The purpose of this article is to establish those resources that must be protected from harmful effects of development. A developer should apply the provisions of this article before any other development design work is done. Application of the provisions of this article will divide a proposed development site into areas that may be developed and areas that must generally be left free of development activity. The proposed development should then be designed to fit within the area that may be developed.

(Ord. No. 881, § 18.87, 6-26-2017)

This article incorporates regulations which are designed to protect the following environmentally sensitive areas: Wetlands, groundwater and wellheads, surface waters, wildlife habitat and unique natural areas. Additional regulations contained in this article address mining, hazardous wastes and air pollution and their threat to environmentally sensitive areas.

(Ord. No. 881, § 18.88, 6-26-2017)

(a)

Buffer. A twenty-five (25) foot buffer of native vegetation, subject to site plan approval, shall be required around and along all wetlands. Such buffer shall be measured from the DER wetlands jurisdictional line. The property owner may create a pathway through the buffer for visual or authorized pedestrian access to the wetland provided that the pathway is limited to a five-foot-wide swath.

(b)

Prohibition against use as sediment traps during development and construction. Wetlands shall not be used as sediment traps during development and construction. Sediment traps shall be constructed onsite to prevent escape of sediments to waterbodies.

(Ord. No. 881, § 18.89, 6-26-2017; Ord. No. 946, § 3(Exh. A), 1-9-2023)

(a)

General. The purpose of groundwater protection standards is to safeguard the health, safety and welfare of the citizens of DeFuniak Springs. This is accomplished through ensuring the protection of all sources of water for domestic, agricultural, and industrial use. The availability of adequate and dependable supplies of good quality water is of primary importance to the future of the city. Therefore, standards are described in this section with the intent of protecting both the quantity and quality of the groundwater supply. It is further the intent of this section to control development in and adjacent to designated wellheads to protect water supplies from potential contamination.

(b)

Restrict development in wellfield protection zones.

(1)

Prohibited development zone (radius). All present and future potable water wellfields which supply potable water for public consumption shall incorporate a minimum two-hundred (200) foot prohibited development zone around the perimeter of the well. Existing prohibited development activities located within the two-hundred (200) foot prohibited development zone shall be considered nonconforming uses pursuant to section 18-65 of this Code.

(2)

Prohibited activities. The following activities shall be prohibited within this development zone:

a.

Landfills;

b.

Facilities for the bulk storage, handling or processing of materials on the Florida Substance List (Florida Statute Chapter 442);

c.

Activities that require the storage, use, handling, production or transportation of restricted substances including agricultural chemicals, petroleum or industrial chemicals, hazardous/toxic or medical wastes;

d.

Feedlots or other concentrated animal facilities;

e.

Wastewater treatment plants, percolation ponds, and similar facilities;

f.

Mines; or

g.

Excavation of waterways or drainage facilities which intersect the water table.

(Ord. No. 881, § 18.91, 6-26-2017)

(a)

Require study for FNAI inventoried areas. Areas identified in the Florida Natural Areas Inventory (FNAI) as endangered or threatened species habitats and unique natural areas shall be inventoried prior to development. Such inventory shall consist of both a field survey and management/mitigation plan. The study shall be prepared by an ecologist, biologist or other related professional as a consultant to the city. Such expense shall be borne by the applicant. The plan shall document the presence of affected species, the land needs of the species that may be met on the development site, and shall recommend appropriate habitat management strategies to protect the subject wildlife. Where adverse impacts cannot be avoided through site design or other means, the applicant shall be required to develop a mitigation plan which will allow no net loss of individuals of designated species, in coordination with the Florida Game and Freshwater Fish Commission. The results of the survey as well as mitigation measures, shall be submitted as part of land development permit applications submitted for the project.

(b)

Prohibit development causing loss of viability. Areas containing endangered or threatened species habitat and unique natural areas such as those designated in the Florida Natural Areas Inventory shall not be developed for any use that would cause loss of viability of the community or habitat.

(Ord. No. 881, § 18.92, 6-26-2017)

No mining activities shall be permitted within the corporate limits of the City of DeFuniak Springs.

(Ord. No. 881, § 18.93, 6-26-2017)

(a)

Purpose. The purpose of these provisions is to establish a system for licensing business activities which procedure hazardous waste, and to provide for the collection of fees necessary to pay the expenses of the city of issuing such permits and verifying the management practices of small quantity generators of hazardous waste.

(b)

Registration and permit required. No person shall be a small quantity hazardous waste generator without possessing a current hazardous waste generator's permit.

(c)

Application for and issuance of permits. An application for a hazardous waste generator's permit must be submitted to the city in the form and manner prescribed by the city. The city shall issue the permit upon receipt of a complete application and payment of the applicable fee.

(d)

Term and scope of permit. Subject to the provisions of subsection (c) above, a hazardous waste generator's permit shall be valid for a period of one (1) year. All small quantity generators with the city must apply for and receive a valid hazardous waste generator's permit prior to November 1 of each year. The permit document shall identify the specific activity or facility permitted, the specific location or locations at which such activity or facility is to be conducted or operated, and the person or persons to whom the permit is issued. The permit shall be valid only for the identified activities or facilities conducted or operated at the identified locations by the identified persons and shall only be valid to the next November 1 at which time renewal application shall be made.

(e)

Generation or transportation of hazardous waste without a valid permit. The generation of hazardous waste by any person or persons not holding a valid unrevoked permit for purposes or in positions specified in this Code is unlawful and subject to the following penalty.

(f)

Revocation of permit. The hazardous waste generator's permit may be revoked by the city council upon finding that the identified activities or facilities or the identified location on the application for the permit are substantially different than the actual activities or facilities of the permit holder.

(Ord. No. 881, § 18.94, 6-26-2017)

(a)

Generally. To protect the air quality of the City of DeFuniak Springs, all sources of air pollution shall comply with the rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40) and the FDEP regulations (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air pollution without a valid operation permit issued by FDEP.

(b)

Testing. Air pollution emissions shall be tested and the results reported in accordance with techniques and methods adopted by the FDEP and submitted to the state. These tests shall be carried out under the supervision of the state and at the expense of the person responsible for the source of pollution.

(Ord. No. 881, § 18.95, 6-26-2017)

General. The purpose of this section is to protect the surface water, ground water and other natural resources by ensuring that the stormwater runoff peak discharge rates, volumes and pollutant loadings are managed to minimize the adverse impacts of erosion, sedimentation, flooding, and water pollution.

(1)

Relationship to other stormwater management requirements. In addition to meeting the requirements of the Code, the design and performance of all stormwater management systems shall comply with Florida Administrative Code Chapter 62-346. In all cases, the strictest of the applicable standards shall apply. The city will condition final development orders to restrict the commencement of development activity until all applicable stormwater permits from the FDEP/NWFWMD have been issued.

(2)

Exemptions. Requirements for stormwater discharge set out in this article are waived for the activities below:

a.

Construction of a single-family dwelling unit on a lot or parcel of record provided that the single-family dwelling unit is not part of a larger common plan of development or sale.

b.

Construction of one (1) duplex, provided that the duplex is not part of a larger common plan of development or sale.

c.

Construction of one (1) triplex residential structure provided that the triplex is not part of a larger common plan of development or sale.

d.

Construction of a quadruplex residential structure, provided that the quadruplex is not part of a larger common plan of development or sale.

e.

Construction of any structure outlined in a., b., c., or d. as listed above shall provide the following prior to any permit being issued:

1.

A detailed sketch showing the existing topography and the direction of stormwater runoff.

2.

A detailed sketch showing the proposed topography, the proposed finished floor elevation, and the direction of stormwater runoff post construction.

3.

In no case shall the post development runoff be directed towards a public roadway or adjacent property in a manner in which it is not currently flowing. Best management practices should be implemented to mitigate any negative impacts the new construction may have on the surrounding property both during and after construction. This may include silt fences during construction and ground stabilization afterwards.

f.

Construction of a storage building, shed, swimming pool, or other accessory structure to a., b., c., or d. above.

g.

Performance of maintenance work on existing mosquito control drainage canals for the purpose of public health and welfare.

h.

Performance of maintenance work on existing drainage canals, utilities or transportation systems, provided such maintenance work does not alter the purpose, historical utilization and intent of the drainage system as constructed.

i.

Maintenance to an existing structure.

j.

Bona fide agriculture activity, including forestry, provided farming activities are conducted in accordance with the Natural Resources Conservation Service-USDA "Agriculture BMPs Field Office Technical Guide" latest electronic edition and forestry activities are conducted in accordance with the Florida Division of Forestry "Silvaculture Best Management practices Manual" (latest edition).

(3)

Stormwater management. The following local design criteria shall be used in the City of DeFuniak Springs:

a.

Performance standards.

1.

Discharge. A storm event of twenty-four-hour duration and twenty-five-year return frequency shall be used in computing allowable off-site discharge. Off-site discharge shall be limited to pre-development levels or the first one (1) inch of rainfall, whichever is less, unless an engineering analysis using professionally accepted methodologies demonstrates that a differing discharge rate should be used. In requiring a lesser rate of discharge, the burden of analysis shall be the responsibility of the city. In requesting a larger rate of discharge, the burden of analysis shall be the responsibility of the developer.

2.

Stormwater facilities. All development shall provide stormwater facilities that provide retention, or detention with filtration, of the runoff from the first one (1) inch of rainfall; or as an option for projects with drainage areas less than one hundred (100) acres, provide for the retention, or detention with filtration of the first one-half (½) inch of runoff.

b.

Design standards.

1.

The design standards set forth in Section 62-346, Florida Administrative Code, shall be used in the design and construction of stormwater management facilities.

2.

Dredging, clearing of vegetation, deepening, widening, straightening, stabilizing or otherwise altering natural waters shall be minimized.

3.

Natural surface waters shall not be used as sediment traps during or after development.

4.

A thirty-foot vegetated buffer shall be retained or created along the shores, banks or edges of all man-made or natural surface waters.

(4)

Dedication. If a stormwater management system approved under this article will function as an integral part of the city-maintained system, as determined by the city engineer, the facilities shall be dedicated to the city.

(5)

Maintenance by an acceptable entity. If the stormwater management system is not dedicated to the city, the property owner shall submit:

a.

A written statement describing the actions, including periodic inspections, to be taken to maintain the facility.

b.

Bond or other assurances of continued financial capacity to operate and maintain the facility.

(6)

Drainageways.

a.

No more than fifty (50) percent of such areas shall be developed.

b.

The remaining fifty (50) percent shall remain as permanent open space. Removal of vegetation, or filling may be permitted in these areas provided that:

1.

The time of concentration of stormwater flows remains unchanged or is lengthened;

2.

Stormwater and groundwater storage capacity are unchanged or increased;

3.

Natural vegetation is preserved or native vegetation is installed on the remaining fifty (50) percent described in (4)b. above;

4.

The resultant new or modified drainageway reduces runoff velocity to less than that preexisting or stream bank erosion is reduced by the addition of erosion-control measures.

(Ord. No. 881, § 18.96, 6-26-2017; Ord. No. 955, § 3(Exh. A), 9-25-2023)