1.

It is intended to establish an overlay zoning district designated as flood hazard (FH) districts and to depict such districts on the official zoning map. Flood hazard districts are declared to be areas subject to periodic inundation ranging from moderate to severe, and within such areas to regulate and restrict land uses in such a manner as to protect life and property, prevent or minimize damage, and reduce public costs for flood control and rescue and relief efforts occasioned by unwise use or occupancy of such areas. These districts are further intended to protect and preserve natural open spaces, park lands, swamp lands, watersheds, recharge areas, lakes, and their connecting canals. To further the purpose and intent of this chapter, permitted and permissible uses are limited to conservation, agriculture, low intensity recreation, and with certain limitations, other land uses not contrary to the character of these districts.

2.

In order to minimize flood hazards, it is intended to distinguish between floodways, which are defined as channels through which water passes at substantial depths or velocities, and bordering areas needed for structural controls; and flood plains where inundation may occur but where depth and velocities are generally low during periods of flooding. It is further intended that these regulations shall relate to design floods, which are defined as floods likely to occur under probable conditions at 100-year frequencies.

3.

These overlay district boundaries are delineated on the zoning map in the form of an outlined pattern and in certain cases by an actual district boundary line. When there are instances of conflict between the flood hazard regulations and those of the underlying zoning district, the more restrictive regulations shall take precedence.

1.

Within the City of Eagle Lake, floodways and flood plain areas of all lakes, streams, or ponds in the city shall be considered to extend from the normal bank of said waterways to the upper limit of a water elevation line for a 100-year frequency flood. This upper limit of water elevation line, when not determined by an agency of the city or other public agency shall be determined by the petitioner for a development permit (building permit, site plan approval, rezoning or subdivision approval, or special exception) based upon the following criteria:

A.

Floodways and flood plains. When a determination is proposed by a petitioner, the petitioner for such development permit, having land within the FH overlay district, may be required to provide boundary surveys, topographic maps, plans, hydrological and geological data, soil data, and such other information necessary for factual analysis of the subject property to demonstrate the relationship of the property and proposed development to the floodways or flood plains.

B.

The petitioner shall be required to obtain all applicable federal and state permits and submit such permits as a part of any development order.

C.

Failure of the petitioner to justify the development permit request or to demonstrate the ability to develop within the stated intent of this district shall be adequate ground for denial of the development permit.

2.

Errors in determination of floodways or flood plain. If it is determined by the planning commission at the time of hearing of the petition request that an error has been made in establishing and locating the flood hazard district boundary, the planning commission shall recommend corrections accordingly to the city commission for zoning map amendments pursuant to the provisions of these land development regulations.

(Ord. No. O-25-07, § 1, 6-2-2025)

When determining which uses and structures are permitted in FH districts, and what conditions and safeguards are to be applied thereto, the administrative official may consult with the planning commission. Either or both the administrative official or the planning commission shall be guided by the requirements and considerations herein:

1.

Flood plain protection. Uses and structures permitted in particular flood hazard areas shall be limited to those least likely to be damaged by the kind and amount of flooding anticipated. No area known to be susceptible to frequent and dangerous flash floods shall be permitted to be used as a place of assembly for substantial numbers of persons during periods when such floods are likely to occur. Any structures permitted in flood hazard areas shall be so located and constructed in accordance with the Florida Building Code and Chapter 7.5, so as to minimize potential hazards and damage from probable flooding, resist flotation, and offer minimum obstruction to flood flow. No use shall be permitted which increases amounts of potentially damaging materials (including those likely to be injurious to health) which might be carried downstream in floods.

(Ord. No. O-25-07, § 1, 6-2-2025)

Editor's note— Ord. No. O-25-07, § 1, adopted June 2, 2025, repealed § 7.1.1.40, which pertained to warning and disclaimer of liability and carried no amendatory history.

1.

Permitted principal uses and structures. The following list of uses are specifically permitted in the flood hazard district. Uses not listed are subject to a finding by the administrative official that such unlisted use would be in keeping with the purpose and intent of the district:

A.

Agricultural and horticultural uses, but not to include keeping and raising of livestock and poultry.

B.

Temporary roadside stands for sales of products grown on the premises with sale limited only to such products.

C.

Private camps (including day camps).

D.

Noncommercial beaches, docks, boat launching facilities, boathouses, and the like, provided that no dock shall extend over 75 feet from the ten-year flood stage frequency elevation of the particular body of water or stream as established by the Southwest Florida Water Management District and that no boathouse or other enclosed structure in such districts shall exceed a height above ground or water where situated of 12 feet above said elevation, or contain an area exceeding 300 square feet.

E.

Fish hatcheries and refuges.

F.

Water wells.

G.

Private fish camps.

H.

Publicly owned and operated parks, picnic areas, campgrounds, recreational areas, and uses appropriate to the intended character of the district or necessary to the preservation and maintenance of permitted uses and structures.

I.

Existing single-family detached residential structures.

J.

Existing railroad right-of-way and switching yards and accessory residential structures for railroad personnel.

2.

Permitted accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures; provided, however, that no permanent residential structures shall be permitted in the district except for those of owners or employees necessarily required to reside on the premises. Where such residential structures are permitted or necessary, not more than one such accessory single-family detached dwelling unit shall be permitted for each five acres of lot area except as provided otherwise and that all such dwelling units shall have a floor elevation of not less than three feet above design flood levels.

3.

Prohibited uses and structures.

A.

Residential and institutional uses, except as provided under FH, "Accessory Uses and Structures."

B.

Commercial uses, except as specifically permitted or permissible as special exceptions.

C.

Industrial uses.

D.

Off-site advertising signs and billboards.

E.

All uses not specifically listed as permitted or permissible principal uses.

1.

Pursuant to all requirements and public hearings, the following uses may be allowed as special exceptions in the FH district:

A.

Commercial fishing camps.

B.

Marinas without major repairs or dry storage of pleasure craft.

C.

Commercial campground or recreational areas.

D.

Water reservoirs and control structures; drainage wells.

E.

Private camps sponsored by nonprofit organizations.

F.

Riding academy and the like.

G.

Major grading, filling, excavating and dredging. (See the below standards in [section] 7.1.1.60(2)(B) for determination.)

H.

Kennels.

2.

Standards for special exceptions. In addition to the general guides and standards for special exceptions, the planning commission shall apply the standards and guidelines herein when considering any special exception in the FH district:

A.

Flood and erosion control works; structures in navigable waters.

1.

Before erection, construction, or alteration of any flood or erosion control work or structure in navigable waters, the petitioner shall submit to the planning commission a plan showing the location of the contemplated structures in conjunction with adjoining lands, waters, and channels, and detailing the specifications and cost of the proposed work. All plans and specifications, except for residential piers, bulkheads, and seawalls, shall be prepared by a professional licensed to practice this type [of] design work in Florida.

2.

No works shall be permitted which will damage the subject or adjoining properties. All works shall be designed to provide a degree of protection consistent with the intended uses of the property.

3.

Fill and other materials for protective works shall be protected against erosion by such methods as riprap, vegetative cover, or bulk heading.

4.

The petitioner shall obtain all necessary state and federal approval prior to final approval and beginning construction of the proposed work.

B.

Grading, filling, excavating and dredging. A special exception shall be required from the planning commission before grading, filling, excavating or dredging of any land which will result in an exposed surface of more than 43,560 square feet or the fill, excavation or dredging of more than 5,000 cubic yards of work, sand or soil material. The planning commission may permit the proposed activity only if it will not seriously disturb, damage, or cause upland erosion or interfere with natural drainage. The planning commission may require a plan for the proposed work and topographic, engineering, or geologic or other studies based upon the plan to determine the nature, strength, and distribution of existing and proposed soils, and the adequacy of design criteria. The planning commission may grant a special exception subject to conditions pertaining to final slope and grade, period of ground cover removal, bulk heading, construction of retaining walls, riprapping, landscaping, drainage facilities, reconstruction of natural storm protective features and other materials. The planning commission may require the developer to post a bond to assure that proposed protective measures are carried out as planned.

The following setbacks shall apply in the FH district:

1.

Residential structure as accessory to principal uses.

A.

Minimum parcel width: 200 feet.

B.

Minimum parcel area: five acres; provided a single-family detached residential structure may be erected as an accessory use on a parcel of lesser size where such parcel is classified under chapter 193.461, Florida Statutes, as an agricultural use.

2.

Other permitted or permissible uses or structures. None except as otherwise specified or as necessary to meet all other requirements herein set out.

A.

Maximum lot coverage of all structures on site: five percent.

B.

Maximum impervious surface coverage: ten percent.

C.

Minimum yard requirements: all structures, permitted and permissible, except where a greater distance for yard or setback is required for the particular use involved.

1.

Front: 50 feet.

2.

Side and rear: 35 feet.

D.

Maximum height of structures: no portion intended for human occupancy shall exceed: 35 feet.

E.

Minimum off-street parking requirements: unrestricted provided:

1.

No off-street parking or loading shall at any time be on public rights-of-way.

2.

For uses permitted in OUA, off-street parking and loading requirements shall be as for OUA.

The city is committed to the protection of environmental resources through the adoption of the comprehensive plan and more specifically the adoption of the conservation element of the plan. Some of the issues addressed in this element include surface water, water wells, lakes, fisheries, and wetlands. Other issues contained in the element are addressed as appropriate in other chapters of the land development regulations. This chapter provides the regulations necessary to implement stormwater management systems, water well protection, impervious surface coverage, and protection of lakes, wetlands, threatened or endangered species habitat, conservation areas, native ecological communities, and water shortages.

Storm water management systems shall conform to specifications and standards of the Environmental Protection Agency, the Florida Department of Environmental Protection, the Southwest Florida Water Management District, and Polk County.

Subdrainage facilities shall conform to FDOT specifications and standards.

1.

For enforcement purposes, the city has adopted by reference Polk County Ordinance No. 93-03, Polk County Stormwater Management.

2.

For enforcement purposes, the city has adopted a stormwater management program.

Site improvements where drainage is necessary shall be constructed in accordance with this section.

1.

Design standards. Retention areas and other drainage facilities shall not be located in or encroach upon landscape buffers that are required under this chapter. This provision does not prohibit the landscaping of retention areas and drainage easements in accordance with a plan approved by the administrative official.

A.

Subdivisions. All proposed projects for construction approval shall be required to submit site and drainage plans to Southwest Florida Water Management District for application, approval, or exemption as specified in F.S. chapters 373 and 120, and chapter 40-D40, General Surface Water Management Permits, addressing both water quantity and quality aspects of stormwater management. All proposed developments shall be governed by F.S. § 163.3202 and Rule 9J-23.033 F.A.C. concerning concurrency.

1.

Subdivisions shall be consistent with the need to minimize flood damage.

2.

Subdivisions shall have public facilities and utilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood hazards.

3.

Subdivisions shall have drainage provided to reduce exposure to flood hazards.

B.

Commercial and industrial developments. All proposed projects for construction approval containing more than one acre of land shall conform to the same rules as set forth in subsection 1.A of this section.

2.

Drainage easements. Drainage easements shall be maintained so that their function is not impaired through plant growth, debris, or permanent fences blocking ingress or egress to this area.

3.

Off-site discharge. Any off-site discharge shall meet the requirements of the permit under the National Pollution Discharge Elimination System (NPDES) issued for the project.

1.

The intent and purpose of this section is to protect and safeguard the health, safety, and welfare of the residents and visitors of the city by providing criteria for regulating and prohibiting the use, handling, production, and storage of certain deleterious substances which may impair present and future public potable water supply wells and well fields.

2.

The generic substance list contained in division IX, appendix I of the land development regulations is provided for informational purposes and may be revised from time to time by the city commission. Persons using, handling, producing, or storing a substance on the generic list may be using, handling, producing, or storing a regulated substance as defined by this chapter and, therefore, may be subject to all the requirements of this chapter. Persons unsure as to whether they are subject to this chapter may wish to consult with the administrative official.

3.

All provisions of this chapter shall be effective within the corporate limits of the city and shall set restrictions, constraints, and prohibitions to protect present and future public potable water supply wells and well fields from degradation by contamination of deleterious substances.

4.

All institutional, commercial, and/or industrial land uses with high pollution potential shall be prohibited from locating within any water well cone of influence. Use of any materials contained in the above-referenced generic substance list shall be a determining factor in whether such use is or is not prohibited.

1.

The wellfield protection for cone of influence as depicted on the future land use map of the comprehensive plan is incorporated herein and made a part of this chapter. Any amendments, additions, or deletions to the cone of influence on the map shall be reviewed and approved in the same manner as any other comprehensive plan amendment by the city commission following written notice, by the city to property owners within the area covered by the amendment, addition, or deletion, and after public hearing.

2.

The cone of influence lines are based upon travel time contours and one foot drawdown contours. They are generated using a contaminant transport computer model that simulates pollutant movement using particles released around wells in an inverted head/velocity field.

3.

The cone of influences line on the future land use map shall be reviewed at least every two years. However, failure to conduct such review shall not affect the validity of the existing approved maps. The basis for updating the lines may include but is not limited to the following:

A.

Changes in the technical knowledge concerning the applicable aquifer;

B.

Changes in pumping rate of wellfields;

C.

Wellfield reconfiguration;

D.

Designation of new wellfields;

All nonresidential activities within the cone of influence which store, handle, use, or produce any regulated substance are prohibited from doing so unless they qualify as a general exemption, obtain a special exemption, or receive an operating permit from the city which complies with the following conditions:

1.

Containment of regulated substances. Leak proof trays under containers, floor curbing, or other containment systems to provide secondary liquid containment shall be installed. The containment shall be of adequate size to handle all spills, leaks, overflows, and precipitation until appropriate action can be taken. The specific design and selection of materials shall be sufficient to preclude any regulated substance loss to the external environment. Containment systems shall be sheltered so that the intrusion of precipitation is effectively prevented. The owner/operator may choose to provide adequate and appropriate liquid collection methods rather than a sheltering only after approval of the design by the city staff. These requirement shall apply to all areas of use, production, and handling; to all storage areas; to loading and off-loading areas, and to above ground and underground storage areas. The containment devices and liquid collection systems shall be certified in the operating permit application by the professional engineer registered or professional geologist licensed in the state.

2.

Emergency collection devices. Vacuum suction devices, absorbent scavenger materials or other devices approved by the department shall be present on the site or available within two hours by contract with a cleanup company approved by the city, in sufficient magnitude so as to control and collect the total quantity of regulated substances present. To the degree feasible, emergency containers shall be present and of such capacity as to hold the total quantity of regulated substances plus absorbent material. The presence of such emergency collection devices shall be certified in the operating permit application for existing activities. Such certification for new activities shall be provided to the city prior to the presence of regulated substances on the site. Certification shall be provided by a professional engineer registered or professional geologist licensed by the state.

3.

Emergency plan. An emergency plan shall be prepared and filed with the operating permit application indicating the procedures which will be followed in the event of spillage of a regulated substance so as to control and collect all such spilled material in such a manner as to prevent it from reaching any storm or sanitary drains or the ground.

4.

Inspection. A responsible person designated by the permittee who stores, handles, uses, or produces the regulated substances shall check on every day of operation, for breakage or leakage of any container holding the regulated substances. Electronic sensing devices may be employed as part of the inspection process, if approved by the department, and provided the sensing system is checked daily for malfunctions. The manner of daily inspection shall not necessarily require physical inspection of each container provided the location of the containers can be inspected to a degree which reasonably assures the city that breakage or leakage can be detected by the inspection. Monitoring records shall be kept and made available to the city at all reasonable times for examination.

5.

Proper and adequate regular maintenance of containment and emergency equipment. Procedures shall be established for the quarterly in-house inspection and maintenance of containment and emergency equipment. Such procedures shall be in writing, a regular checklist and schedule of maintenance shall be established, and a log shall be kept of inspections and maintenance. Such logs and records shall be available for inspection by the city.

6.

Reporting of spills. Any spill of a regulated substance shall be reported by telephone to the county health department and the city within 24 hours of discovery of the spill. Cleanup shall commence immediately upon discovery of the spill. A full written report, including the steps taken to contain and clean up the spill, shall be submitted to the city within 15 days of discovery of the spill.

7.

Monitoring for regulated substances in the potable water well. Arrangements shall be made with the public works department to establish a semiannual schedule of raw water analysis unless sampling results indicate contamination, in which case the city shall require an increased sampling schedule. The analysis shall be for all substances which are listed on the operating permit. The analytical reports shall be prepared by a state-certified laboratory, certified for the applicable analyses. It shall be the responsibility of the public works department to provide for the sampling and analyses. Samples shall be taken by the state-certified laboratory performing the analyses, or its authorized representative. A reference set of raw water analyses shall be completed for each well for which a cone of influence line has been established. These analyses shall be completed within 185 days after the effective date of the land development regulations, and a copy shall be forwarded to the administrative official within 14 days of completion. These analyses shall address inorganic priority pollutants and organic priority pollutants. The analytical reports shall be prepared by the state-certified laboratory, certified for the applicable analyses.

8.

Monitoring for regulated substances in groundwater monitoring wells. Groundwater monitoring well(s) shall be provided in a manner, number, and location approved by the city. Except for existing wells found by the city to be adequate for this provision, the required well or wells shall be installed by the state-licensed water well contractor. Samples shall be taken by the state certified laboratory performing the analyses, or its authorized representative. Analytical reports prepared by a state-certified laboratory of the quantity present in each monitoring well of the regulated substances listed in the activity's operating permit shall be filed at least annually, or more frequently, as determined by the department, based upon site conditions and operations.

9.

Alterations and expansion. The city shall be notified in writing prior to the expansion, alteration, or modification of an activity holding an operating permit. Such expansion, alteration, or modification may result from increased square footage of production or storage capacity, or increased quantities of regulated substances, or changes in types of regulated substances beyond those square footages, quantities and types upon which the permit was issued. Excluded from notification prior to alteration or modification are changes in types of regulated substances listed in the permit based upon the generic substance list in division IX, appendix I of the land development regulations. Should a facility add new regulated substances which individually are below the nonaggregate limits, it shall notify the city on the annual basis of the types and quantities of such substances added and the location of the use, handling, storage, and production of said substances. Any such expansion, alteration, or modification shall be in strict conformity with this article. Further, except as provided herein, any existing operating permit shall be amended to reflect the introduction of any new regulated substances resulting from the change. However, the introduction of any new regulated substance shall not prevent the revocation or revision of any existing operating permit if, in the opinion of the city, such introduction substantially or materially modifies, alters, or affects the conditions upon which the existing operating permit was granted or the ability to remain qualified as a general exemption, if applicable, or to continue to satisfy any conditions upon which the existing operating permit was granted or the ability to remain qualified as a general exemption, if applicable, or to continue to satisfy any conditions that have been imposed as part of a special exemption, if applicable. The city shall notify the permittee in writing within 60 days of receipt of the permittee's notice that the city proposes to revoke or revise the permit and stating the grounds therefor.

10.

Reconstruction after catastrophe. Reconstruction of any portion of a structure or building in which there is any activity subject to the provisions of this regulation which is damaged by fire, vandalism, flood, explosion, collapse, wind, war, or other catastrophe shall be in strict conformity with this article.

11.

Operating permit. All existing nonresidential activities situated in the cone of influence which use, handle, store, or produce regulated substances shall file an application for an operating permit within 90 days or a closure permit application or special exemption application within 120 days of the receipt of written notice from the city. The permit application shall be prepared and signed by a professional geologist licensed by the state. Within 30 days of receipt of the notice, the owner or operator shall file with the city proof of retention of said engineer or geologist. If application is made for an operating permit, such a permit shall be issued or denied within 60 days of filing of the completed application. If the application for an operating permit is denied, then the activity shall cease within 12 months of the denial and an application for a closure permit shall be filed with the city within 120 days of the denial of the operating permit.

A notice to cease any activities under any previously issued permit or exemption pursuant to this chapter shall not relieve the owner or operator of the obligation to comply with any other applicable federal, state, regional or city regulation, rule, ordinance, or requirement. Nor shall the notice, permit, or exemption relieve any owner or operator of any liability for violation of such regulations, rules, ordinances, or requirements.

1.

All new or replacement installations of sanitary sewer mains within the cone of influence of a public drinking water wellfield shall be constructed to force main standards.

2.

No new exfiltration system shall be constructed in the cone of influence of a public drinking water wellfield.

1.

Wellfield protection permits.

A.

This section provides the requirements and procedures for the issuance by the city of operating and closure permits required by this article.

B.

An application which satisfies the requirements of this section shall be approved and a permit issued. In addition to the failure to satisfy these requirements, the city may deny a permit based on repeated violations of this chapter.

C.

An operating permit shall remain valid provided the permittee is in compliance with the terms and conditions of the permit.

D.

Permittees shall not be required to pay annual renewal fees until October 1, 1992. Beginning October 1, 1992, all current and future permittees are subject to an annual renewal license fee as stated in section 7.2.3.60(7). Notification of the city under section 2.3.30.9 is due with the renewal fee.

E.

The city shall have the right to make inspections of facilities at reasonable times to determine compliance with this article.

F.

All of the facilities owned and/or operated by one person when these structures and activities are located on contiguous parcels of property, even where there are intervening public or private roads, may be covered under one permit.

2.

Permit applications.

A.

Operating permit. All applications, as a minimum, shall provide the following information:

1.

A list of all regulated substances and substances on the generic substance list (division IX, appendix I) which are to be stored, handled, used, or produced in the nonresidential activity being permitted including their quantities.

2.

A detailed description of the nonresidential activities that involve the storage, handling, use, or production of the regulated substances indicating the unit quantities in which the substances are contained or manipulated.

3.

A description of the containment, the emergency collection devices and containers, and emergency plan that will be employed to comply with the restrictions required as set forth above.

4.

A description of the daily monitoring activities that have been or will be instituted to comply with the restrictions as set forth above.

5.

A description of the maintenance that will be provided for the containment facility, monitoring system, and emergency equipment required to comply with the restrictions as set forth above.

6.

A description of the groundwater monitoring wells that have been or will be installed, other pertinent well construction information, and the arrangements which have been made or which will be made for certified analyses for specified regulated substances.

7.

Evidence of arrangements made with the public works department for sampling analysis of the raw water from the potable water well.

8.

An agreement to indemnify and hold the city harmless from any and all claims, liabilities, causes of action, or damages arising out to the issuance of the permit. The city shall provide reasonable notice to the permittee of any such claims.

9.

The application for the operating permit shall be filed with the city within 90 days of receipt of written notification from the city.

3.

Closure permit. Closure permit applications shall provide the following information:

A.

A schedule of events to complete the closure of an activity that does or did store, handle, use or produce regulated substances. As a minimum, the following actions shall be addressed:

1.

Disposition of all regulated substances and contaminated containers.

2.

Cleanup of the activity and environs to preclude leaching of unacceptable levels of residual regulated substances into the aquifer.

3.

Certification by a professional engineer registered or professional geologist licensed by the state that the disposal and cleanup have been completed in a technically acceptable manner. The requirement for certification by a professional engineer or professional geologist may be waived if the applicant provides evidence to the city that all of the following items are applicable:

A.

The entire operation is maintained inside the building(s) of the facility.

B.

The standard method of removing operating waste is not by septic tank, sewer mains, or floor drains.

C.

There is no evidence of spills permeating floors or environs.

D.

There are no outstanding or past notices of violation from any regulatory agency concerned with hazardous, industrial, or special waste.

E.

There is no evidence of past contamination in the public drinking water well(s).

F.

The applicant shall provide a sworn statement that disposal and cleanup have been completed in a technically acceptable manner.

4.

An appointment for an inspection by the city.

5.

An agreement to indemnify and hold the city harmless from any and all claims, liabilities, causes of action, or damages arising out of the issuance of the permit. The city shall provide reasonable notice to the permittee of any such claims.

B.

The issue of well configuration shall be evaluated by the city as an alternative to a closure permit during the permit application process. Should the city intend to reconfigure a wellfield and the configuration no longer subjects a facility to the cone of influence requirements, the city may issue an operating permit providing conditions under which the facility may continue to operate.

C.

The Department of Environmental Permitting and the Polk County Health Department shall be advised in writing of each closure permit application.

4.

Permit conditions. The permit conditions shall ensure compliance with all the prohibitions, restrictions, and requirements as set forth in this article. Such conditions may include but not be limited to monitoring wells, periodic groundwater analysis reports, and compliance schedules. Such conditions may also include requirements in a closure permit to reduce the risk in the interim of contamination of the groundwaters, taking into account cost, likely effectiveness and degree of risk to the groundwater.

5.

Bond required. Except as provided below, no permit herein required shall be issued unless there is filed at the time of application, except in the case of an application by a political subdivision or agency of the state, a cash bond, permit bond with a corporate surety, or letter of credit in the amount required to assure compliance with the requirement of this article.

A.

The permittee will operate its nonresidential activities and/or closure of such nonresidential activities, as applicable, in accordance with the conditions and requirements of this article and permits issued hereunder.

B.

The permittee shall reimburse the city in accordance for any and all expenses and costs which the city incurs as a result of the permittee's failing to comply with the conditions and requirements of this chapter.

C.

Before a bond or letter of credit is accepted by the city as being in compliance with this section, the bond or letter of credit shall be reviewed and approved by the city attorney and shall be filed with the city clerk. A corporate bond shall be executed by a corporation authorized to do business in the state as a surety. A cash bond shall be deposited with the city which shall give receipt therefor.

D.

The bond or letter of credit required by this section shall be kept in full force and effect for the term of the permit and for one year after voluntary cessation of activities permitted hereunder, expiration, or revocation of the permit.

E.

No bond or letter of credit is required for issuance of a permit for the following: closure of a facility, provided that the conditions listed previously for waiver of certification by an engineer or geologist are applicable.

6.

Cleanup and reimbursement. Any person subject to regulation under this article shall be liable with respect to regulated substances emanating on from the person's property for all costs of removal or remedial action incurred by the city and damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss resulting from the release of a regulated substance as defined in this article. Such removal or remedial action by the city may include but is not limited to prevention of further contamination of groundwater, monitoring, containment, and cleanup or disposal of regulated substances resulting from the spilling, leaking, pumping, pouring, emitting, or dumping of any regulated substance or material which creates an emergency hazardous situation or is expected to create an emergency hazardous situation.

7.

Fee schedule.

A.

Operating permit fee. The fee for an operating permit under this regulation shall be $150.00. A fee of $25.00 shall be charged if application for a permit or renewal is late. The operating permit fee shall be used to defray the cost of monitoring compliance with this article.

B.

Closure permit fee. The fee for a closure permit under this regulation shall be $75.00.

C.

Permit transfer fee. The fee for transfer of an operating permit or closure permit shall be $50.00 to defray the cost of processing the transfer. Application for transfer permit is to be made within 60 days of transfer of ownership of the activity.

8.

Revocation or revision of permit or general or special exemption. Any permit issued under the provisions of this chapter shall not become vested in the permittee. The city may revoke any permit issued by it by first issuing a written notice of intent to revoke (certified mail return receipt requested) if it finds that the permit holder:

A.

Has filed or refused to comply with any of the provisions of this article, including but not limited to permit conditions and bond requirements of subsection 5.D of this section; or

B.

Has submitted false or inaccurate information in this application; or

C.

Has failed to submit operational reports or other information required by this chapter; or

D.

Has refused lawful inspection under subsection 1.E of this section.

9.

Permit revisions. The city may revise any previously issued permit by first issuing a written notice of intent to revise (certified mail return receipt requested) to the permittee.

10.

Regulation of spills of regulated substances. In addition to the previous provisions of this chapter, within 30 days of any spill of a regulated substance, the city shall consider revocation or revision of the permit. Upon such consideration, the city may issue a notice of intent to revoke or revise, or elect not to issue such notice. In consideration of whether to revoke or revise the permit, the city may consider the intentional nature or degree of negligence, if any, associated with this spill, and the extent to which containment or cleanup is possible, the nature, number, and frequency of previous spills by the permittee and the potential degree of harm to the groundwater and surrounding wells due to such spill.

A.

For any revocation or revision by the city of a special exemption or general exemption that requires an operating permit as provided under the terms of this chapter, the city shall issue a notice of intent to revoke or revise which shall contain the intent to revoke or revise both the applicable exemption and the accompanying operating permit.

B.

The written notice of intent to revoke or revise shall contain the following information:

1.

The name and address of the permittee, if any, and property owner, if different.

2.

A description of the facility which is the subject of the proposed revocation or revision.

3.

Location of the spill, if any.

4.

Concise explanation and specific reasons for the proposed revocation or revision.

5.

A statement that "Failure to file a petition with the city clerk within 20 days after the date upon which the permittee receives written notice of the intent to revoke or revise shall render the proposed revocation or revision final and in full force and effect."

C.

Failure of the permittee to file a petition shall render the proposed revocation or revision final and in full force and effect.

D.

Nothing in this article shall preclude or be deemed a condition precedent to the city seeking a temporary or permanent injunction.

The city has determined, as a part of the conservation element of the comprehensive plan, that it is necessary to protect the existing recharge capabilities of the land areas within the current or future corporate limits. The method utilized to implement this objective is to regulate the amount of on-site impervious surfaces to provide for downward movement of water to replenish the aquifer. For purposes of this article, impervious service is defined to mean a land surface which has been covered with a layer of material(s) or compacted sufficiently so that it is incapable of being penetrated or infiltrated by water. This material covering includes but is not limited to, principal buildings, sidewalks, walkways, driveways, accessory structures, pools, and decks.

The maximum amount of impervious surface coverage for all land use categories that can be placed on site of a development is hereby established by zoning district classifications as follows.

TABLE 7.2.4.20(a):
MAXIMUM AMOUNT OF IMPERVIOUS SURFACE COVERAGE
BY LAND USE CATEGORIES

All natural lakes and water bodies within the city shall be protected as fishery areas under the provisions of this article. The protection of fishery habitats shall be accomplished by following the combined standards established within the land development regulations. Measures to ensure surface water quality, erosion control, and endangered or threatened species habitat preservation shall apply to the preservation of lakes and fisheries. In no case shall septic tanks be permitted to be located closer than 150 feet of the ordinary high water line of any surface water body.

Wetland boundaries shall be determined by the competent professional compilation of relevant evidence collected by professional field survey methods to derive botanical, physical, geomorphologic, and historic indicators compounded with the geographical proximity to the following areas:

1.

Areas within the dredge and fill jurisdiction of the FDEP as authorized by chapter 403, Florida Statutes;

2.

Areas within the jurisdiction of the Army Corps of Engineers as authorized by section 10, River and Harbor Act; or

3.

Areas within the jurisdiction of the Southwest Florida Water Management District pursuant to section 40D-4 and 40D-40, Florida Administrative Code;

4.

Protection and permitting.

A.

Identification within the site plan. Site plans submitted for development approval by the city shall be required to identify the extent and location of all wetlands upon or adjacent to the development site and provide measures that maintain their normal function and quality.

B.

Dredge and fill activity. All dredge and fill activities are hereby prohibited within designated wetland areas except for necessary efforts to establish minimal access to a residence and the placement of pilings to support a residential structure.

C.

Areas receiving fill. Areas of fill deposition shall only be permissible upon the least ecologically valuable portion of a parcel identified within the site plan.

D.

Permits and plans for dredge and fill activity. All permits required from the Florida Department of Environmental Protection and a site plan indicating the location and amount of dredge and/or fill shall be presented to the administrative official prior to any dredge and fill activity.

E.

Wetlands area setback. All built structures except boardwalks shall maintain a minimum setback of 50 feet measured landward from the delineated boundary of adjacent wetlands.

It shall be the responsibility of the developer or landowner, subject to review and approval by the city and all affected regulatory agencies, to establish the extent of natural habitats that exist upon a site prior to any development or site alteration activity.

Areas harboring or supporting threatened or endangered species shall be delineated by standardized, in the field, assessments. Environmental assessments shall be preformed in response to documented presence or sightings of the species and the fragility, size and ecological diversity of the proposed development site. Designation of a site as an area with threatened or endangered species shall only be determined by a qualified professional.

The city shall reserve the right to request a professionally prepared habitat survey of a site in the following conditions:

1.

The city has documented evidence or reported sightings indicating the presence of endangered or threatened species upon a given site;

2.

The proposed site has designated wetland, conservation, or ecologically pristine habitats; or

3.

The magnitude or remoteness of a site creates areas isolated from human encroachment in a sufficient concentration.

Development plans submitted for site plan review shall be required to identify, via a professionally prepared biological survey, the extent and location of all habitat areas harboring or supporting endangered or threatened species within the proposed development site.

Upon establishing a biological inventory of supporting habitat for threatened or endangered species present, special management programs shall be proposed for implementation to promote the preservation of the species upon the site. Management programs shall use buffer zones, setbacks, conservation areas, and other devices to preserve the habitat.

1.

Designation on future land use map. Conservation areas are designated on the future land use map of the comprehensive plan.

2.

Identification within the site plan. Development plans submitted for site plan review shall be required to identify the extent and location of any conservation areas within the proposed development site.

3.

Uses permitted and maximum gross density. Single-family detached residential, docks, nature trails and boardwalks, and lake access not exceeding six parking spaces. The maximum gross density within a designated conservation area shall not exceed one residential unit per ten acres of gross land area.

4.

Residential construction. Construction within conservation areas shall occur with minimal disruption to the natural environment and abide by all related habitat protection standards.

Native ecological communities shall be delineated by means similar to those used to determine areas harboring threatened or endangered species. However, criteria for evaluation shall vary by encompassing the entire environment versus a single species and its necessary ecosystem. The presence of wetlands or endangered or threatened species may increase the designation of the habitat boundary.

The city shall reserve the right to request a professionally prepared vegetation survey upon a site in the following conditions:

1.

The magnitude or remoteness of a site creates areas isolated from human encroachment in a sufficient concentration.

2.

On-site inspection reveals that 50 percent or more of the site contains a natural vegetative environment.

3.

The proposed site is undeveloped and adjacent to an area protected from development due to environmental preservation efforts.

4.

The city has documented evidence indicating the presence of native ecological communities upon a given site.

Development plans submitted for site plan review shall be required to identify, via a professionally prepared biological survey, the extent and location of all native ecological communities within the proposed development site.

Ecological communities that are documented as existing in an ideal preservation condition by a qualified person shall be protected from all development activity if they are deemed a benefit to the health, safety and welfare of the community. Such communities shall include:

1.

Sand scrub communities;

2.

Climax coniferous and deciduous forest; and

3.

Long-leaf pine flatwoods.

The city finds that a water shortage exists within the city when a water shortage or water shortage emergency is declared to exist within the Eagle Lake area of Polk County by the Southwest Florida Water Management District, or declared to exist by the city commission because of local conditions.

Certain nonessential uses of water shall be restricted or curtailed during the existence of a water shortage or water shortage emergency in compliance with the Southwest Florida Water Management District water shortage requirements. The following shall be unlawful:

1.

The sprinkling, watering, or irrigating of shrubbery, trees, lawns, ground covers, plants, vines, and gardens except on the days and between the hours established by the Southwest Florida Water Management District. This article does not apply to irrigation for bona fide commercial agricultural purposes.

2.

The escape of water through defective plumbing, which means to knowingly allow water to escape through a system that is in disrepair.

3.

The washing of sidewalks, driveways, porches, exterior of homes, apartments or other outdoor surfaces.

4.

The washing of business of industrial equipment and machinery, except as required for public health or to avoid direct damage to such equipment or machinery.

5.

The operation of any outdoor ornamental fountains or other structure using water with or without a recirculation system.

6.

The filling of swimming pools and wading pools not using a filter or recirculating system.

7.

The washing of automobiles, trucks, trailers, railroad cars, mobile homes campers, boats or any other type of mobile equipment, except at a business enterprise established for such purpose.

8.

The use of water for dust control, except as required for public health.

The city or the sheriff of Polk County shall, in connection with all other duties imposed by law, diligently enforce the provisions of this law.

Violation of any provision of this article is a crime and shall be subject to the following penalties:

1.

First violation: A written warning

2.

Second violation: A monetary fine not to exceed $200.00.

3.

Third violation and subsequent violations shall constitute a misdemeanor of the second degree as established by F.S. ch. 775.

Any person aggrieved by the provisions or enforcement of this article shall have the right to request a temporary exception from its terms by applying to the city commission. Such request shall be granted by the city commission only upon a showing by the aggrieved party of an emergency situation relating to maintenance of adequate health and sanitation standards. If granted, the emergency relief action of the city commission shall be for a one-day period of time and shall be conditioned upon proof of compliance by the aggrieved party with the remaining terms of the article.

No water service shall be furnished to any person in or out of the city unless the person agrees to accept all the provisions contained in this article. The acceptance of water service shall be in itself the acceptance of the provisions herein.

1.

In accordance with the provisions of chapter 62-555.360 of the Florida Administrative Code, a cross-connection control plan has been adopted to establish a routine cross-connection control program to detect and prevent cross connections that may create an imminent and substantial danger to public health. This program includes a written plan, hereinafter set forth, that is developed using accepted practices of the American Water Works Association (AWWA) guidelines as detailed in the following two AWWA manuals:

A.

M14-Backflow Prevention and Cross-Connection Control; and

B.

Cross-Connections and Backflow Prevention, 2nd Edition.

2.

The purpose of this program is to protect the City of Eagle Lake's public potable water supply from the possibility of becoming polluted by isolating, at the point of the customer's water service connection to the city's water system, such contaminants or pollutants that could backflow or back-siphon into the public potable water system; to eliminate actual or potential cross-connections between the city's public potable water supply and other water sources of unsafe or unknown quality; and to provide for the maintenance of a continuing cross-connection control program.

The Federal Safe Drinking Water Act of 1974 and the Florida Safe Drinking Act (F.S. 403.850 et seq.) establish that the City of Eagle Lake has the primary responsibility for preventing water from unapproved sources from entering the public potable water supply system.

1.

City responsibilities.

A.

The director of public works of the City of Eagle Lake is responsible for the protection of the public water supply distribution system from contamination or pollution from backflow or back-siphonage through water service connections. The city will not allow any cross-connections in the public water system.

B.

In new potable water installations, the city will install, or will require to be installed as part of the service connection, an approved backflow prevention device. No potable water service connection will be installed on the premises of any customer unless the city potable water system is protected as required by this program.

C.

On existing potable water service installations, the city will perform inspections of the premises and take appropriate corrective action. Retrofit of residential customers will be accomplished as water meters are replaced.

2.

Customer responsibilities.

A.

The customer or user on the premises receiving water service is responsible for preventing contaminants or pollutants from entering the city's public potable water system from the customer's/user's water system. The customer is responsible for protecting his private water system against actual or potential cross-connections, backflow, or back-siphonage as required by the Standard Plumbing Code and other applicable rules and regulations. The customer is responsible for following the provisions of this program and any applicable ordinance, rule and regulations, and further, is responsible for eliminations of all cross-connection on the customer's/user's premises, if they now exist.

B.

The water installation fee shall be adjusted to cover the cost of the installation of the backflow-prevention device. For a standard three-fourths-inch service line the fee shall be $200.00; for larger lines the fee shall be adjusted to cost.

The type of backflow prevention devices permitted for installation on water service connections will depend upon the degree of hazard that exists, as determined by the public works department. The following devices will be approved for backflow prevention:

1.

Air gap.

2.

Atmospheric vacuum breaker.

3.

Detector check assembly.

4.

Double check valve assembly.

5.

Hose bibb vacuum breaker.

6.

Reduced pressure zone assembly (RPZ).

7.

Residential dual check assembly (approved for residential applications and certain small commercial establishments only).

1.

Residential. In new residential potable water installations, the city will install as part of the service connection as appropriate approved backflow device. At a minimum, a residential double check valve assembly will be installed at the time the potable meter is set. Certain residential services may be fitted with testable backflow prevention devices, depending upon the degree of hazard that exists, as determined by the director of public works.

2.

Commercial.

A.

All service connections other than single-family residential connections are considered commercial services.

B.

On new commercial potable water installations, the city will install, or will require the contractor to install as part of the service connection, an appropriate approved backflow prevention device. The type of backflow prevention device installed will be determined by the director of public works.

C.

Only reduced pressure zone assembly (RPZ) backflow prevention devices are approved for commercial customer's potable water service connections that are two inches in diameter or larger. Commercial connections up to two inches may be fitted with an appropriate double check valve assembly (BFP) unless the director of public works determines that the degree of hazard present requires the installation of an RPZ.

1.

Approved RPZ devices are the following (or approved equal):

Watts 909 (¾" - 2", 4", 6", 8" and 10")

Febco 825Y (¾" - 2") and Febco 825 (3" - 10")

Hersey FRP-11 (¾" - 2") and 6CM (3" - 10")

2.

Approved double check valve devices are the following (or approved equal):

Watts 709 (¾" - 2")

Beeco FDC (¾" - 2")

Febco (¾" - 2")

3.

In cases where the director of public works has determined that minimal hazard exists, commercial installations less than one inch in diameter may be fitted with residential double check valve assemblies as part of the service connection. However, this exception applies only to those establishments that do not employ any water use other than domestic use of potable water.

3.

Fire systems.

A.

All fire protection systems are required to utilize an RPZ assembly type BFP installed as part of the fire line master assembly. The contractor installing the latter assembly shall contact the director of public works to obtain the exact assembly length and height above the required concrete slab. The city will install the fire line master meter.

B.

Approved double fire system devices are the following (or approved equal):

Watts 909 (¾" - 2", 4", 6", 8" and 10")

Febco 825Y (¾" - 2") and Febco 825 (3" - 10")

Hersey FRP-11 (¾" - 2") and 6CM (3" - 10")

Existing service connections that do not conform to the requirements detailed above shall be retrofitted with appropriate devices where it is found such devices are lacking.

1.

Inspections.

A.

The city shall perform inspections of residential water services utilizing reclaimed water at the time the reclaimed water services is activated, in order to ensure that all backflow prevention devices are tested and in satisfactory working order. The city will re-inspect such residential services once each five years to insure that the backflow prevention devices are tested and in satisfactory working order.

B.

The city shall perform inspections of commercial and all other nonresidential water services at least once each year in order to ensure that all backflow prevention devices are tested and in satisfactory working order.

C.

All testing of and repairs to BFPs will be performed by a certified backflow technician. It is the responsibility of the commercial and all other nonresidential customers to incur the cost of such inspections and/or repairs, and will be billed directly for each inspection and/or repair.

2.

Record keeping. Maintenance personnel of the public works department will keep computerized records of all installations, testing, repairs, and replacements of BFP assemblies, including the name and certification number of the person conducting the test or repair, date, procedures performed, list of approved backflow prevention devices, and all other pertinent information.