(a)

Purpose and intent. The purpose of this division is to protect the health, safety and general welfare of the citizens of the County. These provisions are intended to:

(1)

Implement the goals, policies and objectives of the County Comprehensive Plan;

(2)

Ensure the orderly development of mineral resources in a manner compatible with the overall development of the County;

(3)

Ensure consideration of the cumulative effects of phosphate mining activities;

(4)

Protect and conserve natural resources and the environment for present and future generations;

(5)

Assure the use of best management practices and the development of technology for maximum control of the adverse effects of phosphate mining activities;

(6)

Ensure that phosphate mining activities and reclamation will not preclude future beneficial uses of mined-out lands;

(7)

Ensure that land reclamation promotes economic development and enhances recreational opportunities for the benefit of County residents and visitors;

(8)

Prevent the construction, operation, use or maintenance of phosphogypsum stacks in the County;

(9)

Protect and preserve legally existing vested rights; and

(10)

To the extent necessary to give meaning and effect to this division, the definitions in Article XII of this chapter apply to the terms used in this division unless the context clearly indicates otherwise.

(b)

Applicability. The provisions of this division regulate phosphate mining activities in the County and compliance with the provisions of this division shall satisfy all County regulatory requirements; provided, however, that Article II of this chapter, Article V of this chapter, Sections 20-1555 and 20-1557 and Article IX, Division 5, of this chapter shall apply to, govern, and regulate phosphate mining in the County. The provisions of this division shall apply to all applications for phosphate mining master plans or operating permits for phosphate mining activities conducted within the boundaries of the County. All requirements of this division shall apply to applications for amendments or transfers, whether or not such amendments or transfers apply to a phosphate mining master plan or operating permit issued before October 23, 2012. To the extent allowed by law, the requirements of this division shall apply to phosphate mining activities conducted by applicants under valid operating permits issued before October 23, 2012.

(c)

Administration. Except as hereinafter provided, the provisions of this division shall be administered, implemented and enforced by the County Administrator, or his designee, who shall coordinate the activities of all appropriate County agencies concerning the processing, review, monitoring and inspection of phosphate mining activities within the boundaries of the County. Wherever the term "County Administrator" is used in this division, it is meant to include his designee. The provisions of this division shall not limit the lawful authority of the Board or any County agency to enforce or monitor compliance with other applicable statutes, ordinances, resolutions, regulations or permit conditions. In order to ensure compliance with the phosphate mining master plan, the operating permit, and the reclamation plans for various phases, the County Administrator shall contract with or employ qualified professional engineers and scientists to inspect and review compliance with the master plan, the operating permit, and the progress on the various reclamation plans.

(d)

Review and approval. An applicant shall obtain separate approvals for a phosphate mining master plan and an operating permit from the Board prior to commencement of phosphate mining activities. An operating permit may not be issued until approval of a phosphate mining master plan. The operating permit may be issued contingent upon receipt of necessary Federal, State and appropriate local development approvals. No phosphate mining activities may be conducted within the County except those for which phosphate mining master plan and operating permit approvals have been issued by the Board. Where these regulations conflict or overlap with other regulations, whichever imposes the more stringent restrictions shall prevail.

(e)

Fee requirements for phosphate mining master plan, operating permit, annual review, inspection. The Board of County Commissioners shall by resolution adopt, and may amend from time to time as deemed necessary by the Board, a fee schedule setting forth fees for review of applications for phosphate mining master plan, operating permits, annual reviews, inspections and all other fees and costs provided for in this division. The fees established hereunder shall be sufficient to support the County's regulatory and enforcement costs under this division such that these costs will not be borne by the County's taxpayers to the greatest extent possible.

(f)

Waivers.

(1)

Except where the provisions of this division expressly provide otherwise, the Board may, by express written instrument, waive any of the requirements of this division if the applicant demonstrates that:

a.

The strict enforcement of such requirement would impose an unreasonable restriction on the use of the property.

b.

Such waiver will not adversely affect the health, safety and welfare of the public.

c.

Such waiver is consistent with the County's Comprehensive Plan.

(2)

In order to obtain such a waiver, the applicant shall apply in writing to the Administrator, describing the requirement sought to be waived, the environmental impacts of the requested waiver, and any proposed innovative techniques or alternative procedures. The Board's decision on the application for waiver shall be made after receiving recommendations from appropriate County departments, and after notice and public hearing. Notice of requests, hearings and waivers shall also be sent to the appropriate regulatory State agencies.

(LDR, § 10110; Ord. No. 2012-06, App. A, § 1, 10-23-2012; Ord. No. 2014-05, Att. A, § 1b), 10-28-2014; Ord. No. 2021-06, § 3, 10-26-2021)

(a)

Application for approval. An applicant shall submit an original and five copies plus an electronic copy of a phosphate mining master plan application to the County Administrator. In preparing the phosphate mining master plan application, the applicant shall be mindful that a final decision on the operating permit will be based upon the information contained in the phosphate mining master plan, and the criteria for operating permits in this section referred to in preparing the phosphate mining master plan application.

(b)

Required content. The phosphate mining master plan shall include the following information:

(1)

The name, address and telephone number of the authorized agent of the applicant and, if different, of the owner of the property within the area of the phosphate mining master plan. If the applicant and/or property owner are not individual natural persons or individual business entities, the application shall fully identify each person or entity having any interest in the mining activities or ownership of the land, and shall specifically identify the nature of such interests.

(2)

The name, address and telephone number of the applicant's agent upon whom service of legal papers may be made and who may be contacted in case of need.

(3)

The legal description of all lands in or contiguous to the phosphate mine site upon which any phosphate mining activities are proposed, indicating whether owned, leased or under option by the applicant; and where ownership is not held by the applicant, a letter of agreement to mine, between the owner and applicant, shall be provided.

(4)

If the applicant requests to undertake construction of a beneficiation plant or water reticulation facility, the applicant shall also provide a conceptual flow diagram of beneficiation plant processes illustrating the general material flow between major equipment components, and a conceptual site plan and flow diagram showing the relationship between the beneficiation plant and water reticulation facilities.

(5)

The materials to be mined; estimated yearly production of ore, product and byproduct; and a map of the locations of the proposed units to be mined.

(6)

The mining sequence of the mining units for the life of the mine shown on a year-by-year basis.

(7)

The schedule of mining operation and completion of each mining unit for the life of the mine shown on a year-by-year basis.

(8)

An abstract and interpretation of the results of exploratory drilling showing the elevation of the top and base of the ore zone, the geologic nature of the confining bed and overlying materials, and the preoperational water levels encountered in exploratory drilling (where exploratory drilling does not characterize the geologic nature of the confining bed, other available sources may be substituted).

(9)

A description of the beneficiation process used in the mine, including a schematic description of the process and process reagents to be used, along with their chemical composition and estimated application rate.

(10)

The purpose and location of any beneficiation plant, building, structure, permanent pipeline or any other nonmobile object constructed as part of the proposed phosphate mining activities.

(11)

The location and dimension of proposed clay settling ponds, water reticulation facilities, and other impoundments, including the heights of dams and minimum freeboard.

(12)

An inventory of all existing wells on the property, including locations, estimated annual extraction rates, water use and proposed disposition of wells.

(13)

An assessment of the impact of the proposed phosphate mining activities on surface water and groundwater hydrology, including effects on peak and average stream base flow.

(14)

Engineering estimates certified by a registered professional engineer of the quantity, temperature, chemical and physical properties (including radiological), frequency and duration, points and methods of disposal (whether on or off the applicant's property) of discharges of water, liquid wastes, effluents, or sewage to be created. The applicant shall also specify the proposed time schedule for such disposal and estimates of the flow rates in receiving streams at the times of wastewater discharges. Such estimates shall separately and specifically identify and quantify discharges of all substances that could be generated by phosphate mining activities for which the State has promulgated water quality standards. In addition, estimates of the amounts (volume and weight) of tailings and phosphatic clays to be created, plans for their storage or disposal, and the proposed time schedule for disposal, together with the location drawings of any treatment facilities shall be provided.

(15)

A copy of all applications to, or permits issued by the appropriate water management authority for water use permits, waivers, denials, and any special conditions and, if issued, a copy of the permit. The applicant shall also provide the County a copy of the environmental resource permit application to, or permit issued by the Florida Department of Environmental Protection (FDEP).

(16)

Copy of application to, or permit issued by FDEP for any air sources on the property. The permittee shall take reasonable precautions to prevent and minimize fugitive dust emissions.

(17)

An effective program for controlling nonpoint sources of water pollution that may originate from any areas disturbed by mining activities, the runoff from which is external to catchment areas of the water reticulation facilities.

(18)

An environmental monitoring program, to be developed by the applicant in accordance with Section 20-974(c)(6), which shall include baseline data for at least one year preceding commencement of development. The applicant shall develop the monitoring program in conjunction with the County Administrator. If environmental monitoring is required as a condition of a State and/or Federal permit, and if the applicant is in compliance with that condition, the applicant may comply with this requirement by submitting copies of all State and/or Federal monitoring reports to the County.

(19)

A transportation analysis, to include estimates of vehicular and rail traffic and any other mode of transportation of materials and products leaving the applicant's property, and of raw materials entering the applicant's property, with emphasis given to any disruption of normal traffic movements caused by, and any increase in rail movements, vehicular traffic and road deterioration resulting from, the proposed phosphate mining activities.

(20)

Composite aerial photographs of the phosphate mining master plan area that, through overlays or other graphical depictions, clearly show:

a.

Ownership limits;

b.

Any designated special treatment overlay districts;

c.

Locations of units to be mined;

d.

Locations of clay settling ponds and other impoundments and their construction schedules;

e.

Locations of permanent pipelines, beneficiation plants, and other permanent structures;

f.

The name, location and limits of all existing wetlands, lakes, rivers, reservoirs, streams, creeks, and other water bodies within the phosphate mining master plan area up to the 100-year floodplain associated with these features including a general delineation of all waters of the State as defined under F.S. ch. 403.

g.

The location of drainage and flood control features, including topographic contours at one-foot intervals before, mining and after reclamation activities;

h.

The location of all proposed storage and transportation means, for products and raw materials shipped to and from the site; and

i.

A depiction of the final Florida Land Use Cover and Forms Classification Code System (FLUCFCS) upon completion of reclamation.

Such composites and all overlays shall be provided at a scale acceptable to the County with a minimum 800-foot overlap and extending at least one-quarter mile (1,320 feet) beyond the property boundary.

(21)

A phosphate mine reclamation plan that shall be consistent with F.S. ch. 378, part II, and administrative rules adopted thereunder, and any amendments to F.S. ch. 378, part II, and administrative rules adopted thereunder, promulgated after adoption of the ordinance from which this division is derived and the provisions contained in this division.

a.

The Board of County Commissioners may require a more expeditious reclamation schedule than required by F.S. ch. 378, part II, and administrative rules adopted thereunder in order to minimize impacts to neighbors, wetlands, off-site drainage, or floodplains. Reclamation land types shall be defined by Florida Land Use Classification Code System (FLUCFCS) or Florida Department of Environmental Protection (FDEP) habitat types.

b.

Agricultural lands. Land reclaimed for agricultural use shall meet the following standards:

1.

Topography. The land shall be sufficiently level and free of holes, gullies and washouts to permit safe operation of conventional farm and agricultural equipment.

2.

Stability. The land shall have settled and firmed to the extent that it will support conventional farm and agricultural equipment and that livestock will be able to walk on the surface of the land.

3.

Slope. The land surface shall be returned to the elevations approved by the County and the slope of all land, except dikes and low profile berms, shall not be steeper than 4:1.

c.

South Florida flatwoods. South Florida flatwoods areas disturbed by phosphate mining shall be reclaimed with native species of trees, shrubs, forbs and grasses to re-establish the general distribution of native flora necessary to ensure suitable wildlife habitat, giving consideration to plant diversity, edge-effect and escape cover. The goal will be to achieve suitable livestock carrying capacity by utilization of low management native forages while secondary benefits such as wildlife, timber and aesthetics are maintained.

d.

Wetlands. Existing wetlands subject to mining shall generally be reclaimed at an acre for acre and additional land may be reclaimed to a wetland area. However, where deemed appropriate by the County Administrator, it shall be acceptable to reclaim wetlands with smaller, high quality wetland systems and/or off-site mitigation. Consideration should be given to locating any off-site mitigation within the County where practical and appropriate. If off-site mitigation is required by any State or Federal permit, then the requirements of that permit shall prevail. Reclamation or creation of a wetland shall be in accordance with the following:

1.

Soil moisture. The land area designated as recreated wetlands shall maintain the necessary soil moisture, frequency and duration of saturation as correlated to water year, rainfall occurrence, and antecedent conditions without the artificial manipulation of available water quantities.

2.

Soil stability. All banks and slopes shall be stabilized with self-sustaining vegetation. No evidence of excessive erosion shall exist. No evidence of unplanned channel development shall exist.

3.

Native species. The applicant shall demonstrate, using generally accepted scientific methodology, that healthy and self-propagating native wetland grasses and forbs within the recreated wetland shall be established and that the reforestation of native wetland trees shall be accomplished.

e.

Lakes and other water bodies. Lands reclaimed as lakes and other water bodies shall meet the following standards, in addition to Subsections (b)(21)d.2 and 3 of this section:

1.

Littoral zones. For the purposes of establishing an area that will sustain fish and wildlife, and to provide a measure of nonstructural water quality maintenance, the applicant shall establish a littoral zone below the mean water level along the shoreline and within a central area of the lake. The applicant may provide for alternative littoral zone placement for meeting requirements herein which would result in more beneficial environmental and wildlife impacts than strict adherence to the requirements of Section 20-974(c) would provide. Such alternative methodology shall follow generally accepted scientific principles and must be approved in writing by the County Administrator.

2.

Perimeter berms and swales. For the purposes of ensuring water quality control and to provide for a measure of long-term water quality maintenance, the applicant shall construct a low profile perimeter berm and swale system designed to intercept and filter overland runoff before allowing it to discharge into the lake. In addition to this requirement, applicant shall provide alternative nonstructural means for meeting requirements herein which would result in more beneficial environmental and wildlife impacts than strict adherence to the requirements of Section 20-974(c) would provide. Such alternative methodology shall follow generally accepted U.S. Department of Agriculture Best Management Practices for Riparian/Lacustrine Buffers and must be approved by the Director of Public Works.

3.

Lake depth. The requirements in F.A.C. ch. 62C-16.0051 (Mandatory Phosphate Mine Reclamation Rule), as it may be amended, shall apply to lake depths.

f.

Revegetation. To ensure timely and successful establishment of ground cover and suitable habitat diversity, the applicant shall comply with the following criteria:

1.

Diversity:

(i)

Improved pasture: Not applicable.

(ii)

South Florida flatwoods: Timber species should consist of longleaf pine, slash pine and oak. No more than 90 percent of these tree species should be planted to pines. Emphasis shall be directed toward restoration of native grasses, legumes and forbs conducive to the site for maximum soil stability with food and fiber production.

(iii)

Wooded wetlands: Minimum of three species of trees. No more than 80 percent of the total planted density in one species.

(iv)

Marsh: Mulch from an approved donor site or other approved techniques.

2.

Density/cover:

(i)

Improved pasture: Eighty percent ground cover of perennial vegetation following one complete growing season. Bare areas shall not exceed one-fourth acre.

(ii)

South Florida flatwoods: 20 trees per acre with adequate native vegetative ground cover to prevent erosion after one complete growing season. 15 trees per acre with a minimum height of one meter after five years. Fifty percent ground cover of herbaceous flatwoods species after one complete growing season shall be established.

(iii)

Wooded wetlands: Two hundred trees per acre after one complete growing season; 100 trees per acre with a minimum height of one meter after five years.

(iv)

Marsh: Fifty percent ground cover of herbaceous wetland species after one growing season. Growing seasons shall be species-specific.

3.

Other protections:

(i)

Improved pasture: Not applicable.

(ii)

South Florida flatwoods: Protection from grazing, mowing or other land uses to allow establishment for a minimum of three years following planting.

(iii)

Wooded wetlands: Protection from grazing, mowing or other land uses to allow establishment for a minimum of five years following planting.

(iv)

Marsh: Protection from grazing, mowing or other adverse land uses for a minimum of three years after planting.

4.

Measurement:

(i)

Improved pasture: Point intercept method on ten-acre units with total number of points submitted to County Administrator for prior review and approval.

(ii)

South Florida flatwoods: Point intercept method according to acceptable practices.

(iii)

Wooded wetlands: Point quarter method. Shall not be planted in rows, but rather randomly.

(iv)

Marsh: Point intercept method according to acceptable practices.

(22)

The signature and seal of a registered professional engineer responsible for the preparation of the phosphate mining master plan and an express certification by said engineer that he or she is personally familiar with the proposed mining activities, that he or she has personally reviewed all elements of the phosphate mining master plan or such elements which said engineer is certifying, and that all engineering methods, estimates or computations comport with generally accepted engineering practices;

(23)

The fee required for review of a phosphate mining master plan application, as prescribed in a schedule of fees established by the Board.

(24)

Each item of information in the phosphate mining master plan that the applicant is unable to furnish in detail, and upon which greater detail will be available at a later date, shall be identified by the applicant and may at the discretion of the Board and for good cause shown be furnished no later than 90 days prior to final approval of phosphate mining master plan in accordance with the requirements of this division.

(c)

Standards for phosphate mining master plan approval. Prior to issuance of phosphate mining master plan approval, the Board must determine that the phosphate mining activities reflected in the phosphate mining master plan application:

(1)

Are consistent with the County Comprehensive Plan;

(2)

Would provide for the orderly development of mineral resources in a manner compatible with the overall development of the County, considering the cumulative effects of other mining activities;

(3)

Would provide reasonable protection and conservation of natural and environmental resources; infrastructure, and rights-of-way;

(4)

Would provide for the use of best management practices and the development of technology for maximum control of adverse effects of mining activities;

(5)

Would not preclude future uses of mined-out lands for residential, commercial, industrial, agricultural, preservation, public, utility facilities and other uses identified in the County Comprehensive Plan; and

(6)

Meets the requirements of Division 5 of this article, and Section 20-974(c)(5).

(d)

Effect of phosphate mining master plan approval. Upon approval of a phosphate mining master plan, the Board may consider approval of an operating permit. Approval of the phosphate mining master plan constitutes notice that the applicant has provided reasonable assurance that the County's standards for approval of the phosphate mining master plan have been satisfied and that an operating permit may be subsequently issued provided the applicant satisfies all requirements for an operating permit as set forth in Section 20-974. Approval of the phosphate mining master plan shall not vest the applicant with any rights to issuance of said operating permit, nor shall it entitle him to initiate mining activities except as hereinafter provided.

(1)

Expiration of phosphate mining master plan. If an operating permit application has not been submitted after a three-year period following approval of the phosphate mining master plan, the phosphate mining master plan approval shall automatically terminate unless the Board at its discretion extends the time limit.

(2)

No pre-mining construction activities. No pre-mining construction activities preparatory to actual mining or beneficiation may be undertaken prior to the issuance of an operating permit.

(LDR, § 10120; Ord. No. 2012-06, app. A, § 2, 10-23-2012; Ord. No. 2014-05, att. A, § 1b), 10-28-2014)

(a)

Application. Any person contemplating phosphate mining activities in the County shall submit an original and five copies plus an electronic copy of an operating permit application to the County Administrator. The operating permit application may be filed concurrently with the phosphate mining master plan.

(b)

Required content. An application for an operating permit shall consist of:

(1)

All new or additional information obtained by the applicant since submission of the phosphate mining master plan application that is reasonably necessary for the evaluation of an operating permit application under the provisions of the ordinance in effect at the time the operating permit application is submitted.

(2)

Copies of necessary applications to, and all legally required permits and approvals (including waivers, denials, and any special conditions) from, Federal, State and regional agencies.

(3)

A detailed description of changes, if any, to the environmental monitoring program of the approved phosphate mining master plan submitted in accordance with Subsection (c)(6) of this section.

(4)

Effective plans for a spill notification, containment, and safety plan for the clay settling ponds, water reticulation systems, and reagent storage areas addressing such issues as inspection schedules, spill notification procedures, maintenance of warning systems, auxiliary water supply sources, water treatment procedures, hurricane preparedness procedures, and cleanup responsibilities. A site security plan including necessary access restrictions shall also be provided.

(5)

Evidence of financial responsibility meeting the requirements of Subsection (c)(19) of this section.

(6)

Information, documentation or studies necessary to affirmatively show compliance with the operating permit criteria of this section (as listed in Subsection (c) of this section).

(7)

The fee required for review of an operating permit application, as prescribed in a schedule of fees established by the Board of County Commissioners.

(8)

The applicant shall have a continuing obligation to supplement its permit application with all new pertinent information until permit issuance.

(c)

Criteria for operating permit issuance.

(1)

Minimum protection. The applicant shall use best management practices and shall conduct mining activities in a manner that will minimize undesirable effects of mining activities and maximize protection of public facilities, natural resources and the environment.

(2)

Setback requirements. All mining activities shall be subject to the following setback limitations. Reductions of these setback restrictions may be requested by the applicant under Subsection (c)(2)d of this section.

a.

Setback for excavation activities. No excavation activities, except as hereinafter provided, shall be performed within:

1.

500 feet from the property line of a church, public park boundary, or cemetery.

2.

1,000 feet from the property line of any school, unless a greater distance is required due to the particular location of a school and surrounding topography.

3.

1,000 feet from the closest portion of a permitted dwelling unit existing at the time of the phosphate mining master plan approval, or 200 feet from the property line of that portion of the adjacent property whose property tax folio number's legal description contains the dwelling unit, whichever is the greater setback distance.

4.

200 feet from any existing public right-of-way, or public easement for drainage, utility or public road purposes.

5.

500 feet from the boundary or survey line of an officially designated historical site which is not located within the mine boundary.

6.

200 feet from the property line in areas not controlled by Subsections (c)(2)a.1 through 5 of this section, including agricultural use.

b.

Setback for settling ponds and beneficiation facilities.

1.

No settling ponds shall be constructed within 500 feet of the property of a church, public park boundary or cemetery.

2.

No settling ponds shall be constructed within 1,000 feet from the property line of any school.

3.

No settling ponds shall be constructed within 1,000 feet from the closest portion of a permitted dwelling unit existing at the time of the phosphate mining master plan approval, or 200 feet from the property line of that portion of the adjacent property whose property tax folio number's legal description contains the dwelling unit, whichever is the greater setback distance.

4.

No settling pond shall be constructed within 500 feet from any existing public right-of-way, or public easement for drainage, utility or public road purposes.

5.

No settling pond shall be constructed within 500 feet from the boundary or survey line of an officially designated historical site, which is not located within the mine boundary.

6.

No settling pond shall be constructed within 200 feet from the property line in areas not controlled by Subsections (c)(2)b.1 through 5 of this section, including agricultural use.

7.

No beneficiation plant shall be constructed within 1,000 feet of the applicant's property line.

c.

Setback for stockpiles. No excavated material or stockpile shall be left on applicant's property longer than 60 days within:

1.

500 feet of the property of a church, public park boundary or cemetery.

2.

1,000 feet from the property line of any school, unless a greater distance is required due to the particular location of a school and surrounding topography.

3.

1,000 feet from the closest portion of a permitted dwelling unit existing at the time of the phosphate mining master plan approval, or 200 feet from the property line of that portion of the adjacent property whose property tax folio number's legal description contains the dwelling unit, whichever is the greater setback distance.

4.

200 feet from any existing public right-of-way, or public easement for drainage, utility or public road purposes.

5.

500 feet from the boundary or survey line of an officially designated historical site which is not located within the mine boundary.

6.

200 feet from the property line in areas not controlled by Subsections (c)(2)c.1 through 5 of this section, including agricultural use.

d.

Reduction to setbacks authorized.

1.

Consent of adjoining owners. The above setback requirements shall not apply where owners of the land protected by said restrictions have expressly consented to a reduction thereof by written instrument executed with the formality of a deed and recorded in the public records of the County. Such consent and recordation must occur prior to any mining activities by applicant in areas protected by this setback provision. Certified copies of said recorded instrument shall be furnished to the County Administrator, who shall acknowledge receipt in writing.

2.

Reduction of setbacks may be granted by the Board of County Commissioners in the following cases if the "reduction" would not reduce groundwater levels in the intermediate aquifer on adjoining private property by more than three feet and would not reduce the groundwater levels in the surficial aquifer on adjoining private property by more than one foot:

(i)

With consent of owners of properties protected by the setbacks specified in this section. The above setback requirements shall not apply where all owners of the land protected by said restrictions have expressly consented to a reduction thereof by written instrument executed with the formality of a deed and recorded in the public records of the County. Such consent and recordation must occur prior to any mining activities within the setback areas within the mining unit. Certified copies of the recorded instrument shall be furnished to the County Administrator. If the Board determines that the applicant has provided competent and substantial evidence that the requested setback will not adversely affect off-site wetlands, drainage and floodplains, then a waiver may be granted by the Board.

(ii)

Without consent of owners of properties protected by the setbacks listed in this section. If the Board determines that the applicant has demonstrated that the applicable setback requirements are unreasonable, and has provided competent and substantial evidence that a lesser requirement would not adversely affect the public health, safety and welfare, then a waiver may be granted by the Board. The applicant shall provide competent and substantial evidence that:

A.

A lesser setback would not adversely affect the public health, safety and welfare; and

B.

The waiver, if granted, would not affect off-site properties with respect to impacts on water quality, water quantity, air quality, vibration, noise, esthetics, environmental impacts to wetlands (including secondary impacts to the habitat functions of wetlands), off-site drainage, and floodplains.

(3)

Variance. If the applicant affirmatively demonstrates that any applicable setback requirement is unreasonable under the circumstances and would create undue hardship, and that a lesser requirement would not adversely affect the public health, safety, and welfare in the particular circumstances, the Board of County Commissioners may allow a lesser setback requirement after notice and public hearing. Such notice and hearing shall be held as part of the public hearing for operating permit or phosphate mining master plan approval. Notices for such combined public hearings shall be by individual and separate publication.

(4)

Height requirements of stockpiles, excavated materials, but not overburden. No excavated material (ore), sand tailings or stockpile shall be higher than a slope-line of 35 feet vertical to 500 feet horizontal projected from the nearest point on the permittee's property line, except as approved by the Board at a duly noticed public hearing. Overburden is excluded from the requirements of this section. Overburden may be stockpiled in setback areas upon approval of the Board. Such approval will be based on the applicant's submission of proposed mitigation measures or competent and substantial evidence that the placement of overburden in setback areas will not adversely affect the adjacent property based on slope of overburden stockpile, height of overburden stockpile, duration of placement of overburden stockpile, distance of overburden stockpile from property line of adjacent property, and adjacent land use.

(5)

Floodplain. As set forth in and in accordance with the approved mining master plan:

a.

No mining or construction of permanent buildings or other structures will be permitted below the 25-year floodplain elevation. Flood elevations will be those established by the County, the Southwest Florida Water Management District, and the U.S. Geological Survey.

b.

No mining, placement of fill, construction of permanent buildings or other structures inside the 100-year floodplain elevation shall be permitted unless the applicant can demonstrate, in accordance with the Environmental Resource Permit (ERP) Rules of the Southwest Florida Water Management District and the Florida Department of Environmental Protection, that subject activities will cause no net encroachment of the floodplain resulting in adverse impacts to conveyance, storage, water quality, or adjacent lands. In addition, conveyance restriction of historical flow regimes which will adversely affect adjacent landowners, are prohibited. Dragline crossings will be approved pursuant to the Master Mining Plan and appropriate state and federal permits.

c.

Nothing herein is intended to prevent or preclude temporary crossings to access mine infrastructure.

(6)

Environmental monitoring program. The monitoring program shall be developed in accordance with the following:

a.

Monitoring programs for mining activities in the County shall be used to establish baseline conditions prior to mining activities, and subsequently shall be used to continually evaluate compliance with applicable standards established by local, regional, State and Federal agencies over the life of the mine until reclamation approval has been received from the County Administrator. The program shall consist of monitoring the following areas:

1.

Surface water quality;

2.

Surface water quantity;

3.

Groundwater quality;

4.

Groundwater quantity monitoring shall be in accordance with the laws governing and the rules and regulations of the water management agency regulating such withdrawals;

5.

Rainfall. The permittee shall monitor rainfall on his property on a daily basis. Historical data shall be made available to the County upon request, and shall be provided in the annual report.

6.

Air quality. Mitigated wetlands in coordination with monitoring requirements of the Florida Department of Environmental Protection. Specific requirements of the above-mentioned components of the monitoring program shall be developed by the applicant, and approved by the County Administrator in conjunction with the Board of County Commissioners, on a site-specific basis according to the features of the site and the projected environmental impacts of mining activities.

b.

Each component of the environmental monitoring program shall consist of the following descriptive elements:

1.

Sampling location;

2.

Parameters and standards;

3.

Sampling schedule;

4.

Sampling and analysis methods;

5.

Quality assurance; and

6.

Data reduction and reporting.

The program shall additionally contain an introductory section describing the site and the proposed activities.

c.

The applicant shall submit copies of all environmental monitoring reports and data required by outside agencies for the permitted mine (including reports for those portions of the permitted mine that occur in adjacent counties). The data reports shall be submitted concurrently with the submission to the requiring agency.

d.

Modification of monitoring requirements may be made during the annual progress report process. The purpose of such modification is to add or delete sampling to reflect new developments in mining and sampling technology, which may improve both sampling and environmental quality.

1.

Requests by the applicant for changes in the monitoring program shall be submitted to the County Administrator not less than 90 days prior to the 12-month period to which they apply. Proposed changes must be approved or denied by the County Administrator in conjunction with the Board of County Commissioners within 30 days from the date of submission.

2.

Changes in the monitoring program may be proposed by the County not less than 90 days prior to the 12-month period to which they apply. The applicant shall comment on said changes in writing within 30 days after receipt of said proposed changes. Final decision on proposed changes shall be made by the County Administrator in conjunction with the Board of County Commissioners within 30 days of receiving the comments. If written comments by the applicant are not received on time, the proposed changes will automatically take effect at the beginning of the next monitoring year.

3.

In the event of either a natural or manmade disaster or accident the County reserves the right to declare an emergency and may require immediate changes or additions to the environmental monitoring program.

4.

Changes in the monitoring program as required by State or Federal agencies shall be implemented according to schedules prescribed by law or agency permit.

(7)

Radiation standards. The applicant shall conduct mining and reclamation activities in such a manner as to ensure that upon completion of reclamation, all disturbed lands within the operating permit area have radiation levels that do not exceed applicable state requirements.

(8)

Reclamation. The applicant shall affirmatively demonstrate by generally accepted scientific methodology that reclamation will proceed in accordance with the approved phosphate mining master plan and the following criteria:

a.

Revegetation site plans. A revegetation plan shall be provided identifying the planting density, species, general planting site plan, and maintenance provisions required to ensure successful revegetation of disturbed lands in accordance with the requirements of Section 20-973(b)(21)f.

b.

Revegetation monitoring.

1.

The applicant shall be responsible for monitoring the reclamation program for the period of time specified within this division for successful establishment of vegetation by land use type. This monitoring shall ensure that at the end of the specified time period the diversity, density and other protections for the revegetated plant species are at least as proposed in the approved reclamation plan.

2.

If after the specified time period the density and/or diversity are not as proposed, additional plantings will be required and a monitoring program shall be reinstituted so that the reclaimed land will meet the minimum standards set forth in the revegetation program. Deviations from the approved revegetation plan which are the result of natural disasters or catastrophic events not resulting from the action or negligence of the applicant, will not retrigger a planting and monitoring program.

c.

Lake design.

1.

Littoral zones. Littoral zones provided to meet the requirements of Section 20-973(b)(21)e.1 shall meet the following design criteria:

(i)

The total area of the zones shall be equivalent to a minimum of 15 percent of the total surface area at the mean water level. Not more than 60 percent of the total area requirement shall be met along the shoreline.

(ii)

The littoral zone along the shoreline shall be clustered over areas not exceeding 50 percent of the shoreline perimeter to ensure adequate access for maintenance and other land use purposes. The littoral zone shall be sloped at a 4:1 ratio or greater below the water line to a depth not to exceed six feet.

(iii)

The littoral zones within a central area of the lake, not connected to any shoreline littoral area, shall be constructed at depths below the mean low water line not to exceed three feet with side slopes at the perimeter of the littoral zone of approximately 4:1.

(iv)

All other portions of the lake perimeter not sloped to meet littoral zone requirements shall be shaped to 4:1 slope from water edge to a minimum depth of six feet.

2.

Perimeter berms and swales. Perimeter berms and swales provided to meet the requirements of Section 20-973(b)(21)e.2 shall be constructed to meet the following requirements, unless otherwise agreed to by the County Administrator or his designee and the permittee based on particular facts and circumstances concerning a specific reclamation site.

(i)

The perimeter swale shall have a minimum slope of three percent.

(ii)

Side slopes on the swale shall be no less than 4:1.

(iii)

Spreader spillways to the lake from the berm and swale system shall be provided at regular intervals not to exceed 200 feet and shall be protected against erosion.

(iv)

Perimeter berm and swale systems need not be required along shorelines where such lake systems adjoin wetland areas and where the unrestricted water movement from one water body to another is necessary to promote proper hydroperiods and biological integrity.

(v)

A perimeter greenbelt of vegetation consisting of tree and shrub species indigenous to the area may be constructed in addition to ground cover. The greenbelt shall be at least 120 feet wide and shall have a slope no steeper than 30 feet horizontal to one foot vertical.

(vi)

Sequence and schedule of reclamation. The reclamation plan shall include:

A.

The reclamation sequence of the reclamation units for the life of the mine shown on a year-by-year basis;

B.

The schedule of reclamation operation and completion of the reclamation units for the life of the mine shown on a year-by-year basis.

(9)

Nonpoint source pollution control. The applicant shall control nonpoint sources of pollution of air and water resources in accordance with applicable state and local requirements.

(10)

Settling pond disposal. Waste materials or other materials with high contents of clay shall be disposed of only within settling ponds or sand/clay reclamation sites. The sand/clay reclamation sites shall be posted and enclosed within a fence unless otherwise approved by the County Administrator or his designee.

(11)

Settling ponds. All dams containing settling and thickening ponds will be located, designed, constructed, and maintained in compliance with the applicable rules and regulations of the Florida Department of Environmental Protection, and in accordance with sound engineering practice. Outlet structures from settling ponds will be designed and constructed according to accepted, sound engineering practice.

(12)

Pipelines. The applicant shall provide positive protection, such as alarms and containment systems, against any significant discharge, leak or other release of materials from pipelines that are external to the rainfall catchment area of the water reticulation system.

(13)

Roadway impacts, improvements and repairs. Where the transportation analysis of the applicant's approved phosphate mining master plan indicates that the safety, circulation capacity or stability of County-maintained roads or rights-of-way must be improved to allow utilization of such roads or rights-of-way by an operating permit, such applicant shall reimburse the County for the actual cost of the improvements necessary to allow utilization of such roads or right-of-way by the applicant. Such reimbursement shall not exceed the applicant's proportionate share of the improvement necessary to allow utilization by the applicant. An applicant shall not be required to pay for improvements relating to preexisting conditions as established in said transportation analysis or conditions unrelated to its activities, except when such improvements are an integral part of the work necessary to ensure the safety, circulation capacity or stability of the affected roads or rights-of-way. The County Administrator shall administer any construction required under this section. The applicant shall reimburse the County for the actual cost of all necessary improvements as said improvements are constructed. Prior to any construction required under this section, the applicant shall furnish a performance bond sufficient to indemnify the County against failure of the applicant to reimburse the County. All monies received by the County under this provision shall be segregated in separate accounts and disbursed only for improvements necessitated by the particular applicant's utilization of County-maintained roads or rights-of-way. In the alternative the applicant may propose to undertake and complete the required road or right-of-way improvements with County reimbursing the applicant for any costs that exceed the applicant's proportionate share of the improvements that are necessary to allow utilization by the applicant.

(14)

Roadway crossings. No crossings of County roads, easements or rights-of-way by mining equipment, which by crossing could damage same, shall be permitted without the prior written approval of the County Administrator.

(15)

Sale of borrow material. If any material other than that proposed to be mined in the phosphate mining master plan is excavated on the property and is to be marketed for use off the mine site, the applicant shall apply for approval of all required earth moving or mining permits prior to the hauling of any such material on a County right-of-way.

(16)

Noise. Increases to ambient noise resulting from mining activities shall not exceed the levels established by the County, as measured at the applicant's property line, nor shall mining activities generate noise in excess of that allowed by regulations of Federal, State or local agencies.

(17)

Blasting. No blasting or other use of explosives shall be performed without the prior written approval of the County Administrator, who may issue appropriate orders for the public safety and control of nuisances. There shall be notice to the public in the newspaper one week prior to the blasting and notice shall be mailed to property owners within 2,400 feet of the blasting site.

(18)

Vibrations. All mining activities shall be performed in a manner that will prevent vibrations of the soil from reaching a magnitude sufficient to cause damage to a person's property outside the applicant's property.

(19)

Financial responsibility.

a.

Prior to the commencement of actual mining operations, every applicant shall furnish to the Board of County Commissioners evidence of financial responsibility in an amount based upon the total number of acres to be mined or excavated and utilized as settling pond areas during the first year of actual mining operations under the approved mining and reclamation plan according to the following schedules:

1.

For each acre of land to be mined or excavated: $5,000.00;

2.

For each acre-foot of the maximum above-grade storage of the largest settling pond, sand/clay mix settling area or thickening pond approved during the first year of actual mining: $1,000.00.

b.

Such evidence of financial responsibility shall be by:

1.

Evidence of insurance, surety bonds, letters of credit, or other financial instruments acceptable to the County, where a payee is required it shall be payable to the County, to cover all costs and expenses of completion of reclamation of any areas which are not reclaimed as required by the approved master mining and reclamation plan and the costs of cleanups of any pollutants released by failure of any settling or thickening pond, dam, spillway or other outlet structure and damages to public lands and waters caused thereby; or

2.

A financial statement which has been audited and certified without qualification by a certified public accountant giving indication of ability to respond to liability in the amounts determined according to the above schedule. If the statement reflects the financial position of the applicant as of a date more than 60 days prior to the date of filing of the application it shall be accompanied by copies of all interim balance sheets, if any, of the applicant certified by the chief financial officer to be true and correct; and if the latest interim balance sheet reflects the applicant's financial position as of a date more than 60 days prior to filing of the application, by a certification of the chief financial officer of the applicant dated no earlier than 60 days prior to filing that no material adverse changes have occurred to the applicant's financial condition in the interim. The applicant shall be responsible for payment of all reasonable costs incurred by the County, including, but not limited to, the fees of any accountant or financial consultant, in the review of such financial statement. The above notwithstanding, if at any time the Board of County Commissioners should determine that the applicant is of doubtful ability to respond to liability in the amount determined according to the schedule in Subsection (c)(19)a of this section, the Board may require the applicant to provide evidence of financial responsibility in the manner provided in Subsection (c)(19)b.1 of this section.

3.

Subsequent proofs. At the time of submission of the annual report the applicant shall provide updated financial information and proof of financial responsibility applicable to each prospective unit.

(20)

Financial responsibility; annual review.

a.

Each year at the time of annual review the applicant shall furnish to the Board of County Commissioners evidence of financial responsibility updated to the anniversary date. The amount shall be based upon the following schedule:

1.

For each acre of land to be mined in the year following the anniversary date: $5,000.00;

2.

For each acre of land mined or previously covered by a settling pond, sand clay mix area, or thickening pond but not reclaimed in compliance with this division and the operating permit as of the anniversary date: $5,000.00, which amount shall be reduced to $2,000.00 per acre upon completion of the initial revegetation;

3.

For each acre-foot of the maximum above-grade storage of the largest settling pond, sand/clay mix settling area or thickening pond in the year following the anniversary date: $1,000.00;

b.

At the annual review when the last mining unit of the master mining plan is presented, the operator shall demonstrate to the Board of County Commissioners adequate financial ability to ensure the completion of all land reclamation in adherence to the master mining plan. Such evidence shall be by:

1.

Evidence of insurance, surety bonds, letters of credit, or other financial instruments acceptable by the County, where a payee is required it shall be payable to the County, to cover all costs and expenses of completion of reclamation of any areas which are not reclaimed as required by the approved master mining and reclamation plan and the costs of cleanups of any pollutants released by failure of any settling or thickening pond, dam, spillway or other outlet structure and damages to public lands and waters caused hereby; or

2.

A financial statement which has been audited and certified without qualification by a certified public accountant giving indication of ability to respond to liability in the amounts determined according to the above schedule. If the statement reflects the financial position of the applicant as of a date more than 60 days prior to the date of submission of the annual unit review and the annual operating report it shall be accompanied by copies of all interim balance sheets if any, of the applicant certified by the chief financial officer to be true and correct: and if the latest interim balance sheet reflects the applicant's financial position as of a date more than 60 days prior to submission of the annual unit review and annual operating report, by a certification of the chief financial officer of the applicant dated no earlier than 60 days prior to filing that no material adverse changes have occurred to the applicant's financial condition in the interim. The applicant shall be responsible for payment of all reasonable costs incurred by the County, including, but not limited to, the fees of any accountant or financial consultant, in the review of such financial statement. The above notwithstanding, if at any time the Board should determine that the applicant is of doubtful ability to respond to liability in the amount determined according to schedule in Subsection (c)(20)a of this section, the Board may require the applicant to provide evidence of financial responsibility in the manner provided in Subsection (c)(20)b.1 of this section.

c.

Insurance. The applicant shall provide certificates of insurance showing that the applicant has liability insurance policies issued by an insurance company authorized to do business in the state covering:

1.

Personal injury, including death, in an amount not less than $5,000,000.00 per occurrence;

2.

Property damage in an amount not less than $5,000,000.00 per occurrence; and

3.

Environmental damage, for the removal, neutralizing or cleaning up outside the mine site of any substance released or escaped which caused environmental impairment, or which could cause environmental impairment if not removed, neutralized, or cleaned up, in an amount not less than $20,000,000.00. Such coverage shall be applicable over the term of the operating permit.

(d)

Standards for operating permit issuance. If review of the operating permit application shows that the proposed mining activities will not result in substantial, adverse environmental impacts, the applicant shall affirmatively demonstrate that it has met all requirements for operating permits, and that the proposed mining activities are consistent with the purposes of this division and with the approved phosphate mining master plan.

(e)

Effect of operating permit issuance. Issuance of an operating permit shall entitle the applicant to begin mining activities. An operating permit shall be valid for a period of five years unless suspended or revoked prior to that time. If the annual reviews demonstrate compliance with the terms of the phosphate mining master plan and the operating permit then the Board may, at its discretion, extend the term of the operating permit for an additional five-year period without requiring a new application by the applicant. An applicant shall have five years from the date the operating permit is issued to commence mining activities; if mining activities are not commenced within said time, the operating permit, shall be void, unless the Board in its discretion grants an extension for good cause.

(LDR, § 10130; Ord. No. 2012-06, app. A, § 3, 10-23-2012; Ord. No. 2014-05, att. A, § 1b), 10-28-2014)

(a)

Initial application.

(1)

Completeness. Within 30 days after receipt of an application, the County Administrator shall examine the application and notify the applicant in writing that the application is complete or alternatively notify the applicant in writing of any apparent errors or omissions, and request any required additional information. If additional information is required, the applicant shall provide it within 30 days, except that additional time may be allowed in writing if the applicant demonstrates that such extension is necessary to prepare the requested information. The County Administrator shall have 15 days to review the additional information to determine completeness and shall advise the applicant in writing of such determination. If an applicant decides that the additional information cannot be furnished, the applicant shall advise the County Administrator of its position and reasons therefor in writing; and the application shall then be processed as if it were complete. The Board of County Commissioners may, by resolution, deny an application if the applicant, after receiving timely notice, fails to correct the errors or omissions or to supply additional information, if such failure results in the requirements of this chapter not being met. Applications that are denied shall be returned to the applicant, who may reapply 90 days thereafter.

(2)

Compliance.

a.

After the County Administrator has determined the application is complete, the applicant shall be notified of such in writing. The application shall be reviewed by appropriate County departments and shall be referred to the Board of County Commissioners as expeditiously as possible. The compliance review shall be completed, and notice of public hearing regarding the application shall be issued, within 90 days after notification of application completeness, except that a larger period of time may be allowed upon written agreement of the applicant and the County Administrator.

b.

Because of the extensive time requirements for reviewing mining permits, if two or more applications for permits or approvals have been submitted to the County so that simultaneous processing and review are necessary, the Board may enlarge the time limits set for compliance determination by a reasonable period of time, not to exceed 90 days.

(3)

Notice and public hearing. Upon completion of the compliance review, the County shall cause notice of a public hearing concerning the application to be issued as soon as practical. In addition, notice of the time and place of the public hearings by the Board of County Commissioners shall be sent at least 15 days in advance of the first hearing by mail to all owners of property within 200 feet of the land for which the operating permit is sought. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the County. The applicant will pay for the cost of this notice.

(4)

Final decision. Final decision shall be rendered by the Board within 15 days of termination of the public hearing. Said final decision shall be supported by specific factual findings and shall be in one of the following forms:

a.

Approval of the application as filed;

b.

Approval of the application with conditions; or

c.

Denial of the application, which denial shall include the factual and legal bases for such denial. No permit shall be issued by the Board if there is found information set forth in the application or otherwise that the applicant cannot comply with the requirements of this division; or that the applicant has had any other permit issued hereunder revoked, or instrument of financial security posted to comply with this chapter forfeited, and the conditions causing the permit to be revoked or the bond to be forfeited have not been corrected to the satisfaction of the Board.

(b)

Amendment.

(1)

If an applicant proposes to change, or actually changes, its mining activities from those approved in a phosphate mining master plan or operating permit, it shall promptly file with the County Administrator a written request for an amendment thereto, signed by the applicant's authorized agent. Upon receipt of a request for amendment, the County Administrator shall determine whether or not the requested amendment is significant. Significant changes require notice and a public hearing before the Board. Significant changes shall also include, but are not limited to, any change in the location or manner of construction of a settling pond, water reticulation structures, or discharge points; permanent roads or other transportation facilities; and any other change that might reasonably result in substantially increased adverse impacts.

(2)

Any request for approval of a significant amendment shall comply with the procedures outlined for the original application as to the specific item to be amended.

(3)

Changes determined not to be significant shall be reviewed by the County Administrator. The time schedule for the review will be the same as that given in Subsection (a)(1) of this section, except that no Board of County Commissioners action is required.

(4)

Final decision. A final decision on changes not determined significant under this section shall be rendered by the County Administrator within 15 days of completion of review of the proposed amendment and shall be in one of the following forms:

a.

Approval of the amendment application as filed;

b.

Approval of the amendment application with conditions; or

c.

Denial of the amendment application, which denial shall include the factual and legal basis for such denial.

(5)

Amendment applications denied by the County Administrator may be appealed to the Board of County Commissioners.

(c)

Transfer.

(1)

An operating permit (or rights acquired thereby), may be wholly or partially transferred if, prior to such transfer, the transferee furnishes satisfactory evidence of financial responsibility as is then required to be maintained on account of the lands or interest therein to be transferred. The transfer shall be accomplished by the issuance of a transfer permit (or partial transfer permit) to the transferee. Upon approval by the Board of County Commissioners, the County Administrator shall issue such transfer permit at the request of the transferee or his authorized agent. Upon acceptance of the transfer permit, the transferee assumes the responsibility of compliance with all requirements of this division effective on the date of transfer, with all terms and conditions of the approved phosphate mining master plan, and, if applicable, the operating permit.

(2)

An application for transfer shall be approved by the Board, unless it determines that the prospective transferee has not fulfilled the above requirements. Failure to comply with the terms of this section shall be grounds for suspension or revocation of the phosphate mining master plan and/or operating permit and will result in both the original applicant and the transferee being liable for performance in accordance with this division until full compliance is established.

(d)

Subsequent permit procedures. At least six months prior to the expiration of the operating permit, the applicant shall apply for a new operating permit under the provisions of the ordinance that was in effect at the time of the original operating permit approval. The procedures for processing an application for a new operating permit shall follow those prescribed for obtaining an original operating permit. The then-current operating permit shall continue in existence until final decision on the new permit is rendered by the Board of County Commissioners. Upon issuance, new permits shall be valid for a period of five years; except that the Board may prescribe a shorter permit term if a previous permit was revoked or suspended. The application for obtaining new operating permits shall be accompanied by an appropriate fee, as prescribed in a schedule of fees established by the Board.

(e)

Annual progress reports and reclamation approval.

(1)

Progress report. Operators holding an approved phosphate mining master plan shall file with the Board within 45 days after each anniversary date of phosphate mining master plan approval, a written report with five copies and an electronic copy, which shall include the following information:

a.

The schedule of mining operation and completion of the mining unit, including identification of lands mined during the preceding year and lands expected to be mined during the current year;

b.

The schedule of reclamation operation and completion at the reclamation unit, including a discussion of the reclamation progress in each previously mined parcel except those for which reclamation has been released, and discussion of reclamation planned for the current year in said parcels;

c.

Aerial photographs at a scale acceptable to the County of all areas disturbed by mining activities throughout the life of the mine, excluding those reclaimed areas which have been approved in accordance with Subsection (e)(4) of this section.

d.

A summary of results of the previous year's environmental monitoring program indicating the magnitude and frequency of air and water quality parameters and mass loading of same exceeded applicable ambient or effluent emissions standards. Any significant trends in degradation of ambient air and water quality shall also be discussed along with any measures being taken to correct or improve the performance of pollution control systems;

e.

A review and update of the applicant's financial responsibility in accordance with the provisions of Section 20-974(c)(19); and

f.

The applicant shall also furnish the County Administrator with copies of all inspection reports not previously furnished, which are required by state or federal regulatory agencies.

g.

Emergency response plans. The operator shall prepare emergency response plans to be followed in the event of a dam failure for each settling pond, sand clay mix area or thickening pond currently active or to become active in the following operational year. Each plan shall include mapping showing areas subject to downstream flooding and a notification of local and State officials. All appropriate operator employees shall be trained in the implementation of the emergency response plans. The operator shall maintain records documenting such training.

(2)

Certification by engineer or geologist. A State-registered professional engineer or geologist employed by the applicant, commissioned by the applicant and familiar with the applicant's mining activities, shall certify in the annual progress report that the project is being developed and operated in strict accordance with the conditions set forth in the approved phosphate mining master plan and operating permit and in accordance with generally accepted engineering practices.

(3)

Failure to file. Failure to file the required annual progress report shall be grounds for suspension of the operating permit. An extension of time for filing may be granted by the County Administrator upon request and for good cause shown.

(4)

Reclamation approval. Release of reclaimed areas shall be requested in the annual progress report by identifying the specific parcels for which approval is sought. Reclamation of disturbed lands shall be deemed completed after the applicant has demonstrated to the County Administrator that the specific parcels have been reclaimed in accordance with the approved phosphate mining master plan and operating permit. Certification shall only be given for completion of an entire reclamation unit after the permittee has demonstrated that viable vegetative cover has been attained at the approved densities. Specific parcels shall be approved or denied in writing by the County Administrator within 60 days of receipt of the annual progress report. Specific reasons shall be cited for denial of any parcels. Upon approval of reclaimed parcels by the County Administrator, the reclamation bond shall be released or applied to parcels to be disturbed in the ensuing year, as appropriate.

(5)

Fees. Submission of the annual progress report shall be accompanied by an appropriate fee, as prescribed in a schedule of fees established by the Board of County Commissioners.

(LDR, § 10140; Ord. No. 2012-06, app. A, § 4, 10-23-2012; Ord. No. 2014-05, att. A, § 1b), 10-28-2014)

(a)

Absolute liability. As a condition of the issuance of any operating permit under this division, the applicant shall be subject to absolute liability, without necessity of proof of negligence in any form or manner, to any injured party for damages resulting from failure of any dam, spillway, or other outlet structure of a settling pond, or from failure of the applicant to complete any reclamation of lands as required.

(b)

Inspection. A representative of the County is authorized to enter and remain upon the premises of the applicant's mine for the purpose of inspection at any reasonable time in accordance with applicable safety guidelines, to ensure compliance with the terms and conditions of the operating permit, this division and the approved phosphate mining master plan. Inspectors shall give the applicant reasonable notice of the proposed inspection and shall allow the applicant an opportunity to provide appropriate personnel to accompany the inspector while on the applicant's premises. A copy of the inspection report will be provided to the applicant at its request.

(c)

Violations. In addition to those violations otherwise enumerated in prior sections of this division, it shall be a violation of this division, and it shall be prohibited:

(1)

To fail to fulfill any of the terms, criteria, standards or requirements of this division;

(2)

To fail to obtain any permit or approval required by this division or to violate or fail to comply with the terms of any approved phosphate mining master plan or any operating permit condition, or any other approval adopted or issued by the Board or Director of Public Works pursuant to lawful authority;

(3)

To fail to comply with the approved mining operation and completion schedule of each mining unit and/or fail to comply with the approved reclamation operation and completion schedule of each reclamation unit provided that violation of this subsection shall not result in criminal sanctioned penalties as provided in Subsection (f)(1) of this section;

(4)

To fail or refuse to comply with a notice of violation as described in Subsection (d) of this section unless an appeal is filed and the Board withdraws such notice of violation. Each day of continuing violation shall constitute a separate violation;

(5)

To knowingly make any false statement, representation or certification in any application, record, report, plan, map or other document filed or required to be maintained under this division or to falsify, tamper with, or knowingly render inaccurate any monitoring device required to be maintained by this division or by any permit or approval issued under this division;

(6)

To fail to notify the County Administrator within five business days of any changes from the approved phosphate mining master plan or operating permit, or changes ordered or required by Federal or State agencies;

(7)

To fail to provide the County Administrator with copies of any notice of violation, noncompliance order, stop work order or other written notification by any State or Federal agency of any alleged violation of or failure to comply with any law, ordinance, regulation, or order, within 48 hours of receipt of such notification by the applicant; and

(8)

All otherwise applicable statutes or regulatory requirements of federal, state, and local agencies are made a part of this division, and a violation of any such requirement relating to the regulation of phosphate mining shall constitute a violation of this division.

(d)

Administrative enforcement procedures.

(1)

Notice of violation. If at any time during the term of the permit the permittee fails to comply with phosphate mining master plan or the operating permit or the appropriate rules and regulations of other departments or agencies of the County, the County Administrator shall immediately notify the permittee in writing by certified mail and shall order corrective action. Written notification may be dispensed with in the event that circumstances establish that irreparable harm may occur if immediate action is not taken. However, the County shall make a reasonable attempt to notify the permittee by telephone or oral communication when a Board action is essential for the public health, safety, and welfare. Unless the County determines that a shorter period of time is required due to the nature of the violation, the permittee shall generally have ten days to correct the violation. If the permittee has commenced corrective action but requires additional time to complete such actions, the County may allow additional time to correct the violation.

(2)

Appeal. The applicant may request the Board of County Commissioners to review and withdraw a notice of violation not later than ten days after receipt thereof. An appeal does not authorize the noticed activities to continue or recommence and does not stay the effect of the notice of violation. The Board will expedite the scheduling of a hearing on the appeal to the extent possible.

(3)

Compliance. Compliance with a notice of violation shall be reported to the Board by written confirmation from the County Administrator. Should the violation activity not be corrected within the prescribed time or any extension thereto, or should an appeal be unsuccessful or not be filed within the prescribed time, the operating permit shall be suspended pending proof of compliance by the applicant. Under appropriate circumstances if the public health, safety or welfare, is threatened, the operating permit may be revoked by the Board.

(4)

Evidence of financial responsibility. In addition, the Board may require the operator to provide evidence of financial responsibility in the manner provided for in Section 20-974(c)(20)b.1, to ensure that a violation of this division, the rules and regulations adopted hereunder, including approved mining operations and completion schedule of each mining unit and/or approved reclamation operation and completion schedule of each reclamation unit, is corrected or cured. The Board may, at any time, take such actions as it deems necessary to cure a violation. The operator shall be liable for all costs of the County in curing a violation or completing reclamation, and the County shall have the right to proceed against any financial responsibility in order to recover such cost. The remedies provided for in this section are cumulative to remedies and penalties otherwise set forth in Subsection (f) of this section.

(e)

Suspension or revocation of permits and approvals.

(1)

The Board, by resolution, may suspend a previously issued phosphate mining approval or permit as herein provided if it determines that the applicant is in violation of the terms of this division, the phosphate mining master plan or the operating permit.

(2)

The Board, by resolution, may revoke a previously issued phosphate mining approval or permit as provided herein only if it determines that the permitted activity has become a present, immediate danger to the public health, safety or welfare.

(3)

Prior to any suspension or revocation, the Board shall give not less than 15 days written notification thereof by certified mail to the applicant. Such notification shall contain a statement of the reasons why the approval or permit may be suspended or revoked and references to applicable ordinance provisions or permit conditions.

(4)

The applicant may file a written explanation no later than ten days after notice of the proposed suspension or revocation is served upon it, and in such submission may request a public hearing before the Board.

(5)

No permit shall be suspended or revoked before the applicant is afforded notice and an opportunity for hearing before the Board, unless the Board determines that danger to the public is imminent, in which case it may order temporary suspension of specifically described activities until such time as a hearing is held.

(f)

Judicial enforcement procedures.

(1)

Criminal penalties. Violation of this division shall constitute a criminal misdemeanor offense and shall be punishable as provided by general law for misdemeanors. Each day of continued violation shall be considered a separate offense.

(2)

Civil remedies. In its discretion, the Board is authorized to commence the following actions:

a.

The Board may institute a civil action in a court of competent jurisdiction to establish liability and to recover damages for any injury to the air, waters or property, including animal, plant and aquatic life of the County caused by such violation. If it prevails, the County shall be entitled to the award of costs and reasonable attorney's fees.

b.

The Board may institute a civil action in a court of competent jurisdiction to impose and recover a civil penalty for each violation including a violation of the approved mining operations and completion schedules for each mining unit, and/or approved reclamation operations or completion schedules for each reclamation unit in an amount not to exceed $100,000.00 per offense. Each day of continuing violation shall be deemed a separate offense for purposes of penalty assessment. In determining the severity of the penalty, the court should consider the applicant's history of permit violations; the appropriateness of such penalty to the business of the applicant; the seriousness of the violation, including any irreparable injury to the environment and any hazards to the health or safety of the public; whether the violation was willful; and the demonstrated good faith of the applicant in attempting to achieve rapid compliance after notice of the violation. If it prevails, the County shall be entitled to the award of costs and reasonable attorney's fees.

c.

The Board may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this division, or any regulation, permit or approval thereunder; to enjoin any violation of this division, including a violation of the approved mining operations and completion schedules for each mining unit, and/or approved reclamation operations or completion schedules for each reclamation unit and to seek injunctive relief to prevent irreparable injury to the air, waters and property of the County and to protect human health, safety and welfare caused or threatened by any violation. If it prevails, the County shall be entitled to the award of costs and reasonable attorney's fees.

d.

In addition, failure of any dam, spillway or other outlet structure or settling pond or any other cause attributable to the applicant's mining activities resulting in degradation of the existing quality of any waters outside the applicant's property which the applicant has failed to remedy, shall subject the applicant to a civil penalty to be paid to the County in an amount equal to the cost of restoration of water quality in the affected area, all costs of cleanup, and administrative costs, legal costs and reasonable attorney's fees.

(3)

County Environmental Restoration Fund. Any monies recovered by the Board in an action against any person who has caused damage to natural resources or the environment of the County in violation of this division shall be used to restore the damaged area which was the subject of suit to its former condition. There is hereby created the County Environmental Restoration Fund, which is to be supervised and used by the Board to restore damaged areas of the County. This fund shall consist of all monies recovered as described above. The monies shall be disbursed first to pay all amounts necessary to restore the respective damaged areas that were the subjects of County actions. Any monies remaining in the fund shall then be used by the Board, as it deems appropriate, to pay for any work needed to restore areas that required more money than the County was able to obtain by court action or otherwise, or to restore areas in which the County brought suit but was unable to recover any monies from the alleged violators.

(LDR, § 10150; Ord. No. 2012-06, app. A, § 5, 10-23-2012; Ord. No. 2014-05, att. A, § 1b), 10-28-2014)

(a)

The Board of County Commissioners finds that properly designed excavations can provide important resources for the County by supplying vital building materials, supporting agricultural operations, controlling stormwater runoff, enhancing wildlife habitat and creating scenic beauty; but in order to minimize any detrimental effects of excavation and mining upon the citizens and environment of the County, it is necessary to adopt land development regulations governing excavation activities.

(b)

The Board of County Commissioners also finds that while excavation sites may be beneficial to the citizens of the County in certain instances, an excessive number of excavation sites and unlimited classifications of unregulated excavation operations in close proximity cause unsafe road conditions, excessive noise, cumulative environmental and infrastructure damage and diminish the quality of life of the citizenry such that limits on the number, proximity and characteristics of specific classes of excavation operations must be implemented to protect the public health, safety and welfare of the citizens as well as the environment and infrastructure within the County.

(LDR, § 10201; Ord. No. 2007-10, art. I, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014)

For the purpose of this division, the following terms shall have the meanings set forth hereafter. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory:

Assurance agreement means the contact between the operator and the County for the operator to undertake reclamation of an excavation site as provided in this division.

County Administrator means the chief executive of the County.

County Engineer means the individual designated by the Public Works Director or the County Administrator to represent the County's engineering interests. This individual is to be a licensed engineer in the State.

Comprehensive Plan means all local plans, maps, elements or portions thereof, meeting the requirements of F.S. §§ 163.3177 and 163.3178, as such may be amended from time to time, and approved by the State Department of Community Affairs, which have been adopted or amended by the County and intended to control and direct the use and development of property within the County by dividing it into districts according to the present and potential use of the properties.

DEP means the Florida Department of Environmental Protection.

Development Department means a branch of County government that accepts, reviews, recommends approval or denial and/or approves or denies applications for development within the County.

Development plan means a drawing pictorially representing the land use elements proposed for a parcel of land within the County, either scaled or schematically illustrated and supported by documentation where warranted or required pursuant to this division or other governmental laws, ordinances, rules or regulations.

Dewatering pump means a device powered by fuel or electricity used to lower existing groundwater levels to facilitate excavation.

Effective date means May 22, 2007, the date the ordinance from which this division is derived became effective.

Environmental assessment means a study produced to determine the presence of jurisdictional wetlands, protected wildlife species, protected species habitat and/or hazardous material.

Excavate or excavation means the creation of any manmade cut, cavity, trench or depression in the earth's surface formed by removal of earth, intended to change the grade or level of land, or intended to penetrate or disturb the surface of the earth, including land beneath the waters of the state, but does not include soil tilling for farming purposes, phosphate mining, or any other type of mining preempted as being subject to the jurisdiction of the state.

Excavation limits means the boundary of the excavation operations, including the haul route, permitted within the excavation site. If the excavation limits are different than the owner's property boundary, it is to be described by metes and bounds.

Excavation permit means a document, signed by the Development Director or his/her designee, permitting excavated material to be hauled off the excavation site. The excavation permit is also sometimes referred to as a notice to commence.

Excavation plan sheet means construction drawings, signed and sealed by a licensed professional engineer in the State, that illustrate how a proposed excavation conforms to the standards outlined in this division.

Excavation site means the parcel of property upon which the operator intends to conduct, or is conducting, excavation operations.

Future land use means the Comprehensive Plan designation of the use to which a parcel may be put, as assigned by the County, to promote the most advantageous development of the community as designated on the future land use map and the goals, policies and objectives listed in the future land use element of the Comprehensive Plan.

ITE means Institute of Transportation Engineers.

Land development regulations (or LDRs) means all the adopted regulations of the County that govern the development and use of property within the County.

Mitigation bank means a wetland, stream, or other aquatic resource area that has been restored, established, enhanced or (in certain circumstances) preserved for the purpose of providing compensation for unavoidable impacts to aquatic resources permitted by Federal, State or Local regulations. Permittee-Responsible Mitigation is included within this definition.

Notice to proceed means a document signed by the Development Director or his/her designee that signifies the approval of construction plans and allows improvements to be made to the excavation site in preparation for excavated material to be hauled from the excavation site. This may be issued with limitations. This is not an excavation permit or notice to commence.

Operator means the person authorized, in accordance with an approved application, to be in charge of and responsible for the conduct of excavation operations at an excavation site.

Public Works Department means a branch of County government that conducts or oversees all construction projects undertaken by the County.

Reclamation plan sheet means the plan for the reclamation, per F.S. ch. 378, of land that has been disturbed or affected by excavation operations.

Reservoir (water) means an artificial lake where water is stored. Reservoirs are also formed by constructing dams across rivers or from a natural lake whose outlet has been dammed to control the water level.

Rural agricultural and rural residential means future land use categories that apply to land in the County as depicted on the future land use map and further defined in the future land use element in the Comprehensive Plan.

SWFWMD means the Southwest Florida Water Management District.

Traffic study means a document prepared by a licensed professional engineer in the State that reports anticipated traffic generated by a proposed development, existing traffic conditions, affect of proposed traffic on existing roadways and details mitigation of any impacts.

(LDR, § 10202; Ord. No. 2007-10, art. II, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014; Ord. No. 2019-16, § 2, 8-27-2019)

(a)

Title. The regulations in this division shall be known as the excavation management regulations.

(b)

Purposes. The primary purposes of this division are to:

(1)

Define excavation applicability, which is the subject of these provisions;

(2)

Require that an excavation permit be obtained prior to any excavation except where specifically exempt from the provisions of this division;

(3)

Establish minimum standards for excavation and excavation operations;

(4)

Establish minimum standards for reclamation and post-excavation uses;

(5)

Provide for allowing the extraction of valuable resources while still providing for the protection of the public health, safety and welfare, the protection of the County's environment, and the subsequent beneficial use of the disturbed and reclaimed land;

(6)

Provide for the proper enforcement of these regulations; and

(7)

Ensure compliance with the County Comprehensive Plan.

(c)

Excavation permit required. Unless otherwise exempt from the provisions of this division, no excavation or excavation operations shall be conducted unless a valid excavation permit has been issued by the County. Permits from other governmental authorities may also be required.

(d)

Applicability/exemptions.

(1)

The provisions of this division shall also apply to any excavation or excavation operations regardless of extent, but only if material is removed from the excavation site and all excavations shall be size-classified and permitted as follows:

a.

Permitted minor (Type I application). Applications indicating intent to excavate and remove from the excavation site no more than 8,000 cubic yards cumulatively in less than a six-month period shall be a permitted use in all land uses and districts.

b.

Special exception minor (Type II application). Applications indicating intent to excavate and remove from the excavation site at least 8,000 but not more than 80,000 cubic yards cumulatively in less than an 18-month period, shall be considered and permitted only as a special exception, allowed in the rural agricultural or rural residential future land uses if located in either the A-5 or A-10 zoning districts, or in a future land use other than rural agricultural or rural residential meeting the following criteria:

1.

Is part of a preexisting development plan for a project that has been issued a notice to proceed by the Development Department; and

2.

Can demonstrate that, in order to complete the development project, it is physically impossible to retain the dirt within the excavation site and still complete the minimum development requirements for stormwater retention/detention required.

c.

Special exception major (Type III application). Applications indicating intent to excavate and remove from the excavation site at least 80,000 but not more than 500,000 cubic yards cumulatively, in less than a 42-month period, shall be considered and permitted only as a special exception, only allowed in the rural agricultural or rural residential future land uses and must be in either the A-5 or A-10 zoning districts.

d.

Special exception maximum (Type IV application). Applications indicating intent to excavate and remove from the excavation site at least 500,000 cubic yards cumulatively, in less than a 60-month period, shall be considered and permitted only as a special exception, only allowed in the rural agricultural future land use and A-10 zoning district and a prohibited use in all other future land uses and zoning districts.

(2)

In addition to any special exception requirements listed herein, the special exception requirements within Article XI, Division 5, of this chapter shall apply to Type II, III and IV excavation permits, specifically, but not limited to applicable advertising and notification requirements.

(3)

The Board of County Commissioners has determined that excavation sites that cannot be classified in the four classification types listed in Subsection (d)(1) of this section will result in such excessive duration, excessive excavation operation density or excessive excavation operations in incompatible areas of the County that such excavation sites and excavation operations should not be permitted in the County.

(e)

Determination of applicability. For purposes of determining total excavation from an excavation site, the cumulative cubic yardage proposed to be taken from an excavation site shall be calculated by including any amount excavated from the excavation site in any ten-year period prior to the application for excavation permit. Said calculation shall include any property subdivided from a larger parent tract. Cumulative excavated yardage shall not be determined solely by any individual excavation area but shall be considered in the context of all other excavation areas on the property (or former property if contiguous ownership or split off in the past 20 years), excavation areas in contiguous ownership or control, existing permitted excavation operations or similar factual considerations shall be considered in the context of making such a determination. Any attempts to circumvent the excavation site dispersion intent of this division shall be rejected. The County Engineer shall make this determination and his/her determination shall be final.

(f)

Expansions of existing or previously permitted facilities. Expansions shall be considered completely new applications subject to all requirements herein, except that cumulative yardage previously excavated shall be considered in determining the appropriate application classification (i.e., Type 1, Type II etc.) as provided in Subsection (d) of this section. The cumulative yardage excavated shall be determined in the same manner as above for purposes of determining application type and permitting process. For example, if an earlier permit for 300,000 cubic yards was issued and an additional 300,000 cubic yards are proposed in an expansion application, the expansion would be considered a Type IV special exception and would be required to meet the requirements for a Type IV excavation permit.

(g)

Exempt excavations. The following excavations are exempt from these provisions regardless of size or the removal of materials as provided below:

(1)

Excavation approved under other County regulations if excavated material is used on the same excavation site and all other applicable permits from other regulatory agencies are obtained. In this instance, the term excavation site shall also include interconnected sites where no public or private roads are utilized. The necessity to cross a road shall mean the parcels on either side of the road are not interconnected unless it is a local road, such road is steel plated (or other method of protection approved by the County Engineer) and the crossing is properly signed. The road section crossed must also be bonded in the amount of 150 percent of the applicant's engineer's estimate to repair the crossing, as approved by the County Engineer.

(2)

Excavation by the County, Florida Department of Transportation (FDOT) and the Southwest Florida Water Management District in connection with the construction or maintenance of public facilities or for public purposes. This shall include the excavation of drainage ditches and basins by these entities for valid surface water management purposes. This shall not include stormwater facilities for private development or operations.

(3)

Excavation for the creation, expansion or maintenance of a mitigation bank duly permitted by the Southwest Florida Water Management District or for the creation, expansion or maintenance of a reservoir owned, operated and maintained by a regional water supply authority in which DeSoto County is a member.

(h)

Owner responsible for application. It shall be the responsibility of the owner to submit an application to the County Development Director to determine whether an exemption applies prior to any excavation for which an excavation permit has not been issued. Failure to do so shall be considered a violation of this division, subjecting the owner to penalties outlined herein.

(LDR, § 10203; Ord. No. 2007-10, art. III, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014; Ord. No. 2019-16, § 3, 8-27-2019)

(a)

Application submittal. The applicant shall submit a complete application with all required submittals as listed herein.

(b)

Application review. Initially the application will be reviewed for sufficiency. This shall be done within ten working days after receiving the application to see if the application is complete. If the application is not complete, the application shall be returned and not reaccepted until the deficiencies are corrected. Once the application is determined sufficient it shall be routed and reviewed by County staff. Review comments made by County staff will be presented to the applicant and corrected by the applicant's engineer and resubmitted. This process shall be repeated until the application is properly completed. However, if the applicant fails to resubmit the corrected application within 90 calendar days of the County staff's request for application correction, the application shall be considered rejected and the applicant must begin the process again from the start with a new application.

(c)

Application approval and notice to commence. The Development Director shall issue the Type I excavation permit (notice to commence) once all requirements are met and comments have been satisfactorily addressed. These requirements shall include but shall not be limited to the following: All design requirements or special conditions are met within the plans, all bonds posted, all SWFWMD, FDOT, DEP, Army Corps of Engineers, U.S. Fish and Wildlife and any other applicable outside agency permits have been acquired.

(LDR, § 10210; Ord. No. 2007-10, art. IV, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014)

(a)

Application for Type I excavation permit approval. The following application submittals shall be made to the Development Department. When the Development Director and County Engineer determine that the application and all submittals have sufficiently met all standards herein and satisfactory addressed all concerns related to the application, an excavation permit (notice to commence) shall be issued by the Development Director. No preliminary application or notice to proceed is required for Type I excavation permits.

(b)

Application forms and submittals. Incomplete applications shall not be accepted or shall be later returned upon discovery of incompleteness. A complete application shall consist of the requested number of copy sets as requested on the application. Each set shall include the following:

(1)

A fully completed Type I excavation permit application form signed by both the owner and any contractor/hauling operator;

(2)

Proof of ownership;

(3)

An aerial photo showing the excavation limits proposed, property boundary, and surrounding property within 500 feet;

(4)

Plans, drawings, and other submittals demonstrating compliance with the design requirements (engineered construction drawings for any required improvements, where determined necessary by the County Engineer);

(5)

Any outside agency applications submitted and permits received, if applicable;

(6)

Payment of all applicable application and review fees and all enforcement fees;

(7)

Posting of all required sureties satisfactory to the County, for any excavation site reclamation (this shall include an executed assurance agreement for reclamation but this requirement shall not apply for a SWFWMD Facilitating Agricultural Resource Management Systems ("FARMS") project); and

(8)

Other supplemental submittals necessary to fully explain the application as determined by the County Engineer.

(LDR, § 10211; Ord. No. 2007-10, art. V, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014)

(a)

Minimum standards and requirements. The following standards and requirements shall be considered minimum standards for Type I excavation operations. The Board of County Commissioners hereby delegates authority to the County staff to require additional or stricter standards and requirements in their sole discretion, when a higher standard is necessary to protect the public interest, health, safety, welfare and infrastructure due to the specific facts surrounding a particular application. These facts shall include, but not be limited to, information regarding locations, affected properties and their uses, and other relevant factors. Similarly, County staff in its sole discretion may waive requirements where such standards are not applicable and serve no valid public purpose as indicated by the specific facts related to a particular application. This delegated discretion shall be used on a limited basis and shall be justified in writing on or attached to the permit thereto.

(b)

Excavation setbacks. The top of slope of any excavated area, all materials stockpiles, dewatering ponds and all facilities in connection with excavation operations shall be set back 50 feet from all excavation site property lines. This shall not include required buffers and approved entrances/exits, which may be within setbacks. For minor excavations for a pool or footer, this setback shall not apply.

(c)

Operational hours. Hours of operation, including all activities associated with construction, preparation, and operation or closing the excavation site and the excavation operations, shall be limited to Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.

(d)

Fencing. Silt screen fencing shall be required around the perimeter of the excavation site.

(e)

Dewatering pump. No dewatering pumps or similar type pump shall be permitted.

(f)

Stormwater management system. All permits from SWFWMD and/or DEP, as well as any other reviewing agency, shall be provided to the County for review prior to final approval of the excavation permit. The Board of County Commissioners hereby delegates authority to the County staff the right to implement more restrictive requirements than State agencies when deemed appropriate to protect the public health, safety and welfare. The system shall be subject to the approval of the County Engineer. Turbidity screens and silt barriers shall be used if required to protect the quality of any discharge outside the excavation site as required by the County Engineer.

(g)

Bank slopes. Slopes of the bank of any excavated area shall be one foot vertically to four feet horizontally measured from the final proposed grade of the surrounding excavation site, all the way to the toe of the slope of the excavated area, excluding excavations for specific construction purposes that will be rapidly backfilled such as pools, footers, etc.

(h)

Time limits of excavation operations. Excavation operations may be permitted for a Type I permit for a period of up to six months from the date the excavation permit (notice to commence) is issued. If excavation has not begun within three months after the date the excavation permit is issued, the excavation permit shall expire and a new application is required.

(i)

Routes. County staff may determine a required haul route to the nearest collector or arterial road. Staff will consider safety, condition of the route, impact to surrounding properties (specifically residences), and other relevant factors in determining this route.

(j)

Maximum size and depth. The maximum size of any permitted Type I excavation limit shall be 15 percent of the total excavation site square footage (less jurisdictional wetlands) or four acres, whichever is less. Note that any jurisdictional wetlands must be subtracted from the total excavation site square footage before the percentage is calculated. For example, a Type I excavation limit on a 150,000 square foot excavation site with 50,000 square feet of jurisdictional wetlands would be (150,000 - 50,000) x 15 percent = 12,500 square feet. The maximum depth of any Type I excavation shall be 20 feet, but in no case shall the excavation penetrate the aquifer-confining layer.

(k)

Administration/enforcement fees. Type I permittees are exempt from payment of enforcement fees.

(LDR, § 10212; Ord. No. 2007-10, art. VI, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014)

(a)

Preliminary application submittal. Type II, III and IV applicants shall submit a preliminary application with all required submittals as set forth herein. Although not specifically described or required, the applicant is encouraged to meet with County staff to go over specific excavation site issues, ask questions, and seek input prior to formally submitting an application.

(b)

Preliminary application sufficiency review. The County staff shall complete the preliminary application sufficiency review of the application within ten working days after receiving the application to determine if the application is complete. If the application is not complete, the application shall be returned and not reaccepted until the deficiencies are corrected.

(c)

Preliminary application review. Once the application is determined sufficient, it shall be routed and reviewed. Review comments made by County staff will be presented to the applicant and corrected by the applicant's engineer and resubmitted. This process shall be repeated until the preliminary plans are completed. However, if the applicant fails to resubmit the corrected application within 90 calendar days of the County staff's request for application correction, the application shall be considered rejected and the applicant must begin the process again from the start with a new application.

(d)

Preliminary letter of approval. The County staff shall issue a preliminary letter of approval once preliminary submittals are determined to meet minimum design standards, plus any other design requirements determined by County staff to be necessary to protect the public health, safety and welfare due to the unique nature of the proposed excavation site. Once this letter is received, the applicant may apply to SWFWMD and other outside agencies, and simultaneously submit construction plans. If it is determined that the excavation cannot be permitted at this location, a letter will be issued stating the reasons for the denial.

(e)

Special exception approval. Once a preliminary letter of approval is issued, the application shall be eligible to be scheduled for review as a special exception. In addition to the special exception standards found in Article XI, Division 5, of this chapter, any additional special exception standards found within this division will be used in this analysis. The application shall be approved, denied, or approved with conditions. If approved, the preliminary letter of approval shall be modified and the applicant shall be permitted to proceed to the next phase of permitting.

(f)

Construction plan submittal. Construction plans implementing any preliminary and special exception approval requirements, outside agency requirements, and all other design requirements shall then be submitted to the Development Department.

(g)

Construction plan review and notice to proceed. The County Engineer shall issue the notice to proceed once all submittal requirements are met. These requirements shall include, but shall not be limited to the following: all design requirements or special conditions are met within the plans, all bonds posted, any building permits issued, all SWFWMD, FDOT, DEP, Army Corps of Engineers, U.S. Fish and Wildlife and any other applicable outside agency permits are obtained and provided to the County. This shall permit the construction of required improvements within and without the excavation site. Material from the excavation site shall be permitted to be utilized in the construction of required excavation site improvements.

(h)

Notice to commence excavation (permit). The excavation permit (notice to commence) shall be issued once all construction improvements have been completed and approved by the County. The completed improvements may include, but shall not be limited to the following; turn lanes, deceleration lanes, berms, vegetative buffers, scale houses, paved entrances, etc., as provided herein.

(LDR, § 10220; Ord. No. 2007-10, art. VII, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014)

(a)

For Type II, III and IV applications, the following application submittals shall be made to the Development Department. When the Development Director determines that the application and all submittals have sufficiently met all standards herein and satisfactory addressed all concerns related to the application, the permit application shall be submitted to the Board of County Commissioners for consideration.

(b)

Application forms and attachments. A complete application and all submittals shall be made to the Development Department as required herein. Incomplete applications shall not be accepted or shall be later returned upon such discovery. A complete application shall consist of the requested number of copy sets as requested on the application. Each set shall include the following:

(1)

A fully completed preliminary excavation permit application form signed by both the owner and operator;

(2)

A boundary and topographic survey signed and sealed by a licensed surveyor in the State that includes a legal description of the excavation site and the excavation limits;

(3)

An excavation site plan and drawing submittals in accordance with Subsection (c) of this section;

(4)

An excavation plan sheet for the entire excavation site prepared in compliance with the minimum standards and requirements outlined in Subsection (c) of this section;

(5)

A reclamation plan sheet for the entire excavation site, prepared in compliance with the minimum standards and requirements outlined in Subsection (c) of this section (if submitting a preliminary plat, the preliminary plat application and all requirements of such an application should accompany the reclamation plan sheet);

(6)

A supplementary narrative to the excavation plan sheet and a supplementary narrative to the reclamation plan sheet;

(7)

An affidavit of agent authorization by the owner (where applicable), on the form provided;

(8)

An original and one copy of an adjacent owner statement of consent (where applicable), on the form provided;

(9)

Payment of all applicable application and review fees;

(10)

Any environmental assessments performed on the owner's property that includes the excavation site; and

(11)

Any traffic studies performed on the property, per ITE traffic standards.

(c)

Plan and drawing submittals required.

(1)

Minimum plan standards. Plans and other submittals shall be drawn at a scale of one inch equals 50 feet or larger (i.e., one inch equals 40 feet). The scale selected shall be the same throughout the sheets so that can be properly evaluated. The maximum sheet size for all plans shall not exceed 24 inches by 36 inches. Multiple sheets may be used, provided each sheet is numbered, the total number of sheets is indicated on each sheet, and an overall master sheet at a smaller scale is provided. Cross referencing between sheets shall be required. Necessary notes and symbol legends shall be included. Abbreviations should be avoided, but if used they shall be defined in the notes. All submittals shall include the designated name of the excavation, a north arrow, stated scale, graphic scale, and date of issue/revision. All plans must be clear, readable and fully dimensioned and prepared by and signed and sealed by a licensed professional engineer in the State.

(2)

Cover/administrative sheet. The following information shall be contained on the cover sheet:

a.

The name of the project;

b.

A site location map drawn to scale showing the relation of the excavation limits to section line, public roads, and natural waterways;

c.

A legend to include:

1.

Excavation site acreage and square footage;

2.

Scale;

3.

North arrow;

4.

Existing zoning and future land use;

5.

Preparation/revision date;

6.

Parcel numbers; and

7.

Any former approvals;

d.

The name, address and phone number of the owner, owner's representative, engineer/architect, surveyor, and other involved individuals; and

e.

Administrative excavation site data to include building square footages, future data information, phase explanations and any other necessary data.

(3)

Existing conditions/survey sheet. This sheet shall be signed and sealed by a licensed surveyor in the State and shall show existing conditions (at the same scale as aerial photo, excavation plan sheet and reclamation plan sheet). The following information shall be contained on the survey sheet:

a.

A boundary and topographic survey of the excavation site and legal description;

b.

Existing parcels and platted lots on the excavation site;

c.

Adjacent owners and adjoining property lines;

d.

Buildings and other improvements;

e.

Impervious and shelled areas on the excavation site;

f.

Abutting streets (with name, right-of-way width from centerline, total width, pavement width, driveway medians and median cuts);

g.

Sidewalks and bike paths;

h.

Ditches, canals, swales, and other stormwater structures;

i.

Utility lines (water, sewer, gas, electric, telephone, cable, stormwater conveyances including junctions and lift stations);

j.

Easements;

k.

100-year floodplain boundaries;

l.

Wetlands and waterways boundaries;

m.

Elevations at one-foot contours;

n.

Adjacent zoning and land use, as well as abutting adjacent site layout;

o.

Show existing surface contours of the excavation site and 100 feet of adjacent land to one-foot intervals as based on National Geodetic Vertical Datum 1929; and

p.

Show the location, description, and elevation of at least two permanent bench marks, located at opposite sides of the excavation site.

(4)

Aerial photo (same scale as other plans). The boundaries of the excavation site and excavation limits shall be over laid on the sheet.

(5)

Excavation plan (meeting minimum plan standards outlined in Subsection (c)(1) of this section). It shall be the responsibility of the applicant to properly and fully explain the complete extent of the excavation operations proposed and impacts caused by the proposal. The plan shall be titled "Excavation Plan" followed by the designated name of the excavation project and the name and address of the owner and operator on each sheet. The excavation plan shall be prepared as part of the set of all other required drawings and submittals. The excavation plan shall:

a.

Include a legal description for the excavation limits;

b.

Show all boundary bearings and distances;

c.

Describe corner monuments;

d.

Show the limits of the proposed excavated area and any phasing that is proposed;

e.

Show sufficient cross sections, notes and details to illustrate compliance with the minimum standards and requirements for excavation and excavation operations outlined in this division, including, but not limited to, jurisdictional wetlands, flood hazard areas, threatened and endangered species habitats, surface water management facilities, dewatering facilities, stockpile areas and haul roads;

f.

Show proposed structures, scales, and fixed equipment within the excavation site with the intended use for each indicated; and

g.

Show vehicle entrances and exits from the excavation site and vehicle travel routes outside of the excavation site to a connection with the public road system.

(6)

Excavation plan narrative. The excavation plan narrative shall:

a.

Be identified with the title "Narrative to Excavation Plan" followed by the designated name of the excavation project and the name and address of the owner and operator on each sheet;

b.

Bear a date of issue identical to that of the excavation plan and have pages numbered;

c.

Explain the purpose and objective of the excavation, material to be excavated, and general destination of excavated material;

d.

Include a schedule showing:

1.

Land area and volume of material to be excavated during each year; and

2.

The date when all excavation will be completed as determined from the date the excavation permit is issued.

(7)

Reclamation plan. The reclamation plan shall be identified with the title "Reclamation Plan" followed by the designated name of the excavation project and the name and address of the owner and operator on each sheet. The reclamation plan shall be a separate sheet as part of the plan set of all other required drawings and submittals and shall be drawn to minimum plan standards as listed above. The reclamation plan shall:

a.

Include a location map drawn to scale showing the relation of the excavation limits relative to section lines, public roads, and natural waterways;

b.

Show all boundary bearings and distances, describe comer monuments;

c.

Show the location, description and elevation of at least two permanent bench marks located at opposite sides of the excavation site; and

d.

Show sufficient cross sections, notes, and details to illustrate compliance with the minimum plan standards listed in this section.

Note: Valid SWFWMD "FARMS" projects shall only be required to submit whatever is prepared in accordance with National Resources Conservation Service (NRCS) standards.

(8)

Narrative to reclamation plan. The narrative to the reclamation plan shall be identified with the title "Narrative to Reclamation Plan" followed by the designated name for the excavation project the as well as the name and address of the owner and operator on each sheet. It shall also:

a.

Bear a date of issue identical to that of the reclamation plan and have each page numbered followed by the total number of pages;

b.

Include details of planting of vegetative cover;

c.

Include a schedule for:

1.

The commencement and phasing of all reclamation; and

2.

The planting of vegetative cover including the species, quantities needed and size upon planting;

d.

Include commitment for the maintenance of fences and surface water management facilities until reclamation is completed and accepted;

e.

Include a detailed signed and sealed engineer's estimate for all post-excavation improvements; and

f.

Include an estimated time schedule and final completion date for all reclamation.

Note: Valid SWFWMD "FARMS" projects shall only be required to submit whatever is prepared in accordance with NRCS standards.

(LDR, § 10221; Ord. No. 2007-10, art. VIII, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014)

The Board of County Commissioners finds that in the instances outlined in this section, the health, safety and welfare of the citizens of the County may be better served if the excavation limits outlined in this division were expanded as provided herein. However, such determination shall be made on a case-by-case basis, considering the specific facts surrounding each applicant's proposed excavation limits and proposed excavation operations. Consequently, the applicant/owner applying for a Type IV excavation permit shall be eligible to submit for bonus excavation area/density. The applicant/owner shall qualify for bonus density based upon voluntarily incorporating any of the elements listed below into the application. Each element and the applicable bonus are listed below.

(1)

Donation of public right-of-way to the County may entitle the applicant to an increase in the permitted excavation limits up to five percent or a maximum of 20 acres, whichever is less, if such increase and donation are determined to be in the public interest by the Board of County Commissioners.

(2)

Donation of property after reclamation (excluding jurisdictional wetlands) may entitle the applicant to an increase in the permitted excavation limits up to five percent or a maximum of 20 acres, whichever is less, if such increase and donation are determined to be in the public interest by the Board of County Commissioners. A donation of more than 20 acres (excluding jurisdictional wetlands) after reclamation may entitle the applicant to an increase in the permitted excavation limits up to ten percent or a maximum of 40 acres, whichever is less, if such increase and donation are determined to be in the public interest by the Board of County Commissioners. However, in no case shall such donation entitle the applicant to increase the permitted excavation limits by more than ten percent or a maximum of 40 acres, whichever is less.

(3)

Provision of at least 20 percent of the stormwater capacity of the post-excavation pond for public purposes may entitle the applicant to increase the permitted excavation limits up to five percent or a maximum of 20 acres, whichever is less, if such increase and provision are determined to be in the public interest by the Board of County Commissioners.

(4)

The Board of County Commissioners has determined that roadway upgrading and maintenance within the County is a paramount public concern. Consequently, a donation of ten cents per cubic yard for all material excavated from the project, to be used for roadway upgrading and maintenance, may entitle the applicant to increase the permitted excavation limits up to five percent or a maximum of 20 acres, whichever is less, if such increase and donation are determined to be in the public interest by the Board of County Commissioners. Each additional ten cent donation, for all cubic yardage excavated, may similarly entitle the applicant to increase the permitted excavation limits by up to an additional five percent or a maximum of 20 additional acres, whichever is less, if such increase and donation are determined to be in the public interest by the Board of County Commissioners. However, in no case shall more than a 15 percent increase in the permitted excavated limits or a maximum of 60 acres, whichever is less, be permitted.

(5)

The Board of County Commissioners has determined that the SWFWMD "FARMS" program greatly benefits the health, safety and welfare of the citizens of the County and protects and enhances the environment within the County. Consequently, approval of an applicant's project as a valid SWFWMD "FARMS" project, may entitle the applicant to increase the permitted excavation limits by up to an additional 15 percent or a maximum of 60 acres, whichever is less.

(6)

Approval of a post-excavation project for the approval of a development subdivision project incorporating at least 75 percent of the potential development density for the site, may entitle the applicant to increase the permitted excavation limits up to five percent or a maximum of 20 acres, whichever is less, if such increase and project are determined to be in the public interest by the Board of County Commissioners.

(7)

Certified use of at least 75 percent of the excavated material for projects within the County may entitle the applicant to increase the permitted excavation limits up to 15 percent or a maximum of 60 acres, whichever is less, if such increase and material use are determined to be in the public interest by the Board of County Commissioners.

(LDR, § 10222; Ord. No. 2007-10, art. IX, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014)

The approval of the special exception permit application for a Type IV application shall depend on the following determinations by the Board of County Commissioners in addition to the special exception provisions contained in Article XI, Division 5, of this chapter:

(1)

That there are less than 15 active Type IV excavation operations (including those existing excavation areas that would be classified as such today) in the County;

(2)

That there are not more than six Type IV excavation operations (including those existing excavation areas that would be classified as such today) already using the same collector or arterial roadways or segments within the County as part of their primary haul route;

(3)

That any post-development plan will have a positive future impact to the surrounding properties and the community;

(4)

That the application has indicated minimized negative impacts to adjoining property owners; and

(5)

That the application has met all requirements herein.

(LDR, § 10223; Ord. No. 2007-10, art. X, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014)

(a)

Application for final excavation permit approval. The following application submittals shall be made to the Development Department. When the Development Director and County Engineer determine that the application and all submittals have sufficiently met all standards herein and satisfactory addressed all concerns related to the application, a notice to proceed shall be issued by the Development Director.

(b)

Application forms and submittals. Incomplete applications shall not be accepted or shall be later returned upon such discovery. A complete application shall consist of the requested number of copy sets as requested on the application. Each set shall include the following:

(1)

A fully completed final excavation permit application form signed by both owner and operator;

(2)

Corrected plans, drawing, and other submittals that have changed since the preliminary application (examples include excavation plan sheets, reclamation plan sheets, related narratives, legal descriptions, etc.);

(3)

Engineer construction drawings for any required improvements (examples include any pre and post roadway and bridge improvements, access improvements, buffer details, slopes, scales, dewatering pumps, etc.);

(4)

Certified engineer estimates for any required post-excavation improvements within and without the excavation site;

(5)

Any outside agency applications and permits, as applicable (examples include SWFWMD, FDOT, DEP, U.S. Fish and Wildlife, etc.);

(6)

Payment of all applicable application and review fees;

(7)

A Phase II environmental assessment, if applicable; and

(8)

Posting of all required sureties satisfactory to the County, for any reclamation and off-site improvements. (This shall include an executed assurance agreement for reclamation as outlined in Subsection (c) of this section.) Valid SWFWMD "FARMS" projects shall not be required to submit any post-reclamation sureties.

(c)

Assurance agreement. The owner shall enter into an assurance agreement with the County to assure complete reclamation of the excavation site and required external improvements. The assurance agreement shall provide for a schedule of reclamation satisfactory to the Board of County Commissioners, be recorded in the public records of the County and shall include the consent of the owner, and his/her successors in title, allowing the County to enter the excavation site to perform the reclamation in the event that reclamation is not timely performed pursuant to the approved reclamation plan. The assurance agreement shall act as a covenant encumbering and running with the land. The owner shall agree to provide financial assurance for reclamation in the form of cash escrow, construction bond or irrevocable letter of credit in favor of the County prior to the issuance of a notice to proceed for the excavation permit that will remain valid for a period of one year longer than the full term of the excavation permit. This period may be extended at the discretion of the County Administrator, depending on the scope of the reclamation plan that will be required to accomplish reclamation of the excavation site. Performance of reclamation shall be governed by compliance with the approved reclamation plan. Valid SWFWMD "FARMS" projects shall be required to sign a modified agreement that guarantees that excavation site reclamation will be in accordance with NRCS standards and those of the SWFWMD "FARMS" program.

(d)

Financial assurance. The financial assurance for excavation site improvements shall be in the amount of $7,500.00 for each acre of land included within the excavation limits. The approved financial assurance for improvements outside the excavation site shall be in the amount of 150 percent of the applicant's engineer's estimate to repair or replace said improvements, as approved by the County Engineer. The terms of the assurance agreement shall be such that if all reclamation indicated on the approved reclamation plan is not satisfactorily completed within the time allowed for such reclamation, the Board of County Commissioners, at its option, may elect to perform the reclamation. The cost of any reclamation performed by the County which is not covered by the financial assurance shall become a lien on the property included within the excavation site and bear interest at the rate of ten percent per annum from the date the same becomes due and payable. Valid SWFWMD "FARMS" projects shall not be required to submit any post-reclamation excavation site sureties.

(LDR, § 10224; Ord. No. 2007-10, art. XI, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014)

(a)

Generally. The following standards and requirements shall be considered minimum standards for Type II, III and IV excavation operations. The Board of County Commissioners finds that access management, infrastructure protection, drainage, erosion control, soil stability, dust and noise abatement and other concerns arising from these types of excavation sites are paramount public concerns and finds these measures to be necessary and fair to protect the public health, safety, welfare and infrastructure from these particular problems associated with these types of excavation sites. The Board of County Commissioners, upon recommendation of the County staff, may adopt additional or stricter standards and requirements in their sole discretion, where a higher standard is necessary to protect the public interest, health, safety, welfare and infrastructure due to the specific facts surrounding a particular application. These facts shall include, but not be limited to, information regarding locations, affected properties and their uses, and other relevant factors specific to the application being considered.

(b)

Excavation setbacks. For Type II excavation operations, the top of slope of any excavated area, all materials stockpiles, dewatering ponds and all facilities in connection with excavation operations shall be set back 50 feet from all excavation site property lines. This shall not include required buffers and approved entrances/exits, which may be within setbacks. For Type III and IV excavation operations, the top of slope of any excavated area, all materials stockpiles, dewatering ponds and all facilities in connection with excavation operations, with the exception of excavation site exit roads and required buffers, shall be no closer than greater of:

(1)

300 feet from any property line;

(2)

400 feet from any state highway or current or existing County arterial or collector road as identified in the County's Comprehensive Plan;

(3)

1,000 feet from any land use other the rural/agricultural or rural/residential future land use boundary at the time of application (in addition for Type IV applications, 1,000 feet from any from zoning other than Agricultural 10 (A-10) or Industrial (I-L or I-H));

(4)

2,500 lineal feet measured in a straight-line method from any portion of a school site to any portion of an excavation site;

(5)

1,000 lineal feet measured in a straight-line method from any residence (above 30 percent on the tax rolls) to any portion of the excavation site; and

(6)

For Type IV excavation permits only, one mile from any other excavation site. (This shall be measured in a straight-line distance from entrance to entrance and from excavation site boundary to excavation site boundary.)

(c)

Operational hours and days. For Type II excavation operations, hours of operation, including all activities associated with construction, preparation, operation or closing the excavation site and the excavation operations, shall be limited to Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. For Type III and IV excavation operations, hours of operation, including all activities associated with the excavation project and excavation operations, shall be limited to the hours between 6:00 a.m. and 6:00 p.m., Monday thru Friday and 7:00 a.m. to 5:00 p.m. on Saturday. In all cases, hauling on Sunday shall be prohibited.

(d)

Fencing. For Type II excavation operations, silt screen fencing shall be required around the perimeter of the excavation site. For Type III and IV excavation operations, the perimeter of the excavation limits shall be fenced with a four-strand barbed wire or wire fabric fence, four feet in height with gates, which are locked when excavation and excavation operations are not being conducted.

(e)

Dewatering pump. No dewatering pumps or similar type pump shall be permitted for Type II excavation operations. For Type III and IV excavation operations, discharge to dewater excavated areas shall be directed to storage facilities within the excavation site. The pump shall be at least 750 feet from any residence if an electric pump motor is utilized. If a nonelectric pump motor is used, it shall be at least 1,250 feet away from any residence. Dewatering pumps shall be screened with a solid six-foot wood fence or other approved barrier on any sides between any houses and the dewatering pump, in order to deflect sound. Operating hours shall be restricted to 6:00 a.m. to 6:00 p.m., unless setbacks stated herein as increased by at least 250 feet.

(f)

Stormwater management system.

(1)

All permits from SWFWMD and DEP, as well as any other agency with jurisdiction, shall be provided to the County for review prior to final approval of the excavation permit. The Board of County Commissioners hereby delegates authority to the County staff to require additional or stricter standards and requirements than state agencies in their sole discretion, when a higher standard is necessary to protect the public interest, health, safety, welfare and infrastructure due to the specific facts surrounding a particular application. These facts shall include, but not be limited to, information regarding locations, affected properties and their uses, and other relevant factors. This delegated discretion shall be used on a limited basis and shall be justified in writing on or attached to the permit thereto. The system shall be subject to the approval of the County Engineer. Turbidity screens and silt barriers shall be used if required to ensure the quality of any discharge from the excavation site as required by the County Engineer.

(2)

Existing stormwater management facilities, both natural and manmade, serving upland property and located within the excavation site shall be perpetuated and maintained unless substitute facilities and easements benefiting upland owners approved by the County Engineer are provided.

(3)

Ground surfaces above the seasonal high water table which are disturbed by excavation or excavation operations shall be protected from erosion damage until permanent erosion protection is provided by reclamation.

(g)

Time limits of excavation operations. Type II, III and IV excavation operations may be permitted for a period of up to 1½ years (18 months), 3½ years (42 months) and five years (60 months), respectively, from the date the excavation permit is issued. Shorter time frames may be required by County staff or the Board of County Commissioners for excavation areas less than 50 percent of the maximum allowable excavated material for the permit classification is to be removed. If excavation has not begun within one year after the date the excavation permit is issued, the excavation permit shall expire unless appealed and extended by the Board of County Commissioners.

(h)

Entrance/access improvements. The County shall require the following public road improvements to ensure public safety and proper traffic flow. The applicant may submit a request for traffic information and other data that would support not installing some of the required improvements listed below. The County Engineer may, through consideration of any information submitted, and/or solely on his/her own analysis, not require any of the improvements listed below.

(1)

All Type III and Type IV excavation permittees shall be required to pave any excavation site entrance access road with a 22-foot-wide drive, at least 150 feet in length, meeting minimum County road construction standards for all entrances. Type II permittees shall be exempt from this requirement, unless the unique situation of the Type II excavation site requires paving, at the sole discretion of the County Engineer, to protect the public health, safety, welfare and infrastructure.

(2)

A right-hand decel/turn lane, per FDOT standards, for the entrance and for any turning movements from an arterial or collector roadway necessary to get to the excavation site shall be required for Type IV permittees. Type II and III permittees shall be exempt from this requirement.

(3)

A left-hand turn lane, per FDOT standards, into the excavation site for the entrance and for any turning movements from an arterial or collector roadway necessary to get to the excavation site shall be required for Type IV permittees. Type II and III permittees shall be exempt from this requirement.

(4)

All entrances shall meet County road access/separation standards, unless County staff determines that such separation cannot physically exist or another solution is proven to be safer.

(5)

The Board of County Commissioners or the County Engineer may also limit access or require additional improvements to the public roads or restrict transport routes as a condition of approval in order to mitigate expected road damage resulting from proposed operations and to enhance, maintain, promote and assure public safety and convenience.

(i)

Buffers.

(1)

A four-foot berm with a 4:1 slope shall be required around the perimeter of the excavation site within the required setbacks. Said berm shall start at least 20 feet back from the property boundary. Type II and III permittees shall be exempt from this requirement, except along a public roadway.

(2)

A Class D buffer shall be required in the first 100 feet of setback from the property line along any roadway or residential area (not A-5 or A-10). Twice the County standard number of trees shall be required.

(3)

A Class B buffer shall be required in the first 100 feet of setback from the property line along all other property lines. Type II and III permittees shall be exempt from this requirement.

(j)

Maximum size. The maximum size of any permitted Type II excavation limit shall be 20 percent of the total excavation site square footage (less jurisdictional wetlands) or ten acres, whichever is less. The maximum size of any permitted Type III excavation limit shall be 20 percent of the total excavation site square footage (less jurisdictional wetlands) or 100 acres, whichever is less. The maximum size of any permitted Type IV excavation limit shall be 25 percent of the total excavation site square footage (less jurisdictional wetlands) or 100 acres, whichever is less. Note that any jurisdictional wetlands must be subtracted from the total excavation site square footage before the percentage is calculated. For example, a Type IV excavation limit on a 2,000,000 square foot excavation site with 500,000 square feet of jurisdictional wetlands would be (2,000,000 - 500,000) x 25 percent = 375,000 square feet. Bonus percentage and acreage may be permitted for Type IV excavation sites under the provisions of this article to allow a higher percentage and additional acreage to be excavated up to a maximum of 50 percent of the excavation site less any jurisdictional wetlands or 200 acres, whichever is less, if the Board of County Commissioners determines that such increase is in the public interest. The maximum depth of a Type II excavation shall be 20 feet, but in no case shall the excavation penetrate the aquifer confining layer. While this division does not set a maximum depth for a Type III or Type IV excavation, in no case shall the excavation penetrate the aquifer confining layer.

(k)

Ownership standard. The entire excavation site shall have a single ownership that is the same as the titleholder of the land; that is, half of the excavation site cannot be owned by one person while the other half is owned by a different person. However, the entire excavation site may be owned by two or more persons. The excavation site shall not be permitted to be subdivided in any manner until released by the County one year after completion and final certification of any reclamation.

(l)

Scales. Scales shall be required of each excavation site. The scales shall be capable of weighing each excavated load leaving the excavation site. Each load leaving the excavation site shall be weighed, recorded, and verified that the loaded vehicle weight does not exceed any posted weight restrictions on the proposed haul route to be used, to specifically include bridges. Type II and III permittees shall be exempt from this requirement, but shall still calculate estimated yardage and weight based on the applicable capacity of the truck being utilized.

(m)

Scalehouse/records building. A scalehouse/records building shall be provided within the excavation site containing all required records, drawings, plans, and reports associated with the excavation site. Said building shall be manned during any hours the facility is opened to properly record all reporting information. All records shall be readily available on the excavation site for inspection. Type II and III permittees shall be exempt from this requirement if another accessible location is made available in the County.

(n)

Road improvements. Non-collector and non-arterial roadways (local roads) on the approved haul route to/from the excavation site shall be upgraded to minimum County width standards to include applicable shoulders by the applicant. Said width initially shall be constructed with the appropriate base. Said width shall be maintained by the owner or operator throughout the term of the excavation permit. Following cessation of excavation operations, said roadways shall be properly repaired and resurfaced to County standards. A surety bond shall be provided to the County by the owner or operator equal to 150 percent of the cost of said improvements prior to the issuance of an excavation permit. In lieu of surety bonds, the applicant, at their option, may pay an additional amount of $0.10 per cubic yard of excavated material removed from the excavation site, for each road mile or fraction thereof as a fee to aid in the repair and upkeep of the local roads as a result of the excavation operations.

(o)

Bridges/box culverts/drainage pipe improvements. Bridges on non-arterial collector and arterial roadways on the selected haul route to/from the excavation site shall be upgraded by the owner or operator to a minimum two-lane width of 20 feet to assure safe highway operations during excavation operations. Bridges, box culverts and drainage pipes along the same haul routes shall be certified for a weight for the route by the applicant's engineer. In the case of a bridge, a complete report meeting FDOT inspection standards shall be required. Said report must be compiled by a bridge engineer. The lowest haul route weight certification shall be the weight restriction for the entire haul route. The applicant shall upgrade any such facilities to ensure that the selected haul route will handle the weight proposed. The final weight restriction shall be posted by the applicant along the route as determined by the County Engineer, pursuant to County standards.

(p)

Minimum reclamation standards.

(1)

Side slopes of the excavated area shall not be steeper than one foot vertical to four feet horizontal to a point four feet below the seasonal high water table.

(2)

Ground surfaces above the seasonal high water table which are disturbed by excavation or excavation operations shall be planted to provide dense vegetative cover suitable to prevent erosion and control dust. Sod shall be the standard cover or some other equal cover acceptable to the County Engineer.

(3)

The stormwater management system, as required for excavation and excavation operations, shall be continued or modified. The system shall be subject to the approval of the County Engineer.

(4)

Other structures used for excavation and excavation operations shall be removed from the excavation site.

(5)

Debris, surplus materials and stationary equipment shall be removed from the excavation site.

(6)

Perimeter fences and gates shall be maintained.

(7)

Reclamation should be, to the extent practical, carried out concurrently with excavation, however, reclamation shall begin no later than when 50 percent of the excavated area has been excavated or 50 percent of the permit life has expired, whichever occurs first.

(8)

Reclamation shall be completed within six months from the expiration of the excavation permit, cessation of excavation for 180 days, or permanent cessation of excavation, whichever occurs first.

(LDR, § 10225; Ord. No. 2007-10, art. XII, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014)

(a)

The operator shall notify the Development Department in writing within 30 days following permanent cessation of excavation. The notice shall include a schedule for reclamation conforming to the requirements for reclamation outlined herein. All reclamation activities shall begin within 30 days of proper notification of cessation. The reclamation shall be completed within six months unless otherwise approved by the Board of County Commissioners as part of the reclamation or modified reclamation plan.

(b)

If the cessation is to be temporary for a period that will exceed six months, the operator shall notify the Development Department within 30 days following temporary cessation of excavation. The notice shall include a schedule for reclamation or protection of disturbed areas and maintenance of the stormwater management system during the period of cessation.

(c)

Release procedures. When reclamation can be totally completed on an area within the excavation limits, the owner may request that County Engineer release an equal percentage of the cash escrow, construction bond, or irrevocable letter of credit, less ten percent retainage for maintenance of the restored area.

(d)

Failure to perform all of the reclamation as indicated on the reclamation plan within the time specified shall be a violation of these regulations and shall subject the excavation site to enforcement action in addition to any surety usage to correct said problems.

(LDR, § 10230; Ord. No. 2007-10, art. XIII, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014)

(a)

Quarterly reporting requirements.

(1)

The operator shall submit a quarterly summary report by the 15th day of the month following the end of the quarter showing the daily extractions by truck, cubic yardage (tonnage if applicable), material hauled, and destination location (address, street, and city/county), for each load on a daily log. Such daily log shall be totaled by the month and added cumulatively for the quarter. Attached to the summary report shall be individual extraction reports for each day excavation occurs showing what is extracted, by load, material, tonnage and estimated cubic yards by truck. The reporting quarters shall be January—March (first quarter), April—June (second quarter), July—September (third quarter), October—December (fourth quarter).

(2)

The operator shall pay the County a quarterly administration/enforcement fee equal to $0.03 per cubic yard excavated to help offset the costs for County inspection, oversight and enforcement services. Said fee shall be in addition to any fee or charges paid relating to bonus excavation or road maintenance as provided in this division. Type I permittees are exempt from this fee.

(b)

Annual reporting requirements.

(1)

The operator shall submit an annual report by January 31 of each year regarding the excavation operations. The report shall be on the form provided, requiring certifications by the operator and an engineer registered in the State. The report shall provide information on the excavation operations performed to date, summarizing all the quarterly reports, and any other necessary information depicting the extent of excavation.

(2)

An engineer's report evaluating compliance with all requirements of the excavation permit, this division, outside agency permits and all other County regulations, shall be submitted by the operator. Each approval, permit, and category shall be separately addressed within a signed and sealed report. If the annual report indicates a lack of compliance with the conditions of the excavation permit, this division, outside agency permits or any other County regulations, a plan for achieving compliance within 30 days shall be submitted with the annual report.

(3)

Annually, a signed and sealed extraction survey shall be also be submitted calculating the difference in cubic yards from the initial elevations in the application survey and current status of the excavation area elevations. Differences between the current status and cumulative quarterly reports shall also be determined. Any underpayments shall be corrected with a check in the amount of the excavation-dependent fees and charges owed. Any overpayment shall be indicated also and shall be refunded by the County within 30 days, accordingly.

(4)

The annual administration fee shall also be submitted with the annual report.

(5)

An engineering inspection of the condition of the non-arterial and collector roadways in the primary haul route, made by assessing each roadway's current condition compared to the original condition of the roadway and subsequent improvements, shall also be submitted with the annual report.

(6)

If there is a bridge along the primary haul route, a bridge engineer's inspection of the condition of the non-arterial and collector bridge in the primary haul route, made by assessing each bridge's current condition compared to the original condition of the bridge and subsequent improvements, shall also be submitted with the annual report.

(LDR, § 10240; Ord. No. 2007-10, art. XIV, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014)

(a)

Excavation time limit extensions. Time limit extensions to excavation permits shall generally be prohibited and as such denied. If approved for extension it shall be for a specific period of a minimum duration. Type I and Type II permit extensions shall be approved, approved with conditions, or denied by County staff for up to a maximum of six months. Type III permit extensions shall be approved, approved with conditions or denied by County staff for up to a maximum of 12 months. Type IV permit extensions shall be approved, approved by conditions or denied by the Board of County Commissioners for a maximum of 18 months. Complete extension applications not filed with the County at least three months prior to the expiration of the excavation permit shall be considered expired at the end of the excavation permit term, shall be precluded from any further Excavating at that time and shall be treated as a new excavation application.

(b)

Evaluation criteria. All excavation extension applications shall be evaluated based on a determination of the following criteria:

(1)

That there is a demonstrated need for the extension;

(2)

That there has been a catastrophic event that would have caused a delay such as a hurricane (if so determined, the lost time shall be determined and used to measure what type of time extension may be warranted);

(3)

That all other agency permits are still active;

(4)

That no major violations occurred during the excavation permit term, to include adherence to any requirements and conditions, timeliness of reports, and overall cooperation during the previous permit period;

(5)

That the conditions around the excavation site at the time of approval have not substantially changed requiring reassessment of the application; and

(6)

That there are no other property owners that are unnecessarily delayed in obtaining a new excavation permit, due to the granting of this extension.

(c)

New conditions. New conditions may be added to the extended permit so as to make the remaining time the permit is operational more compatible. These new conditions may include any and all requirements herein.

(d)

Revisions to an approved excavation permit. Revisions to an existing excavation permit, excluding an extension of time for the completion of excavation and/or reclamation, shall be considered upon application by the owner and operator. The application shall be on the form provided, accompanied by the required fee, and revised drawings and narratives signed and sealed by an engineer registered in the State, meeting all required standards herein, as applicable to the proposed revision as determined solely by the Development Director and County Engineer. The application for revision shall be reviewed and considered for approval pursuant to the same procedure as a new application. Only one such request shall be submitted every 12 months. A second request over the same issue may not be re-applied for 36 months.

(e)

Transfer of excavation permit. An application for transfer of an excavation permit shall be on the form provided. The completed application shall include the required application fee, the designated name of the excavation project and the date the excavation permit was issued. Incomplete applications will not be accepted. If no revisions are proposed to existing permits, the application shall include the following:

(1)

A fully completed application form signed by the owner, present operator and proposed operator wherein:

a.

The present owner agrees to the transfer and agrees that the conditions of the assurance agreement shall remain in full force and effect;

b.

The present operator agrees to the revocation of the existing excavation permit; and

c.

The proposed operator agrees to be bound by all conditions of the existing excavation permit;

(2)

The legal description of the excavation limits;

(3)

An affidavit of agent authorization signed by the owner (where applicable) on the form provided; and

(4)

Any other legal transfers or other papers to legally transfer responsibility to the new owners. If the application for a transfer is approved by the Board of County Commissioners, the Development Director shall issue a new excavation permit including any conditions imposed by the Board. The existing excavation permit shall be void.

(LDR, § 10250; Ord. No. 2007-10, art. XV, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014)

(a)

Noncompliance. Upon discovery of the failure of an operator to strictly comply with the terms of this division or other County regulations, including the failure to adhere to all approved plans, narratives and agreements, the following action shall be taken:

(1)

A notice shall be sent to the operator, by U.S. mail, Federal Express or other common courier, notifying the operator of the noncompliance. The notice shall give the operator ten calendar days to correct the violation or provide a schedule to achieve compliance. A copy of the notice shall also be sent to the owner by U.S. mail, Federal Express or other common courier. The notice may also be posted at the excavation site in conjunction with certified mail and shall constitute service.

(2)

Ten business days after notification of nonconformance has been received (and/or property posted) by the owner/operator, County staff shall re-inspect the excavation site. If the violations and nonconformances identified in the notice have not been corrected, the Code Enforcement Officers shall issue a cease and desist order suspending all excavation. All operations on the excavation site will remain suspended until an acceptable stipulated settlement agreement for compliance including administrative fines can be agreed upon, or until the conclusion of a hearing before a Special Magistrate. If an agreed upon stipulated settlement agreement cannot be reached, a Special Master hearing will be conducted within ten business days and in accordance with Sections 20-1581, 20-1582 and 20-1583.

(b)

Unsafe or hazardous condition. Nothing contained herein shall prevent an agent of the County from ordering an immediate suspension of excavation operations if it is determined that an unsafe or hazardous condition is determined to exist and to establish a reasonable time by which the unsafe or hazardous condition must be corrected before such suspension is lifted.

(c)

Revocation of permit. Upon discovery of the failure of an operator to strictly comply with the terms of this division or other County regulations, including the failure to adhere to all approved plans, narratives and agreements, on a repetitive basis (two or more separate violation periods totaling more than 30 calendar days cumulatively) or for a prolonged basis of more than 30 calendar days for one violation period, the following action may be taken upon order of the County Administrator or his/her designee, regardless of other actions taken:

(1)

A written notice shall be sent to the operator, by U.S. mail, Federal Express or other common courier, notifying the operator of the revocation hearing. The notice shall be sent to the operator at least ten calendar days prior to the scheduled hearing date. A copy of the notice shall also be sent to the owner by U.S. mail, Federal Express or other common courier. The notice may also be posted at the excavation site in conjunction with certified mail and shall constitute service.

(2)

If the Board of County Commissioners finds, after hearing testimony from the County staff, the operator and/or owner, if available at the hearing, and any concerned citizens, that there has been a repetitive or prolonged failure to comply with the terms of this division or other County regulations, and that neither the operator nor the owner has sought to attentively maintain compliance with the permit terms, the Board may allow the excavation permit to continue to operate as issued with or without additional compliance conditions, or the Board may temporarily suspend the permit for up to one year, or the Board may permanently revoke the excavation permit.

(d)

Violations and penalties.

(1)

The provisions of Subsections (a) through (c) of this section notwithstanding, any person violating any provision of this division or other County regulations shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violation shall be prosecuted in the name of the State in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a fine not to exceed $500.00 or by imprisonment in the County jail not to exceed 60 days, or both such fine and imprisonment. Each day any violation of any provision of this division or other County regulations shall continue shall constitute a separate offense unless otherwise provided.

(2)

Nothing herein contained shall prevent the County from taking such other lawful action including, but not limited to, resort to equitable action as is necessary to prevent or remedy any violation. If the County prevails in any such lawful action, all costs incurred including, but not limited to, reasonable attorney's fees, shall be charged to the owner of the property upon which the violation occurred. If said costs are not paid within 30 days from date of invoice thereof, there shall be a lien upon the property upon which the violation occurred and said lien shall bear interest at the rate of ten percent per annum from the date when the same became due and payable.

(LDR, § 10260; Ord. No. 2007-10, art. XVI, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014)

(a)

The Board of County Commissioners has established fees that are fair, reasonable and necessary to the effective administration and enforcement of the excavation management provisions, and may amend said fees from time to time via resolution of the Board. The following fees shall apply:

(1)

Application fees.

(2)

Annual excavation report fee (submitted with initial plan submittals and with annual reports every year or fraction thereof thereafter).

a.

Type I annual administration report fees .....N/A

b.

Type II annual administration report fees .....$500.00

c.

Type III annual administration report fees .....$1,000.00

d.

Type IV annual administration report fees .....$3,000.00

(3)

Administration/enforcement fees.

(4)

Transfer of ownership or operator.

(5)

Revisions to a Type IV excavation permit.

(6)

Extension of excavation area.

(7)

Other applicable fees.

(LDR, § 10270; Ord. No. 2007-10, art. XVII, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014)

(a)

All existing permits which are valid on May 22, 2007, and which were issued under the provisions of Ordinance No. 1983-13, Ordinance No. 1981-11, or Ordinance No. 1990-10 shall remain in full force and effect until these permits are either revoked or expire.

(b)

Proposals to revise the conditions of or to transfer an existing permit shall be subject to the provisions of the excavation management regulations.

(c)

Violations of the conditions of any existing permit shall be administered pursuant to this division.

(LDR, § 10270; Ord. No. 2007-10, art. XVIII, 5-22-2007; Ord. No. 2014-05, att. A, § 1a), 10-28-2014)

(a)

It is the intention of the County to conform its ordinances and resolutions to the requirements of the Florida Department of Environmental Protection's Rule F.A.C. ch. 62-640, the Florida Department of Agriculture and Consumer Services' Rule F.A.C. ch. 5E-1, and the Federal Environmental Protection Agency's Regulation 40 CFR 503, in the interest of the public health, safety and welfare. As such, F.A.C. chs. 62-640 and 5E-1, and 40 CFR 503 are adopted and incorporated herein by reference.

(b)

It is the further intent of the County to recognize that the proper use of biosolids in accordance with this division, as well as State and Federal regulations, is of substantial benefit to agricultural operations, provides economic benefits to County residents, and has no negative impact on the environment.

(c)

Finally, it is the intent of the County that the permit fees established hereunder will be sufficient to support the County's regulatory and enforcement activities under this division, and that these costs will not be borne by the County's taxpayers.

(LDR, § 10301; Ord. No. 2012-05, att. A, § 2, 10-23-2012; Ord. No. 2014-05, att. A, § 1c), 10-28-2014)

The definitions contained in this chapter and Rule F.A.C. ch. 62-640, shall apply to this division unless the context clearly indicates otherwise.

(LDR, § 10302; Ord. No. 2012-05, att. A, § 3, 10-23-2012; Ord. No. 2014-05, att. A, § 1c), 10-28-2014)

The following general provisions shall apply to any person, business or other entity (the "applicator") seeking to engage in the land spreading of biosolids in the County.

(1)

An applicator seeking to engage in land spreading of biosolids must comply with all relevant Federal, State and local regulations pertaining to the land spreading of biosolids and other related material.

(2)

Copies of all permits required by Federal or State authorities must be provided to the County Development Department as part of the application for a land spreading permit.

(3)

Only Class AA, A or B biosolids may be used for land spreading.

(4)

a.

Land spreading of Class A biosolids shall be permitted on contiguous land in common ownership of five acres or more that is zoned Agricultural Five (A-5), Agricultural Ten (A-10) or Phosphate Mining-Industrial (PM-I).

b.

Land spreading of Class B biosolids shall only be permitted on contiguous land in common ownership of ten acres or more that is zoned Agricultural Five (A-5), Agricultural Ten (A-10) or Phosphate Mining-Industrial (PM-I).

c.

In accordance with F.A.C. 62-640.850, Class AA Biosolids are distributed and marketed as a fertilizer and regulated under F.S. ch. 576,, and F.A.C. ch. 5E-1. To the extent that Class AA biosolids are spread and otherwise used in compliance with said regulations, they are exempt from the requirements of this division.

(5)

Land spreading of biosolids shall be permitted only during hours from sunrise to sunset (as those times are published by the Weather Bureau for the part of the State in which the County is located.

(6)

It shall be a condition of the land spreading permit that County employees or inspectors designated by the County Administrator shall be permitted to enter upon any private property used for land application of biosolids for the purpose of conducting an inspection to ensure compliance with this division. The property owner must grant consent to such access as a condition of said permit. Loads of biosolids may be sampled by the County to provide independent verification of the type of biosolids and level of treatment achieved. The County may set a fee for said sampling.

(7)

The applicator and biosolids hauler shall be jointly responsible to repair road and bridge damage caused by the hauling of biosolids. Such damage does not include normal wear and maintenance of the roads or bridges. The applicator and hauler shall submit information on the estimated number and weight of trucks, and truck routes to the County Road and Bridge Department and County Engineer. If it is determined that increased maintenance is likely to be required as a result of the truck traffic that is hauling biosolids, the Board may require the applicator and hauler to enter into a road maintenance agreement to reimburse cost to the County for such increased maintenance.

(8)

Biosolids shall be created and/or processed in such a manner that they will be free from plastics, solid metals, litter and other foreign objects prior to land application.

(9)

The applicator shall contribute a fee for each acre that is applied with biosolids into a fund designated for the continuing study of odors, pathogen transmissions, environmental effects and other concerns relating to land application of biosolids, and/or establishment of educational information pertaining to the land application of biosolids. The fee shall be set by the Board of County Commissioners.

(10)

The applicator must have the express written consent of the owner of the application site prior to commencing land spreading of biosolids.

(LDR, § 10310; Ord. No. 2012-05, att. A, § 4, 10-23-2012; Ord. No. 2014-05, att. A, § 1c), 10-28-2014)

The following land spreading acts are prohibited:

(1)

Land spreading or disposal of untreated domestic or industrial wastewater, chemical/portable toilet sludge, treated domestic septage, industrial sludge, food establishment sludge, hazardous waste, or holding tank sludge;

(2)

Land spreading of wastewater that is not Class A, Class AA or Class B biosolids, and disposal or land spreading of any form of wastewater or sludge not specifically permitted by this division.

(3)

Land spreading of biosolids in:

a.

The special water resource protection zone in Township 39S, Range 23E, Sections 7 through 23 and Sections 26 through 35, inclusive; and

b.

Such other areas and locations as the Board may determine, following public hearing, are not appropriate for the application of biosolids based on the specific topography, water resources, groundwater levels and potential impact to natural resources of a specific area or location.

(4)

Land spreading of biosolids in violation of this division.

(5)

Land spreading, managing or handling biosolids in any manner that causes, continues or contributes to a public nuisance.

(6)

Land spreading of biosolids on any land that is water soaked by recent rain or where there is standing water from rain or flooding.

(7)

Land spreading of biosolids during any period of an emergency declared by the Governor of the State or the Board of County Commissioners if such emergency is caused by extreme wet weather conditions.

(8)

Land spreading of biosolids without the express written consent of the owner of the application site.

(9)

Land spreading of biosolids containing plastics, solid metals, litter, or any other foreign objects.

(LDR, § 10320; Ord. No. 2012-05, att. A, § 5, 10-23-2012; Ord. No. 2014-05, att. A, § 1c), 10-28-2014)

A land spreading permit is required as follows:

(1)

Any applicator intending to land spread Class A or B biosolids in the County shall obtain a land spreading permit for each land application site prior to the commencement of any land spreading activities. In order to obtain such land spreading permit, the applicator must submit the following which, in form and content and in the exercise of its reasonable discretion, the Board finds is sufficient for the issuance of a land spreading permit:

a.

A $1,000.00 application fee;

b.

The names and addresses of each generator that will provide biosolids for land spreading; the quantities and types (Class A or B) of biosolids to be land spread on the property owner's site, copies of the contract between the generator and the hauler for the transportation of biosolids to the site, and the contract and/or approval between the hauler and the property owner for the land spreading of the biosolids;

c.

An estimate of the number of trucks that will deliver biosolids to the site each day;

d.

A management plan which shall contain:

1.

Hours and days of operation;

2.

Location of land spreading, identifying each individually numbered field on a map of each site that will be used for land spreading;

3.

Methodology for land spreading;

4.

Setbacks in compliance with FDEP Rule 62-640.700(8), unless greater setbacks are required by the Board based on site specific topography, water resources, groundwater levels and other natural resource and adjoining property considerations;

5.

List of contact people and telephone numbers where they may be reached 24 hours a day, seven days a week;

6.

Method of reporting land spreading activities to the County;

7.

Provision for 24-hour advance notice to the County of land spreading on each field;

8.

Provision for reporting to the County of the next day's land spreading, including the following information: the number of loads of biosolids that are going to be land spread, the source of the biosolids, the generator thereof, whether the biosolids are A or B biosolids, and whether the biosolids are liquid or cake biosolids.

e.

A copy of each Florida Department of Environment Protection Nutrient Management Plan demonstrating compliance with F.A.C. 62-640.500, for each proposed field within the site.

f.

A map or schematic with the names and mailing addresses of the owners and occupants (or their authorized agents) of all structures located within one-half mile of the perimeter property line of the proposed site.

g.

A map or schematic of each proposed field within the overall site, identifying all areas subject to minimum setbacks.

h.

A copy of the biosolids hauling permit or permits required by the County for transportation of biosolids to the site for land spreading or application for such permit.

i.

A performance bond in an amount sufficient to protect the County against loss due to spills of biosolids or due to environmental contamination and to provide for cleanup of such spills. The minimum amount of such performance bond shall be $100,000.00 and may be set higher at the County Administrator's discretion. If such bond is utilized to remedy such events, the bond shall be immediately restored to its full original amount.

j.

A certificate of pollution liability insurance indicating insurance in an amount no less than $1,000,000.00.

k.

A copy of the written consent of the owner of the application site for the spreading of biosolids.

(2)

All submittals must satisfactorily demonstrate compliance with F.A.C. ch. 62-640, and 40 CFR 503.

(3)

Land spreading permits are valid for one year. Annual extensions shall be considered by the Board, based upon the same criteria as an initial application. If grounds for revocation of the permit exist, revocation of the permit shall be considered and resolved before the County acts on the application for extension. All extension requests must be filed at least 90 days prior to the expiration of the current land spreading permit.

(LDR, § 10330; Ord. No. 2012-05, att. A, § 6, 10-23-2012; Ord. No. 2014-05, att. A, § 1c), 10-28-2014)

All persons, businesses or other entities that have been issued permits under this division shall comply with the monitoring, recordkeeping, reporting and notification requirements set forth in F.A.C. ch. 62-640, and 40 CFR 503, and shall make those records available to the County for inspection and verification upon request.

(LDR, § 10340; Ord. No. 2012-05, att. A, § 7, 10-23-2012; Ord. No. 2014-05, att. A, § 1c), 10-28-2014)

(a)

Noncompliance. Upon discovery of the failure of a land spreading permit holder to strictly comply with the terms of these regulations and/or the land spreading permit, the following action shall be taken:

(1)

The permit holder shall be provided with a cease and desist order issued by the County Administrator by electronic mail, facsimile or hand delivery. Upon delivery of such cease and desist order, the permit holder shall immediately cease all land spreading on those fields designated in the cease and desist order and shall not recommence land spreading in those fields until the County authorizes the recommencement of land spreading. The fields designated in the cease and desist order shall be those fields on which the violation has occurred. Authorization to recommence land spreading shall be immediately provided to the permit holder at such time as the alleged violation shall have been determined by the Board or the Special Master to have not occurred or at such time as the County concludes that remedial measures have been completed.

(2)

A notice shall be sent to the permit holder by U.S. mail, giving notice of the noncompliance and delivery of the cease and desist order. The notice shall give ten calendar days to correct the violation or submit a satisfactory schedule to achieve compliance. The property owner shall be sent a courtesy copy of the cease and desist order and the notice.

(3)

If the permit holder fails to respond to the notice, or if an acceptable schedule for compliance or remedial measures cannot be established, or upon request of the property owner, a hearing may be scheduled and conducted by the County Special Master. A notice of the hearing shall be sent via U.S. mail, hand delivery, electronic mail or facsimile transmission to the permit holder and property owner.

(4)

If the Special Master finds that there has been a failure to comply with the terms of this division and/or the land spreading permit, and has failed to correct the noncompliance, the Special Master may suspend the land spreading permit, order remedial measures or grant additional time to achieve compliance. If additional time for compliance is granted, the hearing shall be continued until a future time at which the Special Master shall take final action on the matter.

(5)

Special Masters shall operate pursuant to the provisions of Sections 20-1579 through 20-1586 except to the extent that the same are inconsistent with this division, and pursuant to such other rules as may be provided by the Board of County Commissioners by resolution or ordinance.

(b)

Violations and penalties. Violations of this division or the land spreading permit referred to the Special Master shall be punishable as set forth in Section 20-1584 and F.S. § 125.69. Nothing herein shall prevent the County from taking any other lawful action necessary to prevent or remedy any violation, including action by the Board to suspend or revoke a land spreading permit for failure to comply with this division or the terms of the permit.

(c)

Withdrawal of consent. In the event the owner of the application site revokes consent for land spreading of biosolids, the applicator shall immediately cease all spreading. If the applicator does not immediately cease all spreading of biosolids at the application site for which consent has been revoked, the County Administrator shall issue a cease and desist order in accordance with Subsection (a) of this section. If the applicator does not immediately cease all land spreading of biosolids at the site for which consent has been withdrawn, the land spreading permit may be suspended or revoked by the Board.

(LDR, § 10350; Ord. No. 2012-05, att. A, § 8, 10-23-2012; Ord. No. 2014-05, att. A, § 1c), 10-28-2014)

The following general provisions shall apply to any person, business or other entity seeking to engage in the transportation of Class A or B biosolids in the County for land spreading on an approved land spreading site:

(1)

The person, business or other entity must have obtained and possess a valid biosolids hauling permit. Compliance with the conditions of a biosolids hauling permit does not relieve the hauler of biosolids from having to comply with all relevant Federal and State regulations pertaining to the hauling of biosolids and other related material.

(2)

The applicant for a biosolids hauling permit must provide the County Administrator with copies of all permits required by Federal or State authorities for the hauling and/or the land application of biosolids in the County as a required condition precedent to obtaining a biosolids hauling permit.

(3)

Transportation of only Class A or B Biosolids to an approved land spreading site is permitted.

(4)

The hauling of treated biosolids from a point of origin to a designated land spreading site within the County shall be permitted only in accordance with the hauler's approved operations plan.

(5)

Each hauler shall store or park vehicles (except as described in Section 20-1044) which are used in hauling of biosolids and which contain biosolids only on an approved land spreading site and then only during the times in which land spreading on the land spreading site is specified in the hauler's operations plan.

(6)

Any vehicle which is hauling biosolids in the County may not be parked or stopped for any period of time exceeding 30 minutes, except to change flat tires, to effect emergency roadside repairs, to await towing after breakdown, to render assistance or comply with traffic laws involving vehicular or pedestrian accidents, or when otherwise required by any other law or unavoidable traffic condition.

(7)

Any vehicle engaged in hauling of biosolids to a land spreading site shall be thoroughly cleaned at the site after delivery of the biosolids and prior to entering upon the public roads of the County so that biosolids do not fall off of the vehicle onto the road.

(LDR, § 10360; Ord. No. 2012-05, att. A, § 9, 10-23-2012; Ord. No. 2014-05, att. A, § 1c), 10-28-2014)

The following acts concerning hauling of Class A or B biosolids are prohibited:

(1)

Hauling of biosolids to an approved land spreading site except when done pursuant to an approved operations plan and pursuant to a valid biosolids hauling permit.

(2)

Hauling of biosolids from a point of origin to a designated land spreading site within the County except during hours from sunrise to sunset (as those times are published by the Weather Bureau for the part of the State in which the County is located), Monday through Friday.

(3)

Hauling of biosolids except to a site where such land spreading may lawfully occur and with the landowner's consent.

(4)

Any activity inconsistent with the permit submittals, including, but not limited to, storing or parking, temporarily or permanently, trucks containing biosolids on or at sites not approved for such storage or parking by the permit.

(5)

Violation of any provision of this division, including, but not limited to, failure to adhere to all of the provisions thereof.

(6)

Hauling for land spreading of any form of sludge or biosolids not specifically permitted by this division.

(LDR, § 10370; Ord. No. 2012-05, att. A, § 10, 10-23-2012; Ord. No. 2014-05, att. A, § 1c), 10-28-2014)

Any hauler who intends to haul Class A or B biosolids to a land spreading site in the County shall first obtain a biosolids hauling permit for such activity from the Board of County Commissioners. The Board of County Commissioners shall not approve the permit unless the hauler provides the following information which the Board finds, in form and content and in the exercise of its reasonable discretion, is sufficient for the issuance of a hauling permit:

(1)

A site map showing the location of the land spreading site. The sites shall be shown on a U.S. Geological Survey quad sheet or other type of map clearly depicting topography, surface features of the site and distances;

(2)

Zoning classifications of the site, according to the County Zoning Atlas;

(3)

Proof of permission from the property owner or the owner's authorized agent to accept biosolids for land spreading on each land spreading site;

(4)

An operations plan that identifies the method of land spreading, the name and contact information for the person who will be on site and responsible for the land spreading operations, the amount of biosolids to be spread per acre expressed in tons, and the moisture content of biosolids that are to be spread;

(5)

The permanent location, address, the daytime telephone number, and the weekends, holidays and nighttime telephone numbers of the biosolids treatment facility (generator) from which hauling operations will originate and the location where vehicles and ancillary equipment used for land spreading are stored when not in use;

(6)

Proof that the hauler has at least $500,000.00 in commercial liability insurance, in form satisfactory to the County. The applicant shall submit a certificate of insurance when applying for the permit, when insurance is changed, or when the insurance policy is renewed. A current insurance policy is required throughout the life of the permit and the permittee shall ensure that a copy of such policy is maintained as part of the County's records. If the hauler is a governmental entity, the governmental entity may submit a certificate of self-insurance to fulfill this requirement;

(7)

Performance security in the amount of $250,000.00 to ensure that any environmental damage, damage to the public roads or public health threat caused by the hauler may be adequately remedied. Such performance security shall comply with the requirements of law and shall be reasonably satisfactory to the County as to form and manner of execution. In lieu of requiring this security, the County Administrator may permit governmental units to submit a certified resolution, ordinance or other written assurance from the governing body agreeing to reimburse and indemnify the County for any funds expended to remedy environmental damage or injury to the roads of the County or the public health caused by that hauler, governmental entity, or by anyone employed by, or subcontracted to, that hauler;

(8)

The applicable permit fee, to be set by resolution of the County Board of County Commissioners. The fee shall be in such amount as will compensate the County for the anticipated cost of administering this division and shall not be established at such level as to either produce revenue in excess of expenses or to result in a deficiency of revenue to cover expenses. The fee amount will be reestablished annually based upon experience and anticipated costs of the regulation in order to assure that the fee is established at the proper level; and

(9)

The location of each site or road upon which trucks will be stored or parked in accordance with this division while containing biosolids en route to a land spreading site. The sites shall be shown on a U.S. Geological Survey quad sheet or other type of map clearly depicting topography, surface features of the site and distances.

(LDR, § 10380; Ord. No. 2012-05, att. A, § 11, 10-23-2012; Ord. No. 2014-05, att. A, § 1c), 10-28-2014)

If all of the requirements set forth above have been met and if there is an approved land spreading permit for land spreading of Class A or B biosolids on the land spreading site listed in the application, the biosolids hauling permit shall issue, subject to the following conditions:

(1)

Transferability. The permit shall not be transferable.

(2)

Display of the permit. When a permit is issued, the number of the permit, together with the name of the hauler, its address, phone number, empty weight of the vehicle and vehicle capacity (stated in gallons and tons) shall be permanently applied and prominently displayed on both sides of each vehicle used for hauling in three-inch or larger letters or numbers.

(3)

Required documentation. It shall be a condition of the permit that each driver of each permitted vehicle carry with him or her at all times the following documentation:

a.

A complete copy of the permit issued pursuant to this division;

b.

A trip manifest which shall identify:

1.

The point of origin of the materials being carried in the vehicle, the generator of the biosolids;

2.

The specific class of biosolids being carried;

3.

The name and location of the wastewater treatment plant (generator) that produced the materials; and

4.

The date and time when the materials were loaded, and the location where the biosolids are to be land applied, this location to correspond with the location identification system used in the biosolids hauling permit application and the approved operations plan.

(4)

Right of inspection. It shall be a condition of the biosolids hauling permit that all drivers of vehicles operating under the permit allow any agent of the County having proof of identification, or any uniformed law enforcement officer, to stop and inspect the vehicle at any time without prior notice and without warrant or probable cause in order to:

a.

Inspect the copy of the permit carried by the driver;

b.

Inspect the other written documents required to be carried by the driver by this division; and

c.

Inspect and sample the contents of the cargo load carried by the vehicle.

(5)

Duration and extension of permit. Biosolids hauling permits are valid for one year.

(6)

Noncompliance. Upon discovery of the failure of a biosolids hauling permit holder to comply with the terms of these regulations, including the failure to adhere to all approved conditions or requirement of the permit, the following actions shall be taken:

a.

The County Administrator shall notify the permit holder of the extent and nature of noncompliance and determine whether, in the County Administrator's discretion, the noncompliance can be remedied without resort to the formal procedures set forth in this division. If the County Administrator decides that noncompliance can be remedied informally he or she shall take whatever measures he or she deems are reasonably necessary or appropriate to effect compliance.

b.

If the County Administrator determines that formal procedures are necessary, or if the permit holder fails to come into compliance after being given an opportunity to do so, then a notice from the County Administrator shall be sent by U.S. mail to the permit holder advising him/her with reasonable specificity of the details of the noncompliance. The notice shall give the permit holder ten calendar days in which to correct the violation or submit a schedule to achieve compliance.

(7)

Failure to respond. If the permit holder fails to respond to the notice, or if an acceptable schedule for compliance cannot be worked out, a hearing may be scheduled before the County Special Master. Reasonable notice of the hearing shall be sent via U.S. mail to the permit holder. The hearing shall be quasi-judicial in nature, and shall be in accordance with Sections 20-1579 through 20-1586.

(8)

Continuing noncompliance. If the Special Master finds that there has been continuing failure to comply with the terms of these regulations and that the holder of a biosolids hauling permit has failed to correct the noncompliance, the Board may suspend the biosolids hauling permit or allow additional time for the transporter to achieve compliance. If additional time for compliance is granted, the hearing shall be continued until a future meeting at which the Special Master shall take final action on the matter and the Board may revoke the permit for noncompliance. Issuance of a new biosolids hauling permit or reinstatement of such permit, subsequent to the respective suspension or revocation of a biosolids hauling permit held by the same permit holder, shall be conditioned upon such permit holder's having taken remedial measures reasonably acceptable to the County to cure the conditions responsible for the prior permit's suspension or revocation and to prevent their recurrence.

(9)

Violations and penalties. Violations of this division which are referred to the Special Master, including violations of any condition or requirement of a permit shall be punishable as set forth in Section 20-1584 and F.S. § 125.69. Nothing herein shall prevent the County from taking such other lawful action as is necessary to prevent or remedy any violation, including action by the Board to suspend or revoke a biosolids hauling permit for failure to comply with this division or the terms of the permit.

(10)

Cease and desist. In the event the County Administrator or his designee determines that the action of a biosolids hauler endanger the public or are causing harm to private or public property, the County Administrator shall issue a cease and desist order, whereupon the hauler shall immediately cease all biosolids hauling in the County. If the hauler does not immediately cease all hauling of biosolids in the County, his biosolids hauling permit may be suspended or revoked by the Board.

(LDR, § 10390; Ord. No. 2012-05, att. A, § 12, 10-23-2012; Ord. No. 2014-05, att. A, § 1c), 10-28-2014)

The community appearance standards provided in this division shall apply only to those premises with frontage on the following roadways:

(1)

U.S. Highway 17; and

(2)

State Road 70.

(Ord. No. 2016-14, § 2(10501), 5-24-2016)

(a)

All building exterior wall surfaces shall be structurally sound, weathertight, painted, and shall be kept free of rust and corrosion, rotted wood, graffiti, faded or discolored paint or varnish, chipped or peeling paint, cracks exceeding one-quarter inch in width, holes exceeding one-half inch in diameter, termites, and shall be maintained in good repair and condition, and free from deterioration. The building exterior wall surfaces shall be repainted, re-varnished, recovered, or re-cleaned when the exposed surface becomes rusted, corroded, discolored, chipped or covered with graffiti, or is peeling, and repaired or refilled, when the surface in not weathertight, rotted, has cracks, holes or missing pieces, or evidence of termites according to manufactures' specifications. Said repairs shall be consistent with the materials used on the existing exterior wall surfaces and shall provide a uniform appearance.

(b)

All doors, including garage doors, shall be structurally sound, weathertight, painted, and shall be kept free of rust and corrosion, rotted wood, graffiti, faded or discolored paint or varnish, chipped or peeling paint, cracks exceeding one-quarter inch in width, holes exceeding one-half inch in diameter, and termites, and shall be maintained in good repair and condition, and free from deterioration. The doors and doorframes shall be repainted, re-varnished, recovered, or re-cleaned when the exposed surface becomes rusted, corroded, discolored, chipped or covered with graffiti, or is peeling, and repaired or refilled, when the surface in not weathertight, rotted, has cracks, holes or missing pieces, or evidence of termites according to manufactures' specifications. Other exterior features associated with doors, including, but not limited to, the frame, locks, handles shall be maintained in good working condition and kept free of deterioration. Said repairs shall be consistent with the materials used on the existing doors and appurtenances and shall provide a uniform appearance.

(c)

All broken windows shall be replaced. Other exterior features associated with windows, including, but not limited to, frames, sills, casings, shutters, and hurricane shutters, shall be kept weathertight, free of rust and corrosion, rotted wood, graffiti, faded or discolored paint or varnish, chipped or peeling paint, cracks exceeding one-quarter inch in width, holes exceeding one-half inch in diameter, termites, and shall be maintained in good working condition, and kept free of deterioration. The window exterior features shall be repainted, re-varnished, recovered, or re-cleaned when the exposed surface becomes rusted, corroded, discolored, chipped or covered with graffiti, or is peeling, and repaired or refilled, when the surface in not weathertight, rotted, has cracks, holes or missing pieces, or evidence of termites according to manufactures' specifications. Said repairs shall be consistent with the materials used on the existing windows and their appurtenances and shall provide a uniform appearance.

(d)

All roofs and gutters shall be structurally sound, weathertight, and shall be kept free of rust and corrosion, rotted wood, graffiti, faded or discolored paint and roofing materials, chipped or peeling paint and roofing materials, faded or discolored roofing materials, chipped or peeling paint and roofing materials, cracks exceeding one-quarter inch in width, holes exceeding one-half inch in diameter, vegetation, and shall be maintained in good repair and condition, and kept free of deterioration. The roof and gutters and must be replaced, repaired, recovered or re-cleaned when any exposed surface becomes rusted, corroded, rotted, discolored, cracked, has holes or is scaling, according to manufactures' specifications and vegetation shall be removed. Said repairs shall be consistent with the materials used on the existing roof and gutters and shall provide a uniform appearance.

(e)

All trim features and materials, including, but not limited to, cornices, corbels, and similar decorative features shall be kept free of rust and corrosion, rotted wood, graffiti, faded or discolored paint or varnish, chipped or peeling paint, cracks exceeding one-quarter inch in width, holes exceeding one-half inch in diameter, termites, and shall be maintained in good repair and condition, and kept free of deterioration. Trim features and materials shall be repainted, re-varnished, recovered, or re-cleaned when the exposed surface becomes rusted, corroded, discolored, chipped or covered with graffiti, or is peeling, and repaired or refilled, when the surface in not weathertight, rotted, has cracks, holes or missing pieces, or evidence of termites according to manufactures' specifications. Said repairs shall be consistent with the materials used on the existing trim features and shall provide a uniform appearance.

(f)

All fences, walls and gates shall be standing upright, free of rust and corrosion, rotted wood, graffiti, faded or discolored paint or varnish, chipped or peeling paint, cracks exceeding one-quarter inch in width, holes exceeding one-half inch in diameter, termites, and shall be maintained in good repair and condition, and kept free of deterioration. Fences, walls and gates shall be repainted, re-varnished, recovered, or re-cleaned when the exposed surface becomes rusted, corroded, discolored, chipped or covered with graffiti, or is peeling, and repaired or refilled, when the surface is rotted, has cracks, holes or missing pieces, or evidence of termites according to manufactures' specifications. Said repairs shall be consistent with the materials used on the existing fences, walls and gates and shall provide a uniform appearance.

(g)

All paved areas shall be maintained in good repair and condition, which shall include proper drainage to prevent the accumulation of pools of water, except the swale area, and the removal of all ruts, potholes, and broken pavement. Paved areas must be repaired or replaced when any deterioration occurs to the extent that the road-rock or subbase is visible according to manufactures' or County's specifications, whichever is more stringent.

(h)

All signs, including building address signs, sign faces and poles, shall be structurally sound, and shall be free of rust and corrosion, rotted wood, graffiti, faded or discolored paint, chipped or peeling paint, cracks exceeding one-quarter inch in width, holes exceeding one-half inch in diameter, termites, and shall be maintained in good repair and condition, and kept free of deterioration. Signs shall be repainted, re-varnished, recovered, or re-cleaned when the exposed surface becomes rusted, corroded, discolored, chipped or covered with graffiti, or is peeling, and repaired or refilled, when the surface is rotted, has cracks, holes or missing pieces, or electrical wires are visible according to manufactures' specifications. Sign faces with missing letters or numbers shall be replaced, and illuminated sign faces with dimmed or burnt out bulbs must be returned to illuminated condition. Said repairs shall be consistent with the materials used on the sign and shall provide a uniform appearance.

(i)

All light poles and their appurtenances shall be structurally sound, standing upright, and shall be free of rust and corrosion, rotted wood, graffiti, faded or discolored paint, chipped or peeling paint, cracks exceeding one-quarter inch in width, holes exceeding one-half inch in diameter, termites, and shall be maintained in good repair and condition, and kept free of deterioration. Light poles and their appurtenances shall be repainted, re-varnished, recovered, or re-cleaned when the exposed surface becomes rusted, corroded, discolored, chipped or covered with graffiti, or is peeling, and repaired or refilled, when the surface is rotted, has cracks, holes or missing pieces, or electrical wires are visible according to manufactures' specifications. Burned out bulbs and tubes shall be replaced. Said repairs shall be consistent with the materials used on the light poles and shall provide a uniform appearance.

(j)

Any person who boards up or causes to be boarded up any structure, and any owner who permits a structure to be boarded up shall paint, or cause to be painted, the material used to board up the structure the same color as the building. In addition, any person who boards up or causes to be boarded up any structure, and any owner who permits a structure to be boarded up shall maintain, or cause to be maintained, the exterior of the structure and the premises on which the structure is erected as required herein.

(k)

Mailboxes shall be standing upright, shall be in good repair and condition, and free of rust and corrosion, rotted wood, graffiti, faded or discolored paint, chipped or peeling paint, and shall not be in deteriorated or dilapidated condition. Mailboxes shall be repainted, re-varnished, recovered, or re-cleaned when the exposed surface becomes rusted, corroded, discolored, chipped or covered with graffiti, or is peeling, and repaired or refilled, when the surface is rotted, has cracks, holes or missing pieces, or evidence of termites according to manufactures' specifications. Said repairs shall be consistent with the materials used on the existing mailbox and shall provide a uniform appearance.

(Ord. No. 2016-14, § 3(10502), 5-24-2016)

(a)

In order to educate property owners concerning these community appearance standards, a six-month grace period from the effective date of the ordinance from which this division is derived is established. During this grace period, warnings may be provided to the property owner advising of nonconformance but a notice of violation shall not be issued.

(b)

Any Enforcement Official is authorized to enforce the requirement herein.

(c)

Any violation of this division may be enforced as provided in F.S. § 125.69, or Article XI, Division 10, of this chapter. Appeals shall be as provided for in Section 20-1586. In addition, the County may bring suit to restrain, enjoin, or otherwise prevent a violation of or mandate compliance with this division.

(d)

Violations of this division may be enforced as provided in F.S. ch. 162.

(Ord. No. 2016-14, § 4(10503), 5-24-2016)

The Development Department is authorized to prepare and approve inspection forms or checklists to implement the community appearance standards.

(Ord. No. 2016-14, § 5(10504), 5-24-2016)

The minimum rental housing exterior maintenance standards in this division shall apply only to the rental of a dwelling, or dwelling unit.

(Ord. No. 2016-13, § 2(10601), 5-24-2016)

(a)

Foundation. The building foundation, or other structural elements of every dwelling or dwelling unit, shall be weathertight, maintained in a safe manner, free from cracks exceeding one-quarter inch in width, holes exceeding one-half inch in diameter, and shall be kept in such condition so as to prevent the entry of rain and wind, rodents and other pests, and shall be capable of supporting the load which normal use may place thereon consistent with the Florida Building Code or consistent with the practice at the time the dwelling was constructed. The foundation shall be repaired if it is not structurally sound, weathertight, free from cracks exceeding one-quarter inch in width, holes exceeding one-half inch in diameter, or rodents and other pests.

(b)

Exterior walls. All building exterior wall surfaces shall be structurally sound, weathertight, painted, and shall be kept free of rust and corrosion, rotted wood, graffiti, faded or discolored paint or varnish, chipped or peeling paint, cracks exceeding one-quarter inch in width, holes exceeding one-half inch in diameter, termites, and shall be maintained in good repair and condition, and free from deterioration. The building exterior wall surfaces shall be repainted, re-varnished, recovered, or re-cleaned when the exposed surface becomes rusted, corroded, discolored, chipped or covered with graffiti, or is peeling, and repaired or refilled, when the surface in not weathertight, rotted, has cracks, holes or missing pieces, or evidence of termites according to manufactures' specifications. Said repairs shall be consistent with the materials used on the existing exterior wall surfaces and shall provide a uniform appearance.

(c)

Doors. All doors, including garage doors, shall be structurally sound, weathertight, painted, and shall be kept free of rust and corrosion, rotted wood, graffiti, faded or discolored paint or varnish, chipped or peeling paint, cracks exceeding one-quarter inch in width, holes exceeding one-half inch in diameter, and termites, and shall be maintained in good repair and condition, and free from deterioration. The doors and doorframes shall be repainted, re-varnished, recovered, or re-cleaned when the exposed surface becomes rusted, corroded, discolored, chipped or covered with graffiti, or is peeling, and repaired or refilled, when the surface in not weathertight, rotted, has cracks, holes or missing pieces, or evidence of termites according to manufactures' specifications. Other exterior features associated with doors, including, but not limited to, the frame, locks, handles shall be maintained in good working condition and kept free of deterioration. Said repairs shall be consistent with the materials used on the existing doors and appurtenances and shall provide a uniform appearance.

(d)

Windows. All broken windows shall be replaced. Other exterior features associated with windows, including, but not limited to, frames, sills, casings, shutters, and hurricane shutters, shall be kept weathertight, free of rust and corrosion, rotted wood, graffiti, faded or discolored paint or varnish, chipped or peeling paint, cracks exceeding one-quarter inch in width, holes exceeding one-half inch in diameter, termites, and shall be maintained in good working condition, and kept free of deterioration. The window exterior features shall be repainted, re-varnished, recovered, or re-cleaned when the exposed surface becomes rusted, corroded, discolored, chipped or covered with graffiti, or is peeling, and repaired or refilled, when the surface in not weathertight, rotted, has cracks, holes or missing pieces, or evidence of termites according to manufactures' specifications. Said repairs shall be consistent with the materials used on the existing windows and their appurtenances and shall provide a uniform appearance.

(e)

Roofs and gutters. All roofs and gutters shall be structurally sound, weathertight, and shall be kept free of rust and corrosion, rotted wood, graffiti, faded or discolored paint and roofing materials, chipped or peeling paint and roofing materials, faded or discolored roofing materials, chipped or peeling paint and roofing materials, cracks exceeding one-quarter inch in width, holes exceeding one-half inch in diameter, vegetation, and shall be maintained in good repair and condition, and kept free of deterioration. The roof and gutters and must be replaced, repaired, recovered or re-cleaned when any exposed surface becomes rusted, corroded, rotted, discolored, cracked, has holes or is scaling, according to manufactures' specifications and vegetation shall be removed. Said repairs shall be consistent with the materials used on the existing roof and gutters and shall provide a uniform appearance.

(f)

Trim features and materials. All trim features and materials, including, but not limited to, cornices, corbels, and similar decorative features shall be kept free of rust and corrosion, rotted wood, graffiti, faded or discolored paint or varnish, chipped or peeling paint, cracks exceeding one-quarter inch in width, holes exceeding one-half inch in diameter, termites, and shall be maintained in good repair and condition, and kept free of deterioration. Trim features and materials shall be repainted, re-varnished, recovered, or re-cleaned when the exposed surface becomes rusted, corroded, discolored, chipped or covered with graffiti, or is peeling, and repaired or refilled, when the surface in not weathertight, rotted, has cracks, holes or missing pieces, or evidence of termites according to manufactures' specifications. Said repairs shall be consistent with the materials used on the existing trim features and shall provide a uniform appearance.

(g)

Fences, walls and gates. All fences, walls and gates shall be standing upright, free of rust and corrosion, rotted wood, graffiti, faded or discolored paint or varnish, chipped or peeling paint, cracks exceeding one-quarter inch in width, holes exceeding one-half inch in diameter, termites, and shall be maintained in good repair and condition, and kept free of deterioration. Fences, walls and gates shall be repainted, re-varnished, recovered, or re-cleaned when the exposed surface becomes rusted, corroded, discolored, chipped or covered with graffiti, or is peeling, and repaired or refilled, when the surface is rotted, has cracks, holes or missing pieces, or evidence of termites according to manufactures' specifications. Said repairs shall be consistent with the materials used on the existing fences, walls and gates and shall provide a uniform appearance.

(h)

Overhang extensions. All overhang extensions of every dwelling or dwelling unit, including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good state of repair and be properly anchored so as to be kept in a sound good working condition. Overhang extensions shall be repainted, re-varnished, recovered, or re-cleaned when the exposed surface becomes rusted, corroded, discolored, chipped or covered with graffiti, or is peeling, and repaired or refilled, when the surface is rotted, has cracks, holes or missing pieces, or evidence of termites according to manufactures' specifications. Said repairs shall be consistent with the materials used on the overhang extensions and shall provide a uniform appearance.

(i)

Stairs, porches, and appurtenances. Every outside stairway, stair, porch, deck, balcony and any appurtenance thereto of every dwelling or dwelling unit, shall be maintained in safe condition and capable of supporting a load that normal use may place thereon consistent with the Florida Building Code or consistent with the practice at the time the dwelling was constructed. Stairs, porches, and appurtenances shall be repainted, re-varnished, recovered, or re-cleaned when the exposed surface becomes rusted, corroded, discolored, chipped or covered with graffiti, or is peeling, and repaired or refilled, when the features are not structurally sound, the surface is rotted, has cracks, holes or missing pieces, or evidence of termites according to manufactures' specifications. Said repairs shall be consistent with the materials used on the stairs, porches or appurtenances and shall provide a uniform appearance.

(j)

Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances of every dwelling or dwelling unit, shall be maintained structurally safe and sound, and in good state of repair. Chimneys and towers shall be repainted, re-varnished, recovered, or re-cleaned when the exposed surface becomes rusted, corroded, discolored, chipped or covered with graffiti, or is peeling, and repaired or refilled, when the features are not structurally sound, the surface is rotted, has cracks, holes or missing pieces, or evidence of termites according to manufactures' specifications. Said repairs shall be consistent with the materials used on the chimneys and towers and shall provide a uniform appearance.

(k)

Screens. Every window of every dwelling or dwelling unit, opening directly from the dwelling unit or dwelling to outdoor space shall have screens if they are necessary to meet the minimum requirements for ventilation consistent with the Florida Building Code. All screens, whether required or not, shall be maintained in good working condition, free from rips or tears, and shall be properly fitted within the frame. Screens with tears, rips, holes exceeding one-quarter inch in diameter, shall be repaired or replaced.

(l)

Building security. Doors, windows or hatchways for dwellings or dwelling units shall be provided with devices designed to reasonably prevent unauthorized entry. The use of hasp and staple style devices on exterior windows and doors, which are required for means of escape, shall be prohibited on occupied dwellings.

(m)

Boarded structures. Any person who boards up or causes to be boarded up any structure, and any owner who permits a structure to be boarded up shall paint, or cause to be painted, the material used to board up the structure the same color as the building. In addition, any person who boards up or causes to be boarded up any structure, and any owner who permits a structure to be boarded-up shall maintain, or cause to be maintained, the exterior of the structure and the premises on which the structure is erected as required herein.

(n)

Mailboxes. Mailboxes shall be standing upright, shall be in good repair and condition, and free of rust and corrosion, rotted wood, graffiti, faded or discolored paint, chipped or peeling paint, and shall not be in deteriorated or dilapidated condition. Mailboxes shall be repainted, re-varnished, recovered, or re-cleaned when the exposed surface becomes rusted, corroded, discolored, chipped or covered with graffiti, or is peeling, and repaired or refilled, when the surface is rotted, has cracks, holes or missing pieces, or evidence of termites according to manufactures' specifications. Said repairs shall be consistent with the materials used on the existing mailbox and shall provide a uniform appearance.

(Ord. No. 2016-13, § 3(10602), 5-24-2016)

(a)

In order to educate property owners concerning this division, a six-month grace period from the effective date of the ordinance from which this division is derived is established. During this grace period, warnings may be provided to the property owner advising of nonconformance but a notice of violation shall not be issued.

(b)

Any Enforcement Official is authorized to enforce the requirement herein.

(c)

Any violation of this division may be enforced as provided in F.S. § 125.69, or Article XI, Division 10, of this chapter. Appeals shall be as provided for in Section 20-1586. In addition, the County may bring suit to restrain, enjoin, or otherwise prevent a violation of or mandate compliance with this division.

(d)

Violations of this division may be enforced as provided in F.S. ch. 162.

(Ord. No. 2016-13, § 4(10603), 5-24-2016)

The Development Department is authorized to prepare and approve inspection forms or checklists to implement the minimum maintenance standards.

(Ord. No. 2016-13, § 5(10604), 5-24-2016)

The following procedure shall be used in determining floodplain permitting and approval, provided that it does not alter the functionality of the floodplains as determined by FEMA's adopted flood insurance rate maps (FIRMs).

(LDR, § 10400, intro. ¶; Res. No. 2013-74, Exh. 1, 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

It is determined that bona fide agricultural practices and ancillary structures supporting bona fide agricultural operations outside the designated floodways will not alter the functionality of the floodplains as determined by the latest FIRM for the County. For the purposes of this section, ancillary structures do not include agricultural structures as defined in Section 20-1127. The following procedures shall apply: Typical practices within lands located in the floodplains as determined by FEMA adopted FIRMs and considered as bona fide agriculture lands shall be considered de minimus under this division and would require no floodplain permit. Examples of those de minimus activities are as follows:

(1)

Fencing outside the floodway boundaries as defined by the FIRMs.

(2)

General agricultural practices for production, such as disking, laser level, moving soil from one place to another to establish proper grading (outside floodway boundaries).

(3)

Equipment stored in open fields or under trees.

(4)

Storage of plants and field harvest crops in open fields.

(5)

Redefining and maintaining canals and ditches for adequate flow as approved by the water management district not designated as floodways by the FIRMs.

(6)

Re-grading and maintenance of existing dirt roads.

(7)

Pole barn structures used strictly for shade and storage located outside the boundaries of the defined floodway. Said structures shall have no more than one wall or any floor that requires fill in the floodplain.

(8)

Access roadways and driveways.

(9)

Other activities as may be determined by the Floodplain Administrator as de minimus.

(LDR, § 10400, intro. ¶; Res. No. 2013-74, Exh. 1, 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

(a)

Title. This division shall be known as "the Floodplain Management Regulations of DeSoto County."

(b)

Scope. The provisions of this division 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 homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development.

(c)

Intent. The purposes of this division and the flood load and flood-resistant construction requirements of the Florida Building Code are 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 44 CFR 59.22.

(d)

Coordination with the Florida Building Code. This division is 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.

(e)

Warning. The degree of flood protection required by this division and the Florida Building Code, as amended by this community, 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 manmade or natural causes. This division does 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 44 CFR 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations 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 division.

(f)

Disclaimer of liability. This division shall not create liability on the part of Board of County Commissioners or by any officer or employee of the County for any flood damage that results from reliance on this division or any administrative decision lawfully made thereunder.

(LDR, § 10400.101.1—10400.101.6; Ord. No. 2013-04, § 2(101.1—101.6), 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

(a)

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

(b)

Areas to which this division applies. This division shall apply to all flood hazard areas within the County, as established in Subsection (c) of this section.

(c)

Basis for establishing flood hazard areas. The Flood Insurance Study for DeSoto County, Florida, and Incorporated Areas, dated October 7, 2021, and all subsequent amendments and revisions, and the accompanying flood insurance rate maps (FIRMs), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this division 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 County Planning and Zoning Department, 201 E. Oak Street, Suite 204, Arcadia, FL.

(d)

Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 20-1098, the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a State-licensed professional surveyor or digital topography accepted by the community 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 division 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 division shall not be deemed to nullify any provisions of local, State or Federal law.

(f)

Abrogation and greater restrictions. This division 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 this division and any other ordinance, the more restrictive shall govern. This division shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this division.

(g)

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

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the Board of County Commissioners; and

(3)

Deemed neither to limit nor repeal any other powers granted under State law.

(LDR, §§ 10400.102.1—10400.102.6; Ord. No. 2013-04, § 2(102.1—102.6), 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

(a)

Designation. The County Building Official is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees.

(b)

General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this division. The Floodplain Administrator shall have the authority to render interpretations of this division consistent with the intent and purpose of this division 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 division without the granting of a variance pursuant to Section 20-1100.

(c)

Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of the community, 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 division;

(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 permits or 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 division is demonstrated, or disapprove the same in the event of noncompliance; and

(8)

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

(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 Department, 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 division 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 20-1100.

(f)

Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this division.

(g)

Inspections. The Floodplain Administrator shall make the required inspections as specified in Section 20-1099 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 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 Subsection (d) of this section;

(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 division 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 County 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 this division and the flood-resistant construction requirements of the Florida Building Code, including flood insurance rate maps; letters of change; records of issuance of permits and denial of 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 this division; 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 division and the flood-resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the County Building Department and/or the Planning and Zoning Department.

(LDR, §§ 10400.103.1—10400.103.9; Ord. No. 2013-04, § 2(103.1—103.9), 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

(a)

Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this division, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and/or the Building Official if applicable, and shall obtain the required permit and approval. No such permit or approval shall be issued until compliance with the requirements of this division and all other applicable codes and regulations has been satisfied.

(b)

Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this division for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.

(c)

Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of Federal regulation for participation in the National Flood Insurance Program (44 CFR 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this division:

(1)

Railroads and ancillary facilities associated with the railroad.

(2)

Nonresidential 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 subsection, 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.

(d)

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

(1)

Identify and describe the development to be covered by the permit or 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 20-1098.

(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.

(e)

Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this division shall not be construed to be a permit for, or approval of, any violation of this division, the Florida Building Code, or any other ordinance of the County. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions.

(f)

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

(g)

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

(h)

Other permits required. Floodplain development permits 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; F.S. § 373.036.

(2)

Florida Department of Health for on-site sewage treatment and disposal systems; F.S. § 381.0065, and F.A.C. ch. 64E-6.

(3)

Florida Department of Environmental Protection for activities subject to the joint coastal permit; F.S. § 161.055.

(4)

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.

(5)

Federal permits and approvals.

(LDR, §§ 10400.104.1—10400.104.7; Ord. No. 2013-04, § 2(104.1—104.7), 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

(a)

Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this division shall be drawn to scale and shall include, as applicable to the proposed development:

(1)

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

(2)

Where 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 Subsection (b)(2) or (3) of this section.

(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 Subsection (b)(1) of this section.

(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 division 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 division.

(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 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, advise the applicant that the analyses shall be prepared by a State-licensed engineer in a format required by FEMA, and that 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 State-licensed engineer for submission with the site plan and construction documents:

(1)

For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis 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 Subsection (d) of this section 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, hydrologic and hydraulic analyses that demonstrate 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 Subsection (d) of this section.

(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 State-licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

(LDR, §§ 10400.105.1—10400.105.4; Ord. No. 2013-04, § 2(105.1—105.4), 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

(a)

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

(b)

Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this division and the conditions of issued floodplain development permits or approvals.

(c)

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

(d)

Buildings, structures and facilities 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:

(1)

If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a State-licensed professional surveyor; or

(2)

If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 20-1098(b)(3)b, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent.

(e)

Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent 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 Subsection (d) of this section.

(f)

Manufactured homes. The Building Official shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this division and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Building Official.

(LDR, §§ 10400.106.1—10400.106.1.3; Ord. No. 2013-04, § 2(106.1—106.1.3), 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

(a)

General. The Board of County Commissioners shall hear and decide on requests for appeals and requests for variances from the strict application of this division. Pursuant to F.S. § 553.73(5), the Board of County Commissioners 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.

(b)

Appeals. The Board of County Commissioners 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 division. Any person aggrieved by the decision of Board of County Commissioners may appeal such decision to the Circuit Court, as provided by State law.

(c)

Limitations on authority to grant variances. The Board of County Commissioners shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Subsection (g) of this section, the conditions of issuance set forth in Subsection (h) of this section, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Board of County Commissioners has the right to attach such conditions as it deems necessary to further the purposes and objectives of this division.

(d)

Restrictions in floodways. 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 20-1098(c).

(e)

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 12, 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.

(f)

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 division, provided the variance meets the requirements of Subsection (d) of this section, 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.

(g)

Considerations for issuance of variances. In reviewing requests for variances, the Board of County Commissioners shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this division, 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.

(h)

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 division or the required elevation standards;

(2)

Determination by the Board of County Commissioners 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.

(i)

Agricultural structures. A variance is authorized to be issued for the construction or substantial improvement of agricultural structures below the required elevation provided the requirements of this section are satisfied and:

(1)

A determination has been made that the proposed agricultural structure:

a.

Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.

b.

Has low damage potential (amount of physical damage, contents damage, and loss of function).

c.

Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effects of flooding on manure storage, livestock confinement operations, liquified natural gas terminals, and production and storage of highly volatile, toxic, or water-reactive materials.

d.

Is not located in a coastal high hazard area (Zone V/VE), except for aquaculture structures dependent on close proximity to water.

e.

Complies with the wet floodproofing construction requirements of paragraph (2), below.

(2)

Wet floodproofing construction requirements.

a.

Anchored to resist flotation, collapse, and lateral movement.

b.

When enclosed by walls, walls have flood openings that comply with the flood opening requirements of ASCE 24, Chapter 2.

c.

Flood damage-resistant materials are used below the base flood elevation plus one foot.

d.

Mechanical, electrical, and utility equipment, including plumbing fixtures, are elevated above the base flood elevation plus one foot.

(LDR, §§ 10400.106.7.1—10400.106.7.7; Ord. No. 2013-04, § 2(107.1—107.7), 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

(a)

General. Any development that is not within the scope of the Florida Building Code but that is regulated by this division that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this division, shall be deemed a violation of this division. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this division or the Florida Building Code is presumed to be a violation until such time as that documentation is provided.

(b)

Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this division 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.

(LDR, §§ 10400.108.1—10400.108.3; Ord. No. 2013-04, § 2(108.1—108.3), 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

(a)

Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this division, have the meanings shown in this subdivision.

(b)

Terms defined in the Florida Building Code. Where terms are not defined in this division and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code.

(c)

Terms not defined. Where terms are not defined in this division or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies.

(LDR, §§ 10400.201.1—10400.201.3; Ord. No. 2013-04, § 2(201.1—201.3), 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.

Agricultural structure means, for floodplain management purposes, a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.

Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of this division or a request for a variance.

ASCE 24 means a standard titled "Flood Resistant Design and Construction" that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.

Base flood means a flood having a one percent chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the "100-year flood" or the "one-percent-annual chance flood."

Base flood elevation means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the flood insurance rate map (FIRM).

Basement means the portion of a building having its floor subgrade (below ground level) on all sides.

Design flood means the flood associated with the greater of the following two areas:

(1)

Area with a floodplain subject to a one percent or greater chance of flooding in any year; or

(2)

Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Design flood elevation means the elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two feet.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities.

Encroachment means the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

Existing building and existing structure means any buildings and structures for which the start of construction commenced before March 22, 1983.

Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.

Flood hazard area means the greater of the following two areas:

(1)

The area within a floodplain subject to a one percent or greater chance of flooding in any year.

(2)

The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Flood insurance rate map (FIRM) means the official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community.

Floodplain Administrator means the office or position designated and charged with the administration and enforcement of this division (may be referred to as the Floodplain Manager).

Floodplain development permit or approval means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this division.

Floodway encroachment analysis means an engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified State-licensed engineer using standard engineering methods and models.

Florida Building Code means the family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term "functionally dependent use" does not include long-term storage or related manufacturing facilities.

Historic structure means any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12, Historic Buildings.

Letter of map change (LOMC) means an official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

(1)

Letter of map amendment (LOMA) means an amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

(2)

Letter of map revision (LOMR) means a revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

(3)

Letter of map revision based on fill (LOMR-F) means a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

(4)

Conditional letter of map revision (CLOMR) means a formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM.

Light-duty truck, as defined in 40 CFR 86.082-2, means any motor vehicle rated at 8,500 pounds gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

(1)

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle;

(2)

Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

(3)

Available with special features enabling off-street or off-highway operation and use.

Lowest floor means the lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24.

Manufactured home means a structure, transportable in one or more sections, which is eight feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle or park trailer.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Market value means the value of buildings and structures, excluding the land and other improvements on the parcel. Market value is the actual cash value (like-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction), determined by a qualified independent appraiser, or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser.

New construction, for the purposes of administration of this division and the flood-resistant construction requirements of the Florida Building Code, means structures for which the start of construction commenced on or after March 22, 1983, and includes any subsequent improvements to such structures.

Park trailer means a transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances.

Recreational vehicle means a vehicle, including a park trailer, which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Special flood hazard area means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1—A30, AE, A99, AH, V1—V30, VE or V.

Start of construction means the date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Substantial improvement means any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term "substantial improvement" does not, however, include either:

(1)

Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the Building Official and that are the minimum necessary to assure safe living conditions.

(2)

Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure.

Variance means a grant of relief from the requirements of this division, or the flood-resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this division or the Florida Building Code.

Watercourse means a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.

(LDR, § 10400.202; Ord. No. 2013-04, § 2(202), 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

Pursuant to Section 20-1097(c), 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 20-1154.

(LDR, § 10400.301.1; Ord. No. 2013-04, § 2(301.1), 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

(a)

Minimum requirements. Subdivision proposals, including proposals for manufactured 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 AD, 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 home parks and subdivisions, lies within a flood hazard area, the following shall be required:

(1)

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 20-1098(b)(1); and

(2)

Compliance with the site improvement and utilities requirements of Section 20-1150.

(LDR, §§ 10400.302.1, 10400.302.2; Ord. No. 2013-04, § 2(302.1, 302.2), 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

(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 on-site sewage treatment and disposal systems in F.A.C. ch. 64E-6, and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into floodwaters, 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 F.A.C. ch. 62-532.500, 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 re-grading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 20-1098(c)(1) 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 this division, 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 (Zone A only), fill shall comply with the requirements of the Florida Building Code.

(LDR, §§ 10400.303.1—10400.303.5; Ord. No. 2013-04, § 2(303.1—303.5), 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

(a)

General. All manufactured 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 F.A.C. ch. 15C-1, and the requirements of this division.

(b)

Foundations. All new manufactured homes and replacement manufactured 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 division.

(c)

Anchoring. All new manufactured homes and replacement manufactured 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. All manufactured homes that are placed, replaced, or substantially improved in flood hazard areas shall be elevated such that the bottom of the frame is at or above the elevation required in the Florida Building Code, Residential Section R322.2 (Zone

(e)

Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas.

(f)

Utility equipment. Utility equipment that serves manufactured 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.

(LDR, §§ 10400.304.1—10400.304.4.2, 10400.304.4.5, 10400.304.6; Ord. No. 2013-04, § 2(304.1—304.4.2, 304.4.5, 304.6), 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

(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 Subsection (a) of this section for temporary placement shall meet the requirements of Section 20-1151 for manufactured homes.

(LDR, §§ 10400.305.1, 10400.305.2; Ord. No. 2013-04, § 2(305.1, 305.2), 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

(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 Subsection (c) of this section shall be permitted in flood hazard areas 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.

(LDR, §§ 10400.306.1—10400.306.4; Ord. No. 2013-04, § 2(306.1—306.4), 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

(a)

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

(1)

Be located and constructed to minimize flood damage;

(2)

Meet the limitations of Section 20-1150(d) 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, 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 20-1150(d).

(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 20-1150(d).

(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 20-1150(d). Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 20-1098(c)(3).

(LDR, §§ 10400.307.1—10400.307.4; Ord. No. 2013-04, § 2(307.1—307.4), 10-22-2013; Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)

At-grade accessory structures are permitted below the base flood elevation provided the accessory structures are used only for parking or storage and:

(a)

If located in special flood hazard areas (Zone A/AE), are one-story and not larger than 600 sq. ft. and have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential.

(b)

Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.

(c)

Have flood damage-resistant materials used below the base flood elevation plus one foot.

(d)

Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one foot.

(Ord. No. 2021-04, § 1, 9-14-2021, eff. 10-7-2021)