland portions of a development site. Development densities/intensities may be transferred out of the undeveloped wetland areas on a one-for-one basis. However, the development density and intensity of the developed portion of the site shall not exceed 150 percent of the maximum density/intensity of the remaining uplands that would be otherwise allowed under the property's future land use designation.

(b)

If the extent of wetlands on an individual development parcel would prevent the use of the parcel as allowed by the future land use map designation and which meet the following applicable criteria, the following densities and intensities shall be allowed:

(1)

For wetland areas less than 20 acres, a single family residence that is not part of a larger plan of common development proposed by the applicant, including associated residential improvements such as a driveway, garage and an on-site sewage disposal system, not to exceed 6,000 square feet. Structures must be elevated when possible to minimize wetland impacts.

(2)

For wetland areas exceeding 20 acres, residential uses at a density of one dwelling unit per 20 acres.

(3)

Non-residential uses allowed by the future land use category when elevated above the wetland on pilings and having less than 1,000 square feet of floor space per acre.

(a)

Buffer areas shall be provided adjacent to wetlands. Buffers shall be a average minimum width of 25 feet beyond the perimeter of the wetland with a minimum width of 15 feet, excepting the point where permitted water conveyance facilities connect to the wetland. Buffers shall not be developed, cleared or landscaped in any fashion that would decrease their effectiveness in supporting wetland functions. Encroachment into the wetland buffers for the purpose of hydrologic connection of drainage systems and creation of mitigation areas shall require no further buffering compensation.

(b)

The City may require that upland buffers be extended beyond 25 feet if necessary to connect isolated wetlands with other protected wetlands existing within 100 feet, depending on the existence of listed species and habitat valuation. Greenways will be created when possible.

The purpose of mitigation is to offset environmental impacts. Mitigation activities approved by a federal, state or regional agency are supported by the City. However, the issuance of a permit by any other agency, with or without mitigation, does not exempt the development from the requirements and restrictions of this Article.

(a)

A generalized wetlands map is provided in the City of Brooksville Comprehensive Plan.

(b)

Wetlands that exist on a proposed development parcel shall be shown by the landowner/developer as a part of the construction plans submitted to the City for review of the proposed project. Additionally, this map must show the delineation of the upland buffer for projects which do not require a SWFWMD permit. For projects requiring a SWFWMD permit, the City shall require as a condition of development approval that wetland buffers shall be protected.

(a)

Isolated wetlands:

(1)

Development may incorporate isolated wetlands into stormwater management systems, provided that the stormwater runoff is pre-treated prior to entering any the wetland, so that the wetland is used for nutrient and volume attenuation. The City shall encourage designs which maintain the existing natural wetlands community, except where permitting agencies agree that the imposition of conditions which favor a different plant community are more desirable for the purpose of providing habitat, improving water quality or enhancing other wetland values.

(2)

The City shall request that the SWFWMD or a professional biologist comment and render an opinion as to whether the wetland has significant wildlife values based on the following factors:

a.

The extent to which the isolated wetland acts in concert with the broader regional landscape to provide both food web support and habitat for wildlife;

b.

The potential cumulative impacts to isolated wetland wildlife functions at a regional level;

c.

Individual wetland features that are important to wildlife;

d.

Whether the isolated wetland is used by endangered or threatened species or species of special concern; and

e.

The degree to which adjacent existing or planned development will affect the use of the wetland by wildlife.

If the biological evaluation indicates that the isolated wetland has significant and sustainable wildlife values, the wetland shall be afforded the same level of protection as all other wetlands. However, if the report indicates no significant and sustainable values, then the property's zoning designation shall be applied. This does not preclude the application of any regulatory requirements of other federal, state or regional agencies.

(b)

Wetland buffers. Buffer widths shall be a minimum of 15 feet excepting permitted water conveyance facilities, and may only be adjusted downward to below a minimum average of 25 feet on a case-by-case basis if the following conditions are present:

(1)

The developable portion of existing lots of record as of the date of adoption of this ordinance does not have sufficient size or dimensions to allow for a reasonable use of the property based on the property's zoning. In this instance, the remaining buffer shall be enhanced with native species to minimize development impacts.

(2)

The proposed development shall provide mitigation for reduction in standard by enhancing the functioning value of the wetland buffer area.

(c)

Degraded wetlands. If the SWFWMD indicates that a wetland (or a portion thereof) is severely degraded and has minimal restoration potential and that beneficial restoration or enhancement mitigation of another wetland would be achieved as a result of mitigation that allows some development in this degraded wetland (or portion thereof) then the property's zoning district designation shall apply. Mitigation shall be permitted with the first priority being mitigation on-site, the second priority being mitigation within the City limits, and the third priority being mitigation within Hernando County under City/county interlocal agreement.

The purpose of this Part is to ensure the protection of the quality of existing and future public potable water supplies in the City of Brooksville through the establishment of well head protection areas (WHPA) around public potable water supply wells and the setback prohibition or regulation of specific activities and facilities in these areas.

A well head resource protection area map is provided in the City of Brooksville Comprehensive Plan and consists of the delineation of well head protection areas. Zones around public potable water supply wells that meet the criteria of a public potable water supply well are designated as well head protection areas to protect the quality of existing and future potable water resources. The well head protection areas for the City of Brooksville are designated on the City of Brooksville well head protection areas map in two zones: Class 1 - Potable Water Protection Impact Zone and Class 2 - Public Potable Water Supply Well Protection Zone.

(a)

Where a zone of protection contour or demarcation passes through a facility, the entire facility shall be considered to be in the more restrictive zone.

(b)

Prohibited activities in WHPA class 1 zone.

(1)

New sanitary landfills and any other disposal of a solid waste as permitted under chapter 62-701.020, F.A.C.

(2)

New industrial zoning designations.

(3)

New interim wastewater treatment plants.

(4)

New concentrated animal feeding operations as defined in chapter 62-670.200, F.A.C.

(5)

New dairy farm storage and treatment facilities, high intensity areas and land application areas as defined in chapter 62-670.200, F.A.C.

(6)

Discharge of stormwater into depressions with direct or demonstrated hydrologic connection to the Floridan Aquifer.

(7)

Any new land applications of sludge and septage.

(8)

New underground storage facilities shall be prohibited within a distance of 1,000 feet from a public potable water supply well.

(c)

Prohibited activities in WHPA class 2 zone.

(1)

The use, handling, production, disposal, and storage of regulated substances associated with non-residential activities is prohibited in the WHPAs except as provided under this Part.

(2)

No installation shall discharge into groundwater, either directly or indirectly, any contaminant that causes a violation in the water quality standards and criteria for the receiving groundwater as established in chapter 62-520, F.A.C.

(3)

Discharges through natural or manmade conduits, such as wells and sinkholes, that allow direct contact with class G-1 and class G-2 groundwater are prohibited, except for projects designed to recharge aquifers with surface water of comparable quality, or projects designed to transfer water across or between aquifers of comparable quality for the purpose of storage or conservation, or residential stormwater discharging through wet retention/detention ponds.

(4)

Industrial stormwater discharges to retention/detention ponds are prohibited.

(5)

Discharge of stormwater into depressions with direct or demonstrated hydrologic connection to the Floridan aquifer system is prohibited.

(6)

There will be no new land use activities which are classified under the definition of heavy industrial.

(7)

Heavy manufacturing is prohibited.

(8)

Construction and operation of new solid waste disposal facility as defined by chapter 62-701.200 F.A.C. shall be prohibited. Operation of all existing sanitary landfills including new phosphogypsum piles, and any other disposal of a solid waste as permitted under chapter 62-701, F.A.C. will be terminated within one year and a permanent leachate monitoring system installed to monitor movement of leachate.

(9)

Junkyards are prohibited.

(10)

Industrial septic tank disposal systems are prohibited.

(11)

New underground storage tank systems and aboveground storage tank systems, are prohibited within a WHPA class 2 zone.

(12)

Any new land applications of domestic wastewater residuals, sludge, septage and domestic septage are prohibited.

(13)

New interim wastewater treatment plants are prohibited.

(14)

Industrial wastewater treatment plants are prohibited.

(15)

New concentrated animal feeding operations as defined in chapter 62-670.200, F.A.C. are prohibited.

(16)

New dairy farm aboveground or underground storage facilities and wastewater treatment plant, high intensity areas and land application areas as defined in chapter 62-670.200, F.A.C. are prohibited.

(17)

New mining operations permitted under chapters 62-671, -672, and -673, F.A.C. are prohibited.

(18)

Land application of industrial waste water and industrial reuse water is prohibited.

(19)

Human cemeteries are prohibited.

(20)

Land excavation is prohibited.

(21)

Reclaimed aquifer storage and recovery (ASR) wells are prohibited.

(22)

New class I and class III underground injection control wells, as regulated in chapter 62-528, F.A.C., are prohibited.

(23)

New class V underground injection control wells, as regulated in chapter 62-528, F.A.C., are prohibited except as provided below:

a.

Thermal exchange process wells (closed-loop without additives) for use at single family residences; and

b.

Aquifer storage and recovery systems wells, where the injected fluid meets the applicable drinking water quality standards in chapter 62-550, F.A.C.

(24)

New hazardous waste treatment, storage, disposal, and transfer facilities requiring permits under chapter 62-730, F.A.C., are prohibited.

(25)

New aboveground and underground storage of hazardous wastes regulated under chapter 62-730, F.A.C., is prohibited.

(d)

Expansion or modification of an existing prohibited activity. Any expansion or modification of, or any other improvement made to an existing prohibited activity or facility identified in Section 5-3.3(a) and (b) above which will extend the useful life of the activity or facility, or increase the intensity or productivity of the activity or facility beyond that existing on the effective date of this regulation, shall require authorization by the City of Brooksville City Council. The City Council must make a finding of an overriding public interest being served by the expansion of the prohibited activity in order for the operating permit to be approved.

(a)

Purpose and intent. It is the purpose of this Part to provide standards necessary to protect the habitats of species, both flora and fauna, of endangered, threatened, or special concern status in the City of Brooksville. It is the intent of this Part to require that an appropriate amount of land shall be set aside to protect habitat of rare, endangered, or special concern plant and animal species.

(b)

Applicability. For all new development projects of 20 or more acres in size, the review process shall include a request by the City of Brooksville to the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service for an assessment of known or potential impacts upon threatened or endangered species or their habitat.

In the event that threatened or endangered species are identified as provided above, a habitat management plan shall be provided. The habitat management plan shall be prepared by an ecologist, biologist or other related professional and employed by the applicant in cooperation with the Florida Game and Fresh Water Fish Commission. The plan shall document the presence of affected species, the land needs of the species that may be met on the development site, and shall recommend appropriate habitat management and other measures to protect the subject wildlife. A wildlife management area shall be established, of a size adequate to maintain a viable population of the affected species.

(a)

On-site wildlife management. The size of the habitat area shall be established by a wildlife biologist employed by the developer in cooperation with the Florida Game and Fresh Water Fish Commission. The habitat area may be retained for use as passive open space and an integral part of the development, or it may be conveyed to public or private, non-profit use. As an incentive to developers, any undeveloped area development rights may be utilized on the remaining portion of the development, at a rate equal to 1.5 times the intensity of use that would have been allowed if the habitat area were not reserved.

(b)

Off-site wildlife management. In the event that an acreage adequate to maintain a viable population of the affected species cannot be provided on-site, several options are available as follows:

(1)

The developer may, conditional upon approval of the affected state and federal agencies, relocate the affected population to a suitable public habitat off-site which such habitat is inadequately stocked with the affected species; or

(2)

The developer may purchase an alternative site which is potentially suitable for the affected species but currently lacking one or more features essential for suitable habitat, create a suitable habitat pursuant to a wildlife management plan approved by City Council, and relocate the affected species at such time as the habitat becomes suitable.

(3)

Pay a fee to the Florida Game and Fresh Water Fish Commission, at a rate to be established by that agency, for the commission to acquire an alternative site, improve the site and relocate the affected species.

(a)

Purpose. The purpose of this Part is to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to:

(1)

Minimize unnecessary disruption of commerce, access and public service during times of flooding;

(2)

Require the use of appropriate construction practices in order to prevent or minimize future flood damage;

(3)

Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential;

(4)

Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain;

(5)

Minimize damage to public and private facilities and utilities;

(6)

Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;

(7)

Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and

(8)

Meet the requirements of the National Flood Insurance Program for community Participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.

(b)

Coordination with the Florida Building Code. These regulations are intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code.

(c)

Warning and disclaimer of liability. The degree of flood protection required by this Part and the Florida Building Code, as amended, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the flood insurance study and shown on flood insurance rate maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring these regulations be revised to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this Part. The regulations contained herein shall not create liability on the part of the City or by any officer or employee thereof for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.

(Ord. No. 831, § 2, 8-6-2012; Ord. No. 874, § 1(Exh. A), 11-6-2017)

The provisions of this Part shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured/mobile homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development.

(a)

General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(b)

Applicable area. The provisions of this Part shall apply to all flood hazard areas within the City of Brooksville, as established in Section 5-5.2(c) of this Part.

(c)

Basis for establishing flood hazard areas. The flood insurance study for Hernando County dated February 2, 2012, and all subsequent amendments and revisions, and the accompanying flood insurance rate maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of these regulations and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the City of Brooksville Community Development Department.

(d)

Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 5-5.5 of this Part the floodplain administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the City indicates that ground elevations:

(1)

Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this Part and, as applicable, the requirements of the Florida Building Code.

(2)

Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the special flood hazard area.

(e)

Other laws. The provisions of this Part shall not be deemed to nullify any provisions of local, state or federal law.

(f)

Abrogation and greater restrictions. This Part supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between these regulations and any other ordinance, the requirements of the more restrictive shall govern. These regulations shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this Part.

(g)

Interpretation. In the interpretation and application of this Part, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 831, § 2, 8-6-2012)

(a)

Designation. The Community Development Department Director is designated as the floodplain administrator. The floodplain administrator may appoint persons as designees who shall have the authority of the floodplain administrator.

(b)

General. The floodplain administrator is authorized and directed to administer and enforce the provisions of this Part. The floodplain administrator shall have the authority to render interpretations of this ordinance consistent with the intent and purpose of these regulations and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this Part without the granting of a variance pursuant to Section 5-5.7 of this Part.

(c)

Applications, approvals and permits. The floodplain administrator, in coordination with other reviewing entities, shall:

(1)

Review applications and plans to determine whether proposed new development will be located in flood hazard areas;

(2)

Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this ordinance;

(3)

Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation;

(4)

Provide available flood elevation and flood hazard information;

(5)

Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant;

(6)

Review applications to determine whether proposed development will be reasonably safe from flooding;

(7)

Issue floodplain development approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this Part is demonstrated, or disapprove the same in the event of noncompliance; and

(8)

Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this Part.

(d)

Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the Building Official, shall:

(1)

Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

(2)

Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;

(3)

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and

(4)

Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this Part is required.

(e)

Modifications of the strict application of the requirements of the Florida Building Code. The floodplain administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 5-5.7 of this Part.

(f)

Notices and orders. The floodplain administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders related to the requirements of this Part.

(g)

Inspections. The floodplain administrator shall make the required inspections as specified in Section 5-5.6 of this Part for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The floodplain administrator shall also inspect flood hazard areas to determine if development is undertaken without issuance of an approval or permit. The floodplain administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit.

(h)

Other duties of the floodplain administrator. The floodplain administrator shall have other duties, including but not limited to:

(1)

Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 5-5.3(d) of this Part;

(2)

Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA);

(3)

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available;

(4)

Review required design certifications and documentation of elevations specified by this Section and the Florida Building Code to determine that such certifications and documentations are complete; and

(5)

Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Brooksville are modified.

(i)

Floodplain management records. Regardless of any limitation on the period required for retention of public records, the floodplain administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood resistant construction requirements of the Florida Building Code, including flood insurance rate maps; letters of map change; records of issuance of approvals and denial of approvals and permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and these regulations; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this Part and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the City of Brooksville Community Development Department.

(Ord. No. 831, § 2, 8-6-2012; Ord. No. 874, § 1(Exh. A), 11-6-2017)

(a)

Permits and approvals required. Any person who intends to undertake any development activity within the scope of this Part, including buildings, structures and facilities exempt from the Florida Building Code, on property which is wholly within or partially within any flood hazard area shall first make application to the floodplain administrator and the Building Official, if applicable, and shall obtain the required permit(s) and/or approval(s). No permit or approval shall be issued until compliance with the requirements of this Part and all other applicable regulations has been satisfied.

(b)

Floodplain development approvals. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code, Building Section 102.2 and any further exemptions provided by law, which are subject to the requirements of this Part:

(1)

Railroads and ancillary facilities associated with the railroad.

(2)

Non-residential farm buildings on farms, as provided in F.S. § 604.50.

(3)

Temporary buildings or sheds used exclusively for construction purposes.

(4)

Mobile or modular structures used as temporary offices.

(5)

Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the generation, transmission, or distribution of electricity.

(6)

Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features.

(7)

Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.

(8)

Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.

(9)

Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on flood insurance rate maps.

Depending on the nature and extent of proposed development that includes a building or structure, the floodplain administrator may determine that a floodplain development approval is required in addition to a building permit.

(c)

Application for an approval. To obtain a floodplain development approval the applicant shall first file an application in writing on a form furnished by the Community Development Department. The information provided shall:

(1)

Identify and describe the development to be covered by the approval.

(2)

Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.

(3)

Indicate the use and occupancy for which the proposed development is intended.

(4)

Be accompanied by a site plan or construction documents as specified in Section 5-5.5 of this Part.

(5)

State the valuation of the proposed work.

(6)

Be signed by the applicant or the applicant's authorized agent.

(7)

Give such other data and information as required by the floodplain administrator.

(d)

Validity of approval. The issuance of a floodplain development approval pursuant to this Code shall not be construed to be an approval of any violation of this Part, the Florida Building Codes, or any other ordinance. The issuance of approvals based on submitted applications, construction documents, and information shall not prevent the floodplain administrator from requiring the correction of errors and omissions.

(e)

Expiration. A floodplain development approval shall become invalid unless the work authorized by such approval is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 90 days after the work commences. Extensions for periods of not more than 90 days each shall be requested in writing and justifiable cause shall be demonstrated.

(f)

Suspension or revocation. The floodplain administrator is authorized to suspend or revoke a floodplain development approval if the approval was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this Part or any other ordinance, regulation or requirement.

(g)

Other permits required. Floodplain development approvals and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following:

(1)

The Southwest Florida Water Management District;

(2)

Florida Department of Health for onsite sewage treatment and disposal systems;

(3)

Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line;

(4)

Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; and

(5)

Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.

(6)

Federal permits and approvals.

(Ord. No. 831, § 2, 8-6-2012; Ord. No. 874, § 1(Exh. A), 11-6-2017)

(a)

Information for development in flood hazard areas. All plans and construction documents for any development subject to the requirements of this Part shall be drawn to scale and shall include, as applicable, the following:

(1)

Delineation of flood hazard areas, floodway boundaries and flood zone(s), and base flood elevation(s) and ground elevations if necessary for review of the proposed development.

(2)

Where flood hazard areas, base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 5-5.5(b)(2) or (3) of this Part.

(3)

Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and the base flood elevations are not included on the FIRM or in the flood insurance study, such elevations shall be established in accordance with Section 5-5.5(b)(1) of this Part.

(4)

Location of the proposed activity and proposed structures, and locations of existing buildings and structures.

(5)

Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

(6)

Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.

(7)

Existing and proposed alignment of any proposed alteration of a watercourse.

The floodplain administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this Code but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this Part.

(b)

Information in flood hazard areas without base flood elevations (approximate zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the floodplain administrator shall:

(1)

Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices.

(2)

Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source.

(3)

Where base flood elevation data and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:

a.

Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or

b.

Specify that the base flood elevation is two feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two feet.

(4)

Where the base flood elevation data are to be used to support a letter of map change from FEMA, the applicant shall provide analyses prepared by a Florida Licensed Engineer in a format required by FEMA, and it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

(c)

Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this Section, the applicant shall have the following analyses signed and sealed by a Florida Licensed Engineer for submission with the site plan and construction documents:

(1)

For development activities proposed to be located in a regulatory floodway, hydrologic and hydraulic analyses that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 5-5.5(d) of this Part and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.

(2)

For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the flood insurance study or on the FIRM and floodways have not been designated, a floodway encroachment analysis which demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as zone AO or zone AH.

(3)

For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 5-5.5(d) of this Part.

(d)

Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida Licensed Engineer in a format required by FEMA. FEMA submittal requirements and processing fees shall be the responsibility of the applicant.

(Ord. No. 831, § 2, 8-6-2012; Ord. No. 874, § 1(Exh. A), 11-6-2017)

(a)

General. Development for which a floodplain development approval is required shall be subject to inspection.

(1)

Development other than buildings and structures. The floodplain administrator shall inspect all development to determine compliance with the requirements of this Code and the conditions of issued floodplain development approvals.

(2)

Buildings, structures and facilities exempt from the Florida Building Code. The floodplain administrator shall inspect buildings and structures exempt from the Florida Building Code to determine compliance with the requirements of this Part and the conditions of issued floodplain development approvals.

(3)

Buildings and structures exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the floodplain administrator:

a.

If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor signed and sealed by a Florida Licensed Professional Surveyor; or

b.

If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 5-5.5(b)(3)b. of this Part, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent.

(4)

Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the applicant shall submit to the floodplain administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 5-5.6(a)(3) of this Part.

(5)

Manufactured/mobile homes. The Floodplain Administrator shall inspect manufactured/mobile homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this Part and the conditions of the issued approval. Upon placement of a manufactured/mobile home, certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator.

(Ord. No. 831, § 2, 8-6-2012; Ord. No. 874, § 1(Exh. A), 11-6-2017)

(a)

General. The construction board of adjustment and appeals or similarly designated body as described in Section 10-1.5(a) shall hear and decide on requests for appeals and requests for variances from the strict application of these regulations and, pursuant to F.S. § 553.73(5), shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This Section does not apply to Section 3109 of the Florida Building Code, Building.

(b)

Appeals. The construction board of adjustment and appeals or similarly designated body shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the administration and enforcement of this Part. Any person aggrieved by the decision of the construction board of adjustment and appeals or similarly designated body may appeal such decision to the Circuit Court, as provided by Florida Statutes.

(c)

Limitations on authority to grant variances. The construction board of adjustment and appeals or similarly designated body shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 5-5.7(f) of this Part, the conditions of issuance set forth in Section 5-5.7(g) of this Part, and the comments and recommendations of the floodplain administrator and the Building Official. The construction board of adjustment and appeals or similarly designated body has the right to attach such conditions as it deems necessary to further the purposes and objectives of these regulations. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 5-5.5(c) of this Part.

(d)

Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code.

(e)

Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this Code, provided the variance meets the requirements of Section 5-5.7(c), is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood.

(f)

Considerations for issuance of variances. In reviewing requests for variances, the construction board of adjustment and appeals or similarly designated body shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this Code, and the following:

(1)

The danger that materials and debris may be swept onto other lands resulting in further injury or damage;

(2)

The danger to life and property due to flooding or erosion damage;

(3)

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners;

(4)

The importance of the services provided by the proposed development to the community;

(5)

The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion;

(6)

The compatibility of the proposed development with existing and anticipated development;

(7)

The relationship of the proposed development to the comprehensive plan and floodplain management program for the area;

(8)

The safety of access to the property in times of flooding for ordinary and emergency vehicles;

(9)

The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(10)

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

(g)

Conditions for issuance of variances. Variances shall be issued only upon:

(1)

Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this Code or the required elevation standards;

(2)

Determination by the construction board of adjustment and appeals or similarly designated body that:

a.

Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship;

b.

The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and

c.

The variance is the minimum necessary, considering the flood hazard, to afford relief;

(3)

Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the office of the clerk of the court in such a manner that it appears in the chain of title of the affected parcel of land; and

(4)

If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the floodplain administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25.00 for $100.00 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.

(Ord. No. 831, § 2, 8-6-2012; Ord. No. 874, § 1(Exh. A), 11-6-2017)

(a)

Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this Code that is performed without an issued approval and/or permit, that is in conflict with an issued approval and/or permit, or that does not fully comply with this Part, shall be deemed a violation of this Part. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by these regulations or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. Any person who violates this Part or fails to comply with any of its requirements shall, upon conviction thereof, be punished as provided in Section 1-7 of the City of Brooksville Code of Ordinances. In addition to all other fines, the person shall be required to pay all costs and expenses involved in the case. Nothing contained in this Part shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

(b)

Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this Part and that is determined to be a violation, the floodplain administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work.

(c)

Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law.

(Ord. No. 831, § 2, 8-6-2012)

Pursuant to Section 5-5.4(b) of this Part, buildings, structures and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Section 5-5.15 of this Part.

(Ord. No. 831, § 2, 8-6-2012; Ord. No. 874, § 1(Exh. A), 11-6-2017)

(a)

Minimum requirements. Subdivision proposals, including proposals for manufactured/mobile home parks and subdivisions, shall be reviewed to determine that:

(1)

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

(2)

All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and

(3)

Adequate drainage is provided to reduce exposure to flood hazards; in zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.

(b)

Subdivision plats. Where any portion of proposed subdivisions, including manufactured/mobile home parks and subdivisions, lies within a flood hazard area, the following shall be required:

(1)

Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats;

(2)

Where the subdivision has more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 5-5.5(b)(1) of this Part; and

(3)

Compliance with the site improvement and utilities requirements of Section 5-5.11 of this Part.

(Ord. No. 831, § 2, 8-6-2012; Ord. No. 874, § 1(Exh. A), 11-6-2017)

(a)

Minimum requirements. All proposed new development shall be reviewed to determine that:

(1)

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

(2)

All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and

(3)

Adequate drainage is provided to reduce exposure to flood hazards; in zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.

(b)

Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in chapter 64E-6, F.A.C. and ASCE 24 chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems.

(c)

Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in chapter 62-532.500, F.A.C. and ASCE 24 chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.

(d)

Limitations on sites in regulatory floodways. No development, including but not limited to site improvements and land disturbing activity involving fill or regrading shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 5-5.5(c)(1) of this Part demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.

(e)

Limitations on placement of fill. Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures, fill shall comply with the requirements of the Florida Building Code.

(Ord. No. 831, § 2, 8-6-2012)

(a)

General. All manufactured/mobile homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this Part.

(b)

Foundations. All new manufactured/mobile homes and replacement manufactured/mobile homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.2 and this Part. Foundations for manufactured homes subject to Section 5-5.12(d)(2) of this Part are permitted to be reinforced piers or other foundation elements of at least equivalent strength.

(c)

Anchoring. All new manufactured/mobile homes and replacement manufactured/mobile homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance.

(d)

Elevation. Manufactured/mobile homes that are placed, replaced, or substantially improved shall comply with Section 5-5.12(d)(1) or 5-5.12(d)(2) of this Part, as applicable.

(1)

Unless subject to the requirements of Section 5-5.12(d)(2) of this Part, all manufactured/mobile homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured/mobile home park or subdivision; (b) in a new manufactured/mobile home park or subdivision; (c) in an expansion to an existing manufactured/mobile home park or subdivision; or (d) in an existing manufactured/mobile home park or subdivision upon which a manufactured/mobile home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A).

(2)

Manufactured/mobile homes that are not subject to Section 5-5.12(d)(1) of this Part, including manufactured/mobile homes that are placed, replaced, or substantially improved on sites located in an existing manufactured/mobile home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the:

a.

Bottom of the frame of the manufactured/mobile home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A); or

b.

Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade.

(e)

Enclosures. Enclosed areas below elevated manufactured/mobile homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area.

(f)

Utility equipment. Utility equipment that serves manufactured/mobile homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area.

(Ord. No. 831, § 2, 8-6-2012; Ord. No. 874, § 1(Exh. A), 11-6-2017)

(a)

Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall:

(1)

Be on the site for fewer than 180 consecutive days; or

(2)

Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches.

(b)

Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 5-5.13(a) of this Part for temporary placement shall meet the requirements of Section 5-5.12 of this Part for manufactured/mobile homes.

(Ord. No. 831, § 2, 8-6-2012)

(a)

Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty.

(b)

Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 5-5.14(c) of this Part shall be permitted provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris.

(c)

Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area.

(d)

Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:

(1)

At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and

(2)

Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

(Ord. No. 831, § 2, 8-6-2012)

(a)

General requirements for other development. All development, including human-initiated changes to improved or unimproved real estate for which specific provisions are not specified in this Code or the Florida Building Code, shall:

(1)

Be located and constructed to minimize flood damage;

(2)

Meet the limitations of Section 5-5.11(d) of this Part if located in a regulated floodway;

(3)

Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;

(4)

Be constructed of flood damage-resistant materials; and

(5)

Have mechanical, plumbing, and electrical systems above the design flood elevation, or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of the building code for wet locations.

(b)

Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 5-5.11(d) of this Part.

(c)

Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 5-5.11(d) of this Part.

(d)

Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 5-5.11(d) of this Part. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 5-5.5(c)(3) of this Part.

(Ord. No. 831, § 2, 8-6-2012; Ord. No. 874, § 1(Exh. A), 11-6-2017)