Alachua County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 406
- NATURAL AND HISTORIC RESOURCES PROTECTION
ARTICLE II.- TREES AND NATIVE VEGETATION[7]
Editor's note—Ord. No. 2025-11, § 2(Exh. A), adopted June 24, 2025, amended Article II in its entirety to read as herein set out. Former Article II, §§ 406.09—406.16, pertained to similar subject matter, and derived from Ord. No. 05-10, § 2, 12-8-05; Ord. No. 10-16, § 2(Exh. A), 8-10-10; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 15-06, § 2(Exh. A), 4-14-15; Ord. No. 2017-15, § 2(Exh. A), 9-26-17; Ord. No. 2018-10, § 2(Exh. A), 3-13-18; Ord. No. 2018-23, § 2(Exh. A), 10-9-18; Ord. No. 2020-09, § 2(Exh. A), 3-10-20; Ord. No. 2020-25, § 2(Exh. A), 11-10-20; Ord. No. 2021-18, § 2(Exh. A), 12-14-21.
Sec. 406.01.- Purpose.
It is the purpose of this Chapter to:
(a)
Preserve, protect, and improve the public health, safety, general welfare, and quality of life of the citizens of Alachua County, by conserving, managing, restoring, or enhancing natural and human-related resources that provide potable water, clean air, productive soils, and a healthful array of human, plant, and animal life;
(b)
Implement the Comprehensive Plan, with particular emphasis on preserving and protecting biodiversity and the ecological values and functions of uplands, wetlands, open bodies of water and flowing streams, floodplains, groundwater, springs, caves, and other significant geologic features, soils and slopes, and flora and fauna; and
(c)
Protect the natural resources, greenspaces, and historic character of the community in a manner that preserves and cultivates a unique sense of place while fostering economic well-being, maintaining adequate quality and quantity of water and land, and minimizing the present and future vulnerability to natural and man-made hazards.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-09, § 2(Exh. A), 3-10-20; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.02. - Natural and historic resources regulated.
It is unlawful for any person to adversely impact any natural or historic resource regulated under this Chapter without first obtaining the required natural or historic resources review and approval. In addition to the protections identified in this Chapter, there may be other regulations in the Alachua County Code that are applicable. References to other potentially applicable regulations are provided below.
(a)
Water Quality Standards and Management Practices—See Chapter 77.
(b)
Hazardous Waste—See Chapter 353.
(c)
Murphree wellfield management code—See Chapter 355.
(d)
Groundwater protection code—See Chapter 358.
(e)
Commercial Dairies—See Chapter 404, Section 404.14.
(f)
Local public lands historic preservation Ordinance—See Chapter 116.
(g)
Year-round Water Conservation Measures and Water Shortage Regulations—See Chapter 80.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 07-15, § 4, 9-11-07; Ord. No. 2016-10, § 2(Exh. A), 6-28-16; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.03. - Use of sound environmental practices.
The provisions in this Chapter are intended to accommodate development while also protecting and preserving valuable natural and historic resources. In furtherance of this objective, applicants shall be required to use sound environmental practices, to plan for proposed activities and projects in the context of natural systems and historic features of the landscape. Applicants are encouraged to use conservation design techniques such as clustering and density transfer to produce marketable projects while protecting natural and historic resources.
(a)
Satisfaction of Open Space requirements. When land development involves a parcel that contains regulated natural or historic resources, the County's Open Space requirements shall be fulfilled first with regulated natural or historic resources. These areas shall be protected as conservation management areas in accordance with Article XVII.
(b)
Minimized impact within upland conservation areas. Avoidance or minimization shall be required for all conservation areas in accordance with Section 406.113 of this Chapter. Where the applicant demonstrates that all reasonable steps have been taken in the attempt to avoid significant adverse impact to regulated natural and historic resources, and proposed impact is consistent with upland habitat limitations under Article III, Article IV, and Article V of this Chapter, development in regulated upland resource areas may be authorized as follows and shall not constitute a significant adverse impact:
(1)
Density will be calculated within the regulated upland resource area at the rate of one (1) unit per five (5) acres in the rural/agricultural land use.
(2)
In other land use designations, density will be calculated within the regulated resource area at the lowest density allowed by the established zoning district.
(3)
For residential uses, reasonable access shall be allowed as follows:
a.
A driveway shall not exceed twenty (20) feet in width (excluding roadways serving multiple parcels); and
b.
Location and design of the driveways and roadways shall be designed to avoid or minimize adverse impacts on the resource(s) protected under the management plan for the subdivision, balancing such resource protection with the need for safe access to the site.
(4)
For nonresidential uses, building impact limitations shall be determined on a case-by-case basis.
(5)
Parcels, lots, building areas, and driveways shall be configured to minimize overall impact to ecosystem integrity.
(6)
No impact shall be allowed to wetlands or associated wetland buffer areas, except as consistent with the requirements of Article VI of this Chapter.
(c)
Eligibility for cluster bonus. A parcel may be eligible to receive cluster bonus units for rural/agriculture clustered subdivisions under Table 407.78.2 where there are areas determined through ground-truthing to be non-conservation areas that are suitable for development to which density may be transferred, and protection of regulated natural and historic resources is provided in accordance with an approved management plan that identifies measures taken to conserve, maintain, and enhance ecological integrity and resource value while avoiding or minimizing adverse impact.
(d)
Eligibility for planned development with transfer of development (PD-TDR).
(1)
Planned developments with transfers of development rights (PD-TDR) may be proposed for two (2) or more noncontiguous tracts of land to facilitate transfers of development rights from regulated conservation areas as defined in Conservation and Open Space Element Policy 3.1.1, to less sensitive areas designated as rural/agriculture on the Future Land Use Map. The PD-TDR will allow units of density to be transferred from one (1) parcel (sending area) to another (receiving area) and both parcels shall be rezoned as PD-TDR-S and PD-TDR-R, respectively. As a result of the transfer, receiving parcels may be developed at a gross density that exceeds that provided on the receiving parcel by the rural/agriculture land use category. The process and standards for planned developments in Article II of Chapter 402, and rural cluster subdivisions in Section 407.77 and 407.78 of this ULDC shall apply to the combined PD-TDR Master Plan for both areas with the following additional requirements:
a.
The planned development must be implemented as a unified development plan including both the sending and receiving parcels. The sending parcel shall be so designated in perpetuity unless both the sending and receiving parcels are considered for rezoning simultaneously and the overall density in the rural areas is not increased.
b.
The sending parcels must be at least fifty (50) percent field verified conservation areas.
c.
The maximum number of units that can be transferred from the sending parcel shall be the lesser of:
1.
The number of units that could be developed on the sending parcel(s) under the rural/agriculture maximum gross density of one (1) unit per five (5) acres, plus bonus units consistent with Future Land Use Element Policy 6.2.10.4; or
2.
The number of upland acres, excluding wetlands and wetland buffers, on the sending parcel(s).
d.
If not, all available units are transferred initially, they may remain with the sending parcel(s). The remaining units may only be transferred to an additional receiving parcel at a later time by way of a major amendment to the approved PD-TDR master plan. All sending and receiving parcels shall be identified on the PD-TDR master plan.
e.
Sending parcels shall be designated as conservation management areas on the PD master plan and shall be protected as conservation management areas in accordance with Article XVII of this Chapter.
f.
Residential densities of one (1) dwelling unit per two hundred (200) acres may be retained on the sending parcel. Higher retained densities of up to one (1) unit per forty (40) acres may be allowed where it can be demonstrated that there is no impact on resource protection and where consistent with the conservation area management plan. The amount of density to be retained shall be based on what is necessary to protect the integrity of the ecological system and conservation resources. Retained density must be developed in a manner so as to minimize impact to the ecosystem integrity.
g.
Development of receiving parcels shall be consistent with COSE Policies 3.1.1-3.1.3 and the objectives and policies in COSE 3.6.
h.
A minimum of fifty (50) percent of the combined acreage of the sending and receiving parcels shall be permanently set aside as Open Space on the sending parcel. Additionally, at least ten (10) percent of the receiving parcel shall be designated as Open Space on the PD master plan consistent with COSE Policy 5.2.1.
i.
The receiving area shall be evaluated for its viability as an area of increased development. The maximum density allowed on the receiving parcel will be the number of units based on the rural/agriculture land use designation for the receiving area, plus the additional units transferred from the sending area, subject to the minimum lot size requirements for developed areas of rural clustered subdivisions specified in Policy 6.2.13. Allowance of this maximum density shall be subject to an evaluation of factors that include availability and capacity of public infrastructure and services, environmental suitability, and the land uses and development patterns of the surrounding areas.
j.
Notice of hearings and neighborhood workshops shall be sent for both the sending and the receiving areas. Two (2) neighborhood workshops may be required if the two (2) sites are not proximate to each other.
k.
All of the sending and receiving areas shall be identified on the PD/TDR master plan.
(2)
The County, or a stakeholder organization of private landowners who owns not less than ten thousand (10,000) acres within the County may propose development of areas designated on the Future Land Use Map as Rural Land Stewardship Areas in accordance with this Section and the provisions of F.S. § 163.3177(11)(d).
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 08-04, § 2(Exh. A), 3-25-08; Ord. No. 2020-09, § 2(Exh. A), 3-10-20; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.04. - Resources assessment requirements.
All applications for proposals with potential adverse impact to natural or historic resources, including but not limited to applications for land use change, zoning change, and development plan approval, shall include an assessment of natural and historic resource information. The assessment shall be complete at or before the preliminary development review stage where applicable. The assessment shall be prepared by person(s) qualified in the appropriate fields of study, conducted according to professionally accepted standards, and based on data that is considered to be recent with respect to the resource. Names, qualifications, and resumes of all personnel involved in the assessment, and their roles with respect to the assessment, shall be attached, if not already on file with the County.
(a)
Methodology. The assessment shall use and report professionally accepted scientific methodology specific to each natural and historic resource onsite, in order to assess the actual and potential presence of natural and historic resources. The assessment shall include background research and analysis of available existing data, as well as ground-truthing. Field surveys shall be conducted during the seasons, times of day, and field conditions under which each natural and historic resource characteristic would most likely be observed, otherwise presence will be presumed.
(b)
Minimum contents. The assessment shall include site-specific identification, mapping, and analysis of each natural and historic resource or characteristic present on the site, and background research and analysis with aerial map review and fence line ground-truthing of resources adjacent to the site (same or contiguous tax parcels). At a minimum, the following shall also be provided:
(1)
Cover letter and/or executive summary, including written explanation of the need and intent of the project, description of construction or alteration methodologies, and signed statement as to the likely presence of regulated natural or historic resources.
(2)
Maps drawn to scale, including a north arrow and scale showing the following:
a.
Location of project site in relation to major roads or other readily identifiable landmarks, showing parcel boundaries with dimensions.
b.
Existing roads, structures, wells, utilities, and other existing conditions and noteworthy features.
c.
Identification of all regulated natural and historic resources, labeled by resource type.
d.
General vegetation characteristics and quality.
e.
General soil types.
f.
Proposed location of protected conservation resources and Open Space.
g.
Potential connections to existing green space, Open Space, trails, and adjacent preservation or conservation resources.
(3)
Data and analysis that includes assessment and evaluation of the following:
a.
Existing quality and characteristics of regulated natural or historic resources.
b.
Impact of the proposal on each individual natural resource and on the ecosystems in which they function.
c.
Proposed measures to protect natural resources, or to avoid, minimize, or mitigate impacts on natural resources.
d.
Methods of stormwater pollution prevention.
(c)
Additional information. Additional data and analysis may be required as appropriate to the complexity of the proposed activity and types of natural or historic resources identified. Such information may include but is not limited to:
(1)
Copies of historical and recent aerial photographs, topographic, and other resource maps reviewed.
(2)
Land use and land cover classifications per Florida Land Use Classification Code or Water management district systems.
(3)
Wetlands, surface waters, or 100-year floodplains identified by the National Wetlands Inventory, United States Geological Survey, Water Management Districts, or Federal Emergency Management Association.
(4)
Wildlife corridors, biodiversity hot spots, strategic habitat conservation areas, or element occurrences identified by the Florida Fish and Wildlife Conservation Commission, Florida Department of Natural Resources, Florida Natural Areas Inventory, Florida Department of Environmental Protection, or North Central Florida Regional Planning Council.
(5)
Field surveys that provide for actual and potential presence of plant and animal species, including indicators (sightings, signs, tracks, trails, rests, evidence of feeding, etc.), population estimates, and occupied habitat boundaries.
(6)
Inventories of natural or historic resources within an expanded planning parcel that includes additional lands under common ownership or control, or additional lands within a designated resource planning area.
(7)
Detailed assessment beyond project boundaries which are necessary to understand the scope of impact of proposed activities on areas not included in a proposal involving only a portion of a parent tract.
(8)
A mitigation and monitoring plan.
(9)
A resource management plan.
(d)
Use of assessment. The County shall review and evaluate the natural and historic resources assessment to determine whether the proposal is consistent with the Comprehensive Plan and this ULDC and to identify appropriate site designs and strategies that maintain and protect the functions and values of natural and historic resources.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-09, § 2(Exh. A), 3-10-20; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.05. - Relation to other approval processes.
(a)
Federal, state, and water management district. An applicant for any approval subject to this ULDC shall provide to Alachua County copies of permit applications, approvals, and compliance and enforcement issues, with water management districts and state and federal environmental permitting agencies. Applicants are encouraged to coordinate site inspections between the County and other relevant agencies in order to streamline review and approval. Upon request by the County, an agricultural or silvicultural operation shall provide copies of permit applications, notice of intent of BMP implementation, approvals, and compliance with water management district, state, and federal environmental permitting agencies. Ongoing agriculture and silviculture farming operations that are not part of a development application and that meet the provisions and criteria pursuant to F.S. § 163.3162, the Agricultural Lands and Practices Act, or F.S. § 823.14(6), the Right to Farm Act, shall be exempt from any provisions of this Chapter that were not in existence as of July 1, 2003.
(b)
Administrative approvals. Construction shall not commence until all applicable federal, state, and water management district permits, as well as local permits, natural and historic resource inventories, and assessments have been issued.
(c)
Bona fide agricultural activities.
(1)
Best management practices required. The most recent federal, state, and water management district best management practices (BMPs) shall be required, as applicable, to all agricultural and silvicultural activities including but not limited to the following:
a.
Best Management Practices for Silviculture (2003), incorporated in Rule 5I-6.002, F.A.C., and available from the Florida Department of Agriculture and Consumer Services (FDACS).
b.
BMPs for Agrichemical Handling and Farm Equipment Maintenance (2003), published by FDACS and FDEP.
c.
Water Quality BMPs for Cow/Calf Operations (2008), published by the Florida Cattlemen's Association.
d.
Water Quality/Quantity Best Management Practices for Florida Vegetable and Agronomic Crops (2015), available from FDACS.
e.
Protecting Natural Wetlands: A Guide to Stormwater BMPs (1996), published by the U.S. EPA.
(2)
Verification of best management practices. Where use of best management practices provides the basis for exemption to, or compliance with, any federal or state law or regulation, local regulation, code, or requirement, verification may be satisfied by participation in one or more of the following programs:
a.
Non-silvicultural activities. Notice of intent filed with Department of Agriculture and Consumer Services as outlined in the Florida Administrative Code.
b.
Silvicultural activities.
1.
Notice of intent filed with the Department of Agriculture and Consumer Services Florida Forest Service, as outlined in Rule 5I-6.004, Florida Administrative Code; or
2.
Certification by one of the following:
A.
Forest Stewardship Council (FSC, www.fscus.org)
B.
American Forest and Paper Association's Sustainable Forestry Initiative (SFI, www.aboutsfi.org)
C.
American Forest Foundation's American Tree Farm System (www.treefarmsystem.org)
D.
Green Tag Forestry (www.greentag.org)
E.
Forest Stewardship Program (FSP, www.foreststeward.org); or
3.
Participation in one of the following cost-share programs:
A.
Conservation Reserve Program (CRP).
B.
Environmental Quality Incentives Program (EQIP).
C.
Wildlife Habitat Incentives Program (WHIP).
D.
Forest Land Enhancement Program (FLEP).
(d)
Public projects. Public projects, including utilities, public facilities, new travel corridors, and travel corridor modifications, shall meet the same standards as private projects. In the case of a public project for which it is demonstrated that there is no prudent and feasible alternative that avoids adverse impacts to regulated natural and historic resources, the project shall incorporate appropriate design features that enhance habitat connectivity, provide for safe wildlife passage and other significant environmental benefits.
(e)
Other permits not determinative. The issuance of a dredge and fill permit, environmental resource permit, consumptive use permit, taking permit, or other such permit or approval by a federal or state agency, water management district, or other governing body shall not obligate Alachua County to grant approval pursuant to this Chapter, and shall not be deemed to satisfy the requirements of this Chapter.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 15-06, § 2(Exh. A), 4-14-15; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.06. - Exemptions.
The following activities are allowed subject to the specific limitations, restrictions, and conditions. Persons shall submit a natural resource inventory or comparable administrative notice in order to demonstrate that they qualify for exemption prior to initiating any of the following activities:
(a)
Removal of invasive vegetation. Projects for which a plan has been approved by a federal, state, or local agency or water management district for the removal of undesirable invasive or non-native vegetation on lands owned, controlled, or managed for conservation purposes, excluding vegetation in surface waters and wetlands.
(b)
Parks and recreation. Alteration of vegetation pursuant to an adopted management plan for government maintained parks, recreation areas, wildlife management areas, conservation areas and preserves.
(c)
Activities authorized by County approved management plan. Activities consistent with a management plan adopted by, or reviewed and approved by Alachua County, provided that the activity furthers the natural values and functions of the ecological communities present, such as clearing firebreaks for prescribed burns or construction of fences.
(d)
Existing utility installations and road right-of-way. Alteration of vegetation within an existing utility easement post installation, where the vegetation is interfering with services provided by a utility or alteration of vegetation within an existing road right-of-way for normal maintenance activities. Alteration associated with new construction, or with the acquisition or transfer of easements or right-of-way, is not an exempt activity.
(e)
Fencing. The minimal removal of trees or understory necessary to install a fence or wall, provided that no regulated tree is removed, the path cleared for the fence does not exceed ten (10) feet in width, no equipment heavier than a one-ton pick-up truck, hand-held outdoor power equipment or a standard farm tractor is used in clearing for the fence or installing the fence, no dredge or fill activity is required other than the installation of posts and fence materials, and navigational access will not be impaired by the fence construction. Notwithstanding the above, the installation of farm fencing is exempt pursuant to F.S. § 604.50.
(f)
Survey or other test required. The necessary removal of vegetation by, or at the direction of, a State of Florida licensed professional surveyor and mapper, professional geologist, or professional engineer to conduct a survey or other required test, provided that no regulated tree is removed and the path cleared does not exceed five (5) feet in width.
(g)
Miscellaneous. Those other projects for which the Alachua County Environmental Protection Department determines, in writing, that there will be no significant adverse impacts based on the factors and criteria set forth in this Chapter.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 09-01, § 2(Exh. A), 2-24-09; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.07. - Recapture prior to submitting an application.
Regulated natural and historic resources that have been cleared within five (5) years prior to the submittal of a development plan, rezoning, or land use change application shall be required to restore or mitigate that portion of the parcel that would have otherwise required protection in accordance with the standards of this Chapter.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.08. - Alternative compliance for natural or historic resources.
An applicant may submit a proposal which varies from the strict application of the requirements of this Chapter to accommodate an extraordinary hardship or to utilize innovative design. Requests for alternative compliance from any natural or historic resource provision shall be decided by the body responsible for reviewing a proposed development.
(a)
Extraordinary hardship. The applicant shall have the burden of demonstrating the existence of an extraordinary hardship due to unique site characteristics and the reasons for alternative compliance. The application shall set forth facts demonstrating each of the following:
(1)
Inability to establish a reasonable economic use that is not the result of actions taken by the applicant in a way that makes the property unable to be developed. Diminished value or inconvenience is not considered extraordinary hardship.
(2)
There are no feasible onsite alternatives to the proposal. Feasible onsite alternatives include, but are not limited to:
a.
Reduction in density or intensity;
b.
Reduction in scope or size;
c.
Change in timing, phasing, or implementation; or
d.
Layout revision or other innovative site design considerations.
(b)
Innovative designs. The applicant shall have the burden of demonstrating that an innovative site design may be utilized that better protects the natural resources for alternative compliance. The application shall set forth facts demonstrating that the proposed innovative design can be shown to protect natural resources and will not jeopardize the ecological integrity of natural resources on or adjacent to the proposed property.
(c)
Granting a request for alternative compliance.
(1)
Where granted, the alternative compliance shall be the minimum deviation from the requirements necessary to permit reasonable use or access.
(2)
Mitigation may be required as a condition of granting the alternative compliance.
(3)
An alternative compliance plan shall be approved only upon a finding that it fulfills the intents and purposes of the Alachua County Comprehensive Plan and of this Chapter as well as or more effectively than would adherence to the strict application of this Chapter.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.09.- Purpose.
The purpose of this Article is to implement policies contained in the Alachua County Comprehensive Plan to preserve, protect, and enhance the quality and quantity of the County's tree canopy while balancing the need for development and improvement of property. Protection of trees and native vegetation promotes carbon dioxide absorption, oxygen production, dust filtration, reduction of wind, noise, and glare, soil stabilization and enrichment, erosion prevention, surface drainage improvement and aquifer recharge, water pollution reduction, wildlife habitat, energy conservation, temperature moderation, scenic beauty, quality of life, and the health, safety, welfare, and well-being of the community.
(Ord. No. 2025-11, § 2(Exh. A), 6-24-25)
Sec. 406.10. - Applicability.
This Article applies to all new development and redevelopment in unincorporated Alachua County, as well as existing residential lots and existing developments as provided for in applicable Sections.
Developments with a valid preliminary development plan or planned development, approved prior to July 28, 2025, may provide tree canopy protection in a Final Development Plan consistent with the approved preliminary development plan or planned development and are exempt from Sections 406.14(a) and 406.14(c).
(Ord. No. 2025-11, § 2(Exh. A), 6-24-25)
Sec. 406.11. - Administration.
Additional requirements are included in other portions of this ULDC, including but not limited to the special area studies, activity centers, and special planning districts in Chapter 405.
(a)
Regulated trees include:
(1)
Native tree species eight (8) inches diameter breast height (dbh) or more; and
(2)
Specimen trees identified in Table 406.16.5.
(b)
Definitions.
(1)
Diameter at Breast Height (DBH): The diameter of a tree measured at four and one-half (4.5) ft above the naturally occurring ground level.
a.
Trees that fork at or within six (6) inches of grade are treated as separate trees and measured separately.
b.
Trees that fork at or above six (6) inches and below four and one-half (4.5) feet are measured below the fork and recorded as a single trunk.
(2)
Tree, Abundant species: Common species that are widely planted or are short lived, regardless of condition:
a.
Laurel Oaks;
b.
Water Oaks;
c.
Loblolly pine;
d.
Slash pine;
e.
Pecan; and
f.
Sweetgum.
(3)
Tree, champion: Those trees that have been identified by the Florida Forest Service being the largest of their species within the State of Florida or by American Forests as the largest of their species in the United States.
(4)
Tree, heritage: All native tree species twenty (20) inches dbh or greater, except for laurel or water oaks, which are heritage trees when measured at thirty (30) inches or greater in diameter.
(5)
Tree, landmark live oak: live oaks 45-inches dbh or greater and rated four (4) or greater.
(6)
Trees, specimen: Trees of notable interest or high value because of their age, size, species, condition, historic habitat association, and/or uniqueness specimen status applies to all trees defined in Table 406.16.5.
(7)
Tree canopy: Coverage by branches and foliage of the crown spreads or driplines of all regulated trees existing on a site.
(8)
Tree Protection Zone (TPZ): The area surrounding a tree calculated as a radius of one (1) foot for every one (1) inch of dbh, and measured from the center of the tree.
(9)
Tree root plate: The below-ground area adjacent to the trunk where major buttress roots and support roots occur. The area is calculated as a radius of four (4) times the diameter of the tree trunk. (e.g., a two-foot diameter trunk has a root plate radius of eight (8) feet).
(c)
A qualified professional, in this section, includes a:
(1)
Florida licensed landscape architect,
(2)
Environmental professional, or
(3)
Arborist, certified by the International Society for Arboriculture.
(Ord. No. 2025-11, § 2(Exh. A), 6-24-25)
Sec. 406.12. - Prohibitions.
(a)
All land clearing and regulated tree removal, in all Future Land Use and zoning districts, is prohibited without prior approval from the County, with the following exceptions:
(1)
Activities covered by an exemption specifically provided for in Section 406.06; or
(2)
Under brushing and mowing for the purposes of maintenance of nuisance overgrowth per Article VI, Chapter 74 of Alachua County's Administrative Code.
(b)
Property owners, developers, or contractors must not remove regulated trees after the issuance of a certificate of occupancy without securing another tree removal permit.
(c)
The planting of non-native vegetation listed in F.A.C. 5B-64.011, Prohibited Aquatic Plants, and F.A.C. 5B-57.007, Noxious Weed List, or species listed in Table 406.16.6 is prohibited. The removal or control of all non-native invasive species is encouraged where not required by this Section and is not subject to a tree removal permit requirement.
(Ord. No. 2025-11, § 2(Exh. A), 6-24-25)
Sec. 406.13. - Exemptions.
The following are exempt from the permitting requirements of this Article.
(a)
Hazardous trees. If a property owner obtains documentation, from an arborist certified by the International Society for Arboriculture or a Florida licensed landscape architect demonstrating that a tree on property with an existing residential structure presents an unacceptable risk to persons or property, no notice, application, approval, permit, fee or mitigation is required to prune, trim, or remove the tree, consistent with F.S. § 163.045.
A tree poses an unacceptable risk if removal is the only means of mitigating its risk below "moderate," as determined by the tree risk assessment procedures outlined in the current, most recent edition of International Society of Arboriculture (ISA) Best Management Practices Tree Risk Assessment.
(b)
Removal for protection of health, safety and welfare. A utility, or other public entity, may remove a tree for the immediate protection of the health, safety, or welfare of the public without a tree removal permit.
(c)
Agricultural and silvicultural activities. Clearing and replanting or reestablishing vegetation for bona fide agricultural purposes (including bona fide forestry) is exempt from this section, subject to the following provisions:
(1)
Activities must be conducted in accordance with all applicable federal, state, and water management district best management practices, and verified in accordance with Subsection 406.05(c).
(2)
The permit exemption does not apply to the following:
a.
The removal of champion trees.
b.
The removal of heritage trees within fifty (50) feet of property ownership boundaries or within one hundred (100) feet of all publicly owned parks for bona fide agricultural purposes other than forestry
(d)
Development plans. The following types of development are exempt from the minimum tree canopy preservation requirements of Section 406.14(b):
(1)
Personal wireless services facilities;
(2)
Rural subdivisions with no more than nine (9) lots in the rural agricultural area developed per Section 407.76 and Family Homestead Subdivisions developed per Section 407.75. These subdivisions are subject to the single-family lot tree removal regulations in Section 406.16.2.
(3)
Redevelopment of existing sites.
(Ord. No. 2025-11, § 2(Exh. A), 6-24-25)
Sec. 406.14. - Tree protection requirements for development plan applications.
(a)
Landmark live oaks and champion trees. Landmark live oaks and champion trees must be preserved unless approved for removal by the Board of County Commissioners.
An applicant must demonstrate that the development or construction activity cannot occur in any other location on the site, that removal is unavoidable due to site conditions and/or design considerations beyond the applicant's control, or that there is a specific public purpose.
(b)
Minimum preservation required. All development applications, set forth in Chapter 402, Article X, are subject to tree canopy preservation regulations.
(1)
Development plans and subdivision plats must retain a minimum of twenty (20) percent of the existing tree canopy.
(2)
TNDs and TODs, cottage neighborhoods, and affordable housing developments, must retain a minimum of five (5) percent of the existing tree canopy.
(3)
Residential developments, other than TNDs, TODs, cottage neighborhoods, and affordable housing development, that achieve ninety (90) percent of the maximum allowable residential density must retain a minimum of ten (10) percent of the existing tree canopy.
(c)
Hierarchy. Development plans must preserve native trees that exhibit the characteristics listed below and prioritize them in the following order:
(1)
Champion trees
(2)
Landmark live oaks
(3)
Heritage and specimen trees rated four (4) and above
(4)
Located within conservation management areas required for preservation by this ULDC
(5)
Exist in natural groupings to create qualifying open space areas or connectivity to other natural areas
(6)
Other required buffers
(7)
Complement project design such as enhancement of street scape appearance, in the absence of the above
(d)
Tree protection standards.
(1)
Primary protection zone. For champion trees, landmark live oaks and heritage red oaks, the primary protection zone shall be the Tree Protection Zone (TPZ). For all other trees in the minimum preservation area required in 406.14(b), the primary protection zone shall be the dripline.
(2)
Impacts to the primary protection zone may only be proposed for up to fifty (50) percent of the protected area of each individual tree. Management techniques as noted in Subsection (d)(4), below, may be required with the Final Development Plan. No mitigation is required for impacts up to fifty (50) percent.
(3)
For trees retained beyond the minimum required in Section 406.14(b), up to seventy-five (75) percent of the dripline of each individual tree may be impacted with appropriate management techniques. For impacts between fifty (50) and seventy-five (75) percent of the dripline, fifty (50) percent of the mitigation amount in Table 406.15.1 is required. In no case can trees that require TPZs be impacted beyond the fifty (50) percent of the required protection area. For trees within a developed site that has existing impacts, additional de minimis impacts may be allowed on a case-by-case basis depending on the overall health of the tree, and type of new impacts proposed.
(4)
Appropriate management techniques include, but are not limited to: mulching, irrigation, soil amendments, aeration tubes, and a timeframe for monitoring during and after construction.
(5)
The root plate must be protected with the exception of pedestrian and ADA facilities. Proposed impacts to the root plate may be allowed for purposes of ADA accessibility and pedestrian network standards, if provided by ADA-compliant, elevated boardwalks or bridges that allow pedestrian facilities to pass over tree roots without causing damage. Mitigation is not required if elevated structures are used.
(6)
Any reduction of the canopy for vertical or horizontal clearance must be reviewed by the County, and a pruning prescription may be required as a condition of the construction permit issuance.
(e)
Development Plan application requirements.
(1)
Prior to preliminary development plan submittal. The applicant must schedule a pre-design onsite meeting with County staff to locate regulated trees and assess their rating according to Table 406.16.1. A tree survey may be required prior to the onsite meeting. The County Forester and Landscape Inspector will provide field notes with ratings and an assessment of the trees to prioritize for inclusion in the minimum tree canopy preservation areas required in Section 406.14(b).
(2)
Preliminary Development Plan. The following information, in addition to the common application requirements in Chapter 402, Article II, is required with preliminary development plan applications:
a.
A tree survey, except as noted below. The tree survey must graphically depict the location, field tag number, species, and diameter (dbh) of trees regulated by this section and a tabular list of regulated trees.
The Growth Management Director may determine that a survey identifying each individual protected tree is not warranted for the following:
1.
Trees in conservation management areas with no proposed impacts;
2.
Trees, such as pines, planted as part of a bona fide agricultural or silvicultural operation; or trees planted as part of a tree nursery.
3.
Specimen trees under eight (8) inches;
4.
Proposed improvements that do not otherwise affect or impact trees on an existing developed site; or
5.
Sites where few trees exist. The County Forester may assist in capturing the data for inclusion in the application.
b.
Tree canopy preservation plan including the following:
1.
The development plan, tree survey data points and tag numbers overlaid on a recent aerial with tree canopy outlines clearly delineated;
2.
A table with the rating number assigned by the County at the pre-design onsite meeting;
3.
Calculation of the existing tree canopy based on aerial, survey data, or other acceptable methods approved by the County; planted pine silviculture canopy is not included in the existing tree canopy calculation.
4.
Calculation of the tree canopy proposed for retention.
(3)
Final Development Plan. The final development plan application must include:
a.
A demolition plan at a maximum scale of one (1) inch equals sixty (60) feet with the location of tree barricades;
b.
An updated Tree Canopy Preservation Plan with development plan overlaid on tree canopy outlines, location of each tree and tag number, calculation of the initial tree canopy based on aerial, survey data, or other acceptable methods approved by the County, and calculation of tree canopy proposed to be removed and retained. Additionally, provide a graphic indication of each tree proposed for removal, and location of proposed tree barricades;
c.
A tree mitigation plan with numbered tabular list of all regulated trees surveyed indicating the field tag number, species, and diameter (DBH), rating, and whether the tree is proposed to remain or be removed, any mitigation required for its removal, and calculation of total amount of required and proposed mitigation.
(Ord. No. 2025-11, § 2(Exh. A), 6-24-25)
Sec. 406.15. - Replacement, mitigation, or relocation.
Replacement, mitigation, or relocation is required for the alteration of regulated trees as set forth below.
(a)
Mitigation by replacement.
(1)
If a regulated tree cannot be retained or relocated, the parcel owner must install replacement plantings per Table 407.50.1. Mitigation for the removal of native heritage trees must be with preferred native tree species appropriate for the historic or current site conditions, subject to the following:
(2)
Regulated trees between eight (8) inches and twenty (20) inches dbh, except those trees listed in Subsection (a)(4) below, must be replaced at a ratio of one (1) tree planted for every tree removed.
(3)
Regulated trees greater than or equal to twenty (20) inches dbh, other than trees listed in Subsection (a)(5) below, must be replaced with native trees at the rates in Table 406.15.1.
Table 406.15.1: Heritage Tree Replacement Rate
(4)
Regulated trees found to be in poor health (rated 2) per Table 406.16.1 must be replaced at a ratio of one (1) tree planted for every tree removed.
(5)
No mitigation is required for abundant species such as loblolly pine, slash pine, sweetgum, pecan, under twenty (20) inches dbh and laurel or water oaks under thirty (30) inches dbh.
(6)
Mitigation for abundant species of heritage size must be replaced at a ratio of one (1) tree planted for each tree removed.
(7)
For developments that are guaranteed to include ten (10) percent or more of the housing units which are affordable for thirty (30) years to households at or below eighty (80) percent of the Household Median Income, mitigation rates are fifty (50) percent of the required replacement rates.
(8)
Replacement trees must meet the following:
a.
At least eight (8) feet in height, 1.25 caliper inches;
b.
Consist of native vegetation, indigenous to the area; and
c.
Be Florida Grade No. 1 or better in quality according to the current, most recent edition of "Grades and Standards for Nursery Plants", 2nd edition, published by the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, and available from the Florida Nursery, Growers, and Landscape Association (FNGLA). Nursery invoices or labels must clearly specify that Grade #1 or better were purchased and installed on the site.
d.
Smaller replacement trees may be used on sites where the County determines, on a case-by-case basis, that it is more appropriate due to site conditions and increased likelihood of successful establishment.
(9)
Native trees identified in Section 407.50 of this ULDC that are planted to meet the requirements for landscaping in Article IV of Chapter 407 may count toward total mitigation requirements for tree replacement.
(10)
If on-site planting is not feasible due to physical constraints such as limited space or unsuitable soils, off-site replacement may be allowed on a location approved by the County.
(11)
Monitoring time frames must be established for mitigation and replacement trees when needed.
(12)
Planted palms receive only two (2) inches of mitigation credit for each palm planted.
(b)
Mitigation by fee in lieu payment.
(1)
If relocation or mitigation by replacement are not feasible, a fee may be paid to Alachua County in lieu of replacement planting prior to issuance of a County Construction Permit.
(2)
Replacement trees may be satisfied by a fee-in-lieu payment to the County for the purchase and relocation of a like tree. The payment amount is in the fee schedule and based on the average cost of the purchase, installation, and maintenance for one (1) year of an equivalent number of replacement trees or actual cost of removing and replanting regulated trees.
(c)
Relocation.
(1)
The relocation of a regulated tree may be approved by the County if there is not a reasonable alternative to incorporating it into the development's design.
(2)
The parcel owner must provide irrigation, mulch, soil amendments and other practical means to ensure survival of any relocated tree. If a relocated tree does not survive within a period of three (3) years, the property owner must replace it per the standards set forth in Subsection 406.15(a)). Trees that are successfully relocated do not require mitigation.
(3)
A tree proposed for relocation must be mitigated per the requirements of this Article if the County determines that the long-term survival is questionable due to size, species, or other factors.
(Ord. No. 2025-11, § 2(Exh. A), 6-24-25)
Sec. 406.16. - Tree protection during construction.
The property owner and contractor may only remove vegetation and trees after the issuance of a construction permit outlined in Article XXX of Chapter 402. The removed vegetation and trees must be consistent with the approved development plan.
(a)
Protection during construction. Protection methods, including pruning of trees and tree barricades, must conform to American National Standards Institute (ANSI) A-300.
(1)
All development activity must comply with the approved tree protection measures that are identified in the approved plans during all phases of construction, including both infrastructure (horizontal) or buildings (vertical).
(2)
The property owner and contractor must maintain protective barriers that are consistent with approved development plans until the completion of construction, or the County issues the certificate of occupancy. The County Forester and Landscape Inspector must inspect the location of protective measures before the County issues the construction permit.
(3)
The property owner must ensure that all contractors on site are aware of all required protective measures and/or maintenance activities. The County will issue a stop worker for all development activity if a violation of the approved protective measures is found.
(4)
The property owner and contractor must remove or eradicate any prohibited or discouraged non-native vegetation, identified in Subsection 406.12(c), from the entire parcel concurrent with tree removal and construction permit, and prior to the County issuing a certificate of completion for the construction permit, unless a phasing plan has been submitted in writing and approved by the County.
(b)
Tree barricade construction. The contractor must construct barricades that are:
(1)
Supported by posts, placed no more than ten (10) feet apart and implanted deeply enough in the ground to be stable with at least three (3) feet of the post visible above the ground. The posts must be wood posts, angle iron fence posts, or other post material of equivalent size and strength;
(2)
Linked together by a brightly colored, net fence fabric; and
(3)
Located in a way that does not cause harm to protected vegetation; and
(4)
Must place silt fencing on the development side of any required tree barricading where silt fencing is required.
(c)
Alternative fencing requirement. The County may require alternative fencing materials, such as chain link fencing, on a case-by-case basis where additional protection is necessary due to intensity of development activity, vulnerability of trees or native vegetation to be protected, or similar circumstance.
(d)
Restrictions within the undisturbed areas. The following construction activities are prohibited in the undisturbed areas:
(1)
Digging, trenching, construction lay-down areas, placement of hazardous materials, including fuels and solvents, placement of fill or soils, and parking of construction vehicles or employee vehicles;
(2)
Attaching wires, other than those of a protective and non-damaging nature, to any tree.
(3)
Grade changes within any undisturbed area without prior approval by the County inspector. If a grade change is made and roots larger than one (1) inch in diameter are damaged or exposed, the contractor must cut the roots cleanly and re-cover them with soil.
(4)
Landscape preparation in the undisturbed area is prohibited, unless specifically approved by the County, and is limited to placement of sod, mulch, or other ground covers.
(e)
Repair of damage. The property owner and contractor must replace trees that have been destroyed or received major damage during development activities prior to the issuance of the Certificate of Occupancy, in accordance with Section 406.16.3, Penalty for Unauthorized Removal.
Sec. 406.16.1. - Tree rating system.
The County Forester and Landscape Inspector and qualified professionals must use the following table to assess the health of and mitigation requirements for champion, heritage, and specimen trees under consideration for the required minimum preservation areas.
Table 406.16.1: Tree Rating and Associated Mitigation
(Ord. No. 2025-11, § 2(Exh. A), 6-24-25)
Sec. 406.16.2. - Tree removal permits.
(a)
Permit applications. The following information is required for all regulated tree removal permit applications for residential lots of record and existing developed sites:
(1)
Name, address, telephone number, and email address of the property owner, if the application is submitted by a property owner.
(2)
A notarized affidavit designating the authority to file an application to the agent in addition to the information in this section if the applicant is applying on behalf of the property owner.
(3)
A description of the project including the number of trees to be removed, species, and associated sizes. If the tree removal is needed for an affiliated building permit, or Preapplication Screening review, then note the file number in the description. The County strongly encourages including a site plan or survey of the property which identifies the area of any proposed clearing for improvements as an attachment in the application.
(b)
Residential lots. All construction activity on a lot of record that is to be used for residential purposes is subject to the requirements for tree removal set forth below, unless otherwise specified in an approved development order. A tree removal permit may be issued for activity on a lot of record where the tree has not been calculated for canopy retention under Subsection 406.14.
(1)
Landmark live oaks. Removal may be approved by the Board of County Commissioners upon demonstration by the applicant that the development or construction activity cannot occur in any other location on the site, or that removal is unavoidable due to site conditions and/or design considerations beyond the control of the applicant.
(2)
A tree removal permit and any associated mitigation are not required on residential lots of record one (1) acre or less provided no champion or heritage trees are removed and all other ULDC requirements are met. If a champion or heritage tree is proposed to be removed, a tree permit is required per the requirements of Subsections (3) and (4) below.
(3)
Regulated trees less than twenty (20) inches, and water or laurel oaks less than thirty (30) inches, do not require mitigation, provided their removal is restricted to an area of no more than one (1) acre.
(4)
Mitigation for heritage trees within the one (1) acre must comply with Table 406.15.1, unless otherwise specified in below.
(5)
Applicants may be required to submit a tree survey and a tree protection plan demonstrating that no heritage trees are impacted in the acreage beyond the one (1) acre allowance, and that the plan complies with all other applicable ULDC requirements, if an area greater than one (1) acre is proposed to be cleared.
(6)
Heritage trees removed for construction of a new residence that are located within twenty (20) feet of the building footprint may be replaced at a ratio of half the mitigation required in Table 406.16.1 if the tree is rated 3-5. For trees rated 2, then one (1) replacement tree for each tree removed will be required. If the tree is rated 1 or in extreme decline, then no mitigation is required.
(7)
Heritage trees located within ten (10) feet of an existing structure, such as the home, pool, or detached garage, or other similar accessory structure, and that are causing damage to the structure must be replaced one (1) replacement tree for each tree removed.
(8)
Any other tree removal outside the areas specified above will be subject to the mitigation requirements of Table 406.15.1
(c)
Other tree removal. A tree removal permit may be issued for the removal of regulated trees when the tree:
(1)
Is under attack from an infestation of harmful insects or fungi that are not generally present on other trees of the species and may reasonably be expected to spread to trees not so infested;
(2)
Constitutes an immediate safety hazard, either to persons or to domestic animals, or to buildings, or to other constructions, or to motor, or bicycle, or pedestrian traffic; or
(3)
Is causing progressive damage to buildings or structures, by the normal growth of its branches or roots, where no reasonable correction or prevention is available other than removal.
(Ord. No. 2025-11, § 2(Exh. A), 6-24-25)
Sec. 406.16.3. - Penalty for unauthorized removal.
When regulated trees are removed or damaged without a permit or when trees that were to be preserved in place are damaged or destroyed during activities conducted with a permit, the offending party must replace them at up to double the rate identified in Section 406.15(a).
Remedies for violations of the Tree Code are subject to the violations, penalties, and enforcement provisions of Chapter 409 of this ULDC.
(Ord. No. 2025-11, § 2(Exh. A), 6-24-25)
Sec. 406.16.4. - Tree and vegetation lists.
(a)
Specimen tree list. The list of trees identified in Table 406.16.5 includes specimen trees identified by the County to be of notable interest or high value for their species because of their age, size, condition, historic habitat association, and/or uniqueness. Protection of these species that are less than heritage size through preservation, relocation, or replacement will be determined on a tree-by-tree basis by the County.
(b)
Prohibited non-native vegetation list. The planting of non-native vegetation listed in Table 406.16.6, or species listed in F.A.C. 5B-64.011, Prohibited Aquatic Plants, and F.A.C. 5B-57.007, Noxious Weed List, is prohibited.
Table 406.16.5: Specimen Tree List.
Specimen status shall apply to any size tree unless otherwise specified below.
Table 406.16.6: Prohibited Non-Native Vegetation List
(Ord. No. 2025-11, § 2(Exh. A), 6-24-25)
Sec. 406.17.- Purpose.
The purpose of this Section is to implement the Alachua County Comprehensive Plan, to protect natural upland plant communities which have the potential to maintain healthy and diverse populations of plants or wildlife, to preserve the ecological values and functions of significant plant and wildlife habitats, to provide for habitat corridors and minimize habitat fragmentation, in order to maintain and enhance the diversity and distribution of plant and animal species which are of aesthetic, ecological, economic, educational, historical, recreational, or scientific value to the County and its citizens.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.18. - Applicability.
Development activities on all parcels greater than or equal to two (2) acres in size shall be evaluated for the protection of significant habitat prior to clearing, grading, or other alteration of the habitat.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.19. - Development of planning parcel.
Planning parcels containing significant plant and wildlife habitat or listed species habitat shall not be disaggregated, processed in piecemeal fashion, reviewed, or developed in any manner that results in lesser natural resources protections than would otherwise be required if all land under common ownership or control were considered as a single proposal. To this end, where development or alteration of only a part of a planning parcel is proposed, the following shall be required:
(a)
The applicant shall provide documentation identifying all contiguous properties within Alachua County not separated by a public road that are under common ownership or control extending to the more recent of either May 2, 2005, or five (5) years before submittal of the application.
(b)
A detailed natural resources assessment shall be provided for the proposed project area pursuant to Section 406.04. Regulated natural and historic resources shall be inventoried using the best available data for the remainder of the planning parcel, and all significant plant and wildlife habitat and listed species habitat shall be identified in accordance with Section 406.20.
(c)
Where regulated significant habitat or listed species habitat is identified, in order to proceed, the applicant must demonstrate that the proposed project does not result in lesser protection than would otherwise be required if the entire planning parcel were considered as a single proposal. If the applicant cannot demonstrate such protection, they must complete one of the following:
(1)
A master plan shall be completed for the planning parcel subject to approval by the DRC. The resource master plan shall identify the location of significant habitat and listed species habitat including both the area set aside for permanent protection and any remaining habitat area subject to minimization requirements, and shall include a signed affidavit from each property owner within the planning parcel identifying their willingness to participate in the master plan process; or
(2)
If any property owner within the planning parcel is unwilling to participate in the master plan process, a special area plan shall be authorized by the BOCC, initiated either by the applicant or the County, subject to the requirements of Article XVI of Chapter 402 of this ULDC.
(d)
Each application submitted subsequent to an approved master plan or special area plan shall provide for significant habitat and listed species habitat protection that is either consistent with, or greater than, the protection afforded under the approved plan.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.20. - Identification.
(a)
Site-specific identification.
(1)
The County shall review and analyze applications using various digital data sources, including but not limited to the following:
a.
Florida Fish and Wildlife Conservation Commission maps of land cover, strategic habitat conservation areas, and biodiversity hot spots.
b.
Florida Natural Areas Inventory maps of areas of potential conservation interest and element occurrences.
c.
Water Management District land cover maps.
d.
Various digital aerial photographic series.
(2)
Where map review indicates the likelihood of impact to significant habitat, ground-truthing shall be required in accordance with Subsection 406.20(c) in order to identify the existence, scope and extent of significant habitat associated with the application. If map review indicates the likelihood of listed species habitat, the requirements of Article IV of this Chapter shall apply.
(3)
Significant habitat shall be delineated based on consideration and assessment of at least the following factors:
a.
Quality of native ecosystem.
b.
Overall quality of biological diversity.
c.
Wildlife habitat value.
d.
Presence of listed or uncommon species.
e.
Grouping, contiguity, compactness of native vegetation.
f.
Proximity to other natural preserve areas and corridors.
g.
Impact by prohibited and invasive non-native vegetation.
(b)
Applications for administrative permits. At the applicant's request, the County shall conduct a habitat survey for administrative applications involving significant habitat. The applicant shall not be required to submit a habitat survey where: the habitat is readily observable in the field and may be sufficiently delineated by County staff, impact to significant habitat is avoided and minimized, management can be provided without further study, and a habitat survey is not otherwise required under federal or state law.
(c)
Habitat survey.
(1)
When survey is required. A habitat survey shall be required prior to vegetation removal on any portion of a planning parcel for which development plan approval is sought, where either direct or indirect impact to significant habitat is known or reasonably likely to occur.
(2)
Pre-application conference. Applicants are encouraged to arrange a pre-application conference with County staff prior to undertaking a habitat survey and are required to arrange a pre-application conference prior to submittal of an application where adverse impact to significant habitat is likely.
(3)
Professional standards and methodology. The habitat survey shall be conducted in accordance with the requirements for a natural resources assessment under Section 406.04 and must also meet the following standards:
a.
Non-destructive techniques designed to minimize disturbance of species shall be required, except where destructive or disruptive techniques (such as capture studies) are the preferred means to document species use given the size of the site and complexity of the resource.
b.
The survey shall include detailed descriptions and maps indicating:
1.
Field methods, conditions, dates, times of day, observations, and results.
2.
Transect locations, where applicable.
3.
Habitats or natural communities as field checked across the site.
4.
Representative color photographs taken at ground level.
5.
Recent aerial photographs.
6.
Actual and potential presence of plant and animal species, including indicators (sightings, signs, tracks, trails, rests, evidence of feeding, etc.), population estimates, and occupied habitat boundaries.
7.
Professional opinions and conclusions regarding ecological value of the site.
(4)
County verification. The County shall be notified of the schedule for significant fieldwork and allowed the opportunity to observe or independently verify survey techniques. Results may be field verified by the County.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.21. - Required protection.
(a)
Onsite habitat protection and set-aside limitations. No more than twenty-five (25) percent of the upland portion of a parcel may be required to be protected because it is or includes significant habitat unless the landowner provides consent, or state or federal agencies require additional protection. This provision shall be applied as follows:
(1)
If any significant geologic features and associated buffers, wetland buffers or surface water buffers on the planning parcel are included in the twenty-five (25) percent calculation; such features and buffers shall be established in accordance with the applicable provisions of this Chapter and may exceed twenty-five (25) percent of the upland portion of the parcel.
(2)
If the significant habitat in combination with any of the features identified in Subsection 406.21(a)(1) equal less than twenty-five (25) percent of the planning parcel, the entire significant habitat shall be protected.
(3)
The County shall work with the applicant to select that portion of the significant habitat that will be included in the set-aside area, based on the limitations and factors identified above and in accordance with criteria in Section 406.97, site selection and design for conservation management areas.
(4)
Where the significant habitat alone or in combination with the features identified in Subsection 406.21(a)(1) is greater than twenty-five (25) percent of the upland portion of the planning parcel, no additional upland set-aside of the significant habitat area shall be required. However, the County shall encourage the applicant to protect the significant habitat on the planning parcel through creative and flexible approaches to development of the property.
(b)
Boundaries of protected significant habitat. If a master plan or special area plan is not required, the boundaries of the protected significant habitat shall be designated in a certified survey submitted to the County for approval prior to issuance of the development order. Significant habitat shall be permanently protected and managed in accordance with the standards in Article XVII of this Chapter for conservation management areas.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.22. - Alternatives to onsite habitat protection.
(a)
When considered. Alternatives to onsite habitat protection may be considered in the following circumstances:
(1)
When physical constraints of the parcel preclude maintenance of ecological integrity of preserved vegetation, given considerations as to size of the development site, habitat quality, connectivity, adjacent uses, and feasibility of management;
(2)
When opportunities exist for long-term protection and management of significant habitat of equal or greater habitat value than would not have otherwise been protected; or
(3)
When establishment of conservation management areas within a project would result in small, fragmented areas with limited habitat value compared to available alternatives.
(b)
Standards. If protection of the existing significant habitat area is not feasible due to one of the circumstances identified in this Section, an applicant may pursue one of the following options:
(1)
The applicant may relocate existing vegetation to another portion of the site or establish a new area of native vegetation on another portion of the site, as part of an approved management plan in accordance with the requirements of Article XX of this Chapter; or
(2)
The applicant may provide as a conservation management area at least two (2) acres of comparable habitat area for every one (1) acre of onsite significant habitat that would have otherwise required protection by this Chapter. The County may consider alternative proposals that provide equal or greater protection.
(3)
Alternatives to onsite protection shall be evaluated by the BOCC in accordance with the criteria of this Chapter. If listed species are determined to be on the parcel, the criteria of Article IV of this Chapter shall also apply.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.23. - Violations.
For the purposes of this Section, the alteration or removal of any significant habitat up to five hundred (500) square feet without prior review and approval may be considered a violation unless expressly exempt under this Chapter. Alteration or removal of each additional five hundred (500) square feet of significant habitat or portion thereof in violation of this Chapter may constitute a separate and additional violation.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.24.- Purpose.
It is the purpose of this Section to implement the Alachua County Comprehensive Plan, to preserve and protect the habitat in Alachua County sufficient to maintain and enhance viable populations of plants and animals that are listed by the U.S. Fish and Wildlife Service, the Florida Fish and Wildlife Conservation Commission, the Florida Department of Agriculture and Consumer Services, and the Florida Natural Areas Inventory because of their status as endangered, threatened, of special concern, or imperiled, to provide recently documented feeding, breeding, nesting, or repetitive use areas.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.25. - Applicability.
Development activities on all parcels greater than or equal to two (2) acres in size shall be evaluated for the protection of listed species habitat prior to clearing, grading, or other alteration of the habitat. Where only a portion of a planning parcel is presented as part of an application, the planning parcel shall be evaluated in accordance with Section 406.19.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.26. - Identification.
(a)
Listed species habitat. Listed plant and animal species include those species identified in 50 CFR 17.11 and 17.12, Endangered and Threatened Wildlife and Plants, F.A.C. 5B-40.0055, Regulated Plant Index, F.A.C. 68A-27, Rules Relating to Endangered or Threatened Species, and those identified as S1, S2, or S3 by the Florida Natural Areas Inventory (available at www.fnai.org). Charts of the habitats with which these species are commonly associated are maintained by the Alachua County Environmental Protection Department and are available in a variety of written and electronic formats.
(b)
Site-specific identification.
(1)
The County shall review and analyze applications using various digital data sources, including but not limited to the following:
a.
Florida Fish and Wildlife Conservation Commission maps of land cover, strategic habitat conservation areas, and biodiversity hot spots.
b.
Florida Natural Areas Inventory maps of areas of potential conservation interest and element occurrences.
c.
Water Management District land cover maps.
d.
Various digital aerial photographic series.
(2)
Where map review indicates the likelihood of listed species habitat, ground-truthing shall be required in accordance with Subsection 406.26(d) in order to identify the existence, scope, and extent of significant habitat associated with the application.
(3)
Listed species habitat shall be delineated based on consideration and assessment of at least the following factors:
a.
Quality of native ecosystem.
b.
Overall quality of biological diversity.
c.
Habitat value.
d.
Presence of listed species.
e.
Grouping, contiguity, compactness of native vegetation.
f.
Proximity to other natural preserve areas and corridors.
g.
Impact by prohibited and invasive non-native vegetation.
(c)
Applications for administrative permits. At the applicant's request, the County shall conduct ground-truthing for administrative applications involving listed species habitat. The applicant shall not be required to submit a habitat survey where: the habitat is readily observable in the field and may be sufficiently delineated by County staff, impact to significant habitat is avoided and minimized, management and any required mitigation can be provided without further study, and a habitat survey is not otherwise required under federal or state law. When a habitat survey is not provided, presence of listed species may be presumed and habitat protected in accordance with the standards outlined in this Section, in any of the following circumstances:
(1)
A listed species individual has been recently documented on the planning parcel;
(2)
A portion of the planning parcel is within the known or suspected range of certain listed species; or
(3)
The land by itself, or in connection with other lands, meets the minimum habitat needs for a viable population, nesting pair, or nesting colony of listed species.
(d)
Habitat survey.
(1)
When survey is required. A habitat survey shall be required prior to vegetation removal on any portion of a planning parcel for which development plan approval is sought, where either direct or indirect impact to the listed species habitat area is known or reasonably likely to occur.
(2)
Pre-application conference. Applicants are encouraged to arrange a pre-application conference with County staff prior to undertaking a habitat survey, and are required to arrange a pre-application conference prior to submittal of an application where adverse impact to listed species habitat is likely.
(3)
Professional standards and methodology. The habitat survey shall be conducted in accordance with the requirements for a natural resources assessment under Section 406.04 and must also meet the following standards:
a.
Non-destructive techniques designed to minimize disturbance of species shall be required, except where destructive or disruptive techniques (such as capture studies) are the preferred means to document species use given the size of the site and complexity of the resource.
b.
The survey shall include detailed descriptions and maps indicating:
1.
Field methods, conditions, dates, times of day, observations, and results.
2.
Transect locations, where applicable.
3.
Habitats or natural communities as field checked across the site.
4.
Representative color photographs taken at ground level.
5.
Recent aerial photographs.
6.
Actual and potential presence of plant and animal species, including indicators (sightings, signs, tracks, trails, rests, evidence of feeding, etc.), population estimates, and occupied habitat boundaries.
7.
Professional opinions and conclusions regarding ecological value of the site.
(4)
County verification. The County shall be notified of the schedule for significant fieldwork and allowed the opportunity to observe or independently verify survey techniques. Results may be field verified by the County.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.27. - Management plan.
If the habitat survey identifies the presence of listed species or listed species habitat, or potential for adverse impacts to any listed species habitat, the applicant shall submit to the County for review and approval a management plan that ensures protection of the habitat with no adverse effect on species survival. The management plan shall meet the requirements of Article XX of this Chapter and the standards set forth in this Section.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.28. - Intergovernmental coordination.
Where listed species are regulated by the state or federal government, the applicant shall complete and submit to the County the habitat survey and associated management or mitigation plans prior to or concurrent with submittal of applications to the relevant state or federal agency. The County shall consult and coordinate with appropriate agencies to streamline the permitting process. All activities shall comply with applicable state and federal laws, regulations, performance standards, and management guidelines.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.29. - Onsite protection.
Listed species habitat shall be designated and protected onsite as a conservation management area in accordance with Article XVII of this Chapter and the following shall apply, except where onsite protection is determined to be infeasible under the criteria of Section 406.30:
(a)
Onsite habitat protection and set-aside limitations. No more than twenty-five (25) percent of the upland portion of a parcel may be required to be protected because it is or includes listed species habitat unless the landowner provides consent, or state or federal agencies require additional protection. This provision shall be applied as follows:
(1)
If any significant geologic features and associated buffers, wetland buffers or surface water buffers on the planning parcel are included in the twenty-five (25) percent calculation; such features and buffers shall be established in accordance with the applicable provisions of this Chapter and may exceed twenty-five (25) percent of the upland portion of the parcel.
(2)
If the listed species habitat in combination with any of the features identified in Subsection 406.29(a)(1) equal less than twenty-five (25) percent of the planning parcel, the entire listed species habitat shall be protected.
(3)
The County shall work with the applicant to select that portion of the listed species habitat that will be included in the set-aside area, based on the limitations and factors identified above and in accordance with criteria in Section 406.97, Site selection and design for conservation management areas.
(4)
Where the listed species habitat alone or in combination with the features identified in Subsection 406.29(a)(1) is greater than twenty-five (25) percent of the upland portion of the planning parcel, no additional upland set-aside of the listed species habitat area shall be required. However, the County shall encourage the applicant to protect the portions of the listed species habitat outside the set-aside area through creative and flexible approaches to development of the property, subject to the density and impact limitations of Subsection 406.03(b).
(b)
Conditions of approval. Development approval conditions may limit or preclude development of structures, impervious surfaces, and other uses within an appropriate distance of locations of protected habitat, if necessary, for the continued viability of the protected habitat. Depending on the type of species, the following special design standards may be required adjacent to protected listed species habitat to minimize disturbance:
(1)
A minimum setback of fifteen (15) feet from the protected listed species habitat may be required for construction activities. Clearing, grading, and filling may be prohibited within the setback area unless the applicant can demonstrate that vegetation within the protected area will not be damaged.
(2)
Landscaping within associated buffers or construction setbacks may require utilization of native vegetation that is compatible with existing native plant communities, soils, and climatic conditions.
(3)
Habitat corridors may be required between protected habitat areas onsite, and between protected areas on and off-site, subject to the twenty-five (25) percent limitation in Subsection (a) above.
(c)
Boundaries of protected listed species habitat. If a master plan, special area plan or management plan is not required, the boundaries of the protected significant habitat shall be designated in a certified survey submitted to the County for approval prior to issuance of the development order. Listed species habitat shall be permanently protected and managed in accordance with the standards in Article XVII of this Chapter for conservation management areas.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.30. - Alternatives to onsite protection.
(a)
Circumstances for consideration of alternatives.
(1)
When scientific data demonstrates that onsite protection will not be conducive to the long term health of the listed species or listed species habitat;
(2)
When evidence presented by the applicant demonstrates that the protected habitat would be prohibitively difficult to manage adequately due to the management requirements of the habitat; or
(3)
When protected areas would be less than the smallest minimum territorial requirements of identified species individuals and cannot be connected with other protected areas which would result in sufficient territorial requirements.
(b)
Protected habitat standards. For every one (1) acre of onsite listed species habitat not protected through avoidance or minimization, an offsite protection area shall provide two (2) acres of comparable habitat as a conservation management area, in accordance with the mitigation requirements of Article XXI of this Chapter. The County may consider alternative mitigation proposals which provide equal or greater protection.
(c)
Relocation of listed species. Relocation of listed species may be permitted only as a last resort in consultation with the appropriate state or federal agency, provided that the listed individuals are relocated prior to any site modifications, in accordance with an approved development plan.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.31. - Violations.
For the purposes of this Section, the alteration or removal of any listed species habitat up to five hundred (500) square feet without prior review and approval may be considered a violation unless expressly exempt under this Chapter. Alteration or removal of each additional five hundred (500) square feet of listed species habitat or portion thereof in violation of this Chapter may constitute a separate and additional violation. Requirements for corrective action are provided in Section 406.115.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.32.- Purpose.
The purpose of this Article is to implement the Alachua County Comprehensive Plan, to protect conserve, enhance, and manage the ecological integrity of natural systems in Alachua County that have aesthetic, ecological, economic, educational, historical, recreational, or scientific value due to the interrelationship of one or more landscape, natural community, or species scale characteristics. It is also the purpose of this Article to promote connectivity and minimize fragmentation of natural systems, and to protect wetlands, floodplains, and associated uplands in a broad systems context through resource-based planning, including inter-jurisdictional and inter-agency coordination, across multiple parcels rather than individual parcel planning.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.33. - Identification.
Strategic ecosystems are identified in the KBN/Golder Associates report, "Alachua County Ecological Inventory Project" (1996), and mapped generally by the KBN/Golder Ecological Inventory Map, which is an overlay to the Future Land Use Map, adopted and made a part of this Chapter by reference. The specific location and extent of strategic ecosystem resources shall be determined through ground-truthing using the KBN/Golder Associates report as a guide to determine the location and extent of the ecological community or communities described, generically, in the KBN/Golder report or of other natural resources generally consistent with the pertinent site summary in the KBN/Golder report. The ground-truthing process shall be implemented either as part of the development review process, or the special area planning process detailed in Article XVI of Chapter 402. Variability of community quality shall not be a basis for the delineation but may be a basis for determining the most appropriate locations for development and conservation, respectively. Those areas found not to contain strategic ecosystem resources shall be eligible for consideration for development as part of a development plan or special area plan provided the ecological integrity of the strategic ecosystem as a whole will be sufficiently protected.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.34. - Agricultural and silvicultural activities.
The County shall work with owners of agricultural and silvicultural lands to retain the ecological integrity and ecological value of strategic ecosystems through management plans and incentives.
(a)
For bona fide agricultural activities, including silvicultural activities, identification and verification of best management practices shall be required in accordance with Section 406.05.
(b)
A management plan shall be required before any activity occurs in a strategic ecosystem that has not been used for bona fide agriculture or silviculture within the last twenty (20) years, consistent with Subsection 406.05(a) and in accordance with one of the following:
(1)
The management plan shall provide for retention of the ecological integrity and ecological value of the strategic ecosystem.
(2)
The management plan shall be submitted to Alachua County for review and approval by staff. Management plans not meeting the general template standards of Subsection 406.112(e) will require review and approval through the development review process.
(3)
The management plan may be satisfied by land acquisition, conservation easement, or participation in a conservation program sponsored by the United States Department of Agriculture Natural Resources Conservation Service.
(4)
The management plan may be satisfied by any agricultural or silvicultural certification program's required management plan, provided it demonstrates that the ecological integrity and value of the system is protected.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.35. - On-site habitat protection and set-aside limitations.
No more than 50 percent of the upland portion of a parcel may be required to be preserved because it is or includes strategic ecosystem unless the landowner provides consent, or state or federal agencies require additional protection. This provision shall be applied as follows:
(a)
Upland areas required to be protected pursuant to Comprehensive Plan policies or regulations for significant geologic features and wetland and surface water buffers shall be counted in the calculation of the 50-percent limitation, however the extent of protection of significant geological features and wetland and surface water buffers shall not be reduced by this limitation.
(b)
If the strategic ecosystem in combination with any of the features identified in Subsection (a) above, equal less than 50 percent of the upland portion of the parcel, the entire strategic ecosystem shall be protected.
(c)
The County shall work with the applicant to select that portion of the strategic ecosystem that will be included in the set-aside area, based on limitations and factors identified above and in accordance with criteria in Section 406.97, Site selection and design for conservation management areas.
(d)
Where the strategic ecosystem alone or in combination with the features identified in Subsection (a) above, is greater than 50 percent of the upland portion of the parcel, development densities on any portion of the strategic ecosystem outside of the set-aside area shall be governed by Subsections 406.03(b)(1) and (2).
(e)
For developments that comply with all applicable provisions of this Article, the set-aside limitations in this Section shall constitute full compliance with conservation element policies addressing avoidance, minimization, and mitigation related to the protected resource.
(f)
The County shall encourage the applicant to protect the portions of the strategic ecosystem outside of the set-aside area through creative and flexible approaches to development of the property, using the provisions of Subsection 406.38(c) for guidance.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.36. - Development activities.
The preferred planning mechanism for any new or expanded activity in, on or over a strategic ecosystem shall be a special area plan. If an applicant seeks development prior to the County's adoption of the scope of work for a special area plan within a particular strategic ecosystem, the applicant has three (3) options:
(a)
For all administrative activities, the applicant may proceed through the prescreening process for administrative permits in accordance with Article II, Common Development Application Elements, of Chapter 402, subject to the development standards in Subsection 406.38(c), where applicable.
(b)
A special area study or plan may be conducted at the applicant's expense, in accordance with Article XVI of Chapter 402. All subsequent development shall be in compliance with the adopted special area plan.
(c)
If the applicant demonstrates that the ecological integrity of the strategic ecosystem will be sufficiently protected, the applicant may proceed as set forth in Section 406.38.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.37. - Additional development application submittal requirements.
The following information shall be submitted with an application for development within a strategic ecosystem in order to evaluate whether the development may proceed before a special area plan has been adopted.
(a)
All information required by Section 406.04 as part of a natural and historic resources assessment;
(b)
General analysis of adjacent properties sufficient to provide resource context;
(c)
Ownership and use information, including parcel numbers and acreage, for all land under common ownership or control within the strategic ecosystem or contiguous to the proposed development site; and
(d)
All proposed protection and management strategies for the natural and historic resources on the site and on any properties under common ownership and control as identified in Subsection (c) above.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.38. - Alternative to special area planning in strategic ecosystems.
As part of the development review process, County staff shall evaluate whether a proposal is sufficiently protective of the ecological integrity of the strategic ecosystem and a finding shall be made by the appropriate review body as to whether a special area study shall be required in accordance with Article XVI of Chapter 402 or development may proceed in accordance with the provisions of this Section. The evaluation shall be made using the information required in Section 406.37 that is based on consideration of natural resource and land use characteristics specific to the system as identified by the KBN/Golder Ecological Inventory Map and through ground-truthing in accordance with Section 406.33.
(a)
Evaluation. The evaluation shall include an assessment as to whether the proposal protects resources within the project area and within the ecosystem as a whole, according to the following:
(1)
Features that define the strategic ecosystem;
(2)
Areas critical for system connectivity; important plant or wildlife habitat areas and characteristics;
(3)
Feasibility of important management strategies, such as prescribed burning;
(4)
Protection and management of additional resources for all properties under common ownership and control within the strategic ecosystem; and
(5)
Density transfer opportunities in accordance with Subsection 406.03(d).
(b)
Equal to or less than fifty (50) percent strategic ecosystem. Where the evaluation shows that the strategic ecosystem comprises no more than fifty (50) percent of the upland portion of the subject property, development will be allowed to proceed prior to adoption of a special area plan.
(c)
More than fifty (50) percent strategic ecosystem. Where the evaluation shows that the strategic ecosystem comprises more than fifty (50) percent of the subject property, development may be allowed to proceed prior to adoption of a special area plan provided that the following development standards are applied:
(1)
Mechanisms to coordinate management activities with adjacent resources in the strategic ecosystem shall be provided, and management plans shall be required in accordance with Article XVI of Chapter 402.
(2)
Vegetation loss, grade change, and disturbance of the development site shall be minimized by careful site design fitted to the topography and soil; removal of vegetation shall be limited to only that necessary to develop the site.
(3)
Access, infrastructure, stormwater management and utilities shall be sited with consideration to minimizing impacts across multiple properties, providing for wildfire mitigation, and maximizing opportunities for shared facilities such as common driveways, utility access, and building impact areas.
(4)
Natural and historic resource protections required elsewhere in this ULDC or by federal, state, and regional permitting agencies shall be applied.
(5)
No development or other adverse impact to the set-aside portion of the property shall be allowed, except where no other access is available, in which case impact may be allowed in the least sensitive portion of the system in accordance with Paragraph (3), subject to the mitigation requirements in Article XXI of this Chapter.
(6)
Where impact is proposed in the remaining conservation area outside the required set-aside, the following shall apply:
a.
The applicant shall locate development on buildable area outside of the strategic ecosystem to the greatest extent practicable.
b.
Parcels, lots, building areas, and driveways shall be configured to minimize overall impact to ecosystem integrity.
c.
Subdivisions and non-residential development shall meet requirements for rural clustered subdivisions set forth in Section 407.77 and Section 407.78.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.39. - Violations.
For the purposes of this Section, the alteration or removal of any portion of a strategic ecosystem without prior review and approval may be considered a violation unless expressly exempt under this Chapter. Alteration or removal of each additional five hundred (500) square feet of strategic ecosystem or portion thereof in violation of this Chapter may constitute a separate and additional violation. Requirements for corrective action are provided in Section 406.115.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.40.- Purpose.
It is the purpose of this Chapter to preserve, protect, and improve the public health, safety, and general welfare of the citizens of Alachua County, and to conserve and protect open bodies of water and flowing streams, wetlands, and the natural and scenic resources of Alachua County, and to implement the Alachua County Comprehensive Plan.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.41. - Applicability.
(a)
Waters included. Surface waters is a comprehensive term that includes all rivers, streams, creeks, springs, lakes, ponds, intermittent water courses, and associated wetlands that hold or transport water on the ground surface. Wetlands comprise a specific subset of surface waters that meet certain hydrologic, vegetative, and soil criteria (see full definition in Chapter 410).
(b)
Regulated activities. Except as otherwise expressly provided in this Section, no alteration shall occur in, on or over a surface water or wetland area or buffer, and no alteration shall occur adjacent to or connected to a surface water or wetland area such that the water regime is modified in a way that precludes the area in question from maintaining surface water or hydroperiod necessary to sustain wetland structure and function equivalent to pre-alteration levels.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.42. - Jurisdiction and delineation.
Alachua County shall have regulatory authority over all surface waters and wetlands located within the unincorporated area of the County.
(a)
Delineation methodology. Alachua County shall utilize the uniform statewide methodology adopted by the Florida Department of Environmental Protection and Water Management Districts to delineate wetlands, as outlined in Florida Administrative Code Rule 62-340.300 for wetlands, and Rule 62-340.600 for surface waters. The County shall not be limited by the threshold or connection requirements utilized by these agencies for purposes other than delineation.
(b)
General mapping. The locations and general extent of surface waters and wetlands in Alachua County are depicted on multiple digital map sources, including: the United States Department of the Interior, United States Fish and Wildlife Service, 1985, National Wetlands Inventory; the United States Geological Survey, Hydrography; the United States Department of Agriculture Natural Resources Conservation Service, Hydric Soils; and Water Management District Wetlands Mapping, 1995. The maps are intended for use only as a general reference for determining location and approximate extent of surface waters and wetlands. The provisions of this Chapter shall apply to all surface waters and wetlands, and adjacent areas, and shall not be limited to those depicted on maps described above.
(c)
Site specific determination.
(1)
Applicants for any activity in, on or over a jurisdictional surface water or wetland or buffer, or adjacent to (same or contiguous tax parcel) or connected to a surface water or wetland, regardless of size, shall be required to submit a natural resources assessment that includes identification of all surface waters, wetlands, and buffers. Applicants are encouraged to arrange a pre-application conference with County staff prior to submittal of an application.
(2)
The County shall provide verification of a wetlands jurisdictional determination of a specified parcel of land prior to final approval, and before any activity is allowed to proceed in a buffer area or on or adjacent to a surface water or wetland. Final jurisdictional determinations shall be considered valid for a period of five (5) years.
(3)
If the applicant has received a delineation of the extent of a surface water or wetland by the Florida Department of Environmental Protection or a water management district, pursuant to a formal determination under F.S. § 373.421(2), or pursuant to a permit issued under F.S. Ch. 373, in which the delineation was field-verified by the permitting agency and specifically approved in the permit, the delineation shall be binding on the County for the duration of the formal determination or state permit.
(d)
Final drawings. All final drawings for applications other than work on a private single-family residential lot shall be sealed or certified by:
(1)
A Florida registered professional engineer; or
(2)
A Florida registered professional surveyor; or
(3)
A Florida registered professional landscape architect; or
(4)
An environmental professional certified by the National Association of Environmental Professionals or the Florida Association of Environmental Professionals.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.43. - Water resources buffers.
(a)
Buffers are integral to the maintenance of surface water and wetland structure and function. A buffer shall be required between all proposed activity and the landward extent of the surface water or wetlands as established in this Chapter. The width of buffer shall be determined on a case-by-case basis after site inspection by the County, depending on what is demonstrated to be scientifically necessary to protect natural ecosystems from significant adverse impact.
(b)
In determining the actual buffer width, the following factors shall be considered:
(1)
Type of activity and associated potential for adverse site-specific impacts;
(2)
Type of activity and associated potential for adverse offsite or downstream impacts;
(3)
Surface water or wetland type and associated hydrological requirements;
(4)
Buffer area characteristics, such as vegetation, soils, and topography;
(5)
Required buffer function (e.g. water quality protection, wildlife habitat requirements, flood control);
(6)
Presence or absence of listed species of plants and animals; and
(7)
Natural community type and associated management requirements of buffer.
(c)
Absent scientific information which demonstrates that a larger or smaller buffer width is appropriate, the following buffer widths shall apply for the resources set forth in the table below.
(d)
The buffer shall retain the existing undisturbed vegetation. No activity shall occur within a buffer area, except as expressly provided in this Section or as approved by Alachua County in accordance with standards set forth in Section 406.46. The above shall not be interpreted to prohibit the removal of non-native vegetation or the planting of native vegetation.
(e)
In the event that alteration to a surface water buffer or wetland buffer area occurs without first obtaining the approval required by this Chapter, restoration or other corrective action shall be required of the responsible party at a ratio of between 2:1 and 10:1 acreage of compensation area to impacted area, based on factors including but not limited to:
(1)
Nature, degree, and geographic extent of adverse impact;
(2)
Length of time necessary to restore buffer characteristics and function;
(3)
Rarity or uniqueness of vegetation altered;
(4)
Value and function of adjacent surface waters and wetlands.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.44. - General approval criteria.
Final approval of an application may not be granted pursuant to this Section until it is determined that each of the following criteria will be met:
(a)
There shall be no net loss of wetland values and functions.
(b)
The project is designed to minimize adverse impacts regarding the conservation of populations of fish or wildlife or their habitats.
(c)
The project is designed to control and will not cause excessive erosion.
(d)
The project will not adversely affect commercial or recreational fisheries or their habitats.
(e)
Listed species and/or their critical habitats will not be adversely impacted.
(f)
The project will not adversely impact historic resources or paleontological resources.
(g)
Project alternatives and modifications to lessen impacts have been determined to be infeasible, i.e. there are no reasonable design alternatives or modifications available to lessen impacts.
(h)
The project does not conflict with any other federal, state, or local designated preserve or conservation area.
(i)
Any structure proposed in, on or over a surface water is water-dependent. If not water-dependent, the structure must clearly demonstrate an overriding public purpose.
(j)
There will be no violation of water quality standards; the project complies with state and local water quality rules and standards set forth in Florida Administrative Code Chapters 62-302, 62-550, and 40C-4.301(1)(e), and the Alachua County Water Quality Standards and Management Practices.
(k)
In conjunction with other projects, the project will not result in cumulative impacts that in the aggregate fail the criteria of this Section.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.45. - Permanent protection.
Applicants not exempted under this Section shall be required to designate and protect in conservation management area all surface waters, wetlands, and associated buffers on the parcel for which development activity is proposed in accordance with Article 17 of this Chapter, except for those portions on which impact is authorized pursuant to Section 406.47 below.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.46. - Mitigation and monitoring plan.
For projects that do not meet the general approval criteria of Section 406.44, and are not specifically exempted by this Section, the County may evaluate proposals for mitigation. Mitigation plans shall be evaluated as part of preliminary plan review by the BOCC. For projects requiring a construction permit, the DRC shall approve a final development plan ensuring implementation of the BOCC-approved mitigation plan prior to wetland or buffer alteration. BOCC/DRC-approved mitigation generally shall be required to be completed prior to issuance of a construction permit, unless an alternate timeline is specifically authorized as part of the BOCC/DRC approval.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.47. - When to evaluate mitigation proposals.
Where impact is allowed under one of the scenarios identified in this Section, mitigation shall be required in accordance with Section 406.48 of this Chapter.
(a)
Impact may be allowed if all of the following criteria are met:
(1)
Mitigation may be permitted for new wetland loss only where the applicant demonstrates that the activity cannot practically be located on the upland portion of the parcel or contiguous parcels under common ownership or control. The applicant must show that one of the following applies:
a.
Minimal impact activity; or
b.
Overriding public interest; or
c.
All economically viable use of the property is otherwise precluded;
(2)
An applicant may be permitted to mitigate for wetland loss only where the applicant has made all practicable project modifications to avoid and minimize wetland loss and degradation in accordance with Article XXI;
(3)
An applicant may be permitted to mitigate for wetland loss where the applicant can demonstrate that the existing wetlands that are to be converted to upland uses are of minimal function and value based on their size, soils, hydrology, plant and animal life, and that the measures necessary to sustain or restore the existing wetlands would be less feasible than the proposed mitigation plan; and
(4)
Development impact area shall not exceed the rate of one-half (½) acre per ten (10) acres of wetland area, including the footprint of principal and accessory structures and parking, allowing for reasonable access.
(b)
Impact may also be allowed to isolated poor quality wetlands as follows:
(1)
Impact may be allowed to any isolated poor quality wetland that is less than one-fourth (0.25) acre in size, provided the total impact area is not greater than or equal to one-fourth (0.25) acre per development.
(2)
For purposes of this Section, poor quality shall be defined as minimal function and value in accordance with criteria of Subsection 406.47(a)(3) above.
(3)
Mitigation of adverse impact shall be required.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.48. - Standards for accepting mitigation proposals.
In order to be considered, a mitigation proposal must ensure the long-term viability of the mitigation project, advance the County's natural resources conservation objectives and policies, and meet the minimum standards for mitigation of conservation areas generally as set forth in Section 406.114. Specifically:
(a)
Mitigation shall occur only within the boundaries of the County. Whenever possible, mitigation shall occur in the same watershed in which the impacts occur. Alternatively, mitigation may occur in areas designated by the County.
(b)
Mitigation shall be determined for individual projects by applying the Uniform Wetland Mitigation Assessment Method, pursuant to Chapter 62-345, Florida Administrative Code.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.49. - Reserved.
Editor's note— Ord. No. 12-09, § 2(Exh. A), adopted Oct. 9, 2012, repealed former section 406.49 in its entirety which pertained to corrective action for unauthorized impacts and derived from Ord. No. 05-10, § 2, adopted Dec. 8, 2005.
Sec. 406.50. - Exemptions.
The following activities are allowed on regulated surface waters, wetlands, and wetland buffers, subject to the specified limitations, restrictions and conditions. Persons wishing to make use of an exemption shall submit a natural resources inventory or comparable administrative notice in order to demonstrate that they qualify for exemption prior to initiating any of the following activities in surface waters, wetlands, and buffers:
(a)
Bona fide agricultural activities.
(1)
Silvicultural activities. Forestry operations conducted in accordance with the practices outlined in Best Management Practices for Silviculture (October 2003 edition published by the Department of Agriculture and Consumer Services, Division of Forestry). This exemption shall be available only to those operations which meet the criteria of Subsection 406.05(c).
(2)
Non-silvicultural activities.
a.
Existing bona fide agricultural activities that did not require approval prior to October 29, 1992, the adoption of the Alachua County Surface Waters and Wetlands Ordinance (Ordinance No. 92-42), provided that the activities are conducted according to applicable best management practices.
b.
Operations that cannot qualify for an exemption pursuant to this Subsection may apply for an administrative determination. The County may approve administratively the pursuit of agricultural activities in, on or over a surface water or wetland area or buffer, or adjacent to or connected to a surface water or wetland area, if it is determined that the proposal:
1.
Will have minimal impact on navigational access, water quality, fish, wildlife, exceptional associations of plant life, listed species, or hydrologic characteristics critical to the support of the surface water and/or wetland system; and
2.
Will not result in the draining or permanent filling of a surface water or wetland area; and
3.
Will incorporate mitigating conditions where necessary to ensure minimal impact.
(b)
Minor nature trails. Construction and maintenance of public or private nature trails no greater than ten (10) feet in width, including boardwalks and foot bridges, provided that no more dredging or filling is performed than necessary to install, repair or replace pilings.
(c)
Minor docks. The installation of a dock less than 600 square feet in footprint size, excluding walkways, provided that the requirements of Section 404.108 of this ULDC are met.
(d)
Navigational aids. The installation of aids to navigation, including, but not limited to, bridge fender piles, "No Wake" and similar regulatory signs, and buoys associated with such aids, provided that the devices are marked pursuant to F.S. § 327.40.
(e)
Treatment wetlands. In the case where specific permitted use(s) and associated required modifications are allowed in "treatment wetlands" or in a "wetlands stormwater discharge facility" pursuant to Chapter 62-611 and Rule 62-25.042, Florida Administrative Code, respectively. Failure to comply with operating conditions of such permit(s) shall nullify this exemption.
(f)
Connection of stormwater facilities. Dredging or filling which is required to connect stormwater management facilities permitted by the St. Johns River Water Management District, the Suwannee River Water Management District, or the Alachua County Department of Public Works to nontidal wetlands and which is incidental to the construction of such stormwater management facilities. Incidental dredging or filling shall include:
(1)
Headwalls and discharge structures; and
(2)
Erosion control devices or structures to dissipate energy which are associated with discharge structures; and
(3)
Outfall pipes less than 20 feet in length, provided the pipe does not interfere with navigation; and
(4)
The connection of ditches dug through the uplands where the dredging or filling for the connection to wetlands extends less than 20 feet in length into the wetland; and
(5)
Other dredging or filling which the Environmental Protection Department determines will have a similar effect as those activities listed above.
(g)
Repair or replacement. The repair or replacement of existing vehicular bridges, open-foot trestle bridges, functional piers, mooring piles, boat ramps, or stormwater discharge pipes, at the same location and of the same dimensions and configuration as the original being repaired or replaced, provided that no more dredging or filling is performed than necessary, and no debris from original structures shall be allowed to remain in jurisdictional wetlands.
(h)
Emergency repairs. Emergency repairs consistent with the requirements of Florida Administrative Code.
(i)
Maintenance dredging. The performance of maintenance dredging of existing man-made ditches, canals, channels, and intake and discharge structures, where the spoil material is to be removed and deposited on a self-contained, upland spoil site which will prevent the escape of the spoil material and return water from the spoil site into surface waters, provided no more dredging is performed than is necessary to restore the canals, channels, and intake and discharge structures to original design specifications, and provided further that control devices are used at the dredge site to prevent turbidity and toxic or deleterious substances from discharging into adjacent waters during maintenance dredging. This exemption shall not apply to the removal of a natural or man-made barrier separating a canal or canal system from adjacent waters.
(j)
Previously approved permits.
(1)
Dredge and fill permits. Specifically permitted dredge and fill or surface water management activities that were approved by a federal or state agency or a water management district, prior to October 29, 1992, the adoption of the Alachua County Surface Waters and Wetlands Ordinance (Ordinance No. 92-42). Failure to comply with operating conditions of such permits shall nullify this exemption.
(2)
Other permits. Projects for which the applicant demonstrates that formal development approvals or permits have been issued by other regulatory agencies prior to October 29, 1992, the date of adoption of the Alachua County Surface Waters and Wetlands Ordinance (Ordinance No. 92-42).
(k)
Altered wetlands. In instances where the water regime of a wetland has been artificially altered, but the dominant vegetation of the area in question continues to be comprised of listed species, a feasibility of hydrologic restoration shall be made by County staff. Hydrologic restoration that can be accomplished by minor earth work or drainage controls, and would not be contrary to the public health, safety, and welfare, shall be viewed as the preferable alternative to the proposed development activity. This provision for exemption is not intended to apply in the case where a surface water and/or wetland has been filled or altered in violation of any rule, regulation, statute, or this Chapter.
(l)
Artificial wetlands. All man-made impoundments, lakes, streams, ponds, artificial, or created wetlands, and all stormwater management facilities, provided that development activities in these areas will not adversely impact natural or mitigation surface waters and wetlands. If these facilities were required as a mitigation project they shall not be exempt from this Chapter. If any wetlands or surface waters are part of a stormwater management facility approved by the County, the same function must be provided, and any modifications shall be subject to approval by the County Engineer.
(m)
Miscellaneous. Those other projects for which the Alachua County Environmental Protection Department determines, in writing, that there will be no significant adverse impacts based on the factors and criteria set forth in this Section.
(n)
Surface water recreational access. Removal of aquatic vegetation no more than 25 feet in width or 25 percent of the shoreline, whichever is less, may be allowed provided the Alachua County Environmental Protection Department determines, in writing, that there will be no significant adverse impacts based on the factors and criteria set forth in this Section.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20; Ord. No. 2022-13, § 2, 6-14-22)
Sec. 406.51. - Violations and use of awards.
(a)
In the event that alteration occurs to a surface water, wetland, or buffer without first obtaining the appropriate review and approval required by this Article, corrective actions shall be required as outlined in Section 406.115 and may result in an order to restore to preexisting site conditions.
(b)
All monies collected pursuant to this Section shall be deposited in an environmentally sensitive lands fund, hereby created, for the acquisition, restoration and management of environmentally sensitive lands.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.52.- Purpose.
It is the purpose of this Article to implement policies contained in the comprehensive plan to protect and maintain the natural functions of floodplains, floodways, and all other natural areas having hydrological characteristics of the 100-year flood elevation; to establish minimum requirements to safeguard the public health, safety, and general welfare; and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to:
(a)
Minimize unnecessary disruption of commerce, access, and public service during times of flooding;
(b)
Require the use of appropriate construction practices in order to prevent or minimize future flood damage;
(c)
Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential;
(d)
Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain;
(e)
Minimize damage to public and private facilities and utilities;
(f)
Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;
(g)
Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and
(h)
Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Sections 59 and 60.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.52.1. - Applicability.
The provisions of this Article shall apply to all floodplain development as defined in Chapter 410, that is wholly within or partially within any flood hazard area, including, but not limited to, the subdivision of land and other activities regulated by the Florida Building Code; filling, grading, and other site improvements and utility installations; construction, alteration of a building, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development.
(Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.52.2. - Coordination with the Florida Building Code.
This Article incorporates the provisions of the 2012 Florida Building Code and is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code.
(Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.53. - Protection and maintenance of natural functions.
The natural functions of floodplains, floodways, and all other natural areas having hydrological characteristics of the 100-year flood elevation shall be protected and maintained. Natural functions include water purification, flood hazard mitigation, water supply, and wildlife habitat and connectivity. Protections applicable to conservation areas under this Chapter shall apply to 100-year floodplains and floodways. Specific protections may be required to prevent erosion and maintain the existing topography of slopes along natural banks and shores.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.53.5. - Designation and duties of the floodplain administrator.
The County Engineer is designated as the Floodplain Administrator and shall administer and implement this Article. The Floodplain Administrator shall have the authority to render interpretations of this Article consistent with the intent and purpose of this Article and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this Article without the granting of a variance pursuant to Section 406.57.2.
(a)
Duties of the Floodplain Administrator. The Floodplain Administrator shall provide for the following:
(1)
Notify adjacent communities and the Florida Department of Economic Opportunity prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency;
(2)
Assure that appropriate documentation is provided for maintenance within the altered or relocated portion of said water course so that the flood-carrying capacity is not diminished;
(3)
Review applications and plans to determine whether proposed new development will be located in flood hazard areas;
(4)
Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this Article;
(5)
Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation;
(6)
Provide available flood elevation and flood hazard information;
(7)
Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant;
(8)
Review applications to determine whether proposed development will be reasonably safe from flooding;
(9)
Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, when compliance with this Article is demonstrated, or disapprove the same in the event of noncompliance; and
(10)
Coordinate with and provide comments to the Building Official to assure that applications for building permits for buildings and structures in flood hazard areas comply with the requirements of this Article;
(11)
Ensure that all applicable state or federal permits be obtained and submitted before commencement of the permitted development, including, but not limited to, the following:
a.
The appropriate water management district; F.S. § 373.036.
b.
Florida Department of Health for on-site sewage treatment and disposal systems; F.S. § 381.0065 and Chapter 64E-6, F.A.C.
c.
Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.
d.
Federal permits and approvals.
(b)
Substantial improvement or substantial damage determinations. For applications for building permits to improve buildings and structures, including alteration of a building, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, and any other improvement of or work on such buildings and structures, the Building Official, in coordination with the Floodplain Administrator, shall:
(1)
Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;
(2)
Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;
(3)
Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and
(4)
The determination requires evaluation of previous permits issued for improvements for the past five (5) years and repairs as specified in the definition of "substantial improvement";
(5)
Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood-resistant provisions of the Florida Building Code and this Article is required;
(6)
Record the actual elevation in relation to datum references on the FIRM of the lowest floor, including basement, of all substantially improved structures in accordance with Subsection 406.56(b)(1)f; and
(7)
Record the actual elevation in relation to datum references on the FIRM to which any substantially improved structures will be floodproofed, in accordance with Subsection 406.56(b)(1)f.
(c)
Modifications of the strict application of the requirements of the Florida Building Code. The Building Official shall review requests submitted to the Floodplain Administrator that seek approval to modify the strict application of the flood load and flood-resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 406.57.2 of this Article.
(d)
Coordination of notices and orders. The Floodplain Administrator and the Building Official shall coordinate the issuance of all necessary notices or orders to ensure compliance with this Article and the flood-resistant construction requirements of the Florida Building Code.
(e)
Inspection. The Floodplain Administrator shall make the required inspections for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. For buildings and structures subject to the Florida Building Code, the Building Official shall make the required inspections of structures specified in Section 406.56.5 of this Article and the Florida Building Code, Building Section 110. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit.
(f)
Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including, but not limited to:
(1)
Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Subsection 406.53.5(b) of this Article;
(2)
Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA);
(3)
Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available;
(4)
Review required design certifications and documentation of elevations specified by this Article and the Florida Building Code and this Article to determine that such certifications and documentations are complete; and
(5)
Notify the Federal Emergency Management Agency when the corporate boundaries of Alachua County are modified.
(g)
Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator in coordination with the Building Official shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this Article and the flood-resistant construction requirements of the Florida Building Code, including flood insurance rate maps; letters of change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this Article; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood-carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this Article and the flood-resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at Alachua County Public Works Department at 5620 NW 120th Lane in Hague and at the Growth Management Department.
(Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2018-23, § 2(Exh. A), 10-9-18; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.54. - Warning and disclaimer of liability.
The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Floods greater than the base flood can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Article does not imply that land outside the special hazard areas or uses permitted within such areas will be free from flooding or flood damages. This Article shall not create liability on the part of the BOCC or by any officer or employee thereof for any flood damages that result from reliance on this Article or any decision lawfully made thereunder. The flood hazard areas and base flood elevations contained in the flood insurance study and shown on flood insurance rate maps (FIRM) and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, may be revised by the Federal Emergency Management Agency requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this Article.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.55. - Designation of flood hazard areas.
(a)
The flood hazard areas identified by the Federal Emergency Management Agency (FEMA) in its flood insurance rate maps (FIRM) and Flood Insurance Study for Alachua County, Florida and Incorporated Areas dated November 2, 2018 and all subsequent amendments and revisions and the accompanying maps and other supporting data, and any FEMA letter of map revisions thereto are hereby adopted by reference and declared to be a part of this Article. Studies and maps are on file at the Alachua County Public Works Department, 5620 NW 120th Lane, Gainesville, FL 32653. The Floodplain Administrator may also obtain, review, and reasonably utilize base flood elevation and floodway data from any source to determine flood hazard areas, including, specifically, the following:
(1)
The "Water and Floodplain Management Study for the Gainesville Metropolitan Area," conducted by Sverdrup, Parcel and Associates, Inc., for the North Central Florida Regional Planning Council, 1974, including any update to such study; and
(2)
Maps of the Suwannee River Water Management District or the St. Johns River Water Management District.
(b)
In all instances, the more precise map shall take precedence over less precise maps, as determined by the Public Works Department. In the case of floodplain elevation differences between maps of the same relative precision, the highest floodplain elevation shall be used.
(c)
The Floodplain Administrator shall have the right to require any applicant for a permit or variance to submit information to verify and/or establish the flood hazard areas. An applicant may also elect to submit information to verify and/or establish the flood hazard areas.
(d)
Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the County indicates that ground elevations:
(1)
Are below the closest applicable base flood elevation, even in areas not delineated as flood hazard areas on a FIRM, the area shall be considered as flood hazard areas and subject to the requirements of this Article and, as applicable, the requirements of the Florida Building Code.
(2)
Are above the closest applicable base flood elevation in areas delineated as flood hazard areas on a FIRM, the area shall be regulated as a flood hazard area unless the applicant obtains a letter of map change that removes the area from the flood hazard area.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2018-23, § 2(Exh. A), 10-9-18; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.56. - Floodplain development permit required.
Any development in a flood hazard area is hereby prohibited, unless a floodplain development permit and building permit is first obtained. All newly created lots shall include adequate buildable area above the 100-year floodplain and all new habitable structures on such lots must be outside the floodplain. Existing lots of record as of October 2, 1991 may only develop in conformance with the flood hazard reduction standards and the Florida Building Code as applicable. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this Article, including buildings, structures and facilities exempt from the Florida Building Code which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this Article and all other applicable codes and regulations has been satisfied.
(a)
Administrative approval. The DRC shall approve, approve with conditions, or deny all floodplain development permits, with the exception of the following uses which can be approved by the Floodplain Administrator:
(1)
Boat docks less than 600 square feet in footprint size meeting the minimum standards of Section 404.108 of this ULDC.
(2)
Single-family residence or mobile or manufactured home on a legal lot of record.
(b)
Floodplain development permitting process. The following procedures shall be utilized to process a floodplain development permit:
(1)
Application, general requirements. An application shall be made to Floodplain Administrator on a form prescribed and provided for this purpose. The application, at a minimum, shall provide the following information:
a.
The proposed elevation, in relation to vertical datum references on the FIRM map, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zones Al—A30, AE or AH, or Zone A if base flood elevation data are available or in any other areas determined to be flood hazard in accordance with Section 406.55;
b.
Elevation in relation to datum references on the FIRM map to which any nonresidential structure will be floodproofed;
c.
A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure meets the floodproofing criteria in Section 406.55;
d.
A description of the extent to which any surface water body will be altered or relocated as result of proposed development;
e.
A technical analysis, by a licensed professional engineer, if required by the Floodplain Administrator, which shows whether proposed development to be located in a flood hazard area may result in physical damage to any other property;
f.
A flood elevation or design certification needs to be submitted after the lowest floor is completed. Upon placement of the lowest floor and prior to further vertical construction and within 21 calendar days of construction of the lowest floor elevation by whatever construction means, it shall be the duty of the permit holder to submit to the Building Official and the Floodplain Administrator a certification as to the elevation of the lowest floor as required by the Florida Building Code, Building Section 110.3. Said certification shall be prepared by or under the direct supervision of a Florida licensed professional surveyor and certified by same. When floodproofing is utilized for a particular building, said certification shall be prepared as required by the Florida Building Code, Building Section 1612.5(1.3). Any work done subsequent to placement of the lowest floor and prior to submission of their certification shall be at the permit holder's risk. The Building Official and the Floodplain Administrator shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to any further work being allowed to proceed. Failure to submit the survey or failure to make said corrections required shall be cause to issue a stop work order for the project structure;
g.
For all development plans and plats, the areas designated as flood hazard areas shall be shown on the plat and/or development plan in accordance with the requirements of Section 407.87, Special flood zone criteria, of this ULDC. Where flood zone designations conflict with established base flood elevations, the applicant shall apply to obtain a FEMA letter of map revision. Where any portion of a proposed subdivision, including a manufactured home park, lies within a flood hazard area, the following shall be required:
1.
Delineation of flood hazard areas, floodway boundaries and flood zones, and base flood elevations and ground elevations as appropriate, shall be shown on development plans and/or plats; and
2.
Where the subdivision has more than 50 lots or is larger than five acres and base flood elevations are not available on the FIRM or FIS, the information required in Subsection 406.56(b)(9) of this Article; and
3.
Compliance with the site improvements and utilities requirements of Subsections 406.57(e), (f), and (g) of this Article.
h.
For all properties located within flood hazard areas, all supporting documents, including complete plans and an itemized cost estimate shall be provided when an application is submitted. The County will determine if the proposed improvements constitutes substantial improvement or the repair of substantial damage;
i.
As a condition of issuance of a floodplain development permit or a building permit for a structure in a flood hazard area, if such structure is an accessory structure used only for storage or parking of vehicles, or if such structure has the area below the lowest floor enclosed by walls, including crawlspace foundation walls, and if such enclosed area is used only for building access, storage or parking of vehicles, then a binding non-conversion agreement shall be required to stipulate that the structure or accessory structure or enclosed area shall not be modified or used for other than building access, storage or parking of vehicles without first bringing the structure into compliance with all applicable flood hazard reduction standards of this Article. Such agreement shall be recorded in the public records of Alachua County by the owner of the structure;
j.
Subdivision proposals, including proposal for manufactured home parks, shall include evidence that:
1.
Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;
2.
All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and
3.
Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.
(2)
Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this Article for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.
(3)
Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code, Building Section 102.2 and any further exemptions provided by law, are subject to the requirements of this Article:
a.
Railroads and ancillary facilities associated with the railroad.
b.
Nonresidential farm buildings on farms, as provided in F.S. § 604.50.
c.
Temporary buildings or sheds used exclusively for construction purposes.
d.
Mobile or modular structures used as temporary offices.
e.
Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the generation, transmission, or distribution of electricity.
f.
Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features.
g.
Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on-site or preassembled and delivered on-site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.
h.
Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.
i.
Structures identified in F.S. § 553.73(10)(k) are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on flood insurance rate maps.
(4)
Applications for single-family dwelling permits or approvals and applications for other development. To obtain a floodplain development permit or approval for a single-family dwelling that is not part of an approved subdivision with a stormwater system, or for other development within the scope of this Chapter, the applicant shall first file an application in writing on a form furnished by the community. The information provided shall:
a.
Identify and describe the development to be covered by the permit or approval.
b.
Describe the land on which the proposed development is to be conducted by legal description, street address, or similar description that will readily identify and definitively locate the site.
c.
Indicate the use and occupancy for which the proposed development is intended.
d.
Be accompanied by a site plan or construction documents as specified in Subsections 406.56(b)(8)—(11) of this Article.
e.
State the valuation of the proposed work.
f.
Be signed by the applicant or the applicant's authorized agent.
g.
Give such other data and information as required by the Floodplain Administrator or Building Official.
(5)
Validity of permit or approvals. The issuance of a floodplain development permit or approval pursuant to this Article shall not be construed to be a permit for, or approval of, any violation of this Article, the Florida Building Codes, or any other Article of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator or Building Official from requiring the correction of errors and omissions.
(6)
Expiration of permits or approvals. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 360 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated.
(7)
Suspension or revocation of permits or approvals. The Floodplain Administrator or Building Official is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this Article or any other ordinance, regulation or requirement of this community.
(8)
Site plans and construction documents.
a.
The site plan or construction documents for any development in flood hazard areas and subject to the requirements of this Article shall be drawn to scale and shall include, as applicable to the proposed development:
1.
Delineation of floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations, if necessary, for review of the proposed development.
2.
Where flood hazard areas, base flood elevations, or floodway data are not included on the FIRM or in the flood insurance study, they shall be established in accordance with Subsection 406.56(b)(9) of this Article.
3.
Where the parcel on which the proposed subdivision or other development will take place will have more than 50 lots or is larger than five acres and the base flood elevations are not included on the FIRM or in the flood insurance study, such elevations shall be established in accordance with Subsection 406.56(b)(9) of this Article.
4.
Location of the proposed activity and proposed structures, and locations of existing buildings and structures.
5.
Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
6.
Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.
7.
Existing and proposed alignment of any proposed alteration of a watercourse.
b.
The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this Article.
(9)
Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall:
a.
Require the applicant to include base flood elevation data prepared in accordance with accepted engineering practice.
b.
Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation data available from a federal or state agency or other source; or
c.
Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonable reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate;
1.
Require the applicant to include base flood elevation data prepared in accordance with the currently accepted engineering practices; or
2.
Specify that the base flood elevation is three feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two feet.
d.
Where the base flood elevation data are to be used to support a letter of map change from FEMA, the applicant shall apply to FEMA and the analyses shall be prepared by a Florida licensed professional engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fee.
(10)
Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this Section, the applicant shall have the following analyses prepared and sealed by a Florida licensed professional engineer for submission with the site plan and construction documents:
a.
For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the floodplain encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Subsection 406.56(b)(11) of this Article and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.
b.
For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the flood insurance study or on the FIRM and floodways have not been designated, a hydrologic and hydraulic analysis which demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
c.
For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in Subsection 406.56(b)(11) of this Article.
(11)
Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.
(12)
Review by Floodplain Administrator. The Floodplain Administrator shall review all applications for completeness; shall request additional information, if needed, as provided in this Article; and shall verify the accuracy of the information provided.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 09-01, § 2(Exh. A), 2-24-09; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2018-23, § 2(Exh. A), 10-9-18; Ord. No. 2020-25, § 2(Exh. A), 11-10-20; Ord. No. 2022-13, § 2, 6-14-22)
Sec. 406.56.5. - Inspections.
Development for which a floodplain development permit or approval is required shall be subject to inspection.
(a)
Development other than buildings and structures. The Building Official or Floodplain Administrator shall inspect all development to determine compliance with the requirements of this Article and the conditions of issued floodplain development permits or approvals.
(b)
Buildings and structures. The Building Official or Floodplain Administrator shall inspect buildings and structures subject to the Florida Building Code to determine compliance with the flood load and flood-resistant construction requirements of issued building permits and the Florida Building Code. The Building Official or Floodplain Administrator shall inspect buildings and structures exempt from the Florida Building Code to determine compliance with the requirements of this Article and the conditions of issued floodplain development permits or approvals.
(c)
Buildings and structures exempt from the Florida Building Code.
(1)
Lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building or structure exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the Building Official or Floodplain Administrator:
a.
If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or
b.
If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Subsection 406.56(b)(9) of this Article, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent.
(2)
Final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the Building Official or Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Subsection 406.56(b)(9) of this Article.
(d)
Manufactured homes. The Building Official shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this Article and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Building Official.
(e)
Stop work orders. The Floodplain Administrator or the Director shall issue a stop work order for any flood plain development found ongoing without a flood hazard area permit or in any way noncompliant with the provisions of this ULDC and/or the conditions of an approved permit. Disregard of a stop work order shall subject the violator to the penalties described in this ULDC.
(Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2018-23, § 2(Exh. A), 10-9-18; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.57. - Flood hazard reduction standards.
The DRC and the Floodplain Administrator may grant a floodplain development permit to allow development in a flood hazard area, providing that the following minimum standards, where applicable, are met:
(a)
No adverse effects. The proposed development shall not adversely affect the flood-carrying capacity and/or flood storage capacity of a flood hazard area. For the purpose of this Section, "adversely affect" means damage to adjacent properties because of rises in flood stages attributable to physical changes of the stream or depression basin. Without limiting the foregoing, a development other than a stream crossing is presumed to adversely affect the flood-carrying and/or flood storage capacity if it involves the filling of land in a flood hazard area without simultaneously providing additional flood-carrying and flood storage capacities to compensate for that capacity which is lost because of such filling. The final verification of grades for compensation area purposes in a flood hazard area shall be certified by a professional land surveyor.
(b)
Fill within depression basin. Fill within a depression basin may be allowed, provided the lowest elevation of excavation for the compensating storage volume is above the normal wet season groundwater table. No permanent fill or other obstructions are to be placed above the natural grade of the ground except as provided for below:
(1)
Minor amounts of fill may be allowed for mounded on-site sewage disposal systems pursuant to Chapter 10D-6, Florida Administrative Code, when the mound is less than three feet in height as measured from the natural grade of the ground and when the top width of the mound is 20 feet or less and when the side slopes of the mound are no steeper than three feet horizontal to one foot vertical and the mound is planted with sod or other appropriate vegetation to prevent erosion.
(2)
Minor amounts of fill may be allowed for a structure or to establish a yard provided that compensation is provided within or adjacent to the floodplain and the lowest elevation of excavation for the compensating storage volume is above the normal wet season groundwater table.
(3)
Compensatory excavation volumes shall be provided at the same elevation as the fill volumes to the maximum extent possible. The bottom elevation of any compensation basin shall be designed and constructed at or above the seasonal high groundwater level for the site.
(4)
If a private road or driveway is proposed to be placed within a depression basin, the final grade shall be at or above the 100-year base flood elevation or raised to an elevation of three feet above existing grade if a base flood elevation has not been determined provided that all other flood criteria contained in this Article are met. Equalizer pipes shall be provided to ensure unimpeded stormwater flow within the basin.
(c)
Fill within stream basin. Fill within a depression adjacent to a stream basin may be allowed where compensation for the flood-carrying capacity which is lost because of filling is provided or, in the case of a stream crossing, it will not cause more than a one-foot increase in headwater elevation above the base flood elevation immediately upstream from the fill and no more than a one one-hundredth-foot increase 500 feet upstream. In no case shall filling be permitted in a designated floodway, except as provided in Section 406.57.2. All utility equipment and ductwork shall be installed at or above the permitted finished floor elevation which must be a minimum of one foot above the base flood elevation for the site. Where the base flood elevation has not been established, all utility equipment and ductwork must be three feet above the highest natural ground.
(d)
Minimum elevation. All residential structures on existing lots of record must have the lowest floor elevated a minimum of one foot above the base flood elevation for that site. This can be achieved by using an open foundation, such as pilings or stem wall designed with openings as described in Subsection 406.57(k). Where the base flood elevation has not been established, the lowest floor elevation of the structure must be three feet above the highest natural ground level.
(e)
Sanitary sewage systems and other utility systems. Septic tanks and drain fields must be located outside the limits of the ten-year floodplain. Sewage treatment and collection systems shall be designed to prevent contamination of floodwaters by infiltration and/or exfiltration up to one foot above the base flood elevation. Potable water supply systems shall be designed to prevent infiltration of floodwaters into the system up to one foot above the base flood elevation. Electrical and communications utilities shall be designed to prevent flood damage up to one foot above the base flood elevation. All mechanical and utility systems shall be designed and/or elevated to prevent water from entering or accumulating within component parts or subsystems. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for on-site sewage treatment and disposal systems in Article 64E-6, F.A.C. and ASCE 24 Article 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into floodwaters, and impairment of the facilities and systems.
(f)
Site improvements, utilities and limitations. All proposed new development shall be reviewed to determine that:
(1)
Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;
(2)
All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and
(3)
Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.
(g)
Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Article 62-532.500, F.A.C. and ASCE 24 Article 7 to minimize or eliminate infiltration of floodwaters into the systems.
(h)
Limitations on sites in regulatory floodways. Development, site improvements, and land disturbing activity involving fill or regrading shall not be authorized in the regulatory floodway unless the floodway encroachment analysis required in Subsection 406.57(o) of this Article demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.
(i)
Limitations on placement of fill. Subject to the limitations of this Article, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures, fill shall comply with the requirements of the Florida Building Code.
(j)
Road elevations. The pavement of all public roads will be elevated to or above the ten-year floodplain, but will be allowed within the flood hazard area, provided other flood criteria contained in this Article are met. Roads that provide the only means of ingress and egress to a subdivision or single-family dwellings must be elevated to one foot above the 100-year floodplain.
(k)
Anchoring and flood openings. All structures shall be constructed so as to be protected from hydrostatic and hydrodynamic loads, including the effects of buoyancy in accordance with ASCE 24. Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall be as specified in Section 2.7.2.2 of ASCE 24 and certified by a registered professional engineer or meet or exceed the following minimum requirements:
(1)
A minimum of two openings on different sides of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(2)
The bottom of each openings shall be no higher than one foot above grade.
(3)
Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(l)
Use of flood-resistant material. All structures shall be constructed with materials and utility equipment resistant to flood damage.
(m)
Design and construction of buildings and structures exempt from the Florida Building Code. Pursuant to Subsection 406.56(b)(3) of this Article, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood-resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Subsection 406.57(t) of this Article.
(n)
Manufactured and mobile homes. In addition to meeting the other requirements provided herein, the following requirements shall apply to the placement, replacement, or substantial improvement of any manufactured or mobile home:
(1)
Installation. All manufactured and mobile homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. § 320.8249 and shall comply with the requirements of Article 15C-1, F.A.C. and the requirements of this Article. Compliance with the requirements shall be verified by the Building Official.
a.
Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent foundations with adequate anchoring.
b.
Elevation. All manufactured homes that are placed, replaced, or substantially improved in flood hazard areas shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V and Coastal A Zone), as applicable.
c.
Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area.
d.
Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area.
(2)
Foundations or lots. The following standards shall apply to sites or locations, including spaces or sites within a mobile home park or subdivision, proposed for the placement, replacement, or substantial improvement of mobile homes:
a.
Foundations or lots shall be elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be a minimum of one foot above the base flood level elevation;
b.
Adequate surface drainage and access for haulers shall be provided; and
c.
In the instance of elevation of pilings: (i) lots shall be large enough to permit steps; (ii) piling foundations shall be placed in stable soil no more than ten feet apart; and (iii) reinforcement shall be provided for pilings more than six feet above the ground.
(o)
Development in floodway.
(1)
Within the floodway, development shall be prohibited. If this precludes all economically viable use of a legal lot of record, minimal development may be allowed in accordance with each of the following provisions:
a.
Certification, with supporting technical data, by a registered professional engineer, shall be required for all encroachments, including fill, new construction, substantial improvements, and other developments. The certification shall include demonstration that encroachment will not result in any increase in flood levels during the occurrence of the base flood discharge.
b.
All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Section.
c.
The development impact area shall not exceed the rate of one-half acre per ten acres of floodway, including the footprint of principal and accessory structures and parking, allowing for reasonable access.
d.
The placement of any manufactured home or mobile home is prohibited. Development intended for recreational vehicles or travel trailers shall be prohibited.
(2)
The following development activities shall meet the requirements of this Subsection:
a.
Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences;
b.
Retaining walls, sidewalks, and driveways that involve the placement of fill in regulated floodways;
c.
Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings, and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroached into regulated floodways; and
d.
Alteration of a watercourse that is part of a road or watercourse crossing.
(p)
Development adjacent to outstanding Florida waters. In addition to the minimum standards established in this Section, all development in flood hazard areas adjacent to outstanding Florida waters (OFWs), including those uses and structures set out in Section 406.57, shall adhere to the following standards:
(1)
All development activities, except as expressly provided in this Article or as approved by the County, must take place landward from the OFWs buffer distance for outstanding Florida waters found in Table 406.43.1 of this Chapter. Vegetation waterward of such buffer distance shall be preserved in a manner consistent with the requirements of this Article.
(2)
The appropriate water management district shall be notified of all development proposals within the flood hazard area along any outstanding Florida waters.
(q)
Imposition of additional conditions. The DRC may impose such additional conditions which it deems are in the public interest.
(r)
Recreation vehicles and park trailers.
(1)
Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall:
a.
Be on the site for fewer than 180 consecutive days; or
b.
Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches.
(2)
Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Subsection 406.57(r)(1) of this Article for temporary placement shall meet the requirements of Subsection 406.57(i) of this Article for manufactured homes.
(s)
Tanks.
(1)
Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty.
(2)
Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area.
(3)
Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Subsection 406.57(s)(2) above shall be permitted provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris.
(4)
Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
a.
At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and
b.
Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.
(t)
General requirements for other development. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this Article or the Florida Building Code, shall:
(1)
Be located and constructed to minimize flood damage;
(2)
Meet the limitations of Subsection 406.57(o) of this Article if located in a regulated floodway;
(3)
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;
(4)
Be constructed of flood damage-resistant materials; and
(5)
Have mechanical, plumbing, and electrical systems above the design flood elevation, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations.
(u)
Accessory structures. Accessory structures are permitted below the base flood elevation provided the accessory structures are used only for parking or storage and:
(1)
If located in special flood hazard areas (Zone A/AE) other than coastal high hazard areas, are one-story and not larger than 600 square feet.
(2)
If located in special flood hazard areas (Zone A/AE) other than coastal high hazard areas, have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential.
(3)
If located in coastal high hazard areas (Zone V/VE), are not located below elevated buildings and are not larger than 100 square feet.
(4)
Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.
(5)
Have flood damage-resistant materials used below the base flood elevation plus one foot.
(6)
Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one foot.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 09-05, § 2(Exh. A), 9-9-09; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 15-06, § 2(Exh. A), 4-14-15; Ord. No. 2018-23, § 2(Exh. A), 10-9-18; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.57.1. - Uses allowed without permit.
The following uses shall be allowed without a permit, to the extent they are not prohibited by any other ordinance, or any other provisions of this Article, unless any filling or structure associated with such use requires a flood hazard area permit in accordance with this Article:
(a)
Agricultural and silvicultural uses conducted in accordance with all applicable best management practices, in accordance with the provisions of Subsection 406.05(c);
(b)
Private and public recreational uses such as golf courses, driving ranges, archery ranges, picnic grounds, boat ramps, natural swimming areas (excluding swimming pools), parks, wildlife and nature preserves, game farms, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and hiking and horseback riding trails; or
(c)
Lawns, gardens, grassed parking, and play areas.
(d)
Notwithstanding that any of the foregoing uses are permitted within an area of special flood hazard, no use shall adversely affect the efficiency or unduly restrict the capacity of depression basins or stream basins, or of any stormwater management facility or system; and, to the extent any use would so adversely affect or unduly restrict, such use is prohibited unless a permit is obtained as required by Section 406.56.
(Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.57.2. - Variances to flood hazard protection standards.
(a)
Authority to grant variances. The DRC, may grant a request for a variance to the requirements of this Article where literal application of the provisions thereof would impose exceptional hardship because of unique topographic or other conditions of land involved, which are not the result of the actions of the landowner; and the DRC, pursuant to F.S. § 553.73(5), may grant a request for a variance from the strict application of the flood-resistant construction requirements of the Florida Building Code; provided that:
(1)
Conditions are attached to permit approval that assure compliance with the requirements of this Article insofar as practical and the modification granted is the minimum modification necessary to make possible a reasonable use of the land.
(2)
The purpose and intent of this Chapter are observed.
(3)
There is no increase in flood hazard or flood damage potential as certified by a registered Florida professional engineer; a variance shall not be issued for any proposed development in a floodway if any increase in the base flood elevations would result per Subsection 406.56(b)(10).
(4)
The request shall be fully documented in writing and shall contain technical reasons and justifications explaining why the requirements cannot be met.
(5)
Neither the size of the parcel in question, nor the size or nature of development of adjacent lots (vis-a-vis these regulations) shall necessarily justify a request.
(6)
Requests for alternative compliance shall be considered on a case-by-case basis and not on the basis of an entire subdivision.
(7)
Staff review, including the review of alternatives to the proposed siting and/or methods of development, shall be considered.
(b)
Considerations for issuance of variances. In reviewing requests for variances, the Floodplain Administrator and the Building Official shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this Article, and the following:
(1)
The danger that materials and debris may be swept onto other lands resulting in further injury or damage;
(2)
The danger to life and property due to flooding or erosion damage;
(3)
The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners;
(4)
The importance of the services provided by the proposed development to the community;
(5)
The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion;
(6)
The compatibility of the proposed development with existing and anticipated development;
(7)
The relationship of the proposed development to the Comprehensive Plan and floodplain management program for the area;
(8)
The safety of access to the property in times of flooding for ordinary and emergency vehicles;
(9)
The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(10)
The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.
(11)
Variance is authorized to be issued for historic structures in a flood hazard area for repair, improvement, or rehabilitation provided that it has been determined eligible for the exception to the flood-resistant construction requirements of the Florida Building Code, Existing Building, and upon a determination that the proposed repair, improvement or rehabilitation will not preclude the building's continued designation as a historic building.
(12)
Variance is authorized to be issued for the construction or substantial improvement for the conduct of a functionally dependent use provided due consideration has been given to the use of methods and materials that minimize flood damage during occurrence of the base flood.
(c)
Conditions for issuance of variances. Variances shall be issued only upon:
(1)
Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this Article or the required elevation standards;
(2)
Determination by the Floodplain Administrator and the Building Official that:
a.
Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship;
b.
The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances;
c.
The variance is the minimum necessary, considering the flood hazard, to afford relief.
(d)
Agricultural structures. A variance is authorized to be issued for the construction or substantial improvement of agricultural structures provided the requirements of this Section are satisfied and:
(1)
A determination has been made that the proposed agricultural structure:
a.
Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.
b.
Has low damage potential (amount of physical damage, contents damage, and loss of function).
c.
Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effects of flooding on manure storage, livestock confinement operations, liquified natural gas terminals, and production and storage of highly volatile, toxic, or water-reactive materials.
d.
Is not located in a coastal high hazard area (Zone V/VE), except for aquaculture structures dependent on close proximity to water.
e.
Complies with the wet floodproofing construction requirements of Paragraph (2), below.
(2)
Wet floodproofing construction requirements.
a.
Anchored to resist flotation, collapse, and lateral movement.
b.
When enclosed by walls, walls have flood openings that comply with the flood opening requirements of ASCE 24, Chapter 2.
c.
Flood damage-resistant materials are used below the base flood elevation plus one (1) foot.
d.
Mechanical, electrical, and utility equipment, including plumbing fixtures, are elevated above the base flood elevation plus one (1) foot.
(3)
Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and
(4)
If the request is for a variance to allow construction of the lowest floor of a building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.
(Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.57.3. - Violations.
Any construction or development in a flood hazard area that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this Article or the Florida Building Code, as applicable, shall be deemed a violation of this Article. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this Article or the Florida Building Code is presumed to be a violation until such time as that documentation is provided.
(a)
Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this Article and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work.
(b)
Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law.
(Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.58.- Purpose.
The purpose of this Section is to preserve, conserve, and protect springs, groundwater, and associated karst features in high aquifer recharge areas and Outstanding Florida Springs Priority Focus Areas (COSE Map 6), from potential adverse impacts associated with land uses and activities so that regulations may be applied within these zones to minimize adverse impacts to water quality and quantity. Further, these provisions are intended to:
(a)
Protect the Floridan aquifer and the ability of the aquifer to continue to supply adequate water to springs and associated aquatic ecosystems and to meet the needs of the public for clean, safe, potable water;
(b)
Maintain and improve the quality and quantity of water recharging the Floridan aquifer and discharging from springs;
(c)
Conserve water resources and promote environmentally responsible reuse of water; and
(d)
Protect and preserve springs, springsheds, karst areas and associated features, including, but not limited to caves, quarries, sinkholes, karst windows, and swallets.
(Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.59. - General standards.
The following generally applicable requirements of the Alachua County Code of Ordinances contribute to protection of springs and high aquifer recharge areas:
(a)
Chapter 77, Water Quality Standards and Management Practices.
(b)
Chapter 353, Hazardous Materials Management Code.
(c)
Chapter 404, Article XXIV, Mining or Excavation and Fill Operations.
(d)
Chapter 404, Article XIV, Entertainment and Recreation.
(e)
Chapter 406, Article II, Trees and Native Vegetation.
(f)
Chapter 406, Article VI, Surface Waters and Wetlands.
(g)
Chapter 406, Article XII, Wastewater Treatment Facilities.
(h)
Chapter 406, Article XVI, Significant Geologic Features.
(i)
Chapter 407, Article IV, Landscaping.
(j)
Chapter 407, Article V, Open Space.
(k)
Chapter 407, Article IX, Stormwater Management.
(Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20; Ord. No. 2021-12, § 2(Exh. A), 9-28-21)
Sec. 406.59.1. - Additional protection standards.
The following additional standards apply to development activities within high aquifer recharge areas and Outstanding Florida Springs Priority Focus Areas.
(a)
Outdoor water conservation for new development.
(1)
The following additional standards shall be incorporated into homeowner association codes, covenants and restrictions (CCR) documents and shall apply to development activities for new subdivisions within high aquifer recharge areas. Outdoor water conservation for new development shall be maximized. Permanent irrigation systems shall not be required and the use of temporary irrigation systems for establishment shall be encouraged. When provided, the use of permanent irrigation shall be minimized, and systems must comply with Chapter 77, Article VI, Landscape Irrigation Design and Maintenance Standards. All other provisions of the water quality standards and management practices as set forth in Chapter 77 of this Code shall also be followed, including limits on the use of fertilizer, operation and maintenance of the automatic irrigation system, and Florida-friendly landscaping provisions.
(b)
The use of rapid infiltration basins or percolation ponds for wastewater effluent disposal is prohibited. Use of wetland treatment systems, such as infiltrating wetlands, that are designed to lower nutrient concentrations by denitrification and promote aquifer recharge are allowed.
(c)
New sites for land application of Class A and B residuals (biosolids) are prohibited.
(d)
New sites for land application of septage are not allowed in high aquifer recharge areas.
(e)
In addition to the golf course design and monitoring requirements of Chapter 404, golf courses shall be designed and operated to be protective of springs (for example, capture and recycle nutrient laden water or implement other nutrient reduction techniques) to minimize the potential for nutrients to degrade surface waters, springs, or the Floridan aquifer.
(Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20; Ord. No. 2023-10, § 6, 5-23-23)
Sec. 406.59.2. - Alternative compliance.
Where avoidance of impacts is not feasible, strategies and designs that minimize the impact of development shall be implemented. Mitigation of development impacts may include design techniques, location requirements, additional buffering requirements or other site design standards.
(Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.60.- Purpose.
It is the purpose of this Section to promote the public health, safety, and general welfare and to implement policies contained in the Comprehensive Plan to protect and maintain the quality and quantity of groundwater in surficial, intermediate, and Floridan aquifers. The County hereby establishes a comprehensive wellfield protection program to protect current and future public water supply needs from potential adverse effects from incompatible land uses and activities.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.61. - Delineation of protection zones for public systems.
(a)
Fixed zones of protection. Except as otherwise expressly provided for a specific wellfield, the following zones of protection are established for each public water system. A map of public water supply wells shall be maintained and updated by the Environmental Protection Department.
(1)
Tertiary wellfield protection zone. The tertiary wellfield protection zone includes the following: the land area surrounding the secondary wellfield protection zone; the land area within a 1,000-foot radius surrounding a public water supply well; and the land area within a springshed.
(2)
Secondary wellfield protection zone. The secondary wellfield protection zone is the land area surrounding the primary wellfield protection zone, and the land area within a 500-foot radius surrounding a public water supply well.
(3)
Primary wellfield protection zone. The primary wellfield protection zone is the land area immediately surrounding a public water supply well, and the land area within the 200-foot radius surrounding a public water supply well.
(b)
Modification of zones of protection. Zones of protection may be revised for a specific public water system based on best available scientific data, including results of scientific modeling, which demonstrates that a larger or smaller zone of protection is necessary to protect water quality. Absent such demonstration, protections shall be applied based on the zones of protection defined above.
(c)
Murphree Wellfield. Zones of protection and applicable requirements are defined specifically for the Murphree Wellfield in Chapter 355.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20; Ord. No. 2021-12, § 2(Exh. A), 9-28-21)
Sec. 406.62. - Protection standards for public systems.
Requirements that apply to each wellfield protection zone are presented below, in order of increasing restrictiveness by zone. Requirements for the tertiary protection zone are generally applicable to all wellfield protection zones. Requirements for the primary protection zone are most restrictive and incorporate restrictions of both tertiary and secondary protection zones.
(a)
Tertiary wellfield protection zone.
(1)
The following new uses or expansions of existing uses shall be prohibited:
a.
Solid waste disposal facilities, including landfills;
b.
Domestic and industrial wastewater treatment facilities, including wastewater treatment plants and percolation ponds, wastewater reuse and discharge facilities, except for expansions as part of facility upgrade;
c.
Any land applications of septage;
d.
Unlined storage and treatment of dairy waste, high intensity areas, and land applications of dairy waste;
e.
Feedlots or other animal feeding operations;
f.
Mines;
g.
Excavation of waterways or stormwater management facilities which intersect the water table;
h.
Stormwater retention and detention basins except pursuant to performance controls where configuration or topography of a lot of record precludes location of a required retention or detention basin outside the wellhead protection area;
i.
All uses prohibited in high aquifer recharge areas by Chapter 406, Article VIII.
(2)
The following standards shall apply:
a.
All new and existing wells and nonresidential septic tanks shall be registered, as set forth in Article XI of this Chapter.
b.
No new wells shall be constructed in the surficial, intermediate, or Floridan aquifer system, except as set forth in Subsection 406.63(b).
c.
Existing wells posing a threat to groundwater quality, as determined by the County, shall be properly abandoned or repaired as set forth in Subsection 406.63(a)(1). Wells allowed to remain shall meet the requirements which are set forth in Subsection 406.63(a)(5).
d.
A hazardous materials storage license shall be required for regulated storage facilities with nonresidential septic tanks or wells, as set forth in the Hazardous Materials Management Code.
(b)
Secondary wellfield protection zone.
(1)
The following provisions shall apply:
a.
Expansion or construction of a new Class C or D storage facility, as defined in Section 353.31 of the Alachua County Code, shall be prohibited.
b.
A hazardous materials storage license shall be required for all regulated storage facilities, as set forth in Section 353.38 of the Alachua County Code.
c.
All nonresidential septic tank systems shall be registered, as set forth in Article XI of this Chapter.
d.
All provisions of Subsection 406.62(a), "Tertiary wellfield protection zone."
(c)
Primary wellfield protection zone.
(1)
The following provisions shall apply:
a.
No new non-residential septic tank systems shall be allowed.
b.
No uses of land which require or involve storage, use, or manufacture of hazardous materials are allowed.
c.
No uses of land which involve storage or treatment of solid waste in tanks.
d.
All provisions of Subsection 406.62(b), "Secondary wellfield protection zone."
(d)
Exemptions.
(1)
The transportation of any hazardous material through a wellhead protection area provided that the transporting motor vehicle is in continuous transit.
(2)
The use of hazardous materials substances for maintenance and cleaning of existing residential, commercial, or office buildings provided best management practices are followed.
(3)
Retail sales establishments that store and handle, for resale, hazardous materials in the original and unopened containers.
(4)
Storage tanks which meet the auxiliary power provisions of Rule 62-555.320(6), Florida Administrative Code.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.63. - Wells within protection zones.
The following provisions are applicable within all wellfield protection zones.
(a)
Existing wells.
(1)
All existing wells that are not in use or that pose a threat to groundwater quality shall be properly abandoned or repaired, as approved by the County, within ninety (90) days of their identification. Wells that pose a threat to groundwater include, but are not limited to, wells with deteriorated casings, wells that interconnect aquifers allowing downward movement of poor quality water or contaminants, and other conditions, as determined by the County, that would allow water quality degradation.
(2)
The owner or operator of any well to be abandoned shall comply with the following requirements:
a.
Obtain any water management district or state permits required for proper well abandonment.
b.
Provide the County with sixty (60) days written notice of the proposed abandonment.
c.
Properly abandon the well, using approved techniques to fill and seal the well, in accordance with Rule 62-532.500(4), F.A.C., or other applicable water management district requirements.
d.
Provide the County with a copy of the permit (if required) and a copy of the well completion report that has been submitted to the appropriate water management district.
(3)
The County may allow existing wells to remain for the following uses:
a.
Potable supply for domestic use;
b.
Groundwater monitoring;
c.
Water withdrawal or injection as part of a federal, state, or local approved groundwater assessment, remediation, or monitoring program;
d.
Irrigation;
e.
Part of a system for air conditioning or for the exchange of non-contact cooling water;
f.
Uses authorized by a valid water management district or state permit.
(4)
The County may require the property owner or agent for the owner to conduct testing of mechanical integrity and water quality monitoring. The owner or agent shall complete the required work within fourteen (14) days of notice by the County, and submit to the County a report of results within forty-five (45) days of notice. If the property owner does not conduct the required testing and monitoring, the County shall be allowed access to the well for testing and monitoring purposes.
(5)
If the County allows existing wells to remain, the owner shall comply with all of the following conditions:
a.
Register the well, as set forth in Article XI of this Chapter;
b.
Within ninety (90) days of termination of use, properly abandon the well, as set forth in Subsection 406.63(a)(2) above;
c.
Secure with a protective casing and lock all wells used exclusively for monitoring purposes; and
d.
Install backflow prevention on all non-domestic production wells and where otherwise required to prevent contamination.
(b)
New wells.
(1)
The County may allow the construction of new wells for the uses specified in Subsection 406.63(a)(3), "Existing wells."
(2)
New wells shall be constructed according to the requirements and standards set forth by the state and by the County, including, but not limited to, the following: Florida Administrative Code Chapters 40B-3, 40C-3 (including the Fairbanks Special Construction Criteria Areas A and B), 62-520, and 62-524.
(3)
New wells shall conform to all conditions for existing wells set forth in this Section.
(4)
Owners of new wells which are two (2) inches or greater in diameter but do not require a water management district or state permit must show proof of economic hardship.
(c)
Geotechnical borings. Geotechnical borings greater than twenty (20) feet in depth are exempt from the provisions of this Chapter, except that they must be properly abandoned.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.64. - Nonresidential septic tank systems within protection zones.
Registration of nonresidential septic tank systems within all wellhead protection zones shall be required pursuant to requirements for registration of wells in Article XI of this Chapter. Proper abandonment of nonresidential septic tank systems shall be conducted according to the procedures set forth in Section 64E-6.011, Florida Administrative Code.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.65. - Setback table for other public, limited use and private systems.
In addition, new uses or activities shall be set back from existing non-community public, limited use, and private potable water wells, in accordance with the minimum requirements of F.A.C. 62-532 (effective March 28, 2002), DEP Water Well Permitting and Construction Requirements, summarized generally in Table 406.65.1 below.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.65.5.- Territorial jurisdiction; administration in incorporated areas.
The terms and provisions of this Article apply to all real property, located within the boundaries of the St. Johns River Water Management District. Where incorporated areas regulate construction, modification, and abandonment of wells, Alachua County will coordinate registration activities.
(Ord. No. 07-07, § 2(Exh. A), 4-27-07; Ord. No. 2020-25, § 2(Exh. A), 11-10-20; Ord. No. 2021-12, § 2(Exh. A), 9-28-21)
Sec. 406.66. - Registration required.
Registration of wells and nonresidential septic tank systems is required for the following areas in Alachua County. Note that registration in accordance with these requirements does not satisfy water management district or health department registration and permit requirements.
(a)
Wellfield protection zones. Registration is required prior to the construction, installation, replacement, operation, and abandonment of a well or nonresidential septic tank system within the wellfield protection zones identified in Article XI of this Chapter.
(b)
Wells in St. Johns River Water Management District. Registration is required prior to the construction, modification, or proper abandonment of any well less than six (6) inches in diameter located within the SJRWMD boundaries in Alachua County.
(1)
Exemptions. The following are exempt from registration requirements of this Section:
a.
The wells (existing installations) described in F.S. § 373.316;
b.
A well-constructed solely for the purpose of a test hole;
c.
Wells for the purpose of temporary dewatering; and
d.
Temporary monitoring wells installed in the surficial aquifer system as part of approved contamination assessment activities, per review and approval by St. Johns River Water Management District, United States Environmental Protection Agency, Florida Department of Environmental Protection, Alachua County Environmental Protection Department, and other appropriate agencies.
(2)
Sunset provision. The registration requirement for wells in the St. Johns River Water Management District shall be deemed repealed at such time as rules of the SJRWMD that will require permitting of all wells of less than six (6) inches in diameter within its jurisdiction become effective, or as delegated by the SJRWMD to the Alachua County Health Department. This shall not affect the requirement for registration in wellfield protection zones.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.67. - Registration procedures.
(a)
Application. The application for registration shall be completed and signed by the owner or agent, and submitted to the Alachua County Environmental Protection Department. The application shall contain:
(1)
The name, address, telephone number, and signature of the property owner or agent;
(2)
The name, address, telephone number, and signature of the licensed contractor constructing the well or nonresidential septic tank;
(3)
The method of construction for the new construction, modification, or proper abandonment and the proposed starting date;
(4)
The intended well use;
(5)
The proposed well casing type, diameter, and depth;
(6)
The proposed length and type of screen (if any) to be used;
(7)
The proposed pump capacity in gallons per minute;
(8)
The location of the well (to the nearest quarter Section), including subdivision name, and a site map to scale depicting landmarks;
(9)
The contractor's and/or owner's agreement to comply with this Chapter; and
(10)
The property owner's Alachua County tax parcel number.
(b)
Well completion report. A copy of the St. Johns River Water Management District well completion report will be sent to the County within thirty (30) days of completion of construction, modification, or abandonment.
(c)
Duration. Registration shall be valid for the time period the well or nonresidential septic tank system exists. Upon sale or legal transfer of a registered well or nonresidential septic tank system in a wellhead protection zone, the new owner or operator shall apply by letter to the County to change the registration.
(d)
Abandonment. The owner or operator shall notify the department in writing within forty-five (45) days when a well or nonresidential septic tank system is no longer in use. Proper abandonment of nonresidential septic tank systems shall be conducted according to the procedures set forth in Section 64E-6.011, FAC. Wells shall be properly abandoned as set forth in Subsection 406.63(a), Existing Wells.
(e)
Other permits. Registration does not take the place of required local, state, or federal permits necessary to construct, operate, or properly abandon a well.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.68. - Well construction standards.
All wells shall be constructed, modified, or properly abandoned by a licensed water well contractor following the rules of the water management district. In addition, the following rules apply in the areas below.
(a)
State areas of contamination concern. Contractors installing wells in areas delineated by the Florida Department of Environmental Protection for contamination concerns shall comply with requirements for well construction and water quality testing per Chapter 62-524 "New Potable Water Well Permitting in Delineated Areas." State delineated areas in Alachua County are identified and mapped per Section 62-524.430 "Maps Containing Delineated Areas." This includes areas within the St. Johns River Water Management District in Gainesville East, Micanopy, and Orange Heights United States Geological Survey topographic quadrangle maps and areas within the Suwannee River Water Management District in the Archer, High Springs, High Springs SW, Monteocha, Newberry, and Waters Lake United States Geological Survey topographic quadrangle maps. State delineated maps for areas in Alachua County are available at the Alachua County Environmental Protection Department and attached to this ULDC.
(b)
Fairbanks special construction criteria area. Contractors installing wells in the Fairbanks area of Alachua County are required to follow well construction and water quality requirements per St. John's River Water Management District Fairbanks Special Construction Criteria in Chapter 40C-3, Florida Administrative Code. Specific standards and construction methods required in the Fairbanks area are provided in Section 40C-3.502 and 40C-3.512. A copy of the Fairbanks Special Construction Criteria Area map is available at the Environmental Protection Department and as an attachment to this.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.68.5.- Reserved.
Editor's note— Ord. No. 12-09, § 2(Exh. A), adopted Oct. 9, 2012, which pertained to the territorial jurisdiction of this Article and derived from Ord. No. 07-07, § 2(Exh. A), adopted April 27, 2007.
Sec. 406.69. - Facility design.
Waste treatment facilities shall be planned and constructed at a scale that is compatible with the natural hydroperiod and the assimilative and hydraulic loading capacities of receiving surface waters, groundwater, and associated wetlands in accordance with applicable state and federal requirements.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.70. - Wastewater disposal standards.
Disposal of effluents of wastewater treatment processes shall be accomplished by environmentally sound procedures consistent with Florida Department of Environmental Protection regulations. The goal is to choose the disposal method most protective of natural resources. In addition, the following standards shall apply:
(a)
High aquifer recharge areas. All new wastewater treatment plants in high aquifer recharge areas of Alachua County shall provide advanced waste treatment, including nutrient removal, prior to discharge. All existing wastewater treatment plants in high aquifer recharge areas shall be encouraged to upgrade to provide for advanced waste treatment.
(b)
Discharges to surface waters and wetlands. Wastewater discharges to surface waters and wetlands shall be allowed only if all applicable federal, state, and local permits have been issued and the following criteria are satisfied:
(1)
The quantity, timing, and quality of the discharge maintains or improves water quality, biological health, and the function of the natural ecosystem.
(2)
Downstream waters are not affected by nutrient loading.
(3)
The project owner or developer prepares and implements maintenance and monitoring plans acceptable to the County.
(4)
The project owner or developer corrects any failures in design or operation of the system that causes degradation of water quality, biological health, or the function of the natural ecosystem.
(5)
The owner or developer posts a performance bond or similar financial guarantee to assure implementation of the maintenance and monitoring plan.
(6)
New or expanded direct discharges treated effluent to surface waters are prohibited; wetland treatment systems for the disposal of treated effluent are allowed.
(c)
Deep well injection. Expansion or renewal of existing deep well injection operations shall require a special use permit according to the process outlined in Chapter 402, Article XVIII, through which monitoring conditions will be established. New deep well injection shall be prohibited, except for the injection of high-quality treated water (meeting state drinking water standards) for the purposes of aquifer recharge, storage, and recovery.
(d)
Spray irrigation. All proposed sites for spray irrigation shall require development plan approval from the DRC, based on factors including but not limited to: sufficient land area for direct application, buffers from adjacent land areas, and emergency sites for adverse weather conditions. In addition, the following standards shall be met:
(1)
Surface water runoff resulting from spray irrigation that impacts groundwater or surface water shall not violate state water quality standards.
(2)
Spray irrigation sites shall be monitored monthly by the operator to identify such problems as, but not limited to, ponding of effluent, bad odors, vegetation problems, and damage to spray heads.
(3)
Perennial grasses shall be incorporated as a primary crop except where reclaimed water is used for agricultural purposes as defined by the Florida Department of Environmental Protection to implement water conservation strategies. Use of supplemental crops to enhance nutrient removal is encouraged.
(e)
Rapid infiltration basins and absorption fields. The use of rapid infiltration basins and absorption fields is discouraged unless the treatment process includes enhanced nutrient removal prior to discharge.
(f)
Land application of biosolids. All proposed sites for land application of biosolids shall require a special exception according to the process in Article XVII, Special Exceptions, in Chapter 402, subject to the following standards.
(1)
Minimum lot area. The minimum lot area shall be fifty (50) acres.
(2)
Minimum setback distances. The minimum setback distance or buffer width for land application of biosolids shall be as indicated in Table 406.70.1 or as required by state or federal law if a greater setback is required. Any buffer designated as "to be determined" shall be established by the BOCC and shall be dependent upon the existing or anticipated zoning and land uses within an activity center or adopted special area plan. Land application of biosolids shall not encroach into the required setback or buffer.
(3)
Compliance with state regulations. In addition to the requirements of this Section, the land application of biosolids shall comply with all federal, state, and county laws. The facility generating or treating the biosolids must have a valid permit from the Florida Department of Environmental Protection (DEP) that includes an approved agricultural use plan for the site.
(4)
Protection of ground and surface water resources. An applicant shall demonstrate methods for the protection of ground and surface water resources, including the potential for a permanent monitoring system. Surface water runoff resulting from land application of biosolids that impacts groundwater or surface water shall not violate state water quality standards. Runoff of biosolids to on-site and adjacent water bodies shall be prevented by not spreading during rainfall events or runoff periods. In areas where the Floridan aquifer is vulnerable or highly vulnerable, in stream-to-sink watersheds, or in springsheds, additional measures may be required to protect water resources.
(5)
Protection of adjacent uses. An applicant shall demonstrate methods for the protection of adjacent uses and properties from odor, dust, and other adverse impacts.
(6)
Protection of public or private water supplies. An applicant shall demonstrate, where applicable, the impacts of a land application program on public or private potable water supply systems.
(7)
Monitoring, record keeping, and reporting.
a.
A specific monitoring plan and the reporting requirements shall be established in the conditions of the special exception. At a minimum, the monitoring plan shall be based on site-specific requirements, including the quantity of biosolids treated, historical variations in biosolid characteristics, the types of crops grown on the application site, the level of treatment of biosolids, and the compliance history of the facility. Records of application zones and application rates must be maintained and available for inspection. A summary of biosolids application activity shall be submitted on an annual basis.
(8)
Competency. An applicant may be required to demonstrate competency and experience in the development, management, operation, and maintenance of all elements of a land application program.
(9)
Surety. As part of any development review of a land application of biosolids use, the BOCC may require posting of an adequate surety to remedy damages to water resources and public or private potable water systems adversely affected by the operation of such use.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.70.5. - Reserved.
Editor's note— Ord. No. 2021-12, § 2(Exh. A), adopted September 28, 2021, repealed the former Section 406.70.5 in its entirety, which pertained to territorial jurisdiction, and derived from Ord. No. 12-09, § 2(Exh. A), adopted October 9, 2012, and Ord. No. 2020-25, § 2(Exh. A), adopted November 10, 2020.
Sec. 406.71. - Inspection of facilities.
Inspections, which may include sampling and analysis of wastewater treatment plant effluent, shall be conducted by the Alachua County Environmental Protection Department as necessary and appropriate. Domestic wastewater treatment facilities with historical non-compliance issues may be inspected more frequently than facilities found to be in compliance.
(a)
Inspections and effluent sampling shall be conducted in accordance with Florida Department of Environmental Protection Standard Operating Procedures for Field Activities (DEP-SOP-001/01), as amended, for the purpose of determining compliance with this Article, state permits, permit conditions, and consent orders.
(b)
All domestic wastewater treatment facility owners or operators shall appoint one or more designated representative(s) who are capable of and shall provide an authorized representative of the County access to the premises within twenty-four (24) hours of a verbal request from the County where the permitted activity is located or conducted for the purpose of:
(1)
Having access to and copying any records that must be kept under the conditions of the facility permit or the requirements of this Article;
(2)
Inspecting the facility, equipment, practices, or operations regulated or required by the facility permit or the requirements of this Article; and
(3)
Sampling or monitoring any substances or parameters at any location reasonably necessary to assure compliance with the conditions of the facility permit and to protect natural resources.
(c)
Inspectors shall record relevant field observations concerning the facility and inform the owner, operator or designated representative of observations. Copies of laboratory analyses results from samples taken by the County shall be transmitted to the owner or operator. Laboratory analysis results from samples taken by the County shall not be utilized by the owner or operator for submittal to the State of Florida Department of Environmental Protection as part of the required self-monitoring program.
(d)
Intentional obstruction or interference by any person with an inspection by a representative of the County shall be considered a violation of this Article.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.72. - Record keeping.
Copies of all records required to be maintained at the facility by State or County regulation shall be available for inspection at all times. An on-site operations and maintenance logbook required by the State shall be maintained and kept on-site in a weatherproof location. The owner or operator of each domestic wastewater treatment facility shall submit to the County a copy of all correspondence to the FDEP relating to permit violations, noncompliance, unauthorized discharges and monthly operating reports. The owner or operator will provide the County with a copy of other correspondence to FDEP if specifically requested, in writing, by the County.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.73. - Wastewater discharges.
It shall be unlawful and a violation of this ULDC to discharge or cause the discharge of untreated wastewater from a wastewater treatment facility into surface water, groundwater, or stormwater management systems within Alachua County. Additionally, any discharge of domestic wastewater from a wastewater treatment facility, which results in a violation of applicable Florida Administrative Code rules, shall be considered a violation. Discharges specifically authorized by, and in full compliance with federal, state, or local permits are not subject to the provisions of this Section unless the County can demonstrate a significant adverse environmental impact resulting from the permitted discharge.
(a)
Reporting. All untreated wastewater discharges shall be reported by the owner or operator of the wastewater treatment facility to the County immediately upon discovery. Initial discharge reporting shall be followed up with a written or electronic notification within seventy-two (72) hours of discovery. The notification shall contain at a minimum the following information:
(1)
Date, time, and location of discharge;
(2)
Amount of untreated wastewater discharged; and
(3)
A brief narrative, including description of impacted areas and any corrective actions and/or water quality samples collected; and
(4)
Water quality data from samples collected as a result of the discharge shall be forwarded to the Department within forty-eight (48) hours of receipt by the owner or operator of the wastewater treatment facility.
(b)
Response. In the event of an untreated wastewater discharge, the owner or operator of the wastewater treatment facility must take appropriate immediate action to protect human health and the environment. Appropriate immediate action may include, but is not limited to wastewater recovery, lime application, water quality sampling, and signage and notification.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.74. - Temporary noncompliance.
In the event the owner or operator of any domestic treatment plant, reuse, or disposal system is temporarily unable to comply with any of the conditions of a permit or this Article due to breakdown of equipment, power outages, floods, or destruction by hazards of fire, wind, or by other cause, the owner or operator shall notify the County in person or by telephone within twenty-four (24) hours. The County may require the owner or operator to provide, within thirty (30) days, an acceptable contingency plan for preventing the recurrence of similar events.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.75. - Adoption of State regulations.
(a)
Alachua County hereby adopts the State of Florida Department of Environmental Protection's general and specific permit conditions placed on individual wastewater treatment facilities pursuant to Florida Administrative Code Chapter 62-4 excluding the delegation of permitting responsibilities unless and until a specific operating agreement is approved by the FDEP and Alachua County.
(b)
Alachua County hereby adopts the State of Florida Department of Environmental Protection's minimum effluent treatment standards, regulations controlling the treatment, management, and disposal of domestic wastewater residuals and the operation and maintenance of domestic wastewater treatment facilities pursuant to the Florida Administrative Code Chapters 62-302, 62-520, 62-522, 62-528, 62-600, 62-601, 62-602, 62-603, 62-604, 62-610, 62-611, 62-625, 62-640, 62-650,62-550, and 62-699.
(c)
Any violation of any general or specific permit condition, effluent standard, domestic residuals regulation or operation or maintenance regulation shall be considered a violation of this Article. Any activity, which results in a violation of state water quality standards (Florida Administrative Code Chapters 62-302, 62-520, and 62-550), shall be considered a violation of this Article. The County will comply with the state interpretations of State rules.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.76.- Applicability.
Historic resource is a comprehensive term that refers to both historic structures and sites, and archaeological resources and properties. For the purposes of this Article only, historic structures and sites, and archaeological resources, are treated as two (2) distinct categories.
(a)
Purpose. It is the purpose of this Section to implement the Alachua County Comprehensive Plan; and to preserve, protect, restore, rehabilitate, and encourage adaptive use consistent with preservation of historic character of structures, sites, travel routes, cemeteries, districts, buildings, objects, or other real or personal properties with intrinsic historical or architectural value relating to the history, government, and culture of the State and County.
(b)
Significant historic structures and sites. Significant historic structures and sites are those historic structures and sites that are listed, or are eligible for listing, on the National Register of Historic Places (see 36 CFR Ch. I, Part 60; https://www.nps.gov/subjects/nationalregister/index.htm).
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.77. - Identification.
(a)
General mapping. Maps of known historic structures and sites are maintained by the Florida Department of State, Division of Historical Resources, Master Site File, and by the Alachua County Department of Growth Management. Historic structures and sites have been inventoried in Alachua County, "Historic Structures Survey of Unincorporated Alachua County," by Sherry Anderson, M.H.P. June 2000.
(b)
Site specific determination. Surveys and analyses for historic structures and sites shall be required prior to alteration of a property known or likely to contain structures or sites of historical significance.
(1)
Where historic structures or sites are mapped, surveys and analyses shall be required by the County without recommendation of the Department of State, Division of Historical Resources.
(2)
Where historic structures or sites are not mapped, surveys and analyses may be required by the County upon recommendation of the Department of State, Division of Historical Resources, or qualified professional.
(c)
Standards for authorized investigation. Surveys and analyses for historic structures and sites shall be conducted in accordance with standards and methodology for the natural and historic resources assessment, Section 406.04. Authorized investigations and reporting of historic structures and sites shall, at a minimum, conform to Chapter 1A-46, Florida Administrative Code, and the provisions and standards contained in the "Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation", Sept. 29, 1983 (see https://www.nps.gov/history/local-law/arch_stnds_0.htm), prepared under the authority of Sections 101(f), (g), and (h), and Section 110 of the National Historic Preservation Act of 1966, as amended. These documents are adopted and made part of this Chapter by reference. Copies are available from the County Environmental Protection Department.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.78. - Prohibited activities.
Except as otherwise expressly provided in this Section, no activity shall occur on a property that contains, or has reasonable potential to harbor, structures or sites of historical significance, without the appropriate analysis and opportunity for mitigation, as specified under Section 406.79 below.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.79. - Standards for protection.
(a)
Preservation, restoration, or rehabilitation of historic structures shall be encouraged and incentives provided where possible.
(b)
The demolition of a historic structure or a structure that is integrally related to a historic structure shall be prohibited without allowing an opportunity for the acquisition of fee or less-than-fee interest in the property by a governmental unit, an organization, or by any other entity committed to the preservation, restoration, or rehabilitation of the structure(s).
(c)
Adaptive use of historic structures consistent with preservation of their historic character shall be encouraged. Where possible, variances to building codes and regulations shall be made to facilitate the rehabilitation and maintenance of historic structures. Historic structures originally built for residential use shall be maintained as residential dwellings to the greatest extent possible, but may be adapted to other uses.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.80.- Purpose.
It is the purpose of this Article to implement the Alachua County Comprehensive Plan, and to preserve, protect, and restore archaeological resources. These resources constitute the physical evidences of past human activity, as well as evidences of the effects of that activity on the environment, including but not limited to: monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, sunken or abandoned watercraft, engineering works, treasure troves, artifacts, or other sites, landforms, properties, objects, or features with intrinsic archaeological value.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.81. - Significant archaeological resources.
Significant archaeological resources are those archaeological resources that are listed, or are eligible for listing, on the National Register of Historic Places (see 36 CFR Ch. I, Part 60; www.cr.nps.gov/places.htm).
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.82. - Identification.
(a)
General mapping. Maps of known archaeological sites are maintained by the Florida Department of State, Division of Historical Resources, Master Site File. Areas of known or probable archaeological resources have been modeled in Alachua County, "An Archaeological Survey of Unincorporated Alachua County, Florida (Phase I and Phase 2), by Southeastern Archaeological Research, Inc., October 2001.
(b)
Site-specific determination. Surveys and analyses for archaeological resources shall be required prior to alteration of a property known or likely to contain resources of archaeological significance, as set forth for historic sites and structures in Subsection 406.77(b).
(c)
Standards for authorized investigation. Surveys and analyses for archaeological resources shall be conducted in accordance with standards and methodology appropriate to archaeological resources, as set forth for historic sites and structures in Subsection 406.77(c).
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.83. - Prohibited activities.
Except as otherwise expressly provided in this Section, no development activity involving ground disturbance shall occur on a property containing, or having reasonable potential to harbor, resources of archaeological significance, without the appropriate analysis and opportunity for mitigation as specified in Section 406.84.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.84. - Standards for protection.
(a)
Avoidance, minimization, and mitigation (in that order of preference) of adverse impacts on significant archaeological resources shall be required as appropriate to the scale and significance of the resource.
(b)
Development orders for parcels containing known or suspected areas of archaeological significance shall be conditioned, where appropriate based on recommendation from qualified professional, to accomplish the following:
(1)
Insure proper archaeological investigation prior to construction and, where appropriate, avoidance, minimization, and mitigation of impacts.
(2)
Preserve and provide perimeter buffering around significant archaeological sites in order to maintain the security and integrity of the resource. This may include, if necessary, alteration to the proposed or originally approved development plan.
(3)
Where archaeological sites are to be preserved, incentives to encourage retention of these areas may be provided.
(c)
Mitigation of archaeological resources may include but is not limited to the following:
(1)
The excavation of an archaeological resource or an object or property that is integrally related to a significant archaeological resource shall be prohibited without allowing an opportunity for the acquisition of fee or less-than-fee interest in the property by a governmental unit, an organization, or by any other entity committed to the preservation, restoration, or rehabilitation of the resource(s).
(2)
Adaptive use of archaeological landforms or properties consistent with preservation of their archaeological character shall be encouraged.
(d)
When unmarked human remains are discovered during excavation, construction, development, or any other circumstances, such discovery must be reported to the State Archaeologist, or to the County Medical Examiner, District 8 (see https://district8me.com/), as appropriate. Any activities on the site that may disturb the remains shall not be resumed until authorized in writing by such offices. This requirement is enforced under F.S. §§ 872.02 and 872.05 and is a violation of this ULDC (see also www.flheritage.com/archaeology/FS872/procedure.cfm).
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.85.- Purpose.
It is the purpose of this Section to implement the Comprehensive Plan, and to preserve, protect, and restore paleontological resources through recovery concurrent with onsite ground disturbing activities. Paleontological resources constitute the physical evidences of non-human life forms which lived in the past, generally seven thousand (7,000) years ago or more, i.e. during and prior to the Rancholabrean glaciation, the most recent glaciation which earth has experienced. These resources may include, but are not limited to fossils, traces, imprints, objects, sites, or other real or personal property of paleontological value.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.86. - Significant paleontological resources.
Significant paleontological resources include but are not limited to scientifically significant fossil finds, as well as those resources determined to be significant in the field based on number, type, and context of the resource.
(a)
A "scientifically significant fossil find" is a fossil or fossils consisting of at least one of the following:
(1)
Two (2) or more teeth attached to a jawbone (mandible or maxilla);
(2)
One-half (½) or more of a skull;
(3)
Six (6) or more bones of a skeleton arranged as they were in the living animal (articulated);
(4)
Fifty (50) or more bones and teeth found in close proximity, not necessarily from the same species, excluding shark, fish, and ray teeth, spines, and scales;
(5)
Three-fourths (¾) or more of an articulated exoskeleton of a crab, shrimp, insect, or other arthropod;
(6)
An articulated skeleton of a starfish or sea star (but excluding finds of the more common sea urchins or sand dollars [echinoids]);
(7)
Impressions or fossilized remains of leaves, fruit, nuts, or other macrobotanical structures.
(b)
Specifically excluded are the most common types of fossils found in Alachua County, listed below:
(1)
Isolated teeth of sharks, rays, fish, dolphin, sperm whale, horse, bison, llama, or peccary;
(2)
Isolated spines and vertebrae of sharks, rays, and fish;
(3)
Dugong ribs and vertebrae;
(4)
Isolated dolphin and whale ear bones and vertebrae;
(5)
Isolated vertebrae, ribs, and leg bones of horse, llama, peccary, bison, and other mammals;
(6)
Shells of clams, oysters, snails, and other mollusks;
(7)
Sea urchins and sand dollars;
(8)
Foraminifera ("coin fossils");
(9)
Any fossils of marine or aquatic animals, plants, and protists whose total size is less than one-tenth (0.1) inch; and
(10)
Fossil pollen or phytoliths (microscopic-sized remains of plants).
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.87. - Public projects.
When significant paleontological resources are encountered in the course of construction or maintenance of any public project, or on any publicly owned land, the County Manager shall be notified within twenty-four (24) hours of the discovery, and further activity within one hundred (100) feet of the resource shall be postponed to allow proper paleontological investigation. The County Manager shall report the discovery to the Florida Museum of Natural History, and reasonable opportunity shall be provided for Museum personnel to investigate and excavate the resource prior to further disturbance. The following practices are specifically prohibited:
(a)
No person shall conduct field investigations on, or remove or attempt to remove, or deface, destroy, or otherwise alter any paleontological resource or property, except in the course of activities authorized by the County Manager.
(b)
No person shall offer for sale or exchange any object with knowledge that it has been collected or excavated in violation of this Section, or procure, counsel, solicit, or employ any other person to violate any prohibition contained herein, or to sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange any paleontological resource or property excavated or removed, except with the express written consent of the County Manager.
(c)
In the instance that specimens, objects, and materials are removed or attempted to be removed, or defaced, destroyed, or otherwise altered, each item may constitute a separate violation. In addition, all such specimens, objects and materials, together with all photographs and records relating to such materials, shall be forfeited to the County.
(Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.88. - Private projects.
When significant paleontological resources are encountered in the course of construction or maintenance of any private project, notification to either the County Manager or the Florida Museum of Natural History is encouraged. Upon notification, Museum personnel will perform appropriate paleontological investigations and excavations concurrent with site grading, installation of utilities, stormwater construction, or other land disturbing activities, in a manner that minimizes disruption to the construction activity and project schedule.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.89.- Purpose.
The purpose of this Section is to promote the public health, safety, and general welfare of the citizens of Alachua County; to implement the Comprehensive Plan; and to preserve, protect, and improve geologic features which are significant due to the interrelationship of natural resource values, characteristics, and hazards with land capability and suitability. Significant geologic features include but are not limited to point source features such as sinkholes, caves, and limestone outcrops; lineal features such as lineaments, ridges, escarpments, springs, and swallets; and areal features such as steep slopes and springsheds. For the purposes of this Section, certain karst features, such as paleo or relic sinkholes, closed landscape depressions, and small solution pipe features on a case-by-case basis may not be considered significant geologic features. Final determination of significance shall be made by County staff upon consultation with relevant experts.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.90. - Protection strategies for karst features and topography.
Strategies for protection shall be based on the unique characteristics of the resource and shall be tailored to address diverse geometries, connections to surface water and ground water, habitat functions and values, and the dynamics of natural systems processes. Avoidance, minimization, and mitigation of significant adverse impacts shall be required. Strategies may include but are not limited to the following.
(a)
Onsite protection.
(1)
Significant geologic features shall be designated and protected as conservation management areas in accordance with the requirements of Article XVII of this Chapter.
(2)
Other features may be incorporated as Open Space or common area elements in project design.
(3)
Natural topographic features may be retained through lot layout and infrastructure siting.
(b)
Buffers for significant geologic features. Perimeter edge buffering shall be required around protected significant geologic features in order to maintain natural context, edge vegetation, and structural protection. Buffers for sinkholes shall be measured from the outermost distinct closed contour associated with the feature. Buffers for caves, lineaments, ridges, escarpments, limestone outcrops, springs, and swallets shall be determined based on evaluation of the unique characteristics of the particular geologic feature and the contributing watershed. For the following features, absent scientific information which demonstrates that another buffer width is appropriate, the following default buffer widths shall be applied:
(1)
Sinkholes: an average of seventy-five (75) feet, but no less than fifty (50) feet.
(2)
Springs, quarries, karst windows, or other karst features with a direct connection to the Floridan aquifer; significant geologic features located within Outstanding Florida Springs Priority Focus Areas (PFAs); and caves: an average of one hundred fifty (150) feet, but no less than one hundred (100) feet.
(3)
All other significant features: No less than twenty-five (25) feet.
(c)
Habitat functions. In instances where geologic features function as habitats for listed species, special protection will be provided commensurate with the character of the habitat and needs of the species.
(d)
Other karst features. Paleo or relic sinkholes, small solution pipes or other karst features commonly referred to as closed landscape depressions are encouraged to be protected by locating outside of developable area or within the limits of Open Space. Buffers or preservation of the feature may not be required if the habitat functions in Subsection (c) do not apply and it can be determined that remediation or the absence of a buffer will not cause water quality impacts to the surficial, intermediate or Floridan aquifer.
(e)
Steep slopes. Where steep slopes greater than or equal to five (5) percent are found adjacent to watercourses, existing vegetation shall be substantially retained to minimize erosion consistent with best management practices and surface water and wetland buffers.
(f)
Seepage slopes and shallow groundwater tables. Development shall be designed to include retention of the natural character of seepage slopes and shallow ground water tables.
(Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.91. - Alternative compliance.
(a)
Applicants may request a reduction in buffer width provided the following criteria are addressed:
(1)
Demonstration that the activity cannot occur in any other feasible location outside of the designated buffer area or that it is the most appropriate location to limit impacts to regulated resources based on existing site conditions; and
(2)
Efforts have been made to minimize disturbance of the buffer consistent with Section 406.113 of this Chapter; and
(3)
The activity will not impact the integrity of the feature or cause water quality impacts to the surficial, intermediate or Floridan aquifers; and
(4)
If the lot of record is too small to accommodate permitted development in compliance with the minimum width, the applicant shall, as an alternative, design and construct a stormwater control feature such as, but not limited to, a vegetated swale and/or berm that effectively prevents direct drainage into the karst feature; and
(5)
Requests to reduce buffer widths for development requiring only a building permit must be made through the pre-application screening process described in Section 402.04. Requests to reduce buffer widths for development requiring development plan review must be made with the development plan application.
(b)
Alternatives to onsite protection may be considered when physical constraints of the parcel preclude maintenance of the integrity of the resource or when public health and safety area jeopardized. Remediation of any karst feature shall be evaluated in accordance with Sections 406.92 and 406.93, as applicable. Any activity proposed within or affecting a significant geological feature may require mitigation in accordance with the standards of Section 406.114.
(Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.92. - Projects within karst topography and high aquifer recharge areas.
An application for any new development or expansion of existing development located within a high aquifer recharge area or karst area shall submit an analysis of site conditions in sufficient detail to define hydrologic and geologic conditions which may guide land development or construction activities on the proposed site. The application shall also depict karst features on the project site and off-site within one hundred fifty (150) feet of the project boundary. The following submittal requirements shall apply:
(a)
Where karst features are present, the following minimal information shall be included with the application:
(1)
Regional potentiometric surface map of the Florida aquifer using available data or maps;
(2)
Geologic bulletins and papers specific to the project area;
(3)
Geotechnical and hydrogeologic reports or studies, such as test borings, ground penetrating radar, electrical resistivity, and other tests as applicable;
(4)
Assessment of sinkhole, cave, lineament, escarpment, solution pipe, and other known and potential karst features; and
(5)
Engineering analysis and recommendations, including:
a.
Evaluation of planned site area; and
b.
Options and recommendations including but not limited to:
1.
Minimization of impervious surfaces;
2.
Potential for innovative stormwater collection and protection measures including pre-treatment and shallow drainage retention areas;
3.
Alternatives to stormwater retention basins when soil cover is inadequate to protect the Floridan aquifer; and
4.
Recommendations for protection strategies or alternative compliance in accordance with Section 406.91.
(b)
Projects shall comply with applicable standards in Chapter 406, Article VIII, Springs and High Aquifer Recharge Areas.
(c)
No untreated stormwater shall be directed into a karst feature. Stormwater management facilities should be located as far as possible from significant geologic features on or adjacent to the project area, and outside the drainage area of those features so that stormwater flows towards it are minimized. All other applicable requirements in Chapter 407, Article IX shall be met.
(Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.93. - Remediation.
If remediation of a karst feature is proposed, the development application must include a remediation plan containing all details for the remediation activity. A final certification documenting that the karst feature was successfully remediated in accordance with the plan shall be submitted upon completion of the work in accordance with the approved timeline. The remediation plan and final certification must be signed and sealed by a professional engineer or professional geologist licensed in the State of Florida. Karst features remediated in compliance with this paragraph shall not be required to meet the buffer requirements of this Article.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.94. - Significant geological feature management plan.
Significant geologic features and their buffers may require unique management strategies to protect water quality, hydrologic integrity, and ecological value. Management strategies may include, among other techniques, filling and development restrictions, buffers, runoff diversion, muck and debris removal, berm and weir construction, and filtration. The use of reclaimed water or fertilizer within significant geologic features and their buffers is prohibited. The following considerations shall be included in the Management Plan as required per Chapter 406, Article XX. Any significant geologic feature for which access is sought, regardless of size, shall submit a Management Plan and include details in accordance with Subsection (b) below.
(a)
Restoration plan. The applicant shall submit a plan that demonstrates the elimination of access and the restoration of the land to a natural condition, including stabilization of erosion channels, limiting drainage from non-natural areas, and restoration of buffer areas that have been disturbed, as applicable.
(b)
Access. If there are (or were) points of access to the significant geologic feature or if access is proposed, all the conditions in Subsection (a) above shall be met. In addition, an applicant shall provide a detailed access management plan, demonstrating the following:
(1)
That there is a recreational or scientific benefit that the public derives from the retention or creation of access. If access exists, the applicant must demonstrate that closing the access would not be practical based on the current level of use.
(2)
That all sources of erosion or pollution to the significant geological feature and buffers are mitigated to eliminate or reduce erosion and pollution to the lowest reasonable level.
(3)
That the access is the minimum needed to meet the needs. The route chosen shall be the least damaging and least vulnerable to erosion.
(4)
There is dedicated funding for continued maintenance of the access, stormwater controls, waste collection, and landscaping.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.95.- Purpose.
The purpose of this Article is to provide for the conservation and management of natural resources when obtaining approval of a development order. Regulated natural and historic resources shall be protected onsite in the form of conservation management areas as set forth below.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.96. - Size.
The amount of land to be protected within a conservation management area shall include the entire regulated natural or historic resource, as well as additional areas such as buffers, setbacks, and linkages that preserve natural systems functions.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.97. - Site selection and design.
Conservation management areas shall be designed and maintained in areas with intact vegetation, including canopy, understory, and groundcover where applicable, in functional, clustered arrangement, with logical contiguous boundaries to eliminate or minimize fragmentation to the greatest extent practicable. Where alternative sites exist, the site or sites selected for onsite protection shall be the best suited to preserve ecological integrity, maximize use by wildlife and maintain the long-term viability of natural plant or animal communities. The selection shall be based upon the following:
(a)
Function and value of natural resources;
(b)
Quality and condition of natural resources;
(c)
Protectability and manageability;
(d)
Size and shape (emphasis should be on avoiding enclaves of development or areas fragmented by development; and, on providing, where appropriate, adequate buffers from the secondary impacts of development and adequate wildlife corridors);
(e)
Contiguity with adjacent existing habitat, functional wetland system, floodplain, or habitat corridor;
(f)
Existing species population sizes and life history requirements;
(g)
Proximity and accessibility to other populations of the same species;
(h)
Compatibility of conservation with adjacent land uses; and
(i)
Recommendations from the Florida Fish and Wildlife Conservation Commission and other appropriate agencies.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.98. - Location.
Conservation management areas shall be located in one or a combination of the following configurations:
(a)
Open Space;
(b)
Entirely within the boundaries of a single individual lot; or
(c)
Across multiple agricultural lots greater than two hundred (200) acres in size, designed to minimize impact to conservation resources and allowed as part of an approved special area plan.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-09, § 2(Exh. A), 3-10-20; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.99. - Permitted uses.
The use of conservation management areas shall be limited to that which is compatible with protection of the ecological integrity of the protected resources. The following uses may be permitted as part of an approved management plan, provided they do not adversely affect natural resource function and ecological integrity:
(a)
Nature trails (mulched walking paths, elevated wooden walkways);
(b)
Low intensity, passive recreational activities such as wildlife viewing and hiking;
(c)
Scientific and educational activities (interpretive trails, observation points);
(d)
Site investigative work such as surveys, soil logs, and percolation tests;
(e)
Scenic, historic, wildlife, or scientific preserves;
(f)
Ongoing agricultural and silvicultural activities that:
(1)
Are consistent with the protection of the natural resource(s) identified on the site for protection under the management plan; and
(2)
To the extent consistent with the protection of such resources, follow certification programs or best management practices as set forth in Subsection 406.05(c);
(g)
Single-family residential dwellings established as part of an approved management plan, special area plan, or as adopted within a Rural Lands Stewardship Area;
(h)
Constructing fences where no fill activity is required; and
(i)
Other uses demonstrated to be compatible with natural resource protections as outlined in the management plan.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.100. - Prohibited activities.
The following activities are prohibited unless part of an approved management plan:
(a)
Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground.
(b)
Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials.
(c)
Removal or destruction of native trees, shrubs, or other vegetation.
(d)
Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface.
(e)
Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition.
(f)
Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation.
(g)
Acts or uses detrimental to such retention of land or water areas.
(h)
Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.101. - Discharges to protected areas.
Wastewater and stormwater discharges to conservation management areas are generally prohibited. If discharges are allowed in conservation management areas the following criteria shall be satisfied:
(a)
The quantity, timing, and quality of discharge maintain or improve water quality, biological health, and function of the natural ecosystem.
(b)
Downstream waters are not affected by nutrient loading.
(c)
The project owner or developer prepares and implements an operation, maintenance and monitoring plan acceptable to the County.
(d)
The project owner or developer corrects any failures in design or operation of the system that cause degradation of water quality, biological health, or the function of the natural ecosystem.
(e)
The owner or developer posts a performance bond or similar financial guarantee to assure implementation of maintenance and monitoring consistent with the provisions of Subsection 406.114(h).
(f)
Treatment is provided in accordance with the requirements of Section 407.94, Water quality criteria and the requirements of the appropriate water management district.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.102. - Protection during construction.
Prior to and during parcel alteration, the conservation management area boundaries shall be clearly marked and appropriately protected as follows.
(a)
Physical protection barriers shall be installed around the outer extent of the set aside portion of conservation management areas as necessary to prevent disturbance by individuals and equipment. Protective barriers must be installed and approved prior to commencement of permitted activities and maintained in place until activities are complete. A minimum setback of fifteen (15) feet from the conservation management area may be required for construction activities. Clearing, grading, and filling may be prohibited within the setback area unless the applicant can demonstrate that conservation resources within the protected area will not be damaged.
(b)
Erosion and turbidity control measures shall be required in order to prevent runoff of turbid water into conservation management areas.
(c)
In addition to mitigation required pursuant to this Chapter, the developer shall completely restore any portion of a protected conservation management area damaged during the proposed activity. Certificates of occupancy shall not be issued until restoration activity has been completed.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.103. - Permanent protection.
Conservation management areas shall be permanently protected as follows:
(a)
Dedication. All areas protected under this Section shall be restricted from further subdivision and protected in perpetuity using a legal instrument that runs with the land, in a form acceptable to the County and duly recorded in the public record which assures the preservation and continued maintenance of the conservation management area.
(1)
The preferred legal instrument shall be a conservation easement in accordance with F.S. § 704.06, to be recorded in the public records of Alachua County, which shall restrict the use of the land in perpetuity to non-development uses, runs with the land, and be expressly enforceable by the County. The BOCC may consider adding high quality conservation management areas to the County Registry of Protected Public Places.
(2)
The County may consider deed restrictions and other forms of dedication for isolated conservation management areas under four (4) acres in size, or for conservation resources on single-family lots, to assure the preservation and continued maintenance of the conservation management area.
(3)
For building permits on undeveloped lands that contain regulated natural or historic resources, or other administrative approvals as described in Section 402.48 that impact regulated natural or historic resources, unless exempt under Subsection 400.04(d), a notification that the property contains such resources signed by the owner shall be recorded in the public record in a form approved by the Environmental Protection Department. This notice shall not be considered an encumbrance upon the property. A permanent protection instrument may be required if the application is associated with enforcement or mitigation.
(4)
The County may issue development approval subject to the recording of the approved legal instrument. Issuance of construction and building permits shall be withheld until proof of recordation is provided to the County.
(b)
Plat notations. The boundaries of designated conservation management areas, including any required buffers, and the building area limitation as required by Subsection 406.03(b) for lots located within the conservation management areas shall be clearly delineated on development plans, plats, and deed restrictions, and a legal description of the boundaries shall be included. A plat shall identify express prohibitions preceded by the following statement:
"The activities/acts/uses identified below are prohibited in designated 'conservation management area(s)' unless part of an approved management plan without express written permission from the Alachua County Environmental Protection Department. Violation of any one of these provisions without such written permission shall be considered a discrete violation of a Development Order issued by the Alachua County Board of County Commissioners. Development Order terms are enforceable by any means available at law, including in accordance with F.S. Ch. 162, as amended from time to time, and Chapter 24, Alachua County Code of Ordinances, as amended from time to time. Violations may result in monetary penalties of up to fifteen thousand dollars ($15,000.00) and/or order to restore conservation area(s) to preexisting conditions at the expense of the owner(s). Failure to comply with an order of an Alachua County code enforcement mechanism pursuant to Chapter 24 of Alachua County Code, as amended from time to time, may result in liens against the property.
Prohibited activities/acts/uses in conservation management area(s)':
(1)
Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground.
(2)
Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials.
(3)
Removal or destruction of native trees, shrubs, or other vegetation.
(4)
Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface.
(5)
Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition.
(6)
Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation.
(7)
Acts or uses detrimental to such retention of land or water areas.
(8)
Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance."
(c)
Field markers. Permanent survey markers using iron or concrete monuments to delineate the boundary between conservation management areas and contiguous land shall be set, according to current survey standards. Markers shall be installed prior to issuance of the initial certificate of occupancy or other final approval and shall be maintained by the owner in perpetuity.
(d)
Signs.
(1)
The perimeter of conservation management areas shall be permanently identified with uniform signs that identify the area as protected conservation area.
(2)
When signage is required by another governmental agency and coincides with County requirements, the alternate signage shall satisfy this requirement.
(e)
Identification on zoning map atlas. Areas protected as conservation management areas may be rezoned to a conservation zoning category with landowner approval at the County's expense.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 06-14, § 2(Exh. A), 7-20-06; Ord. No. 09-01, § 2(Exh. A), 2-24-09; Ord. No. 2013-05, § 2(Exh. A), 5-14-13; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.104. - Management requirements.
Conservation management areas shall be maintained in compliance with standards set forth in this Chapter and any required management plan.
(a)
Responsibility. Unless otherwise agreed by the County, the cost and responsibility of managing the protected area shall be borne by the owner or responsible entity.
(b)
Minimum requirements. Management shall maintain or enhance the ecological value of the protected area and support the survival of listed species. Management shall include but not be limited to the following:
(1)
Non-native vegetation shall not be introduced into the protected area. Invasive vegetation shall be removed if possible or reduced to a level of non-interference with the growth of native vegetation. Removal shall be accomplished utilizing ecologically sound techniques, including manual removal, hand-held power equipment, and prescribed burning. Trees which are actually used as nest or perch trees shall be retained but controlled. All vegetative debris must be disposed of outside the protected area.
(2)
Dead trees that are not a hazard to humans and that provide habitat for wildlife shall remain in the protected area.
(3)
Where removal occurs, replacement with appropriate native species may be required.
(4)
Future owners, tenants, or other users of the protected area and resource shall be informed of the specific requirements of the approved management plan, and relevant state and federal laws. Information shall consist of tangible materials, including but not limited to deed or title notes, brochures, and signage.
(5)
Fencing may be required to control access to the protected area.
(c)
Management plan. A management plan may be required in order to provide long-term protection and maintenance of the values and functions of the conservation management area, in accordance with Article XX of this Chapter. The parcel owner shall maintain the protected area in accordance with the management plan. Adequate financial resources to maintain and manage the protected area may be required. Modifications to the management plan are prohibited without prior written approval by the County.
(d)
Failure to maintain. If the conservation management area is not properly maintained or managed, the County may assume responsibility of maintenance and may charge the property owners or responsible entity a fee which covers maintenance and administrative costs.
(Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.105. - Ownership of conservation management area.
(a)
The conservation management area may be owned by one or a combination of the following:
(1)
Landowner;
(2)
Homeowners' association;
(3)
Established land trust;
(4)
Non-profit conservation organization;
(5)
Alachua County, with approval;
(6)
Other public agency with conservation responsibilities and expertise (e.g. Water Management District).
(b)
If the conservation management area is not properly maintained in accordance with the approved management plan, the County may assume responsibility of maintenance and charge the property owner or homeowners' association a fee which covers maintenance and administrative costs.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.106.- Purpose.
It is the purpose of this Section to implement policies in the Comprehensive Plan to protect lands within the preservation category on the future land use map of the Comprehensive Plan. Preservation areas shall consist of publicly owned lands, including lands owned and managed by non-profit conservation organizations which are intended for use as natural reserves or managed conservation lands for the preservation of natural resources in perpetuity.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 07-07, § 2(Exh. A), 4-27-07; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.107. - Natural and historic resources protections applicable.
The provisions of this Chapter shall apply to the regulated natural and historic resources that are included within publicly and privately owned preservation areas, in addition to other regulations applicable under this ULDC.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.108. - Preservation buffer overlay district.
The provisions of Chapter 405, Article VIII shall apply to lands adjacent to public parks or preserves established for the purpose of preserving natural habitat, or lands designated as Preservation according to the future land use map of Alachua County, or an equivalent category designated on the future land map of any adjacent jurisdiction.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 06-14, § 2(Exh. A), 7-20-06; Ord. No. 09-01, § 2(Exh. A), 2-24-09; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.109. - Intergovernmental coordination.
Where adjacent lands are not located within unincorporated Alachua County, the following shall apply:
(a)
Alachua County shall make available maps of all preservation management areas to adjacent municipalities and counties, so that adjacent jurisdictions have knowledge of the existence and location of these areas.
(b)
Alachua County shall seek to enter into agreements with adjoining jurisdictions, under which the adjoining jurisdictions shall adopt or otherwise implement the standards of the preservation buffer overlay to protect the natural resources within County preservation management areas.
(c)
Alachua County shall request the local government authority with jurisdiction for development approval to notify the County upon receipt of any application for development or land clearing within the preservation buffer overlay, and to provide reasonable opportunity for the County to provide written comments and recommendations.
(d)
Alachua County shall pursue all appropriate judicial and administrative remedies to prevent or compensate for adverse impact to preservation management areas due to activities on lands in adjacent jurisdictions.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.110.- When required.
A management plan shall be required for all development applications involving properties with greater than or equal to five (5) acres of regulated natural or historic resources areas whether or not impact is proposed; and may be required for properties with less than four (4) acres of regulated natural resources where impact is proposed. The management plan shall be submitted for review and approval concurrent with submittal of the application. Applications for administrative permits that require a management plan may use the template provided by the County identified in Subsection 406.112(f).
(Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.111. - Professional standards.
The management plan shall be prepared at the expense of the applicant by person(s) qualified in the appropriate fields of study and conducted according to professionally accepted standards.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.112. - Contents.
The management plan shall provide for the following:
(a)
Description of goals and objectives based on type of natural resources to be managed;
(b)
Description of all proposed uses, including existing and any proposed physical and access improvements;
(c)
Description of prohibited activities, such as mowing in wetland buffers, or removal of native vegetation in protected habitat areas;
(d)
Descriptions of ongoing activities that will be performed to protect, restore, or enhance the natural resources to be protected. This may include:
(1)
Removal or control of invasive vegetation and debris;
(2)
Replanting with native vegetation as necessary;
(3)
Provision for listed species habitat needs, including restricting, at appropriate times, intrusions into sensitive foraging, breeding, roosting, and nesting areas;
(4)
Fencing or other institutional controls to minimize impact of human activities on wildlife and vegetation, such as predation by pets;
(5)
Prescribed burning, thinning, or comparable activities performed in an environmentally sensitive manner to restore or maintain habitat;
(6)
Cooperative efforts and agreements to help promote or conduct certain management activities, such as cleanups, maintenance, public education, observation, monitoring, and reporting;
(7)
Any additional measures determined to be necessary to protect and maintain the functions and values of conservation areas in conjunction with wildfire mitigation in accordance with the requirements of Article XIX of this Chapter;
(8)
Set of schedules, estimated costs, staffing requirements, and assignments of responsibility for specific implementation activities to be performed as part of the management plan, and identification of means by which funding will be provided;
(9)
Performance standards with criteria for assessing goals and objectives;
(10)
Five-year monitoring plan with schedule and responsibility;
(11)
Ownership and party responsible for management activities;
(12)
Provision for changes to be reviewed and approved by the County; and
(13)
Contingency plans for corrective measures or change if goals not met, and recognition of County enforcement authority.
(e)
Revision of an approved management plan. Modifications to an approved management plan that do not result in lesser protection of the resource(s) present may be allowed, subject to approval by the County development review body that approved the original management plan.
(f)
Management standards in lieu of plan. The agreement to use management practices in accordance with a standard management plan template provided by the County may satisfy the requirement of a management plan.
(g)
Enforceability. The existence of the management plan shall be noted on plans and plats, covenants and restrictions, conservation easements, and other documents as appropriate to the type of development and manner of protection provided. The management plan shall be specifically enforceable by the County.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.113.- Applicability.
Approval shall only be granted for proposed activities that are located, designed, constructed, and maintained to avoid, minimize, and, where necessary, mitigate adverse impacts on regulated natural and historic resources, consistent with upland habitat limitations under Article III, Article IV and Article V of this Chapter, the requirements for surface waters and wetlands found in Article VI of this Chapter and the requirements for tree preservation in Article II of this Chapter.
(a)
Avoidance measures. Specific measures for avoidance which will be required prior to authorization of any adverse impact may include, but are not limited to, the following:
(1)
Limiting the scope, degree, or magnitude of the proposed activity.
(2)
Using appropriate and best available technology.
(3)
Sensitive site design, siting of facilities, and construction staging activities.
(4)
Exploring alternative on-site locations to avoid or reduce impacts of activities.
(5)
Scheduling proposed activities at times of minimum biological activity to avoid periods of migration, rearing, resting, nesting, and other species-specific cycles and activities.
(6)
Managing the access to conservation management areas, such as fencing designed to separate wildlife and pets or to exclude humans from sensitive denning or breeding areas.
(b)
Minimization measures. The following special design standards may be required to minimize disturbance caused by activities adjacent to natural resources:
(1)
Minimum setbacks for clearing of native vegetation adjacent to regulated natural resources, or for construction of impervious surfaces greater than one hundred (100) square feet in base coverage.
(2)
Limiting native vegetation removal to the minimum necessary to carry out the proposed activity or to meet fire hazard standards. Protection of tree crowns and root zones may be required for all trees planned for retention.
(3)
Roads and other development features located to follow existing topography and minimize cut and fill.
(4)
Designing stormwater to maximize overland flow through natural drainage systems and grassed overland (roadside and lot line) swales; multi-purpose use of stormwater management systems; use across or for multiple properties.
(5)
Using performance-based treatment systems, or siting septic tanks and drainfields to prevent discharges that adversely impact the environmental quality of regulated natural and historic resources.
(6)
Limiting residential density and building area in accordance with Subsection 406.03(b) of this Chapter.
(7)
Other reasonable protective measures necessary to minimize adverse effects may be required depending on conditions specific to a particular site.
(c)
Mitigation measures. Where impacts to regulated natural resources cannot be avoided, mitigation may be required subject to the requirements of Section 406.114 below. Mitigation of significant adverse impacts to conservation or preservation areas within the County shall be required for both public and private projects, in accordance with criteria specific to the resource and criteria generally applicable to mitigation proposals as set forth herein.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.114. - Mitigation.
Mitigation of significant adverse impacts on conservation and preservation areas shall include funding for the acquisition and management, preservation, replacement, or restoration of significant ecological resources. A proposal for mitigation of significant adverse impacts must meet the following general mitigation standards. Mitigation of impact to wetlands and wetland buffers is provided in Article VI of this Chapter. Mitigation of impact to regulated trees is provided in Article II of this Chapter.
(a)
Determination of impact. Significant adverse impacts to a conservation or preservation area shall be evaluated based on the terms of the natural function and value of the resource. Mitigation shall be acceptable only where it is determined that mitigation will result in no actual net loss of the resource function and value.
(b)
Characteristics of mitigation proposals. A mitigation proposal shall provide compensation for all functions and values of impacted resources by protecting two (2) times the area of comparable resource type, and good or superior resource quality, as the area being impacted, except where no other access is available and impact is allowed in the least sensitive portion of the resource, in which case mitigation shall be reduced to a replacement ratio of 1:1. The following characteristics shall be included in the proposal:
(1)
The hydrologic, soil, slope, and other basic characteristics of the proposed project must be adequate to achieve proposed project goals.
(2)
The mitigation area must be at least as persistent as the existing natural resource it is intended to replace.
(3)
The size of the mitigation area shall be based on the quality of habitat or vegetation on both the area of impact and the area of proposed mitigation.
(c)
Resource-based mitigation. Where mitigation is required by this Chapter, resource-based mitigation may be provided on or adjacent to the site, or offsite. The order in which mitigation will be considered shall be:
(1)
Onsite restoration or enhancement. An applicant may mitigate for impacts onsite by replanting on or adjacent to the parcel, relocating movable resources from one portion to another portion of the parcel, or other measures to restore the quality, function and value of the resource. An easement may be required to ensure the continued viability of the area to be restored or enhanced.
(2)
Offsite preservation. The applicant may provide offsite mitigation through the preservation of land through offsite dedication, transfer of fee or less than fee simple title to a land conservation agency, non-profit conservation organization, or other entity approved by the County. Portions of offsite conservation management areas requiring protection under this ULDC shall not be used as credit towards a mitigation proposal. Mitigation of impacts to a regulated plant or animal species or its habitat that is required by a state or federal agency (such as the water management districts) shall be applied towards offsite mitigation if it is for the same development project and meets the following requirements:
a.
Offsite protection sites shall meet all appropriate size, site selection and design, protection, ownership and maintenance, and other provisions of this Chapter applicable to onsite conservation management areas. Fencing may be required to control access to the mitigation area.
b.
Offsite conservation management areas shall be located in Alachua County and may include:
1.
Sites composed of addition of land to existing publicly managed areas held for conservation purposes, such as State or County parks or preserves;
2.
Sites recommended for preservation or restoration by a State or local governmental land conservation agency; or
3.
Other suitable sites within an ecosystem or watershed in proximity to the conservation or preservation area being adversely impacted by development.
(d)
Fee-in-lieu of land. As an alternative to the protection of land, the County may allow contribution of a fee-in-lieu-of-land to the environmentally sensitive lands fund, under which the County shall purchase or manage land to protect natural resources in accordance with standards of this Chapter. Where fee-in-lieu of land is allowed, the cash payment shall be equivalent to one hundred fifty (150) percent of the average per acre-appraised market value, at the time of permit application, multiplied by the number of acres of regulated natural resource for which mitigation is required, plus estimated total cost of management required to establish the viability of that type of resource.
(e)
Submittal of proposal. A mitigation proposal shall be submitted in conjunction with the requirements for resource assessment requirements under Section 406.04. The mitigation proposal shall require the same assessment and specify the same details for mitigation areas as required for areas otherwise protected under this Chapter. The cost and timing of any monetary contribution or offsite acquisitions shall be specified. A management plan shall be required in accordance with Article XX of this Chapter and shall include contingency plans for corrective measures or change if goals are not met.
(f)
Mitigation before alteration. The initial construction, earthwork and planting for mitigation, or payment of fee-in-lieu, shall be completed prior to the permitted alteration of regulated natural resources. However, in special situations where the County determines that this requirement will place an unreasonable scheduling hardship on the applicant, the applicant shall post double the required performance guarantee to ensure that the mitigation project will be completed.
(g)
Management and monitoring. For all mitigation projects, the County shall require management and monitoring for a minimum of two (2) years. This period may be extended as necessary, based on the complexity of the resource or type of mitigation proposed, in order to demonstrate substantial establishment and success of mitigation. In conjunction with a management plan per Article XX of this Chapter, the following shall apply:
(1)
Where plantings are required, success shall be measured by maintenance of at least eighty (80) percent survivorship of all plantings. Semiannual replantings shall be required to maintain required survivorship.
(2)
Non-native or invasive vegetation shall be eliminated or controlled.
(3)
Monitoring reports of the status of the mitigation area shall be submitted to the Environmental Protection Department no less than annually. Indicators appropriate to the resource shall be tracked and evaluated. Such indicators may include water quality chemistry, number of surviving plantings, and any plantings made to maintain required survivorship.
(h)
Performance guarantee. A performance guarantee shall be required in an amount equal to one hundred ten (110) percent of the estimated cost of mitigation, management and monitoring activities, to ensure the adequate monitoring and long-term viability of mitigation activities. The guarantee shall be provided for the duration of the time period required for maintenance and monitoring, but in no case less than two (2) years.
(1)
Execution. The performance guarantee shall be executed by a person with a bonafide legal interest in the parcel. The performance guarantee shall be kept in full force until all obligations are satisfied.
(2)
Form of guarantee. The guarantee shall be:
a.
Cash deposit or certificate of deposit assigned to the County;
b.
Escrow agreement for the benefit of the County and on a County-approved form;
c.
Performance bond issued by a State of Florida registered guarantee company which shall be listed the U.S. Department of Treasury Fiscal Services, Bureau of Government Financial Operations, and on a County-approved form;
d.
Irrevocable letter of credit on a County-approved form; or
e.
Similar security acceptable to the County.
(3)
Certification. Within six (6) months of the completion of the period established for management and monitoring, the applicant shall submit a final report that includes, at a minimum, the following:
a.
Discussion of the projected relative success or failure of the project in mitigating for lost natural resource area value and function;
b.
Analysis of measures undertaken during the project that contributed to success;
c.
Analysis of problems encountered during the project that decreased success;
d.
Recommendations to increase the success of similar, future projects; and
e.
Summary of data collected.
(4)
Failure to mitigate, manage, or monitor. The County may exercise its option on the guarantee in the event that mitigation, management, or monitoring is not in compliance with proposed plan. In the event the County exercises its option on the guarantee, all obligations of the applicant under the mitigation and monitoring plan shall cease.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)
Sec. 406.115. - Corrective action for unauthorized impact to natural resources.
In the event that alteration occurs within a regulated natural resource and associated buffers without first obtaining the appropriate review and approval required by this ULDC, the following corrective actions may be required unless specifically addressed elsewhere in this Chapter:
(a)
The preferred action is for onsite restoration of the resource to as close to preexisting site conditions as possible and with permanent protection of the restored resource and remaining regulated resources where applicable.
(b)
Where onsite restoration is not feasible, one of the following shall be required:
(1)
Purchase and permanent protection of comparable natural resource features, including natural communities, shall be required at a ratio of 2:1 and for repeat offenders between 5:1 and 10:1 acreage of compensation area to impacted area, based on factors including but not limited to: habitat rarity, uniqueness, value, function and quality; and the nature, degree, and extent of unauthorized impact, or
(2)
Payment of an environmental restoration fee calculated as two (2) times (or a minimum of five (5) to a maximum of ten (10) times for repeat offenders) the value of the impacted area based on the gross per acre appraised value of the property. This fee shall be based on the average of two (2) independent appraisals with appraisers selected by the County and paid for by the responsible party. Fees shall be deposited in an environmentally sensitive lands fund for the acquisition, restoration, and management of environmentally sensitive lands.
(c)
Permanent protection instruments as provided in Section 406.103 for onsite and offsite locations shall be utilized to record and provide added protection to regulated resources.
(d)
For multiple violations and/or repeat offenses, additional monetary penalties shall be required pursuant to Section 24.09 of the Alachua County Code.
(e)
The County may enter into consent agreements, assurances, or voluntary compliance documents establishing an agreement with any property owner responsible for noncompliance. Such documents shall include specific action to be taken by the property owner to correct the noncompliance within the time period as specified in the document. Such documents may provide for judicial enforcement.
(Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 13-14, § 2(Exh. A), 8-27-13; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)