It is the intent and purpose of this chapter to:

A.

Methodology for the delineation of WPAs for community water system supply wells permitted to pump 100,000 gpd or greater.

The wellhead protection areas correspond to five- and ten-year travel time contours. These travel time contours were generated using the modeling techniques explained in the September 25, 2001, County groundwater protection study by Metcalf & Eddy (Pasco Groundwater Study), adopted herein by reference. The following is a summary of the procedures used to develop the WPAs for community water system supply wells that are permitted on average to pump ≥100,000 gpd.

1.

The locations of the subject water supply wells were established in terms of the Universal Transverse Mercator (UTM) coordinates (NAD83 datum) based on surveying conducted by Tampa Bay Water, Metcalf & Eddy, Inc., and the SWFWMD.

2.

The Central North Tampa Bay Integrated Surface and Groundwater model (version 2.5, calibration NEWCNTB 127) was used to develop regional groundwater regime information for input to local groundwater models with finer resolution.

3.

The regional groundwater model was refined in 18 areas around water supply wells to produce local groundwater models with grid resolutions of 50 to 100 feet. Groundwater levels calculated by the regional model were specified on the boundary of the local models, which were run to steady state with average recharge conditions, and well withdrawals equal to their permitted daily average flows.

4.

Zones of contribution were determined by backward tracking of particles uniformly released around the supply wells for two-, five-, and ten-year travel times. For these simulations, an effective porosity of 0.15 was used in conjunction with a thickness of 500 feet for the Upper Floridan Aquifer. The delineation methodology is described in the Pasco Groundwater Study.

5.

Based on a sensitivity analysis of the delineation methodology, a buffer of 200 feet around the calculated zones of contribution was adopted to provide a margin of safety and account for uncertainty in the parameters and approaches used in the modeling.

B.

Methodology for the delineation of wellhead protection areas for community water systems permitted on average to pump less than 100,000 gpd.

WPA 1 for community water system supply wells permitted on average to pump less than 100,000 gpd shall be a fixed radius of 500 feet from the well or wells. This radius is based on a time of travel of five years for a supply well withdrawing 100,000 gpd over an aquifer thickness of 200 feet, with an effective porosity of 0.15.

Protect, conserve, and enhance the natural and cultural resources of the County in a manner that cultivates and preserves a unique sense of place while fostering economic well-being.

Implement the Comprehensive Plan with particular emphasis on preserving and protecting biodiversity and the ecological values and functions of uplands, wetlands, open bodies of water and flowing streams, floodplains, groundwater, and other significant geological features, soils and slopes, and flora and fauna.

Provide standards for development that do not contribute to increasing vulnerability to natural and man-made hazards.

Protect the habitat of listed species, critical linkages, natural resources within Ecological Planning Units, lakes, rivers, streams, and beneficial wetlands functions.

Maintaining adequate quality and quantity of water and open space.

It is the intent and purpose of this section to preserve, maintain, and protect existing native and noninvasive trees on site and to require a minimum number of trees as a condition of land development approvals. A list of native trees can be found within the Development Manual.

(Ord. No. 22-23, § 5(Exh. A), 5-3-22; Ord. No. 22-63, § 5(Att. A), 12-6-22)

This section shall apply to all land in unincorporated Pasco County, except for the activities of registered commercial growers on the premises of plant or tree nurseries, botanical nurseries, botanical gardens, or tree farms (sponsored by the American Forest Foundation).

(Ord. No. 22-23, § 5(Exh. A), 5-3-22; Ord. No. 22-63, § 5(Att. A), 12-6-22)

A.

Exemptions. A Tree Removal Permit is required for the removal of all five-inch diameter at breast height (dbh) or greater trees, except in the following circumstances:

1.

Utilities. Removal by agents of a utility for overhead and underground utilities service, including distribution, collection and transmission lines, and pipelines subject to the following limitations:

a.

Pruning or trimming a tree inconsistent with the American National Standards Institute (ANSI) 300A 2001, as amended, is prohibited.

b.

Removal of trees 18 inches dbh and larger within corridors and/or easements shall require notification, prior to removal, by telephone to the County Administrator or designee and notification to the property owner and/or occupant at least three business days prior to removal.

2.

County Maintenance. County Road and Drainage Maintenance Projects.

3.

Management Plans with Tree and Vegetation Removal. Projects for which a plan has been approved by a Federal, State, or local agency or water management district for the removal of undesirable invasive or nonnative vegetation on lands owned, controlled, or managed for conservation, excluding vegetation in surface waters and wetlands. This includes alteration of vegetation pursuant to an adopted management plan for government-maintained parks, recreation areas, wildlife management areas, conservation areas, and preserves.

4.

County Approved Management Plan. Activities consistent with a management plan adopted by or reviewed and approved in writing by the County, provided that the activity furthers the natural values and functions of the ecological communities present, such as clearing firebreaks for prescribed burns.

5.

Fencing. The minimal removal of trees necessary to install a fence or wall defining a property line, provided that all of the following conditions are complied with:

a.

The fencing or wall is not related to the requirements of a development plan;

b.

The path cleared for the fence does not exceed ten feet in width;

c.

No equipment heavier than a one ton pickup truck, hand-held outdoor power equipment, or a standard farm tractor is used in clearing the fence or installing the fence; and

d.

No dredge or fill activity is required other than the installation of posts and fence materials.

6.

Survey or Other Test Required. The necessary removal of vegetation by, or at the direction of, a State of Florida licensed professional surveyor and mapper, professional geologist, or professional engineer to conduct a survey or other required test, provided that no tree of special significance tree is removed and the path cleared does not exceed ten feet in width.

7.

Exotic Species (provided the tree is not part of a required landscape plan or tree permit plan) and Invasive Species.

8.

Palms and Pines. Any tree of the palm family or pine family (other than long-leaf pine) on single-family lots, unless part of an adopted replanting or landscaping plan.

9.

Bona Fide Agricultural Land.

a.

Exemption Qualification: Tree removal on lands classified as bona fide agricultural land for ad valorem taxation purposes pursuant to Section 193.461, Florida Statutes, or proposed for bona fide agricultural purposes, except that such activity must be done in compliance with applicable Southwest Florida Water Management District (SWFWMD) and, Florida Department of Environmental Protection regulations, and Best Management Practices (BMPs).

b.

Applicability in Wetlands. This exemption does not apply to tree removal within wetlands, unless: (a) an Agricultural Ground and Surface Water Management (AGSWM) or Environmental Resource Permitting (ERP) exemption letter or permit has been issued allowing for such tree removal or (b) the property has filed a notice of intent with the Florida Department of Agriculture and Consumer Services (FDACS) to implement BMPs and complies with the applicable FDACS BMP Manual.

c.

Exemption Expiration: This exemption from the tree removal requirements shall expire upon submittal of a Site Development application (LDC Section 403) or Operating Permit (LDC Section 404) (Collectively "Development Application(s)")unless:

(1)

The Development Application is denied, rescinded or expires, in which case the exemption shall be reinstated;

(2)

The property has been agriculturally zoned (A-C, AC-1, A-R, AR-1, AR-5, or AR-5MH) and under an agricultural classification pursuant to Section 193.461, Florida Statutes, for a period of five consecutive years or more, in which case trees removed during such time period shall not require mitigation or replacement, or the property has been agriculturally zoned (A-C, AC-1, A-R, AR-1, AR-5, or AR-5MH) and under an agricultural classification for a period of two or more consecutive years and has not submitted a Development Application for a period of three years after the property has ceased to be agriculturally zoned or ceased to be under an agricultural classification, in which case trees removed during the time period the property was agriculturally zoned and under an agricultural classification shall not require mitigation or replacement;

(3)

The removed trees (a) are of the palm family, pine family or other tree families which are planted or grown specifically for harvesting in accordance with applicable FDACS BMPs, or (b) are trees that lie within or among trees that are planted or grown specifically for harvesting whose removal is (i) necessary to remove the trees planted or grown specifically for harvesting, and (ii) in accordance with applicable FDACS BMPs, or;

(4)

The Development Application was submitted prior to June 8, 2016, the effective date of Ordinance 16-12, in which case such application may continue to rely on this exemption after the submittal of the Development Application.

Measurement of the Required Tree Mitigation Upon Exemption Expiration and if the exceptions in (1), (2), (3) or (4) above do not apply: If the landowner conducted a tree survey prior to removing trees under the agricultural exemption, and that tree survey identifies a greater number of trees than a more recent survey conducted pursuant to Section 802.3.B.1.b., then the County shall utilize the older tree survey to determine the number of trees that require replacement and/or mitigation, notwithstanding the time limits in Section 802.3.B.1.b.(1).

If the landowner failed to conduct a tree survey prior to removing trees under an agricultural exemption, and a more recent tree survey conducted pursuant to Section 802.2.B.1.b. would not identify trees removed under the agricultural exemption, then the applicant shall utilize aerial images and/or GIS maps from any date on or after June 8, 2016 and/or random sampling techniques on abutting or nearby properties containing vegetation of similar type to estimate the number of removed trees that require replacement and/or mitigation as a result of the expired agricultural exemption, and such estimate shall be reviewed and approved by the County.

The expiration of the exemption from the tree removal requirements hereunder shall not affect a landowner's ability to apply for, receive, or maintain an agricultural classification pursuant to Section 193.461, Florida Statutes.

Tree replacement and/or mitigation shall be required for trees removed pursuant to a proposed application for land classification if such application is not granted within one calendar year of removal.

10.

Single-Family Residential Lots with Existing Homes. Tree Removal Permits on single-family lots with existing homes are only required for trees greater than five-inch diameter at breast height.

B.

Tree Removal Permit Applications.

1.

Tree Removal Associated with Development Activity.

a.

Intent and Purpose. It is intended that consideration of tree removal will be part of a holistic evaluation of a project proposal. While retaining existing trees and vegetation is encouraged, it is also recognized that trees have a life span and are subject to injury and disease. It is the intention of this section to protect trees that are currently healthy and viable and are able to remain so for a significant period after development. It is also recognized that tree removal is often an inevitable part of development and as such, replacement of tree canopy is often a necessary and preferred alternative.

b.

Development Plan Submittals. Applications associated with Development Permit requests shall include the following:

(1)

A tree location survey identifying all trees ten inches dbh and larger. Unless otherwise permitted by the Zoning Administrator or designee, tree surveys shall not have been completed more than three years in advance of submittal. In no case, shall tree surveys have been completed more than five years in advance of submittal, unless part of a previous approval. If a tree survey was prepared in association with a previous approval, a modified tree survey verifying tree diameter information (as certified by an arborist) shall be submitted at the time of preliminary site plan review.

(2)

An inventory of identified trees by type and size (not including palm and pine trees, except for longleaf).

(3)

A tree plan prepared or approved by a registered landscape architect as authorized by Chapter 481, Florida Statutes, as amended, or other type of professional as approved by the County Administrator or designee. The tree plan shall be part of the landscape plan for the site and the overall design plan and shall consider the following:

(a)

Minimizing tree removal through design creativity and sensitivity using requests for alternative standards and modifications as appropriate to permit existing trees to remain on site.

(b)

Design and location of streets, accessways, sidewalks, and other hardscape shall consider the location of trees.

(c)

Stature, strength, health, and endurance of existing trees with due consideration given to fill requirements of the proposed development.

(4)

Representative sample. A representative sample provides an estimate of tree coverage by surveying a portion of the property containing dense tree cover and applying the survey results to the entire property, or to all areas of the property with dense tree cover. The use of a representative sample is discretionary to the county, and the county may alter the methodology used on a case-by-case basis to best suit the specific circumstances. The following parameters shall be followed when developing a representative sample:

(a)

The survey area shall contain a minimum area of 10,000 square feet.

(b)

The survey area shall be representative of other areas of the property in terms of tree density, growth characteristics and species.

(c)

It is acceptable to utilize multiple survey areas representing varying tree densities and growth characteristics on the property.

(d)

A current aerial map identifying the sample area(s) will be required to be submitted in conjunction with an explanation of the methodology used to develop the representative sample shall be explained in a plan note.

c.

Development Approval Required. Approval to remove trees shall be part of the overall development approval and shall only be allowed after the development approval is granted.

2.

Individual Tree Removal Permits.

a.

Applications. Applications for individual Tree Removal Permits, or Tree Removal Permits not in association with a development proposal, shall be submitted on the forms and in the manner prescribed by the County Administrator or designee in the Development Manual. The application shall include a sketch of the location of the tree or trees proposed for removal and an analysis of the reason removal should be authorized.

b.

Criteria to Allow Removal. The following shall be considered by the County Administrator or designee when determining whether to approve a request for tree removal:

(1)

Proximity to Structures. Whether the tree or root system is determined to be detrimental to the integrity of a structure or proposed structure's foundation.

(2)

Thinning. Whether the removal of the tree would be beneficial to the enhanced growth of other trees on site.

(3)

Safety. Whether the tree poses a hazard and the hazard cannot be eliminated through other means, such as trimming.

(4)

Condition of Tree. Whether the tree is dead; irreversibly diseased; insect ridden; or weakened by age, storm, fire, or other natural causes or act of God rendering it beyond saving. When this condition is field verified by an arborist, tree replacement is not required.

(5)

Not Viable in Future. If the tree will be damaged or killed by required site grading, excavation, and/or fill.

(6)

Whether the tree is subject to the provisions of Section 802.3.D, Removal of Previously Approved and Required Tree Plantings.

c.

Denied Requests. In circumstances where the request to remove a tree or trees is denied by the County Administrator or designee, the applicant may supply additional information from a certified arborist for review.

C.

Tree Replacement and Mitigation.

1.

Tree Replacement.

a.

Residential Tree Replacement where trees were not planted in accordance with a site development plan approved by the County.

A replacement tree shall be required to be planted for each tree removed from existing single family, two family, or mobile home lots, including those on agriculturally zoned property, where the removal will result in fewer beneficial trees remaining on the lot in accordance with Section 905.2.D.2.a.

b.

Replacement on Other Than Residential Lots.

(1)

Replacement Ratio. Trees of ten inches dbh and larger which are allowed to be removed shall be replaced as follows:

(a)

For live oak (Quercus Virginiana), the total caliper inches of replacement trees shall equal the total caliper inches of live oaks removed, rounded to the nearest whole number.

(b)

For other trees, the total caliper inches of replacement trees shall equal one-third the total caliper inches removed, rounded up to the next whole inch.

(2)

Planting Credit. Credit against the required replacement trees will be given for trees planted pursuant to the landscaping and buffering requirements. Trees located within environmentally sensitive lands shall not be credited toward the total number of required trees.

(3)

Tree Mitigation Fund. If the applicant demonstrates to the satisfaction of the County Administrator or designee that a site cannot accommodate the total number of replacement trees required by this section as a result of insufficient planting area, the applicant shall provide a monetary contribution to the Tree Mitigation Fund at the rate established by resolution of the Board of County Commissioners (BCC) as follows:

(a)

For residential projects, $50.00 per inch of the total caliper inches of replacement trees that could not be accommodated on the site, but not to exceed $500.00 for each residential unit.

(b)

For residential projects which are designated as qualifying affordable housing projects, $10.00 per inch of the total caliper inches of replacement trees that could not be accommodated on the site, but not to exceed $50.00 for each residential unit.

(c)

For non-residential projects, $50.00 per inch of the total caliper inches of replacement trees for that could not be accommodated on the site, but not to exceed $500.00 for each 2,000 square feet of first floor building area.

(d)

For non-residential projects where there is no building area, $50.00 per inch of caliper inches of replacement trees that could not be accommodated on the site.

D.

Removal of Previously Approved and Required Tree Plantings where trees were planted in accordance with a site or development plan approved by the County.

1.

Applicability. This section applies only to trees that were planted as part of a development project where the trees installed in accordance with the approved plan are damaging utilities, sidewalks, parking areas, or structures (problem trees).

2.

Verification of Problem Trees where trees were planted in accordance with a site or development plan approved by the County prior to January 1, 2017.

The applicant shall provide written confirmation that the tree is causing damage and that measures, such as excavation under roots, meandering or reinforcing the sidewalk, or pruning roots are not appropriate and the tree should be removed. If not all trees of a particular species are causing similar-type damage, it may be presumed that the remaining trees of that species will become problematic in the future and may also be removed pursuant to this section.

3.

Verification of Problem Trees where trees were planted in accordance with a plan approved by the County after January 1, 2017.

A licensed arborist or certified landscape architect shall provide written verification that the tree is causing damage and that mitigation efforts, such as excavation under roots, meandering sidewalks, installation of alternate sub-base materials or pruning roots are not appropriate and the tree should be removed.

4.

Authority to Request Removal of Problem Trees.

a.

In residential projects, the homeowners' association, Community Development District, or similar entity having authority may submit an application for removal of problem trees located on the property under the control of the entity. Where such entities do not exist, an authorized representative of the neighborhood, through petition of the affected owners, may apply.

b.

In nonresidential projects, the property owner, merchants' association, or similar entity having authority may submit an application for problem tree removal.

5.

Submittal Requirements. An applicant shall submit required information in the form as specified by the County Administrator or designee. Plans shall be drawn at a readable scale and include:

a.

The location and number of the problem trees to be removed;

b.

The planting locations and number of replacement trees, including botanical names;

c.

Application fee; and

d.

Proof of authority.

6.

Replanting Requirements.

a.

Problem trees shall be replaced at 1:1 for each problem tree removed.

b.

Replacement trees shall be of a species appropriate for the placement area and comply with the principle of "right plant, right place." Additional resources, such as Costello, L.R. & Jones, K.S. Reducing Infrastructure Damage By Tree Roots: A Compendium of Strategies, 2003, should be consulted.

c.

Replacement trees shall meet the quality of standards in this Code and be planted, installed, and maintained according to the requirements of this Code.

d.

Replacement trees shall only be planted within an easement so as not to interfere with the use of that easement, and shall not be planted under any present or planned overhead or underground utility, nor within any County maintained rights-of-way or on public lands without prior County approval through the appropriate review process.

e.

Replacement trees proposed for planting in County maintained rights-of-way will require the submittal of a report and mitigation plan prepared by a Certified Landscape Architect or Licensed Arborist. Said mitigation plan shall outline preventive measures for trees that have a potential to cause damage to structures, including but not limited to, sidewalks, utilities, parking areas, storm drains, or common ground walkways as identified by Certified Landscape Architect or Licensed Arborist. Such mitigation measures shall include solutions such as installation of alternative sub-base materials, installation of root barriers, meandering sidewalks, or other similar preventive measures to ensure the most favorable outcome for healthy and viable plantings.

f.

Where possible, replacement trees shall be installed in the same location as the problem tree was formerly located.

g.

If an appropriate replacement tree cannot be installed in the same location as the problem tree, the replacement tree shall be planted on site in another location or in other common areas, such as around drainage ponds, near a clubhouse, a park, or at the entrance of the project.

h.

If all of the replacement trees cannot be replaced on site, the applicant shall contribute to the Tree Mitigation Fund as provided for in Section 802.3.C.1.b.(3) and 802.3.E.

E.

Tree Mitigation Fund.

1.

Establishment. A tree mitigation trust fund is hereby established. All monies received by the County pursuant to this section shall be deposited in a separate revenue account known as the Tree Mitigation Fund, established and maintained apart from other general revenue funds and accounts of the County.

2.

Purpose. The fund shall be used solely for the reimbursement of the purchase and planting of drought tolerant trees, as listed by the SWFWMD or the University of Florida Institute of Food and Agricultural Sciences and by the County Administrator or designee, and other landscape plants or native trees and landscaping plants meeting the intent and purpose of this Code and the administrative costs as designated by the BCC.

3.

Authorized Locations. Trees and other landscaping plants and materials purchased with fund monies may only be planted:

a.

On land owned by or under the control of the County;

b.

Where the County desires to assist homeowners and affordable housing project meet the tree plant requirements of this Code, after an assessment by the Community Development Division of property value and income level;

c.

To assist in the redevelopment of designated portions of Pasco County, including providing assistance to individual property owners; and

d.

To assist the District School Board of Pasco County in the creation and maintenance of attractive community assets. In this circumstance, the assistance shall be specifically approved by the BCC.

F.

Tree Standards. All trees required by this section to remain or be planted shall be alive, in good health, and meet the following standards:

1.

Florida Grade No. 1. Trees to be planted shall be Florida Grade No. 1 or better pursuant to the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Grades, and Standards for Nursery Plants, which is incorporated herein by reference.

2.

Trees shall be equal to or greater than two inches in caliper. Multi-trunked trees shall be equal to or greater than two inches in caliper with a minimum of three trunks.

3.

Trees shall meet the following diversity standards:

4.

Invasive or exotic species located within a project area shall be removed.

5.

Tree plans shall designate a person or entity, other than the County, to be responsible for maintenance.

6.

All trees shall be planted according to the Florida Chapter, International Society of Arboriculture Standards for Planting, which is incorporated herein by reference. All trees must be maintained in good condition and planted in locations with adequate open space to allow for mature tree-canopy development.

7.

A tree of the required size and type shall replace any required tree that dies within one year from completion of construction of associated infrastructure improvements; issuance of a Certificate of Occupancy (CO) for the lot; or where no CO is required, final inspection or first use of the lot. Planting of such tree shall take place within 30 days, unless an extension is requested by the applicant and granted by the County Administrator or designee. To increase likelihood of survivability, the tree may be located elsewhere on site.

8.

Trees shall not be planted within any easement so as to interfere with the use of that easement, nor under any present or planned overhead utility, nor in any rights-of-way or on public lands without County approval through the appropriate review process.

9.

Palms. Palm trees may be substituted for shade trees at a rate of three palm trees, grouped together, for one shade tree. Exceptions may be made for the Phoenix (not including Roebellini), which may be planted individually. Palms must have a minimum of ten feet of clear trunk at the time of installation.

G.

Tree Protection Requirements. To ensure a healthy tree canopy in Pasco County, the following tree protection measures shall be complied with:

1.

Tree Protection During Development.

a.

Marking and Barriers. Prior to the clearing or grubbing of land or the removal of any tree, the applicant shall clearly mark all trees for which Tree Removal Permits are requested and shall erect barriers around trees to be retained so as to create a protected zone.

(1)

The protected zone shall radially extend from the tree trunk at a minimum distance equal to the tree's drip line.

(2)

Barriers a minimum three feet in height shall be erected outside the protected zone to prevent encroachment. Barriers shall remain in place and be in good condition throughout all development and building activity. Silt barriers, hay bales, or similarly effective erosion-control barriers shall be required in any areas where erosion or siltation may cause damage to retained trees.

(3)

For large property areas, contained stands of trees to be retained that are separated from grubbing, clearing, and construction, in lieu of placing barriers around each tree, the stand of trees may be partitioned off by placing the barriers around the perimeter of the stand area on the sides where grubbing, clearing, construction, etc., is occurring, as long as an equivalent protected zone is established.

b.

The application shall not cause or permit the movement of equipment or the storage of equipment, material, and debris or fill to be placed in the protected zone. No excavation shall occur within the protected zone, and there shall be no cleaning of equipment or material or the storage or disposal of waste materials, such as paints, petroleum products, oils, solvents, asphalts, concrete, mortar, or any other material within the protected zone. There shall be no fire or burning within 30 feet of the protected zone.

c.

Protective barriers may be removed for the final grading. Removal of vegetation or any landscaping activities within the barrier area shall be accomplished by mowing or hand clearing. If landscaping is to be located within the protected zone, clearing by light rubber-wheeled machinery only in the area and to the extent necessary shall be allowed.

2.

Utilities. Utility lines which are tunneled beneath tree roots in order to protect feeder roots are permitted. Elsewhere, trenching is allowed no closer to the tree's trunk than two-thirds of the drip line radius. However, protective measures shall be taken as specified in the Tree Protection Manual for Builders and Developers, as amended and published by the Florida Department of Agriculture and Consumer Services, which protective measures for feeder roots are incorporated herein by reference.

3.

Activities Prohibited. When a tree is damaged by acts/omissions prohibited by this section, separate violations (or counts) may be charged for each inch of the tree measured at dbh.

The following are prohibited:

a.

Irreversible damage to a tree.

b.

Pruning or trimming any tree (except invasive) in a manner inconsistent with ANSI Pruning Standards, Section A300 2001, as amended, which is incorporated by reference.

c.

Topping of any tree.

d.

Damaging, in any manner, any tree located on public lands.

e.

Failure to remove guy or support wires, where used, from trees within six months after planting.

H.

Trees of Special Significance.

1.

Designation. Trees of special significance are those trees or grouping of trees designated as such by resolution of the BCC. Designations can only be initiated by the property owner(s) of such trees or, if on County property, by County staff. After initiation, designation requests shall be reviewed by County staff, and those trees meeting the requirements of this section shall be presented to the BCC who shall decide whether to approve the designation. Trees may be designated if one of the following criteria exists:

a.

It is a historic tree, which is a tree of notable historical interest and value to the County because of its location or historical association with the community.

b.

It is a specimen or grand tree, which is a tree of high value to the community because of its type, size, age, exceptional characteristics, or other relevant criteria.

c.

It is a champion tree, which is a tree that has been identified by the State Division of Forestry as being the largest of its species in the United States or the world.

2.

Trees designated as trees of special significance shall have a preservation easement, prepared by the owner(s) of the tree(s), created around them, and extending a minimum of 15 feet in all directions from the trunk. The preservation easement shall be recorded by the owner(s) of the tree(s) in the Public Records of Pasco County.

3.

Special Protection. An administrative variance of the required minimum front, rear, and side yard setbacks may be granted to allow the preservation of trees of special significance. Topping, irreversible damage to, or incorrect pruning of trees of special significance shall be subject to all penalties and fines as provided by this Code. The removal of any designated tree of special significance requires a permit, a site inspection, and a written evaluation by a certified arborist demonstrating that removal is deemed necessary to avoid the immediate peril to life, and/or property, and/or the condition of the tree warrants removal; removal must be approved by the BCC and the replacement requirements shall be as determined by the BCC.

(Ord. No. 22-23, § 5(Exh. A), 5-3-22; Ord. No. 22-63, § 5(Att. A), 12-6-22)

It is the intent and purpose of this section to implement Comprehensive Plan Policies CON 1.1.2 and 1.5.5, by requiring that proposed development site be examined for the presence of plant and animal species listed as threatened, endangered, or of special concern or protected by the Florida Fish and Wildlife Conservation Commission (FFWCC) or the United States Fish and Wildlife Service (USFWS) or other appropriate agency.

A.

All applications for zoning amendments to MPUD and site development where listed or protected species are documented, or have the potential to occur, shall include a preliminary habitat assessment, which at a minimum, shall include: identification of on-site habitats, soils maps, survey methods and/or transects, and direct observations of any listed and protected species. Additional species specific surveys may be required. All surveys shall be conducted in accordance with applicable State and Federal guidelines, technical reports, and recommendations.

B.

Where a listed or protected plant or animal is present on the proposed development site, development applications must be submitted to the FFWCC or USFWS, as appropriate.

C.

Prior to initiating filling, grading, or construction, any permits required for any impacts to habitats occupied by listed or protected species shall be obtained and a copy provided to the County.

D.

Where mitigation or a management plan is required by either the FFWCC or the USFWS for impacts to listed or protected species, the applicant shall copy the County on all correspondence, plans, and resulting mitigation.

(Ord. No. 24-21, § 5(Att. A), 4-23-24)

It is the intent and purpose of this Section to:

A.

Implement Objective CON 1.2, Critical Linkages, of the Conservation Element of the Comprehensive Plan, as amended;

B.

Henceforth refer to Critical Linkages as Ecological Corridors, areas identified as connecting the County's core conservation tracts to maintain ecological functions and conserve natural resources at a regional scale - "Ecological Corridors in this Section 804 have the same meaning as "Critical Linkages" in the Comprehensive Plan, existing MPUD's and MPUD applications, the Land Development Code, and similar laws and regulations, as well as the documents filed in connection therewith;

C.

Implement the Critical Linkage (Ecological Corridor) portion of Assessment of Measures to Protect Wildlife Habitat in Pasco County, March 2002, (The Habitat Study) as amended;

D.

Establish the specific boundaries of the Ecological Corridors;

E.

Provide for transfer of development rights and compensation options; and

F.

Establish the permitted and prohibited uses within the Ecological Corridors subject to these regulations.

(Ord. No. 19-31, § 4(Att. A), 8-20-19)

A.

Development Applications Increasing Density or Intensity. Any zoning amendment, conditional use, special exception, Development of Regional Impact (DRI), or comprehensive plan amendment that proposes an increase in density or intensity after the effective date of this Section and that has an Ecological Corridor within the property boundaries is subject to this Section. All density or intensity must be transferred out of the Ecological Corridor. All such projects, except conditional uses and special exceptions, shall be rezoned and reviewed as a Master Planned Unit Development (MPUD) in accordance with this Code, Section 522 or Conservation Subdivision MPUD (Section 522.7). The MPUD application must include all contiguous or nearby lands within the Ecological Corridor that are owned by the applicant or a related landowner, and all contiguous or nearby lands outside the Ecological Corridor that are owned by the applicant or a related landowner, but only if such lands outside the Ecological Corridor are necessary to achieve or accommodate any density or intensity transfer or other incentives allowed pursuant to Section 804.10.

For purposes of this Section, the term "related landowner" shall include a relative, as that term is defined in Section 112.3143(1)(c), Florida Statutes, a partnership in which any of the same persons or entities are partners, a corporation in which any of the same persons are officers or directors, or a similar related entity as determined by the County Administrator, or designee. Specific MPUD application or submittal requirements may be waived or deviated from in accordance with the criteria in this Code, Section 303.6.C.

For purposes of this Section, the term "increase in density or intensity" shall mean adding additional residential units (density) or additional non-residential square footage or land uses (intensity) to the property within the Ecological Corridor above and beyond the maximum number of residential units or non-residential square footage or land uses permitted as of right by the existing zoning in the Ecological Corridor, even if there is an overall reduction in density or intensity once property outside the Ecological Corridor is included in the project boundaries. The term specifically excludes residential or non-residential additions to property (e.g. barns, storage sheds, swimming pools, fences/walls, driveways, landscaping, parking, signs, etc.) that are permitted as-of-right by the existing zoning on the property.

B.

Voluntary Applicability. Any applicant having an Ecological Corridor within his/her property boundaries not seeking an increase in density/intensity is not subject to this Code, Section 804.2.A. above, but may voluntarily elect to subject any development application to the requirements of this Section.

A.

Prior Development Approvals in Accordance with Existing Zoning. Projects that are already subject to Subarea policies, or that have already received MPUD, conditional use, special exception, preliminary plan, construction plan or building permit approval, or a Certificate of Occupancy, before the effective date of this Section, or projects that have submitted applications for such approvals that are deemed complete or sufficient prior to April 28, 2016, are not subject to this Section. Such approvals shall continue to be subject to any applicable site plan, conditional use, special exception, or MPUD conditions of approval, or Subarea policies, relating to Ecological Corridors, and increases in density or intensity within such approvals after the effective date of this Section and within any Ecological Corridor shall be subject to the requirements of this Section. In addition, if such prior approvals established Ecological Corridor boundaries or permitted uses which differ from the boundaries or permitted uses in this Code, Section 804, or the Conservation Element of the Comprehensive Plan, the boundaries and permitted uses shall be governed by the prior approvals in lieu of this Code, Section 804, and the Conservation Element of the Comprehensive Plan.

B.

All Development Applications Not Increasing Density or Intensity. All development applications consistent with the existing zoning district in effect as of the effective date of this Section, and all development applications that do not propose an increase in density or intensity shall not be subject to this Section. The density or intensity for such applications is not required to be transferred out of the Ecological Corridor. However, such development applications (other than building permits and certificates of occupancy) shall be forwarded to the Environmental Lands Program (ELAMP) Manager for review and consideration in order to contact the property owner and inquire as to their interest in a voluntary nomination of the property for acquisition through ELAMP. Such development applications shall not be denied or delayed due to their location within an Ecological Corridor, unless the applicant agrees otherwise.

C.

All lawfully permitted uses and structures within an Ecological Corridor existing prior to the effective date of this Section shall not be affected by this Section.

D.

Land within the Ecological Corridor that has existing residential units constructed at a density greater than one dwelling unit per acre, or is isolated from the Ecological Corridor by existing residential units constructed at a density greater than one dwelling unit per acre, is excluded from the Ecological Corridor and from the requirements of this Section.

The Assessment of Measures to Protect Wildlife Habitat in Pasco County, March 2002, as amended, is hereby found by the Board of County Commissioners (BCC) to be the basis for the Ecological Corridor boundaries and regulations.

The Guidelines for Ecological Corridors, as referenced throughout this Section, as amended, shall be adopted by resolution of the BCC.

A.

The Ecological Corridors defined below have been identified to maintain a contiguous network of wildlife habitat between existing public lands to protect and conserve native vegetative communities, endangered and threatened species, and natural functions of wildlife habitats, including wetlands.

Map 3-4 (Ecological Corridors) of the Conservation Element of the Comprehensive Plan (Exhibit 804-1 of this Section) shall establish the boundaries of the Ecological Corridors, except when boundaries are established through the boundary refinement and deviation criteria in Section 804.7, and except when boundaries have been established in the Subarea Map of Map 2-9 or in any prior development approvals as listed in this Code, Section 804.3.A. Subject to the foregoing exceptions, the descriptions of the Ecological Corridors and the boundaries are as follows:

1.

North Pasco (Starkey) to Crossbar Ecological Corridor.

Description: This Ecological Corridor follows the Pithlachascotee River and begins at the northern County line along the Masaryktown Canal to the Crossbar Ranch wellfield. Crews Lake Park lies approximately midway between the north Pasco and Crossbar wellfields and is included in the Ecological Corridor. Large portions of this corridor are not currently in public ownership. The overall distance between the public lands to be interconnected requires a width of 2,200 feet to provide functionality for this Ecological Corridor. The Corridor contains flatwoods, mesic hammocks, and forested wetlands associated with the Pithlachascotee floodplain, including the extremely dynamic hydrologic basin associated with Crews Lake, but also will preserve portions of the historic Sandhill communities as it approaches the Crossbar Ranch. The essential features are the flatwoods, mesic hammocks, forested wetlands, the Pithlachascotee floodplain and xeric uplands on either side of the Masaryktown Canal.

Boundaries: Being 1,100 feet on each side of the centerline of Pithlachascotee River and its associated wetlands, flatwoods and uplands, extending from the Starkey Wilderness Park easterly boundary to the Cross Bar Ranch westerly boundary, as indicated on Exhibit 804-1 of this Section.

2.

Crossbar to Connerton Ecological Corridor.

Description: The Conner Preserve, formerly known as the Connerton purchase, serves as the nexus for three of the seven Ecological Corridors. The Crossbar to Connerton connection is a 2,200-foot-wide corridor that will preserve a broad expanse of herbaceous marshes in the west central portion of the County. Much of the area encompassed by the Crossbar to Connerton Ecological Corridor is comprised of seasonally flooded sandhill and flatwoods marshes. The mosaic created by the presence of these marshes, flatwoods, and imbedded adjacent uplands provides for the preservation of seasonally flooded, mesic, and xeric habitats that will be used by a wide variety of wildlife. The essential features are the Sandhill, marsh and flatwood habitats which create a unique mix of diverse habitat types within the confines of this corridor.

Boundaries: Being 1,100 feet on each side of the centerline of the Category 1 wetlands, extending from the Conner Preserve northerly boundary to the Al Bar Portion of Crossbar Ranch southerly boundary, as indicated on Exhibit 804-2 of this Section.

3.

North Pasco (Starkey) to Connerton Ecological Corridor.

Description: Throughout much of its approximately four-mile course, this Ecological Corridor incorporates the forested wetland systems associated with Five Mile Creek. There is an existing large, open span undercrossing at the juncture with the Suncoast Parkway. An additional large mammal undercrossing is designed for this Corridors' juncture with U.S. 41 providing connectivity with the Conner Preserve. Much of the western portion of this 2,200-foot-wide corridor is comprised of forested wetlands and the floodplain associated with Five Mile Creek. This corridor includes areas of historic flatwoods habitat that have been modified to agricultural and silvicultural use. The flatwoods communities can be restored as part of the preservation of this Corridor, but several areas of relic Sandhill also exist within the confines of the recommended Corridor boundaries enhancing its diversity and value as habitat. The essential features within the confines of the Ecological Corridor are the forested wetlands and floodplain associated with Five Mile Creek and the small, imbedded upland habitats within the limits of the Ecological Corridor boundary.

Boundaries: Being 1,100 feet on each side of the centerline of the Five Mile Creek wetlands and associated uplands, extending from the Starkey Wilderness Park easterly boundary to the Conner Preserve and Connerton Conservation Easement westerly boundaries, as indicated on Exhibit 804-3 of this Section.

4.

Cypress Creek to Connerton Ecological Corridor.

Description: The required 550-foot width of this Ecological Corridor is based on its relatively short distance between the Conner Preserve and the Cypress Creek Wellfield. The majority of this Corridor includes wetlands associated with Cypress Swamp that were historically associated with the mosaic of wetlands in the northeast corner of the Connerton Ranch. This Ecological Corridor crosses Ehren Cutoff (S.R. 583) and the planned design of an improved, realigned roadway in the future must incorporate a large mammal crossing to provide corridor continuity and connectivity from the Cypress Creek wellfield to the Conner Preserve. The essential features is establishing and preserving the connectivity between the Conner Preserve and the Cypress Creek Wellfield employing the wetlands and imbedded uplands at the nearest point between the two areas of public lands.

Boundaries: Being 225 feet on each side of the centerline of the Category 1 wetlands, extending from the Conner Preserve easterly boundary to the Cypress Creek Wellfield northwesterly boundary, as indicated on Exhibit 804-4 of this Section.

5.

Starkey to South Pasco Ecological Corridor.

Description: This Ecological Corridor extends south of the SWFWMD lands along South Branch, a tributary of the Anclote River, ultimately to the connection with Brooker Creek in Hillsborough County. Much of this Corridor has been impacted by development. Due to the urban nature of the connection south of the SWFWMD lands, and the relatively short distance of this Corridor, the required width is 1,100 feet with a 550-foot-wide extension to the east for a necessary connection to the South Pasco wellfield. The essential features are the South Branch tributary, its associated floodplain and the wetlands, flatwoods and small upland areas within the confines of the Ecological Corridor.

Boundaries: Being 550 feet on each side of the centerline of the South Branch and associated wetlands, flatwoods and uplands, including portions of the floodplain, extending from the Starkey Wilderness Park southerly boundary to the Pasco-Hillsborough County line northerly boundary and 225 feet on each side of the centerline of the South Branch tributary to the South Pasco Wellfield westerly boundary, as indicated on Exhibit 804-5 of this Section.

6.

Cypress Creek to Cypress Bridge Ecological Corridor.

Description: This relatively short Ecological Corridor is urban in nature but is essential to facilitate dispersal of wildlife through the surrounding altered landscape. This Corridor is vitally important to preserve habitat and connectivity through the urbanized "bottleneck" between the large conservation lands associated with Cabbage Swamp and Cypress Swamp and the conservation lands in Hillsborough County. The preservation and protection of this Corridor is very important because of the impacts associated with S.R. 54/Interstate 75 transportation corridor and associated development along its course. However, preservation of the remaining forested wetlands associated with Cypress Creek and its floodplain will provide a minimal sustainable area of valuable natural habitat. The essential features are the protection of the Cypress Creek channel and its associated floodplain as a designated Outstanding Florida Water; protection of the surface water resource; and preservation of the remaining forested wetlands within the defined Ecological Corridor boundaries.

Boundaries: Being 275 feet on each side of the centerline of Cypress Creek, and increasing to being 550 feet on each side of the center line of Cypress Creek, extending from the Cypress Creek Wellfield southerly boundary to the Pasco-Hillsborough County boundary, as indicated on Exhibit 804-6 of this Section.

7.

Hillsborough River to Green Swamp Ecological Corridor.

Description: Extensive purchases by the SWFWMD have already taken place along the proposed Hillsborough River Ecological Corridor. Although C.R. 39 currently crosses the Hillsborough River, the protection of the river and its floodplain in this portion of the County has been prioritized by the SWFWMD. For the most part, this portion of the river is surrounded by agricultural uses, but continues to support a sufficiently wide forested floodplain throughout the Ecological Corridor. Because of the importance of the Hillsborough River surface water resource and the habitat value of, the remaining forested floodplain, the Ecological Corridor is established at a width of 2,200 feet. The essential features are the forested areas associated with the Hillsborough River floodplain, the 100-year floodplain and continuity with the existing SWFMD lands.

Boundaries: Being 1,100 feet on each side of the centerline of the wetlands and floodplains associated with the Hillsborough River, extending from the Pasco-Hillsborough County line northerly boundary to the Green Swamp westerly boundary, as indicated on Exhibit 804-7 of this Section.

(Ord. No. 19-31, § 4(Att. A), 8-20-19)

All development applications to which this Section expressly applies shall be processed in accordance with this Code, Section 402.2., Zoning Amendment - MPUD Master Planned Unit Development, and the County may waive the MPUD rezoning application fees for such applications.

However, applications to modify the boundaries pursuant to Section 804.7.D. shall not require an MPUD application.

A.

The boundaries of the Ecological Corridor shall be determined based on the GIS data indicating the appropriate Exhibit referenced in Section 804.5. Such boundary shall be used to determine the Ecological Corridor area and determine the transferable density indicated in Section 804.10. However, the applicant may request to deviate from such boundary, pursuant to Section 804.7.D. or the applicant may elect to further refine the boundaries pursuant to Sections 804.7.B. and C.

B.

The boundaries shall be further refined by the County at the time of conveyance of the conservation easement or deed, pursuant to this Code, Section 804.11, through preparation of a legal description using state-approved mapping standards by a registered Florida land surveyor. Until such time that the legal description is prepared, Exhibits 804-1 through 804-7 shall be utilized to determine the Ecological Corridor boundaries for purposes of applying the regulations in this Section.

C.

The following methodology shall be used by the County to determine an Ecological Corridor boundary on the ground: Using the appropriate Pasco County GIS-Natural Resources/Critical Linkage Exhibits 804-1 through 804-7, the coordinates shall be translated into the Florida State Plane Coordinates to identify the boundary of the Ecological Corridor. This boundary shall be indicated by monumentation on the ground. A legal description shall be prepared by a registered Florida surveyor for review and confirmation, which may include a field review, by the County Administrator or designee. The bearings shown in the legal description shall be referenced to grid and on state plane coordinates based on the Pasco County Primary Horizontal Control Network.

D.

In the event an applicant or the County wishes to propose modification of the boundaries established in Section 804.7.A, the applicant or the County shall submit to the County Administrator or designee an application and associated application fee that establishes one of the following:

1.

Any movement or reconfiguration of the location of the Ecological Corridor:

a.

Continues to maintain the purpose of the corridor width in the Habitat Study by providing a contiguous network of wildlife habitat between existing public lands to protect native vegetative communities, protected species, and the natural functions of wildlife habitats as indicated in Section 804.5. The connectivity, protection, and functions will be measured by comparing the score of the existing Ecological Corridor area in the specified parcel, using the Guidelines, with the score of the proposed modified Ecological Corridor area in the specified parcel.

b.

Does not adversely affect any adjacent property owners; and

c.

Continues to connect the publicly owned parcels.

2.

Reduction of the Ecological Corridor because a portion or portions of land within the Ecological Corridor is highly disturbed and along the edge of the Ecological Corridor:

a.

Highly disturbed shall mean land areas that are covered by non-residential development, parking lots, paved streets and sidewalks, lands with existing or a former use as sanitary landfills or construction and demolition (C&D) debris facilities, and lands officially designated as brownfields or known hazardous waste sites which have not been rehabilitated, as identified by the Florida Department of Environmental Protection, through an Environmental Site Assessment (Phase 1 or 2) by a qualified environmental consultant, or as evident by past land use.

b.

Highly disturbed shall not mean lands with existing low density residential development less than one dwelling unit per acre, agricultural lands, and properties where the disturbed portion is less than 50 percent of the total parcel or the disturbed portion can be restored to a state that can offer equivalent functions as provided by natural wildlife habitats, as determined by the County Administrator or designee.

3.

Reduction - based on exclusion of the area in the existing Ecological Corridor because the Environmental Land Selection Committee and the BCC decline to acquire land within the corridor, or land within the corridor receives a score identified below:

a.

For lands nominated to ELAMP: The site selection scoring criteria utilized by the Environmental Lands Selection Committee, with modification as set forth in the Guidelines for Ecological Corridors, (February 2, 2015, as amended) and shall be used as a criteria in determining whether or not a corridor can be reduced based on a total score below 25 and combined Natural Linkages score below 5.

b.

For lands not nominated to ELAMP: The scoring of the subject parcel shall be based on a site specific report satisfying the criteria set forth in the Guidelines for Ecological Corridors. The scientific report shall be prepared by an environmental consultant with the minimum qualifications set forth in the Guidelines and provided for review and approval by the County Administrator or designee.

E.

The County Administrator or designee shall issue a final written determination on the boundary modification application no later than 120 days after the filing of a complete boundary modification application, unless the applicant agrees to extend such deadline. In the event the County, the applicant, or any potentially affected adjacent property owner are unable to agree on the establishment of any of the factors in subsections D.1. through 3., the County, the applicant, or any potentially affected adjacent property owner may file an appeal application (in accordance with this Code, Section 407.1) to the PC. The decision of the PC may be appealed to the BCC pursuant to this Code, Section 407.1.F.2. If a boundary modification is granted pursuant to this subsection the County shall process a proposed amendment of Comprehensive Plan Map 3-4 to reflect the boundary modification. Such amendment(s) shall be processed no later than one year from the date the boundary modification is granted.

F.

Designation of Ecological Corridors:

1.

MPUDs. The area that is delineated as the Ecological Corridor shall be preserved in perpetuity in accordance with Sections 804.11.A.2. and 3., subject to the permitted uses set forth in this Section, and indicated on the MPUD Master Plan as Conservation.

2.

Comprehensive Plan Amendments. The area that is delineated as the Ecological Corridor shall be reclassified as Future Land Use Conservation Lands (CON) on the application.

(Ord. No. 19-31, § 4(Att. A), 8-20-19)

Once the increase in density or intensity that is subject to this Section is approved, the allowable uses within the Ecological Corridor shall be as follows:

A.

Permitted Uses. The following uses shall be permitted within the Ecological Corridor:

1.

Recreational Fishing.

2.

Exotic Species Removal.

3.

Passive recreational uses such as, canoeing, kayaking, hiking, birding and nature study.

4.

Excluded uses pursuant to this Code, Section 804.3.C.

B.

Permitted Uses with Specific County Approval. The following uses may occur within the Ecological Corridor, if consistent with the intent and purpose of these uses as further defined in the Guidelines for Ecological Corridors, only with specific written approval by the BCC or the County Administrator, or designee:

1.

Trapping and/or removal, in compliance with State game laws and management guidelines, of feral hogs and other exotic animal species (e.g., tegu lizards, Tupinambus species) that are declared a nuisance by the Florida Fish and Wildlife Conservation Commission (FFWCC).

2.

Control and/or removal of exotic pest plant species that are declared exotic pest plants by the most recent Florida Exotic Pest Plant Council Invasive Plant List, both Category I and Category II.

3.

Boardwalks, pervious or semi-pervious walking/hiking trails, interpretive nature trails, equestrian uses, observation platforms and fishing docks.

4.

Selected agricultural activities that do not affect the biological integrity and natural functions of the habitats included within the corridor.

5.

Wetland mitigation through wetland creation, preservation, enhancement, and restoration as indicated in an Environmental Management Plan in accordance with Section 804.12. Wetland creation shall not consist of the removal of wetland organic soil and/or natural plant communities.

6.

Selective logging and vegetative removal if it enhances the corridor's natural condition.

7.

Wildlife Crossings.

The criteria for permitted uses in this subsection shall be met in accordance with the Guidelines for Ecological Corridors.

(Ord. No. 19-31, § 4(Att. A), 8-20-19)

In connection with the review and approval of increases in density or intensity to which this Section applies, the following criteria shall be met:

A.

Local Roads. All local roads shall be prohibited within the boundaries of any Ecological Corridor unless the roads are necessary as the only reasonable means of access to a project or site after consideration of the availability of alternative routes to the project and the environmental sensitivity of the Ecological Corridor.

B.

Arterial and Collector Roads and Utilities. Arterial and collector roads and any utilities shall be prohibited within the boundaries of any Ecological Corridor, unless no feasible alternative exists and the location within the Ecological Corridor serves an overriding public purpose. Any collector and arterial roads indicated in the Highway Vision Plan (Map 7-36) of the Comprehensive Plan, or required by the County's collector and arterial spacing standards, including any utilities located within the right of way of such roadways, shall be construed as having an overriding public purpose for which no feasible alternative exists.

C.

Undercrossings. Any local, arterial or collector road permitted in an Ecological Corridor shall provide a wildlife undercrossing meeting the minimum criteria as indicated in the Guidelines for Ecological Corridors, as well as the criteria of all applicable environmental permitting agencies.

D.

Road Interconnection Requirements Waived. Any road interconnection requirements as indicated in this Code, Sections 901.3.M. and 901.6.D.11 are waived to the extent those requirements extend a road into the boundaries of any Ecological Corridor.

A.

Density Transfers to Property Outside of Ecological Corridor.

1.

The density or intensity within the boundaries of an MPUD subject to this Section may be increased as transferable density in accordance with Section 804.10.A.4. only if all such transferable density or intensity is transferred to a receiving area as indicated in Section 804.10.A.2.

2.

The receiving area of an MPUD subject to this Section may be:

a.

Any area within the boundaries of the same MPUD project, so long as such area is not environmentally sensitive or protected lands or any area designated in the Comprehensive Plan as Conservation, Coastal High Hazard Area, wetland; or a Transportation Corridor; or

b.

An offsite receiving parcel, which is any parcel not within the boundaries of the MPUD project. An offsite parcel is not required to be owned by the same applicant, and is not required to be contiguous with any Ecological Corridor lands or the project boundaries of the subject parcel. However, the offsite receiving parcel shall not be any portion of any parcel designated in the Comprehensive Plan as AG, AG-R, RES-1, Rural Character Area, Rural Neighborhood Protection Area, Rural Transition Area, Rural Protection Area, Northeast Pasco Rural Area, Conservation, Coastal High Hazard Area, Transportation Corridor, Critical Linkage, Drainage Basin of Special Concern.

c.

Transferable density or intensity to any offsite receiving parcel other than within the West or South Market Area depicted Comprehensive Plan Map 2-17 or 2-18, respectively, as it may be amended by the Comprehensive Plan or Land Development Code, cannot exceed the density or intensity of one Future Land Use category above the existing future land use category of the receiving parcel. However, regardless of the receiving Market Area, transfers of intensity or transferable density that is converted to a non-residential use pursuant to subsection 804.10(5)(e), shall not be utilized for a use not permitted by the Future Land Use category of the receiving parcel. Transferable density or intensity pursuant this Section shall be considered a Transfer of Development Right (TDR) that is entitled to the exemption from Transportation Analysis in Section 901.12.C.4.

3.

Density or intensity transfers pursuant to this subsection shall be evidenced in accordance with Section 804.7.E, and by recorded deed restriction, in a form acceptable to the County, on the sending and receiving properties, at the time of County final MPUD approval for the sending property. A recorded deed restriction on the receiving parcel shall not be required if a Transferable Density certificate is issued pursuant Section 804.10.A.4. until the certificate is utilized for a receiving parcel.

Utilization of the transferable density or intensity on the receiving property does not require a rezoning of the receiving property. The permitted uses for all transferable density or intensity shall be consistent with the permitted uses in the underlying zoning of the receiving property, and all types of residential uses (multifamily, single-family, etc.) shall be considered the same permitted use (residential). The associated lot requirements (i.e., Area, Lot Width, Coverage, Yard and Height) shall be consistent with the requirements in the zoning classification that as-of-right permits the resulting total allowable density or intensity after the transfer of density or intensity. If the receiving property is a MPUD, the addition of the transferable density or intensity, and the addition of any related lot requirements, shall be processed as a non-substantial modification to the MPUD.

For example:

The receiving property is zoned R-3 Medium-Density Residential, which allows for 4.6 dwelling units per acre.

As a result of the density transfer, the receiving property would be allowed an additional 3.0 dwelling units per acre, or a resulting 7.6 dwelling units per acres.

The next zoning classification that allows for this density is the MF-1 Multiple-Family Medium-Density District, which allows for 12 dwelling units per acre. R-4 High Density Residential only allows for 7.3 dwelling units per acre, less than the resulting allowable density.

The subject property would not be allowed to exceed the allowable 7.6 dwelling units per acre resulting from the density transfer; however, it would be subject to the other area, lot width, coverage, yard, and height regulations in accordance with the MF-1 District.

4.

If an offsite receiving parcel cannot be identified at the time of the final MPUD approval, the applicant/landowner may request that a transferable density certificate be issued by the County Administrator, or designee, for future use on any offsite receiving parcel not prohibited by Section 804.10.A.2. If a transferable density or intensity certificate is issued, the applicant/landowner shall not be entitled to compensation pursuant to Section 804.10.B. or 804.10.C.

5.

Density/Intensity Transfer Calculations. Transfer calculations are determined through a process that applies a bonus density transfer, and a wetland density bonus as applicable, to the estimated EcologicalCorridor Upland Acres for the subject site. The following calculation summaries represent the formulas for: 1) a density transfer, and 2) an intensity transfer. Step-by-step examples of this process are provided in the Guidelines.

a.

Density Transfer.

Ecological Corridor Upland Acres = Ecological Corridor Acres minus Ecological Corridor Wetland Acres.

Ecological Corridor Base Density = Maximum Permitted FLU Density multiplied by Ecological Corridor Upland Acres.

• A 25% density bonus is applied to the Ecological Corridor base density.

Ecological Corridor Bonus Transfer = 0.25 multiplied by Ecological Corridor Base Density.

Ecological Corridor Upland Transfer = Ecological Corridor Base Density plus Ecological Corridor Bonus Transfer.

• If the Ecological Corridor includes wetlands, a wetland bonus can also be applied to the density transfer at a rate of 25 percent of the maximum permitted FLU Density for Category 1 wetlands, and ten percent of the maximum permitted FLU density for Category 2 and 3 wetlands.

Wetland Bonus = (0.25 multiplied by Category 1 Wetland Acres) plus (0.10 multiplied by Category 2 and 3 Wetland Acres).

Total Ecological Corridor Density Transfer = Ecological Corridor Upland Transfer plus Wetland Bonus.

b.

Intensity Transfer. Density refers to dwelling units; intensity to nonresidential square feet. Density may be converted to intensity for transfer. Conversion of density to intensity is based on the number of trips generated using the up-to-date Institute of Transportation Engineers Trip Rates. The following calculation summarizes the residential to nonresidential conversion:

Convert Dwelling Units to Trips.

Total Ecological Corridor Density Transfer Dwelling Units multiplied by PM Peak Hour Trips.

Convert Residential Trips to Nonresidential Trips.

Trips Available for Transfer divided by Estimated Number of Trips per 1,000 SF (based on specific non-residential land use proposed).

Convert Trips to Total Square Feet Available for Transfer.

Nonresidential Trips multiplied by 1,000.

6.

Other Incentives. In the MPUD approval, the BCC may grant other incentives on the portion of the MPUD project outside of any Ecological Corridor, if such incentives are necessary to achieve the transfer on-site. Such incentives include, but are not limited to:

a.

Increased or modified maximum building height requirements;

b.

Reduced or modified minimum setbacks, lot area, lot width, and lot depth requirements;

c.

Increased or modified maximum lot coverage requirements;

d.

Reduced or modified minimum open space requirements;

e.

Reduced or modified neighborhood park requirements;

f.

Reduced or modified landscaping requirements;

g.

Reduced or modified tree replacement requirements; and

h.

Other incentives not prohibited by law.

B.

Compensation In Lieu of Density Transfer.

1.

If any applicant for a submittal subject to the requirements of this Section is unable or unwilling to utilize the transferable density set forth in Section 804.10, such applicant is entitled to request compensation. The amount of compensation shall be determined based on the average of two appraisals of the subject parcel(s) within the Ecological Corridor based on the highest and best use of the land without regard to any restrictions created by this Code, Section 804. The appraisal may include severance damages and costs to cure where applicable. Comparable properties for the appraisals are not limited to land within the Ecological Corridor, but should include other appropriate properties regardless of whether or not they are located within the Ecological Corridor. One appraiser shall be chosen by the applicant, and the other appraiser shall be chosen by the County. The County shall reimburse the applicant for the actual reasonable cost of the applicant's appraisal, if so requested by the applicant, and if the applicant obtains preapproval of the amount from the County Administrator or designee, which shall not be unreasonably withheld. If the two appraised values differ by an amount greater than twenty percent (20%) of the lowest appraisal, then the County, in consultation with the applicant, and the two appraisals nearest in appraised value will be averaged to arrive at the compensation amount. All appraisals shall conform to the Uniform Standards of Professional Appraisal Practice and shall be performed by licensed appraisers in the State of Florida with expertise in the valuation of vacant land. Compensation requires a conservation easement over the Ecological Corridor land or a fee simple conveyance of the Ecological Corridor land as indicated in Section 804.12, and the form of conveyance shall be taken into account in the appraisals. If the form of conveyance is a conservation easement, the appraisal shall take into account 50% of the estimated reasonable cost of implementing the EMP as approved by the County, which shall not be unreasonably withheld.

2.

In the event the County and the applicant are unable to agree on the compensation based on the appraisal process set forth above, the County or the applicant may request an appeal which shall consist of the following: 1) appellant's payment of the applicable appeal fee; and 2) referral of the issue(s) in dispute to a third party appraiser chosen by the County, in consultation with the applicant, who shall make a determination on the required compensation within 30 working days of the date of the referral. If either party disagrees with the determination made by the third-party appraiser, they may appeal the issue(s) in dispute to the PC. The decision of the PC may be appealed to the BCC pursuant to this Code, Section 407.1. Notwithstanding the foregoing, either the County or the applicant may elect to bypass the appeal to the third party appraiser and/or PC, and appeal directly to the BCC pursuant to this Code Section 407.1. At any point in the appeal process, either the applicant or the County may procure, at their own expense, additional appraisal(s) of the subject parcel(s) in accordance with this Code, Section 801.10.B.1, which may be provided to the applicable appeal decision maker as additional evidence of the required compensation, provided that the additional appraisal(s) are provided to the appeal decision maker, the County, and the applicant at least 30 working days prior to the date of the decision or appeal hearing.

3.

If the applicant does not agree with the required compensation as determined by the BCC, then the County shall either (a) remove the subject parcel(s) from the ecological corridor boundaries pursuant to this Code Section 804.7.D, or (b) acquire the subject parcel(s) within the boundaries of the ecological corridor and provide compensation in accordance with Sections 73 and 74, Florida Statutes. If the County elects to acquire the subject parcel(s) and provide compensation in accordance with Sections 73 and 74, Florida Statutes, the amount of the County's initial offer to the landowner shall not be less than the compensation amount determined by the BCC pursuant to this Code, Section 804.10.B.2.

4.

Landowners requesting compensation pursuant to this subsection or pursuant to Sections 73 and 74, Florida Statutes are not entitled to the Other Incentives set forth in subsection 804.10, but are not precluded from seeking alternative relief or an alternative standard from such requirements in accordance with the requirements of this Code, Sections 407.4 or 407.5.

C.

Partial Density Transfer and Partial Compensation in Lieu of Density Transfer.

1.

If any applicant of a submittal subject to the requirements of this Section is unable or unwilling to utilize all of the transferable density set forth in Section 804.10, such applicant is entitled to request compensation for any amount of unutilized transferable density. The amount of compensation shall be determined based on appraisals of the sending and receiving parcels to determine the values before and after the rezoning and density transfer and land use change. Such appraisals shall be performed in accordance with the requirements of this Code, Sections 801.10.B.1. 2, and 3. Density transfer is considered adequate compensation unless the valuations of the sending and receiving parcels show a decrease in the cumulative land values after the rezoning, density transfer and land use change. Compensation requires a conservation easement over the Ecological Corridor land or a fee simple conveyance of the Ecological Corridor land as indicated in Section 804.11, and the form of conveyance shall be taken into account in the appraisals.

2.

Landowners requesting compensation pursuant to this subsection or pursuant to Sections 73 and 74, Florida Statutes are not entitled to the Other Incentives set forth in subsection 804.10, but are not precluded from seeking alternative relief or an alternative standard from such requirements in accordance with the requirements of this Code, Section 407.4 or 407.5.

D.

Prohibition from Seeking Other Development Option. Any landowner subject to this Section that has elected development option A., B., or C. above cannot subsequently (after a density or intensity transfer and/or compensation has been authorized) seek to utilize a different development option for the same property. In addition, development options A., B. and C. are not available for any land that has been excluded from an Ecological Corridor pursuant to subsection 804.7.C.

(Ord. No. 19-31, § 4(Att. A), 8-20-19)

A.

For development subject to Section 804.2, any lands that are within an Ecological Corridor shall:

1.

Be conveyed to the County in fee simple, or

2.

Be subject to a conservation easement for purposes of enforcement of the Environmental Management Plan required by Section 804.13 and the permitted uses in Section 804.8. The conservation easement shall be consistent in purpose and intent as stated within the Guidelines for Ecological Corridors.

3.

The choice of dedicating the Ecological Corridor land to the County by fee simple or by conservation easement is at the option of the landowner; however, the County may reject a fee simple deed and require a conservation easement if the Ecological Corridor land has the following characteristics:

a.

Limited accessibility by County staff due to the Ecological Corridor being landlocked without any public access; or

b.

Intense maintenance and/or restoration needs due to the Ecological Corridor being in a non-native state such as a significant presence of non-native species, clear-cutting or extensive pasture lands; or

c.

Lack of connectivity or proximity to other public lands; or

d.

Use of the Ecological Corridor land by the landowner per Section 804.8.

If the County rejects the fee simple deed based on the criteria above, the County will reimburse the applicant's actual reasonable cost of preparing the EMP in accordance with this Code, Section 804.12, if so requested by the applicant, and if the applicant obtains preapproval of the amount from the County Administrator or designee, which shall not be unreasonably withheld.

Under Section 804.10.A., any deed or conservation easement for any Ecological Corridor shall be submitted to and approved by the County Administrator or designee, prior to the issuance of any mass grading or site development permit.

If: (a) all project entitlements and project approvals expire, or are legally rescinded; and (b) such entitlements and project approvals have never been utilized, and (c) any compensation provided to the applicant/owner has been returned to the County, then the County shall convey the deed back to the original owner or extinguish the conservation easement, as applicable.

Under Section 804.10.B., in the case of Compensation in Lieu of Density Transfer, the conservation easement for any Ecological Corridor shall be negotiated prior to the final determination of compensation.

(Ord. No. 19-31, § 4(Att. A), 8-20-19)

A.

For any Ecological Corridor lands in which the County is granted a conservation easement pursuant to Section 804.12, an Environmental Management Plan (EMP) shall be required. The EMP shall contain the elements outlined in the Guidelines for Ecological Corridors.

B.

The EMP shall be submitted for review by the County Administrator or designee, prior to the issuance of the site development permit. A final approved EMP shall not be required until all infrastructure (roads, stormwater collection and treatment system, water, and sanitary sewer) have been certified as completed and functional to allow for modifications and improvement, but such approval shall be required prior to the first certificate of occupancy being granted, unless otherwise agreed to in writing, by the County Administrator or designee. In the case of Compensation in Lieu of Density Transfer as per Section 804.10.B, the EMP shall be approved prior to the final determination of compensation.

C.

Lands dedicated to and accepted by the County within Ecological Corridors shall not require an EMP from the entity dedicating said land. The County will develop an EMP for said land in accordance with this Section.

D.

The County shall prepare the EMP for any portion of the conservation easement that is publicly accessible.

E.

If the County plans to use a portion of an Ecological Corridor for public use, the County will follow proper noticing procedures and include affected property owners in the design and planning of any proposed passive recreational amenity. All such designs shall attempt to insulate the affected property owners by incorporating standard buffering techniques and other elements intended to diminish public use impacts and maintain landowner privacy. If an applicant or landowner objects to public use of the Ecological Corridor, the applicant or landowner may appeal such decision to the Board of County Commissioners, pursuant to this Code, Section 407.1, and the Board may deny public use.

(Ord. No. 19-31, § 4(Att. A), 8-20-19)

It is the intent and purpose of this section to identify, delineate, and protect wetlands and the natural function of wetlands within the County.

Ord. No. 22-63, § 5(Att. A), 12-6-22)

This section shall apply to all Category I, II, and III wetlands within unincorporated Pasco County.

(Ord. No. 22-63, § 5(Att. A), 12-6-22)

A.

Conceptual. The wetlands designation on the land cover and classification maps published by the Southwest Florida Water Management District (SWFWMD) and the Wetland/Lake Overlay on the FLU Map (Map 2-5: Wetlands [SWFWMD]) shall serve as a conceptual indicator of wetlands. All applications for land use amendments, Developments of Regional Impact, rezoning, preliminary site plans, and preliminary development plans shall include a map/plan that conceptually categorizes, identifies, and calculates the size of all wetlands on site, by category. The applications shall also identify proposed wetland impacts, categorized by wetland type.

If, at the time of the Master Planned Unit Development (MPUD) rezoning an applicant disputes the accuracy of Geographic Information System data, the applicant shall be required to submit a SWFWMD delineation identifying the location and size of the wetlands. Such request is for the purpose of determining density and intensity as well as identifying potential impacts on the Master Plan for an MPUD.

B.

Specific. The precise delineation of wetlands shall be determined through site-specific studies and field determinations by the applicant and the SWFWMD and/or FDEP, as applicable, prior to mass grading, Stormwater Management Plan and Report, fill, construction plan, or Operating Permit application submission. Delineated boundaries shall be submitted at the time of application. The County will defer to the SWFWMD and/or FDEP, as applicable, for the delineation of wetland boundaries. Where impacts to wetlands are proposed, required mitigation shall be identified and approved prior to the authorization of the wetland impact. The delineation of wetlands on any proposed development shall be determined prior to any site development approval or the start of any filling, grading, or construction associated with proposed development.

(Ord. No. 22-63, § 5(Att. A), 12-6-22)

In addition to meeting the requirements of this section for the protection of wetlands, all applications for development orders/permits shall also comply with applicable Federal, State, and SWFWMD and/or FDEP, as applicable, regulations. No permit authorizing construction shall be issued until the County receives copies of the SWFWMD, the Florida Department of Environmental Protection (FDEP), and/or the Army Corps of Engineers (ACOE) Permits, as applicable, authorizing the wetland impacts.

Except as otherwise permitted in this section and by regulatory agencies with jurisdiction, no development activity or grading, clearing, grubbing, or tree removal shall be undertaken within wetlands and required, postdevelopment, upland wetland buffers.

For purposes of this Section, public roadways are defined as County collector and arterial roadways and those subdivision collector roadways that are required to be public pursuant to Section 901.1.H.

A.

Category I Wetlands.

1.

Impacts. Except for public roadways (governed by Section E below), the removal, alteration, encroachment, dredging, filling, borrowing, or changes to the natural hydro period or water quality (hereinafter collectively referred to as "impacts") within Category I wetlands may only be authorized in cases where no other feasible and practicable alternative exists that will permit a reasonable use of the land. This reasonable use determination, which applies to roadways that are not public roadways, and any other linear public or private utilities, shall be made by the County Administrator or designee. Where any impact to a Category I wetland is proposed, the application shall include a narrative statement demonstrating that no other feasible and practical alternative exists and describing the proposed mitigation.

The protection, preservation, and continuing viability of Category I wetlands shall be the prime objective of the basis for review of all proposed impacts within these areas.

2.

Mitigation. In circumstances where impacts to Category I wetlands are authorized, mitigation for the impacts shall be required. A mitigation plan shall be submitted for review by the County. Acceptable forms of mitigation shall be of equal, ecological function and water quality or better. If these criteria are met, the County shall authorize impacts to Category I wetlands as part of the preliminary development plan approval or preliminary site plan approval only and designate the required mitigation.

Mitigation may consist of the preservation, enhancement, and/or restoration of uplands and wetlands located:

a.

Within or immediately adjacent to Critical Linkages;

b.

Immediately adjacent to existing public conservation lands;

c.

Immediately adjacent to rivers and named tributaries;

d.

Within the seasonal high waterline of natural lake systems in which the open water portions of the lakes are greater than ten acres in size; or

e.

Contiguous with coastal marsh systems.

B.

Category II Wetlands.

1.

Impacts. Impacts to Category II wetlands may be authorized as part of a construction plan approval where SWFWMD and/or FDEP, as applicable, rule criteria for impacts to wetlands are met. Where an impact to a Category II wetland is proposed, the application shall include a narrative statement of the proposed impact and the proposed mitigation for the said impact, or shall provide a copy of the issued SWFWMD and/or FDEP, as applicable, Permit.

2.

Mitigation. Where possible, it is preferred that mitigation be within or immediately adjacent to Critical Linkages; parcels immediately adjacent to existing, public conservation lands; or within ecological planning units in areas that are adjacent to conservation lands.

C.

Category III Wetlands. Impacts to Category III wetlands may be allowed. Where an impact to a Category III wetland is proposed, the application shall include a narrative statement of the proposed impact and shall provide a copy of the issued SWFWMD and/or FDEP, as applicable, Permit.

D.

De Minimis Use of Property. Development sites which consist solely of wetlands and where the owner does not have an ownership interest in any adjacent, upland property may develop at a density of one residential unit per 20 acres.

E.

Public Roadways. Public roadways shall be, where feasible and practicable as determined by the County Administrator or designee, located and designed to minimize the acreage of adversely altered jurisdictional wetland areas; minimize direct and indirect impacts on rivers, lakes, and streams; and minimize impacts on listed species. Further, mitigation for impacts shall be as required by the regulatory agencies with jurisdiction. These objectives shall be deemed to be met where the other regulatory agencies with jurisdiction have issued the necessary permits and required mitigation.

(Ord. No. 22-63, § 5(Att. A), 12-6-22; Ord. No. 24-04, § 5(Att. A), 1-9-24)

A.

A minimum of a 25-foot upland buffer is required around postdevelopment Category I wetlands unless the applicant has an unexpired SWFWMD, FDEP, or ACOE Permit and/or a County site development plan issued prior to January 26, 2007. These upland buffers are integral to maintaining wetland structure and function and are necessary to protect the natural wetland ecosystem from significant, adverse impacts.

The upland buffer is not required at the location where an impact to a wetland is permitted, because it is not appropriate to have greater wetland impacts in order to provide upland buffers. However, project design shall recognize the importance of upland buffers to wetland function.

B.

Activities/Items Within Upland Buffers Around Category I Wetlands.

1.

Drainage features such as spreader swales are permitted.

2.

Wetland creation/mitigation areas and floodplain compensation areas are permitted if the presence of such areas enhances the function of the wetland.

3.

Stormwater retention and detention facilities are discouraged. Any retention or detention facilities allowed shall be planted with native plantings that require minimal maintenance (no mowing or fertilizer).

4.

The County may require, or the developer/landowner may elect, the planting and maintenance of suitable native species to promote recovery of impaired or previously damaged wetlands or to offset any impact/removal of vegetation for drainage features allowed.

5.

Elevated boardwalks where specific approval is granted by the County Administrator or designee.

C.

For Category II and III wetlands, upland buffers and allowed/prohibited uses within said upland buffers shall be as required by the SWFWMD, FDEP, or other regulatory agencies with jurisdiction.

(Ord. No. 22-63, § 5(Att. A), 12-6-22)

A.

Except where a relief is granted specifically stating otherwise, postdevelopment wetlands and the required upland buffers shall not be platted within residential lots within residential FLU classifications of RES-3 (Residential - 3 du/ga) and higher. These areas shall be platted as conservation tracts.

B.

Post-development wetlands and the required upland buffers may be platted within residential lots greater than one acre within the FLU classifications of RES-1 (Residential - 1 du/ga), AG/R (Agricultural/Rural), and AG (Agricultural); however, building setbacks will be measured from the upland buffer line and a conservation easement pertaining to the postdevelopment wetland and upland buffer shall be conveyed to the homeowners' association (HOA) or Community Development District (CDD). Limited-family lot divisions and Minor Rural Subdivisions shall be exempt from the conservation easement requirement.

C.

When a nonresidential project is platted, the postdevelopment wetlands and required upland buffer shall be platted as a conservation tract.

D.

All wetland and upland buffer areas platted as conservation tracts shall be concurrently deeded to a mandatory HOA/CDD/merchants' association. The HOA/CDD/merchants' association documents shall provide that the HOA/CDD/merchants' association be responsible for the payment of taxes, if any, on and maintenance of the conservation areas. To the extent not inconsistent with requirements of issued permits/approvals from regulatory agencies with jurisdiction, maintenance shall be specifically defined in said documents and prohibit activity within the wetlands and upland buffers; that the buffers retain the existing undisturbed vegetation and remain in their undisturbed condition except for planting of native vegetation, removing invasive vegetation, controlling and removing litter from the wetlands and upland buffers, and maintenance of features allowed.

E.

When a project is not required to be platted, the post-development Category I wetlands and required upland buffer within the parcel; shall be conveyed by the applicant, as a conservation easement to Pasco County. An Environmental Management Plan (EMP) may be required unless the sole purpose of the conservation easement is to prohibit development. The applicant shall provide the draft conservation easement and EMP (if required) to Pasco County Natural Resources with first application for preliminary site plan or site development plan. The recorded conservation easement shall be provided to Pasco County prior to issuance of the first site development placard.

F.

Nothing contained in this section shall require the platting, deeding, or conveyance of wetlands and wetland buffers within conservation subdivision open space, which is governed by other regulations within this Code.

(Ord. No. 22-63, § 5(Att. A), 12-6-22; Ord. No. 24-04, § 5(Att. A), 1-9-24)

It is the intent and purpose of this section to protect, maintain, and enhance the quality of riverine and surface waters by requiring mandatory setback areas, containing vegetation, from certain rivers and surface waters and to regulate the uses within those areas consistent with the intent and purpose of Policy CON 1.6.1 of the Comprehensive Plan.

This section shall apply to all new development adjacent to the Anclote, Hillsborough, Pithlachascotee, and Withlacoochee Rivers; Outstanding Florida Waters (Rule 62-302.700, Florida Administrative Code); and Shellfish Harvesting Areas as classified by the Florida Department of Agriculture and Consumer Services.

All applications for land use amendments, development of regional impact, zoning amendments, and all site development shall include and identify the presence, as applicable, of the Anclote, Hillsborough, Pithlachascotee, and Withlacoochee Rivers; Outstanding Florida Waters; and Shellfish Harvesting Areas. The precise delineation of the mean annual flood line, wetland jurisdictional line, ordinary high water or mean high water, shall be determined through site specific studies and field determinations by the applicant and the Southwest Florida Water Management District (SWFWMD), the Florida Department of Environmental Protection, and/or the Army Corps of Engineers, as applicable, prior to construction plan approval.

A.

A 50-foot wide area from the mean annual flood line as identified and delineated pursuant to Section 806.3 is required adjacent to the Anclote, Hillsborough, Pithlachascotee, and Withlacoochee Rivers.

B.

A 50-foot wide area from the landwardmost, wetland jurisdictional line or the ordinary high water, or mean high water of Outstanding Florida Waters and Shellfish Harvesting Areas.

A.

Where setback areas are not platted as a separate tract, the setback areas shall not be included in the minimum lot size.

B.

The setback areas shall remain in native vegetation except where provided for below.

C.

Impervious surfaces are prohibited within the setback areas, except where appropriate to accommodate the following:

1.

Bona fide agricultural activities;

2.

Storm management facilities;

3.

Water access facilities, seawalls, and docks; or

4.

Other impervious surfaces as provided for in the Comprehensive Plan.

D.

Other activities and structures not requiring the use of impervious surfaces shall be allowed.

The intent and purpose of this section is to evaluate the suitability of soils for the proposed development and identify any subsurface conditions or geological hazards that may need mitigation or avoidance.

A.

All applications where structures are proposed and construction is authorized shall include a Soils and Geotechnical/Geological Engineering Report containing the information meeting the requirements of this section. Areas proposed for development shall be evaluated for soil suitability and investigated for existing geologic hazards and the presence of poor soil conditions or other factors that may affect the improvements proposed for the site. At the developer's option and where the proposed development of single-family homes are on lots of one acre or more of uplands, the Geotechnical/Geological Engineering Report may be completed for each lot at the time of Building Permit submittal. Where the developer chooses this option, it shall be noted on each deed.

B.

All development or structures in unincorporated Pasco County for which applications are submitted after March 1, 2008, and not otherwise exempt by this section, shall be subject to this section.

A.

Exemptions from the Geotechnical/Geological Engineering Report submittal requirements are:

1.

Structures on lands which do not require preliminary site plan, preliminary development plan, subdivision, or construction plan approval or for which the land is subject to a valid approval issued prior to March 11, 2008. However, this exemption expires with the expiration of the said development approval. Included in this exemption are the alterations of the same to include detached structures such as garages, barns, and swimming pools.

2.

Limited Family Lot Divisions.

3.

Developments for which a completed development application has been submitted prior to March 11, 2008. However, this exemption expires with the expiration of the said development application or the expiration of the subsequent approval of the application.

B.

Exemption from land development compaction requirements: Developments where a hard copy Site Development Permit for a Class I, II or III development approval has been issued prior to March 11, 2008. However, this exemption expires with the expiration of the approval.

The report shall be prepared by a qualified professional geologist in accordance with Chapter 492, Florida Statutes, and a qualified professional engineer in accordance with Chapter 471, Florida Statutes, or a professional engineer with experience in the geotechnical field in accordance with Chapter 471, Florida Statutes. All development permit applications required to submit a geotechnical/geological engineering report must also contain certification of an appropriate design professional that the proposed project complies with the geotechnical/geological engineering report recommendations.

The report shall be project specific and shall identify, within the scope of the investigation and with reasonable probability, subsurface conditions encountered, and recommendations in each of the topic areas. Reports shall be prepared in accordance with the accepted industry standard for evaluation of a site and shall include, at a minimum:

A.

Project description and general site information.

B.

Map or map series of the area(s) proposed for development depicting site specific test location performed as part of the geologic evaluation, including soils composition and locations of features related to known or found geologic hazards.

C.

Evaluation of the site including, but not limited to, the following:

1.

Evaluation of subsurface, soils, and groundwater conditions.

2.

Conclusions as to the presence of known or found geologic hazards.

3.

Subsurface conditions, including boring logs along with a map(s) of location of borings overlaid with the proposed development plan. At a minimum, borings appropriate for the proposed development shall be required under areas where roadways, structures, and retention/detention areas are proposed to be located.

4.

The County soil survey information, which, at a minimum, includes a map of generalized soils, description of the soils likely to be present on the site, or laboratory data substantiating soil characteristics relied upon in the engineering/geological analysis of the site. The Soil Survey of Pasco County - Natural Resources Conservation Service maps may be used for general reference.

5.

Groundwater information, which, at a minimum, includes depth to groundwater, seasonal high water table, and any other pertinent information.

6.

Appendices containing maps, boring logs, and other subsurface data collected during the geological analysis of the site.

D.

Development and construction recommendations based upon the engineering/geotechnical analysis of the site including, but not limited to, the following:

1.

Site preparation, including demucking and deleterious material removal.

2.

Fill placement and subgrade preparation.

3.

Pavement designs consideration.

4.

Foundation construction requirements.

5.

Maximum allowable soil bearing pressure.

6.

Discussion of potential land settlement issues.

7.

Soil and groundwater conditions.

8.

Drainage and groundwater concerns.

9.

Minimum requirements for construction inspection and testing.

10.

Recommendations for mitigation of known or found geological hazardous areas, as necessary, for the development proposed. In the alternative, recommendations for additional or more detailed analysis, as may be necessary, to understand or quantify geological hazard(s), whether remediation measures are recommended, and to evaluate remediation options.

A.

Remediation as required by the Geotechnical/Geological Engineering Report.

B.

Infiltration-based green infrastructure techniques are encouraged to be considered.

C.

Should any noticeable soil slumping or sinkhole formation become evident, the applicant/developer shall immediately notify the County, Tampa Bay Water, and the Southwest Florida Water Management District (SWFWMD) and adopt one or more of the following procedures as determined to be appropriate by the County and SWFWMD:

1.

If the slumping or sinkhole formation becomes evident before or during construction activities, stop all work (except for mitigation activities) in the affected area and remain stopped until the County and SWFWMD approve resuming construction activities.

2.

Take immediate measures to ensure no surface water drains into the affected areas.

3.

Visually inspect the affected area.

4.

Excavate and backfill or grout, as required, to fill the affected area and prevent further subsidence.

5.

Use soil reinforcement materials in the backfilling operation when appropriate.

6.

If the affected area is in the vicinity of a water-retention area, maintain a minimum distance of two feet from the bottom of the retention pond to the surface of the limerock or karst connection.

7.

If the affected area is in the vicinity of a water-retention area and the above methods do not stabilize the collapse, relocate the retention area.

D.

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

E.

The site shall be graded to within 12 inches of the final grade. Where fill is proposed, it shall be placed in compliance with the Geotechnical/Geological Engineering Report recommendations (including any lift depths recommended) and compacted to a minimum density of 95 percent of the modified Proctor maximum dry density. Density tests to confirm compaction shall be required within the building pad area before the next lift is placed. Upon completion of the land development construction, a professional engineer shall provide a certification to the County that the project, including each pad area, complies with the recommendations of the Geotechnical/Geological Engineering Report.

The Building Permit application shall be accompanied by a statement of an appropriate design professional that they have reviewed the Geotechnical/Geological Engineering Report and that either remedial action is required or that remedial action is not required or that the proper foundations have been designed for the structures proposed to be built thereon.

The type and size of all foundations for structures in the area of the project development shall be designed in accordance with the design recommendations of the project geotechnical engineer to minimize the potential for ground settlement impacts.

Prior to conducting the first inspection, evidence shall be provided that compressible/collapsible material has been excavated and removed or recompacted; the site is free from the presence of organic materials, construction debris, and/or clay soils to prevent ground settlement in all areas of project development; or, in the alternative, that proper foundations have been designed for use with the compressible/ collapsible materials.

All Building Permit inspection requirements shall be in accordance with the technical standards adopted in Chapter 18, Building Regulation, Pasco County Code of Ordinances, and per density testing/certification as required by the Building Official.

It is the intent and purpose of this section to protect and maintain the quality of groundwater in the County by providing criteria for land uses and the siting of facilities which use, handle, produce, store, or dispose of regulated substances, and by providing protection to vulnerable features which discharge directly to the Floridan aquifer. This section is intended to protect the quality of water obtained from existing and future community public supply wells, in addition to the Countywide groundwater resources.

The Ground Water Resource Availability Inventory for the County, produced by the Southwest Florida Water Management District (SWFWMD) and the County Groundwater Protection Study, prepared by Metcalf & Eddy, and adopted by the Board of County Commissioners (BCC), both indicate that much of the County is highly susceptible to groundwater contamination. As such, these regulations are vital to the health, safety, and welfare of the County and its residents.

This section is not intended to duplicate existing State or Federal regulatory provisions, but shall apply to those activities not currently regulated by the Federal or State permits, or where such regulations are less restrictive.

This section shall apply to the unincorporated area of the County and to the incorporated areas of the County to the extent permitted by Article VIII, Section 1(f), of the State Constitution.

The following activities are exempt from this section:

A.

Continuous Transport of Regulated Substances. The transportation of any regulated substance through the County provided the transporting motor vehicle is in continuous transit and meets all applicable State and Federal requirements.

B.

Office Uses. Use, handling, or storage of regulated substances by offices, provided that the regulated substances are auxiliary to the operating activities of the business, and the regulated substances are used, handled, and stored pursuant to all applicable State and Federal requirements and product label instructions.

C.

Janitorial Uses. The use of regulated substances for the maintenance and cleaning of residential, commercial, office buildings, and other allowable uses provided the regulated substances are used, handled, and stored pursuant to all State and Federal requirements and product label instructions.

D.

Application of Pesticides, Herbicides, Fungicides, and Rodenticides. The application of regulated substances used as pesticides, herbicides, fungicides, and rodenticides are exempt, provided that the application is conducted pursuant to all applicable State and Federal requirements and product label instructions. The application shall be flagged in the records of the certified operator supervising the use. The certified operator shall provide specific notification in writing to the applicators under his supervision that they are working at a site located in Wellhead Protection Areas (WPA) 1 or 2, or Special Protection Areas (SPA) for which particular care is required. Records shall be kept of the date and amount of those substances applied at each location, and said records shall be available for inspection at reasonable times by the County.

E.

Fire, Police, Emergency Medical Services, and County Emergency Management Facilities. Existing fire, police, emergency medical services, and County emergency management center facilities.

F.

Potable Water Utilities. Community water system utilities shall be exempt from Sections 810.7.A and B to the extent necessary to operate water treatment facilities in WPA 1, WPA 2, or SPA. Utilities shall eliminate the use of liquid fuels for backup generators whenever possible. Provisions shall be made for aboveground and secondary containment when liquid fuels will continue to be used.

G.

Reclaimed Water. Reclaimed water activities as permitted, pursuant to Rule 62-610, Florida Administrative Code (F.A.C.).

H.

Residential Lots of Record Where Sewer is Unavailable. On residential lots of record existing as of December 2, 2002, a residential land use may be developed with a permitted individual septic system and subject to existing zoning within a protection area, although such use would otherwise be prohibited by this section because a sewer is unavailable; however, such use shall be connected to a sewer when it becomes available.

Any use which lawfully existed on December 2, 2002, or for which a County permit, master plan, or conditional plat had been issued by the County, or for which an active application for a County permit was pending on December 2, 2002, and which does not conform with all the provisions of this section, may remain in use or come into use as a nonconforming use, subject to the following:

A.

Expansion or modification of existing nonconforming uses shall be governed by this Code, Section 1200, Nonconformities.

B.

All existing uses utilizing on-site, sewage disposal; e.g., septic tanks, shall be connected to the public sewer within 365 days of the sewer becoming available as defined in the Pasco County Code of Ordinances, Sections 110—113.

C.

All permitted land application sites for wastewater residuals (sludge) or septage in SPAs and WPAs may be used until the expiration of the current permit. Permits for wastewater residual and/or septage land application sites shall not be renewed.

D.

Abandonment of a permit, permit application, master plan, or conditional plat under this section will result in the loss of nonconforming use status.

E.

All such uses shall be operated and maintained pursuant to all applicable County, State, and Federal laws and regulations.

A.

Groundwater Resource. The entire land area within the County is a groundwater resource protection area. Any activity that involves the handling, utilization, generation, or disposal of regulated substances shall be conducted, pursuant to all applicable County, State, and Federal laws and regulations.

B.

Wellhead Protection Areas.

1.

Designation. The County designates WPAs for all community water system supply wells based on the average permitted capacity of the supply well. (See Appendix 808 for methodology.)

a.

Wells Below 100,000 gallons per day (gpd). Community water system supply wells with an average permitted capacity below 100,000 gpd shall have a WPA 1 with a 500-foot radius around the well.

b.

Wells 100,000 gpd or greater. Community water system supply wells with an average permitted capacity of 100,000 gpd or more shall have an established WPA 1 and WPA 2. The WPA 1 shall encompass the land between the well and the five-year travel time contour. The WPA 2 shall be the area between the five- and ten-year travel time contours. All WPAs for supply wells with a capacity of 100,000 gpd or more shall have a 200-foot buffer zone to account for variations in modeling, as recommended by Metcalf & Eddy in its Groundwater Protection Study Final Report.

2.

Owner/Operator Responsibilities.

a.

Operators and/or owners of community water systems shall provide the County with copies of applications to renew water use/water supply permits and final permits issued by the Florida Department of Environmental Protection (FDEP) and/or the SWFWMD. Community water systems shall provide the County with updates to existing water use/water supply permits. Additionally, water use/water supply permit applications for new supply wells shall be provided to the County at the time of the application to FDEP and/or SWFWMD.

b.

Community water systems shall provide, if necessary to delineate or revise protection areas, within 90 days of a request by the County, a calibrated pump test from which the maximum capacity of the supply can be calculated. Community water systems that serve projects 95 percent built out and contain adequate flow measuring devices may substitute peak daily pumpage for maximum capacity.

C.

Special Protection Areas. SPAs shall be designated around vulnerable features when the County determines that the feature has the potential to discharge directly to the Floridan aquifer. These areas include excavations and solution features such as sinkholes and caves. These features shall be deemed vulnerable when they expose the top of the Floridan aquifer. For purposes of this section, SPAs may also be designated to include areas with land use approval for mining, whether actual excavation has taken place or not. Such a designation as an SPA shall remain in place unless and until, any excavation resulting from mining activities is backfilled, or otherwise reclaimed as set forth below, or for areas which have not been excavated, the land use approval for mining is eliminated.

The SPA shall consist of a setback of 500 feet as measured from the outer boundary of the vulnerable feature or area with land use approval for mining. SPAs shall be delineated on the SPA map.

Sinkholes or excavations which have been backfilled to the land surface with materials of permeability similar to or less than that of the surrounding soil or equivalent reclamation will not be considered a vulnerable feature.

D.

Rebuttable Presumption. Challenge of the County's determination of the applicability of WPAs and SPAs will be conducted in accordance with Section 808.6.B below and may be appealed pursuant to this Code. The substantially affected party shall provide site specific data that would allow for more detailed calculations of the zones of contribution on a case-by-case basis.

A.

Adoption of Maps. The WPA maps developed as a part of the Groundwater Protection Study are adopted by the County, and by reference, are made a part of this section. SPA maps shall be adopted by resolution as they become available. Official WPA and SPA maps shall be placed on digital file with the County Development Services Branch.

B.

Determination of Prohibited Uses Within Wellhead and Special Protection Areas. Properties located partially within a WPA or an SPA reflected on the maps shall be governed by the restrictions applicable to that zone.

The determination of locations of prohibited uses within the WPAs and SPAs shall be accomplished in one of the following ways:

1.

Acknowledgement by the landowner or operator/owner of the facility that the use, as regulated by this Code, is located within a WPA or an SPA.

2.

Review and location of property on the WPA or an SPA map by County staff.

3.

Use of differentially corrected global positioning system techniques may be used to determine the distance from the protected feature to the prohibited use.

4.

Survey of the proposed location of a prohibited use by a Licensed Professional Surveyor.

If the location of a WPA or an SPA boundary is disputed by any party, a survey, by a licensed professional, shall serve as the basis of the determination. (The survey shall be paid for by the property owner and prepared by a professional surveyor acceptable to the County.) Such a survey may also be used to determine that portion of a property which is actually located within the WPA or an SPA, thereby allowing development of a land use on property located partially within a WPA or an SPA, while ensuring the groundwater protection intended by this section.

Potentially prohibited uses located within more than one WPA shall be considered to be in the most restrictive WPA. Where the prohibited use is overlapped by WPAs of different wells or wellfields, the most restrictive WPA shall apply.

C.

Review of Protection Area Maps. The WPA and SPA maps may be reviewed by the BCC on a periodic basis. However, failure to conduct said review shall not affect the validity of the existing approved map. WPA and SPA maps may be modified due to changes in technical knowledge, such as transmissivity or porosity; changes in pumping rates; reconfiguration of wellfields; abandonment or relocation of supply wells; the installation of new supply wells or wellfields; establishment of minimum flows or levels pursuant to Chapter 373, Florida Statutes; changes in maximum contaminant levels; changes in laws or regulations that may impact this section; or to accommodate changes in topography, such as sinkholes or newly approved mining areas, in a manner consistent with the methodology and standards established in this section for designation of these areas. In the event that new wellfields are established within the County which result in WPAs being established pursuant to the methodology set forth in this section, or changes that occur with respect to SPAs, the WPA and SPA maps may be amended by a BCC resolution after a duly noticed public hearing to reflect the existence or changes of such WPAs or SPAs. Any substantially affected person may petition the BCC to consider amendments to the WPA and SPA maps. The County shall schedule the requested WPA or SPA map amendment no more than 90 days after receipt of the request by the County.

A.

WPA 1 and SPA. The activities listed below are prohibited in WPA 1 and SPA:

1.

Solid waste disposal.

2.

Discharges from commercial and industrial wastewater treatment plants and industrial septic systems and commercial and industrial wastewater effluent disposal.

3.

Wastewater treatment plants. Expansion of existing domestic wastewater treatment plants may be allowed upon demonstration of compliance with the FDEP regulations. Public access reuse of reclaimed water and land application of domestic wastewater effluent may be allowed upon demonstration of compliance with Rule 62-610, F.A.C.

4.

Any use which is a potential source of pollution requiring the issuance of a permit required for the use and handling of regulated substances from the State (FDEP), other than residential collection systems for central wastewater systems.

5.

Any commercial or industrial activity that handles, utilizes, generates, or disposes of regulated substances including, but not limited to, hazardous waste treatment, storage, or disposal facilities as defined in Section 403.703(22), Florida Statutes, or 40 CFR or Rule 62-730, F.A.C., including transfer facilities, such facilities ancillary to recycling facilities and facilities which burn such hazardous waste for fuel; hazardous waste generators including conditionally exempt small quantity generators and small quantity generators; facilities regulated by the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. §§ 11001—11050; vehicle or equipment service and repair facilities; dry-cleaning or laundromat operations; commercial car wash operations; and maintenance yards and pesticide/fertilizer mixing and handling facilities.

6.

New industrial euclidian zoning amendments.

7.

Concentrated animal feeding operations.

8.

Land application of wastewater residuals or septage.

9.

Discharges of any regulated substance or untreated stormwater into karst solution features, sinkholes, or drainage wells. Stormwater facilities that treat stormwater to Chapters 62-25, F.A.C., and 40D-4, F.A.C., (in effect December 29, 2011), standards shall be presumed to be allowed.

10.

Underground storage tanks for regulated substances; however, this does not prohibit the replacement of tanks associated with an existing nonconforming use where such replacement is required to comply with State or Federal regulations.

11.

Mining and borrow pits; however, retention or detention ponds required for allowable uses shall not be prohibited, unless the ponds would be prohibited by Section 810.7.A.17 or 18 below.

12.

Residential subdivisions, with more than one unit per two acres, that do not provide for a central sanitary sewer facility and wastewater treatment plant outside WPA 2.

13.

Junkyards.

14.

Landfarming of soil contaminated with regulated substances.

15.

Stormwater retention or detention ponds that will receive stormwater from land uses prohibited in WPA 1, WPA 2, or SPA were constructed after November 19, 2002.

16.

The siting of underground product lines including, but not limited to, pipelines designed for the transportation of gasoline, oil, or other regulated substances. This prohibition does not include sewer or reclaimed water lines serving uses allowed within these protection areas.

17.

Excavation of waterways or drainage facilities that intersect the Floridan aquifer.

18.

Excavation that removes or disturbs the confining unit located above the Floridan aquifer.

19.

Land application of animal waste.

20.

Dairy farms or egg production facilities as defined in Rule 62-670.200, F.A.C.

B.

WPA 2. The following activities are prohibited in WPA 2:

1.

Hazardous waste treatment, storage, or disposal facilities as defined in Section 403.703(22), Florida Statutes; 40 CFR, § 260.10; or Rule 62-730, F.A.C., including transfer facilities, such facilities ancillary to recycling facilities, and facilities which burn such hazardous waste for fuel.

2.

Solid waste disposal.

3.

Discharges from commercial and industrial wastewater treatment plants, and industrial septic systems, and commercial and industrial wastewater effluent disposal.

4.

Discharges of any regulated substance or untreated stormwater into karst solution features, sinkholes, or drainage wells. Stormwater facilities that treat stormwater to Chapters 62-25 F.A.C., and 40D-4, F.A.C., (in effect December 29, 2011), standards shall be presumed to be allowed.

5.

Landfarming of soil contaminated with regulated substances.

6.

The siting of underground product lines including, but not limited to, pipelines designed for the transportation of gasoline, oil, or other regulated substances. This prohibition does not include sewer or reclaimed water lines serving uses allowed within this zone.

7.

Underground storage tanks for regulated substances; however, this does not prohibit the replacement of tanks associated with an existing nonconforming use where such replacement is required to comply with State or Federal regulations.

8.

Residential subdivisions, with more than one unit per acre, that do not provide for a central sanitary sewer facility and wastewater treatment plant outside WPA 2.

9.

Wastewater treatment plants. Expansion of existing domestic wastewater treatment plants will be allowed upon demonstration of compliance with FDEP requirements. Public access reuse of reclaimed water and land application of domestic wastewater effluent may be allowed upon demonstration of compliance with Rule 62-610, F.A.C.

10.

Hazardous waste generators including conditionally exempt small quantity generators and small quantity generators.

11.

Excavation of waterways or drainage facilities that intersect the Floridan aquifer.

12.

Excavation that removes or disturbs the confining unit located above the Floridan aquifer.

A.

Any commercial or industrial activity that handles, utilizes, generates, or disposes of regulated substances shall be operated and maintained pursuant to all applicable County, State, and Federal laws and regulations.

B.

For existing and future land development uses or activities located in a WPA or an SPA proposing to discharge to surface or groundwater or to handle regulated substances, the County may require, where necessary for the protection of groundwater, any or all of the following:

1.

Groundwater monitoring wells as in the manner approved by the County, installed at the property owner's expense, prior to the issuance of a Certificate of Occupancy (CO). The County shall have the right to inspect and sample the monitoring wells. Certified analytical results of the quantity present in each monitoring well of any regulated substance used, handled, reduced, or stored on the property shall be filed quarterly with the County.

2.

Containment for regulated substances. Leak-proof trays on the containers, floor curbing, liners, or other containment systems to provide secondary liquid containment shall be installed where necessary, prior to the issuance of a CO. The containment shall be of adequate size to handle all spills, leaks, overflows, and precipitation until appropriate action can be taken. The specific design and selection of materials shall be sufficient to preclude any regulated substance loss to the external environment. The containment system shall be sheltered so that the intrusion of precipitation is effectively prevented. These requirements shall apply to all areas of use, production, and handling, to all storage areas, to loading and off-loading areas, and to aboveground and underground storage areas. The containment devices and liquid collection systems shall be certified by a State-Registered Professional Engineer or Licensed Professional Geologist.

3.

Emergency collection devices. Vacuum suction devices, absorbent scavenger materials, or other devices approved by the County shall be present on-site prior to the issuance of a CO or within two hours of a spill by contract with a cleanup company approved by the County prior to the issuance of a CO. Devices or materials shall be available in sufficient magnitude so as to control and collect the total quantity of regulated substances present. To the degree feasible, emergency containers shall be present in such capacity as to hold the total quantity of regulated substances plus the absorbent material. The presence of such emergency collection devices shall be certified by a State-Registered Professional Engineer or Licensed Professional Geologist and verification shall be provided to the County prior to the issuance of a CO.

4.

Emergency plan. An emergency plan shall be prepared and filed with the County Office of Emergency Management prior to the issuance of a Building Permit. The emergency plan shall contain each element listed on the Office of Emergency Management checklist as amended and shall indicate the procedure to be followed in the event of spillage of regulated substance so as to control all such spill material in such a manner as to prevent it from reaching the stormwater or wastewater system or the ground.

5.

Alterations, expansions, and modifications. Any alteration, expansion, or modification of regulated land use or activity must be approved by the County prior to implementation. Such alteration, expansion, or modification may result from increased square footage or production, storage capacity, increased quantities of regulated substances, or changes in types of regulated substances. The County shall be notified in writing prior to any such alteration, expansion, or modification and shall be provided with a detailed description of the alteration, expansion, or modification. The proper notification shall not prevent a re-evaluation of the amendment for modification, and a revision of the conditions of approval if, in the opinion of the County, the alteration, expansion, or modification substantially or materially modifies, alters, or affects conditions upon which the approval was granted or the ability to continue to satisfy any conditions that have been imposed as part of the approval.

C.

Conditions of Development Approval. In the event the County determines that a particular land use or activity outside the WPA or SPA boundaries poses a significant threat of pollution or contamination to the groundwater, wellfields, or community water system supply wells as a result of the handling, storage, production, or other use of regulated substances, the County may impose, as conditions of development approval, one or more of the requirements set forth in Section 808.8.B.

Any nonresidential facility or activity within the County, other than the continuous transit through the County, that uses, handles, produces, stores, or disposes of regulated substances in quantities greater than 25 gallons (approximately 95 liters), if liquid, or greater than 220 pounds (100 kilograms), if solid, in a calendar month shall be required to register with the County.

A.

Backfill material shall be clean and of similar or lower permeability of the surrounding soil. It shall be a violation of this section to dispose of regulated substances, solid waste, untreated stormwater, or other inappropriate substances in a sinkhole.

B.

Sinkholes that occur in existing detention/retention ponds shall be filled with clean fill material of similar permeability to surrounding soil that will not reduce storage within the ponds and will not allow for short-circuiting of the treatment process.

Prior to siting of new community water system supply well(s), the increase in permitted withdrawal quantities, or the relocation of permitted supply well(s), the utility shall model WPAs for the proposed supply wells using the methodology and data provided by the County. No community water system supply wells or withdrawal quantity increase will be allowed into an area that would incorporate existing prohibited uses in the WPA. However, if the only such prohibited use is a mine or borrow pit, the supply wells may be sited if the utility can demonstrate control of the mining or borrow pit.

Any determination made pursuant to this section may be appealed by a substantially affected person pursuant to this Code, Section 407. Notice of an appeal hearing shall be mailed to the property owner, the owner/operator of the affected supply well(s), and all property owners within the WPA boundary in question.

A.

Any unauthorized discharge of a regulated substance(s), in excess of five gallons if a liquid, or 25 pounds if a solid, shall be reported immediately by the facility owner, operator, or other responsible party to the County. Such notification shall in no way alleviate the owner, operator, or responsible party from other local, State, or Federal reporting obligations required by law. The owner, operator, responsible party, or person providing notification shall inform the County of the substance(s) discharged, the amount, location, duration of discharge, and the potential hazard to groundwater, if known.

B.

A discharge of any quantity of a regulated substance must be remediated such that contamination of soils, surface water, or groundwater is brought into compliance with local, State, and/or Federal standards.

C.

Clean-up activities shall begin concurrent with or immediately following emergency response activities. A full written report including the steps taken to contain and clean up the spill shall be submitted to the County within 45 days of the discovery of the spill.

D.

Any person responsible for a spill or unauthorized discharge shall be subject to the clean-up and reimbursement provisions in this section.

It is the intent and purpose of this section to implement the Goals, Objectives, and Policies of the Comprehensive Plan relating to the identification and protection of historic structures and to encourage adaptive use consistent with the preservation of their historic character. The identification, recognition, protection, enhancement, sensitive use, and promotion of such resources is in the public interest as these resources provide concrete evidence of the cultural, physical development, and the historic heritage of the County and the State to residents and visitors alike.

It is also the intent and purpose of this section to implement the Goals, Objectives, and Policies of the Pasco County Comprehensive Plan relating to the preservation, protection, and restoration of archaeological resources. These resources constitute the physical evidences of past human activity as well as evidences of the effects of that activity on the environment including, but not limited to, monuments; memorials; Indian habitations; ceremonial sites; abandoned settlements; sunken or abandoned watercraft; engineering works; treasure troves; artifacts; or other sites, landforms, properties, objects, or features with intrinsic properties.

Cultural resources is a comprehensive term that refers to both historic structures and sites, and archaeological resources and properties. Cultural resources are those resources listed on the County Register of Historic Resources and/or are listed in the State of Florida Master Site File (FMSF). Maps of known cultural resources are maintained by the Florida Department of State, Division of Historical Resources, FMSF, and by the County's Development Services Branch. Historic structures and sites have been inventoried in the central and eastern portions of the County. Archeological resources are identified in the Tampa Bay Region Coastal Archaeological Survey Project created by the Tampa Bay Regional Planning Council.

(Ord. No. 24-39, § 5 (Att. A), 8-21-24)

The County shall require a Phase I Cultural Resource Assessment Survey in the following circumstances:

A.

Surveys shall be submitted to the County as a part of an MPUD Master Planned Unit Development zoning amendment application.

B.

A survey has been done for the subject property but failed to include a known cultural resource.

C.

Upon recommendation of the Department of State, Division of Historical Resources, or a qualified professional retained by the County.

D.

Where a survey on an adjacent property determined the existence of a cultural resource located within 100 feet of the subject property, regardless of whether a prior survey was submitted for the subject property. However, such subsequent survey may be limited to an area less than the entire property as determined by a qualified professional.

Surveys and analysis shall be conducted in accordance with standards and methodology for cultural resource assessment pursuant to the current edition of the Cultural Resource Management Standards and Practices Manual published by the Division of Historical Resources and conform to Rule 1A-46 or Rule 9J-2.043, Florida Administrative Code, as applicable. Standards specific to surveys of cemeteries are contained within that subsection.

Where cultural resources are mapped and/or listed within the FMSF, an analysis of the impact to such resource shall be submitted to the County. This survey shall be consistent with the current state Cultural Resource Assessment Survey (CRAS) Phase I criteria effective as of August 15, 2016, and subsequent updates. A CRAS created prior to August 15, 2016, shall be reviewed by a consultant, and recertified if it meets said standards. All recommendations made by the consultant shall be implemented by the applicant.

(Ord. No. 24-39, § 5 (Att. A), 8-21-24)

A.

Where a historical resource is identified on the property or a cultural resources survey and analysis of a property is determined to be required, no development shall occur on the property without the appropriate survey and analysis.

B.

When archeological resources are identified in the Tampa Bay Region Coastal Archaeological Survey Project as being located on the subject property, no development activity involving ground disturbance shall occur on the a property without the appropriate survey and analysis.

Preservation, restoration, or rehabilitation of historic structures and sites shall be encouraged and incentives provided where possible. Preservation may be accomplished by, but not limited to, the following methods:

A.

Designing the proposed development surrounding the historic structure or site in a manner to minimize any adverse impacts of new construction on the resource.

B.

Retaining natural features and vegetation which contribute to the preservation or provide a buffer between the resources and new development.

C.

Protective techniques such as greater setbacks or appropriate fencing.

D.

Seeking designation for qualified historic structures on the County Register of Historic Resources, which registration may be accomplished simultaneously with development approval.

E.

Rather than the demolition of a historic structure, or a structure that is integrally related to a historic structure, an opportunity for the acquisition of fee or less-than-fee interest in the property by a governmental unit, an organization, or by any other entity committed to the preservation, restoration, or rehabilitation of the structure(s).

F.

Adaptive use of the historic structures consistent with preservation of their historic character.

G.

Using variances and/or alternative standards to building codes and regulations may be made to facilitate the rehabilitation and maintenance of historic structures.

Avoidance, minimization, and mitigation (in that order of preference) of adverse impacts on significant archaeological resources shall be required as appropriate to the scale and significance of the resource as determined pursuant to the required survey and analysis. Development orders for parcels containing known or newly discovered areas of archaeological significance shall be conditioned, where appropriate, based on a recommendation from a qualified professional, to accomplish the following:

A.

Ensure professional archaeological investigation prior to construction and, where appropriate, avoidance, minimization, and mitigation of impacts.

B.

Preserve and provide perimeter buffering or appropriate fencing around significant archaeological sites in order to maintain the security and integrity of the source.

C.

Alteration to the proposed or originally approved development plan if necessary.

D.

Adaptive use of archaeological landforms or properties consistent with preservation of their archaeological character.

E.

Rather than the demolition of an archeological site, an opportunity for the acquisition of fee or less-than-fee interest in the property by a governmental unit, an organization, or by any other entity committed to the preservation of the site.

F.

Where archaeological sites are to be preserved, incentives to encourage retention of these areas may be provided, such as incorporation of the sites into open space or green space requirements.

A.

Applicability. These provisions shall not apply to active cemeteries and/or cemeteries subject to Chapter 497, Florida Statutes.

B.

Specific Requirements. All proposed development projects, including residential, nonresidential, and mixed use, containing or immediately adjacent to a historic human cemetery shall comply with the following requirements:

1.

All of the cemetery, including significant trees or vegetation that are identified by an archeologists as features of the cemetery, shall be protected and preserved. However, invasive species shall be removed carefully so as not to disturb any plots or the historical integrity of the cemetery.

2.

Cemeteries shall be identified on the preliminary site plan, preliminary development plan (residential or nonresidential/mixed use), construction plan, or a rezoning application. Cemeteries shall not be located within lots and must be platted as tracts. Cemeteries shall be maintained by the homeowners' association/Community Development District/merchants' association or other entity other than the County.

3.

The cemetery shall be incorporated into the project design and may be included in the development's common area or open space. However, other common area amenities shall not impact the cemetery or detract from its historical value to the community. Common area amenities shall not be placed within the boundaries of the cemetery. Access to the cemetery, including ingress/egress easements as necessary, shall be provided pursuant to Section 794.8, Florida Statutes.

4.

The boundaries of the cemetery and significant vegetation shall be delineated by a qualified archeologist, except where the boundaries are clear and unambiguous. Where ambiguous, the cemetery boundary shall be identified by a qualified archaeologist. The new boundary shall be marked and any buffer recommendations shall be shown on all submittals. The boundary identified shall be protected during construction by four-foot-high orange fencing installed prior to the commencement of a land disturbance activity.

5.

Cemeteries are not required to be buffered or fenced. If buffered, the buffering shall incorporate any identified significant trees and vegetation. Fencing shall not prohibit pedestrian access to the cemetery. If fenced, the fencing shall be on the exterior of the cemetery, including any unmarked graves. If not fenced or buffered, an open yard set back on one or more sides of the cemetery may be required if unmarked graves are discovered so as to encompass the grave(s) plot. Such open yard need not exceed the width necessary to protect the integrity of the existing unmarked grave site.

6.

The cemetery shall be added to the County Register of Historic Resources by County staff during the development review process of the proposed project.

7.

The developer or successor and assigned shall be responsible for the perpetual maintenance and care of the cemetery located in the project. Cemetery maintenance and care shall conform to industry standards for cemetery care while considering the historic value of the cemetery. Florida's Historic Cemeteries: A Preservation Handbook, available through the State Division of Historical Resources, is a useful resource for such maintenance and care.

(Ord. No. 24-39, § 5 (Att. A), 8-21-24)

A.

Unmarked human remains do not include marked or previously marked cemeteries. Where unmarked human remains are discovered, the Pasco County Sheriff's Office must be notified immediately and the procedures of Section 872.05, Florida Statutes, complied with.

B.

When unmarked human remains are discovered during excavation, construction, development, or any other circumstances, such discovery must be reported to the State Archaeologist (850) 245-6444 and to the County Medical Examiner, District 6 (see www.fdle.state.fl.us/cjst/mec/DMElist.pdf). Any activities on the site that may disturb the remains shall not be resumed until authorized in writing by such offices. This requirement is enforced under Sections 872.02 and 872.05, Florida Statutes (see also www.flheritage.com/archaeology/FS872/procedure.cfm).

C.

If the unmarked human remains are determined by a qualified professional to actually be an unmarked historic cemetery, such historic cemetery shall be protected pursuant to this section.

The County Register of Historic Resources is the official register of historic structures, objects, sites, including cemeteries, districts and archaeological sites, both private and public, meeting the designation criteria and deemed resources pursuant to this section. The County Register of Historic Resources also consists of those structures, buildings, objects, districts, and sites featured in the book, The Historic Places of Pasco County (James J. Horgan et al., 1992). The County Register of Historic Resources is maintained by the Development Services Branch and official interpretations of the County Register of Historic Resources shall be made by the County Administrator or designee.

A.

Designation of Historic Resources. Resources meeting the following criteria are significant as defined in Federal law and shall be designated as historic resources and placed on the County Register of Historic Resources by the Board of County Commissioners (BCC).

Districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and/or association; and

1.

Are associated with events that have made a significant contribution to the broad patterns of our history; or

2.

Are associated with the lives of persons significant in our past; or

3.

Embody the distinctive characteristics of a type, period, or method of construction; or that represent the work of a master; or that possess high artistic values; or that represent a significant and distinguishable entity whose components may lack individual distinction; or

4.

Have yielded, or may be likely to yield, information important in prehistory or history.

B.

Application and Procedure for Designation.

1.

Property owner(s) or the County Administrator or designee, at the request of the BCC and with the approval of the owner(s), may initiate designation of resources meeting the criteria outlined above.

2.

The application shall contain the following information:

a.

A description of the district, site, building, structure, or object, accompanied by photographs.

b.

A statement of evidencing and supporting compliance with the designation criteria of this section.

c.

A description of the existing physical condition of the district, site, building, structure, or object and a statement of rehabilitative or adaptive use proposals, if applicable.

d.

A location map depicting zoning and land use.

3.

The application, supporting information, and whether the resource meets the criteria of this section shall be considered by the BCC, who shall make the determination as to whether the resource shall be listed on the County Register of Historic Resources. This determination may be made in conjunction with other development approvals.

C.

Effect of Being Listed on the County Register of Historic Resources.

1.

As funding becomes available, the resource may have an official marker or plaque located on or near the property or district. Verbiage proposed for an official marker shall be approved by the County Administrator or designee after consultation with a qualified, local historian or historical preservation society.

2.

No development, remodeling, or demolition permits pertaining to or affecting the resource shall be granted prior to the issuance of a Certificate of Appropriateness by the County Administrator or designee.

3.

All properties placed on the County Register of Historic Resources shall be eligible for any applicable financial assistance and/or incentives for preservation projects by the County, the State, or the Federal government, provided any additional requirements of those financial assistance programs are met.

4.

The demolition of a registered resource shall be prohibited without first obtaining a Certificate of Appropriateness.

5.

Removal of a resource from the County Register of Historic Resources shall require a petition to the BCC.

D.

Certificates of Appropriateness.

1.

No development, remodeling, or demolition of a resource listed on the County Register of Historic Resources shall occur until a Certificate of Appropriateness has been issued by the County Administrator or designee. Resources listed on the Florida Master Site File or the National Register of Historic Places may be subject to other and/or additional requirements.

2.

The following actives performed on a listed resource are exempt from obtaining a Certificate of Appropriateness:

a.

Work on or in a resource for which a permit is not normally required does not require a Certificate of Appropriateness.

b.

Work requiring a Building Permit and which is classified as ordinary maintenance and repair (work done to prevent deterioration, decay, or damage, or to repair damage to a resource or any part thereof by restoring it, as nearly as practicable, to its condition prior to such deterioration, decay, or damage) does not require a Certificate of Appropriateness.

3.

Nothing in this section should be construed to prevent an owner from reasonably and effectively controlling and preventing nuisances or threats to the public health, safety, and welfare. Conditions on or in a resource that present serious threats to the public health, safety, or welfare may be corrected immediately without a Certificate of Appropriateness.

4.

Certificate of Appropriateness Application Procedures.

a.

Applications containing the following information shall be filed with the County Administrator or designee:

(1)

Name of the resource as it appears on the County Register of Historic Resources.

(2)

An explanation of the project and its affect on the resource.

(3)

Whether the owner seeks to remove the resource from the County Register of Historic Resources.

b.

Certificates of Appropriateness shall be issued by the County Administrator or designee within 60 days of submittal of a complete application and after the consideration of the following:

(1)

The importance of the resource to the neighborhood.

(2)

Whether the designated historic resource is the last remaining example of its kind in the district, neighborhood, County, or the region.

(3)

Whether reasonable measures can be taken to save the resource.

Any work conducted contrary to the provisions of this section is a violation of this Code and subject to the provisions of Section 108 including, but not limited to, immediate cessation of activities as ordered by the County Administrator or designee.