Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 5 – Supplementary Standards
Page 72
5. All Other Approvals Required
a. All other government permits, approvals, or consents necessary for the construction shall be
obtained prior to commencement of the construction.
b. Compliance with this Chapter shall not be construed to relieve the Applicant from obtaining any
required approvals, if applicable, for encroaching into the affected easement.
c. Nothing herein shall be construed as affecting any right to construct except to the limited and strict
extent of any approval granted hereunder. An approval granted in accordance with this Chapter is
for the limited purpose of complying with this Chapter only.
6. Accountability
The Applicant is responsible for providing and representing true, accurate, and correct information.
Except as specifically set forth herein, no PBC Official, employee, or agent shall have the duty of:
a. searching the Official Records of the Clerk of the Circuit Court; or
b. conducting any other investigation to determine whether a permit application or request for PBC
approval is inconsistent with the use for which an easement was established; whether an easement
exists in the area within which a permit for construction/development is sought; or [Ord. 2005-002]
c. whether any other government or private approvals are required for construction or development
for which the permit is sought. However, PZB, DEPW, or any other department, official employee,
or agent may undertake an investigation, search, or inquiry to determine the aforestated. [Ord.
2005-002]
7. Modifications
a. If, upon inspection, the construction is found to be materially different than that which was approved
by PBC, then the approval shall be of no force and effect and the construction shall be removed
immediately, unless the modification is approved by the Department having jurisdiction pursuant to
this Chapter.
B. Drainage Easement Encroachments
1. All construction in a drainage easement shall be subject to approval by the beneficiary of said
easement. Further, the Land Development Division (LDD) shall approve all encroachments into
easements which drain County roads. [Ord. 2010-005] [Ord. 2010-022]
2. If a Building Permit is required, the Applicant shall obtain approval from the LDD or appropriate entity
prior to submitting the Building Permit application to PZB. [Ord. 2010-005] [Ord. 2010-022]
3. When approval is required from LDD, the Applicant shall submit a request to encroach a drainage
easement in or on a form established by the LDD and include a copy of the recorded deed to the parcel
on which the easement is located; the document creating the easement; a certified sketch of survey of
the easement; a sketch or plans showing the proposed construction in relation to the location of existing
drainage improvements in the easement; and, such other documentation as the LDD reasonably deems
appropriate. [Ord. 2010-005] [Ord. 2010-022]
4. When encroachments are proposed in easements which drain County roads, the LDD may deny,
approve, or approve with conditions the construction. [Ord. 2010-005] [Ord. 2010-022]
5. When approval is required from LDD, no approval shall be given before the LDD has received specific
written consent from all easement holders, easement beneficiaries, and governmental entities or
agencies having jurisdiction of the drainage easement. The LDD is hereby authorized to effect consent
on behalf of PBC when PBC is the easement holder or beneficiary of a drainage easement. The LDD
may require that consent be in or on a form established by the LDD. [Ord. 2010-005] [Ord. 2010-022]
6. For easements which drain County roads, the LDD shall also have executed in proper form, and shall
cause to be recorded against the Applicant’s land involved, a removal and indemnification declaration
(with the necessary consents) on a form approved by County Attorney’s Office. Said declaration shall
provide that all direct and indirect costs related to removal shall be borne by the Property Owner, its
heirs, successors, assignees, and grantees; that the aforestated person(s) shall indemnify and hold
PBC, its officers, employees, contractors, and agents harmless against any and all claims and liabilities
of whatever nature (including personal injury and wrongful death) arising from any approval granted
hereunder or the construction or installation approved hereunder. The removal declaration shall inure
to the benefit of the easement holders and beneficiaries. It shall contain such other terms and covenants
as the LDD or the County Attorney deems appropriate. Proof of the recording of the document shall be
furnished to PZB with the application for a Building Permit. [Ord. 2010-005] [Ord. 2010-022]
7. Construction in or overlapping a drainage easement approved by the LDD shall comply with the
provisions of Sections: Art. 5.F.2.A.5, All Other Approvals Required, Art. 5.F.2.A.6, Accountability, and
Art. 5.F.2.A.7, Modifications of this Chapter. [Ord. 2010-005]