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 |
§ 62-3723. General provisions.
All site plans, subdivision plats, building permits, and other active development orders shall be reviewed by the natural resources management department to determine their impact upon the estuarine, isolated, and riverine floodplains. The following regulations shall apply to development in designated floodplains and floodprone areas:
(1)
The following uses shall be permitted within the riverine 100-year, riverine 25-year, riverine ten-year, estuarine, and isolated floodplains of the county:
(a)
Agricultural pursuits, including forestry silviculture operations, utilizing best management practices, and agricultural structures which will not restrict the flow of floodwaters above the ten-year floodplain elevation;
(b)
Recreation consistent with the requirements of the floodplain;
(c)
Fish and wildlife management; and
(d)
Open space.
All site plans, subdivision plats, building permits, and other active development orders shall meet floodway criteria in chapter 62, article XI, division 3, standards for flood hazard reduction, section 62-4062(5).
(2)
Development within floodplain areas shall not have adverse impacts upon adjoining properties.
(3)
Development within all floodplains shall be required to obtain a land alteration permit, if subsequently required by ordinance, with the exception of residences which are limiting fill to house pads, septic systems and single access roads. However, the amount and placement of fill being used must be included within the building permit applications for such single-family residences. This exception is not an exemption from 44 CFR § 60.3(a)(1), (b)(1), (c)(1), (d)(1), or (e)(1), but only from the requirement of obtaining a land alteration permit under article XIII, division 4.
(4)
Elevations of the riverine 100-year, riverine 25-year, and ten-year floodplains shall be determined utilizing the best available data, which includes FIRM maps and the Flood Insurance Study for Brevard County, Florida and Unincorporated Areas, April 3, 1989, prepared by the Federal Emergency Management Agency; and the Mean Annual, ten-year, 25-year and 100-year Profiles for the Upper St. Johns River Under the Existing Conditions, prepared by Dr. Donthamesetti V. Rao, P.E., St. Johns River Water Management District (March 1985).
(5)
Development in isolated floodplain areas shall ensure that off-site post development stormwater discharge rates shall not exceed off-site predevelopment discharge rates. All site plans, subdivision plats, building permits, and other active development orders shall meet the criteria in chapter 62, division 6, stormwater criteria, and article XI, division 3, standards for flood hazard reduction, section 62-3724(e)(4) as it relates to isolated floodplains.
(6)
All site plans, subdivision plats, building permits, and other active development orders shall meet standards for flood hazard reduction criteria in chapter 62, article XI, division 3, and stormwater criteria in chapter 62, division 6.
(7)
Development practices shall be encouraged to minimize total imperviousness and runoff within the riverine floodplain and preserve the flood storage capacity in order to minimize cost to life and property. Practices may include clustering of developed area, provisions for open space, low impact design features, and floodproofing.
(Code 1979, § 14-84.2; Ord. No. 02-08, § 3, 2-26-02; Ord. No. 2014-14, § 1, 5-1-14; Ord. No. 2015-27, § 2, 9-3-15)