§ 9.11.00. Lot grading.

A.

Lot Grading. Lot Grading is the movement, extraction and/or placement of soils within the limits of an individual residential lot or parcel boundary.

1.

Lot Grading shall not adversely affect surrounding or downstream wetlands, floodplains or neighboring property. Runoff directed to drainage easements shall not be considered an adverse impact. The volume, rate and quality of stormwater runoff shall be consistent with conditions prior to the lot grading, or consistent with approved site or lot grading plans.

2.

Reasonable measures to prevent the erosion of soils due to the action of water and wind shall be taken. Measures shall include the following as appropriate:

a.

Limit clearing to expose the smallest possible area;

b.

Immediately vegetate with sod, seed, mulch or other equivalent forms of landscaping in all exposed areas;

c.

Provide silt fencing, berms, or staked hay bales for protection from erosion, and/or:

d.

Provide a source of water for application to dry exposed soil in order to prevent wind erosion during construction.

3.

Elevation changes in topography shall not exceed a maximum of ten (10) feet except for the footprint of the structure.

4.

Graded slopes shall be rounded and shaped to blend with naturally occurring slopes at a radius compatible with the existing natural terrain and shall follow the natural contours, unless terracing techniques are used. Retaining walls shall not exceed six (6) feet in height. Spacing between retaining walls used in terracing shall be no less than six (6) feet.

B.

Exempt Activities. The following activities are exempt from lot grading requirements, and no inspection or lot grading plan shall be necessary:

1.

Any permitted improvement that does not increase the impervious surface area and does not change the existing grade.

2.

Additional impervious areas consisting of two hundred (200) cumulative square feet or less on a lot where the additional impervious area is offset at least five (5) feet from the property line and where no earthwork takes place in the offset area.

3.

Additional impervious areas consisting of three hundred (300) cumulative square feet or less on a lot where the additional impervious area is offset at least ten (10) feet from the property line and where no earthwork or grading takes place in the offset area.

4.

Additional impervious areas consisting of five hundred (500) cumulative square feet or less on a lot where the additional impervious area is offset at least fifteen (15) feet from the property line and where no earthwork or grading takes place in the offset area.

5.

Additional impervious area of any size on a lot greater than one-half (½) acre where the additional impervious area is offset at least twenty (20) feet from the property line and where no earthwork takes place in the offset area.

6.

Additional impervious surface that intrudes into any portion of the setback that is within five (5) feet of the side or rear property line, provided that:

a.

Impervious surface is installed in no more than two (2) areas with a maximum size of four (4) feet by four (4) feet each, for the purpose of supporting mechanical equipment, pool equipment, step-off pads and other similar uses; and

b.

A detailed plan is submitted by the owner or applicant demonstrating that stormwater will be conveyed in a way to protect neighboring property. Drainage pipes, underdrains, inlets, or other approved methods may be used to convey the stormwater. The plan shall be reviewed and approved prior to construction of an alternative method of stormwater conveyance.

C.

Lot Grading Requirements in Subdivisions where Mass Grading Plan was Approved in Connection with Subdivision Approval.

1.

In a subdivision where a mass grading plan was approved by the County in connection with the approval of a subdivision plat, any lot grading which occurs on a lot shall be consistent with the mass grading plan. A lot grading plan shall not be required for grading on the individual lot, but inspection of the lot shall be conducted to ensure that the lot grading is consistent with the mass grading plan.

2.

Should an individual lot owner wish to conduct lot grading which is inconsistent with the mass grading plan for the subdivision, prior to the lot grading taking place a lot grading plan shall be required to be submitted and approved as provided below.

D.

Simplified Lot Grading Approval for Lots in Subdivisions where no Mass Grading Plan has been Approved or Individual Residential Lots not in Subdivisions. Lots in subdivisions where a mass grading plan has not been approved, or residential lots outside of subdivisions may utilize a simplified lot grading approval if the provisions of this subsection are met. If the required provisions have been met, a lot grading plan shall not be required, but inspection of the lot shall be conducted by the County to insure that the lot grading is consistent with this subsection. The approximate change in elevation shall be included on the plot plan required under Section 14.14.02 of these Regulations. The lot grading approval is authorized in the following situations:

1.

The requirements of subsection (A) shall be complied with; any proposed driveway (other than a shared driveway) is five (5) feet or more from the property line; the change in grade shall be no more than one (1) foot above the ground level as it existed prior to any lot grading and no grading shall occur within five (5) feet of the property line.

2.

The requirements of subsection (A) above shall be complied with; any proposed driveway (other than a shared driveway) is five (5) feet or more from the property line; the change in grade shall be no more than two (2) foot above the ground level as it existed prior to any lot grading and no grading shall occur within ten (10) feet of the property line.

3.

The requirements of subsection (A) shall be complied with; any proposed driveway (other than a shared driveway) is five (5) feet or more from the property line; and stem walls are used in construction resulting in slopes no greater (steeper) than a ratio of four to one (4:1) (horizontal to vertical) on the lot.

E.

Lot Grading Plan Requirements.

1.

A lot grading plan shall be submitted and approved prior to the start of the lot grading if it does not qualify as exempt or does not qualify for the simplified lot grading approval. The plan shall identify the Federal Housing Agency grading type used.

2.

A lot grading plan shall be submitted and approved prior to the start of any lot grading that would impact flood zones or wetlands.

3.

The lot grading plan submittal shall be from a Florida licensed professional landscape architect, surveyor, or engineer showing existing elevations and proposed elevations for finished floor, and proposed lot grading. Spot elevations for existing and proposed grades shall be required at property corners and the street centerline, and must detail a proposed drainage pattern. If necessary in order to evaluate impacts to adjacent lots or properties, as determined by the County Manager or designee, a partial topography survey (spot elevations) that includes adjacent lots shall be required.

4.

The lot grading plan shall be reviewed by the County Manager or designee utilizing the requirements of subsection (A) and the following:

a.

Where filling is necessary, the property owner shall demonstrate that stormwater runoff will be managed to not adversely affect adjacent or nearby properties.

b.

Filling or cutting shall not result in slopes directed toward or away from adjoining properties steeper than four to one (4:1) (horizontal:vertical) within five (5) feet of the property line.

c.

Swales shall be required to divert runoff around any structure so as to not adversely impact the structure, adjacent property owners, open water bodies, or wetlands.

(Ord. No. 2016-18, § 2, 5-17-16)

Editor's note

Ord. No. 2016-18, § 2, adopted May 17, 2016, renumbered § 9.07.14, as § 9.11.00 and amended it to read as set out herein. Previously § 9.07.14 was titled "Grading."