(CS) Particular to Coastal Setback Code
(EM) Particular to Earthmoving Code
(WNCA) Particular to WNCA Code
Aboriginal means of or relating to original peoples of
Florida.
Abrogate means to abolish by authoritative action.
Abutting Property means any property that is immediately
adjacent to, or contiguous with, or that is located immediately
across any road or right-of-way from property that may be
subject to any review or hearing required to be held under the
Sarasota County Code.
Access Ramp means that part of a dock or pier which is connected
to uplands and leads to a terminal platform.
Adduced means to offer as example, reason, or proof in
discussion or analysis.
Administrator means the Sarasota County Administrator, or
an administrative official of Sarasota County government
designated by the County Administrator to administer and enforce
the provisions of the Sarasota County Code.
Agriculture. A commercial enterprise using lands
classified by the County Property Appraiser under the
agricultural assessment provisions of F.S. § 193.461 for the
production and marketing of agricultural products.
Altering shall include, but not be limited
to, dredging, filling, placing, building, keeping, maintaining,
erecting, extending, or making any other material change to
lands or structures located within the jurisdictional area of
the Code, the use of which requires a permanent or temporary
location on or above the ground, bottomland, water area or water
surface, or attachment to a structure having a permanent or
temporary location on or above the ground, bottomland, water
area or water surface. It includes permanent or temporary
physical changes to elevations or slopes, or the installation of
any pilings, boat-lifts, or other structures or fixtures, as
well as the installation of any other appurtenant structures
such as floating docks and lifts, whether or not such floating
structures are licensed as "vessels."
Alluvial means clay, silt, sand, gravel, or similar
material deposited by running water, streams, rivers, etc.
Anaerobic means living, active, occurring, or existing in
the absence of oxygen.
Applicant means the individuals, firms, partnership,
corporation, association, organization, trust, company,
government agency, or any other legal entity that has applied
for a development proposal.
Appurtenance means an incidental right (as a
right-of-way) attached to a principal property right and passing
in possession with it.
Appurtenant Structure is a term used to define an
auxiliary or accessory structure such as a boat-lift that is
attached to a primary structure such as a dock.
Aquiclude means a geologic formation that surrounds an
aquifer.
Aquifer means an underground layer, cavern or area that
stores water.
Authority means the Sarasota County Water and Navigation
Control Authority (WNCA).
Barrier Island Pass Twenty-Year Hazard Line (PHL) means
the lines described in Exhibit "A" attached to Ordinance No.
86-24 and incorporated therein.
Bayhead means a specific type of wetland where the
overstory vegetation is dominated by red bay (Persea borbonia)
or swamp bay (Persea palustris).
Beach Cleaning and Grooming means the clearing of
seaweed, debris, dead fish, and other trash, and the burying of
dead fish, and to groom the beach by raking and leveling,
provided that such activity shall not disturb existing beach or
dune vegetation, nor shall such activity change the final ground
elevations greater than one foot.
Benthic means of, relating to, or occurring at the bottom
of a body of water.
Berm means a narrow shelf, path, or ledge typically at
the top or bottom of a slope, ditch, etc. Also a mound or wall
of earth.
Berthing Area is used to define the area immediately
surrounding a dock where a moored boat must travel through in
order to egress the dock.
Board means the Board of County Commissioners of Sarasota
County, Florida.
Boat means a vehicle designed for operation as a
watercraft propelled by sails, or one or more electric or
internal combustion engine(s). For the purpose of the Code, the
word boat does not include canoes and kayaks.
Boat Facility means a public or private structure or
operation where boats are moored and/or launched, including
commercial, recreational, and residential marinas, and public
boat ramps. A dry storage facility is considered part of a boat
facility if the dry storage facility has the capability of
launching vessels into adjacent waters. For the purpose of the
Code, single-family docks with less than five wet slips are not
considered boat facilities.
Boat Facility Siting Plan means a component of the
Manatee Protection Plan, which is a County-wide guidance
document for the future development, construction and expansion
of boat facilities. The plan specifies preferred locations for
boat facility development based on an evaluation of manatee
protection needs, potential natural resource impacts, zoning and
future land use compatibility.
Boat-lift means a fixed or floating device utilized for
lifting, hoisting and launching vessels.
Boat Ramp means a sloped surface structure, or man-made
improvement to a shoreline area that facilitates the launching
and landing of boats into or from a water body.
Bog means a specific type of wetland that has wet spongy
ground, is poorly drained, is acid rich in accumulated plant
material, and typically contains sedges.
Borrow Pit means an area that
has been and can be continuously excavated to provide fill,
soil, etc.
Buffer means an area of upland vegetation located
immediately adjacent to a wetland habitat.
Buoyant means capable of floating.
Burying means placing Type B, C or D Fill, including yard
trash, below original grade.
Cantilevered means a structure that is supported at one
end and carrying a load at the other end or distributed along
the unsupported portion.
Casing means the pipe that covers or seals a well.
Cementitious means having the properties of cement.
Clear Trunk. The height of the trunk of a palm tree
measured from the ground to the point where the lowest green
frond is attached to the trunk.
Closure means cleaning up and securing an earthmoving
operation, including removing material stockpiles associated
with a recycle facility, upon cessation of operation such that
there is no threat to public health, safety, or the environment.
Closure Plan means a plan which describes reclamation
measures to clean up and close an earthmoving operation
authorized under a Level II or Level III Earthmoving Permit and
addresses monitoring, maintenance, and bonding requirements.
Coastal Area means the area that encompasses the barrier
islands, bayfront, mainland, gulf and bay waters, and all other
navigable waters contiguous to bay waters, and all areas at or
below the five-foot NGVD contour line.
Coastal Armoring means shore protection structures
including seawalls, bulkheads, groins, jetties, breakwaters, or
any other similar shoreline hardening structure.
Coastal Construction Control Line means the Coastal
Construction Control Line (formerly known as the Coastal
Construction Setback Line) for Sarasota County as approved by
the Head of the State of Florida Department of Environmental
Protection (Governor and Cabinet) under the provisions of F.S.
1977 § 161.053, and amended in 1986.
Coastal Hammock means a native habitat,
including clusters of overstory and understory, described and
protected within the Environment Chapter of the Sarasota County
Comprehensive Plan, Apoxsee and the Sarasota County Code.
Coastal System means the beach and upland dune
system and vegetation seaward of the Gulf Beach Setback Line;
swash zone; surf zone; breaker zone; offshore and longshore
shoals; hardbottom communities, seagrass beds, wetlands, and
bars; tidal, wind and wave driven currents; longshore and
onshore/offshore drift of sediment materials; inlets or their
ebb and flood tide shoals and zones of primary tidal influence
and all other associated natural and manmade topographic
features and structures.
Code Administrator means the Sarasota County
Administrator, or an administrative official of Sarasota County
Government designated by the County Administrator to administer
and enforce the provisions of a Code.
Comprehensive Plan means the Environment Chapter of the
Revised and Updated Sarasota County Comprehensive Plan as
adopted under Ordinance No. 89-18, as amended, to comply with
the Local Government Comprehensive Planning and Land Development
Regulation Act of 1985.
Conceptual Permit means a permit approved by the Board
and issued by the Earthmoving Ordinance Administrator which
approves the concept of a Master Plan for Level III Earthmoving.
Condition Classification. A rating of a plant based on
its current structural integrity and state of health as defined
by the "Guide for Plant Appraisal" latest edition, published by
the International Society of Arboriculture.
Construction (CS) means the placing, building, erection,
extension, or material alteration of any structure the use of
which requires a permanent or temporary location on the ground
or attachment to a structure having a permanent or temporary
location on the ground. "Construction" shall include the
installation of parking lots, driveways, tennis courts, swimming
pools, patios, or any similar hard surfaced structures.
Construction Plan or Site (EM) means any plan or site
which has a valid construction authorization (as defined in the
Land Development Regulations) from the County's Land Development
Services office or has a valid building permit and approved lot
grading plan issued by the County showing the full extent of
filling, or has a permit in accordance with the provisions of
this article.
County. Means Sarasota County, a political subdivision of
the State of Florida.
County Administrator means the Sarasota County
Administrator, or an administrative official of Sarasota County
government designated by the County Administrator to administer
and enforce the provisions of the Sarasota County Code.
Creation means establishing new wetlands or surface
waters by converting other land forms.
Davit means a cantilevered lifting device mounted
directly to a wood or concrete piling.
Deadmen is a concrete block structure that is buried
landward of a seawall that provides structural support via iron
rods known as tie-backs.
Depressional Hydric Lands means low lying elevation
pocket areas within a dune system that are similar to ephemeral
wetlands.
Development. A subdivision of land or a site and
development as defined by the Land Development Regulations, a
residential mobile home park, or any other construction, whether
residential, commercial, industrial, office, professional,
institutional, or recreational, except a one-family or
two-family dwelling on an individual lot.
Development Proposal includes, but is not limited to,
Water and Navigation Control Authority (WNCA) permit
applications, rezone and special exception petitions,
earthmoving permit applications, building permit applications,
applications for a development of regional impact and/or
development of critical concern, and all proposals reviewed
under the Land Development Regulations.
Diameter at Breast Height (DBH). The diameter of the
trunk measured at breast height, which is 54 inches above the
ground. When low branches or stems preclude measuring the trunk
at 54 inches, the smallest circumference of the trunk below the
lowest branch or stem juncture shall be the measure of DBH.
Dock means a fixed or floating structure consisting of
pilings, structural supports, decking, and all appurtenances,
extending from the shore over water, used for the purpose of
securing and providing access to buoyant vessels.
Drainageways means ditches, flow-ways, waterways, etc.,
that serve to direct stormwater.
Drawdown means a lowering of a water level.
Dredging means excavating, by any means, in surface
waters or wetlands. It also means excavating, or creating, a
water body which is, or is to be, connected to any surface
waters or wetlands directly or via an excavated water body or
series of water bodies.
Drip Line. An imaginary vertical line running from the
outermost branches or portion of the tree crown to the ground.
Driving Range means an area equipped with distance
markers, clubs, balls, and tees for practicing golf drives.
Dry Retention Facility is a sodded depression designed to
hold stormwater for a fixed period of time, then dry out as
water is lost through percolation and evaporation.
Dry Slip means a space designed for the storage of single
watercraft in an upland location with access to a waterway from
the upland location.
Dry Storage Facility means an upland structure or area used for
storing watercrafts.
Dune means a mound, bluff, or ridge of loose sediment,
usually sand-sized sediment, lying upland of the beach and
deposited by any natural or artificial mechanism, which may be
bare or covered with native vegetation and is subject to
fluctuations in configuration and location. Often the dunes of
Sarasota County are low-lying with little noticeable variation
in elevation. The native vegetation of a dune can often be
displaced by nonnative invasive/nuisance plant species.
Undeveloped areas of a dune dominated by nonnative species
remain a dune.
Dune System means a combined area of undeveloped dunes
that comprises a native habitat, described and protected within
the Environment Chapter of the Sarasota County Comprehensive
Plan, Apoxsee and the Sarasota County Code. The system, or area,
may incorporate depressional hydric lands and may be dominated
by native dune vegetation other than sea oats or nonnative
invasive/nuisance plant species. Undeveloped areas of dune
systems dominated by nonnative plant species remain a dune
system.
Earthen Material means rock, soil, etc., coming from the
earth.
Earthmoving means excavating lakes, pits, and
depressions, and/or mounding, stockpiling, creating berms,
installing or transporting Type A, B, C or D Fill.
Ebb means the flowing back of the tides toward the sea.
Ecosystem means a community of plants and animals in an
environment functioning as an ecological unit.
Egress means to exit or an exit way.
Emergency. Any man-made or natural disaster which is
specifically declared to be an emergency through a resolution
adopted by the Board of County Commissisoners.
Enhancement means improving the ecological value of
wetlands, other surface waters, or uplands that have been
degraded when compared to their historic condition.
Environmental Technical Manual means that section of the
County's Land Development Regulations containing the technical
specifications for mitigation areas, littoral zones, and other
environmental systems.
Equalizer Pipes typically connect one lake or pond to
another lake or pond with the purpose of equalizing the amount
or level of water in each lake or pond.
Excavation (EM) means the act or process of creating a
lake, borrow pit (whether or not materials are removed for
commercial purposes), pond, retention area, swale, ditch, or
depression.
Excavation (CS) means the removal, addition, or
alteration of soil, sand or vegetation by digging, dredging,
filling, drilling, cutting, scooping, or hollowing out.
Existing Facility means a boat facility that has been
legally authorized in accordance with the Sarasota County Water
and Navigation Control Authority (WNCA) Code as of its effective
date. In addition, an existing facility means a boat facility
that is legally authorized by an active County permit to be
constructed as of the effective date of the WNCA Code. If the
County authorization for a boat facility expires prior to the
facility being constructed, and the effective date of the Code
has occurred, the facility shall not be considered an existing
facility.
Facultative Plants are plants that are so problematic in
their distribution as to render them inappropriate for
indicating inundation or soil saturation.
Facultative Wet Plants are plants that under natural
conditions typically exhibit their maximum cover in areas
subject to surface water inundation and/or soil saturation, but
can also be found in an upland.
Fauna means animal life typical of a certain region or
habitat.
Feral Animals means animals that have escaped or been
removed from domestication and have become wild.
Fill Removal means the removal by mechanical means of
fill from the site of generation.
Filling (EM) means the placement, spreading, covering, or
burying of Type A, B, or C Fill on a site. Filling does not
include stockpiling.
Filling (WNCA) means depositing of materials in surface
waters or wetlands, by any means.
Finger Piers is a term used to define dock structures
that extend perpendicular to a main dock structure providing
additional mooring areas.
Floating-Leaved Species is a term that refers to certain
wetland plant species (e.g., lily pads) that typically have
leaves that float on the water surface.
Floodplain means an elevation or level of land that may
be submerged by floodwaters.
Flora means plant or bacterial life characteristic of a
region, period, or special environment.
Florida Building Code is part of the Florida Statutes and
contains the regulatory requirements and standards for building
any structures in the State of Florida.
Florida Land Use, Cover and Forms Classification System (FLUCCS),
is a classification system of land uses that was developed by
the Florida Department of Transportation. The system
incorporates native habitat classifications that are commonly
utilized by environmental professionals throughout the State of
Florida.
Forage means to search for one’s food in a habitat.
Forested Wetland means a specific type of wetland where
trees are a primary component to the habitat. Examples can
include maple swamps and pop-ash swamps.
Gardening means filling, excavating, grading, or mounding
to prepare a plot for the cultivation of herbs, fruits, flowers,
and vegetables. This does not include the creation of an
agricultural row crop field or a pasture for commercial
purposes.
Golf Course means any public or private area of land
designed and used for playing or practicing the game of golf,
including tees, fairways, greens, rough areas, and hazards as
well as stand-alone driving ranges. A golf course will also
include the following uses if they are accessory to the above
uses: driving ranges, practice greens, clubhouses, and all
facilities associated with the maintenance and daily operations
of the above-referenced areas. Club facilities such as locker
rooms, restaurants and lounges, pro shops, and other
complementary uses are considered part of a golf course.
Alternative learning facilities such as First Tee program with
less than nine (9) holes are excluded.
Grand Tree. Any tree that has been determined by the
Administrator to have the characteristics as outlined in Section
54-586, Article XVIII of the Tree Protection Code or any tree
designated a Florida State Champion, United States Champion, or
World Champion by the American Forestry Association.
Grassing means seeding, sodding and/or sprigging golf
course tees, greens, fairways and roughs in preparation for
play.
Groin means a rigid structure built out from a shore to
protect the shore from erosion, to trap sand, or to direct a
current for scouring a channel.
Gulf Beach Setback Line (GBSL) means a line congruent to
the Coastal Construction Control Line established in 1978 for
Sarasota County.
Habitable Area means a roofed portion of a residence or
structure that is designed primarily for human occupancy and is
a potential location for shelter from storms. Habitable areas
are calculated by measuring exterior wall to exterior wall.
Habitable areas are not a garage, pool, patio, deck, or a green
house. For purposes of calculating habitable area pursuant to
Section 54-723(e)(1) and 54-723(f)(8), garage space that may be
legally enclosed and converted to habitable space under Chapter
54, Article XVI (Floodprone Areas Code) and Chapter 22 (Building
Code) of the Sarasota County Code of Ordinances will be
considered habitable area under this definition.
Haul Route means the route or routes connecting the site
of excavation or fill, as described by the permit application,
with one or more public roadways under the jurisdiction of
Sarasota County, of the functional classification of "collector"
or "arterial," as adopted by the County in the thoroughfare plan
of the Sarasota County Comprehensive Plan. The "Haul Route"
shall include the intersection with the collector and arterial
and also include any required turn lanes and traffic control
devices.
Herbaceous Wetland means a specific type of wetland where
trees are not a primary component of the habitat and most of the
vegetation has little or no woody characteristics.
Historic Resources means prehistoric or historic
districts, sites, buildings, objects, or other real or personal
property of historic, architectural, or archaeological value.
Hydric means characterized by, relating to, or requiring
an abundance of moisture.
Hydrology deals with the properties, distribution, and
circulation of water on and below the earth's surface, within
habitats and in the atmosphere.
Hydro-period means the cyclical changes in the amount or
stage of water in a wetland habitat.
Hydrophytic Macrophyte means a plant growing in water or
in soil too waterlogged for most plants to survive.
Impervious means not allowing water to absorb, pass
through, or soak in.
Importation means the conveyance, by any means, of plants
into SarasotaCounty.
Injunctive Relief means to relieve or to lessen the
degree to which a court’s requirement to do or to refrain from
doing a specified act shall be adhered to.
Ingress means to enter or an entrance way.
Integrated Pest Management (IPM) means a decision making
process for managing pests that uses monitoring to determine
pest injury levels and combines biological, cultural, physical,
and chemical tools to minimize health, environmental and
financial risks. IPM uses extensive knowledge about pests, such
as infestation thresholds, life histories, environmental
requirements and natural enemies to complement and facilitate
biological and other natural control of pests. The method uses
the least toxic synthetic pesticides only as a last resort to
controlling pests.
Internodal means the interval or space between two
branches.
Invasive Plant/Species means a non-native plant or tree
that spreads and out competes native species. They are generally
considered undesirable in this area.
Invert Elevation refers to how control structures are set
in order to allow or prevent a certain amount of water to enter
or exit a stormwater system.
Land Clearing Debris is uprooted or cleared vegetation
resulting from a land clearing operation and does not include
yard trash.
Land Development Regulations means Sarasota County
Ordinance No. 81-12 or its successor.
Landfill is the spreading, covering, or burying of Type
A, B, C or D Fill within a County-operated landfill.
Landscaping means filling, excavating, grading, or
mounding with Type A Fill or mulch material for the purposes of
planting vegetation (e.g., grass, ground covers, shrubs, hedges,
and trees) and installing or [of] supporting structural
landscape architectural features (e.g., rock, fountains,
waterfalls, sculpture, decorative walls, and tree walls).
Lateral Pedestrian Access means the right of the public
to traverse public beach areas including the wet sandy beach.
Lawful Drainage Systems means stormwater conveyances,
including swales and ditches that existed prior to 1981 or are
authorized by the County's Land Development Services office.
Limited Flight Ball means a special type of golf ball
designed to travel a shorter distance when struck at a driving
range to control the maximum range of the ball.
Listed Species means any animal categorized by the
Florida Fish and Wildlife Conservation Commission as endangered,
threatened, or of special concern pursuant to Florida
Administrative Code Rules 39-27.003, 39-27.004, and 39-27.005;
or any plant or animal categorized by the United States Fish and
Wildlife Service as endangered or threatened pursuant to 50 CFR
17.11-12.
Littoral Zone (EM) is that portion of any lake, borrow
pit, or pond measured from seasonal high-water elevation in
water bodies where water elevation is not controlled by
structures, or from the overflow elevation in water bodies where
water elevation is controlled by structures, to a depth of three
feet. Littoral zones typically support rooted aquatic
vegetation. Littoral zones also include those areas in salt or
brackish water (gulf, bay, estuary) from the mean high-water
elevation to a depth of three feet.
Littoral Zone (WNCA) means that part of a water body
which is inundated under normal conditions to a depth of three
feet or less as measured from the mean low water (MLW)
elevation. Littoral Zones typically support rooted aquatic
vegetation, including mangroves, marsh grasses, and seagrasses.
Long-Shore Shoals means sandy shoals typically created by
net littoral sand drift that are located nearby the beach area.
Lot. Includes "tract" or "parcel" and means the least
fractional part of subdivided lands having fixed limited
boundaries and an assigned number, letter, or other name through
which it may be identified.
Maintenance Excavation means the performance of any
dredging of an existing, functional channel for the purpose of
restoring the channel to its previous design configuration, so
as not to exceed dimensions of original construction.
Maintenance Facilities means facilities associated with
maintaining a golf course including but not limited to equipment
wash facilities; chemical mixing, loading and storage
facilities; fertilizer storage and mixing facilities; fueling
and fuel storage facilities; and waste petroleum storage
facilities.
Maintenance of Coastal Structures means performing any
repairs that restore existing, functional structures to their
original design specifications, so as not to exceed the
dimensions of original construction.
Manatee Protection Plan means a State approved summary of
manatee data, strategies, and management actions aimed at
protecting manatees in a specific area or county.
Marginal Dock means a fixed or floating structure, placed
immediately contiguous and parallel to a functional vertical
bulkhead, or within five feet of the waterward edge of a
revetment.
Master Plan is a plan which includes the
boundaries and a description of the general design and operation
of a commercial borrow pit, a development, or a recycle
facility.
Minor Topographical Changes means recontouring which has a net
result in less than a one-foot change above or below existing
grade.
Mitigation means an action or series of actions taken to
offset the adverse impacts that would otherwise cause a
regulated activity to fail to meet permitting criteria.
Mitigation usually consists of restoration, enhancement,
creation, preservation, or a combination thereof.
Monoculture means an area where only a single species of
plant exists.
Mooring is a location where one vessel is berthed or
stored. Types of moorings, include, but are not limited to,
anchorage, beached or blocked, dry stack, hoist, ramp, seawall,
trailer, or wet slip.
Mounding means stockpiling in a linear fashion.
Morphological means a branch of biology that deals with
the form and structure of animals and plants.
Myakka River (or River) Area means the corridor of land
beneath and surrounding the Myakka River from river mile 7.5 to
river mile 41.5, together with a corridor of land including the
maximum upland extent of wetlands vegetation as determined by
the Department of Environmental Protection pursuant to F.S. ch.
403, and Florida Administrative Code Chapter 62-340.
Myakka River Wild and Scenic Protection Zone. Myakka
River (or River) Protection Zone or Area means the same as the
"wild and scenic protection zone". The upland buffer that
extends 220 feet on each side of the Wild and Scenic segment of
the Myakka River (from river mile 7.5 to river mile 41.5),
measured from the landward edge of the Myakka River area.
Native Habitats in Sarasota County are defined and listed
in Apoxsee, Chapter 2, the Environment. Native habitats include
but are not limited to dunes, beaches, coastal hammocks, mesic
hammocks, seagrass beds, oyster beds, mangrove swamps, wetlands,
scrubby flatwoods, pine flatwoods, etc.
Native Plant means a plant species that occurred
naturally within the immediate region of Sarasota County at the
time of European contact (1539 A.D.) and that was not introduced
from elsewhere.
Natural Regeneration. The regeneration of a stand of
timber by leaving a minimum of 15 mature healthy trees per acre
appropriately spaced to act as seed trees.
Navigable Waters includes all waters in the coastal area
that are sufficiently deep or wide to provide passage for boats.
Nephelometric means an instrument for measuring the
extent or degree of cloudiness or turbidity in the water.
NGVD, or National Geodetic Vertical Datum, is a reference
that has been adopted as a fixed standard for surveying heights,
elevations, etc.
Non-Native Species means those plant or animal species
that are not indigenous or native to Florida.
Nonhabitable Area means that portion of the residence or
structure that is not designed primarily for human occupancy or
shelter from storms. These include, but are not limited to
garages; pools; roofed porches that are open to the elements on
one or more sides; patios; decks; or green houses.
Non-Point Source is a type of pollution that cannot be
traced to one single point.
Nuisance Species means a plant species that is
difficult to manage or control because of its ability to rapidly
grow, reproduce and spread, often to the detriment of native
species.
Obligate Plants are those plant species that under
natural conditions are only found or achieve their greatest
abundance in an area that is subject to surface water abundance
and/or soil saturation.
Off-Site means adjacent or neighboring properties, public
or private rights-of-way or easements, conservation areas,
preservation areas, or common areas.
Ordinance Administrator means the
Sarasota County Administrator, or an administrative official of
Sarasota County Government designated by the County
Administrator to administer and enforce the provisions of the
Sarasota County Code.
Original Grade means the original contouring,
elevations, etc. of the soil in a given place before it was
excavated or filled.
Overstory means the layer of foliage in a forest canopy.
Particulate Matter means, with respect to
emissions, all finely divided solid or liquid material, other
than uncombined water, emitted to the atmosphere.
Percolation means water passing through or draining
through soils.
Perimeter of Fringe Littoral Shelf typically means a
narrow littoral zone that runs along the perimeter of a lake or
pond.
Permit (EM) is the legal authorization to remove fill
from a site or to conduct or engage in filling, stockpiling,
creating berms, or excavating unless exempted by the provisions
of the Sarasota County Code, Chapter 54, Article XII,
Earthmoving.
(1) General Permit is the legal
authorization to conduct or engage in filling, stockpiling,
creating berms, or excavating more than 100 cubic yards and
up to 2,000 cubic yards of Type A Fill unless exempted under
the provisions of Section 54-349(a) or (b) of the Code.
(2) Level I Permit is the legal authorization to conduct or
engage in filling, stockpiling, or excavating more than
2,000 and up to 10,000 cubic yards of Type A Fill in
accordance with the provisions of the Code.
(3) Level II Permit is the legal authorization to conduct or
engage in filling, stockpiling, or excavating more than
10,000 and up to 100,000 cubic yards of Type A Fill or up to
50,000 cubic yards of Type B or C Fill in accordance with
the provisions of the Code.
(4) Level III Permit is the legal authorization to conduct
or engage in filling, hauling, stockpiling, or excavating
more than 100,000 cubic yards of Type A Fill or more than
50,000 cubic yards of Type B or C Fill in accordance with
the provisions of the Code.
(5) After-the-Fact Permit is the legal authorization to
continue an activity regulated by this article that
commenced prior to applying for or receiving a General,
Level I, II, or III Permit in accordance with the provisions
of the Code.
6) Conceptual Permit means a permit approved by the Board
and issued by the Ordinance Administrator which approves the
concept of a Master Plan for earthmoving activities
involving more than 100,000 cubic yards of Type A Fill or
more than 50,000 cubic yards of Type B or C Fill.
Permittee includes individuals, firms,
partnerships, corporations, associations, organizations, trusts,
companies, or any other legal entities that have received a
permit.
Perpetuity means the quality or state of being perpetual,
or ongoing.
Person. Any individual, government, corporation,
partnership, association, firm, trust, or other entity. Person
shall include all natural persons, as well as all organizations
and other entities, including the State of Florida, Sarasota
County, or any other governmental board or bureau, except where
otherwise noted.
Person (WNCA) shall include all natural persons,
as well as all organizations and other entities, but shall not
include the State of Florida, Sarasota County, or any other
governmental board or bureau, except where otherwise noted.
Pesticides means fungicides, insecticide, nematicides,
herbicides, algaecides and any other chemicals used to control
pests, weeds, or diseases.
Pier means a structure in, on, or over water or
Sovereignty Lands, which is used primarily for fishing or
swimming.
Planting means the placing on or setting into the ground
of live plant material.
Playing Surface means all parts of the golf course within
course boundaries where play occurs: trees, greens, fairways and
roughs.
Point Source is a type of pollution that is concentrated
and stemming from a point.
Potable Water is water that is suitable for drinking.
Preempted Area means that part of submerged bottomlands
occupied or covered by a docking facility or pier, including any
associated area for mooring a vessel. This area is considered to
be excluded from traditional public uses as a result of
structure placement.
Preservation means the protection of wetlands, other
surface waters or uplands from adverse impacts by placing a
conservation easement or other comparable covenant over the
property or by dedicating the property to a public or nonprofit
entity.
Previously Dredged Portions means those locations where
actual channel dredging has occurred.
Propagating means the physical act of causing plants to
multiply by any process of reproduction from plant stock.
Propagule means a plant structure (as a root, cutting, a
seed, or a spore) that propagates a plant.
Protected Native Habitat means those habitats qualifying
for preservation or conservation under the principles of the
Apoxsee, Environment chapter (section entitled "Principles for
Evaluating Development Proposals in Native Habitats").
Reclaimed Water, or gray water, means water that normally
would be discharged into a receiving body of water is instead
captured for use in purposes other than potable water, such as
watering lawns.
Reclamation means measures to clean up and close an
earthmoving operation, including reshaping, grading, seeding,
site stabilizing, revegetating, and creating mitigation areas
and littoral zones.
Recyclable Construction and Demolition Debris is a
component of Type D Fill and means construction and demolition
debris from commercial users which is capable of being recycled,
including wood pallets, wood construction materials, scrap
metal, and brick which can be effectively processed for
recycling.
Recycle Facility means any facility which recycles solid
waste.
Recycling means any process by which solid waste, or
materials which would otherwise become solid waste, are
collected, separated, processed, and reused or returned to use
in the form of raw materials or products.
Regularly Manicured or Landscaped means that conversion
and continued maintenance activities have occurred at such a
frequency as to prevent the reversion of the land area back to
native coastal hammock or dune system habitat.
Remove a Tree is too relocate, cut down, poison, or in
any other manner destroy, or cause to be destroyed, a tree as
defined in this article. It includes topping, or any action that
causes irreparable injury to a tree, including damage inflicted
on the root system by heavy machinery, changing the natural
grade above the root system or the removal of sufficient canopy
so as to cause the unnatural decline of the tree.
Restoration means converting back to a historic condition
those wetlands, surface waters, or uplands which currently exist
as a land form which differs from the historic condition.
Retention Pond means a man-made lake or pond with
the purpose of holding stormwater for a certain period of time
so that the water can be treated and to prevent flooding.
Revegetating means to install plants in an area that
previously had plants.
Right-of-Way means a legal right of passage over another
person's ground.
Riparian means relating to or living or located on the
bank of a natural waterway.
Riparian Habitat means a native shoreline area habitat
that is located on or adjacent to the bank of a waterway.
Riparian Rights means specific rights that are afforded
only to owners of properties that directly meet a waterway
including access and potentially the ability to construct a
structure to enhance access to the waterway.
Riverine means relating to, formed by, or resembling a river.
Roughs means an uneven ground covered with high grass,
brush, and stones; specifically such ground bordering a golf
fairway.
Routine Maintenance means earthmoving activities to an
existing water body or infrastructure intended to restore the
original dimensions or elevations. Evidence of original
dimensions may include previous County authorizations, permits,
or other acceptable documentation, or a demonstration by the
applicant that the proposed earthmoving activities (including
any minor topographical changes) would not adversely impact the
drainage and wetland hydroperiod.
Sale is the act of transferring or conveying plants to a
purchaser for consideration.
Sarasota County Comprehensive Plan is the framework
adopted by the Sarasota Board of County Commissioners under
Ordinance No. 89-18, as amended, to comply with the Local
Government Comprehensive Planning and Land Development
Regulation Act of 1985.
Seaward means in a direction toward the Gulf of Mexico.
Seepage slope is a term that is typically associated with
the bank of a watercourse that has a certain level of maintained
hydrology where it is classified as a wetland.
Shell Middens is a type of archaeological site made
almost entirely of clam shells, scallop shells, oyster shells,
etc. that were deposited by the aboriginal peoples of Florida.
Shoaling means to cause a channel or natural waterway to
become shallow or less deep.
Shoreline means the area immediately landward of the
wetland boundary to the top of bank.
Shore-parallel shadow of the residence means a landward,
one-dimensional, shore-perpendicular projection of the footprint
of the existing primary habitable residential structure . For
more information contact the Resource Protection office at
941.861.6113.
Siltation means to choke, fill, cover, or obstruct with
silt, mud, etc.
Silviculture. A commercial enterprise controlling the
establishment, growth, composition, health, and quality of
forests and woodlands of desired characteristics with the intent
to produce, reproduce or manage a stand of pines (Pinus spp.)
for the eventual sale to a timber company as a pulp, paper or
other timber products. This includes site preparation
activities, prescribed burning and harvesting of trees for sale.
Single-Family Dock means a fixed or floating structure as
defined in Section 54, Article XX of the Sarasota County Code,
including moorings, used for berthing buoyant vessels, accessory
to a single-family residence, with no more than two boat slips.
A shared single-family dock may contain up to four boat slips.
Site means the boundaries of a property, or portion
thereof, upon which earthmoving has occurred, is proposed, or
has been permitted. Any portion of a property which has a
separate, valid construction plan approval, building permit, or
earthmoving permit shall constitute a separate site.
Snags means a standing dead tree or parts of the dead
tree.
Sovereignty Lands means those lands including, but not
limited to, tidal lands, islands, sandbars, shallow banks, and
lands waterward of the ordinary or mean high-water line, beneath
navigable fresh water or beneath tidally-influenced waters, to
which the State of Florida acquired title on March 3, 1845, by
virtue of statehood, and which have not been heretofore conveyed
or alienated.
Stipulation. A statement or a condition issued with a
permit or with an approved plan, with which compliance is
necessary for continued validity of the permit or other
approval.
Stockpile means the temporary collection, accumulation,
or storage of Type A, B, C, or D Fill upon a parcel of land for
a minimum period of 24 hours.
Stormwater Conveyance means ditches, flow-ways,
waterways, etc., that serve to direct stormwater.
Stratum or Strata means one of a series of layers,
levels, or gradations in an ordered system.
Subaqueous means existing, formed, or taking place in or
under water.
Subdivision Technical Manual means that section of the Land
Development Regulations containing the technical specifications
for a floodplain compensation plan.
Substantial Improvement means any individual or
cumulative expansion of the habitable area of a structure that
exceeds 75 percent of the structure's existing habitable area on
the adoption date of Sarasota County Ordinance No. 2004-010,
Chapter 54, Article XXII of the Sarasota County Code. Structures
that have 25 percent or less of their habitable areas seaward of
the GBSL on the adoption date of Sarasota County Ordinance No.
2004-010 are excluded from this definition. For purposes of this
definition, a structure's habitable area shall also include
attached garage areas that could be legally converted to
habitable area under Sarasota County Codes.
Substrate means the base on which an organism lives.
Suitable Donor Material means soils removed from a native
habitat site with adequate seeds of native plant material that
can be transferred to another site to promote the proliferation
of the native plant seeds and to jumpstart the creation of a
habitat restoration or mitigation project.
Surf Zone means the zone of wave action extending from
the water line (which varies with tide, surge, set-up, etc.) out
seaward to a point where waves approaching the beach commence
breaking, typically in water depths of between 5 m and 10 m.
Surficial Water Table means the upper limit of the
portion of the ground wholly saturated with water.
Sustainable means of, relating to, or being a method of
harvesting or using a resource so that the resource is not
depleted or permanently damaged.
Swale means a manmade stormwater conveyance with gradual
side slopes and vegetation for soil stabilization, stormwater
treatment, and uptake.
Swash Zone means the beach area with wave action, which moves as
water levels vary, extending from the limit of run-down to the
limit of run-up
Temporary Shore Protection Measures means activities
repairing, reinforcing, or replacing an existing structure, or
constructing a temporary structure, or engaging in similar
protective activities of a short-term nature in order to:
(a) Prevent an immediately anticipated
collapse of a building, public road, bridge, safety or
utility structure, or structure of significant historical
value; or
(b) Reduce the rate of erosion of property during a storm in
order to safeguard an existing structure; or
(c) Relieve immediate or immediately anticipated severe
flooding conditions to an existing habitable structure.
Terminal Platform means that part of a
dock or pier that is connected to the access ramp and is used
for securing and loading a vessel or for fishing. The Terminal
Platform is considered the activity area of the structure.
Thatch means a mat of undecomposed plant material (as
grass clippings) accumulated next to the soil in a grassy area
(as a lawn).
Thirty-Year Erosion Projection Line means the projected
line of long-term shoreline recession occurring over a period of
30 years based on shoreline change rate information obtained
from historical measurements and as established by the Florida
Department of Environmental Protection, Office of Beaches and
Coastal Systems, or Sarasota County.
Top of Bank means the crest elevation of the shoreline or of
shoreline protection structures, whichever point is more
landward.
Topping is the iInternodal removal of woody branches
containing heartwood or cutting back to a lateral branch too
small to assume the terminal role, that removes canopy coverage
by more than 30 percent.
Transportation means the act of carrying or conveying plants
from one place to another for the purpose of sale, planting,
importation or propagation, within Sarasota County.
Tree is a living, woody, self-supporting plant, which
when mature will reach ten feet or more in height, having a main
stem or cluster of main stems, and any one stem measuring four
and one-half inches DBH. For the purpose of this definition, all
rooted species of mangrove, including red mangrove (Rhizophora
mangle), white mangrove (Laguncularia racemosa), black mangrove
(Avicennia germinans), and buttonwood mangrove (Conocarpus
erecta), are hereby declared to be Trees, and are hereby
protected by the provisions of the Tree Protection Code,
regardless of size, except where State law supersedes local
jurisdiction. In addition, all palms with more than four and
one-half feet of clear trunk are declared to be Trees and are
protected by the provisions of the Code. It includes any tree
planted, relocated or replaced pursuant to Section 54-590,
Article XVIIIe, of the Sarasota County Code, Tree Protection.
Tree Location Survey. A one inch equals 200 feet or less
scale drawing which provides the following information: location
of all trees, plotted by accurate techniques, common name of all
trees, and Diameter at Breast Height (DBH), printed on the
proposed site plan as described in Section 54-587(b)(1) of the
Sarasota County Code, Tree Protection. A site plan printed on an
aerial photograph may be substituted if it is approved by the
Administrator prior to submittal and if it is a recent, legible
aerial photograph that reflects existing site conditions (scale:
one inch equals 200 feet or less).
Tree Removal and Protection Permit (Permit). The legal
authorization to remove, transplant, and/or the requirement to
protect Tree(s) on a Lot, pursuant to the provisions of Section
54, Article XVIII of the Sarasota County Code, Tree Protection.
Treed Area is the area within a 100-foot radius of
any tree trunk.
Tributary means a stream or waterway that feeds into a
larger stream or waterway.
Turbidity Curtain means a floating screen that is
utilized to contain fine sediments that are suspended into the
water during marine construction and dredging activities, and
which are installed to reduce or avoid adverse affects to water
quality and marine habitats.
Type A Fill means earthen material essentially free of
roots and other vegetative debris.
Type B Fill consists of concrete, rocks, broken asphalt,
and other similar type inorganic and nonmetallic materials.
Type C Fill consists of vegetative land-clearing debris
with associated earthen material.
Type D Fill consists of all other refuse not defined as
Type A, B, or C Fill, including but not limited to construction
and/or demolition debris and garbage.
Type A Fills consist of compacted Type A Fill.
Type B and C Fills consist of Type B or C Fill with a
minimum cover of one foot of Type A Fill.
Type D Landfills consist in whole or in part of all
materials not defined above as Type A, B, or C Fill.
Unconfined Emissions means emissions which escape and
become airborne from unenclosed operations or which are emitted
into the atmosphere without being conducted through a stack.
Understory means an underlying layer of vegetation; the
vegetative layer and especially the trees and shrubs between the
forest canopy and the ground cover.
Vessel Draft means the vertical distance measured from
the highest point to which a water body rises on the vessel's
exterior hull to the bottom portion of the keel or fixed drive
unit, whichever is lower. Adjustable outboard or
inboard/outboard engines shall not be included in the Vessel
Draft calculation.
Waterbody means a natural body of water including rivers,
lakes, streams, springs, ponds, and all other natural bodies of
water including tidal, fresh, brackish, and saline.
Watercourse means a natural or artificial channel through
which water flows, including bays, rivers, creeks, canals,
streams, etc.
Watershed means a region or area bounded by a divide and
draining ultimately to a particular watercourse or body of
water.
Water-Dependent Activity means an activity that can only
be conducted on, in, over, or adjacent to water areas because
the activity requires direct access to the water body or
Sovereignty Lands for transportation, recreation, energy
production or transmission, or source of water, and where the
use of the water or Sovereignty Lands is an integral part of the
activity.
Waterward means in a direction toward the waters of Big
Sarasota Pass or Midnight Pass.
Wetland Hydroperiod Maintenance Plan means a method of
maintaining the frequency of water flow and water levels of a
wetland prior to and following permitted earthmoving activities.
Wetlands means those areas that are inundated or
saturated by surface water or groundwater at a frequency and a
duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soils. Soils present in wetlands
generally are classified as hydric or alluvial, or possess
characteristics that are associated with reducing soil
conditions. The prevalent vegetation in wetlands generally
consists of facultative or obligate hydrophytic macrophytes that
are typically adapted to areas having soil conditions described
above. These species, due to morphological, physiological, or
reproductive adaptations, have the ability to grow, reproduce,
or persist in aquatic environments or anaerobic soil conditions.
Florida wetlands generally include swamps, sloughs, marshes, wet
prairies, bayheads, bogs, cypress domes and strands, riverine
swamps and marshes, hydric seepage slopes, tidal marshes,
mangrove swamps, and other similar areas. The extent of wetlands
is delineated according to the methodology in F.A.C. 62-340.300.
Wet Slip means a space designed for the mooring of a
single watercraft in water. Such spaces may extend from a dock
or shoreline but shall not be allowed to project from a pier.
Any piers solely authorized for fishing or observation are not
considered wet slips.
Wild and Scenic Protection Zone means an upland buffer
that extends 220 feet on each side of the Myakka River wild and
scenic designated river area (from river mile 7.5 to river mile
41.5) measured from the landward edge of the river area.
Wooded Wetlands means forested wetlands.
Yard Trash means vegetative matter resulting from
landscaping maintenance including such materials as tree and
shrub trimmings, grass clippings, and palm fronds.
Xeriscaping means developing a landscape that needs
little to no water to maintain a quality level.
Zonation means the distribution of kinds of plants,
organisms, etc. in zones based on elevations, soil types, water
levels, etc.
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