10.1.1.

Purpose. The purpose of this section is to further the maintenance of safe and healthful conditions, prevent and control water pollution, protect spawning grounds, fish, aquatic life, bird and other wildlife habitat, control building sites, placement of structures and land uses, and conserve shore cover, visual as well as actual points of access to inland, lake and river areas, especially on flood-prone areas and lake shores unsuitable for development.

10.2.1.

All shoreline development must comply with all applicable federal, state, and municipal regulations, including, but not limited to St. Johns River Water Management District (SJRWMD) the Florida Department of Environmental Protection (FDEP), and the U.S. Army Corps of Engineers (USACOE).

10.2.2.

Permitted Uses. The following uses are permitted if they comply with all applicable federal, state, and municipal laws and regulations, including zoning regulations.

a.

Outdoor conservation and recreational uses such as hunting, fishing, parks, game management, tent camping, and picnic areas;

b.

Piers, docks, and floats for recreational purposes;

c.

Agricultural and forestry uses;

d.

Recreational uses such as public swimming areas, boat launching facilities, clubhouses and similar public or nonprofit organization facilities;

e.

Single and two-family residences and accessory structures subject to the following lot and structure conditions. The minimum setback of living quarters from the normal high water mark shall be 50 feet. As used in this ordinance, the term "high water mark" means the line below which effects of water erosion may be seen and no plants grow except plants that grow only in water.

10.2.3.

Uses permitted as conditional uses.

A.

Structure and other uses related, necessary and accessory to the uses listed above;

B.

Sand, gravel and loam excavation, but not within 100 feet of the high water mark. As used in this reference, the term "high water mark" means the line below which effects of water erosion may be seen and no plants grow except plants that grow only in water;

C.

Commercial campgrounds;

D.

Commercial establishments related and accessory to conservation, outdoor recreational, agricultural and horticultural uses listed above;

E.

Municipal uses;

F.

House of Worship;

G.

Public Utilities;

H.

State government activities.

(Ord. No. 2021-27, § 3, 12-13-2021)

10.3.1.

The Town of Astatula relies on a clean supply of subsurface water to foster and promote human health and welfare and the economic and social development of the Town. The soils, topography, and geology of the Town are such as to lead to potential pollution of the subsurface water supply from pollution in or around sinkholes. Therefore, it is declared to be the policy of the Town to promote, preserve, and enhance the quality of the subsurface water in the Town to protect human health and welfare. These provisions are adopted for the purpose of halting the travel of pollutants to the subsurface water supply through sinkholes.

10.3.2.

No person shall place or cause to be placed any substances or objects, other than those approved by the Town, in any sinkhole.

10.3.3.

Class 1 Sinkholes.

A.

The Town shall take the steps necessary to protect all known Class 1 Sinkholes located in the Town and prescribe corrective and protective measures deemed reasonable and necessary to minimize, and if possible eliminate, the entry of pollutants into subsurface water through such sinkhole. Such corrective and protective measures include, but are not limited to:

1.

Buffer zones covered with grass or other appropriate vegetation;

2.

Installation of diversion methods or structures;

3.

Installation of concrete or plastic liners;

4.

Termination of the activity that creates the pollution hazard;

5.

Removal of substances and objects from the sinkhole. Before prescribing corrective and protective measures with respect to a particular Class 1 Sinkhole, the Town shall meet with the landowner(s) involved and discuss with them the reasons the sinkhole presents a significant subsurface water pollution hazard and the need for corrective and protective measures to minimize, and if possible eliminate, the entry of pollutants into subsurface water through the sinkhole. In prescribing corrective and protective measures, the Town shall consider all relevant factors, including but not limited to, the expense of implementing such measures and the effect that implementing will have upon the use by the landowner(s) of their land. Provided, however, economic hardship alone shall not prevent the prescription of corrective and protective measures. The corrective and protective measures prescribed together with the date by which such measures must be completed shall be set forth in writing and sent to the landowner(s) involved by return receipt mail.

B.

The owner of land upon which a Class 1 Sinkhole is located shall take the corrective and protective measures prescribed by the Town.

C.

The owner of land over through, or under which pollutants travel to a Class 1 Sinkhole that is located on another landowner's land shall take the corrective and protective measures prescribed by the Town.

10.3.4.

Enforcement.

A.

Civil Enforcement.

1.

Any person may submit to the Town a verbal or written complaint alleging a violation of its ordinance or the existence of a Class 1 Sinkhole with respect to which corrective and protective measures have not been prescribed.

2.

Upon receipt of a complaint, the Town shall proceed pursuant to the Town's Code of Ordinances. Based upon a determination that there is a violation of this ordinance, the Town shall conduct an informal reconciliation with the violator. As a part of such informal reconciliation, the Town shall:

a.

Notify the violator by mail of the violation. The notice shall include:

i.

A statement of the violation;

ii.

A statement that the Town may remove from the sinkhole involved the offending substances and objects and that the violator will be obligated to the Town for the reasonable cost of such removal;

iii.

A statement that the Town may take the already prescribed corrective and protective measures and the violator will be obligated to the Town for the reasonable cost of such action; and

iv.

A statement of the desire of the Town to correct the violation and resolve any disputes with the violator through informal reconciliation.

b.

Make a good faith effort to meet with the violator to resolve the correction of the violation.

3.

If after taking the steps above and after a period of 90 days following the mailing of the notice of the violation, the Town in good faith determines that the violator is unwilling to participate in informal reconciliation and take the corrective actions prescribed, the Town shall notify the violator by mail of the termination of the informal reconciliation.

4.

With respect to a violation, 30 days after the mailing of the notice of termination of informal reconciliation, the Town may remove from the sinkhole involved the offending substances and objects and bill the violator for the reasonable cost of such action.

5.

With respect to a violation, 30 days after the mailing of the notice of termination of informal reconciliation, the Town may take the already prescribed corrective and protective measures it deems necessary to minimize, and if possible eliminate the entry of pollutants into subsurface water through the sinkhole, and bill the violator for the reasonable cost of such action.

6.

In an action brought by the Town to enforce the obligation of the violator created by these regulations, the Town shall have the burden of proving by a preponderance of the procedures continued in this ordinance and that there has been a violation of this ordinance; provided, however, with respect to the violation(s), that the defense that the sinkhole was not a Class 1 Sinkhole at the time such measures were prescribed, and/or the defense that the corrective and protective measures prescribed were neither reasonable nor necessary, may only be asserted as affirmative defenses. With respect to such defenses, the violator shall have the burden of going forward and the burden of persuasion. If the violator proves that the sinkhole was not a class 1 Sinkhole, or that the corrective and protective measures were neither reasonable nor necessary, the violator shall not be obligated to the Town.

7.

The exclusive means of obtaining judicial review of any action of the Town pursuant to this ordinance shall be defending an action brought by the Town to enforce the obligation created by these regulations.

10.3.5.

Duties of the Town. In order to carry out the provisions of this ordinance, the Town shall take the following actions upon passing the ordinance:

A.

Send written notice to owners of land containing or situated around sinkholes located in the Town describing:

1.

The significance of the subsurface water pollution;

2.

The role that sinkholes play in subsurface water pollution;

3.

A summary of the content of this ordinance;

4.

The availability of assistance from the Town;

B.

Disseminate information to owners of land on techniques to minimize the amount of pollutants which enter the subsurface water through sinkholes;

C.

Randomly monitor compliance with this ordinance by visits to lands in the Town for the purpose of observing the condition of sinkholes and areas surrounding sinkholes.

10.3.6.

Administration. Except where otherwise specifically indicated, in implementing and enforcing this ordinance, the Town shall act through its Code Enforcement Officer or Committee.

10.4.1.

Intent and purpose. It is the intent and purpose of this Ordinance to implement procedures that promote water conservation through more efficient landscape irrigation.

10.4.2.

Definitions. For the purpose of this article, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural.

(a)

The term "address" means the house number of a physical location of a specific property. This includes rural route numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. The term "even-numbered address" means an address ending in the numbers 0, 2, 4, 6, 8 or the letters A-M. The term "odd-numbered address" means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z.

(b)

The term "council" means the Town Council of Astatula, Florida.

(c)

The term "district" means the St. Johns River Water Management District.

(d)

The term "person" means any person, firm, partnership, association, corporation, company, or organization of any kind.

(e)

The term "landscape irrigation" means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, public, commercial, and industrial establishments, and public medians and rights-of-way. The term "landscape irrigation" does not include agricultural crops, nursery plants, cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation associated with recreational areas such as playgrounds, football, baseball and soccer fields.

(f)

The term "residential landscape irrigation" means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes.

(g)

The term "nonresidential landscape irrigation" means the irrigation of landscape not included within the definition of "residential landscape irrigation," such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way.

10.4.3.

Landscape irrigation schedules.

(1)

When Daylight Savings Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule:

a.

Residential landscape irrigation at odd-numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

b.

Residential landscape irrigation at even-numbered addresses may occur only on Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

c.

Nonresidential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

d.

No more than three-fourths inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs.

(2)

When Eastern Standard Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule:

a.

Residential landscape irrigation at odd-numbered addresses or no address may occur only on Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

b.

Residential landscape irrigation at even-numbered addresses may occur only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

c.

Nonresidential landscape irrigation may occur only on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

d.

No more than three-fourths inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs.

(3)

All landscape irrigation shall be limited in amount to only that necessary to meet landscape needs.

10.4.4.

Exceptions to the landscape irrigation schedules. Landscape irrigation shall be subject to the following irrigation schedule exceptions:

(1)

Irrigation using a micro-spray, micro-jet, drip or bubbler irrigation system is allowed anytime.

(2)

Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment.

(3)

Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides, when required by law, the manufacturer, or best management practices, is allowed at any time of day on any day within 24 hours of application. Watering in of chemicals shall not exceed one-quarter inch of water per application except as otherwise required by law, the manufacturer, or best management practices.

(4)

Irrigation systems may be operated at any time of day on any day for maintenance and repair purposes not to exceed 20 minutes per hour per zone.

(5)

Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day.

(6)

Discharge of water from a water-to-air air-conditioning unit or other water- dependent cooling system is not limited.

(7)

The use of water from a reclaimed water system is allowed anytime. For the purpose of this subsection, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods.

(8)

The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources.

10.4.5.

Additional requirement. Any person who irrigates landscape with an automatic lawn sprinkler system installed after May 1, 1991, shall install, maintain and operate a rain sensor device or switch that overrides the irrigation system when adequate rainfall has occurred.

10.4.6.

Variance from specific day of the week limitations. A variance from the specific landscape irrigation days or day set forth in section 10.4.3 may be granted if strict application of the scheduled days or day would lead to unreasonable or unfair results in particular instances, provided that the applicant demonstrates with particularity that compliance with the scheduled days or day will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant. Where a contiguous property is divided into different zones, a variance may be granted hereunder so that each zone may be irrigated on different days or day than other zones of the property. However, in no event shall a variance allow a single zone to be irrigated more than two days per week during Daylight Savings Time or more than one day per week during Eastern Standard Time.

10.4.7.

Application of ordinance. The provisions of this Ordinance shall apply to each person located within the Town of Astatula.

10.4.8.

Enforcement officials. Law enforcement officials having jurisdiction in the area governed by this Ordinance are hereby authorized to enforce the provisions of this Ordinance. In addition, the Town Council may also delegate enforcement responsibility for this ordinance to departments of the Town government.

10.4.9.

Penalties. Violation of any provision of this Ordinance shall be subject to the following penalties:

First violation: Written Warning.

Second violation: $50.00.

Subsequent violations: Fine not to exceed $500.00.

Each day in violation of this Ordinance shall constitute a separate offense. Enforcement officials shall provide violators with no more than one written warning. In addition to the civil sanctions contained herein, the Town of Astatula may take any other appropriate legal action, including, but not limited to, injunctive action to enforce the provisions of this article.