7.01.01.01 Title

These regulations shall be known as the Floodplain Management Ordinance of Hardee County, hereinafter referred to as "this Section."

7.01.01.02 Scope

The provisions of this Section 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.

7.01.01.03 Intent

The purposes of this Section 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:

(A)

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

(B)

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

(C)

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;

(D)

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;

(E)

Minimize damage to public and private facilities and utilities;

(F)

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

(G)

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

(H)

Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.2.

7.01.01.04 Coordination with the Florida Building Code

This Section 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.

7.01.01.05 Warning

The degree of flood protection required by this Section 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 man-made or natural causes. This Section 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 Title 44 Code of Federal Regulations, Sections 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 Section.

7.01.01.06 Disclaimer of Liability

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

7.01.02.01 General

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

7.01.02.02 Areas to Which This Section Applies

This Section shall apply to all flood hazard areas within the unincorporated areas of Hardee County as established in Section 7.01.02.03.

7.01.02.03 Basis for Establishing Flood Hazard Areas

The Flood Insurance Study for Hardee County, Florida and Incorporated Areas dated November 6, 2013, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part 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 Hardee County Planning Department, 110 S 9th Ave, Wauchula, FL 33873.

7.01.02.03.01 Submission of Additional Data to Establish Flood Hazard Areas

To establish flood hazard areas and base flood elevations, pursuant to Section 7.01.05 the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations:

(A)

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 Section and, as applicable, the requirements of the Florida Building Code.

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.

7.01.02.04 Other laws

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

7.01.02.05 Abrogation and greater restrictions

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

7.01.02.06. Interpretation

In the interpretation and application of this Section, all provisions shall be:

(A)

Considered as minimum requirements;

(B)

Liberally construed in favor of the governing body; and

(C)

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

7.01.03.01 Designation

The Planning and Development Director is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees.

7.01.03.02 General

The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this Section. The Floodplain Administrator shall have the authority to render interpretations of this Section consistent with the intent and purpose of this Section 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 Section without the granting of a variance pursuant to Section 7.01.07.

7.01.03.03 Applications and Permits

The Floodplain Administrator, in coordination with other pertinent offices of the community, shall:

(A)

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

(B)

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

(C)

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;

(D)

Provide available flood elevation and flood hazard information;

(E)

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

(F)

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

(G)

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 Section is demonstrated, or disapprove the same in the event of noncompliance; and

(H)

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

7.01.03.04 Substantial Improvement and Substantial Damage Determinations

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

(A)

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;

(B)

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;

(C)

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

(D)

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 Section is required.

7.01.03.05 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 7.01.07.

7.01.03.06 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 Section.

7.01.03.07 Inspections

The Floodplain Administrator shall make the required inspections as specified in Section 7.01.06 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.

7.01.03.08 Other Duties of the Floodplain Administrator

The Floodplain Administrator shall have other duties, including but not limited to:

(A)

Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 7.01.03.04;

(B)

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);

(C)

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;

(D)

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

(E)

Notify the Federal Emergency Management Agency when the corporate boundaries of Hardee County are modified.

7.01.03.09 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 Section 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 Section; 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 Section and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at 110 South 9th Avenue, Wauchula, FL.

7.01.04.01 Permits Required

Any owner or owners authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this Section, 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 the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this Section and all other applicable codes and regulations has been satisfied.

7.01.04.02 Floodplain Development Permits or Approvals

Floodplain development permits or approvals shall be issued pursuant to this Section 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.

7.01.04.02.01 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 C.F.R. Sections 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 Section:

(A)

Railroads and ancillary facilities associated with the railroad.

(B)

Nonresidential farm buildings on farms, as provided in F.S. § 604.50.

(C)

Temporary buildings or sheds used exclusively for construction purposes.

(D)

Mobile or modular structures used as temporary offices.

(E)

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.

(F)

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

(G)

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.

(H)

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

(I)

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.

7.01.04.03 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 community. The information provided shall:

(A)

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

(B)

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.

(C)

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

(D)

Be accompanied by a site plan or construction documents as specified in Section 7.01.05.

(E)

State the valuation of the proposed work.

(F)

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

(G)

Give such other data and information as required by the Floodplain Administrator.

7.01.04.04 Validity of Permit or Approval

The issuance of a floodplain development permit or approval pursuant to this Section shall not be construed to be a permit for, or approval of, any violation of this Section, the Florida Building Codes, or any other ordinance of this community. 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.

7.01.04.05 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.

7.01.04.06 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 Section or any other ordinance, regulation, or requirement of this community.

7.01.04.07 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:

(A)

The Southwest Florida Water Management District; F.S. § 373.036.

(B)

Florida Department of Environmental Protection for onsite sewage treatment and disposal systems; F.S. § 381.0065 and Chapter 62-6, F.A.C.

(C)

Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit, F.S. § 161.055.

(D)

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.

(E)

Federal permits and approvals.

7.01.05.01 Information for Development in Flood Hazard Areas

The site plan or construction documents for any development subject to the requirements of this Section shall be drawn to scale and shall include, as applicable to the proposed development:

(A)

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

(B)

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 Section 7.01.05.02(B) or (C).

(C)

Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 7.01.05.02(A).

(D)

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

(E)

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

(F)

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.

(G)

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 Section 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 Section.

7.01.05.02 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:

(A)

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

(B)

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.

(C)

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:

(1)

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

(2)

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.

(D)

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 Florida 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.

7.01.05.03 Additional Analyses and Certifications

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

(A)

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 7.01.05.04 of this Section and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.

(B)

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.

(C)

For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 7.01.05.04.

7.01.05.04 Submission of Additional Data

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

7.01.06.01 General

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

7.01.06.01.01 Development Other Than Buildings and Structures

The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this Section and the conditions of issued floodplain development permits or approvals.

7.01.06.02 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 Section and the conditions of issued floodplain development permits or approvals.

7.01.06.02.01 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:

(A)

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

(B)

If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 7.01.05.02(C)(2), the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent.

7.01.06.01.02 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 Section 7.01.05.03.

7.01.06.01.03 Manufactured Homes

The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this Section 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 Floodplain Administrator.

7.01.07.01 General

The Board of County Commissioners shall hear and decide on requests for appeals and requests for variances from the strict application of this Section. 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.

7.01.07.02 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 Section. Any person aggrieved by the decision of Board of County Commissioners may appeal such decision to the Circuit Court, as provided by Florida Statutes.

7.01.07.03 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 Section 7.01.07.06, the conditions of issuance set forth in Section 7.01.07.07, 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 Section.

7.01.07.03.01 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 7.01.05.03.

7.01.07.04 Historic Buildings

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

7.01.07.05 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 Section, provided the variance meets the requirements of Section 7.01.07.03.01, 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.

7.01.07.06 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 Section, and the following:

(A)

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

(B)

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

(C)

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

(D)

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

(E)

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

(F)

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

(G)

The relationship of the proposed development to the Comprehensive Plan and floodplain management program for the area;

(H)

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

(I)

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

(J)

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.

7.01.07.07 Conditions for Issuance of Variances

Variances shall be issued only upon:

(A)

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 Section or the required elevation standards;

(B)

Determination by the Board of County Commissioners that:

(1)

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;

(2)

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

(3)

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

(C)

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

(D)

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.

7.01.08.01 Violations

Any development that is not within the scope of the Florida Building Code, but that is regulated by this Section, that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this Section, shall be deemed a violation of this Section. 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 Section or the Florida Building Code is presumed to be a violation until such time as that documentation is provided.

7.01.08.02 Authority

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

7.01.08.03 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.

7.01.09.01 Scope

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

7.01.09.02 Terms Defined in the Florida Building Code

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

7.01.09.03 Terms Not Defined

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

Alteration of a Watercourse: 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: A request for a review of the Floodplain Administrator's interpretation of any provision of this Section or a request for a variance.

ASCE 24: 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: A flood having a one-percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the "100-year flood" or the "one-percent-annual chance flood."

Base Flood Elevation: 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). [Also defined in FBC, B, Section 1612.2.]

Basement: The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 1612.2.]

Design Flood: The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 1612.2.]

(A)

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

(B)

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

Design Flood Elevation: 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. [Also defined in FBC, B, Section 1612.2.]

Development: Any man-made 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: 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: Any buildings and structures for which the "start of construction" commenced before April 14, 1988. [Also defined in FBC, B, Section 1612.2.]

Existing Manufactured Home Park or Subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before April 14, 1988.

Expansion to an Existing Manufactured Home Park or Subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Federal Emergency Management Agency (FEMA): The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.

Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 1612.2.]

(A)

The overflow of inland or tidal waters.

(B)

The unusual and rapid accumulation or runoff of surface waters from any source.

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. [Also defined in FBC, B, Section 1612.2.]

Flood Hazard Area: The greater of the following two areas: [Also defined in FBC, B, Section 1612.2.]

(A)

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

(B)

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

Flood Insurance Rate Map (FIRM): 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. [Also defined in FBC, B, Section 1612.2.]

Flood Insurance Study (FIS): The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 1612.2.]

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

Floodplain Development Permit or Approval: 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 Section.

Floodway: The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. [Also defined in FBC, B, Section 1612.2.]

Floodway Encroachment Analysis: 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 Florida licensed engineer using standard engineering methods and models.

Florida Building Code: 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: 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 does not include long-term storage or related manufacturing facilities.

Highest Adjacent Grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.

Historic Structure: Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings.

Letter of Map Change (LOMC): 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:

(A)

Letter of Map Amendment (LOMA). 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.

(B)

Letter of Map Revision (LOMR). 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.

(C)

Letter of Map Revision Based on Fill (LOMR-F). 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.

(D)

Conditional Letter of Map Revision (CLOMR). A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum National Flood Insurance Program (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 C.F.R. 86.082-2, 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:

(A)

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

(B)

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

(C)

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

Lowest Floor: 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. [Also defined in FBC, B, Section 1612.2.]

Manufactured Home: 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." [Also defined in 15C-1.0101, F.A.C.]

Manufactured Home Park or Subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Market Value: The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this Section, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), 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 Section and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after April 14, 1988 and includes any subsequent improvements to such structures.

New Manufactured Home Park or Subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after April 14, 1988.

Park Trailer: 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. [Defined in F.S. § 320.01]

Recreational Vehicle: A vehicle, including a park trailer, which is: [See F.S. § 320.01]

(A)

Built on a single chassis;

(B)

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

(C)

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

(D)

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: 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. [Also defined in FBC, B Section 1612.2.]

Start of Construction: 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. [Also defined in FBC, B Section 1612.2.]

Substantial Damage: Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50% of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 1612.2.]

Substantial Improvement: Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50% 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 does not, however, include either: [Also defined in FBC, B, Section 1612.2.]

(A)

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.

(B)

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

Variance: A grant of relief from the requirements of this Section, 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 Section or the Florida Building Code.

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

7.01.11.01 Design and Construction of Buildings, Structures and Facilities Exempt from the Florida Building Code

Pursuant to Section 7.01.04.02.01, 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 7.01.17.

7.01.12.01 Minimum Requirements

Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:

(A)

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

(B)

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

(C)

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.

7.01.12.02 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:

(A)

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

(B)

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 7.01.05.02(A); and

(C)

Compliance with the site improvement and utilities requirements of Section 7.01.13.

7.01.13.01 Minimum Requirements

All proposed new development shall be reviewed to determine that:

(A)

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

(B)

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

(C)

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.

7.01.13.02 Sanitary Sewage Facilities

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

7.01.13.03 Water Supply Facilities

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

7.01.13.04 Limitations on Sites in Regulatory Floodways

No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 7.01.05.03(A) demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.

7.01.13.05 Limitations on Placement of Fill

Subject to the limitations of this Section, 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.

7.01.14.01 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 Chapter 15C-1, F.A.C. and the requirements of this Section.

7.01.14.02 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 Section.

7.01.14.03 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.

7.01.14.04 Elevation

Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 7.01.03.14.01 or 7.01.03.14.02, as applicable.

7.01.14.04.01 General Elevation Requirement

Unless subject to the requirements of Section 7.01.03.14.02, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A).

7.01.14.04.02 Elevation Requirement for Certain Existing Manufactured Home Parks and Subdivisions

Manufactured homes that are not subject to Section 7.01.03.14.01, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the:

(A)

Bottom of the frame of the manufactured home is at or above the elevation required in the Florida Building Code, Residential Section R322.2 (Zone A); or

(B)

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

7.01.14.05 Enclosures

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

7.01.14.06 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.

7.01.15.01 Temporary Placement

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

(A)

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

(B)

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.

7.01.15.02 Permanent Placement

Recreational vehicles and park trailers that do not meet the limitations in Section 7.01.15.01 for temporary placement shall meet the requirements of Section 7.01.14 for manufactured homes.

7.01.16.01 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.

7.01.16.02 Above-Ground Tanks, Not Elevated

Above-ground tanks that do not meet the elevation requirements of Section 7.01.16.03 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.

7.01.16.03 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.

7.01.16.04 Tank Inlets and Vents

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

(A)

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

(B)

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

7.01.17.01 General Requirements for Other Development

All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this Section or the Florida Building Code, shall:

(A)

Be located and constructed to minimize flood damage;

(B)

Meet the limitations of Section 7.01.13.04 if located in a regulated floodway;

(C)

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

(D)

Be constructed of flood damage-resistant materials; and

(E)

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 building code for wet locations.

7.01.17.02 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 7.01.13.04.

7.01.17.03 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 7.01.13.04.

7.01.17.04 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 7.01.13.04. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 7.01.05.03(C).

7.01.17.01 Administrative Amendments to the Florida Building Code Pertaining to Flood Damage Prevention

(A)

Building Permits Issued on the Basis of an Affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Section 105.14 and Section 107.6 shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code.

(B)

Variances in Flood Hazard Areas. Pursuant to F.S. § 553.73(5), the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This Section shall not apply to Section 3109 of the Florida Building Code, Building.

The Hardee County Board of County Commissioners has determined that wetlands contiguous to waters of the State, and non-contiguous and isolated wetlands serve important functions in the hydrologic cycle and ecological system and therefore require protection. It is the purpose and intent of this Section to provide for the protection, maintenance, and enhancement of wetlands within Hardee County in accordance with the adopted Comprehensive Plan, recognizing the rights of individual property owners to use their lands in a reasonable manner as well as the rights of all citizens to protection and purity of the waters of Hardee County and their associated wetland ecosystems. It is further the purpose and intent of this Section to ensure that there be no net loss of wetlands as defined in this Code.

In addition to meeting the following wetlands protection requirements, development plans shall comply with applicable Federal, State, and Water Management District regulations. In all cases the strictest of the applicable standards shall apply.

Two zones of protection for wetlands are hereby established. The protection zones shall be known as the wetland protection and wetland transitional zones.

(A)

Wetland Protection Zone. There is hereby created a wetlands protection zone in which special restrictions on development apply. The boundaries of this zone shall be the most landward extent of the following:

(1)

Areas within the dredge and fill jurisdiction of the State of Florida as authorized by F.S. § 403.

(2)

Areas within the jurisdiction of the U.S. Army Corps of Engineers as authorized by Section 404, Clean Water Act or Section 10, River and Habor Act.

(3)

Areas within the jurisdiction of the Southwest Florida Water Management District pursuant to Rule 40D-4, F.A.C.

(4)

Development requiring a permit or permits from one or more of the U.S. Army Corps of Engineers, State of Florida, and the SWFWMD, shall have the most restrictive agency wetlands boundary determination recognized by the County as the wetlands boundary. The term most restrictive is used here to mean the boundary covering the largest area.

(5)

In circumstances where the natural boundary of wetland vegetation is unclear, the line of demarcation may be approximated at a surveyed elevation measured at a location in the same wetland where the natural line is clear.

(6)

In the event an undeveloped area has been recently cleared of all vegetation, the wetland boundary may be determined by a study of the soils, aerial mapping, photography, hydrology, and other relevant historical information.

(B)

Wetland Transitional Zone. There is hereby created a wetland transitional zone adjacent to each wetland protection zone. The transitional zone is an area having a direct ground or surface water influence and functions as a buffer between wetlands and development. The purpose of the transitional zone is to minimize the adverse effects of development upon the wetland itself. This zone shall encompass all land within 25 feet of the boundary of the wetland protection zone.

Except as provided in Subsection 7.02.05, no person shall remove, fill, drain, dredge, clear, destroy or alter any wetland as defined in this Code without first submitting a wetland management plan as approved by the appropriate State or Federal agency, to the Planning and Development Division and obtaining from the Planning and Development Division a wetland alteration permit. This permit may be issued concurrently with any other land development permits issued by the County.

Activities or development types that are exempted from this Section include:

(A)

Non-mechanical clearing of vegetation from an area of less than 10% of the protected zone.

(B)

Minor maintenance or emergency repair to existing structures of improved areas.

(C)

Cleared walking trails having no structural components.

(D)

Catwalks and docks five feet or less in width.

(E)

Utility crossings.

(F)

Maintenance of drainage systems, including routine dredge and fill activities in ditches, retention and detention areas, public road, and other rights-of-way.

(G)

Bona fide mosquito control activities.

(H)

Development in wetlands 1/2-acre or smaller, provided, however, that if the entire wetland exceeds this threshold for exemption whether on one or more lots, then the entire wetland is regulated as otherwise provided in this Section.

(I)

Activities within artificial wetlands that are created as part of a man-made wastewater treatment system.

(J)

Activities approved by a Federal, State, or Regional Agency prior to adoption of this Section.

(K)

Preexisting agriculture activities.

Except as otherwise provided in this Section, it is presumed that development will have an adverse effect on wetlands. No activities other than those listed below shall be undertaken in a wetland protection zone.

(A)

Activities Permitted in Wetland Protection Zones. The following activities and development types generally may be undertaken unless the County determines in a specific case that a listed activity or development type would have a significant adverse impact on the wetland protection zone:

(1)

Scenic, historic, wildlife, or scientific preserves.

(2)

Minor maintenance or emergency repair to existing structures or improved areas.

(3)

Cleared walking trails of five feet or less in width and having no structural components.

(4)

Catwalks and docks five feet or less in width.

(5)

Commercial or recreational fishing or hunting, and creation and maintenance of temporary blinds.

(6)

Cultivating agricultural or horticultural products that occur naturally in the wetland.

(7)

Constructing fences where no fill activity is required and where navigational access will not be impaired by construction of the fence.

(8)

Developing an area that no longer functions as a wetland, except a former wetland that has been filled or altered in violation of any Federal, State, or local rule, regulation, or statute. This condition shall be certified by the State of Florida or other appropriate agency.

(9)

Developing a Wetlands Storm Water Discharge Facility, in accordance with State permits received under Chapters 17-25, F.A.C.

(10)

Water dependent activities that cannot feasibly be located outside the wetland protection zone. The following are permittable water dependent activities:

(a)

Projects not exceeding 10,000 cubic yards of material placed in or removed from watercourses, waterbodies, or wetlands.

(b)

Installation of channel markers, signs, and fences.

(c)

Installation of underwater utility lines or facilities, including water, wastewater, electricity, communication cables, oil, or gas. Lines may be entrenched in (not exceeding 10,000 cubic yards of dredging), laid on, or embedded in bottom waters.

(d)

Construction of footbridges and vehicular bridges.

(e)

Replacement or widening of bridges on pilings or trestles where the effects of pollutants discharged into open waters is minimized.

(B)

Wetland Transitional Zone. All development in a wetland transitional zone shall be designed, constructed, and maintained to avoid significant adverse effects on the adjacent wetland area. Where a development site lies partly within the wetland protection zone and partly within the wetland transitional zone, the acreage within a wetland protection zone may be used to determine the total allowable units or square footage of development that will be allowed on a site. This development potential shall be transferred from the wetland protection zone to the wetland transitional zone.

Special Standards for Wetland Transitional Zones. The following standards shall apply within wetland transitional zones:

(1)

Natural vegetative buffer areas shall be retained between all development and all wetland protection zones, where such buffer areas exist. The minimum width of the buffer shall be 30 feet, or as the appropriate State or Federal agency determines to be appropriate. No structures shall be located in such areas. Impervious surfaces shall be limited to roads or walking trails providing access to a body of water. Where a natural buffer area does not exist, an equivalent buffer shall be created.

(2)

The developer shall completely restore any portion of a wetland protection zone damaged as a result of construction activity in the wetland transitional zone; such restoration shall meet the applicable State Standards.

(3)

The Board of County Commissioners may require other reasonable protective measures to be undertaken within the wetland transitional zone as necessary to prevent significant adverse effects on a wetland protection zone. Protective measures may include, but are not limited to:

(a)

Maintaining natural drainage patterns.

(b)

Limiting the removal of vegetation.

(c)

Minimizing the amount of fill used in the development activity.

(d)

Prohibiting or limiting the use of septic tanks.

The Board of County Commissioners may require mitigation of adverse impacts on wetlands as a condition of development approval if it finds that such impacts are unavoidable. In such cases, action will be taken during or after development to reduce or counteract damage to wetland areas. A mitigation plan approved by a Federal, State, or Regional Agency shall be acceptable to the County. Mitigation shall not contribute to the production of mosquitoes by creating mosquito larval habitat or by eliminating habitat for predatory fish. The mitigation plan may include, but is not limited to, the following actions:

(A)

Repairing, rehabilitating, or restoring the wetland area.

(B)

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the development.

(C)

Compensating for the impact through enhancement of existing wetlands, reestablishment of wetlands that are no longer functioning, or the creation of new wetlands.

(D)

Specific design requirements, to be determined by the Board of County Commissioners, based upon conditions of the site and the type of wetland to be created or restored.

(E)

Periodic monitoring to remove exotic or nuisance vegetation.

(F)

Preserving or creating an upland habitat as an adjacent transitional zone on mitigated sites.

A developer of a compensatory mitigation plan shall grant a conservation easement in accordance with F.S. § 704.06, and Section 7.08.00 of this Code on the newly purchased, created, enhanced, or restored environmentally-sensitive lands to protect them from future development. The Board of County Commissioners must specifically approve and accept the conservation easement. A legal mechanism other than a conservation easement may be considered, if appropriate, to carry out the purpose of this Subsection. Any other legal mechanism must be approved and accepted by the Board of County Commissioners.

The following standards apply to post-development activities taking place within any wetland protection zone or wetland transitional zone:

(A)

Clearing. Without an amendment to the development order, no person shall clear more vegetation than was permitted for the original development.

(B)

Handling and Storage of Fuel, Hazardous and Toxic Substances, and Wastes. Developments where fuel or toxic substances will be stored, transferred, or sold shall employ the best available facilities and procedures for the prevention, containment, recovery, and mitigation of spillage of fuel and toxic substances. Facilities and procedures shall be designed in accordance with State and Federal standards, to prevent substances from entering the water or soil, and employ adequate means for prompt and effective cleanup of spills that do occur.

(C)

Fertilizers, Herbicides, or Pesticides. No fertilizers, herbicides, or pesticides shall be applied in a wetland protection zone except for those projects permitted by the governing State agencies.

Subdivision and site plans submitted for development approval by the County 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.

(A)

Shoreline vegetation is necessary for the health and viability of a lake system. Sediments and nutrients, contributed both by stormwater runoff and recirculation within the lakes' waters, are removed by shoreline vegetation and associated areas by means of filtration and recycling through the shoreline vegetation.

(B)

Both wave action and stormwater runoff will cause extensive erosion of nutrient-laden soils, particularly where those soils have been destabilized by removal of shoreline vegetation.

(C)

Erosion of lakeshore soils not only contributes to the slow filling-in of lakes, but the soils also entrap and entrain quantities of organic materials which contribute to the nutrient load of a lake. This soil stabilization, in conjunction with the natural uptake and assimilative capacities of shoreline vegetation, reduces the quantity of nutrients available for both cultural and natural eutrophication.

(D)

Shoreline vegetation both protects and improves lake water quality and should be protected from substantial clearing.

(E)

The Board of County Commissioners is authorized, pursuant to general law, to regulate and control conservation and beach erosion control programs.

(F)

The Board of County Commissioners is authorized to regulate and control all lakes, canals, streams, waterways, inlets, bays, and their alteration by dredging, filling, pumping and otherwise altering the shoreline, land contours and/or water areas in the interest of public rights, public welfare, protection of public riparian property rights, and preservation of the natural beauty and attractiveness of the lakes, canals, streams, waterways, inlets and bays.

(G)

To protect the public health, safety, and welfare, preserve the natural beauty and attractiveness of waters of the County, and maintain lake water quality and reduce nutrient loading in public lakes, the Hardee County Lakeshore Protection Regulations are hereby enacted as one measure to protect the legitimate public interest by restricting the amount of clearing or removal of shoreline vegetation.

In addition to meeting the requirements of this Section, development plans shall comply with applicable Federal, State, and Water Management District regulations. In all cases the strictest of the applicable standards shall apply.

The provisions of this Article shall not apply to:

(A)

Emergency repairs on public or private projects necessary for the preservation of life, health, or property where taken to implement and accomplish the beneficial purposes of this Article under such circumstances where it would be impractical to obtain approval from the building department prior to making such emergency repairs.

(B)

Maintenance of public or privately owned portions of a structural stormwater or drainage control system which does not constitute major construction or rebuilding.

(C)

Lawn mowing, trimming of vegetation, and other lawn maintenance activities which will not result in the clearance of aquatic vegetation.

(D)

A property owner whose shoreline has previously been cleared and if the clearing is continuously maintained, it shall not be necessary to obtain a permit for the maintenance. However, if shoreline vegetation is allowed to be reestablished, a permit must be obtained to clear it.

(E)

Activities, by State and local agencies, associated with the construction of docks or public boat ramps, canals, and/or seawalls for the purpose of navigation.

(A)

A property owner clearing less than 50 feet or 50% of owned shoreline, whichever is less, shall not be required to obtain a permit.

(B)

A property owner who desires to clear more than 50 feet or 50% of owned shoreline, whichever is less, must obtain all State and Federal permits.

(C)

No fill material of any kind shall be placed below the 100-year floodplain elevation without proper permitting from applicable jurisdictional agencies.

(D)

No fill material of any kind shall be placed below the high-water mark established by the County for a given named waterbody.

The Hardee County Board of County Commissioners has determined that wildlife habitat of endangered or threatened species of animals, flora, and fauna serve important functions and therefore require protection. The Board of County Commissioners has further determined that such habitat includes unique and important vegetative communities in Hardee County, and that the following standards are adequate to protect such communities.

It is the purpose of this Section to provide standards necessary to protect endangered, rare, and threatened animal and plant species through the preservation of native vegetative communities and wildlife habitat of species of animals, flora, and fauna, as required in the Conservation Element of the Hardee County Comprehensive Plan.

(A)

Inventory Requirement and Management Plan with Application. At the time the development application is submitted, the applicant must show acceptance of applicable inventory or inventories by the appropriate State or Federal agency and, where applicable, an approved management plan accepted by the appropriate State or Federal agency.

(B)

Exemptions. Inventories and management plans are not required for any development project of less than 10 acres in land area and less than two acres in impervious area.

(A)

Conformity of Final Development Plan. The Final Development Plan approved for a development shall conform to the recommendations in the Habitat Management Plan.

(A)

Mandatory. Preservation area of the occupied habitat zone and occupied habitat buffer zone must meet applicable State and Federal standards for the entire property acreage.

(B)

Preservation of Land. Where land on a proposed development site is to be preserved as habitat of rare, endangered, or special concern species, such land shall be adjacent to existing viable habitat, a significant wetland system, floodplain, or wildlife corridor. If such lands are not adjacent to the development site, land to be set aside shall be of such quantity and quality as to provide viable habitat, as documented in the study required in Section 7.04.01(A).

(C)

Optional Habitat Preservation. In order to promote habitat preservation in excess of the minimum habitat preservation requirements of this Section, the following incentive is offered. This incentive shall only apply to those areas that are not already preserved under other resource protection provisions of this Article. The incentive is as follows:

(1)

Transfer of density and intensity is permitted from the area to be preserved for habitat to the developable portion of the site, provided that all other applicable requirements of this Code are met.

To protect the natural function of the 100-year floodway of the Peace River, Horse Creek, Charlie Creek, and Payne Creek, a setback from the banks of the waterways is hereby established, in which only pasturing of livestock and residential development at a density of not more than one dwelling unit per 20 gross acres are permitted. The Board of County Commissioners may grant an exception to said gross density for a lot of record, established and recorded in the public records of Hardee County prior to the effective date of policy C2.5 of the Conservation Element of the 2030 Comprehensive Plan; provided however, that the maximum gross density permitted on any such lot of record shall not be greater than one dwelling unit per five acres. Structures must be flood-proofed and the floor level shall be at least one foot above the 100-year flood elevation. The setback shall be 500 feet on each side of the river and creeks or the width of the 100-year floodway as shown on the FEMA flood map, whichever is less. In considering such an exception for a lot of record, the Board of County Commissioners shall review the proposed exception for consistency with the review criteria established for Variances in the Hardee County Unified Land Development Code and shall further require additional mitigation measures to protect the waterbodies, such as the creation of a conservation easement over the floodway and associated wetlands on the lot. In addition, the primary structure, drainfield, and driveway must be located on the least environmentally sensitive portion of the lot as determined by the Planning and Development Director after consultation with a professional biologist or hydrologist from Hardee County, the Florida Department of Environmental Protection, or the Southwest Florida Water Management District.

The purpose and intent of this Section is to safeguard the health, safety, and welfare of the citizens of Hardee County by registering all land uses and activities that occur within Water Wellhead Protection Areas surrounding public potable water supply wells, thereby providing protection of the principal source of water for domestic, agricultural, and industrial use. The availability of adequate and dependable supplies of potable quality water is of primary importance to the future of the County; therefore, standards are described in this Section with the intent of protecting both the quantity and quality of the groundwater supply. It is further the intent of this Section to control development in and adjacent to designated water wellheads to protect water supplies from potential contamination.

Development regulations established in this Section shall be applicable to designated Water Wellhead Protection areas for all public supply water wells. Prior to designation of, or in the absence of sufficient information for Water Wellhead Protection areas, the official Water Wellhead Protection Area shall consist of a radius of 400 feet around each of the County's public supply potable water wells, as provided for in Conservation Element Policy C3.2 of the Comprehensive Plan of Hardee County (see Figure 7.3). An official map of wells and their Water Wellhead Protection Areas shall be maintained by the Planning and Development Division.

Where a property lies partly outside the Water Wellhead Protection Area, development standards contained in this Section shall apply only to that part of the property lying within the Water Wellhead Protection Area. Where the Water Wellhead Protection Area boundary passes through a building, the entire building shall be considered to be in the Protection Area.

(A)

Zone of Exclusion. The first 200-foot radius from a well shall be a Zone of Exclusion, where all development activities are prohibited (see Figure 7.3). It is the intent and purpose of the County to eliminate all activity of a hazardous nature or that produces hazardous materials/waste within 200 feet of a wellhead. In accordance with Policy C3.2 of the Conservation Element of the Comprehensive Plan of Hardee County, the footprint of a low-density residential structure may encroach upon the Zone of Exclusion, but no septic tank nor drain-field shall be permitted.

(B)

Zone of Protection. This Zone is the area from 200 feet to 400 feet from a water wellhead (see Figure 7.3).

(1)

All activities located 200 feet to 400 feet from a water wellhead are permitted in accordance with the zoning district and the table of land uses, except in the handling, production, or storage of hazardous substances, which shall be prohibited within the Water Wellhead Protection Area.

(2)

The County shall maintain a list of all land uses and activities within the Water Wellhead Protection Area Zone of Protection by requiring all activities to be registered with the County. The County shall register all activities from 200 to 400 feet of a well within one year of the adoption of this Code.

Figure 7.3

(C)

Prohibited Land Uses and Activities. The following land uses and activities are prohibited in the entire Water Wellhead Protection Area, including the Zone of Protection:

(1)

Landfills;

(2)

Facilities for bulk storage, handling, or processing of materials on the Florida Substance List;

(3)

Activities that require the storage, use, handling, production or transportation of restricted substances, agricultural chemicals, petroleum products, hazardous toxic waste, medical waste, or similar substances; non-residential use, handling, production, or storage of hazardous substances in any quantity and residential use of more than five gallons;

(4)

Feed lots or other commercial animal facilities;

(5)

Wastewater treatment plants, percolation ponds, or similar facilities;

(6)

Mines; and

(7)

Excavation of waterways or drainage facilities that intersect the water table.

(D)

The wellhead protection area shall be reviewed at least every two years. The protection area may be modified based on changes in the technical knowledge of the applicable aquifer; changes in pumping rate of wellfields; wellfield configuration; or designation of new wellfields.

(E)

Except as otherwise provided, no person shall construct, modify, install, or replace a hazardous substance storage system within the wellhead protection area.

(F)

Unless otherwise provided, new non-residential use, handling, production, or storage of hazardous substances shall be prohibited within the wellfield protection zone.

(G)

Any such use existing prior to adoption of this Code, including the use, handling, production, or storage of hazardous substances, and the storage of more than five gallons in connection with a residential use, shall be contained in the appropriate manner, in accordance with all Local, County, State and Federal guidelines.

(H)

In the event of a spill, the County shall maintain a list of businesses and their uses that may be potential polluters of any public water supply within the 400-foot wellhead protection area of each well.

All land uses and activities within the Water Wellhead Protection Area must be identified and registered with the County. The registration is to enable the County to eliminate all potential sources of contamination of the potable water supply.

(A)

Registration Within One Year. All land uses and activities from 200 to 400 feet of a water wellhead shall be registered with the County within one year from the adoption of this Section, without a fee. Thereafter, said person shall be subject to the fee schedule adopted in connection with this Code.

(B)

Exemptions. The following activities or uses are exempt from registration requirements in the Zone of Protection:

(1)

The transportation of any hazardous substance through the Zone of Protection;

(2)

Agricultural uses, except that said uses shall comply with Chapter 487.011 et. seq., the Florida Pesticide Law and the Florida Pesticide Application Act of 1974 and Rule 5E-2.011 et seq. and Rule 5E-9.001 et seq., F.A.C.;

(3)

The use of any hazardous substance solely as fuel in a vehicle fuel tank or as lubricant in a vehicle;

(4)

Fire, police, emergency medical services, governmental emergency management center facilities, and public utilities;

(5)

Repairing or maintaining any facility or improvement on lands within the Zone of Protection; and

(6)

Geotechnical borings.

(C)

Registration Procedure. Each landowner with a legal use or activity between 200 feet and 400 feet of a water wellhead shall notify the County as to the nature of the use or activity. The information shall be sent to the Planning and Development Division by letter. The information required is as follows:

(1)

Name, address, email address, and phone number of the property owner, operator, and/or agent, and the Tax Parcel Number;

(2)

Signature of agent or owner;

(3)

Location description of the property, such as "located on Highway 17 between Pine and Redwood Streets";

(4)

A description of the land use or activity at the location;

(5)

A list of all known hazardous substances that may be utilized, generated and/or stored at the described property;

(6)

If required by the Planning and Development Director, a survey or scale drawing of the property, identifying existing structures, adjacent streets, and waterbodies in relation to the water wellhead.

(A)

Any person affected by this Section may petition the Board of County Commissioners for modification from the prohibitions and registering requirements of this Section, provided that the person demonstrates that special or unusual circumstances and adequate technology exists to isolate the facility or activity from the potable water supply in the event of a spill.

(B)

The Board of County Commissioners shall determine whether the land use or activity shall be approved under the provisions of this Section. In making this decision, the Board of County Commissioners shall consider:

(1)

The cumulative impacts of the land use or activity on the Zone of Protection in combination with other uses or activities that have been permitted within said Zone; and

(2)

Whether the proposed use end product that is a threat to the water supply can be contained in the case of a spill.

(A)

It is the intent and purpose of the County to eliminate all land uses and activities within 200 feet of a water wellhead. All activities from 200 feet to 400 feet from a water wellhead are limited, with some activities prohibited. Those prohibited activities are listed in this Article, specifically in Section 7.05.03(C). An owner of a property that falls within the Water Wellhead Protection Zone is required to register their land use activity with the County as outlined in this Article, specifically in Section 7.05.04.

(B)

A record will be kept on file of all land uses and activities within the 400-foot Water Wellhead Protection Area of all wells. If a land use or activity ceases, the owner must notify the County by registered letter within 30 days of cessation of use.

The Board of County Commissioners may, at their option, adopt a fee schedule by resolution to provide for funding for the administration of this Section.

(A)

The Board of County Commissioners may declare a water shortage exists within all or part of the County's ground or surface water basin(s) or areas that are supplied water from the affected source, when a water shortage or water shortage emergency is declared to exist by SWFWMD, in accordance with Florida Statute Chapter 40D-21 F.A.C. "Water Shortage Plan" whereas the Board of County Commissioners determines insufficient water is available to meet public supply requirements, drought indicators specified in Table 21-1 of F.S. Chapter 40D-21 F.A.C., current regional lake levels at lower than normal values, current and recent precipitation outlooks, or when conditions require a temporary reduction in total use within the area to protect water resources from serious harm.

(B)

Certain non-essential uses of water shall be restricted or curtailed during the existence of a water shortage or water shortage emergency. 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 SWFWMD. 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 or 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 fountain or other structure using water with or without a recirculation system.

(6)

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

(7)

The washing of automobiles, trucks, trailers, railroad cars, manufactured homes, recreational vehicles, 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 following soil conservation measures shall apply to all development activities requiring site development plan or subdivision review:

(A)

During Construction. The developer shall follow standard practices as specified in the "Erosion Control Handbook — Florida" published by the U.S. Dept. of Agriculture, Soil Conservation Service, latest edition, or details specifically approved by the County to prevent erosion and depositing of soils off the construction site;

(B)

After Construction. All disturbed areas shall be mulched, seeded, or sodded as required by the County, and shall be maintained as such. The removal or lack of maintenance of vegetation resulting in on-site or off-site erosion or windblown loss of soils shall be deemed a violation of this Section.

As a condition for approval of a development permit or development order, or as part of a development agreement established under Section 9.20.00 of this Code, any person, corporation, or entity owning property in Hardee County may create a conservation easement. Conservation easements shall be subject to the provisions of the Florida Statutes, and may be used to prevent or prohibit the following activities:

(A)

Construction or placing of buildings, roads, signs or other advertising, utilities, or other structures, on or above the ground.

(B)

Dumping or placing of soil or other substances or materials as landfill, and dumping of trash, waste, or unsightly or offensive materials.

(C)

Removal or destruction of trees, shrubs, or other vegetation.

(D)

Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such a manner as to affect the surface of the ground.

(E)

Any use that alters the natural condition of the land or water area.

(F)

Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation.

(G)

Any use that is detrimental to the retention of land or water areas.

(H)

Any use that is detrimental to the preservation of properties of historical, architectural, archaeological, or cultural significance.

Conservation easements are perpetual, undivided interests in property and may be created or stated in the form of a restriction, easement, covenant, or condition in any deed, will, or other instrument executed by or on behalf of the owner of the property, or in any order of taking. Such easements may be acquired in the same manner as other interests in property are acquired, except by condemnation or by other exercise of the power of eminent domain, and may be assigned to other governmental agencies, charitable organizations, or trusts authorized to acquire such easements.

Conservation easements shall run with the land and be binding on all subsequent owners of the property. Conservation easements shall entitle the holder to enter the land in a reasonable manner and at reasonable times to assure compliance with the purpose(s) of such easements. All conservation easements shall be recorded and indexed in the public records of Hardee County in the same manner as any other instrument affecting the title to real property.