The purpose of this article is to implement the resource protection requirements of the town's comprehensive plan. This article is intended to establish those resources or areas of a development site that must be protected from harmful affects of development. A developer should apply the provisions of this article to a proposed development site 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 areas that may be developed. The town shall coordinate with the state department of environmental protection, St. Johns River water management district, state game and fresh water fish commission, Withlacoochee regional planning district, the county and Alachua County during the review process of proposed developments to ensure adequate protection of the natural resources.

(Ord. No. 94-112, exh. A(5.01), 1-18-1994)

5.02.01.

Purpose and intent. It is the purpose and intent of this section to provide for the protection, maintenance, and enhancement of wetlands within the town in accordance with the adopted town comprehensive plan.

5.02.02.

Applicability. The requirements of this section shall apply to all wetlands identified in figure 2-6 of the future land use element of the town comprehensive plan and/or under the jurisdiction of:

a.

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

b.

The state department of environmental protection as authorized by F.S. ch. 403.

c.

The St. Johns River water management district pursuant to F.A.C. ch. 40C-4.

The most restrictive agency wetland boundary determination shall be recognized by the town as the wetlands boundary. The term "restrictive" means the boundary covering the largest area.

5.02.03.

Exemptions. Activities which are exempted from this section include:

a.

All activity exempt from regulation by the state department of environmental protection under F.S. ch. 403, and F.A.C. ch. 62-1 et seq.;

b.

All activity exempt from regulation by the U. S. Army Corps of Engineers as authorized by section 404, Clean Water Act or section 10, Rivers and Harbors Act;

c.

All activity exempt from regulation by the St. Johns River water management district pursuant to F.A.C. ch. 40C-4; and

d.

Any emergency activity which is immediately necessary for the protection and preservation of life or property or for the protection or preservation of a natural resource. Such emergency activities include, for example:

1.

Search and rescue operations; and

2.

Preventive and remedial activities related to large-scale contamination of streams or other bodies of water, floods, hurricanes and other storms, and public health concerns.

Within five days after the commencement of such emergency involving the undertaking of any activity which otherwise would be treated as a regulated activity under this section, the person chiefly responsible for undertaking such emergency activity shall send a written statement to the administrative official setting forth the pertinent facts regarding such emergency, including an explanation of the life, property or resource such activity was designed to protect or preserve.

5.02.04.

Wetland protection requirements. No disturbance of wetlands covered by this section shall be permitted, unless authorized by the state department of environmental protection, the U. S. Army Corps of Engineers, and the St. Johns River water management district. In addition, all development shall comply with the following requirements:

a.

Wetlands shall remain unaltered and shall be included in conservation buffers as described in conservation policy 10.1.6.3 of the town's comprehensive plan.

b.

Stormwater runoff rates and quantities shall not be increased or have significant impacts on the existing surface water flow patterns or existing natural drainageways in the wetlands.

c.

Buildings shall be setback a minimum of 75 feet.

d.

Septic tanks and drain fields shall be setback a minimum of 200 feet.

e.

Impervious areas shall be setback a minimum of 50 feet.

f.

Drainage retention areas shall be setback a minimum of 25 feet.

g.

Stormwater runoff discharged into designated wetlands shall comply with the state water quality standards and St. Johns River water management district regulations.

h.

Stormwater runoff shall not adversely impact adjacent lands, natural drainage facilities, wetlands and surface waters.

(Ord. No. 94-112, exh. A(5.02), 1-18-1994)

5.03.01.

Purpose and intent. In order to maintain surface water quality and reduce nutrient loading in lakes and creeks, this section is enacted as a measure to protect the public health and welfare by restricting the amount of clearing or removal of shoreline vegetation, by requiring that new structures be setback a reasonable distance from surface waters, requiring retention of vegetated shorelines and by requiring additional stormwater treatment.

5.03.02.

Applicability. The regulations set forth in this section, shall apply to all lakes and creeks within or adjacent to the incorporated town limits.

5.03.03.

Surface water protection. All development within 100 feet of the ordinary high water line (OHWL) of Lake Orange and creeks shall comply with the following requirements:

a.

Existing vegetated upland buffers shall be preserved or restored to provide for sheet flow of surface runoff, and shall be a minimum of 30 feet in width.

b.

Where there is no existing vegetated upland buffers to be preserved or restored, new development shall establish a 20-foot buffer of native vegetation adjacent to the protected lake or creek.

c.

Stormwater runoff from agricultural activities shall comply with the requirements of F.A.C. 62-302.500 and the best management practices (BMP's) contained in A Manual of Best Management Practices for Agricultural Activities published by the state department of environmental protection.

d.

Proof of compliance with the requirements of F.A.C. ch. 4OC-40, and F.A.C. 62-302.500 shall be required of all development covered by this subsection prior to issuance of a final development order.

5.03.04.

Development within the required buffers.

a.

Exemptions. Except as expressly provided herein, no development activity shall be undertaken within buffers required by this section. The following activities are exempt from this subsection:

1.

Emergency repairs on public or private projects necessary for the preservation of life, health, or property where taken to implement and accomplish the beneficial purposes of this section under such circumstances where it would be impractical to obtain approval from the planning department prior to making such emergency repairs.

2.

Maintenance of public or privately owned portions of a structural stormwater or drainage control system which does not constitute major construction or rebuilding.

3.

State department of environmental protection approved maintenance activity.

4.

A property owner whose shoreline has previously been cleared and the clearing is continuously maintained. However, if shoreline vegetation is allowed to be reestablished, a permit must be obtained to clear it.

5.

Activities undertaken by federal, state, regional and local agencies of government.

6.

Nonmechanical clearing of vegetation from an area of less than ten percent of the area between the OHWL and a point landward 25 feet.

7.

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

8.

Clearing of shoreline vegetation from the OHWL to a point landward 25 feet, to create a walking trail having no structural components, not to exceed four feet in width.

9.

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

10.

Utility crossings.

11.

Bona fide mosquito control activities.

12.

Scenic, historic, wildlife, or scientific preserves.

13.

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

14.

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

b.

Limitations on clearing. A property owner who desires to clear up to 25 feet of shoreline must provide proof of receipt of a state department of environmental protection permit authorizing such vegetation removal.

c.

Water dependant activities.

1.

Generally. Water dependent activities that are otherwise prohibited may be allowed if the developer demonstrates that the public interest is served by showing:

(a)

A demonstrated public need for the proposed water dependent activity;

(b)

The public benefits of the activity substantially outweigh the adverse environmental effects on a shoreline of a lake or river; and

(c)

No practicable alternative to placement in the surface water protection zone exists.

2.

Permittable water dependent activities. The following are permittable water dependent activities:

(a)

Projects not exceeding 10,000 cubic yards of material placed in or removed from within the shoreline protection zone.

(b).

Dockage or marinas, where dock length does not exceed 25 percent of the width of the water body and containing less than one slip per 100 feet of shoreline.

(c)

Installation of buoys, aids to navigation, signs, and fences.

(d)

Performance of maintenance dredging for ten-years from the date of the original permit. Thereafter, performance of maintenance dredging so long as less than 10,000 cubic yards of material is removed.

(e)

Installation of subaqueous transmission and distribution lines for water, wastewater, electricity, communication cables, oil, gas or other public utilities. Lines may be entrenched in, not exceeding 10,000 cubic yards of dredging, laid on, or embedded in bottom waters.

3.

Minimization of impacts. The water dependent activity shall be designed, constructed, maintained and undertaken in a way that minimizes the adverse impacts on the beneficial functions of the affected shoreline protection zone.

4.

Design standards for water dependent activities.

(a)

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 while moored, unless these toilets are self-contained or have an approved treatment device.

(3)

Regulations prohibiting the disposal of fish or shellfish cleaning wastes, scrap-fish, viscera, or unused bait in or near the development.

(4)

Appropriate messages relating to local economical concerns, e.g., manatee protection.

(b)

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

(c)

Marinas shall have adequate restroom facilities in compliance with the local health board regulations.

(d)

Adequate garbage receptacles shall be provided and maintained by the marina operator at several locations convenient to users.

(e)

Any dredging shall be conducted at times of minimum biological activity to avoid fish migration and spawning, and other cycles and activities of wildlife.

(f)

If dredging changes the littoral drift processes and causes adjacent shores to erode, the developer shall periodically replenish these shores with the appropriate quantity and quality of aggregate in accordance with appropriate permits obtained from federal, state or regional levels of government.

(g)

Where wet moorage is offered for boats which have holding facilities for sewage, or where other recreational vehicles are allowed to stay overnight, then pump-out, holding, or treatment facilities shall be provided by the developer for sewage and other wastes, including bilge, contained on vessels and vehicles. The facilities shall be conveniently available to all vessels and vehicles.

(Ord. No. 94-112, exh. A(5.03), 1-18-1994)

5.04.01.

Purpose and intent. It is the purpose of this section to provide standards necessary to protect endangered and threatened animal and plant species through the preservation of wildlife habitat of species of animals, flora and fauna, identified in the town inventory of areas supporting endangered or threatened plants or wildlife species.

5.04.02.

Applicability. The requirements of this section shall apply to all areas within 1,000 feet of nesting eagles and all areas identified in the town inventory of areas supporting endangered or threatened plants or wildlife species which has been produced in conformance with the requirements of objective in section 10.1.7 of the town's comprehensive plan.

5.04.03.

Exemptions. Inventories and management plans are not required for properties and any development project of less than ten acres in land area and for projects involving less than two acres of impervious area.

5.04.04.

Development application requirements.

a.

Inventory. An inventory shall accompany all preliminary development order applications where FLUCCS codes for the property indicate a possible presence of a town listed species, except as set forth in subsection 5.04.03 of this section. The inventory shall be prepared by using the inventory method of diminishing quarters set forth in a document entitled "Town of McIntosh Listed Species Inventory Method" which is on file in the town planning office. Such inventory shall include town listed species presence, sightings, signs, tracks, trails, rests, evidence of feeding, etc., population estimates, and occupied habitat boundaries. A map and narrative shall describe the methodology as applied and the findings. The mapped information shall be at the same scale as the development application and an aerial map at a scale of one inch less than or equal to 400 feet.

b.

Management plan. A management plan meeting the requirements of subsection 5.04.05 of this section may be submitted with any preliminary development order application as provided in subsection 5.04.05 of this section. However, except as set forth in subsection 5.04.03 of this section, a management plan meeting the requirements of subsection 5.04.05 of this section shall be required for all final development order applications, if listed species are found on the property.

5.04.05.

Habitat management plan.

a.

Required. A habitat management plan shall be prepared as a prerequisite to the approval of any development, rezoning, preliminary plat approval or site plan approval, not otherwise exempt from this section pursuant to subsection 5.04.03 of this section, proposed on a site containing locally significant resources as identified in areas where listed species are found or would be affected by the development.

b.

Contents. The habitat management plan shall be prepared by an ecologist, biologist or other related professional. 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 activities and other measures to protect the subject wildlife. The plan shall include the following:

1.

Recommended management activities;

2.

An action plan with specific implementation activities, costs, schedules, and assignment of responsibilities;

3.

Occupied habitat zones shall be established which include all occupied habitat of listed species;

4.

Occupied habitat buffer zone boundaries shall be established parallel to all occupied habitat zones, and shall extend at a distance appropriate for the habitat in accordance with the habitat management criteria recommended by the U.S. Fish and Wildlife Service and the state fish and wildlife conservation commission pursuant to Policy 10.1.5.1 of the town comprehensive plan; and

5.

A one inch less than or equal to 400 feet aerial map and map at the scale of the development application indicating the following:

a.

Habitat classifications depicted by using FLUCCS;

b.

Location of individuals, nest sites, dens, burrows, feeding locations, roosting and perching areas, and trails, as appropriate;

c.

Areas to be preserved, including occupied habitat zones and occupied habitat buffer zones; and

6.

Except as provided for in subsection eight of this subsection, the occupied habitat zone and the occupied habitat buffer zone shall remain free of all development. Each zone shall be identified on final site plans and plats. A conservation easement shall be granted to the town for the preserved habitat as a condition of the final development order approval, unless the administrative official determines that it would not be logistically or economically feasible for the town to maintain the easement.

7.

In the event that adjacent parcels include conservation easements or other public interest in the land, effort shall be made to connect the conservation easements to provide wildlife corridors.

8.

Encroachment into occupied habitat and habitat buffer zones is permissible where the developer demonstrates, to the satisfaction of the administrative official and the state fish and wildlife conservation commission, that the development will not cause degradation of species existing on the site and then only after the incentives for habitat preservation contained in subsection 5.04.06 c. are exhausted.

9.

In cases where guidelines have been prepared by the state fish and wildlife conservation commission for a listed species, those guidelines shall be considered in the preparation of the management plan.

10.

The management plan shall clearly provide that the applicant or his successor in interest is responsible for all aspects of the implementation of the management plan. A monitoring report as to the condition of the habitat and management techniques applied to the habitat shall be submitted to the administrative official for review on an annual basis from the date that the final development order is issued for five consecutive years.

11.

The management plan shall be finalized prior to issuance of the final development order.

c.

Review. The management plan shall be subject to final approval by the administrative official. The management plan shall be reviewed by the administrative official and when possible, by the state fish and wildlife conservation commission. If the Florida Fish and Wildlife Conservation Commission fails to review any plan in conjunction with the administrative official, determinations shall be made without the benefit of state fish and wildlife conservation commission expertise.

d.

Conformity. The final development plan approved for a development shall conform to the recommendations in the habitat management plan.

5.04.06.

Habitat preservation.

a.

Mandatory. Preservation of the occupied habitat zone and occupied habitat buffer zone for up to a total of ten percent of the entire property acreage shall be required.

b.

Preservation of land. Where land on a proposed development site is to be preserved as habitat of rare, endangered or special concern species, such land shall be adjacent to existing viable habitat, a significant wetland system, floodplain, or wildlife corridor. If such lands are not adjacent to the development site, land to be set aside shall be of such quantity and quality as to provide viable habitat, as documented in the study required in subsection 5.05.05 of this section.

c.

Fee-in-lieu. As an alternative to preservation of land, the town may establish a fee-in-lieu-of-land program, whereby the town can purchase land which will provide significant habitat. In the event that the administrative official and applicant agree to mitigate impacts off-site, the applicant shall pay a fee-in-lieu of providing conservation areas for occupied habitat and required buffer. The collected fee shall be dedicated for use by the town only for purposes of establishing and maintaining a listed species mitigation park, administered by the town, St. Johns water management district, the state fish and wildlife conservation commission or the state department of environmental protection. Assessments shall be based upon the acreage of occupied habitat impacted that would otherwise be preserved by this section.

d.

Waiver. The administrative official and the applicant may agree to waive the preservation techniques listed in this section, provided that:

(1)

The occupied habitat zone is isolated;

(2)

The applicant provides an appraisal of the impacted area at predevelopment values; and

(3)

Off-site mitigation procedures set forth in subsection 5.04.06c. of this section are met.

e.

Optional habitat preservation. In order to promote habitat preservation in excess of the minimum habitat preservation requirements of this section, the following incentives are offered. These incentives shall only apply to those areas which are not already preserved under the lakes and wetland protection provisions of this article. The incentives are as follows:

1.

Transfer of density and intensity is permitted from the area to be preserved for habitat to the developable portion of the site, provided that all other applicable requirements of this article are met and subject to the following limitations:

Residential densities may be transferred from habitat areas to contiguous nonhabitat areas within the same subdivision, subject to the following:

(1)

Residential densities shall be transferred from the habitat areas to nonhabitat areas based on the underlying residential land-use density, provided however, that the density transfer shall not include density allocated to land area that would have been devoted to the provision of access to the site, internal traffic circulation within the site, and pop-over areas for drainage systems.

(2)

All such transfers of density shall:

i.

Be to contiguous property under the same ownership or control;

ii.

Only be permitted within a subdivision platted and developed in accordance with this LDC;

iii.

Not result in lot sizes, or areas per dwelling unit, less than 65 percent of that required by this LDC, the minimum lot/area size shall be exclusive of the habitat area; and

iv.

Be noted on the face of the final plat as a restrictive covenant enforceable by the town council.

(3)

Transfers of intensities of nonresidential uses from habitat areas to nonhabitat areas shall be allowed at an amount equivalent to residential-density transfers. All other requirements of this article shall be met within areas receiving the transferred intensities.

2.

Occupied habitat and habitat buffers in excess of ten percent of the entire property acreage may be used to fulfill any applicable minimum open space requirements at a ratio of one unit habitat and habitat buffer to 1½ units required open space (1:1.5). In no event shall this credit be interpreted to reduce any required buffer zone.

5.04.07.

Eagle nesting site. Future development in the vicinity of eagle nesting sites shall meet the habitat management criteria as published by the U.S. Fish and Wildlife Service in the Eagle Management Guidelines. Development near other threatened or endangered species habitats as determined in response to policy 10.1.5.1, shall be reviewed and the impact evaluated according to the habitat management criteria of the U.S. Fish and Wildlife Service and the state fish and wildlife conservation commission.

(Ord. No. 94-112, exh. A(5.04), 1-18-1994)

5.05.01.

Objectives. The objectives of this section are to:

a.

Protect human life and health;

b.

Minimize expenditure of public money for costly flood-control projects;

c.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

d.

Minimize prolonged business interruptions;

e.

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets an bridges located in floodplains;

f.

Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize flood blight areas;

g.

Ensure that potential home buyers are notified that property is in a flood area; and

h.

Comply with the requirements of the national flood insurance program so as to ensure the availability of flood insurance for residents and property owners.

5.05.02.

Scope. This section shall apply to all areas of the special flood hazard within the town's jurisdiction.

5.05.03.

Compliance.

a.

No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this section and other applicable regulations.

b.

Violation of the provisions of this section or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute an offense.

5.05.04.

Interpretation.

a.

This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another section conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

b.

In the interpretation and application of this section, all provisions shall be considered as minimum requirements, liberally construed in favor of the town, and deemed neither to limit nor repeal any other powers granted under state statutes.

c.

The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the town or by any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.

5.05.05.

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Addition, to an existing building, means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter load-bearing walls is new construction.

Areas of special flood hazard means, in the absence of a flood insurance rate map issued by the Federal Emergency Management Agency (FEMA), the areas including, at minimum, the following:

1.

Identified wetlands;

2.

Low-lying areas along the shores of takes and streams;

3.

Areas subject to shallow flooding during intense storms; and

4.

Areas known to have flooded historically.

As portrayed on maps issued by FEMA, the term "area of special flood hazard" means the area that is anticipated to be inundated by the base flood.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Basement means that portion of a building having its floor subgrade, below ground level, on all sides.

Building means any structure built for support, shelter, or enclosure for any occupancy or storage.

Development means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials or equipment.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1.

The overflow of inland or tidal waters.

2.

The unusual and rapid accumulation or runoff of surface waters from any source.

The term"flood" also means the top surface of an enclosed area in a building, including the basement, i.e., the top of slab in concrete slab construction or the top of wood flooring in wood frame construction. The term "flood" does not mean and include the floor of a garage used solely for parking vehicles.

Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as zone A.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a building.

Historic structure means any structure that is:

1.

Listed individually in the National Register of Historic Places, a listing maintained by the department of interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the national register.

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

3.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a)

By an approved state program as determined by the Secretary of the Interior; or

(b)

Directly by the Secretary of the Interior in states without approved programs.

Lowest floor means the lowest floor of the lowest enclosed area, including the basement. The term "lowest floor" does not mean and include an unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, provided that such enclosure is built in compliance with other applicable flood damage reduction standards.

Manufactured home means a building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactued home" also means and includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

New construction means any structure for which the start of construction commenced after the effective date of the ordinance from which this LDC is derived. The term "new construction" also means and includes any subsequent improvements to such structure.

Recreational vehicle means a vehicle which is:

1.

Built on a single chassis;

2.

Four hundred square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by a light duty truck; and

4.

Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.

Start of construction, for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), means and includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The term "actual start" means the first placement of permanent construction of a building, including a manufactured home on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. The term "permanent construction" does not mean and include:

1.

Land preparation, such as clearing, grading and filling;

2.

The installation of streets and or walkways;

3.

Excavation for a basement, footings, piers or foundations or the erection of temporary forms; and

4.

The installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building.

For a substantial improvement, the term "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other manmade facilities or infrastructures.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any combination of repairs, reconstruction, alteration, or improvements to a building, including electrical, plumbing and heating/air conditioning, taking place during a two-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the building. The market value of the building should be:

1.

The appraised value of the building prior to the start of the initial repair or improvement; or

2.

In the case of damage, the value of the building prior to the damage occurring.

The term "substantial improvement" also means and includes structures which have incurred substantial damage, regardless of the actual repair work performed. For the purposes of this definition, the term "substantial improvement" means when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term "substantial improvement" does not mean and include any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the LDC enforcement official, which have been cause for issuance of a citation or condemnation, and which are solely necessary to ensure safe living conditions.

Variance is a grant of relief from the requirements of this LDC which permits construction in a manner otherwise prohibited by this LDC where specific enforcement would result in unnecessary hardship.

5.05.06.

Building standards for flood damage reduction. In areas of special flood hazard the following provisions shall apply to new construction or substantial improvement of buildings and structures:

a.

New construction and substantial improvements shall be:

1.

Elevated at least two feet above the base flood elevation;

2.

Designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure;

3.

Constructed with materials and utility equipment resistant to flood damage; and

4.

Constructed by methods and practices that minimize flood damage.

b.

Manufactured homes shall be elevated at least two feet above the base flood elevation and shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.

c.

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.

d.

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

e.

New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

f.

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding, and shall be restricted as specified by the county department of health and the state department of environmental protection.

g.

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

h.

Any alteration, repair, reconstruction or improvements to a building which is not in compliance with the provisions of this section, shall be undertaken only if said nonconformity is not furthered, extended, or replaced.

i.

The flood-carrying capacity of a watercourse shall not be diminished by any relocation or alteration or bridge construction.

j.

Adequate drainage paths shall be provided around structures to guide stormwater runoff away from them.

k.

Any development within an area of special flood hazard will maintain the natural topography and hydrology of the development site.

l.

Structures that represent a minimal investment, that are not used for human habitation, and that are subordinate to and accessory to the primary structure or use on the property, e.g., storage sheds, detached garages, gazebos, and barns, may be exempted from the elevation requirements, provided the other standards in this section are met.

m.

All recreational vehicles placed on sites must either be fully licensed and ready for highway use, or the recreational vehicle must be installed as a manufactured home. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached structures.

n.

Historic buildings are exempt from the elevation and other standards of this section, provided written documentation is provided from the state historic preservation officer that the proposed repairs or rehabilitation will not preclude the building's continued designation as a historic structure.

5.05.07.

Standards for subdivision proposals and other large developments. Proposals for subdivisions and other large developments, including shopping centers, industrial parks and complexes, public facilities and manufactured home parks and subdivisions, shall:

a.

Be designed and located so as to minimize future flood damages both onsite and on lands affected by the development.

b.

Have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

c.

Have adequate drainage provided to reduce exposure to flood hazards.

d.

Have base flood elevation data developed in accordance with standard engineering practices when the development is greater in size than 50 lots or five acres. Such data shall be provided to the Federal Emergency Management Agency within six months.

e.

Have the base flood boundary and the base flood elevation for the building site on each lot clearly marked on all recorded subdivision plats and approved site development plans.

(Ord. No. 94-112, exh. A(5.05), 1-18-1994)

5.06.01.

Purpose and intent. The purpose and intent of this section is to safeguard the health, safety and welfare of the citizens of the town. The availability of adequate and dependable supplies of potable quality water is of primary importance to the future of the town. Therefore, standards are prescribed 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 near and adjacent to designated wellheads to protect water supplies from potential contamination.

5.06.02.

Establishment of wellhead protection area. A zone of protection for potable water wellfields is established. Limitations upon activity within the zone of protection are specified in this section. The regulations set out in this section shall apply to all lands within 1,000 feet of the wells identified on figure 8-1 of the town's comprehensive plan.

5.06.03.

Restrictions within the wellhead protection area.

a.

Except as otherwise provided in this section, any new nonresidential use, handling, production or storage of hazardous substances shall be prohibited within the wellhead protection area. Any existing nonresidential use, handling, production or storage of hazardous substances shall be considered a nonconforming activity.

b.

Except as otherwise provided in this section, the following uses and activities shall be setback from the wells identified on figure 8-1 of the town's comprehensive plan:

1.

Septic tanks: 200 feet.

2.

Drainage retention areas: 300 feet.

3.

Sewage treatment facilities, landfills, commercial animal facilities, underground or above ground storage tanks containing regulated substances: 500 feet.

4.

Excavation into the aquifer: 1,000 feet.

c.

Any nonconforming land use located within 200 feet of a well serving the public will not be permitted to expand or be improved.

d.

The following activities or uses are exempt from the provisions of this section:

1.

The transportation of any hazardous substance through protection zone.

2.

Agricultural and silvicultural uses, except that said uses shall comply with F.S. § 487.2011 et seq., the Florida Agricultural Worker Safety Act, and F.A.C. 5E-2.011 et seq.

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.

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

6.

Geotechnical borings.

7.

Residential activities.

(Ord. No. 94-112, exh. A(5.06), 1-18-1994)

5.07.01.

Purpose and intent. The purpose and intent of this section is to safeguard the health, safety and welfare of the citizens of the town. The availability of adequate and dependable supplies of potable quality water is of primary importance to the future of the town. Therefore, standards are prescribed in this section with the intent of protecting both the quantity and quality of the groundwater supply. This is accomplished by prohibiting certain uses that threaten to pollute the state aquifer, establishing limitations upon impervious surface coverage created by development. It is also the purpose of this section to provide standards necessary to protect the recharge capabilities of areas of prime aquifer recharge to the state aquifer and to minimize the risk of aquifer contamination from pollution.

5.07.02.

Applicability. The requirements of this section shall apply to all areas of high recharge as identified and within prime groundwater recharge areas to the state aquifer, as defined by the St. Johns River water management district. Requirements of general application shall apply in all areas of the town.

5.07.03.

Establishment of groundwater protection area. There is hereby established a groundwater protection area consisting of all aquifer recharge areas to the state aquifer as identified by the St. Johns River water management district.

5.07.04.

Exemptions. The following activities or uses are exempt from the provisions of subsection 5.07.03:

a.

The transportation of any hazardous substance through an aquifer protection zone.

b.

Agricultural and silvicultural uses, other than cattle and dairy feedlots, except that said uses shall comply with F.S. § 487.2011 et seq., the Florida Agricultural Worker Safety Act, and F.A.C. 5E-2.011 et seq.

c.

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

d.

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

e.

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

f.

Geotechnical borings.

5.07.05.

Restrictions within the groundwater protection area.

a.

Upon identification of prime groundwater recharge areas to the Florida aquifer by the St. Johns River water management district, the following uses shall be prohibited within such areas:

1.

Auto salvage and junkyards;

2.

Landfills; and

3.

Underground storage of toxic materials and hazardous waste sites.

b.

Development standards. All development within the groundwater protection areas shall be designed, constructed and maintained so that total impervious surface, including but not limited to, buildings, houses, parking lots, garages, accessory buildings, driveways, pools, and walkways is limited to 25 percent of the land area of the entire site.

5.07.06.

Restrictions of general application.

a.

All development using septic tank systems shall comply with the requirements of the county septic tank maintenance program and the applicable rules of the state department of environmental protection.

b.

All developments with storage tanks on site shall comply with the county storage tank ordinance.

(Ord. No. 94-112, exh. A(5.07), 1-18-1994)

5.08.01.

Purpose. Trees are vital to the town's beauty and character. It shall be unlawful for any person to kill, remove, destroy, or cause to be killed, destroyed or substantially injured or defaced any of the protected trees as designated herein, without permit.

5.08.02.

Tree permit required for removal of protected trees.

(a)

Permit, when required.

(1)

No person, agent or representative thereof, directly or indirectly, shall cut down, remove, damage or destroy, or shall authorize the cutting down, removal, damage, or destruction of any protected tree on any private property located in the Town of McIntosh, Florida without first obtaining a tree permit as provided herein.

(2)

Tree trimming or pruning shall be conducted in such a manner as to enhance and protect the life of the tree being trimmed. Any trimming/pruning other than that routinely performed as part of seasonal care shall require a tree permit as provided herein.

(b)

Tree permit application requirements. The property owner or authorized agent shall submit a tree permit application to the town manager/clerk on the town's tree permit application form. The town manager/clerk shall retain the original tree permit application and submit a copy of the tree permit application to the tree preservation committee. A tree permit application shall include supporting documents and plans to provide adequate description and information to verify the intended tree activity, site conditions, proposed construction and work specification in order to issue a tree permit.

(c)

Plan requirements. Plans submitted with a tree permit application shall comply with the following:

(1)

Plans in conjunction with new construction. Plans for a tree permit in conjunction with new construction, including, but not limited to, demolition, additions, pools, and decks shall include:

a.

A site plan drawn to scale, or existing property survey prepared by the property owner or the property owner's representative, identifying the location of the tree(s), the species, and listing the height, spread, and diameter of all existing trees. The site plan may be limited to the immediate area of the proposed work.

b.

A tree disposition plan drawn to scale, prepared by the property owner or the property owner's representative, or such plan incorporated onto an existing property survey, listing all existing trees and specifying the condition of each tree and whether said trees are to remain, to be removed, and/or to be relocated. The tree disposition plan shall also illustrate the location of all existing structures and all proposed new construction, the location of any overhead and/or underground utilities, and the new locations of existing trees to be relocated on site, to include a plan to protect the existing trees during and after construction activities.

(2)

Plans for a tree permit unrelated to construction shall be drawn to scale using a site plan or existing property survey prepared by the property owner or the property owner's authorized representative.

(d)

Review of application. Upon receipt of a completed tree permit application, the tree preservation committee shall review the tree permit application for compliance with the conditions, regulations, and criteria set forth in this section. Such review may include a field inspection of the site by one or more designated member(s) of the tree preservation committee, and referral of the application to other departments or agencies, as may be necessary. Upon completion of the review process, the tree preservation committee shall set a public hearing and give reasonable notice of the hearing to the applicant.

(e)

Issuance of permit. Should the tree preservation committee, at a public hearing, determine that the conditions, regulations, and criteria of this section have been met for issuance of a tree permit, the tree preservation committee shall, at a public hearing, issue in writing the tree permit. If, however, the conditions, regulations and criteria have not been met, then denial of the tree permit shall be issued in writing at a public hearing. Written-issuance of the tree permit, or denial of the application, shall be provided by the tree preservation committee secretary the town manager/clerk within seven business days of the determination.

(f)

Tree permit application fee. The fee for each tree permit application shall be established by town council at a public meeting and by resolution.

(g)

Tree permit term. Any tree permit issued under this section is effective for 60 days from the date of issuance. All tree activities implemented pursuant to a tree permit must be completed prior to the end of the 60-day term, including removal of any debris resulting from the permitted tree activities. Should the property owner or applicant fail to perform the tree activities pursuant to the applicable tree permit within that time, the property owner may apply for an extension to complete the project.

5.08.03.

Criteria and conditions for tree permits.

(a)

Criteria for tree permits. In determining whether a tree permit should be issued, the tree preservation committee will consider the following criteria:

(1)

Whether the tree is located in the buildable area or yard area where a structure or improvement may be placed and the tree unreasonably restricts the permitted use of the property.

(2)

Whether the tree is in danger of falling; interferes with utility services; creates unsafe vision clearance within a sight triangle or other legal right-of-way; or materially impairs the structural integrity of an existing structure.

(3)

Whether the tree is deemed a high-risk tree, fatally diseased or dead. The tree preservation committee may require supporting documentation confirming that the tree is a high-risk tree, fatally diseased or dead and cannot be abated by other means (i.e. pruning, trimming, fruit removal, removal of hazardous limbs); photographs of the tree(s) showing the conditions, signs, or symptoms of the tree; any laboratory analysis or relevant scientific literature; and any other potential supporting documentation.

(4)

Whether the tree creates a health hazard; interferes with native tree species; or creates a negative impact on natural land features such as geological, historical, or archeological features.

(b)

Conditions for issuance of a tree permit. Any or all of the following conditions may be required by the tree preservation committee prior to issuance of a tree permit:

(1)

The applicant may be required to redesign the project to preserve specimen tree(s) or any other tree determined by the tree preservation committee to be of substantial value because of its species, age, form and/or historical significance, and to provide an alternate plan that includes the adequate preservation of said tree(s) and design alterations within the scope and intent of the initially proposed plan.

(2)

The tree preservation committee may require that the applicant provide a written report from a certified arborist before making any determinations in conjunction with this section.

5.08.04.

Protected tree species; violations. The following trees are hereby designated worthy of and requiring protection in the town and are designated protected species:

(a)

The following trees which are more than eight inches in diameter as measured at a distance of six feet above the ground:

(b)

The following trees which are more than six inches in diameter as measured at a distance of four feet above the ground:

(c)

It is a violation of this section for any person, utility, company, employee of any company, agent, or representative, to damage, kill, remove, destroy, or caused to be damaged, killed, removed, destroyed, or substantially injured, any protected tree.

5.08.05.

Enforcement. Violation of this section by any person, utility, company, employee of any company, or agent, or representative, shall be punishable by a fine not to exceed $500.00 for each offense. Each incident of damage to a protected tree without a permit shall be considered an individual separate offense, and each tree killed, removed, destroyed, or caused to be damaged, killed, removed, destroyed, or substantially injured in violation of this section shall be considered an individual and separate offense subject to said fine. Within seven (7) business days following the tree preservation committee meeting, the tree preservation committee secretary shall provide recommendation(s) of the subject fine to the town manager/clerk in writing for a decision to approve or deny, to be followed with notification by the town manager/clerk within a reasonable amount of time via certified mail to the alleged violator.

5.08.06.

Appeals. Within 30 days after any decision is made by the town manager/clerk in the enforcement and interpretation of this section, but not thereafter, the applicant may appeal to the town council which, by majority vote, may affirm, reverse, or modify the decision(s) for reasons given in writing. Any aggrieved party may appeal any decision rendered under this section by the town council within the time prescribed by the state rules of appellate procedure.

5.08.07.

Prohibitions under Florida Statute. This section of the Historic Town Land Development Code is subject to the requirements and prohibitions set forth in Florida Statute § 163.045, entitled "Tree pruning, trimming, or removal on residential property".

5.08.08.

Municipal Rights and Duties. Notwithstanding the provisions of Section 5.08, subject to the requirement that it must act in good faith, the town manager/clerk, designated as administrative official, has the authority including oversight and maintenance over its streets, including parks, rights-of-way, and all town owned property or space occupied by trees in the interest of public safety, convenience or health, may act upon trimming, pruning, planting or removal of trees, when necessary, in connection with making improvements on the street or removing an obstruction to travel, to improve and render a safe area, to carry out a plan or system of improvements of streets, sidewalks, to prevent the roots of trees from clogging a water/sewer system, or to aid and promote the work of public utilities. To the best of the town's ability, public trees will be planted, maintained, and removed pursuant to the guidelines and voluntary industry consensus standards provided in the American National Standards Institute (ANSI) A300 "Standards for Tree Care Operations".

(Ord. No. 92-107, § 7, 7-23-1992; Ord. No. 95, § 1, 9-5-1985; Ord. No. 94-112, exh. A(5.08), 1-18-1994; Ord. No. 97-120, § 7, 1-2-1997; Ord. No. 2022-01, §§ 1—6, 7-14-2022)