Brevard County |
Code of Ordinances |
CODE OF ORDINANCES OF BREVARD COUNTY, FLORIDA VOLUME II |
Chapter 62. LAND DEVELOPMENT REGULATIONS |
Article X. ENVIRONMENTAL PROTECTION AND CONSERVATION |
Division 5. FLOODPLAIN PROTECTION |
§ 62-3721. Definitions.
For the purpose of this division, certain words pertain and are defined as follows:
Agricultural pursuits means activities related to cultivating the soil, producing crops and raising livestock.
Annual floodplain means the floodplain that is below the annual freshwater flood elevation, that is, the area which has a statistical probability of 100 percent of being flooded in any given year according to the best available data as described in section 62-3723(4).
Best management practices means those practices as developed by the U.S. Department of Agriculture, the state department of agriculture or other appropriate agencies.
Best public interest means public projects which clearly demonstrate a net benefit to the public, as determined by the board of county commissioners, and which adequately mitigate adverse environmental impacts.
Compensatory storage means the storage of floodwater that would offset the floodplain storage lost to development.
County manager means county manager or designee.
Estuarine floodplain means lands which have a surface water connection to an estuarine water body during the 100-year flood.
FIRM maps means flood insurance rate maps published by the Federal Emergency Management Agency.
Forestry means the science of application and practice of controlling forest establishment, composition and growth through sound management techniques, based on the owner's management objectives.
Hazardous materials means any material defined, listed, characterized or classified as a hazardous substance, hazardous waste or toxic substance according to any of the following state or federal codes or regulations:
(1)
F.A.C. ch. 38F-41 (the Florida Substance List).
(2)
Title 40 of the Code of Federal Regulations part 261 (Identification and Listing of Hazardous Wastes).
(3)
Title 40 of the Code of Federal Regulations part 302.4 (Designation of Hazardous Substances).
(4)
Title 40 of the Code of Federal Regulations part 355, appendix A and B (List of Extremely Hazardous Substances).
A hazardous material includes any solution, mixture or formulation containing such materials, and also includes any material which, due to its chemical or physical characteristics, is determined by the county manager to pose a substantial threat to life, health or safety of persons or property or to the environment.
Isolated floodplain means any floodprone area which does not have a direct surface water connection to an estuarine or riverine water body.
Mean annual floodplain means the floodplain that is below the annual freshwater flood elevation, that is, the area which has a statistical probability of being flooded at least once every 2.33 years according to the best available data as described in section 62-3723(4).
100-year to 25-year riverine floodplain means the floodplain that is at or below the 100-year freshwater flood elevation, but above the 25-year freshwater flood elevation. The 100-year floodplain has a statistical probability of one in 100 of being flooded in any given year according to the best available data as described in subsection 62-3723(4).
Overriding public benefit means the result of a development action by a private property owner that substantially preserves, restores or enhances those natural functions which define areas of critical concern, environmentally sensitive areas, shorelines or water bodies, identified by the county comprehensive plan. Natural resources management department or state or federal agencies. An overriding public benefit shall include, but not be limited to, proposals which preserve, restore or enhance floodplain, wetland, shoreline or prime aquifer recharge functions and provide for the dedication of associated lands to the county or other acceptable public entity or agency.
Public interest means demonstrable environmental, social, and economic benefits which would accrue to the public at large as a result of a proposed action, and which would clearly exceed all demonstrable environmental, social, and economic costs of the proposed action. In determining the public interest in a request for use, sale, lease, or transfer of interest in sovereignty lands or severance of materials from sovereignty lands, the board shall consider the ultimate project and purpose to be served by said use, sale, lease, or transfer of lands or materials.
Redevelopment means the renovation of a previously developed obsolete commercial or industrial parcel of land or building site which suffers from structural vacancy due to the expiration of its former use and requires intervention to achieve a subsequent useful function and come into compliance with all other current environmental and land development regulations.
Riverine floodplain means lands which have a surface water connection to a major freshwater surface water body during the 100-year flood.
Ten-year floodplain means the floodplain that is at or below the ten-year flood elevation, that is, the area which has a statistical probability of one in ten of being flooded in any given year according to the best available data as described in subsection 62-3723(4).
25-year to ten-year riverine floodplain means the floodplain that is at or below the 25-year freshwater flood elevation, but above the ten-year freshwater flood elevation. The 25-year floodplain has a statistical probability of one in 25 of being flooded in any given year according to the best available data as described in subsection 62-3723(4).
(Code 1979, § 14-84.1; Ord. No. 02-08, § 1, 2-26-02; Ord. No. 2015-27, § 1, 9-3-15)
Cross reference
Definitions generally, § 1-2.