5.01.01 Purpose and Intent. It is the purpose and intent of this Section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas.

This Section shall apply to all areas of special flood hazard within the jurisdictional boundaries of the Town of Zolfo Springs. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this Section and other applicable regulation. These flood hazard management regulations do not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.

Areas of special flood hazard that have been or may be identified on a Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA), and any revisions thereto, are adopted by reference and declared to be a part of this Section. In the absence of FIRMs and supporting data, areas of special flood hazard shall be identified by field analysis until such FIRMs are available.

Although the degree of flood protection required by this Section is reasonable and appropriate for regulatory purposes, based on scientific and engineering considerations, more severe floods will occur and flood heights may be increased by man-made or natural causes. Consequently, this Section is not intended to imply that land outside the areas of special flood hazard or uses permitted within those areas will be free from flooding or flood damages. This Section shall not create liability on the part of the Town or any of its officers or employees for any flood damages that result from reliance on these flood hazard management regulations or any administrative decision lawfully made thereunder.

5.01.02 Standards for Reducing Flood Hazards in the Area of Special Flood Hazard. The following standards apply to all development permitted within the Area of Special Flood Hazard.

(A)

Compensatory Stormwater Storage Required. Encroachments, including fill, new construction, substantial improvements and other development, are prohibited unless a registered professional engineer certifies that compensatory storage will be provided in order to alleviate flood problems within the impacted area.

(B)

Anchoring. All new construction and substantial improvements of existing construction shall be anchored to prevent flotation, collapse or lateral movement of the structure during a base flood. Mobile homes shall be anchored, tied down and blocked in accordance with the standards of Section 15C-1.10, F.A.C.

(C)

Construction Materials And Methods. All new construction and substantial improvements of existing construction shall be constructed with materials and utility equipment resistant to flood damage, and using methods and practices that will minimize flood damage and prevent the pollution of surface waters during a base flood.

(D)

Service Facilities And Utilities

(1)

Electrical heating, ventilation, plumbing, air conditioning and other service facilities shall be designed or located to prevent water from entering or accumulating within the components during a base flood.

(2)

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate both infiltration of flood waters into the systems and discharges from the systems into flood waters.

(3)

On-site sanitary sewage systems shall be located and constructed to avoid impairment to them or contamination from them during flooding, and shall not be installed wholly or partially in a regulatory floodway.

5.01.03 Additional Standards for Reducing Flood Hazards in Areas for Which FIRMs Have Been Prepared. The following standards must be complied with in all areas of special flood hazard for which a base flood elevation has been established as set forth in Section 5.01.01.

(A)

Compensatory Stormwater Storage Required. Encroachments, including fill, new construction, substantial improvements and other development, are prohibited unless a registered professional engineer certifies that compensatory storage will be provided in order to alleviate flood problems within the impacted area.

(B)

Elevated Buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the flood protection elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs for complying with this requirement must be certified by a professional engineer or architect.

(C)

Residential Structures

(1)

All new construction and substantial improvements of existing construction of residential structures shall be constructed with the lowest floor elevated to or above the flood protection elevation.

(2)

All new construction and substantial improvements of existing construction, enclosed areas below the lowest floor that are subject to flooding shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for automatic entry and exit of floodwater. Designs for meeting this requirement must be certified as meeting this requirement by a registered professional engineer or architect.

(3)

Electrical, plumbing fixtures, and other utility connections shall not be placed below the Flood Protection Elevation.

(D)

Nonresidential Structures. New construction and substantial improvements of existing construction of nonresidential structures shall comply with Section 5.01.03(C) of this Section. Walls below the flood protection elevation shall be constructed of flood damage-resistant materials. Structural components shall resist hydrostatic and hydrodynamic loads and effects of buoyancy.

(E)

Subdivisions

(1)

All preliminary subdivision proposals shall identify the area of special flood hazard and the elevation of the base flood.

(2)

All final subdivision plans shall identify the elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor.

(3)

All public utilities and facilities in subdivisions shall be located and constructed to minimize flood damage, and shall be adequately drained to reduce exposure to flood hazards.

(4)

Each lot must include a site suitable for constructing a structure in conformity with the standards of these flood damage prevention regulations.

5.01.04 Administration and Enforcement. In addition to other administrative and enforcement provisions in this Code, the following provisions shall apply:

(A)

Designation and Duties of Development Director. The Development Director shall administer and implement the provisions of these flood hazard management regulations. In addition to duties assigned elsewhere, the Development Director shall:

(1)

Review all proposed developments to assure that the requirements of these regulations have been met.

(2)

Review all certificates submitted to satisfy the requirements of these regulations.

(3)

Notify adjacent communities, the SWFWMD, and the DCA, prior to permitting or approving any alteration or relocation of a watercourse, and, if applicable, provide evidence of such notification to FEMA.

(4)

Verify and record the actual elevation (in relation to mean sea level) of the lowest floor, or of the flood-proofing, of all new or substantially improved structures regulated by this Section.

(5)

Interpret the boundaries of the Areas of Special Flood Hazard and Areas of Shallow Flooding.

(6)

Maintain all records pertaining to the implementation of these flood damage prevention regulations.

(B)

Certification of As-Built Elevations

(1)

For development activity that includes structures, and in areas where base flood elevations are available, the developer shall submit to the Development Director a certification prepared by a registered land surveyor or licensed professional engineer of the as-built elevation in relation to mean sea level of the lowest floor, flood-proofed elevation, or horizontal structural members of the lowest floor, as applicable. This certification shall be provided before additional construction may occur.

(2)

The Development Director shall review submitted floor elevation survey data and inform the applicant of deficiencies within five working days. No work shall be permitted to proceed until the deficiency is removed in the opinion of the Development Director. Failure to submit the certification or to make required corrections shall be cause to issue a stop-work order for the project.

(3)

Upon submittal of certified elevations and/or a determination by the Development Director that the development meets all of the applicable requirements of this Section, the Development Director shall issue a certificate of compliance. All work performed before the issuance of this certificate shall be at the risk of the developer.

(C)

Enforcement

(1)

Any violation of this Section is a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by law.

(2)

In addition to any remedy or penalty provided herein or by law, any person who violates the provisions of these flood damage prevention regulations shall be punished by a fine of not less than $100 nor more than $500 or by imprisonment in the county jail for a period not to exceed 60 days, or by both such fine and imprisonment. Each day during which the violation occurs shall constitute a separate offense.

(3)

Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

5.02.01 Purpose and Intent. The purpose and intent of this Section is to safeguard the health, safety and welfare of the citizens of Zolfo Springs by providing for regulation of the storage, handling, use or production of hazardous substances within zones of protection surrounding potable water supply wells, thereby providing protection of the principal source of water for domestic use. The availability of an adequate and dependable supply of potable quality water is of primary importance to the future of the Town. Therefore, standards are described in this Section with the intent of protecting both the quantity and quality of the groundwater supply. It is further the intent of this Section to control development in and adjacent to designated wellheads to protect water supplies from potential contamination.

5.02.02 Establishment of Wellfield Protection Zone. Development regulations provided in this Section shall be applicable to designated cones of influence for all municipal public supply wells. Prior to designation of, or in the absence of sufficient information to identify cones of influence, the Zone of Protection shall consist of a radius of 150 feet around each of the Town's public supply potable water wells. An official map of the Zone of Protection shall be maintained in the office of the Development Director.

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

5.02.03 Wellfield Protection Zone Uses. Except as otherwise provided, no person shall construct, modify, install or replace a hazardous substance storage system within a protection zone.

5.02.04 Wellfield Protection Restrictions

(A)

Zone of Protection. Unless otherwise provided in this Section, new non-residential use, handling, production or storage of hazardous substances shall be prohibited within the wellfield protection zone. Any such use existing prior to adoption of this Code, including the use, handling, production or storage of hazardous substances of more than five gallons in connection with a residential use, shall cease such use within one year of the adoption of this Code.

(B)

Exemptions. The following activities or uses are exempt from the provisions of this Section:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

Storage tanks that are constructed and operated in accordance with the storage tanks regulations as set forth in Chapter 17-61, F.A.C.

(7)

Geotechnical borings.

(8)

Residential activities.

5.02.05 Modification of Requirements. Any person affected by this Section may petition the Town Commission for modification from the prohibitions of this Section, provided that the person demonstrates that special or unusual circumstances and adequate technology exists to isolate the facility or activity from the potable water supply in the event of a spill.

Should an abandoned storage system be located, a plan for the closing or removing or upgrading and permitting of such storage system shall be filed by the owner of the property at a reasonable time as determined by the Development Director. Provided, however, such reasonable time for filing shall be no more than three months.

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

5.03.02 Relationship to Other Requirements Relating to Wetlands Protection. In addition to meeting the following wetlands protection requirements, development plans shall comply with applicable federal, state and water management district regulations. In all cases the strictest of the applicable standards shall apply.

5.03.03 Protection Zones Established. Two zones of protection for wetlands are hereby established. The protection zones shall be known as the wetland protection and upland zones.

(A)

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

(1)

Areas within the dredge and fill jurisdiction of the FDEP as authorized by Section 403, F.S.

(2)

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

(3)

Areas within the jurisdiction of the SWFWMD pursuant to Rule 40D-4, F.A.C.

(4)

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

(5)

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

(6)

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

(B)

Upland Zone. There is hereby created an upland transitional zone adjacent to each wetland zone. The upland zone is an area having a direct ground- or surface water influence and functions as a buffer between wetlands and development. The purpose of this zone is to minimize the adverse effects of development upon the wetland itself. This zone shall encompass all land within 200 feet of the boundary of the wetland zone unless the applicant is able to demonstrate to the Town Commission's satisfaction that the functions of the wetland can be protected with a smaller upland transitional zone. In no case, however, shall an upland zone of less than 30 feet be approved.

5.03.04 Permits Required. Except as provided in Subsection 5.03.05, no person shall remove, fill, drain, dredge, clear, destroy or alter any wetland as defined in this Code without first submitting a wetland management plan to the Development Director and obtaining from the Town Commission a wetland alteration permit. This permit may be issued concurrently with any other land development permits issued by the Town.

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

(A)

Nonmechanical clearing of vegetation from an area of less than 10% of the protected zone.

(B)

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

(C)

Cleared walking trails having no structural components.

(D)

Timber catwalks and docks four feet or less in width.

(E)

Utility crossings.

(F)

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

(G)

Bona fide mosquito control activities.

(H)

Activities approved by a federal, state, or regional agency prior to adoption of this Section.

5.03.06 Development Standards

(A)

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

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

(1)

Scenic, historic, wildlife, or scientific preserves.

(2)

Minor maintenance or emergency repair to existing boat docks, walking trails, and timber catwalks.

(3)

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

(4)

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

(5)

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

(6)

Construction of foot bridges and vehicular bridges.

(B)

Upland Zone. All development in an upland zone shall be in accordance with the Future Land Use Map of the Comprehensive Plan and the zoning classification, and shall be designed, constructed and maintained to avoid significant adverse effects on the adjacent wetland. Where a development site lies partly within the wetland zone and partly within the upland zone, the acreage within a wetland zone may be used to determine the total allowable units or square footage of development that will be allowed on a site. This development potential shall be transferred from the wetland zone to the upland zone.

Special Standards for Upland Zones. The following standards shall apply within upland zones:

(1)

Natural vegetative buffer areas shall be retained between all development and all wetlands where such buffer areas exist. The minimum width of the buffer shall be 25 feet and the average of all wetland buffers shall be 40 feet. No structures shall be located in such areas. Impervious surfaces shall be limited to roads or walking trails providing access to a body of water. Where a natural buffer area does not exist, an equivalent buffer shall be created.

(2)

The developer shall completely restore any portion of a wetland zone damaged as a result of construction activity in the upland zone.

(3)

The Town Commission may require other reasonable protective measures to be undertaken within the upland zone as necessary to prevent significant adverse effects on a wetland. Protective measures may include, but are not limited to:

a.

Maintaining natural drainage patterns.

b.

Limiting the removal of vegetation.

c.

Minimizing the amount of fill used in the development activity.

d.

Prohibiting or limiting the use of septic tanks.

5.03.07 Mitigation. The Town Commission may require mitigation of adverse impacts on wetlands as a condition of development approval if it finds that such impacts are unavoidable. In such cases, action will be taken during or after development to reduce or counteract damage to wetlands areas. A mitigation plan approved by a federal, state, or regional agency shall be acceptable to the Town. Mitigation shall not contribute to the production of mosquitoes by creating mosquito larval habitat or by eliminating habitat for predatory fish. The mitigation plan shall address the following circumstances as they apply to the specific condition of the proposal.

(A)

Preservation and maintenance regulations to reduce or eliminate the impact over time.

(B)

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

(C)

Repair, rehabilitation, or restoration of the wetland.

(D)

Specific design requirements based upon conditions of the site and the type of wetland to be created or restored.

(E)

Periodic monitoring to remove exotic or nuisance vegetation.

(F)

Preservation or creation of an appropriate habitat in an adjacent wetland zone.

A developer of a compensatory mitigation plan shall grant a conservation easement in accordance Section 704.06, F.S., and Section 5.05.00 of this Code on the newly purchased, created, enhanced or restored environmentally sensitive lands to protect them from future development. A legal mechanism other than a conservation easement may be considered, if appropriate, to carry out the purpose of this subsection.

5.03.08 Prohibited Ongoing Activities. The following standards apply to post-development activities taking place within any wetland zone or upland zone.

(A)

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

(B)

Handling and Storage of Fuel, Hazardous and Toxic Substances, and Wastes. No fuel or toxic substances shall be stored, transferred, or sold in a wetland or an upland zone.

(C)

Fertilizers, Herbicides, or Pesticides. Fertilizers, herbicides, or pesticides shall not be applied in a wetland zone except for projects conducted under the authority of F.S. §§ 373.451—373.4595, the Surface Water Improvement and Management Act, and governmentally authorized mosquito control programs.

5.04.01 Required Soil Conservation Measures. The following soil conservation measures shall apply to all development activities requiring site development plan or subdivision reviews:

(A)

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

(B)

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

As a condition for approval of a development permit or development order, or as part of a development agreement established under Section 6.02.00 of this Code, any person, corporation or entity owning property in the Town of Zolfo Springs may create a conservation easement. Conservation easements shall be subject to the provisions of Section 704.06, F.S., and may be used to prevent or prohibit the following activities:

(A)

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

(B)

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

(C)

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

(D)

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

(E)

Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition.

(F)

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

(G)

Acts or uses detrimental to such retention of land or water areas.

(H)

Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance.

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

Conservation easements shall run with the land and be binding on all subsequent owners of the property. Conservation easements shall entitle the holder to enter the land in a reasonable manner and at reasonable times to assure compliance with the purpose(s) of such easements.

All conservation easements shall be recorded and indexed in the public records of Hardee County in the same manner as any other instrument affecting the title to real property.