Brevard County |
Code of Ordinances |
CODE OF ORDINANCES OF BREVARD COUNTY, FLORIDA VOLUME II |
Chapter 62. LAND DEVELOPMENT REGULATIONS |
Article XIII. LANDSCAPING, TREE PROTECTION, LAND CLEARING AND LAND ALTERATION |
Division 5. PRIVATE LAKES |
SubDivision I. General Provisions |
§ 62-4457. Design and construction guidelines; time limit for completing excavation.
(a)
Prior to commencement of excavation for a private lake, a copy of applicable county, water management district, state and federal permits or exemptions shall be filed with the office of natural resources management.
(b)
The applicant shall have 90 days after a private lake permit has been issued to complete excavation whenever the total acreage of private lakes within a single parcel is no larger than five acres. One extension, not to exceed 30 days, may be granted by the office of natural resources management.
(c)
The applicant shall have 180 days after a private lake permit has been issued to complete excavation whenever the total acreage of all private lakes within a single parcel is greater than five acres.
(d)
Blasting or use of explosives as a means of excavating a private lake is prohibited.
(e)
No excavation or material removal operations shall be conducted between one-half hour after sunset and one-half hour before sunrise.
(f)
When completed, the side slopes around the perimeter of the lake shall be no steeper than five feet horizontally to one foot vertically to a normal water depth of at least five feet below the water surface. Average slopes below five feet water depth shall be no steeper than two feet horizontally to one foot vertically. Slopes may be shallower than five to one to satisfy littoral zone requirements.
(g)
No portion of a lake shall exceed 12 feet in depth below the mean water level, unless it is part of a required stormwater management system which has received a waiver of depth requirements from the board of county commissioners.
(h)
Discharge of waters from a private lake, including water generated by dewatering activities during construction, into a county-maintained stormwater management system or onto surrounding parcels is prohibited, unless applicable county stormwater discharge permits, St. Johns River Water Management dewatering permits, or any other federal or state agency permits have been obtained.
(i)
In areas which are served by public water supply systems, artesian wells may be used to maintain lake levels. The director shall determine which methods are appropriate to maintain lake levels. Where a bottom liner is used, a float actuator must also be installed to prevent discharge from the lake or negative impacts to adjoining properties. Where a float actuator is utilized without a liner, the lake level must be set at an appropriate level, as determined by the director, such that discharge will not occur off-site or negatively impact adjoining properties. In areas which are served by a private water supply system, artesian wells may not be used to maintain lake levels or to flush lakes except for lakes used for agricultural purposes.
(Code 1979, § 14-113.5)