The city contains wetlands which are significant and productive in the maintenance and preservation of viable populations of plant and animal species. The preservation and protection of property rights of the people of the city require that mechanisms be established which will concurrently provide for the orderly regulation and preservation of environmentally significant and productive wetlands so as to preserve and restore the productivity of the lands. The environmental productivity of wetlands is sensitive to all agricultural residential, commercial, industrial or public uses in or near the lands. The environmentally sensitive wetlands may be evaluated by examination of soils, vegetation, hydrology and the presence of plant and animal species whose fluctuation is indicative of the relative environmental productivity of the lands. Where wetlands serve a significant and productive environmental function, the public health, safety and welfare require that any alteration or development affecting the lands should be so designed and regulated so as to minimize or eliminate any impact upon the beneficial environmental productivity of the lands, consistent with the development rights of property owners. Many of the environmentally productive functions of wetlands in their natural state can be replaced or duplicated and natural inefficiencies or limitations in these functions can be reduced by providing for mitigation of harm to the functions in the design and development of land improvements. Under certain conditions, the public health, safety and welfare may be enhanced by the elimination of isolated, nonviable wetlands and their replacement by interconnected wetlands comprising a viable and productive ecosystem.

Protection of wetlands described and/or mapped in the conservation element of the city's Comprehensive Plan promotes the well being of people and the following beneficial functions:

(A)

Provide natural storage and conveyance of flood waters and minimize erosion and sedimentation by reducing flood flows and the velocity of flood waters.

(B)

Assimilate, filter and help decompose sediments, nutrients and other natural and human-made pollutants that would otherwise degrade surface and ground waters.

(C)

Support recreational fishing by providing habitat, essential nutrients and hatcheries for aquatic life.

(D)

Provide essential breeding and protective habitats for waterfowl, other birds, mammals, reptiles, amphibians and fish.

(E)

Provide recharge areas for ground and surface water.

(A)

Loss of habitat is the primary threat to wildlife species found in the city. Probably the most common cause of wildlife population reduction is alteration of the natural landscape to which species are adapted, destroying those conditions which make a given site suitable habitat. It is, therefor, the purpose of this chapter to provide those standards necessary to protect the habitats of species of special concern within the city.

(B)

Critical habitat is land or water areas that are necessary to the normal needs or survival of species of special concern or federal- and/or state-listed threatened or endangered species.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(A)

Adverse affect or impact. To destroy or damage or to contribute to the destruction or damage of any element of the environment including land, water or air quality.

(B)

Conservation area. Those areas which have the requisites of this article and which are functional pursuant to this article. CONSERVATION AREAS may be classified Class I, II or III as follows:

(1)

Class I. Those wetland areas which meet any of the following criteria:

(a)

A hydrological connection to natural surface water bodies;

(b)

Lake littoral zone;

(c)

Uninterrupted wetlands 40 acres or larger; or

(d)

Provide critical habitat for species of special concern or federal and/or state listed threatened or endangered species.

(2)

Class II. Those wetland areas which meet any of the following criteria:

(a)

Consist of isolated wetlands or formerly isolated wetlands which by way of human activities have been directly connected to other surface water drainage and are greater than or equal to five acres; or

(b)

Do not otherwise qualify as a Class I Conservation Area.

(3)

Class III. Those wetland areas which meet all of the following:

(a)

Isolated wetlands less than 5.0 acres; and

(b)

Do not otherwise qualify as a Class I or Class II Conservation Area.

(C)

Critical habitat. Land or water areas that are necessary to the normal needs or survival of species of special concern or federal- and/or state-listed threatened or endangered species.

(D)

Environmentally sensitive lands. Conservation areas pursuant to this code and the conservation element of the city's Comprehensive Plan. ENVIRONMENTALLY SENSITIVE LANDS include wetlands and critical habitats for species of special concern or endangered, threatened or rare species.

(E)

Guild. A group of species that utilize a common resource in the environment.

(F)

Habitat unit. The product of the evaluation species habitat suitability index and the total area of available habitat. One HABITAT UNIT generally represents one acre of optimum for the particular evaluation species.

(G)

Habitat suitability index. A ratio where the value of interest (i.e., model output) represents the habitat condition and the standard of comparison represents the optimum habitat conditions. The scale of the HSI is from zero to one where zero equals no suitability and one equals optimum suitability.

(H)

Hydrologic connection. Connection to a natural surface waterbody such as lakes, ponds, rivers and creeks where a flow of surface water occurs on an average of 30 or more consecutive days per year under normal hydrological conditions. Artificial or human-made ditches or canals constructed through uplands that connect previously isolated wetland to natural surface water bodies shall not be considered as a hydrological connection. Artificial or human-made ditches or canals constructed in historical natural drainageways shall be considered as a HYDROLOGICAL CONNECTION.

(I)

Impervious surface. A surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

(J)

Maintenance. Regular upkeep of mitigated wetlands or other areas performed in order to assure that goals of an approved mitigation/compensation plan will be met. This may include a guaranteed survival rate of planted species and/or recruited desirous wetland species, the removal of undesirable invasion species and a monitoring program.

(K)

Mitigation. Remedying wetland impacts by repairing, rehabilitating or restoring affected habitat, creating similar habitat of equal or greater function, habitat or unique upland habitat, any combination thereof or other offsetting process.

(L)

Species of special concern. American alligator, burrowing owl and gopher tortoise and other species designated as such, from time to time by the city.

(M)

Trophic level. An ecological term that describes the relative position of a species in the food chain, (e.g., herbivore, carnivore or decomposer).

(N)

Viability. Capable of biological growth and reproduction and performance of wetland functions. A wetland has VIABILITY provided it has not been drained, dredged, filled or dominated by exotic plants.

(O)

Wetlands. Land that is inundated or saturated by surface water or ground water in years of normal water conditions at a frequency and duration sufficient to support and that under normal circumstances do support a dominance of vegetation typically adapted for life in saturated soil conditions.

(A)

No person shall conduct any activities within or immediately adjacent to any wetland or critical habitat that would materially affect in an adverse way any wetland or critical habitat which has been determined to be a conservation area without first obtaining a permit as provided in this section if those activities adversely alter the function or productivity of or take place within a conservation area. The determination shall be issued by the Site Plan Review Committee. Continuation of and maintenance of all activities legally conducted and/or permitted prior to the effective date of this code shall be exempt from this section.

(B)

No permit shall be issued unless the applicant provides the Site Plan Review Committee with reasonable assurance that:

(1)

Water quality standards will not be impaired or violated by, or as a result of, the proposed activity; and

(2)

The proposed activity is not contrary to the public interest.

(C)

In determining whether a proposed activity is contrary to the public interest, the Site Plan Review Committee shall consider and balance the following factors:

(1)

Whether the proposed activity will adversely affect the quality of surface water and/or groundwater or cause harm, thereto;

(2)

Whether the proposed activity will adversely affect wetlands or critical habitats;

(3)

Whether the proposed activity will adversely affect the surface and subsurface flow of water into and from a wetland area;

(4)

Whether the proposed activity will adversely affect the conservation of plants, wildlife, and/or fish, including endangered species, threatened species or species of special concern or their habitats;

(5)

Whether the proposed activity is of a temporary or permanent nature;

(6)

Whether the proposed activity will adversely affect or enhance significant historical and archeological resources under the provisions of F.S. § 267.061; and

(7)

Whether the proposed activity will adversely affect the public health, safety and welfare or property of others.

(A)

Regulated lands shall consist of those lands determined to be potential conservation areas as defined by the following.

(1)

Potential conservation areas are wetlands, critical habitats and environmentally sensitive lands. Wetlands are areas which are identified by being inundated or saturated by surface or ground water with a frequency and duration sufficient to support and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.

(2)

The boundary of the potential conservation area shall be proposed by the applicant and review by the Site Plan Review Committee, through compilation of relevant available evidence, specific to a particular water body or wetlands or upland habitat and including the following indicators: botanical, physical, geomorphological, water level records and controlled lake elevation. Typically, the delineation of jurisdictional areas is established in the field after a standardized, multi-parameter assessment, following which preliminary regulatory agency approval is acquired and the upland-wetland and/or habitat boundary is located and mapped by professional survey methods. In lieu of a field survey, a wetlands boundary line approved by the Florida Department of Environmental Regulation (DER), Department of Natural Resources (DNR), Southwest Florida Water Management District (SWFWMD) and/or U.S. Army Corps of Engineers (USACOE) (as appropriate) may be accepted. The applicant may determine the boundary(ies) through competent compilation and interpretation of relevant, available evidence specific to a particular water body, wetland or critical habitat. As proposed to the Site Plan Review Committee for approval, the boundary(ies) shall be established based on evidence of vegetation, soils, hydrology or some combination of these or as supported by other indicators. Any wetlands boundary delineation intended for use for permitting purposes must have prior approval from applicable wetland regulatory agencies. Southwest Florida Water Management District (SWFWMD) review is required to delineate all potential wetland area boundaries on the proposed development site.

(B)

Except as otherwise provided herein, no development activity shall be undertaken in a conservation area. In addition to meeting the requirements of this article, development plans shall comply with all applicable federal, state and water management district regulations relating to wetlands, wildlife and environmentally sensitive lands. The conservation element of the city's Comprehensive Plan, as from time to time amended, is hereby incorporated by reference into this section.

Wetlands are areas which:

(A)

Serve natural biological functions, including food chain production, general habitat and nesting, spawning, rearing and resting sites for aquatic or wetland dependent species, including those designated as endangered, threatened or of special concern pursuant to the city's Comprehensive Plan, F.S. § 581.185 and Rules Art. IV, Sec. 9, Fla. Const., 68A-27.00, 68A-27.004 and 68A-27.005, Florida Administrative Code, as amended;

(B)

Are lawfully set aside as local, state or federally designated sanctuaries or refuges;

(C)

The destruction or alteration of which would materially affect in a detrimental way natural drainage characteristics, sedimentation patterns, flushing characteristics or other related and significant environmental characteristics;

(D)

Constitute natural recharge areas where surface water and the Floridan Aquifer are hydrologically interconnected;

(E)

Provide an environment for significant natural waste purification.

Certain activities are presumed to have an insignificant adverse effect on the beneficial functions of a protected wetlands area. The following uses and activities are presumed to have an insignificant adverse effect and shall not be prohibited unless competent and substantial evidence to the contrary is provided during development review. (Some of these activities may require written notice of exemption from other regulatory agencies; acquisition of the notice is the responsibility of the applicant.)

(A)

Scenic, historic, wildlife or scientific preserves.

(B)

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

(C)

Cleared walking trails having no structural components.

(D)

Timber catwalks and docks four feet or less in width.

(E)

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

(F)

Cultivating agricultural or horizontal products that occur naturally on the site.

(G)

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

(H)

Developing an area that no longer functions as a wetland, except a former wetland that has been filled or altered in violation of any rule, regulation, statute or this code. The development must demonstrate that the water regime has been permanently altered, either artificially or naturally, in a manner to preclude the area from maintaining surface water of hydreperiodicity necessary to sustain wetland structure and functions. If the water regime of a wetland has been artificially altered, but wetland species remain the dominant vegetation of the area, the Site Plan Review Committee shall determine the feasibility of restoring the altered hydrology. If the wetland may be restored at a cost that is reasonable in relation to benefits to be derived from the restored wetland, the developer shall, as a condition of development, restore the wetland and comply with the requirements of this section.

(I)

Developing a "Wetlands Storm Water Discharge Facility" or "Treatment Wetland" in accordance with state permits received under Chapters 17-25 and 17-6, Florida Administrative Code.

(J)

Any owner of lands that are comprised on non-wetland areas or who believes that his or her lands are exempt under this article may submit the lands for determination of exemption.

(K)

The following structures and activities may be permitted, provided that a development proposal is submitted showing full compliance with all applicable sections of this code, receipt of applicable SWFWMD, ACOE, DER or DNR permits and showing that the activity is designed and shall be constructed, maintained and undertaken in a way that minimizes the adverse impacts on beneficial wetland functions. In no case, however, shall dredge and fill activity exceed ten percent of the lawfully established wetlands area on the site.

(1)

Installation of subaqueous transmission and distribution lines for water, wastewater, electricity, communication cables, oil or gas. Lines may be entrenched in (not exceeding 10,000 cubic yard of dredging), laid on or embedded in bottom waters.

(2)

Construction of foot bridges and vehicular bridges.

(3)

Replacement or widening of bridges on pilings or trestles where the effects of pollutants discharge into open waters are not significant.

(L)

Any owner of lands may apply for and may be granted an exemption if the applicant can show that the overriding public interest and public benefits of the proposed activity substantially outweigh the adverse environmental affects on the conservation area.

(A)

Any owner of lands who believes that the lands or the proposed activity are exempt may file an application for a binding letter of exemption.

(B)

The application information shall include at a minimum:

(1)

Current aerial photographs;

(2)

A topography per U.S. Geological Survey seven and one-half-foot quadrangle maps;

(3)

One hundred-year flood-prone areas per the maps published by the Federal Emergency Management Agency;

(4)

Soil types and boundaries per the Soil Conservation Service; and

(5)

Information derived from the most current city conservation maps as amended.

(A)

The determination of the presence or absence of conservation areas, their classification as Class I, II or III, the extent and location of the conservation area, the appropriate level of protection or mitigation, will be made by Site Plan Review Committee review.

(B)

The applicant shall request a determination by filing an application with the Site Plan Review Committee. The Committee shall issue a determination in writing as to the existence of Class I, II or III Conservation Area. If the applicant agrees in writing within 15 working days with the Committee determination, then that determination is binding.

(C)

The applicant shall have the right to appeal the decision of the Site Plan Review Committee to the City Council. A notice of appeal to the City Council shall be filed with the Site Plan Review Committee within 15 days after the decision is rendered. The Site Plan Review Committee shall then request a public hearing before the City Council. Notice of the hearing shall be sent to the applicant by regular U.S. mail at least ten days before the date of the public hearing. Following the hearing on the appeal, the City Council may reverse, affirm or modify the decision of the Site Plan Review Committee. The decision of the City Council shall be final.

(A)

Every application for activity subject to this article shall be reviewed to determine the functional significance, scarcity, replaceability, vulnerability and productivity of the habitat on the lands to be considered in both the pre- and post-developed condition.

(B)

The functional significance of lands identified as potential conservation areas shall be determined by the degree of natural biological functions including, but not limited to, food chain production, general habitat and nesting, spawning, rearing, feeding and resting sites for aquatic or wetland dependent species, including those designated as endangered, threatened or of special concern, pursuant to F.S. § 581.185 and Rules Art. IV, Sec. 9, Fla. Const., 68A-27.00, 68A-27.004 and 68A-27.005, Florida Administrative Code, as amended.

(C)

The scarcity of habitat shall be determined as follows:

(1)

Cypress wetlands and freshwater marshes - common;

(2)

Bayheads and mixed hardwood swamps - uncommon; and

(3)

Wet prairie and hydric hammocks - scarce.

(D)

The vulnerability of habitat shall be determined by reviewing the likelihood of significant negative change in the habitat or its functional value because of a change in the use of nearby unregulated lands which will significantly reduce natural system values and characteristics on the regulated lands.

(E)

The replaceability of habitat shall be determined by reviewing the probability that similar or improved habitat values, vegetation dominants or inundation regimes can be established to mitigate or compensate for values or functions occurring in an area (on or off the project site) proposed for alteration or development.

Lands which satisfy any of the following criteria may be eligible for a lower classification:

(A)

Are not functionally significant; and

(B)

Are determined not to be vulnerable and will be replaced.

(A)

The significance and productivity of habitat in conservation areas shall be measured in habitat units, using an approved set of evaluation species or guides and the habitat evaluation procedure or in-stream flow incremental methodology of the U.S. Fish and Wildlife Service or other methodology acceptable to the city.

(B)

Where the land type and habitat community is widely found within the city, a standard group of evaluation species will be listed by the Site Plan Review Committee and may be accepted by the applicant.

(C)

Where the land type and habitat community is scarce or the proposed activity affects a large proportion of the types of wildlife cover present on the land, the applicant shall select with the approval of the Site Plan Review committee, a sufficient number of species representing different trophic levels and components of the fish and wildlife community, so as to obtain a reasonable measure of the impact of the activity on wildlife in the habitat.

(D)

The measurement of habitat units before the regulated activity and the estimate of habitat units after the activity, shall be based on the assumption that adjoining lands not regulated by this code have been or will be developed to the extent permitted by law applicable to the adjoining lands. If the application clearly demonstrates that development of the unregulated lands would render the habitat on the conservation areas no longer viable or significant or productive, the regulated land shall be deemed to have a lower classification.

(A)

The Site Plan Review Committee shall review every application to determine the number of habitat units existing before the activity and the number estimated after the proposed activity. Each application shall demonstrate the preservation, creation or restoration of an equal number of habitat units after the proposed activity.

(B)

In reviewing each application, the Site Plan Review Committee shall consider the number of habitat units existing before and after the proposed activity, the species selected for evaluation and (where the species for evaluation after the activity is proposed to be different from the existing evaluation species) the relative values of the evaluation species.

(C)

The relative values of the evaluation species selected shall be computed by the methods set forth in the habitat evaluation procedures of the U.S. Fish and Wildlife Service, taking into account the scarcity, vulnerability, replaceability and management efforts with respect to the evaluation species and any proposed replacement species (technical appendices).

(1)

Where the existing evaluation species have a high value because of their scarcity or vulnerability on a nation or regional ecosystem basis, the application shall demonstrate no loss of existing habitat units for the evaluation species or the creation of an equal number of habitat units for species of equal value.

(2)

Where the existing evaluation species are relatively abundant and have a high to medium value, the application shall demonstrate the minimal loss (less than ten percent) of habitat units for the existing species or the creation of an equal number of habitat units for other species having the same cumulative value and importance.

(3)

Where the existing evaluation species are relatively abundant, have a low value and are relatively tolerant of the proposed activity, the application shall demonstrate the minimization of loss of habitat value.

(A)

Generally. In those circumstances where the development proposal will result in an adverse impact upon conservation areas not excluded by this article, the development may proceed or under a mitigation plan approved pursuant to this section.

(B)

Preapplication conference. Prior to submission of mitigation proposal, there will be a preapplication conference between the Site Plan Review Committee and the applicant. The purpose of the preapplication meeting will be to decide on the appropriate scientific evaluation methods to be utilized, types of information which may be required and to provide the applicant with preliminary comments and concerns.

(C)

Submittal requirements. Each mitigation proposal submitted shall be in writing and shall include the following:

(1)

A description of the type and functions of the conservation area being impacted by the proposed development which shall include its acreage, flora, fauna and hydrologic regime;

(2)

A list of all plant and animal species listed as endangered or threatened (pursuant to F.S. § 481.185 and Rules Art. IV, Sec. 9, Fla. Const., 68A-27.00, 68A-27.004 and 68A-27.005, Florida Administrative Code, which are incorporated by reference and made a part of this section) which utilize the area and an evaluation of the probable significance of the area to the listed species;

(3)

A design for and a description of the area proposed for creation, enhancement, restoration or compensation which shall include its acreage, species to be planted, plant density, source of plants, soils and hydrologic regime;

(4)

A description of the monitoring and maintenance program;

(5)

An itemized cost estimate of the implementation cost of mitigation; and

(6)

Additional information as may be required by the city to evaluate the mitigation proposal.

(D)

Evaluation criteria. Mitigation proposals shall be reviewed by the Site Plan Review Committee. The degree of impact to wetland functions, whether the impact to these functions can be mitigated and the feasibility of cost effective design alternatives which could avoid impact are all factors in determining whether a proposed mitigation measure will be acceptable. In addition, an evaluation of the anticipated post-development viability and function performance will be considered utilizing accepted scientific methods which may include, but not be limited to, the habitat evaluation procedure (USFWS). As an alternative, a mitigation proposal is acceptable to the city if the following minimum criteria will be met for conservation areas. Ratio for mitigation for Class I conservation areas or with unlike habitat will be considered on a case by case basis. Ratios for Class II and Class III conservation areas will be 1:1.

(E)

Basis for review. The basis for review for mitigation shall be as follows:

(1)

Class I conservation areas. The removal, alteration or encroachment within a Class I conservation area shall only be allowed in cases where no other feasible or practical alternatives exist that will permit a reasonable use of the land or where there is an overriding public benefit. The protection, preservation and continuing viability of Class I conservation areas shall be the prime objective of the basis for review of all proposed alterations, modification or removal of these areas. When encroachment, alteration or removal of a Class I conservation area is permitted, habitat compensation or mitigation as a condition of development approval shall be required.

(2)

Class II conservation areas. Mitigation for Class II conservation areas should be presumed to be allowed unless mitigation is contrary to the public interest.

(3)

Class III conservation areas. Mitigation shall be allowed for Class III conservation areas in all cases.

(F)

Mitigation ratios. The applicant shall provide reasonable assurance that the proposed wetlands creation will be viable and will replace the habitat and functions performed by the Class II conservation areas destroyed. Reasonable assurance can be provided by type for type mitigation at the following ratios:

(1)

Freshwater marshes and wet prairie. 1.5:1.

(2)

Cypress wetlands. 2.5:1.

(3)

Hydric hammocks, bayheads and bogs, mangroves and hardwood swamps. 2.5:1.

(G)

Monitoring. The applicant shall provide a monitoring and maintenance program. The length and complexity of monitoring will depend upon the type of mitigation approved, but will not be less than two to five years and an 80—85 percent coverage rate of all planted areas.

(H)

Site design standards. The applicant shall meet the following site design standards for any permitted use:

(1)

A minimum setback of 30 feet shall be provided from an established conservation area boundary. Wider setbacks may be required depending on the environmental sensitivity of the conservation area and the intensity of the development imposed adjacent to the area.

(2)

Impervious surfaces are prohibited within 30 feet of any delineated conservation area larger than 40,000 square feet, except for the installation of a sprinkler system or utility line.

(3)

A minimum 15-foot buffer shall be established landward of the conservation area in order to protect the wetland from adverse impacts of construction activity, including but not limited to, erosion and siltation. The proposal shall document that a 15-foot buffer is adequate for the protection or shall indicate the size (wider) of the buffer deemed to be adequate that shall be provided to meet this requirement.

(4)

No alteration of the buffer shall be permitted including destruction of existing vegetation or alteration of the natural topography.

(5)

After construction, natural vegetation shall be retained or replaced in order to minimize and stabilize erosion and decrease potential pollution of the conservation area.

(6)

For lots or parcels which are cleared, silt screens shall be placed between the construction site and the wetland to prevent erosion and siltation.

(7)

Any conservation area damaged during construction shall be completely restored. Complete restoration means that the restored area shall function equivalently to the conservation area prior to damage.

(I)

Other protective measures. The Site Plan Review Committee may require any other reasonable protective measures necessary to prevent significant adverse effects on a conservation area. The factual basis of the decision to require the measure shall be stated as a finding in the written record. Protective measures may include, but are not limited to, the following:

(1)

Maintaining natural drainage patterns;

(2)

Limiting the removal of vegetation to the minimum necessary to carry out the development activity;

(3)

Expeditiously replanting denuded areas and sodding side slopes;

(4)

Stabilizing banks and other unvegetated areas by siltation and erosion-control measures;

(5)

Limiting the amount of fill used in the development activity;

(6)

Disposing of dredged spoil at specific upland location in a manner causing minimal environmental damage; and/or

(7)

Using deed restrictions and other legal mechanisms to require the developer and successors to protect the conservation area and maintain the development in compliance with the protective measures.

(J)

Financial assurance. The applicant shall provide reasonable assurance that the proposed development has the financial and institutional stability to carry out the mitigation, monitoring and maintenance requirements. Reasonable assurance can be provided in the form of surety bond posted by the applicant to the city prior to the disturbance of the conservation area in the amount of 110 percent of the cost estimate of the proposed mitigation, maintenance and monitoring plan. Other forms of reasonable, assurance may include a performance guarantee as part of a project construction guarantee, cash bond or letter of credit from a financial institution or performance prior to wetland impacts.

(K)

Conservation easement. Mitigation plans shall require a developer to grant a conservation easement under F.S. § 704.06 on the newly created wetland to protect it from future development.

(L)

Other assurance. The applicant shall provide other items that may be required by the Site Plan Review Committee to provide reasonable assurance that the mitigation plan requirements are met.

(A)

Habitat compensation may be in the form of monies or lands in areas designated by the city. The amount of compensation will be determined by either division (B) or (C) below at the applicant's discretion. If the applicant wishes to pursue another procedural method, the proposed method shall be submitted to the Site Plan Review Committee for review and approval.

(B)

The applicant shall submit a property appraisal to the Site Plan Review Committee for review and approval. The appraisal report shall provide an estimated value of the entire project site that reflects values at the time of issuance of all construction approvals, the total acres of the project site and the total acres of conservation area proposed for removal. The amount of compensation monies that will be required will be determined as follows:

(1)

The total estimated value of the property divided by the total acreage of the property equals the average value per acre.

(2)

The amount of compensation monies required shall equal the average value per acre multiplied by the total acres of conservation area impact.

(C)

The Site Plan Review Committee shall designate areas within the city suitable for off-site mitigation or habitat compensation. An appraisal will be conducted for the designated properties by the city. The appraisal shall establish an average cost per acre. An applicant for habitat compensation shall either purchase the required amount of lands designated by the city as determined by the mitigation ratios in section 4.01.09 or the applicant shall pay the amount of compensation required based on the average cost per acre of the lands designated by the city multiplied by the mitigation ratios in section 4.01.09. The basis for review for habitat compensation shall be as follows:

(1)

Class I conservation areas. The removal, alteration or encroachment within a Class I conservation area shall only be allowed in cases where no other feasible or practical alternatives exist that will permit a reasonable use of the land or where there is an overriding public benefit. The protection, preservation and continuing viability of Class I conservation areas shall be the prime objective of the basis for review of. all proposed alterations, modifications or removal of these areas. When encroachment, alteration or removal of Class I conservation areas is permitted, habitat compensation or mitigation as a condition of development approval shall be required.

(2)

Class II conservation areas. Habitat compensation for Class II conservation areas should be presumed to be allowed unless habitat compensation is contrary to the public interest.

(3)

Class III conservation areas. Habitat compensation shall be allowed for Class III conservation areas in all cases.

All habitat compensation required from applicants under the preceding section shall be deposited in a fund to be known as the Conservation Trust Fund. The Fund shall be used only for the purchase, improvement, creation, restoration and replacement of natural habitat within the city. The funds are not required to be expended for the replacement of the identical habitat type for the loss of which compensation was required consistent with this section. The funds may be commingled with other funds of the city or state or federal funds solely for expenditure for the purposes required under this section. All funds collected shall be expended within five years for the purposes required under this section consistent with a five-year capital improvements program. The Trust Fund may be pledged to secure the issuance of bonds in anticipation of habitat compensation or combined with other revenue sources to secure the bonds, provided the net proceeds of the bonds are expended for the purpose required herein.

In any case where activity occurs without the permit required by this section or in violation or any conditions of the permit, the city may, without limitation:

(A)

Issue stop-work orders and citations for violations. A citation shall state what action is required to correct the violation and require that corrective action be taken within a specified time. If the required corrective action is not taken within the time allowed, the city may use any available means of enforcement to secure compliance, including permit revocation;

(B)

Withhold the issuance of any construction plan approval, building permit, certificate of occupancy or inspection by the city;

(C)

Seek injunction from any court of competent jurisdiction against the continuation of the violation;

(D)

Seek mandatory injunction to compel the restoration of lands to the condition in which they existed prior to violation;

(E)

Recover damages for the loss of habitat units, which shall be paid to the Conservation Trust Fund; and/or

(F)

Pursue any other remedy now or hereafter provided by law.

The person committing a violation under this section shall be financially responsible for all damages, fines or costs of restoration provided herein, including all costs of enforcement and reimbursement of attorney's fees. If the violator is also the owner of the land upon which the violation occurred, the charges shall become a lien upon the affected lands and if the lien is required to be collected through foreclosure or other proceedings, the cost of the proceedings, including attorney's fees, shall be added to and secured by the lien.

Any aggrieved party, including the city, may appeal a decision of the Site Plan Review Committee to the City Council. An appeal shall be filed with the Site Plan Review Committee or its designee and with the City Manager or his or her designee within 15 days of the execution of the decision or order to be appealed. The Site Plan Review Committee shall then request a public hearing before the City Council. Notice of the hearing shall be sent to the aggrieved party by certified U.S. mail return receipt requested, at least ten days before the date of the public hearing. Following the hearing on the appeal, the City Council may reverse, affirm or modify the decision of the Site Plan Review Committee. No irreversible action shall be taken as a result of the Site Plan Review Committee's decision within the 15-day period during which a notice of appeal can be filed.

Unless specifically permitted by the provisions of this code, no development activity shall be undertaken in a protected wetlands area.

(A)

Certain activities are presumed to have an insignificant adverse effect on the beneficial functions of a protected wetlands area. The following uses and activities are presumed to have an insignificant adverse effect and shall not be prohibited unless competent and substantial evidence to the contrary is provided during development review. (Some of these activities may require written notice of exemption from other regulatory agencies; acquisition of the notice is the responsibility of the applicant.)

(1)

Scenic, historic, wildlife or scientific preserves.

(2)

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

(3)

Cleared walking trails having no structural components.

(4)

Timber catwalks and docks four feet or less in width.

(5)

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

(6)

Cultivating agricultural or horticultural products that occur naturally on the site.

(7)

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

(8)

Developing an area that no longer functions as a wetland, except a former wetland that has been filled or altered in violation of any rule, regulation, statute or this code. The development must demonstrate that the water regime has been permanently altered, either artificially or naturally, in a manner to preclude the area from maintaining surface water of hydroperiodicity necessary to sustain wetland structure and functions. If the water regime of a wetland has been artificially altered, but wetland species remain the dominant vegetation of the area, the Site Plan Review Committee shall determine the feasibility of restoring the altered hydrology. If the wetland may be restored at a cost that is reasonable in relation to benefits to be derived from the restored wetland the developer shall as a condition of development, restore the wetland and comply with the requirements of this section.

(9)

Developing a "Wetlands Storm Water Discharge Facility" or "Treatment Wetland" in accordance with state permits received under Chapters 17-25 and 17-6, Florida Administrative Code.

(B)

The following structures and activities may be permitted, provided that a development proposal is submitted showing full compliance with all applicable sections of this code, receipt of applicable SWFWMD, ACOE, DER or DNR permits and showing that the activity is designed and shall be constructed, maintained and undertaken in a way that minimizes the adverse impacts on beneficial wetland functions. In no case, however, shall dredge and fill activity exceed ten percent of the lawfully established wetlands area on the site.

(1)

Installation of subaqueous transmission and distribution lines for water, wastewater, electricity, communication cables, oil or gas. Lines may be entrenched in (not exceeding 10,000 cubic yard of dredging), laid on or embedded in bottom waters.

(2)

Construction of foot bridges and vehicular bridges.

(3)

Replacement or widening of bridges on pilings or trestles where the effects of pollutants discharge into open waters are not significant.

(C)

Compensatory mitigation, by which wetlands are created, enhanced, and/or restored to compensate for the loss of beneficial wetland functions, shall be required whenever a structure or use is allowed under the provisions of this section. the following requirements shall be met:

(1)

The created, enhances or restored wetland must be of the same wetland type as the destroyed or degraded wetland.

(2)

If a project is not permittable under the provisions of this code, the provision of compensatory mitigation shall not be the basis for permitting the project. (Note: This means that a project shall be permitted or not on its own merits and that mitigation does not alter the decision. However, mitigation shall be required as stated above).

(3)

Compensatory wetland mitigation shall require that the amount of wetlands created, enhanced or restored be large enough to assure that the amount of wetlands destroyed or degraded will be completely and successfully replaced. The following ratios of replacement to destroyed wetlands shall be presumed to provide reasonable assurances of type-for-type mitigation:

(a)

Hardwood swamps 2.5:1.

(b)

Cypress pond 2.5:1.

(c)

Freshwater marsh 1.5:1*.

* If the wetland creation proposed depends extensively on natural recolonization the ratio may be 3.0:1.

(4)

A developer of a compensatory mitigation plan shall grant a conservation easement under F.S. § 704.06 on the newly created wetland to protect it from future development.

(D)

The following site design standards shall be met by any permitted use:

(1)

A minimum setback of 30 feet shall be provided from an established wetland boundary;

(2)

A minimum 15-foot buffer shall be established landward of the approved wetland boundary in order to protect the wetland from adverse impacts of construction activity, including but not limited to, erosion and siltation. The proposal shall document that a 15-foot buffer is adequate for the protection or shall indicate the size (wider) of the buffer deemed to be adequate that shall be provided to meet this requirement;

(3)

No alteration of the buffer shall be permitted including destruction of existing vegetation or alteration of the natural topography;

(4)

After construction, natural vegetation shall be retained or replaced in order to minimize and stabilize erosion and decrease potential pollution of the wetland;

(5)

For lots or parcels which are cleared, silt screens shall be placed between the construction site and the wetland to prevent erosion and siltation; and

(6)

Any protected wetlands area damaged during construction shall be completely restored. Complete restoration means that the restored area shall function equivalently to the protected wetland prior to damage.

(E)

The Site Plan Review Committee may required any other reasonable protective measures necessary to prevent significant adverse effects on a protected wetland area. The factual basis of the decision to require the measure shall be stated as a finding in the written record. Protective measures may include, but are not limited to, the following:

(1)

Maintaining natural drainage patterns;

(2)

Limiting the removal of vegetation to the minimum necessary to carry out the development activity;

(3)

Expeditiously replanting denuded areas and sodding side slopes;

(4)

Stabilizing banks and other unvegetated areas by siltation and erosion-control measures;

(5)

Limiting the amount of fill used in the development activity;

(6)

Disposing of dredged spoil at specified upland location in a manner causing minimal environmental damage; and/or

(7)

Using deed restrictions and other legal mechanisms to require the developer and successors to protect the environmentally sensitive areas and maintain the development in compliance with the protective measures.

(A)

Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Zephyrhills, hereinafter referred to as "these provisions."

(B)

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

(C)

Intent. The purposes of these provisions and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

Minimize damage to public and private facilities and utilities;

(6)

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

(7)

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

(8)

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

(D)

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

(E)

Warning. The degree of flood protection required by these provisions and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. These provisions do not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with these provisions.

(F)

Disclaimer of liability. These provisions shall not create liability on the part of the City Council or by any officer or employee thereof for any flood damage that results from reliance on these provisions or any administrative decision lawfully made thereunder.

(Ord. 1228-14, passed 3-10-2014)

(A)

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

(B)

Areas to which these provisions apply. These provisions shall apply to all flood hazard areas within the city, as established in section 4.02.01.02(C).

(C)

Basis for establishing flood hazard areas. The Flood Insurance Study for the City of Zephyrhills, Florida Pasco County dated December 17th, 1991, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of these provisions and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the City of Zephyrhills Building Department, 5335 8th Street, Zephyrhills, Florida 33542.

(1)

Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to section 4.02.01.05, the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations:

(a)

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

(b)

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

(D)

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

(E)

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

(F)

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

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

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

(Ord. 1228-14, passed 3-10-2014)

(A)

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

(B)

General. The Floodplain Administrator is authorized and directed to administer and enforce these provisions. The Floodplain Administrator shall have the authority to render interpretations of these provisions consistent with the intent and purpose of these provisions and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in these provisions without the granting of a variance pursuant to section 4.02.01.07.

(C)

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

(1)

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

(2)

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

(3)

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

(4)

Provide available flood elevation and flood hazard information;

(5)

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

(6)

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

(7)

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

(8)

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

(D)

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

(1)

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

(2)

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

(3)

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

(4)

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

(E)

Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to section 4.02.01.07.

(F)

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

(G)

Inspections. The Floodplain Administrator shall make the required inspections as specified in section 4.02.01.06 for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit.

(H)

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

(1)

Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to section 4.02.01.03(D);

(2)

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

(3)

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

(4)

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

(5)

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

(I)

Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these provisions and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and these provisions; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these provisions and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the City of Zephyrhills Building Department, 5335 8th Street, Zephyrhills, Florida 33542 and require written request referencing specific addresses.

(Ord. 1228-14, passed 3-10-2014)

(A)

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

(B)

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

(1)

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

(a)

Railroads and ancillary facilities associated with the railroad.

(b)

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

(c)

Temporary buildings or sheds used exclusively for construction purposes.

(d)

Mobile or modular structures used as temporary offices.

(e)

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

(f)

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

(g)

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

(h)

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

(i)

Structures identified in F.S. § 553.73(10)(k) are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps.

(C)

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

(1)

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

(2)

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

(3)

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

(4)

Be accompanied by a site plan or construction documents as specified in section 4.02.01.05.

(5)

State the valuation of the proposed work.

(6)

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

(7)

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

(D)

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

(E)

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

(F)

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

(G)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

Federal permits and approvals.

(Ord. 1228-14, passed 3-10-2014)

(A)

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

(1)

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

(2)

Where base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with section 4.02.01.05(B)(2) or (3).

(3)

Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with section 4.02.01.05(B)(1).

(4)

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

(5)

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

(6)

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

(7)

Existing and proposed alignment of any proposed alteration of a watercourse. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these provisions but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with these provisions.

(B)

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

(1)

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

(2)

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

(3)

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

(a)

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

(b)

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

(4)

Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

(C)

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

(1)

For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in section 4.02.01.05(D) and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.

(2)

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

(3)

For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in section 4.02.01.05(D).

(D)

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

(Ord. 1228-14, passed 3-10-2014)

(A)

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

(1)

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

(2)

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

(a)

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

1.

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

2.

If the elevation used to determine the required elevation of the lowest floor was determined in accordance with section 4.02.01.05(B)(3)(b), the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent.

(b)

Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in section 4.02.01.06(A)(2)(a).

(3)

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

(Ord. 1228-14, passed 3-10-2014)

(A)

General. The Construction Code Enforcement/Licensing Board shall hear and decide on requests for appeals and requests for variances from the strict application of these provisions. Pursuant to F.S. § 553.73(5), the Construction Code Enforcement/Licensing Board shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code.

(B)

Appeals. The Construction Code Enforcement and Licensing Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of these provisions. Any person aggrieved by the decision of the Construction Code Enforcement/Licensing Board may appeal such decision to the Circuit Court, as provided by Florida Statutes.

(C)

Limitations on authority to grant variances. The Construction Code Enforcement/Licensing Board shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in section 4.02.01.07(F), the conditions of issuance set forth in section 4.02.01.07(G), and the comments and recommendations of the Floodplain Administrator. The Construction Code Enforcement/Licensing Board has the right to attach such conditions as it deems necessary to further the purposes and objectives of these provisions.

(1)

Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in section 4.02.01.05(C).

(D)

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

(E)

Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in these provisions, provided the variance meets the requirements of section 4.02.01.07(C)(1), is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood.

(F)

Considerations for issuance of variances. In reviewing requests for variances, the Construction Code Enforcement/Licensing Board shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, these provisions, and the following:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(G)

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

(1)

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

(2)

Determination by the Construction Code Enforcement/Licensing Board that:

(a)

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

(b)

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

(c)

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

(3)

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

(4)

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

(Ord. 1228-14, passed 3-10-2014)

(A)

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

(B)

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

(C)

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

(Ord. 1228-14, passed 3-10-2014)

(A)

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

(B)

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

(C)

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

(Ord. 1228-14, passed 3-10-2014)

For the purpose of these provisions, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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

Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of these provisions or a request for a variance.

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

Base flood. A flood having a one percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the "100-year flood" or the "1 percent-annual chance flood."

Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 1612.2.]

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

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

(1)

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

(2)

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

Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two feet. [Also defined in FBC, B, Section 1612.2.]

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

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

Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before April 8, 1983. [Also defined in FBC, B, Section 1612.2.]

Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before April 8, 1983.

Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Federal emergency management agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.

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

(1)

The overflow of inland or tidal waters.

(2)

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

Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 1612.2.]

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

(1)

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

(2)

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

Flood insurance rate map (firm). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.]

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

Floodplain administrator. The office or position designated and charged with the administration and enforcement of these provisions (may be referred to as the Floodplain Manager).

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

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

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

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

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

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

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

Letter of map change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

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

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

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

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

Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

(a)

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

(b)

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

(c)

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

Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]

Manufactured home. A structure, transportable in one or more sections, which is eight feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a "recreational vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.]

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

Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these provisions, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser.

New construction. For the purposes of administration of these provisions and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after April 8, 1983 and includes any subsequent improvements to such structures.

New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after April 8, 1983.

Park trailer. A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in F.S. § 320.01.]

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

(1)

Built on a single chassis;

(2)

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

(3)

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

(4)

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

Special flood hazard area. An area in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 1612.2.]

Start of construction. The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 1612.2.]

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

Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 1612.2.]

(1)

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

(2)

Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure and the alteration is approved by variance issued pursuant to section 4.02.01.07.

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

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

(Ord. 1228-14, passed 3-10-2014)

(A)

Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to section 4.02.01.04(B)(1), buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of section 4.02.03.07.

(Ord. 1228-14, passed 3-10-2014)

(A)

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

(1)

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

(2)

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

(3)

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

(B)

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

(1)

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

(2)

Where the subdivision has more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with section 4.02.01.05(B)(1) or (2); and

(3)

Compliance with the site improvement and utilities requirements of section 4.02.03.03.

(Ord. 1228-14, passed 3-10-2014)

(A)

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

(1)

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

(2)

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

(3)

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

(B)

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

(C)

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

(D)

Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in section 4.02.01.05(C)(1) demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.

(E)

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

(Ord. 1228-14, passed 3-10-2014)

(A)

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

(B)

Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that are designed in accordance with the foundation requirements of the Florida Building Code Residential Section R322.2 and these provisions.

(C)

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

(D)

Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with section 4.02.03.04(D)(1) or section 4.02.03.04(D)(2), as applicable.

(1)

General elevation requirement. Unless subject to the requirements of section 4.02.03.04(D)(2), all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A).

(2)

Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to section 4.02.03.04(D)(1), including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the:

(a)

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

(b)

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

(E)

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

(F)

Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322.

(Ord. 1228-14, passed 3-10-2014)

(A)

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

(1)

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

(2)

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

(B)

Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in section 4.02.03.05(A) for temporary placement shall meet the requirements of section 4.02.03.04 for manufactured homes.

(Ord. 1228-14, passed 3-10-2014)

(A)

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

(B)

Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of section 4.02.03.06(C) shall be permitted in flood hazard areas provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris.

(C)

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

(D)

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

(1)

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

(2)

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

(Ord. 1228-14, passed 3-10-2014)

(A)

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

(1)

Be located and constructed to minimize flood damage;

(2)

Meet the limitations of section 4.02.03.03(D) if located in a regulated floodway;

(3)

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

(4)

Be constructed of flood damage-resistant materials; and

(5)

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

(B)

Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of section 4.02.03.03(D).

(C)

Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of section 4.02.03.03(D).

(D)

Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of section 4.02.03.03(D). Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of section 4.02.01.05(C)(3).

(Ord. 1228-14, passed 3-10-2014)

The intent and purpose of this section is to protect and safeguard the health, safety, welfare, resources and property of the residents of the city, by regulating and prohibiting hazardous material transport and storage, well construction and related aspects of land use and development in the vicinity of potable water supply wells to protect the existing and future potable water supply sources of the city.

No person shall construct, modify, install, replace or close and abandon a hazardous material storage system, well or component thereof within the applicable cones of influence of this code without a wellfield management permit.

Underground vehicular fuel storage subject to Chapter 17-61, Florida Administrative Code, is exempt from these permit requirements.

The public facilities and conservation elements of the city's Comprehensive Plan as from time to time amended are hereby incorporated by reference.

The city's Department of Utilities is hereby designated as the city agency responsible for the administration and enforcement of this article. The powers and duties of the Utilities Superintendent are prescribed in Article X.

(A)

The primary cone of influence is the land area situated between the well(s) and the 30-day travel time contour. The secondary cone of influence is the land area situated between the 30-day and 210-day travel time contour.

(B)

The geographic extent of the primary and secondary cone of influence delineated on maps, as now and hereafter updated and supplemented, shall be on file at City Hall. These maps are adopted by reference. When a facility lies partially in both a primary and secondary cone of influence, the entire facility shall be considered to be in the more restrictive zone.

(C)

Within the primary cones of influence.

(1)

All proposed developments shall prepare and submit a report prepared and signed by a professional engineer or geologist registered and licensed in the state detailing the impact of the proposed development on the groundwater.

(2)

No new uses of land shall be allowed which require or involve storage, use or manufacture of hazardous materials.

(3)

No new wells shall be permitted or constructed in the surficial, intermediate or Floridan aquifer system except as approved by the Utilities Superintendent on a case-by-case basis and shall be limited to:

(a)

Wells constructed as part of the Florida Department of Environmental Regulation-approved containment assessment/ remediation plan where ground water contamination has been identified or is suspected.

(b)

Wells constructed for private nonpotable water supply in locations where the cost of construction to a public water utility would exceed the cost of the proposed private supply well and pumping system by a factor two and one-half.

(c)

Geotechnical borings constructed in the surficial aquifer system.

(4)

No transportation of hazardous materials shall be allowed in the primary cone of influence, except local traffic serving facilities which the primary cone of influence.

(5)

A variance approval shall be required for the temporary storage of hazardous materials in containers or tanks exceeding 50 gallons aggregate volume for use in normal agricultural or forestry practices and in construction activities within the primary cone. Hazardous materials stored in this manner and for these uses are not included in Exclusions. The variance procedure shall consist of application to the Utilities Department for the proposed activity requiring temporary hazardous material storage. The application shall include details of the proposed activity, a schedule of activity, types and quantities of hazardous materials to be stored and a plan for monitoring and remedial action, where necessary, as determined by the Utilities Superintendent. Within 21 days following receipt of a complete application for variance, the Utilities Superintendent shall approve, approve with conditions or deny the application. If the applicant chooses to appeal the decision, procedures set forth in section 11.17.00, Hearing Procedure, shall be followed.

(D)

Within the secondary cones of influence.

(1)

All proposed developments shall prepare and submit a report prepared and signed by a professional engineer or geologist registered and licensed in the state detailing the impact of the proposed development on the groundwater.

(2)

No new underground storage of hazardous materials shall be allowed, except vehicular fuel storage subject to Chapter 17-61, Florida Administrative Code. Facilities otherwise existing on the effective date of this code shall meet the requirements for new facilities by January 1, 1993.

(3)

Secondary containment shall be provided for all new hazardous material storage systems.

(4)

Aboveground storage volume of petroleum products allowed at any new facility shall not exceed:

(a)

One thousand gallons of any single material per acre of facility site;

(b)

Three thousand gallons aggregate of material per acre of facility site;

(c)

Ten thousand gallons of an single material at one facility; and

(d)

Forty thousand aggregate gallons of material at one facility.

(5)

Aboveground storage volume of hazardous materials other than petroleum products shall not exceed:

(a)

Five hundred gallons of any single material per acre of facility site;

(b)

One thousand gallons aggregate of material per acre of facility sit;

(c)

Five thousand gallons of any single material at one facility;

(d)

Five thousand gallons aggregate of material at one facility; and

(e)

One hundred fifty gallons aggregate of organized chemicals having a specific gravity greater than 1.0.

(6)

No new wells shall be permitted or constructed in the surficial, intermediate or Floridan aquifer system except:

(a)

Wells constructed by the city or its contractor for the production of potable water or as part of a groundwater monitoring system;

(b)

Wells constructed as part of a Florida Department of Environmental Regulation-approved contaminant assessment/ remediation plan where ground water contamination has been identified or is suspected;

(c)

Wells constructed in the surficial aquifer system for the purposes of background facility monitoring;

(d)

Wells constructed for private nonpotable water supply in locations where the cost of connection to a public water utility would exceed the cost of the proposed private supply well and pumping system by a factor of 2.5; and/or

(e)

Geotechnical borings exceeding 20 feet in depth.

(7)

Within 180 days following the effective date of this code, existing aboveground facilities shall comply with the notice and disclosure requirements, but shall not be required to comply with Containment Standards. All facilities existing of the effective date of this code shall comply with the full provisions of this code before January 1, 1998.

(8)

Consumer products on display and prepackaged in normal concentrations and manner for sale to individuals for personal, family or household purposes shall not be required to comply with Containment Standards. Prepackaged consumer product materials are subject to the new facility storage volume limits of this section.

(9)

A variance approval shall be required for the temporary storage of hazardous materials in containers or tanks exceeding 50 gallons aggregate volume for use in normal agricultural or forestry practices and in construction activities within the secondary zone. Hazardous materials stored in this manner and for these uses are not included in. The variance procedure shall consist of application for the proposed activity requiring temporary hazardous material storage. The application shall include details of the proposed activity, a schedule of activity, types and quantities of hazardous materials to be stored and a plan for monitoring and remedial action, where necessary. Within 21 days following receipt of a complete application for variance, the Utilities Superintendent shall approve, approve with conditions or deny the application. If the applicant chooses to appeal, Hearing Procedure, shall be followed.

(10)

Abandoned wells shall be closed in accordance with the provisions of this code, following criteria established by the South West Florida Management District and/or the Florida Department of Health and Rehabilitative Services.

(11)

Owners of real property located either partly or entirely within the primary or secondary cone of Influence shall, at the time of any transfer of interest in the property, create in any deed, lease or other document conveying the interest a notation that the property is subject to the provisions of this article.

(A)

Materials regulated by this code shall consist of the following:

(1)

Petroleum products, except for vehicular fuels stored in underground tanks that are subject to Chapter 17-61, Florida Administrative Code;

(2)

Substances listed by the Secretary of State of Florida Department of Labor and Employment Security pursuant to F.S. Ch. 442, (Occupational Health and Safety). This list, known as the Florida Substances List, is provided in Chapter 38F-41, Florida Administrative Code;

(3)

Substances listed by the Administration of the United States Environmental Protection Agency pursuant to section 102 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980. This list is provided in 40 C.F.R. Part 302 (Protection of the Environment), Designation, Reportable Quantities and Notification;

(4)

Substances listed by the Administrator of the United States Environmental Protection Agency pursuant to Title III of the Superfund Amendments and Reauthorization Act of 1986. The list is provided in 40 C.F.R. Part 355, Emergency Planning and Notification;

(5)

Materials listed by the Secretary of the United States Department of Transportation pursuant to the Hazardous Materials Transportation Act. This list is provided in 49 C.F.R. Part 172, Hazardous Materials Tables and Communications Regulations;

(6)

The following elemental metals, if they are stored in an easily crumbled, powdered or finely divided state: aluminum, beryllium, cadmium, chromium, copper, lead, manganese, mercury, molybdenum, nickel, rhodium, silver, terrarium, tin and zinc;

(7)

Any material not included above which may present significant and/or similar risks to human health or the environment as determined by the Utilities Superintendent. These determinations must be based upon competent testing or other objective means with conclusions which indicate that the material may pose a significant potential or actual hazard; and

(8)

Mixtures containing the above materials if they contain one percent or more by volume of if they are wastes.

(B)

The following materials are not subject to the provisions of this code:

(1)

Radioactive materials regulated by the United States Nuclear Regulatory Commission or the Florida Department of Health and Rehabilitative Services (64E-5, Parts X and XII, Florida Administrative Code, Control of Radiation Hazards);

(2)

Commercial products limited to use at the facility solely for janitorial or minor maintenance purposes;

(3)

Consumer products located in the home which are used for personal, family or household purposes;

(4)

Oils and fluids within electric utility transformers, switches or other electrical apparatus;

(5)

AWWA-approved substances used in the production and treatment and quality assurance/control of water for potable use;

(6)

Hazardous materials use in normal agricultural or forestry practices, provided these materials are handled and used in a manner which does not pose a contamination hazard to ground water in case of a discharge;

(7)

Hazardous materials used in construction activities within the primary and secondary zones of influence, provided these materials are handled and used in a manner which does not pose a contamination hazard to ground water in case of a discharge; and

(8)

Other regulated materials that, due to physical or chemical characteristics, do not pose a contamination hazard to groundwater in case of a discharge.

(C)

The Utilities Superintendent may exempt any material from the requirements of this code if, in his or her opinion, it has been demonstrated that the material, in the quantity and/or solution handled or the conditions under which it is stored, does not present a significant actual or potential hazard to the contamination of ground water in case of a discharge.

(A)

No person shall discharge or cause or permit the discharge of a hazardous material to the soils, ground water or surface water within the primary or secondary cones of influence. Any person knowing or having evidence of a discharge shall report the information to the Utilities Department.

(B)

New sanitary landfills, as defined by 17-701, Florida Administrative Code, shall be prohibited within the primary and secondary cones of influence.

(C)

New domestic and/or industrial waste water treatment facilities shall be prohibited within the primary cone of influence.

(D)

New septic tanks and septic tank waste water treatment systems shall be prohibited within the primary zone of influence.

(E)

No person shall construct, modify, install, replace or close and abandon a hazardous material storage system, well or component thereof without complying with the requirements of this code.

(F)

Any person who discovers a discharge of hazardous material while installing, replacing, repairing or inspecting a containment system or aboveground or underground utilities shall, in addition to reporting the discharge to the Utilities Department, report the discharge to the owner, operator or agent of the facility, if known. As soon as any person in charge of a regulated storage facility or responsible for emergency response for a facility, has knowledge of any unauthorized discharge of a hazardous material regulated pursuant to this code, the person shall take all necessary steps to ensure the discovery and containment and clean up of the discharge and shall notify the Utilities Department of the event within 24 hours of discovery of the discharge.

(G)

No person shall tamper with or bypass or cause or permit tampering with or bypassing of the secondary containment of a hazardous material storage system, except as necessary for maintenance or testing of those components.

(A)

Containment of hazardous materials. No person, firm or corporation shall store any hazardous materials regulated by this chapter until approval has been granted pursuant to this chapter. No approval shall be granted pursuant to this chapter unless the applicant demonstrates to the satisfaction of the Utilities Department, by the submission of appropriate plans and other information, that the design and construction of the storage system will result in a suitable manner of storage for the hazardous material or materials to be contained therein.

(B)

New storage facilities.

(1)

No person, firm or corporation shall construct or install any new storage system within the secondary cone of influence until approval has been issued pursuant to this chapter.

(2)

All new storage systems intended for the storage of hazardous materials shall be designed and constructed with a monitoring system capable of detecting that the hazardous material stored in the primary containment has entered the secondary containment. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be required. Where secondary containment may be subject to the intrusion of water, a means of monitoring for precipitation, inflow or other water intrusion and for safely removing the water shall also be provided.

(3)

Primary and secondary levels of containment shall be required for all new storage systems intended for the storage of hazardous materials unless exempted by the Utilities Superintendent.

(4)

All primary containment shall be product tight. All secondary containment shall be constructed of materials of sufficient thickness, density and composition so as not to be structurally weakened as a result of contact with the discharge hazardous materials. Secondary containment shall be designed to prevent overtopping due to wave action or splashing in the event of a failure of the primary container.

(5)

In the case of an installation with one primary container, the secondary containment shall be large enough to contain at least 150 percent of the volume of the primary container. The secondary containment volume shall be increased by an amount equal to the volume of a 100-year, 24-hour rainfall event in instances where the containment area is exposed to precipitation.

(6)

In the case of a storage system with separate multiple primary containers, the secondary container shall be large enough to contain 150 percent of the volume of the largest primary container placed in it or ten percent of the aggregate internal volume of all primary containers in the storage system, whichever is greater. The secondary containment volume shall be increased by an amount equal to the volume of a 100-year, 24-hour rainfall event in instances where the containment area is exposed to precipitation.

(7)

Laminated, coated or clad materials shall be considered single-walled and shall not be construed to fulfill the requirements of both primary and secondary containment.

(8)

An overfill protection device or procedure shall be required for any primary container.

(9)

Materials that, in combination, may cause a fire or explosion or the production of a flammable, toxic or poisonous gas or the deterioration of a primary or secondary container, shall be separated in both the primary and secondary containment so as to avoid potential intermixing.

(C)

Drainage system. Drainage of water entering by precipitation or infiltration from within a storage system containing hazardous materials shall be controlled in a manner approved by the Utilities Department so as to prevent hazardous materials from being discharged. No drainage system will be approved unless the flow of the drain can be controlled. The facility shall contain a means of removing the water by the owner or operator. This removal system shall also provide for a means of sampling the removed water for hazardous material contamination and a means of collecting contaminated water for disposal at an authorized disposal facility.

(D)

Out-of-service storage systems.

(1)

No storage systems shall be abandoned, except as provided by this chapter.

(2)

Storage systems which are temporarily out of services and are intended to be returned to use, shall continue to be monitored and inspected.

(3)

Any storage system which is not being monitored and inspected in accordance with this chapter shall be closed or removed in a manner approved by the Utilities Department.

(4)

Any person, firm or corporation having title to or leasing or renting real property and having reason to believe than an abandoned storage system is located upon the property shall make a reasonable effort to locate the storage system within 180 days of the effective date of this code.

(5)

Whenever an abandoned storage system is located, a plan for the closing or removing or upgrading and permitting of the storage system shall be filed within 90 days of its discovery.

(E)

Monitoring.

(1)

Monitoring methods shall include at least one system for detecting leakage from the primary container. A monitoring system capable of detecting that the hazardous material stored in the primary containment has entered the secondary containment shall be provided. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be required. Where secondary containment may be subject to the intrusion of water, a means of monitoring for the water shall be provided. Whenever monitoring devices are provided, they shall, where applicable, be connected to attention-getting visual and/or audible alarms.

(2)

Every facility under this chapter shall provide testing, monitoring (if applicable), inspections and shall maintain records adequate to demonstrate compliance therewith.

(F)

Maintenance, repair or replacement.

(1)

Any substantial modifications or repair of a storage system, other than minor repairs or emergency repairs, shall be in accordance with plans to be submitted to the Utilities Department and approved prior to the initiation of the work.

(2)

A facility owner or operator may make emergency. repairs to a storage system in advance of seeking an approval whenever an immediate repair is required to prevent or contain an unauthorized discharge or to protect the integrity of the containment. However, within five working days after the emergency repairs have been started, the owner or operator shall seek approval by submitting drawings or other information adequate to describe the repairs to the Utilities Department.

(3)

Replacement of any existing storage system for hazardous materials must be in accordance with the new installation standards.

(G)

Secured facilities. Access to the hazardous material storage system shall be secured by means of fences, locks or other security system.

(H)

Emergency equipment. Emergency equipment shall be provided which is reasonable and appropriate for potential emergencies presented by the stored hazardous materials. The equipment shall be regularly tested and adequately maintained.

(I)

Posting of emergency procedures. Simplified emergency procedures shall be posted conspicuously in locations where hazardous materials are stored.

The procedure for the issuance of wellfield protection permits is prescribed in Article XI.

(A)

Violations of this chapter may be referred by the Utilities Superintendent to City Council for enforcement action. In addition to the provisions of general law relating to the enforcement of ordinances and codes, the city shall have, in connection with its local pollution control program, all remedies of the Florida Department of Environmental Regulation under F.S. Ch. 403, as may be provided through delegation of applicable authority, to enforce the provisions of this article.

(B)

The procedures pertaining to violations of this section, the enforcement of the provisions of this section and remedies thereto are prescribed in Article XI.

The purpose of this section is to describe those requirements necessary to promote the educational, cultural and economic welfare of the public by preserving and protecting historical structures, sites, monuments, areas, neighborhoods, as well as areas of archaeological significance. Furthermore, it is the purpose of this section to strengthen the economy of the city by stabilizing and improving property values in historical areas, encouraging new development which is harmonious with existing historical and archaeological resources in the area and preserving and enhancing areas which reflect the city's cultural, social, economic, political and architectural history.

The requirements of this section apply to all sites identified through survey, study or other evidence as being of potential historical or archaeological significance and which has been formally designated by City Council and/or the Florida Department of State, Division of Historical Resources.

The site shall be presumed to have historical or archaeological significance if it meets one of the following criteria:

(A)

The site is listed on the National Register of Historic Places;

(B)

The site is within a district listed on the National Register of Historic Places; or

(C)

The site has been identified and designated by the city, following professionally conducted surveyor study, to be of local importance (whether or not it is to be submitted for inclusion on the Florida master site file or for consideration for the National Register of Historic Places).

(A)

Sites which are required to comply with this section shall submit an historic/archaeological impact/mitigation report with the development proposal and application. The purpose of this report is to provide evidence of the probable or potential impact of the proposed development upon the historical and/or archaeological significance of the site and further, to provide details on proposed mitigation procedures to be used during and after development.

(B)

The proposed use of an existing historically significant structure shall be compatible with the property and the surrounding district.

(C)

The distinguishing original qualities or character of a building structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. However, archaeological sites may be excavated and studied by an archaeologist listed by the Division of Historic Resources, Florida Department of State.

(D)

All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

(E)

Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right and this significance shall be recognized and respected.

(F)

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

(G)

Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

(H)

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that could damage historic building materials shall be discouraged.

(I)

Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.

(J)

Wherever possible, new additions or alterations to structures shall be done in such manner that if the additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

Historic structures may be demolished following appropriate documentation and approval by City Council and or other appropriate agencies.