(1) Any development as defined herein undertaken in the Green Swamp Area of Critical State Concern shall require a development permit. Development permits for any change in zoning, plat approvals or vacancies shall be issued in the form of a development order as defined in these regulations. An application for a development permit shall be submitted to the Polk County Planning Department, or the Polk County Building and Zoning Codes Department, whichever shall be designated by the Board, together with any reasonable fee set by the Board.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

    (2) Prior to issuance of any development permit, an applicant shall submit a development plan to the county agency designated by the Board pursuant to subsection (1) of this rule. The development plan shall affirmatively demonstrate that the proposed development meets or exceeds the requirements of this code. No permit shall be issued until the requirements of this code are met. The development plan shall include the description and scope of the proposed project in report form. The development plan shall include, but not be limited to, the following documents and information:
    (a) A certified survey of the site showing topography in no more than one (1) foot contours in the wetlands and the pine flatwoods and two (2) foot contours in the uplands by a land surveyor registered in the State of Florida.
    (b) A soil analysis prepared by a registered professional engineer or the U.S. Soil Conservation Service which will be detailed and accurate enough to allow for the soils determination required in Fl. Admin. Code R. 28-27.008(4)(a), of this code.
    (c) A statement by a registered professional engineer indicating expected changes in surface and ground water quality discharge, and artesian aquifer recharge characteristics of the site before, during, and after development and specifying any measures necessary to approximate existing quality and quantity in surface and ground waters.
    (d) A vegetation map of the site.
    (e) A development implementation schedule.
    (f) A site plan indicating any proposed alteration or development.
    (g) A Impact Assessment Statement as required by zoning change procedures.
    (3) A development plan shall not be required in the following three (3) instances unless specifically requested by a county agency:
    (a) The modification of any single-family residential structure for the uses of a single family.
    (b) The construction of any rural residence, as referred to in this code, shall require only the site plan and certified soil analysis.
    (c) The four laning of U.S. 98 by the Florida Department of Transportation between I-4 and the Polk County Line, and any construction or alteration caused by acquiring the right-of-way needed for this facility.
    (4) A development permit shall not be required by this chapter in the following two (2) instances unless otherwise required by these applicable county ordinances or regulations:
    (a) The modification of any existing residential structure that does not exceed ten (10) percent of the square footage of its original structure.
    (b) One residential accessory structure may be added, not to exceed six hundred (600) square feet, provided such structure does not exceed the site coverage stipulated in Fl. Admin. Code R. 28-27.008(4)(a), of this chapter.
Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History-New 7-20-75, Amended 4-19-77, Formerly 22F-6.09, 27F-6.09, 27F-6.009.