§ 62-4391. Definitions.

For the purpose of this division, the following terms shall have the meaning set forth in this section:

Abandoned mine reclamation means the reclamation of mines which require intervention to be made safe, environmentally sound and capable of supporting land uses that are reasonable or economically viable and come into compliance with all other current environmental and land development regulations.

Altered lands means the land areas in which the natural land surface has been disturbed as the result of, or incidental to, land excavation or filling activities.

Annual floodplain means the annual riverine floodplain as defined within article X, division 5, of this chapter.

Aquifer means a saturated geologic formation, group of formations, or part of a formation that transmits groundwater.

Aquifer recharge areas means those areas classified as either prime, class I or secondary aquifer recharge areas by the criteria set forth in article X, division 2, of this chapter.

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.

Blasting agent means any material or mixture, consisting of fuel and oxidizer, intended for blasting and not otherwise defined as an explosive, provided the finished product, ready for use or shipment, cannot be detonated by means of a number 8 test blasting cap when unconfined.

Board means the board of county commissioners.

Class I aquifer recharge areas means the class I aquifer recharge areas defined within article X, division 2, of this chapter.

Clean debris means includes those materials so defined within chapter 94.

Conditional use permit (CUP) means a written warrant, permit or zoning resolution granted by the board in accordance with the provisions of article VI of this chapter authorizing a specified use such as land alterations, private lakes or mining operations.

Construction debris means materials generally considered not to be water soluble and nonhazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard and lumber, from the construction or destruction of a structure as part of a construction or demolition project, or from the renovation or maintenance of a structure.

County means Brevard County, Florida.

Depiction means a representation of the required information using appropriate drawings, maps, illustrations, pictures or other similar visual means.

Detention basin means that element of a surface water drainage system designed and constructed incidental to an approved site development plan or subdivision plan for the purpose of collecting and temporarily storing stormwater in such a manner as to provide for treatment through physical, chemical or biological processes with subsequent gradual release of the stormwater.

Detonator means any device containing a detonating charge that is used for initiating detonation of an explosive and includes, but is not limited to, blasting caps and electric blasting caps of instantaneous and delay types.

Director means the director of the county office of natural resources management, or the director's designee.

Endangered species means species listed as endangered in the Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida, compiled by the state game and fresh water fish commission.

Excavation means the removal of rock, stone, minerals, shell, sand, marl, clay, muck or other like materials by any process from their natural state and location, regardless of whether or not the materials are to be utilized on the site, whether or not the materials are to be offered for sale or trade or bargained for anything of value. Land excavation can include earthmoving, land alteration or private lake activities.

Explosives means any chemical compound, mixture, or device, the primary purpose of which is to function by explosion. The term "explosives" includes, but is not limited to, dynamite, nitroglycerin, trinitrotoluene, other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. "Explosives" does not include cartridges for firearms and does not include fireworks as defined in F.S. ch. 791.

Explosive materials means explosives, blasting agents, or detonators.

Filling activities means the adding of any material to alter the existing topography of the land.

Groundwater means the water occurring beneath the natural land surface.

Haul route means those public and private roads upon which vehicles transporting land excavation or fill materials shall travel.

Isolated wetlands means isolated wetlands as defined within article X, division 4, of this chapter.

Lake means a body of standing water occupying a natural basin or manmade depression in the earth's surface.

Lake creation means land excavation which will result in the creation or enlargement of a lake.

Land alteration means the process of excavating, filling and reclaiming lands.

Land alteration permit (LAP) means a permit issued by the county for the excavation, filling and reclamation of lands within the county.

Land alteration plan means documentation provided to the county with required information describing proposed land alteration activities for the purpose of determining whether a land alteration permit may be issued.

Legal description means a property description as recorded in the office of the clerk of the circuit court for the county.

Littoral zone means a shallow water region typically around the perimeter of a lake, stormwater management system or pond, or within a lake, where there is light penetration to the bottom and which is typically occupied by rooted plants.

Mine means the altered lands that result from the process of removing minerals or other resources from the land including mining and smelting operations, borrow pits, and commercial borrow pits.

Natural topography means the surface of the earth as it exists prior to the commencement of excavation or filling activities, and includes the surface of any land previously excavated or filled, whether reclaimed or not.

100-year floodplain means the 100-year riverine floodplain as defined within article X, division 5, of this chapter.

Person means any corporation, individual, partnership, association or other entity, including any officer or governing or managing body thereof.

Prime aquifer recharge areas means the prime aquifer recharge areas as defined within article X, division 2, of this chapter.

Private lake means a land excavation on private property up to ten acres in size intended to generate fill material for on-site development or to provide a recreational or aesthetic amenity, and where the fill is not removed from the site.

Professional engineer means an engineer registered by the state department of professional regulation.

Professional land surveyor means a land surveyor registered by the state department of professional regulation.

Putrescible materials means any material which decays, including but not limited to trees, lumber, land clearing debris and other organic materials.

Reclaimed land means land upon which reclamation activities have been completed by the applicant and approved by the county.

Reclamation means the restructuring, reshaping and revegetation of altered lands and water bodies to achieve a safe, environmentally sound condition, capable of supporting land uses that are reasonable or economically viable, and come into compliance with all other current environmental and land development regulations.

Reclamation plan means the plan submitted to the county which describes the filling, backfilling, restructuring, reshaping and revegetation of a land alteration-site and describes the proposed activities which are intended to occur on the property after land alteration ceases and reclamation has been completed. This plan will set forth the process of restoration to be followed, provide the required details of how and when reclamation will be accomplished and demonstrate how the property may be utilized as productive land after land alteration has been completed.

Reclamation unit means a specified area of land upon which restoration or reclamation activities will be accomplished within a specified period of time as specified in the land alteration permit.

Removal of vegetation means land clearing as defined within division 3 of this article.

Resource of particular concern means an area as identified and designated for protection within management documents by the county, including but not limited to archaeological resources, conservation areas and easements, wetlands, floodplains, recharge areas, surface waters and wildlife corridors established by county, state or federal agencies.

Retention basin means that element of the stormwater management system such as infiltration reservoirs or basins, usually dry, which provide complete on-site storage of a specific volume of stormwater runoff.

Secondary recharge areas means the secondary recharge areas as defined within article X, division 2, of this chapter.

Species of special concern means species listed as being of special concern in the Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida compiled by the state game and fresh water fish commission.

Stormwater management system means the designed features of any property which collect, convey, channel, hold, inhibit or divert the movement of stormwater. This definition includes but is not limited to retention and detention basins.

Ten-year floodplain means the ten-year riverine floodplain as defined within article X, division 5, of this chapter.

Threatened species means species listed as threatened in the Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida compiled by the state game and fresh water fish commission.

25-year floodplain means the 25-year riverine floodplain as defined within article X, division 5, of this chapter.

Wetlands means wetlands as defined within article X, division 4, of this chapter.

(Code 1979, § 14-112.1; Ord. No. 04-06, § 1, 2-24-04; Ord. No. 06-67, § 2, 12-12-06; Ord. No. 07-16, § 3, 4-27-07; Ord. No. 2013-17, § 1, 5-28-13)

Cross reference

Definitions generally, § 1-2.