It is the purpose of this division to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1)

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or water velocities;

(2)

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3)

Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;

(4)

Control filling, grading, dredging and other development which may increase erosion of flood damage; and

(5)

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

(Ord. No. 04-27, § V(8.1), 5-10-04)

(a)

General standards. In all areas of special flood hazard, the following provisions are required:

(1)

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;

(2)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;

(3)

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

(4)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into such systems;

(5)

All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from such systems into flood waters;

(6)

All on-site waste disposal systems, including septic tanks and drainfields, pump stations, or treatment works, shall be located and constructed to avoid impairment to them or contamination from them during flooding; and

(7)

Any alteration, repair, reconstruction or improvements to a structure which is in compliance with the provisions of this article shall meet the requirements of "new construction" as contained in this article.

(8)

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(b)

Specific standards. In all areas of special flood hazard where base flood elevation data has been provided, as set forth in this chapter, the following provisions are required.

(1)

Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated no lower than one and one-half (1½) feet above base flood elevation or one-half (0.5) foot above the highest elevation of street(s) serving the structure site (normally the crown of pavement, not inverted), whichever is greater unless natural grades make this impossible, then a drainage plan for all lots below street grades.

(2)

Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated no lower than one and one-half (1½) feet above the level of the base flood elevation or one-half (1½) foot above the highest elevation of the street(s) serving the structure site (normally the crown of pavement, not inverted), or, together with attendant utility and sanitary facilities, be flood proofed so that all areas of the structure below the required elevation are watertight and have walls substantially impermeable to the passage of water and have structural components with the capability of resisting hydrostatic and hydrodynamic loads and effect of buoyancy. A registered professional engineer or registered architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the building official as set forth in this chapter.

(3)

Elevated buildings. New or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation or other exterior walls below the base flood elevation shall be designed and constructed so as to preclude finished living space and to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.

a.

Designs for complying with this requirement must either be certified by a registered professional engineer or a registered architect, or meet the following minimum criteria:

1.

Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding;

2.

The bottom of all openings shall be no higher than one (1) foot above grade; and

3.

Openings may be equipped with screens, louvers, flap gates or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.

b.

Electrical, plumbing, and other utility connections are prohibited below the base flood elevation;

c.

Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and

d.

The interior portion of such enclosed area shall not be partitioned or finished into a separate room or rooms.

(4)

Manufactured homes.

a.

No manufactured home shall be placed in a floodway.

b.

All manufactured homes to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is no lower than one and one-half (1½) feet above base flood elevation or one-half (1½) foot above the highest elevation of street(s) serving the structure site (normally the crown of pavement, not inverted), whichever is greater.

c.

All manufactured homes shall be secured to adequately anchored foundations or other ground anchoring systems to resist flotation, collapse, overturning or lateral movement by providing over-the-top and frame (or chassis) ties to such anchorages. Specific requirements are that:

1.

Over-the-top ties shall be provided at each end of the manufactured home, with an additional over-the-top tie per long side at an intermediate location on such homes of less than fifty (50) feet in length, and one (1) or more additional ties per long side for such homes of fifty (50) feet or longer;

2.

Frame ties shall be provided at each corner of the manufactured home with four (4) additional ties (one (1) per side) at intermediate points for such homes less than fifty (50) feet and one (1) or more additional ties per long side for such homes of fifty (50) feet or longer;

3.

All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds each; and

4.

Any additions to the manufactured home shall be similarly anchored.

d.

Adequate surface drainage and access for a hauler shall be provided.

(5)

Floodways. Located within areas of special flood hazard and are areas designated as floodways. Since a floodway could become an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and have erosion potential, the following provisions shall apply:

a.

Encroachments, including fill, new construction, substantial improvements and other developments shall be prohibited in any floodway unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge;

b.

If the floodway is designated, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of the Code.

(6)

Standards for streams without established base flood elevations and/or floodways. Located within the areas of special flood hazard established in this chapter, where small streams exist, but where no base flood data has been provided or where no floodways have been provided, the following provisions apply:

a.

No encroachments, including fill material or structures, shall be located within a distance of the stream bank equal to two (2) times the width of the stream at the top of bank or twenty (20) feet on each side from top of bank, whichever is greater, unless certification by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

b.

New construction or substantial improvements of structures shall be elevated or flood proofed in accordance with elevations established in accordance with this chapter.

(7)

Standards for subdivision proposals.

a.

All subdivision proposals shall be consistent with the need to minimize flood damage;

b.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

c.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

d.

Base flood elevation data shall be provided for all subdivision proposals and other proposed development;

e.

In addition to any other requirements established for development proposals and subdivision plats, all preliminary or final plans therefore submitted for approval to the city, must delineate:

1.

All areas that are designated as being within any special flood hazard area;

2.

The regulatory flood elevation at all affected areas on the plat;

3.

The finished elevation for all streets and lots platted;

4.

All areas for which on-site waste disposal systems utilizing soil absorption methods, e.g., septic tank drain fields, will not properly function due to high ground water elevation, frequent flooding, or inappropriate soils;

5.

All existing and proposed drainage facilities.

f.

The city, shall examine all plats and development plans for compliance with this article and all other pertinent regulations and may either approve or reject the plat or approve the plans with modifications.

(8)

Standards for areas of shallow flooding (AO zones). Located within the areas of special flood hazard established in section 25-776 5(b) are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply:

a.

All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to one and one-half (1½) feet above the depth number specified on the flood insurance rate map. If no depth number is specified, the lowest floor, including basement, shall be elevated, at least two (2) feet above the highest adjacent grade, or one-half (1½) foot above the highest elevation of street(s) serving the size (normally the crown of pavement, not inverted), whichever is greater.

b.

All new construction and substantial improvements of nonresidential structures shall:

1.

Have the lowest floor, including basement, elevated to one and one-half (1½) feet above the depth number specified on the flood insurance rate map. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest elevation of street(s) serving the site (normally crown of pavement, not inverted), whichever is greater; or

2.

Together with attendant utility and sanitary facilities be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(Ord. No. 04-27, § V(8.2), 5-10-04)

The purpose of this division is to preserve and protect the wetlands within the city, in acknowledgement of the important natural function of wetlands in flood control, water quality, and wildlife preservation.

Wetlands shall be defined as lands which area identified by being inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The definition includes all contiguous and non-contiguous or isolated wetlands to waters, water bodies, and watercourses. Wetlands include, but are not limited to, swamp hammocks, hardwood hybrid hammocks, riverine cypress, cypress ponds, bayheads, bogs, wet prairies, and freshwater marshes.

Dominant wetland vegetation shall be determined as provided in Rule 17-3.022, Florida Administrative Code. 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. 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 historical information as appropriate.

(Ord. No. 04-27, § V(8.3), 5-10-04)

Application for a wetlands alteration permit shall meet the following wetlands protection criteria of Part II, Sections 10.7.1 through 10.7.5 of the "Applicant's Handbook Management and Storage of Surface Waters" of the St. Johns River Water Management District.

(Ord. No. 04-27, § V(8.4), 5-10-04)

Buffer zones shall be established upland of the landward extent of the wetland jurisdictional line as determined by the St. Johns River Water Management District criteria.

The buffer may coincide with a portion of the required setback on a developable lot, however, no building or structure shall be permitted within five (5) feet of the buffer boundary.

(Ord. No. 04-27, § V(8.5), 5-10-04)

Activities which are exempt from the requirements of this division include:

(1)

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

(2)

Timber catwalks and docks four (4) feet or less in width.

(3)

Recreational fishing or hunting, and creation and maintenance of temporary blinds.

(4)

Selective cutting or hand-removal of non-native problematic vegetation including cattails (Typha spp.), primrose willow (Ludwigia spp.), wild taro (Colocasia esculenta), giant reed (Phragmites spp.), paragrass (Panicum purpurascens), punk tree (Malaeuca quinquenervial), and pepper tree (schinus terebinthifolius).

(5)

Clearing of native vegetation shall be prohibited within the buffer zone established in section 26-5 of this chapter except as permitted by the St. Johns River Water Management District or other applicable federal, state, or regional agency.

(6)

Stormwater structures limited to outfall structures such that the installation of the structures does not adversely affect the function of the wetland.

(7)

Cleared walking trails four (4) feet or less in width and having no structural components or impervious surface.

(8)

Utility crossings.

(9)

Maintenance, together with incidental dredge and fill activities in ditches, retention and detention areas, public road and other rights-of-way, and other related drainage systems.

(10)

Bonafide mosquito control activities.

(11)

Activities within artificial wetlands which are created as part of a man-made treatment system.

(12)

Constructing fences where no fill is required and where navigational access will not be hindered.

(13)

On-site structures shall be limited to, at a minimum, one (1) dwelling unit per ten (10) wetland acres.

(Ord. No. 04-27, § V(8.6), 5-10-04)

The intent and purpose of this division is to protect and safeguard the health, safety, and welfare of the citizens of Leesburg, Florida, by providing criteria for restricting deleterious substances and contaminants, and for regulating the design, location, and operation of development, land use activities which may impair existing and future public water supply wells. The provisions of the division shall apply to all public wells supplying potable water by public utilities. Public supply well shall be defined as a community or non-community system for the provision to the public of piped water provided that such system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year.

(Ord. No. 04-27, § V(8.7), 5-10-04)

(a)

Any nonresidential land use which stores, handles, produces, or uses any regulated substances, as defined in (1) Chapter 38F-41, Florida Administrative Code; (2) Title 40, Code of Federal Regulations, Part 261, "Identification and Listing of Hazardous Wastes"; (3) Title 40, Code of Federal Regulations, Part 302.4, "List of Hazardous Substances and Reportable Quantities"; (4) Title 40, Code of Federal Regulations, Part 355, Appendix A and B, "List of Extremely Hazardous Substances"; and (5) Title 49, Code of Federal Regulations, Parts 172.101 and 172.102 is prohibited within regulated areas unless exempt pursuant to this code.

(b)

The following uses or structures are also prohibited within regulated areas:

(1)

The location of septic systems within two hundred (200) feet of a public water supply well, unless otherwise approved by the Florida Department of Environmental Regulation (DER) or the Florida Department of Health and Rehabilitative Services (HRS).

(2)

The location of stormwater wet retention/detention areas, as defined by the St. Johns River Water Management District (SJRWMD), within three hundred (300) feet of a public water supply well, unless otherwise approved by the SJRWMD;

(3)

The location of wastewater treatment plant effluent discharges, including but not limited to, percolation ponds, surface water discharge, spray irrigation, or drainfields, within five hundred (500) feet of a public water supply well, unless otherwise approved by DER;

(4)

The location of a landfill and/or collection center within five hundred (500) feet of a public water supply well;

(5)

The location of feed lots or other concentrated animal facilities within five hundred (500) feet of a public water supply well;

(6)

The location of underground or above ground stationary tanks containing regulated substances, including fuel storage tanks, within five hundred (500) feet of a public water supply well; and

(7)

The location of mining and/or excavation of waterways or drainage facilities which intersect the water table within one thousand (1,000) feet of a public water supply well, unless otherwise approved by the SJRWMD.

(Ord. No. 04-27, § V(8.8), 5-10-04)

The prohibitions and restrictions set forth in this division, and any regulations promulgated pursuant thereto shall apply to any future public water supply well sites adopted by the city commission by ordinance, provided, however, that the restrictions shall not apply to residential or nonresidential land uses that have received development approval prior to July 1, 2004.

(Ord. No. 04-27, § V(8.9), 5-10-04)

(a)

The following activities or land uses shall be exempt from the regulated area prohibition set forth in this section.

(1)

Exemption for public potable water facilities. Public potable water facilities shall be exempt regarding the routine operation and maintenance of potable water systems. This exemption does not apply to land uses involving the maintenance and refueling of vehicles or the storage of regulated substances.

(2)

Exemption for continuous transit and deliveries. The transportation of any regulated substance through regulated areas, provided the regulated substances are not being stored, handled, produced, or used within the regulated area in violation of this division, and the delivery of regulated substances to nonresidential land uses that have received final development approval prior to July 1, 2004, provided that these land uses require such substances for the continued operation and maintenance of the land uses as approved.

(3)

Exemption for vehicular fuel and lubricant use. The use in a vehicle of any regulated substance, solely as operating fuel in that vehicle or as lubricant in that vehicle.

(4)

Exemption for application of pesticides, herbicides, fungicides, and rodenticides. The application of those regulated substances used as pesticides, herbicides, fungicides, and rodenticides in recreation, agriculture, pest control, and aquatic weed control activities provided that:

a.

In all regulated areas the application is in strict conformity with the use requirement as set forth in the U.S. Environmental Protection Agency (EPA) registries for substances and as indicated on the containers in which the substances are sold; and

b.

In all regulated areas the application is in strict conformity with the requirements as set forth in Chapters 5E-2 and 5E-9, Florida Administrative Code. This exemption applies only to the application of pesticides, herbicides, fungicides, and rodenticides.

(5)

Exemption for the use of fertilizers containing any form of nitrogen. The use of fertilizers containing any form of nitrogen provided that:

a.

For nonresidential recreation areas, including private golf courses, the application of nitrogen containing materials shall be in accordance with manufacturer's directions or recommendations of the Lake County agricultural extension agent, provided, however, the amount of fertilizer applied shall not exceed forty (40) pounds of nitrogen per acre per month average for the total area or two (2) pounds per thousand (1,000) square feet per month on any localized area within the activity. Notwithstanding, the amount of applied fertilizer shall not exceed two hundred (200) pounds of nitrogen per acre per year.

b.

For agricultural areas, the application of nitrogen containing materials shall be in accordance with manufacturer's direction or recommendations of the Lake County agricultural extension agent.

c.

For nonresidential landscape areas, the application of nitrogen-containing materials shall be in accordance with manufacturer's directions or the recommendations of the Lake County agricultural extension agent or on areas of ten thousand (10,000) square feet or less.

(6)

Exemptions for existing retail sale and wholesale activities. Retail sale and wholesale establishments in regulated areas provided that such establishments only store and handle regulated substances for resale in their original unopened containers.

(7)

Exemptions for office uses. Regulated substances for the maintenance and cleaning of office buildings and regulated substances associated with office equipment such as copiers or blueprint machines shall not be allowed on-site in quantities greater than the quantities exempted.

(8)

Exemptions for approved nonresidential activities. The following nonresidential activities are exempted:

a.

Nonresidential land uses existing as of the effective date of this division which have received final site plan, subdivision, or similar development approval and building permits.

b.

Nonresidential land uses existing as of July 1, 2004 which have received occupational licenses, or similar forms of annual development approval and which do not require site plan, subdivision, or similar development approval and building permits shall be exempt. For the purposes of this exemption, renewal of annual development approval shall also be exempt, provided, however, that there are not expansions, modifications, or alterations that would increase the storage, handling, production, or use of the regulated substance.

c.

Only those nonresidential land uses which store, handle, produce, or use the following quantities or regulated substances shall be exempt from the regulated prohibition.

1.

Whenever the aggregate sum of all quantities of any one (1) regulated substance for any one (1) nonresidential activity at a given facility/building or property at any one (1) time does not exceed six (6) gallons where said substance is a liquid, or twenty-five (25) pounds where said substance is a solid.

2.

Whenever the aggregate sum of all regulated substances for any one (1) nonresidential activity at one (1) facility/building or property at any one (1) time does not exceed one hundred (100) gallons if said substances are liquids, or five hundred (500) pounds if said substances are solids, and the aggregate sum of all quantities of any one (1) regulated substance does not exceed the reference limits in section 25-742 b. Any facility or building which stores, handles, produces, or uses more than one hundred (100) pounds of liquid regulated substances or five hundred (500) pounds of solid regulated substance shall be designed to prevent contamination of wellfields in case of accidents, ruptures, or leaks.

3.

Where regulated substances are dissolved in or mixed with other non-regulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this division. The actual quantity of the regulated substance present shall be the total quantity of the original unopened container(s) regardless of concentration or purity.

(Ord. No. 04-27, § V(8.10), 5-10-04)

The purpose of this section is to restrict activities known to adversely affect the quality of surface and ground water within the city. It is the intent of this section to prohibit large quantity generators of hazardous wastes within the high or prime recharge areas.

(Ord. No. 04-27, § V(8.11), 5-10-04)

High or prime groundwater recharges areas shall be those areas designated by the St. Johns River Water Management District pursuant to Section 373.0395, F.S.

(Ord. No. 04-27, § V(8.12), 5-10-04)

Large quantity generators of hazardous waste as designated by the U.S. Environmental Protection Agency (EPA) and the Florida Department of Environmental Regulation (DER) shall be prohibited within areas designated at high or prime recharge areas.

(Ord. No. 04-27, § V(8.13), 5-10-04)

All new development involving the handling, generation, or storage of hazardous wastes shall meet the following standards for permitting approval:

(1)

Environmental Protection Agency, 40 CFR Parts 260, 261, 262, 263, 270, and 271, dated March 24, 1986, as amended.

(2)

Florida Department of Environmental Regulation, including the submittal of the approved state permits, relating to Rule 17-730, F.A.C., "Hazardous Waste"; Rule 17-761, F.A.C., "Underground Storage Tank Systems"; and Rule 17-762, F.A.C., "Above Ground Storage Tank Systems".

(Ord. No. 04-27, § V(8.14), 5-10-04)