(a)

Dock extension. Docks shall not extend into the waterway or lake for a distance greater than 50 feet measured from the water line which may be established by the town council on any lake which is not a meandering lake, and from the government survey line on any meandering lake.

(b)

No boathouse/permanent coverings. In R-1 districts, no boathouses or permanent covering shall be provided over the dock or boat slip which is located beyond the water line of any waterway, which may be established by the town council or by a government survey line on any meandering lake.

(c)

Authority of town council. No permit shall be issued for a boat ramp, dock, slip or boathouse, except by the town council. The applicant shall provide to the building inspector complete plans, specifications and details, at least 30 days prior to the town council meeting at which it is to be considered. The building inspector shall determine if such plans meet all requirements of this section, any state, county or other governmental rules or regulations, and transmit his findings to the town council. The applicant shall post a cash or surety bond, as the town council may determine, to assure that the work proposed will be completed in a manner not inconsistent with the public interest.

(Land Development Code 1995, div. 4.07)

The following soil conservation measures shall apply to all development activities requiring site development plan or subdivision reviews:

(1)

During construction. The developer shall follow standard practices as specified in the Erosion Control Handbook - Florida, published by the U.S. Department of Agriculture, Soil Conservation Service, latest edition, or details specifically approved by the town to prevent the erosion and depositing of soils off the construction site.

(2)

After construction. All disturbed areas shall be mulched, seeded or sodded as required by the town, and shall be maintained as such. The removal or lack of maintenance of vegetation resulting in on-site or off-site erosion or windblown loss of soils shall be deemed a violation of this section.

(Land Development Code 1995, § 4.05.01)

(a)

As a condition for approval of a development permit or development order, or as part of a development agreement established under this chapter, any person, corporation or entity owning property in the town may create a conservation easement.

(b)

Conservation easements shall be subject to the provisions of F.S. § 704.06 and may be used to prevent or prohibit the following activities:

(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 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)

Conservation easements are perpetual, undivided interests in property and may be created or stated in the form of a restriction, easement, covenant, or condition in any deed, will, or other instrument executed by or on behalf of the owner of the property, or in any order of taking. Such easements may be acquired in the same manner as other interests in property are acquired, except by condemnation or by other exercise of the power of eminent domain, and may be assigned to other governmental agencies, charitable organizations, or trusts authorized to acquire such easements.

(d)

Conservation easements shall run with the land and be binding on all subsequent owners of the property. Conservation easements shall entitle the holder to enter the land in a reasonable manner and at reasonable times to ensure compliance with the purposes of such easements.

(e)

All conservation easements shall be recorded and indexed in the public records of the county in the same manner as any other instrument affecting the title to real property.

(Land Development Code 1995, div. 4.06)

(a)

The purpose and intent of this division is to safeguard the health, safety and welfare of the citizens of the town by providing for regulation of the storage, handling, use or production of hazardous substances within zones of protection surrounding potable water supply wells, thereby providing protection of the principal source of water for domestic, agricultural, and industrial use.

(b)

The availability of adequate and dependable supplies of potable quality water is of primary importance to the future of the town. Therefore, standards are described in this division with the intent of protecting both the quantity and quality of the groundwater supply.

(c)

It is further the intent of this division to control development in and adjacent to designated wellheads to protect water supplies from potential contamination.

(Land Development Code 1995, § 4.02.01)

Development regulations provided in this division shall be applicable to designated cones of influence for all municipal public supply wells. Prior to designation of, or in the absence of sufficient information to identify cones of influence, the zone of protection shall consist of a radius of 150 feet around each of the town's public supply potable water walls.

(Land Development Code 1995, § 4.02.02)

Except as otherwise provided, no person shall construct, modify, install or replace a hazardous substance storage system within a protection zone without obtaining a wellfield protection zone permit from the town. Permits shall be obtained and issued in accordance with the following:

(1)

Application procedures and requirements.

a.

Where a wellfield protection permit is required, the information and exhibits in subsections (1)b.1 through 8 of this section shall be provided with the preliminary subdivision plan, site development plan or other development proposal for concurrent review.

b.

An applicant for a wellfield protection zone permit shall submit three copies of the following documents and information to the development director:

1.

Name, address, and phone number of the property owner, operator, and/or agent.

2.

Signature of agent or owner.

3.

Legal description of the property, including the tax parcel number.

4.

A survey or scale drawing of the property, if required by the development director, identifying existing structures, adjacent streets, water bodies and all potable water supply wells located within 1,000 feet of the proposed hazardous substance storage area.

5.

A description of the proposed activity at the proposed location.

6.

Construction plans and specifications for the hazardous substance storage system, including, but not limited to, details of tanks, conveyance and pumping systems, secondary containment, leak detection, overfill protection and access, prepared by a professional engineer licensed by the state.

7.

A list of all known hazardous substances that may be utilized, generated and/or stored at the described property.

8.

Other information that the development director may reasonably require.

c.

Upon receipt, the development director shall review the application, and make a recommendation to the town council for approval, approval with conditions, or denial.

d.

If the applicant fails to provide all necessary information within 60 days, the development director shall deny the permit.

(2)

Standards for review. The town council shall determine whether the proposed development shall be approved under the provisions of this division. In making this decision, the town council shall consider the cumulative impacts of the proposed development on the zone of protection in combination with other developments which have been permitted or constructed within said zone.

(3)

Conditions for issuance of permits. Commencement of construction of a facility under a wellfield protection permit shall be deemed acceptance of any and all conditions specified by the town council in granting the permit. Conditions applying to all permits are as follows:

a.

No hazardous substance storage, handling or use may be commenced unless the owner or operator demonstrates that the system has been constructed in conformity with the permit.

b.

The permit applicant shall indemnify and hold the town harmless from any and all claims, liabilities, causes of action, or damages arising out of the issuance of the permit.

(Land Development Code 1995, § 4.02.03)

(a)

Zone of protection. Unless otherwise provided in this division, new nonresidential use, handling, production or storage of hazardous substances shall be prohibited within the wellfield protection zone. Any such existing prior to adoption of this chapter shall require a wellfield protection permit as provided in this division, and shall be subject to the containment standards of agencies with jurisdiction.

(b)

Existing activity. Any person with existing nonresidential activity shall have a period of one year from the adoption of this division to apply for a permit without a fee. Thereafter, said person shall be subject to the fee schedule adopted in connection with this chapter.

(c)

Exemptions. The following activities or uses are exempt from the zone of protection:

(1)

The transportation of any hazardous substance through the zone of protection.

(2)

Agricultural uses, except that said uses shall comply with the Florida Pesticide Law (F.S. § 487.011 et seq.) and F.A.C. chs. 5E-2 and 5E-9.

(3)

The use of any hazardous substance solely as fuel in a vehicle fuel tank or as lubricant in a vehicle.

(4)

Fire, police, emergency medical services, governmental emergency management center facilities, and public utilities.

(5)

Retail sales establishments that store and handle hazardous substances for resale in their original unopened containers.

(6)

Office uses, except for the storage, handling or use of hazardous substances.

(7)

Repairing or maintaining any facility or improvement on lands within the zone of protection.

(8)

Storage tanks which are constructed and operated in accordance with the storage tanks regulations as set forth in F.A.C. chs. 62-761 or 62-762.

(9)

Geotechnical borings.

(10)

Residential activities.

(d)

Containment standards. Primary and secondary levels of containment shall be required for all new and previously existing hazardous materials storage systems, except those exempted under and those which are the object of modified requirements under this division. Containment standards shall apply to all areas of use, production, and handling; to all storage areas; and to aboveground and underground storage areas.

(1)

Primary containment. All primary containment shall be product-tight.

(2)

Secondary containment. All secondary containment shall:

a.

Be constructed of materials of sufficient thickness, density, and composition so as not to be structurally weakened as a result of contact with the discharged hazardous substances;

b.

Have leakproof trays under containers, floor curbing or other containment systems to provide secondary liquid containment;

c.

Be of adequate size to handle 111 percent of the total volume of the containers in order to contain all spills, leaks, overflows, and precipitation until appropriate action can be taken;

d.

Be constructed of materials of sufficient strength to preclude loss of any hazardous substances to the external environment; and

e.

Be sheltered so that the intrusion of precipitation is inhibited.

(e)

Monitoring capacity. All storage systems to which these regulations apply shall be designed with the capability of visually detecting that a hazardous substance stored in primary containment has entered secondary containment. Nonvisual techniques may be approved by the town council where such techniques are proven to be reliable.

(f)

Miscellaneous requirements.

(1)

Devices or materials to absorb or contain the hazardous substances shall be available in sufficient supply so as to control and collect the total quantity of hazardous substances on the site. To the degree feasible, emergency containers shall be present and of such capacity as to hold the total quantity of hazardous substances plus absorbent material.

(2)

Procedures shall be established by the applicant for periodic in-house inspection and maintenance of containment and emergency equipment. Such procedures shall be provided to the development director in writing. A checklist and schedule of regular maintenance shall be established and a log shall be kept of inspections, findings, and records shall be kept available for inspection by the development director.

(Land Development Code 1995, § 4.02.04)

Any person affected by this division may petition the town council for modification from the prohibitions and monitoring requirements of this division, provided that the person demonstrates that special or unusual circumstances and adequate technology exists to isolate the facility or activity from the potable water supply in the event of a spill.

(Land Development Code 1995, § 4.02.05)

(a)

Modification or repair. Any modification or repair of a storage system, other than minor repairs or emergency repairs, shall be in accordance with plans to be submitted to the development director and approved prior to the initiation of such work.

(b)

Emergency repairs. A facility owner or operator may make emergency repairs to a storage system in advance of seeking an approval whenever an immediate repair is required to prevent or contain an unauthorized discharge or to protect the integrity of the containment.

(c)

Replacement. Replacement of any existing storage system for hazardous substances must be in accordance with the new installation standards.

(Land Development Code 1995, § 4.02.06)

(a)

Temporarily out of service. Storage systems which are temporarily out of service, and are intended to be returned to use, shall continue to be monitored and inspected. Any storage system which is not being monitored and inspected in accordance with this division shall be closed or removed in a manner approved by the development director.

(b)

Closure or upgrade of facilities.

(1)

Hazardous substance storage systems.

a.

Upon closure of a hazardous substance storage system for any reason, the facility owner or operator shall file an application with the development director of intention to close the storage system. Said application shall be processed as provided in this division. By signing the wellfield protection permit application, the owner is held responsible to adhere to the closure procedures outlined in this division.

b.

An application to close a hazardous substance storage facility shall include the following: A schedule of events to complete the closure of this activity which does or did store, handle, use, or produce hazardous substances. As a minimum, the owner/applicant shall address the following:

1.

Disposition of all hazardous substances and contaminated containers.

2.

Cleanup of the activity and environs to preclude leaching of hazardous substances into the aquifer.

3.

Certification by the development director that disposal and cleanup have been completed in an acceptable manner. Certification may be waived if the applicant provides evidence to the development director that all of the following conditions apply to the subject land use facility or activity:

(i)

The entire operation is maintained inside the building tank, sewer main, or floor drain.

(ii)

The method of removing operating waste is not a septic tank, sewer main, or floor drain.

(iii)

There is no evidence of spills permeating floors or the environs.

(iv)

There are no outstanding or past notices of violation from any regulatory agency concerned with hazardous, industrial or special waste.

(v)

There is no evidence of past contamination in the public drinking water wells associated with a facility located in the zone of protection.

(vi)

The applicant shall provide a sworn statement that disposal and cleanup have been completed in a manner acceptable to the development director. The development director shall inspect the facility to determine whether or not the requirements of this subsection (b)(1)b.3 have been met.

(2)

Abandoned systems. Whenever an abandoned storage system is located, a plan for the closing or removing or upgrading and permitting of such storage system shall be filed by the owner of the property at a reasonable time as determined by the development director; provided, however, such reasonable time for filing shall be not more than six months.

(Land Development Code 1995, § 4.02.07)

Determinations of the development director may be appealed in writing within 30 days of said determination to the town council by the applicant. The town council may uphold, modify or reverse the determination of the development director.

(Land Development Code 1995, § 4.02.08)

The town may, at its option, adopt a fee schedule by resolution to provide for the funding for the administration of this division.

(Land Development Code 1995, § 4.02.09)

The town council has determined that wetlands contiguous to waters of the state, and noncontiguous and isolated wetlands serve important functions in the hydrologic cycle and ecological system and therefore require protection. It is the purpose and intent of this division to provide for the protection, maintenance, and enhancement of wetlands within the town in accordance with the adopted comprehensive plan, recognizing the rights of individual property owners to use their lands in a reasonable manner as well as the rights of all citizens to protection and purity of the waters of the town and their associated wetland ecosystems. It is further the purpose and intent of this division to ensure that there is no net loss of wetlands as defined in this chapter.

(Land Development Code 1995, § 4.03.01)

Activities or development types which are exempted from this division include:

(1)

Nonmechanical clearing of vegetation from an area of less than ten percent of the protected zone.

(2)

Minor maintenance or emergency repair to existing structures of improved areas.

(3)

Cleared walking trails having no structural components.

(4)

Timber catwalks and docks four feet or less in width.

(5)

Utility crossings.

(6)

Maintenance of drainage systems, including routine dredge and fill activities in ditches, retention and detention areas, public road and other rights-of-way.

(7)

Bona fide mosquito control activities.

(8)

Development in wetlands one-half acre or smaller; provided, however, that if the entire wetland exceeds this threshold for exemption whether on one or more lots, then the entire wetland is regulated as otherwise provided in this division.

(9)

Activities within artificial wetlands are created as part of a manmade wastewater treatment system.

(10)

Activities approved by federal, state, or regional agency prior to May 31, 1995.

(Land Development Code 1995, § 4.03.05)

In addition to meeting the wetlands protection requirements set forth in this division, development plans shall comply with applicable federal, state and water management district regulations. In all cases, the strictest of the applicable standards shall apply.

(Land Development Code 1995, § 4.03.02)

Two zones of protection for wetlands are hereby established. The protection zones shall be known as the "wetland protection" and "wetland transitional" zones.

(1)

Wetland protection zone. There is hereby created a wetland protection zone in which special restrictions on development apply. The boundaries of this zone shall be the most landward extent of the following:

a.

Areas within the dredge and fill jurisdiction of the Department of Environmental Protection (FDEP) as authorized by F.S. ch. 403.

b.

Areas within the jurisdiction of the U.S. Army Corps of Engineers as authorized by section 404, Clean Water Act or section 10, River and Harbor Act.

c.

Areas within the jurisdiction of the Southwest Florida Water Management District pursuant to F.A.C. ch. 40D-4.

d.

Development requiring a permit or permits from one or more of the U.S. Army Corps of Engineers, FDEP, and the Southwest Florida Water Management District (SWFWMD), shall have the most restrictive agency wetlands boundary determination recognized by the town as the wetlands boundary. The term most restrictive is used here to mean the boundary covering the largest area.

e.

In circumstances where the natural boundary of wetland vegetation is unclear, the line of demarcation may be approximated at a surveyed elevation measured at a location in the same wetland where the natural line is clear.

f.

In the event an undeveloped area has been recently cleared of all vegetation, the wetland boundary may be determined by a study of the soils, aerial mapping, photography, hydrology, and other relevant historical information.

(2)

Wetland transitional zone. There is hereby created a wetland transitional zone adjacent to each wetland protection zone. The transitional zone is an area having a direct ground or surface water influence and functions as a buffer between wetlands and development. The purpose of the transitional zone is to minimize the adverse effects of development upon the wetland itself. This zone shall encompass all land within 200 feet of the boundary of the wetland protection zone unless the applicant is able to demonstrate to the town council's satisfaction that the functions of the wetland can be protected with a smaller transitional zone. In no case, however, shall a transitional zone of less than 30 feet be approved.

(Land Development Code 1995, § 4.03.03)

Except as provided in this division, no person shall remove, fill, drain, dredge, clear, destroy or alter any wetland as defined in this chapter without first submitting a wetland management plan to the development director and obtaining from the town council a wetland alteration permit. This permit may be issued concurrently with any other land development permits issued by the town.

(Land Development Code 1995, § 4.03.04)

(a)

Wetland protection zone.

(1)

Except as otherwise provided in this division, it is presumed that development will have an adverse effect on wetlands. No activities other than the ones set forth in subsection (a)(2) of this section shall be undertaken in a wetland protection zone.

(2)

Activities permitted in wetland protection zones. The following activities and development types generally may be undertaken unless the town council determines in a specific case that a listed activity or development type would have a significant adverse impact on the wetland protection zone:

a.

Scenic, historic, wildlife, or scientific preserves.

b.

Minor maintenance or emergency repair to existing structures or improved areas.

c.

Cleared walking trails of four feet or less in width and having no structural components.

d.

Timber catwalks and docks four feet or less in width.

e.

Commercial or recreational fishing or hunting, and creation and maintenance of temporary blinds.

f.

Cultivating agricultural or horticultural products that occur naturally on the site.

g.

Constructing fences where no fill activity is required and where navigational access will not be impaired by construction of the fence.

h.

Developing an area that no longer functions as a wetland, except a former wetland that has been filled or altered in violation of any federal, state, or local rule, regulations, or statute. This condition shall be certified by the state department of environmental protection (FDEP) or other appropriate agency.

i.

Developing a "wetlands stormwater discharge facility" in accordance with state permits received under F.A.C. ch. 62-25.

j.

Water dependent activities which cannot feasibly be located outside the wetland protection zone. The following are permittable water dependent activities:

1.

Projects not exceeding 10,000 cubic yards of material placed in or removed from watercourses, water bodies or wetland.

2.

Installation of channel markers, signs, and fences.

3.

Installation of underwater utility lines or facilities, including water, wastewater, electricity, communication cables, oil or gas. Lines may be entrenched in (not exceeding 10,000 cubic yards of dredging), laid on, or embedded in bottom waters.

4.

Construction of foot bridges and vehicular bridges.

5.

Replacement or widening of bridges on pilings or trestles where the effects of pollutants discharged into open waters are minimized.

(b)

Wetland transitional zone.

(1)

Development potential. All development in a wetland transitional zone shall be designed, constructed and maintained to avoid significant adverse effects on the adjacent wetland area. Where a development site lies partly within the wetland protection zone and partly within the wetland transitional zone, the acreage within a wetland protection zone may be used to determine the total allowable units or square footage of development that will be allowed on a site. This development potential shall be transferred from the wetland protection zone to the wetland transitional zone.

(2)

Special standards. The following standards shall apply within wetland transitional zones:

a.

Natural vegetative buffer areas shall be retained between all development and all wetland protection zones, where such buffer areas exist. The minimum width of the buffer shall be 30 feet, or as the town council determines to be appropriate. No structure shall be located in such areas. Impervious surfaces shall be limited to roads or walking trails providing access to a body of water. Where a natural buffer area does not exist, an equivalent buffer shall be created.

b.

The developer shall completely restore any portion of a wetland protection zone damaged as a result of construction activity in the wetland transitional zone.

c.

The town council may require other reasonable protective measures to be undertaken within the wetland transitional zone as necessary to prevent significant adverse effects on a wetland protection zone. Protective measures may include, but are not limited to:

1.

Maintaining natural drainage patterns.

2.

Limiting the removal of vegetation.

3.

Minimizing the amount of fill used in the development activity.

4.

Prohibiting or limiting the use of septic tanks.

(Land Development Code 1995, § 4.03.06)

(a)

The town council may require mitigation of adverse impacts on wetlands as a condition of development approval if it finds that such impacts are unavoidable. In such cases, action will be taken during or after development to reduce or counteract damage to wetland areas. A mitigation plan approved by a federal, state, or regional agency shall be acceptable to the town. Mitigation shall not contribute to the production of mosquito larval habitat or by eliminating habitat for predatory fish.

(b)

The mitigation plan may include, but is not limited to, the following actions:

(1)

Repairing, rehabilitating, or restoring the wetland area.

(2)

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the development.

(3)

Compensating for the impact through enhancement of existing wetlands, reestablishment of wetlands which are no longer functioning, or the creation of new wetlands.

(4)

Specific design requirements, to be determined by the town council based upon conditions of the site and the type of wetland to be created or restored.

(5)

Periodic monitoring to remove exotic or nuisance vegetation.

(6)

Preserving or creating an upland habitat as an adjacent transitional zone on mitigated sites.

(c)

A developer of a compensatory mitigation plan shall grant a conservation easement in accordance with F.S. § 704.06 and this division on the newly purchased, created, enhanced or restored environmentally sensitive lands to protect them from future development. A legal mechanism other than a conservation easement may be considered, if appropriate, to carry out the purpose of this section.

(Land Development Code 1995, § 4.03.07)

The following standards apply to post-development activities taking place within any wetland protection zone or wetland transitional zone:

(1)

Clearing. Without an amendment to the development order, no person shall clear more vegetation than was permitted for the original development.

(2)

Handling and storage of fuel, hazardous and toxic substances and wastes developments. The place where fuel or toxic substances will be stored, transferred, or sold shall employ the best available facilities and procedures for the prevention, containment, recovery, and mitigation of spillage of fuel and toxic substances. Facilities and procedures shall be designed to prevent substances from entering the water or soil, and employ adequate means for prompt and effective cleanup of spills that do occur.

(3)

Fertilizers, herbicides, or pesticides. Fertilizer, herbicides, or pesticides shall not be applied in a wetland protection zone except for projects conducted under the authority of the Surface Water Improvement and Management Act (F.S. § 373.451 et seq.) and governmentally authorized mosquito control programs.

(Land Development Code 1995, § 4.03.08)

It is the purpose of this division to maintain water quality and reduce nutrient loading in the town's lakes. In order to achieve this, the standards in this division restrict the amount of clearing or removal of shoreline vegetation and require additional stormwater treatment.

(Land Development Code 1995, § 4.04.01)

In addition to meeting the requirements of this division, developments shall comply with applicable federal, state and water management district regulations. In all cases, the strictest of standards shall apply.

(Land Development Code 1995, § 4.04.02)

Two zones of protection for lakes are hereby established. The protection zones shall be known as the "primary shoreline protection zone" and the "secondary shoreline protection zone."

(1)

Primary shoreline protection zone. The primary shoreline protection zone extends from the water's edge to a point 50 feet landward of the Ordinary High Water Line (OHWL).

(2)

Secondary shoreline protection zone. The secondary shoreline protection zone extends 150 feet landward from the outer edge of the primary protection zone.

(Land Development Code 1995, § 4.04.03)

Except through the following provisions, no development shall be undertaken within a primary shoreline protection zone:

(1)

Permitted activities and development types.

a.

Emergency repairs on existing facilities where such repairs are necessary for the preservation of life, health, or property and are taken to accomplish the purpose of this division.

b.

Activities connected with maintenance of a structural stormwater or drainage control system, where such activities do not constitute major construction or rebuilding.

c.

Lawn mowing, trimming of vegetation, and other lawn maintenance activities will not result in the clearance of shoreline vegetation.

d.

Maintenance of lakefront property whose shoreline has previously been cleared, provided that the clearing has been continuously maintained. However, if shoreline vegetation has been allowed to reestablish itself, a permit must be obtained to clear it.

e.

Activities carried out by government agencies.

f.

Nonmechanical clearing of vegetation from an area of less than ten percent of the primary shoreline protection zone from water's edge to the landward extent of the primary shoreline protections zone.

g.

Minor maintenance or emergency repair of existing structures in improved areas.

h.

Clearing of shoreline vegetation from water's edge to the landward edge of the primary shoreline protection zone, to create a walking trail having no structural components, not to exceed four feet in width.

i.

Timber catwalks, docks, and trail bridges that are less than or equal to four feet wide, provided that no filling, flooding, dredging, draining, ditching, tilling or excavating is done, except limited filling and excavating necessary for the installation of pilings.

j.

Utility crossings.

k.

Bona fide mosquito control activities.

l.

Scenic, historic, wildlife, or scientific preserves.

m.

Commercial or recreational fishing, hunting or trapping, and creation and maintenance of temporary blinds.

n.

Constructing fences where no fill activity is required.

o.

Developing a "Wetlands Storm Water Discharge Facility" or "Treatment Wetland" in accordance with state permits received under F.A.C. chs. 62-25 and 62-611.

p.

All docks, piers and boat houses developed in conformance with applicable requirements of this chapter.

q.

Water dependent activities which cannot feasibly be located outside the primary shoreline protection zone. The following are permittable water dependent activities:

1.

Marinas and other projects not exceeding 10,000 cubic yards of material placed in or removed from watercourses, water bodies or wetlands.

2.

Installation of channel markers, signs, and fences.

3.

Installation of underwater utility lines or facilities, including water, wastewater, electricity, communication cables, oil or gas. Lines may be entrenched in (not exceeding 10,000 cubic yards of dredging), laid on, or embedded in bottom waters.

4.

Construction of foot bridges and vehicular bridges.

5.

Replacement or widening of bridges on pilings or trestles where the effects of pollutants discharged into open waters are minimized.

r.

The water dependent activity shall be designed, constructed, and maintained so as to minimize adverse impacts on the shoreline protection zone. Marinas and other appropriate developments shall post the following signs where they are readily visible to all users of the development:

1.

Regulations pertaining to handling and disposal of waste, sewage, or toxic materials.

2.

Regulations prohibiting the use of vessel toilets unless these toilets are self-contained or have approved treatment device.

3.

Regulations prohibiting the disposal of fish cleaning wastes or unused bait in or near the development.

s.

Marinas shall include boat launch facilities unless the applicant can demonstrate that providing such facilities is not feasible, or it is determined by the town that the ramp would be excessively damaging to the aquatic environment.

(2)

Clearing of shoreline areas.

a.

A permit shall not be required for clearing less than 25 feet of shoreline.

b.

The development director shall grant a permit only if the applicant demonstrates that the planned clearing:

1.

Meets erosion control requirements of section 16-490.

2.

Will utilize alternative vegetation to ensure that the nutrient level in the lake is not raised by the removal of existing vegetation.

3.

Will not otherwise violate the intent and purpose of this division.

c.

All mechanically cleared or trimmed vegetation shall be removed from the lake and shoreline within 24 hours of cutting.

(Land Development Code 1995, § 5.04.04)

All development in a secondary shoreline protection zone shall be designed, constructed and maintained to avoid adverse effects on the primary shoreline protection zone and in accordance with the following requirements:

(1)

All development shall be set back at least 50 feet from the landward boundary of the primary shoreline protection zone.

(2)

Impervious surfaces, including buildings, walkways and other paved areas, shall be limited to 40 percent of the land area of the entire site.

(3)

The development shall retain a minimum of 25 percent of the natural vegetation on the site.

(4)

Point source and nonpoint source discharges into any lake are prohibited, except for stormwater.

(5)

If no natural vegetation exists, strips of buffer vegetation shall be planted between development activities and the primary shoreline protection zone. Buffers shall be a minimum of ten feet wide and shall be composed of native plant species or other plants permitted for landscaping purposes.

(6)

The developer shall completely restore any portion of a primary shoreline protection zone damaged during construction.

(7)

The town council may require other reasonable protective measures to be undertaken within the secondary shoreline protection zone as necessary to prevent significant adverse effects on the primary shoreline protection zone. Protective measures may include, but are not limited to:

a.

Maintaining natural drainage patterns.

b.

Limiting the removal of vegetation to the minimum necessary to carry out the development activity.

c.

Expeditiously replanting denuded areas.

d.

Minimizing the amount of fill used in the development activity.

e.

Disposing of dredged spoil at specified locations in a manner causing minimal environmental damage.

f.

Constructing channels at the minimum depth and width necessary to achieve their intended purposes, and designing them to prevent slumping and erosion and allow revegetation of banks.

g.

Designing, locating, constructing and maintaining all development in a manner that minimizes environmental damage.

(Land Development Code 1995, § 4.04.05)

(a)

The town council may require mitigation of adverse impacts on shorelines as a condition of development approval if it finds that such impacts are unavoidable. In such cases, action will be taken during or after development to reduce or counteract damage to shoreline areas. A mitigation plan approved by a federal, state, or regional agency shall be acceptable to the town. Mitigation shall not contribute to the production of mosquitoes by creating mosquito larval habitat or by eliminating habitat for predatory fish. The mitigation plan may include, but is not limited to, the following actions:

(1)

Minimizing impacts by limiting the degree or magnitude of the action or its implementation.

(2)

Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.

(3)

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.

(4)

Compensating for the impact by replacing or providing substitute resources or environments through creation of new shoreline, enhancement of existing lakes or reestablishment of shoreline vegetation in the littoral zone.

(b)

A developer of a compensatory mitigation plan shall grant a conservation easement in accordance with F.S. § 704.06 and this chapter on the area which is the object of the mitigation plan. A legal mechanism other than a conservation easement may be considered, if appropriate, to carry out the purpose of this subsection.

(Land Development Code 1995, § 4.04.06)

The following standards apply to post-development activities taking place within any primary or secondary shoreline protection zone:

(1)

Clearing. Without an amendment to the development order, no person shall clear more vegetation than permitted for the original development.

(2)

Handling and storage of fuel, hazardous and toxic substances, and wastes development. The place where fuel or toxic substances will be stored, transferred, or sold shall employ the best available facilities and procedures for the prevention, containment, recovery, and mitigation of spillage of fuel and toxic substances. Facilities and procedures shall be designed to prevent substances from entering the water or soil and employ adequate means for prompt and effective cleanup of spills that do occur.

(3)

Fertilizers, herbicides, or pesticides. Fertilizers, herbicides, or pesticides shall not be applied in a primary shoreline protection zone except for projects conducted under the authority of the Surface Water Improvement and Management Act (F.S. § 373.451 et seq.) and governmentally authorized mosquito control programs.

(Land Development Code 1995, § 4.04.07)

The Town of Lake Hamilton adopts the "Cross Connection Control Program Plan," document (the plan) as adopted by Resolution 2016-06 on July 5, 2016, which may be updated and amended from time to time. Compliance with the plan and the cross connection regulations contained therein is hereby required of all customers of the Town of Lake Hamilton Water System; in order to, protect the public water supply from contamination due to backflow through their water service connections. The town may require customers, at their expense, to install, alter, replace, or repair any plumbing connected to the public water system that may pose a threat to public health, and to install and maintain assemblies, devices and/or other prescribed methods to protect all existing cross connections to the public water system. The owner shall be responsible for the elimination of all unprotected cross connections.

(Ord. No. 2017-04, § 1, 4-4-2017)

The public works director is hereby authorized and directed to discontinue potable water service to any property, wherein any connection is in violation of section 16-595, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public potable water supply system. Water services to such property shall not be restored until the actual or potential cross connection has been eliminated or until an appropriate backflow prevention device has been installed in compliance with the provisions of the plan. Failure to comply with this article may result in termination of service.

(Ord. No. 2017-04, § 2, 4-4-2017)

Section 16-595 does not supersede the Standard Plumbing Code of the Southern Building Code Congress International, the Florida State Department of Health Plumbing Rules, or any local plumbing ordinance, but is supplementary to them; provided that where conflicts exist, the more restrictive provision shall apply.

(Ord. No. 2017-04, § 3, 4-4-2017)

Any person or customer found guilty of violating any of the provisions of section 16-595 or any written order of the town in pursuance thereof, shall be punishable in accordance with section 16-596. In addition, such person or customer shall pay all costs and expenses involved in the case to include attorney's fees. Notice of such violation shall be given by delivering the same to the premises and a copy thereof mailed to the billing address as it appears on the Town of Lake Hamilton billing records. Any person or customer in violation of any of the provisions of section 16-595 shall become liable to the Town of Lake Hamilton for any expense, loss, or damage incurred by the Town of Lake Hamilton by reason of such violation to include attorney's fees. In addition to any penalty provided by law for the violation of any of the provisions of section 16-595, the town may bring suit in the appropriate court of jurisdiction to enjoin, restrain, or otherwise prevent the violation of any of the provisions of this article.

(Ord. No. 2017-04, § 4, 4-4-2017)

No provisions of this article designating the duties of any Town of Lake Hamilton officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty for failure to perform such duty.

(Ord. No. 2017-04, § 5, 4-4-2017)

All territory within the Town of Lake Hamilton and all territory in those areas outside the corporate limits of the town served by the Town of Lake Hamilton Public Water System, shall be governed by this article to the extent permitted by law.

(Ord. No. 2017-04, § 6, 4-4-2017)

It is the intent and purpose of this section to implement uniform procedures that promote water conservation through more efficient landscapes and irrigation systems and methods and the installation of more efficient plumbing fixtures and appliances.

(Ord. No. O-20-04, 6-2-2020)

For the purposes of this section, the following words, and terms shall have the meaning given herein:

Automatic irrigation system means an irrigation system designed to operate following a preset program entered into an automatic controller (Mulberry Ordinance).

Automatic controller means a mechanical or electrical device capable of automated operation of valve stations to set the time, duration and frequency of a water application (Florida Department of Environmental Protection [DEP] Model Ordinance)

Distribution equipment means the water emitters on irrigation systems, including but not limited to sprinklers, rotors, spray heads and micro-irrigation devices (Mulberry Ordinance).

ENERGY STAR® means a joint program of the U.S. Environmental Protection Agency and the U.S. Department of Energy, with the purpose of reducing energy costs and protecting the environment, through every- and water-efficient products and practices.

Florida Water Star means a certification program for new residential and commercial construction that is intended to include indoor and outdoor water-efficient options and prevent leaks.

Florida Water Star Inspector means a person that verifies Florida Water Star program criteria in accordance with program documents. Inspectors demonstrate sufficient knowledge to verify appropriate subcategories (irrigation, landscape and plumbing). Inspectors are permitted to use construction documents, affidavits, and field verification during the verification period. See Florida Water Star certification program process web page at FloridaWaterStar.com (Florida Water Star).

Florida Water Star Irrigation and Landscape Accredited Professional (AP) means a landscape or irrigation professional who has successfully passed the Florida Water Star AP exam and is in good standing with the program (Florida Water Star).

Head-to-head spacing means spacing of sprinkler heads so that each sprinkler throws water to the adjacent sprinkler (Irrigation Association [IA] Glossary).

High-volume irrigation means an irrigation system with a minimum flow rate per emitter of more than 30 gallons per hour (gph) or higher than 0.5 gallons per minute (gpm). High-volume is usually measured as gpm (Florida Water Star).

Irrigation professional means any person installing or maintaining an irrigation system in the Town of Lake Hamilton for payment.

Irrigation design professional means an irrigation design professional shall include state-licensed plumbers operating within the limits of the Florida Building Code, professional engineers or landscape architects licensed by the State of Florida, Florida Water Star Irrigation and Landscape Accredit Professionals and irrigation designers certified by the Irrigation Association or the Florida Irrigation Society.

Irrigation system means a set of components that may include the water source, water distribution network, control components, and other general irrigation equipment which has been installed to provide irrigation (Florida Water Star).

Landscaped area means the entire parcel less the building footprint, driveways, hardscapes, decks and patios, and nonporous areas (DEP Model Ordinance).

Licensed Irrigation Professional means an irrigation specialty contractor who obtains the irrigation specialty license from The Florida Construction Industry Licensing Board and maintains continuing education requirements.

Low-volume irrigation means any emitter or sprinkler that applies less than 30 gallons per hour (gph) or 0.5 gallons per minute (gpm) (Florida Water Star).

Matched precipitation. Expressed in inches per hour, precipitation rate is the rate at which sprinklers apply water. Matched precipitation usually implies that all the sprinklers in a particular zone apply similar amounts of water to a given area (Florida Water Star).

Micro-irrigation means the application of small quantities of water directly on or below the soil surface or plant root zone, usually as discrete drops, tiny streams, or miniature sprays through emitters placed along the water delivery pipes (laterals). Micro-irrigation encompasses a number of methods or concepts, including drip, subsurface, micro-bubbler, and micro-spray irrigation, previously known as trickle irrigation, low volume or low-flow irrigation (Appendix F, Florida Building Code).

Rotor means a sprinkler that rotates and specifically, a gear-driven sprinkler. Often delivers a thin stream of water in a circular pattern over a longer distance with a precipitation rate from 0.1 inches per hour to 1.5 inches per hour (Florida Water Star).

Side-strip sprinkler means a sprinkler nozzle that sprays a long, but narrow pattern.

Spray head means a sprinkler head with a fixed orifice that does not rotate (Florida Water Star).

Substantial modification means any modification to an existing irrigation system such that 50 percent or more of the irrigation system (by area) is replaced or altered.

Temporary establishment irrigation means the temporary use of irrigation for the establishment of new vegetation that shall be removed once the plants are established or within two years, whichever occurs first.

WaterSense® means a program sponsored by the U.S. Environmental Protection Agency to promote the use of water-efficient products and services (Florida Water Star).

(Ord. No. O-20-04, 6-2-2020)

(a)

Contractors obtaining Town of Lake Hamilton Building Permits, for all new residential, commercial and institutional construction, no more than 60 days after the effective date of this section, shall incorporate WaterSense plumbing fixtures (faucets, showerheads and toilets) and ENERGY STAR appliances (clothes washer and dishwasher) into said construction. All new construction shall incorporate WaterSense plumbing fixtures and ENERGY STAR appliances prior to issuance of certificate of occupancy.

(b)

In appliances where WaterSense plumbing fixtures and ENERGY STAR appliances are not available, a written request for an exception must be submitted and approved by the town. For exception to be approved, a best alternative water and/or energy conservative fixture and/or appliance must be identified in the submittal.

(Ord. No. O-20-04, 6-2-2020)

Florida Water Star is a water conservation certification program for new and existing homes and commercial developments that meet specific water-efficiency criteria for indoor fixtures and appliances, landscape design and irrigation systems. Residential and commercial properties obtaining the Florida Water Star Certification will exceed conservation requirements imposed by this Section.

Upon receipt of certification from the Florida Water Star program that a residential or commercial property has obtained the Florida Water Star Certification, the town will not require the submission of the letter of certification of the design for an irrigation system, or the letter of completion certifying compliance with design for an irrigation system.

(Ord. No. O-20-04, 6-2-2020)

(a)

Applicability. Irrigation system design and installation standards shall apply to the following:

(1)

All new residential, commercial, and institutional construction where a new landscape irrigation system is required.

(2)

Where significant rehabilitation (50 percent or greater) of an existing landscape irrigation system will be conducted.

(b)

General.

(1)

Nothing within this section shall require the installation of an irrigation system. Requirements for installing irrigation systems are specified in other locations within the Land Development Code.

(2)

All irrigation systems shall be designed by an irrigation design professional consistent with the irrigation systems standards and as set forth in this section.

(3)

Where Florida Water Star Certification will not be obtained, a "Letter of Certification of the Design for an Irrigation System" signed by the contracted irrigation installation/design professional certifying the design is consistent with the requirements of this Section shall be required to obtain a building or irrigation permit before issuance of said permit.

(4)

Florida Water Star Certification or a "Letter of Completion Certifying Compliance with Design for Irrigation System" signed by the contracted irrigation installation/design professional or Florida Water Star inspector consistent with the design shall be required before issuance of a certificate of occupancy.

(5)

All irrigation systems must be properly installed and maintained and must operate technology such as rain and/or soil moisture sensors that inhibit or interrupt operation of the irrigation systems during periods of sufficient moisture.

(6)

Compliance with this section shall not exempt an individual from any other local, state or federal requirements.

(c)

System design and installation standards. Irrigation system design and installation shall be consistent with the irrigation system standards and the following requirements:

(1)

The maximum total irrigated area on residential lots, regardless of lot size, shall not exceed 0.5 acres. This provision does not apply to temporary irrigation such as portable hoses and sprinklers.

(2)

High-volume irrigation area shall not exceed 60 percent of the landscaped area. This standard is applicable on residential lots over ⅛ acre and commercial lots over ⅛ acre. This standard applies to common areas and open space in developments. This standard excludes vegetable gardens and fruit or nut trees on individual lots or community gardens.

(3)

Narrow areas, four feet wide or less, shall not be irrigated unless correctly installed low-volume irrigation or correctly installed side-strip irrigation are used.

(4)

High-volume irrigation shall not be used for trees, shrubs, or groundcover beds. Permanent micro-irrigation may be used in these areas. The town encourages the use of temporary establishment irrigation.

(5)

Irrigation zones shall be divided according to vegetated groupings (e.g., turfgrass, shrubs, native plants, trees) and the water requirements of the plants. Turf grass and landscaped beds, such as trees, shrubs, and groundcover beds, shall not be irrigated in the same zone as each other.

(6)

Sprinkler head types, such as spray heads and rotors, shall not be mixed in the same zone.

(7)

Distribution equipment in each zone shall have matched precipitation rates.

(8)

Rotors and spray sprinkler heads in turfgrass areas shall be spaced to provide head-to-head coverage.

(9)

A minimum separation of four inches shall be required between distribution equipment and pavement.

(10)

A minimum separation of 24 inches shall be required between distribution equipment and buildings and other vertical structures, except fences.

(11)

Technology that inhibits or interrupts operation of the irrigation system during periods of sufficient moisture shall be required on all irrigation systems to avoid irrigation during periods of sufficient rainfall. Examples of such devices include soil moisture sensors, weather stations, and rainfall shut off devices. The technology shall override the irrigation cycle when adequate rainfall has occurred. Technology that depends on rainfall for bypassing irrigation shall be placed where it is exposed to unobstructed natural rainfall and in compliance with F.S. § 373.62, as amended.

(12)

Permanent irrigation systems shall be equipped with an automatic control system to provide the following minimum capabilities.

a.

Ability to be programmed in minutes, by day of week, season, and time of day;

b.

Ability to accommodate multiple start times and programs;

c.

Automatic shut off after adequate rainfall;

d.

Ability to maintain time during power outages; and

e.

Operational flexibility to meet applicable year-round water conservation requirements.

(13)

Sprinklers in low-lying areas have check valves to prevent head drainage.

(14)

Irrigation system equipment shall be installed in accordance with manufacturer's specifications.

(15)

No direct spray shall be allowed onto walkways, buildings, roadways, drives and impervious surfaces.

(16)

Pipelines shall be designed to provide the system with the appropriate pressure required for maximum irrigation uniformity.

(17)

All sprinkler heads with spray nozzles (non-rotary) shall be pressure- regulated at the head or zone valve.

(18)

All irrigation system underground piping shall have minimum soil cover of six inches.

(19)

Sprinklers shall rise above turfgrass height: a minimum of six-inch pop-up for sprays and four-inch pop-up for rotors for St. Augustine, Zoysia and Bahia grasses; a minimum of a four-inch pop-up for sprays and rotors for Centipede, Bermuda and Seashore Paspalum grasses.

(Ord. No. O-20-04, 6-2-2020)

(a)

An irrigation professional responsible for installing or substantially modifying an irrigation system shall provide the property owner with a maintenance checklist affixed to or near the controller and accompanied by a recommended maintenance schedule, proper irrigation system settings according to season, recommendations for checking technology that inhibits or interrupts operation of the system during periods of sufficient moisture, filter cleaning recommendations, if applicable, and information on the current water restrictions.

(b)

A property owner shall ensure that irrigation systems on their property are inspected at least annually for leaks, overspray, maladjusted heads, and heads that may be capped due to changes in the landscape, such as maturity or changes in plants. Technology that inhibits or interrupts operation of the system during periods of sufficient moisture may need to be replaced every few years and shall be correctly functioning to be in compliance with this article. Irrigation systems with known leaks shall not be operated until the leaks are repaired, except for testing purposes.

(c)

Within 60 calendar days after landscape installation, the property owner shall ensure that the irrigation controller is adjusted to operate according to normal, established landscape conditions or irrigation restrictions, if the irrigation system is installed as part of newly established landscaping.

(Ord. No. O-20-04, 6-2-2020)

The following are exempted from the provisions of this article, but should follow the Florida Department of Environmental Protection's applicable "Florida-Friendly Best Management Practices for the Protection of Water Resources by the Green Industries":

(1)

Bona fide agricultural activities;

(2)

Vegetable gardens and fruit and nut trees;

(3)

Athletic fields;

(4)

Golf course play areas;

(5)

Cemeteries;

(6)

Nurseries; and

(7)

Temporary establishment irrigation.

(Ord. No. O-20-04, 6-2-2020)

(a)

An applicant may submit a proposal that varies from the strict application of the requirements of this section (also known as "alternative compliance") in order to accommodate unique site features or characteristics, utilize innovative design, prevent extraordinary hardship, or to promote the overriding public interest or general public welfare. Diminished value of property or inconvenience is not an extraordinary hardship.

(b)

An applicant seeking authorization for alternative compliance shall have the burden of demonstrating to the town the reasons why the strict application of the requirements of this section should not apply.

(c)

Requests for alternative compliance shall be submitted as part of the irrigation system approval process.

(d)

The town may approve an alternative compliance plan upon finding that the alternative compliance plan fulfills the purpose and intent of this section at least as well as a plan that strictly adheres to the requirements of this section.

(e)

The town may require a site inspection and corresponding site inspection fee for systems which are installed according to a department-approved alternative compliance plan.

(Ord. No. O-20-04, 6-2-2020)

Violation of any provision of this article shall be subject to penalties as provided for by this Code or by local law and compliance with this article may be enforced by any remedy available to the town at law or equity.

(Ord. No. O-20-04, 6-2-2020)