The purpose of this article is to preserve, protect, and enhance the wetlands within the city, based on a policy of no net loss of wetland function, in acknowledgment of the important natural function of wetlands in flood control, water quality and wildlife preservation.

(LDC 1997, ch. 11, § 1.03)

(a)

It is hereby unlawful for any person to engage in any activity which will remove, fill, drain, dredge, clear, destroy, or alter any wetland, surface water or buffer without obtaining a wetlands alteration permit from the appropriate jurisdictional agencies, including, but not limited to, St. Johns River Water Management District, state department of environmental protection, East Central Florida Regional Planning Council, and Army Corps of Engineers. The city shall accept decisions made by federal, state or regional agencies concerning the requirements of this article. No final development order shall be issued by the city until any or all such other agency permits are issued.

(b)

Application procedure: Application shall be made to the city as part of the application for development plan approval, when applicable. This package may be the same as submitted to the agencies. In addition to information already required to be submitted per other sections of this Land Development Code, the submittal shall include the following information if not already included in the information submitted to the other regulatory agencies:

(1)

Name, address, and phone number of applicant, and of any biologists, engineers, or other consultants providing information or acting as agent for the applicant.

(2)

The type and extent of wetland areas as designated by the St. Johns River Water Management District (SJRWMD) mapped to scale.

(3)

The city's buffer zones and conservation easements required by regulatory agencies.

(4)

A detailed description of any proposed activity within the SJRWMD wetlands and within any buffer zones.

(5)

Copies of all approved permits and submittal packages for all federal, state and regional agencies with jurisdiction over the wetlands on the site.

(LDC 1997, ch. 11, § 1.04)

(a)

Buffer zones shall be established upland of the landward extent of the wetland jurisdictional line as determined by the SJRWMD criteria.

(b)

The following buffers shall be required for isolated wetlands, nonisolated wetlands, and wetlands hydrologically connected (contiguous) to rivers, streams or lakes.

(c)

The buffer may be modified along the perimeter of the wetland system to accommodate the development design. In this case, the upland buffer shall be located such that no less than an average buffer width and a minimum width buffer, as listed as follows, exists along the perimeter of the wetland system:

(d)

The buffer may coincide with a portion of the required setback on a developable lot; however, no building or primary structure shall be permitted within ten feet of the buffer boundary.

(e)

In such cases where limited vegetation cover and/or lack of native vegetation occurs within the required buffer area, stormwater swales and sodding will be permitted to occur within the upland buffer zone. The extent of the stormwater swales encroachment within the upland buffer shall be limited to 50 percent of the buffer width.

(f)

In no case shall a buffer zone restrict or impede reasonable access to a body of water.

(LDC 1997, ch. 11, § 1.05)

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

(1)

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

(2)

Timber catwalks and docks four feet or less in width.

(3)

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

(4)

Selective cutting or hand-removal of nonnative problematic vegetation, including cattails (Tyhpa spp.), primrose willow (Ludwigia spp.), wild taro (Colocasia esculenta), giant reed (Phragmites spp.), paragrass (Panicum purpurascens), punk tree (Malaleuca quinquenervia), and pepper tree (Schinus terebinthifolius). Removal of aquatic plants may require a permit from the state department of environmental protection, bureau of invasive plant management.

(5)

Clearing of native vegetation within any wetland along a shoreline shall be limited pursuant to article III of this chapter, pertaining to shoreline protection.

(6)

Outfall structures and discharge pipes such that the installation of the structures does not adversely affect the function of the wetland.

(7)

Cleared walking trails four feet or less in width and having no structural components, or impervious surface, and not requiring fill within wetlands.

(8)

Utility crossings.

(9)

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

(10)

Bona fide mosquito control activities.

(11)

Maintenance activities within the littoral zone of a wet detention system.

(12)

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

(LDC 1997, ch. 11, § 1.06)

The following remedies and penalties shall apply to violations of this article:

(1)

Where unauthorized removal or destruction of wetland vegetation has taken place in an otherwise undisturbed wetland or buffer area, it shall be replaced based on any information from approved permits, or based on surrounding undisturbed vegetation.

(2)

Where violations of the dredge and fill or wetland rules and regulations imposed by federal, state or regional agencies are noted by the city, such violations may be reported in writing to the appropriate agency.

(LDC 1997, ch. 11, § 1.07)

(a)

Variances and appeals to this article shall be considered based on the procedures in chapter 98 of this Land Development Code, pertaining to developmental procedures and regulations.

(b)

No variance or appeal will be considered where the action or requirement in question clearly is derived from the actions or requirements of federal, state or regional agencies as part of their permitting process.

(LDC 1997, ch. 11, § 1.08)

The purpose and intent of this article is to protect the shoreline areas of the city and, specifically, to regulate the land use development of these shorelines.

(LDC 1997, ch. 11, § 1.09)

(a)

Setbacks from the ordinary high water line (OHWL) shall be as follows:

(1)

All habitable structures shall be located no closer than 50 feet.

(2)

Septic tank drainfields shall be located a minimum of 100 feet from the OHWL or as far landward from the shoreline as possible based on the depth of the lot and outside any wetland areas as designated by SJRWMD or FDEP, unless authorized by a permit.

(3)

All industrial land use activities, such as, but not limited to, parking, driveways, and storage, shall be located no closer than 500 feet.

(b)

If no OHWL is recorded, the wetland line or the mean annual high water line may be used, whichever is more restrictive.

(LDC 1997, ch. 11, § 1.10)

(a)

A minimum 50-foot buffer zone of native upland vegetation, measured from the OHWL, shall be provided around existing rivers, lakes and ponds which are preserved on development sites.

(b)

If the lake or open water body is wholly owned and contained within a single lot or parcel, then the buffer may be modified to allow for greater access. In this case, the upland buffer shall be located such that not less than an average of 25 feet of total upland buffer with a minimum of ten feet exists along the perimeter of the shoreline.

(c)

Disposal of any wastes, including, but not limited to, liquid, solid, construction materials, debris, including yard trash, is prohibited within the shoreline buffer.

(d)

Clearing in the buffer zone shall be allowed only as specified in section 114-64.

(e)

Individual single-family dwellings constructed within existing lots or parcels of record and manmade lakes for the purpose of water retention are exempt from the shoreline buffer requirement.

(LDC 1997, ch. 11, § 1.11)

(a)

No more than a total of 25 linear feet along the shoreline of any lot may be cleared of vegetation for the creation of a beach, or for any other purpose or structure. Clearing of vegetation for creation of a beach requires a DEP permit.

(b)

Exotic and nuisance plant species may be removed (hand removal preferred) from the entire shoreline.

(LDC 1997, ch. 11, § 1.12)

Prior to construction or clearing of any new development or substantial improvements to existing development at a shoreline, copies of all state and federal regulatory agency permits shall be provided to the city. These regulatory agencies include, but are not limited to, U.S. Army Corps of Engineers (ACOE), St. Johns River Water Management District (SJRWMD), and state department of environmental protection (FDEP). Compliance with the best management practices erosion control methods is required for all shoreline development to limit chemical and sediment pollutant discharge to the adjacent water body.

(LDC 1997, ch. 11, § 1.13)

(a)

All areas preserved or conserved under this article shall be recorded within the county public records as a conservation easement in accordance with F.S. § 704.06, or as amended.

(b)

Dedication of the conservation easement shall be to the city, a county agency, or a state regulatory agency.

(LDC 1997, ch. 11, § 1.14)

The purpose and intent of this article is to protect the natural resources of the city for the benefit of its citizens; specifically, to prevent destruction of listed plant and animal species in the city and to preserve areas of native vegetation.

(LDC 1997, ch. 11, § 1.15)

(a)

The vegetation of the natural community shall be preserved through project site design. A minimum of ten percent of the total commutative acreage of natural upland communities which occur on-site shall be preserved.

(b)

In no case shall the upland areas required to be preserved exceed the open space requirements for the proposed development.

(c)

The preserved areas shall be allowed as credit toward landscape requirements, landscape buffers, wetland buffers, habitat protection areas and open space requirements.

(LDC 1997, ch. 11, § 1.16)

Application shall be made as part of the application for development plan approval, when applicable. This package may be the same as submitted to other regulatory agencies. In addition to information already required to be submitted per other sections of this Land Development Code, submittal shall include the following information if not already included in the information submitted to the other regulatory agencies:

(1)

An environmental assessment and wildlife survey shall be required for projects which are more than five acres in size or exceed one acre of impervious surface. The environmental assessment shall be prepared by a qualified biologist and/or environmental scientist. The environmental assessment shall include a FLUCFCS map which delineates the vegetative community types observed on the site.

(2)

Explanation of the field surveying method applied, such as transect, arrays, etc.

(3)

A habitat management plan shall be required for all developments if listed species are found on the property and on-site preservation is warranted, if applicable. The management plan shall be prepared by a qualified biologist and/or environmental scientist. The habitat management plan must receive approval from the state game and fresh water fish commission (FGFWFC) and U.S. Fish and Wildlife Service, if applicable, before final construction plan approval.

a.

The applicant or his successor in interest is fully responsible for all aspects of the implementation of the management plan. A monitoring report as to the condition of the habitat and the results of the management techniques applied to the habitat shall be submitted to FGFWFC for review as required per their regulations.

b.

The preservation areas and associated buffers shall exist as "open space" for the development and will be credited toward open space requirements. Development within these areas shall be limited to passive recreational activities which do not degrade the habitat and may include picnic areas and mulched trails. A conservation easement shall be granted to the city for the preserved areas and associated buffers as a condition of the final development order. In addition, the transfer of density from the preservation area to an unoccupied area is permitted within a planned unit development (PUD).

c.

If adjacent parcels include conservation easements or other public lands, the city shall propose to connect the easements to provide wildlife corridors.

(4)

Indications of any evidence that listed species may be present, including sightings, signs, tracks, trails, or suggestions of feeding.

(LDC 1997, ch. 11, § 1.17)

The property owner and/or developer may contribute funds in lieu of protecting critical habitat on-site. The funds may be allocated toward a county or regional land acquisition program or contributed to the "Fish and Wildlife Trust Fund," administered and managed by the state game and fresh water fish commission (FGFWFC). Contributions will be based on the acreage of on-site suitable habitat that would otherwise be required to be preserved. The amount of the contribution will be determined by either the administration of the designated mitigation bank and/or FGFWFC.

(LDC 1997, ch. 11, § 1.18)

The property owner and/or developer may relocate individual listed and nonlisted species utilizing the standards and criteria developed by FGFWFC and/or U.S. Fish and Wildlife Service (USFWS). A copy of the relocation permit shall be forwarded to the city prior to initiation of the relocation effort.

(LDC 1997, ch. 11, § 1.19)

The purpose of this article is to comply with Policy 5-1.2.1, "Restrict Activities Known to Adversely Affect the Quality of Surface and Ground Water" within the goals and objectives of the conservation element for the city.

(LDC 1997, ch. 11, § 1.20)

Large quantity generators of hazardous waste as designated by the U.S. Environmental Protection Agency (EPA) and the state department of environmental protection (FDEP) shall be prohibited within areas designated as high or prime recharge areas as designated by St. Johns River Water Management District pursuant to F.S. § 373.0395, or as amended.

(LDC 1997, ch. 11, § 1.21)

(a)

The purpose of this article is to comply with Policy 5-1.8.1, "Designation of Environmentally Sensitive Areas," within the goals and objectives of the conservation element for the city.

(b)

When a sinkhole develops, proper planning and engineering to repair or alleviate damages are needed to reduce adverse environmental impacts.

(LDC 1997, ch. 11, § 1.22)

(a)

If there is an existing sinkhole on the proposed development, or indication that a sinkhole may develop in the future, then a detailed geological/geotechnical investigation may be required by the applicant.

(b)

This investigation must be conducted by a certified geologist or professional engineer and a report submitted to the city council or designee for consideration. The geologic investigation shall be comprehensive enough that recommendations for site planning, engineering design and construction techniques may be made.

(c)

The city council shall approve or deny the development proposals based upon the scale of the development and the hazards revealed within the investigation.

(LDC 1997, ch. 11, § 1.23)

(a)

Stormwater structures, other than stormwater swales, may only be placed within 50 feet of any existing sinkhole area with the approval of SJRWMD.

(b)

No utility structures, above or beneath the ground, shall be placed in or adjacent to an existing sinkhole unless approved by the city council or designee.

(c)

No buildings, structures, or impervious surface shall be located over or adjacent to an existing sinkhole unless it is determined by a certified geologist or professional engineer that the area is safe.

(d)

No septic systems, drainfields, solid waste disposal areas, or chemical storage shall occur within 100 feet of the existing sinkhole unless it is determined by a certified geologist or professional engineer that there is no direct surface or subsurface connection that may cause contamination or damage to the groundwater.

(LDC 1997, ch. 11, § 1.24)

All existing sinkholes and/or any new sinkhole areas shall be placed into a conservation easement, if warranted. The conservation easement shall be recorded within the county public records in accordance with F.S. § 704.06, or as amended, and shall be dedicated, as appropriate, to the city, a county agency, or a state regulatory agency.

(LDC 1997, ch. 11, § 1.25)

(a)

The purpose of this article is to comply with Policy 5-1.1.1, Promote Activities Conducive to Safe Air Quality, within the goals and objectives of the conservation element for the city.

(b)

The city council finds that it is in the best interest of the public health and safety and of the environment to prohibit the open burning of material discarded incidental to land clearing or construction practices. It is the purpose of this article to regulate open burning.

(LDC 1997, ch. 11, § 1.26)

The following activities are exempt from the provisions of this article upon receipt of a burn permit from the fire official:

(1)

Burning activities incidental to development, agricultural and silvicultural operations as set forth in the state department of agriculture and consumer services, division of forestry (F.A.C. ch. 5I-2), or as amended. A permit from the jurisdictional agency shall be required.

(2)

Burning activities associated with the use of aboveground refractory air curtain incinerators permitted by the state department of environmental protection (FDEP) and operated by governmental entities.

(3)

Open burning activities associated with control burns of native vegetative communities and habitat management. These activities must be supervised by either the division of forestry or a qualified consultant.

(LDC 1997, ch. 11, § 1.27)

All land uses in all zoning districts shall be constructed and operated in a manner which is not injurious or offensive to the adjacent land uses due to the emission or creation of smoke, dust or other particulate matter, toxic or noxious waste material and fire. Air pollutants shall be regulated by the standards cited as follows:

(1)

Smoke. Every use shall be so operated as to prevent the emission of smoke as specified in F.A.C. ch. 17-2, air pollution and F.A.C. ch. 17-256, open burning and frost protection fires, or as amended.

(2)

Particulate matter. Every use shall be so operated as to prevent the emission of solid matter into the air as specified in F.A.C. ch. 17-2, air pollution, or as amended.

(LDC 1997, ch. 11, § 1.28)

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:

Facility means:

(1)

Any building structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or

(2)

Any site or area where a hazardous substance has been deposited, stored, disposed of, placed, or otherwise come to be located; but does not include any consumer product in consumer use or any vessel.

Hazardous substance means any substance which is defined as a hazardous substance in 42 USC 9601(14), or as amended, and which is designated as a hazardous substance in 40 CFR 302.4 (1987), or as amended.

(LDC 1997, ch. 11, § 1.29)

Cross reference— Definitions generally, § 1-2.

(a)

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 260—263, 270 and 271, dated March 24, 1986, as amended, or as subsequent amendments.

(2)

The regulations, including the submittal of the approved state permits relating to F.A.C. 17-730, hazardous waste; F.A.C. 17-761, underground storage tank systems; and F.A.C. 17-762, aboveground storage tank systems, or as amended.

(b)

All users and generators of hazardous waste and materials located in the city shall submit plans, procedures, documentation and necessary government agency permits to the city mayor or designee to ensure that such waste and materials are properly stored, disposed of and processed. Documentation from all governmental agencies responsible for approval of the construction plans, procedures and programs for the premises shall include one or more of the following:

U.S. Environmental Protection Agency.

U.S. Department of Transportation.

State department of environmental protection.

State department of transportation.

State department of community affairs.

State department of labor and security.

State department of law enforcement.

State department of state.

St. Johns River Water Management District.

(c)

Private agencies: Documentation from private agencies and businesses shall include information, contracts, agreements, procedures and similar materials from private waste management companies employed by the owner to dispose of hazardous waste and materials from the premises in question.

(LDC 1997, ch. 11, § 1.30)

The purpose of this article is to preserve the water resources of the city; control stormwater runoff so as to prevent erosion, sedimentation and flooding; and encourage recharge of the aquifer. The requirements of this article are designed to allow landowners reasonable use of their property while promoting the following:

(1)

Prevent significant loss of life and property due to runoff;

(2)

Protect the quantity and quality of groundwater and surface water;

(3)

Perpetuate recharge into the groundwater systems;

(4)

Alleviate downstream flood hazards;

(5)

Reduce water and wind caused erosion; and

(6)

Minimize the adverse impact of development of water resources.

(LDC 1997, ch. 12, § 1.02)

The following general criteria shall apply to all public and private improvements:

(1)

Ten-year, two-hour storm event (post-predevelopment) treatment volume and 50-year, 24-hour storm event (post-predevelopment) attenuation, while maintaining predevelopment discharge.

(2)

F.A.C. chs. 40C-4, 40C-40 and 40C-42 shall apply.

(LDC 1997, ch. 12, § 1.03)

The stormwater management plan applications shall be approved by the city when it can be demonstrated that the proposed development activity has been designed and shall be constructed and maintained to meet the performance criteria as outlined in the following:

(1)

Maintenance of predevelopment conditions. Neither the rate nor the quantity of stormwater runoff shall be increased for the design storms. While the development is being constructed and after it is completed, the characteristics of stormwater runoff shall not exceed the rate, volume and quality that occurred under the site's natural unimproved or existing state.

(2)

Predevelopment and post-development runoff standards. The proposed stormwater management system shall be designed to accommodate the rate and quantity of stormwater that originates within the development and which historically flows onto or across the site from adjacent properties.

(3)

Phased development. The drainage system for each phase of a development shall meet the requirements of this Land Development Code. The system shall function independent of planned but unbuilt phases of the development project.

(4)

Maintenance of existing surface drainage. Site alteration shall not adversely affect existing surface water flow patterns. To the greatest extent feasible, drainage sub-basin boundaries shall be maintained.

(5)

Prevention of adverse impact. Site alteration shall not cause siltation of wetland, pollution or alteration of downstream wetlands, or reduce the natural retention of filtering capabilities of wetlands.

(6)

Infiltration of rainfall. Properties shall be developed to maximize the amount of natural rainfall, which is infiltrated into the soil.

(7)

Drainage easements. Where necessary and as otherwise required easements for drainage facilities shall be provided. Such easements shall be shown on the required plans and approved by the city.

(8)

Wetlands. Wetlands may be used as allowed by St. Johns River Water Management District.

(LDC 1997, ch. 12, § 1.04)

No person may develop or make changes to the use of land or construct a structure or change the size of a structure, except as exempted in this article, without first obtaining a stormwater management permit from the city. The requirements of this article shall be implemented, and shall be satisfied completely, prior to final project approval by the city.

(1)

Approval of the stormwater management plans shall be contingent on approval of any permit required from the St. Johns River Water Management District.

(2)

The following activities, unless exempt in accordance with section 114-305, require plan approval prior to the initiation of any project:

a.

Clearing and/or construction for the drainage of land;

b.

Replatting recorded subdivisions and the development of recorded and unrecorded subdivisions;

c.

Changing the use of land and/or construction of a structure;

d.

Altering shorelines of water bodies;

e.

Increasing by 500 square feet or greater the impervious area of any parcel of land; and

f.

Using natural or artificial water bodies for stormwater purposes.

(LDC 1997, ch. 12, § 1.05)

The following activities shall be exempt from the provisions set forth in this article:

(1)

Single-family or duplex residential exemption. Residential parcels for the construction of a single lot where such individual parcels are part of an overall subdivision which has been approved in accordance with the land development regulations.

(2)

Agricultural lands. Agricultural lands which are utilized in the occupation of agriculture where the purpose of the topographic alteration is consistent with the practice of agriculture and shall not be for the sole purpose of impounding or obstructing surface waters.

(3)

Emergency exemption. Emergency maintenance work performed for the protection of public health, safety and welfare.

(4)

Maintenance exemption. Any maintenance to an existing system made in accordance with permitted plans and specifications.

(5)

Single-family or duplex exemption. Single-family or duplex residential construction on a single lot that is not part of a larger common plan of development.

(LDC 1997, ch. 12, § 1.06)

An application for a stormwater management permit shall be filed, processed and approved in the following manner:

(1)

Determination of exemption. In cases where it is not clear that the proposed development is exempt, a request for determination of exemption shall be submitted. The request shall be filed with the mayor or designee. The request shall contain the following information:

a.

A statement signed by the applicant which certifies that the development will not:

1.

Obstruct any existing flow of stormwater runoff;

2.

Drain stormwater onto adjacent land not currently receiving runoff; and

3.

Increase off-site stormwater volumes or runoff rates from the proposed development area.

b.

An application form containing three sets of the following information and exhibits:

1.

Name, address and telephone number of the applicant;

2.

Location map, address and legal description of the proposed development;

3.

Statement expressing the scope of the proposed development;

4.

Schedule of proposed development;

5.

A sketch showing existing and proposed structures, paving and drainage patterns; and

6.

A review fee as adopted by resolution of the city council and on file in the city clerk's office.

(2)

Concurrent review. Where a project requires subdivision or site development plan approval, all review shall be done concurrently under the appropriate approval process, and no separate permit shall be required.

(3)

Permit application and review. Where no additional development review is required, application shall be made directly to the department of planning and zoning. The application shall consist of ten copies of all required information accompanied by the appropriate review fee. The following shall be included:

a.

A detailed site development plan including a general location map and the location of all proposed pavement and structures;

b.

Topographic maps using the National Geodetic Vertical Datum of the site and all adjacent contributing and receiving areas before and after the proposed alterations;

c.

Information regarding the types of soils and groundwater conditions existing on the site;

d.

General vegetation maps of the existing site conditions;

e.

Construction plans, specifications and computations necessary to indicate compliance with the requirements of the regulatory agencies; and

f.

Additional information necessary for determining compliance with this article as the city may require.

(LDC 1997, ch. 12, § 1.07)

The installed systems required by this Land Development Code shall be maintained by the owner except where the city specifically accepts a certain system for maintenance.

(LDC 1997, ch. 12, § 1.08)

It shall be illegal to intentionally dump, discharge, dispose, spill or otherwise release any effluent, hazardous substance or other unauthorized matter into stormwater structures, including, but not limited to, retention ponds, storm drains, inlets, basins and swales. Any person found in violation of this section shall be subject to code enforcement procedures as set forth in article II, chapter 26 of this Code, or any other legal or equitable proceedings available to the city under the law.

(LDC 1997, ch. 12, § 1.09)

The purpose of this article is to:

(1)

Protect and perpetuate the natural and cultural heritage of significant historic and/or archaeological sites and structures for the benefit, education and enjoyment of future generations.

(2)

Protect the public interest in historic and/or archaeological sites and structures from adverse activities, land uses, excavations, construction, destruction and other impacts, and to prevent the unnecessary removal of historic structures or archaeological artifacts.

(3)

Stabilize and improve property values while providing attractions to residents, tourists and visitors, a stimulus to business and industry and a mode to preserve the beauty and historical past of the city.

(4)

Implement policies of the comprehensive plan regarding such protection.

(LDC 1997, ch. 18, § 1.02)

The power and authority to create a district by the city council shall be in accordance with chapter 82 of this Land Development Code.

(LDC 1997, ch. 18, § 1.03)

Within the city, it shall be unlawful for any person, group, organization or agency to knowingly and/or willfully damage, alter, destroy, deface, renovate, relocate, excavate or otherwise disturb any known or designated historic or archaeological resource without prior and appropriate authorization from the city council and from any additional state or federal regulatory agency with applicable jurisdiction.

(LDC 1997, ch. 18, § 1.04)

(a)

A historic designation request may be initiated by a written petition from a property owner or by an appropriate authorized agency of the U.S. government and/or state. This request shall be submitted to the city council and shall be accompanied by any additional information necessary, as requested by the city council, and shall include a proposal for acquisition of property if necessary.

(b)

The city council shall review all potential historic designations, and provide additional information, comments and recommendations at a public hearing. The city council shall provide written notification to the property owners at least 30 calendar days prior to the date of the public hearing.

(c)

All petitions/requests for historic designations approved by a majority vote of the city council shall designate an area, site, artifact, excavation, structure or other resource as a historic resource which shall be regulated by the provisions of this article.

(d)

Upon request for historic resources designation involving human burial remains, all issued or pending permits pertaining to the affected portion of the subject property shall be suspended, and no new permits shall be issued or reinstated for a period of up to 15 consecutive days or until a final report is received from the state archaeological or district medical examiner.

(LDC 1997, ch. 18, § 1.05)

(a)

Within the city, any person, company, organization or governmental agency engaged in or promoting activities which unearth, uncover, or otherwise reveal any suspected archaeological site, burial, artifact, or other remains shall be required to immediately notify the city mayor or designee's office as to the nature, size and exact location of the suspected find.

(b)

In addition, the city staff shall have authority to request an archaeological survey from a representative of an authorized agency or qualified archaeologist before development in any area known or documented to contain historic resources. If the presence of historic resources is confirmed, all activities, permits and/or exemptions associated with that portion of subject site shall be temporarily suspended for a maximum period of three working days until initial site inspection, subsequent evaluation and site release to continue work is issued by the city staff.

(c)

However, following the initial site inspection, if human burial remains are found, the city staff shall have authority to temporarily suspend for up to 15 days all activities, permits and/or exemptions concerning the subject site until a subsequent inspection and evaluation is conducted by a representative of a qualified agency with experience in archaeological identifications or the medical examiner.

(d)

Any known or suspected archaeological sites, artifacts, remains or other resources shall be reported to the city staff, which shall notify the appropriate state authorities.

(e)

All subsequent excavations, removals, preservations, designations, displays or mitigation concerning a potential, known, or designated archaeological site must be approved by the city council upon recommendation by the appropriate state or federal authorities. All approved excavations shall be in strict accordance with the recommendations, permits, approvals or authorizations of the city council and any appropriate state or federal agencies with jurisdiction and knowledge of archaeological resources.

(LDC 1997, ch. 18, § 1.06)

(a)

Decisions and/or designations by the city council concerning historic or archaeological resources within the city are subject to the procedures and provisions set forth in this Land Development Code. The subject property owner or his authorized agent may initiate appeals of the council's decision.

(b)

Upon any appeal to the city mayor or designee of the city council's decision, the city council may continue the suspension of all activities and permits within that portion of the site associated with the historic or archaeological resources in question, pending a final decision or agreement between the city council and the subject property owner or a rendering of a decision of appeal, whichever occurs first. Any property owner may waive the deadlines set forth in this article or request an earlier hearing by written request to the city council, which shall approve, deny or approve with conditions all waiver requests.

(LDC 1997, ch. 18, § 1.07)

Duly authorized agents of the state or the federal government, or organizations authorized by the city, conducting bona fide scientific surveys, investigations, excavations or explorations for the purpose of identification, protection or exhumation of historical resources, may be exempted from the provisions of this article, provided that such exemptions are deemed to be in the best interest of the citizens of the city, the state, or the nation.

(LDC 1997, ch. 18, § 1.08)

F.S. ch. 872 (Offenses Concerning Dead Bodies and Graves) effects a third degree felony for persons who willfully and knowingly disturb any human burial remains. Any person who knows or has reasons to know that an unmarked human burial is being unlawfully disturbed, destroyed, defaced, mutilated, removed, excavated or exposed shall immediately notify the local law enforcement agency with jurisdiction in the areas where the unmarked human burial is located. Persons with knowledge of the disturbance who fail to notify the local law enforcement agency will be guilty of a misdemeanor of the second degree. All subsequent actions concerning the subject of human burial shall be in compliance with F.S. ch. 872, or as amended.

(LDC 1997, ch. 18, § 1.09)

(a)

The city council has determined that there is an urgent need to protect existing and future public and private potable water supply wells in the city from the irreversible and adverse effects of bacterial and chemical contamination.

(b)

The replacement cost of a major wellfield is substantial and thus should be protected.

(c)

The intent and purpose of this division is to safeguard the public health, safety and welfare of the people of the city by providing for regulation of the storage, handling, use or production of hazardous substances within zones of protections surrounding potable water supply wells and wellfields, thereby protecting the potable water supply from contamination.

(d)

The city declares that the storage, handling, use, disposal, or production of hazardous or toxic substances in close proximity to public potable water supply wells is potentially harmful to the drinking water of the city and that certain land uses and activities involving regulated or generic substances are hereby prohibited or regulated within the defined zones or protection areas.

(LDC 1997, ch. 17, § 1.02)

(a)

In order to protect the quality of the city's existing and future potable water resources from contamination, wellfield protection areas are hereby created. Each wellfield protection area shall consist of two concentric zones; a primary zone with a radius of 500 feet, or the distance required by FDEP rule, whichever is greater, and a secondary zone, the radius of which shall be 1,000 feet.

(b)

Rules of interpretation for buildings on lots lying wholly or partially in a particular wellfield protection area shall be made by the zoning director.

(LDC 1997, ch. 17, § 1.03)

(a)

Primary wellfield protection zone.

(1)

Except as may otherwise be provided in this Land Development Code, any new nonresidential use, handling, producing or storing hazardous substances or materials shall be prohibited; provided, however, that any existing nonresidential use which handles, produces or stores hazardous materials or substances shall be considered a nonconforming use and shall apply for a wellfield protection permit as provided in this Land Development Code.

(2)

New or upgraded domestic wastewater treatment facilities shall be provided with class 1 reliability. New wastewater ponds, basins and similar facilities shall be lined or sealed to prevent measurable seepage. Unlined reclaimed water storage systems are allowed for reuse projects permitted by the state department of environmental protection.

(3)

New sludge or waste residuals land application sites are prohibited.

(4)

New discharges to groundwater of industrial wastewater is prohibited except when permitted by the state department of environmental protection.

(5)

New and lateral expansions of hazardous waste treatment, storage, disposal, and transfer facilities requiring permits are prohibited.

(6)

New aboveground and underground tankage of hazardous wastes are prohibited. Replacement of an existing underground storage tank system or addition of a new storage tank, at a facility with other such underground storage tanks may be permitted, provided that the replacement or the new storage tank is installed with secondary containment meeting the FDEP requirements.

(7)

New fixed pesticide mixing/loading areas shall be constructed and operated in accordance with the guidelines contained in DEP Minimum Construction and Operation Standards for Chemical Mixing Centers Used for Pesticide Mixing and Loading, latest edition.

(b)

Secondary wellfield protection zone.

(1)

Except as otherwise provided in this Land Development Code, any existing nonresidential use which handles, produces or stores hazardous materials or substances shall be considered a nonconforming use but shall apply for a wellfield protection permit as provided in this Land Development Code. New nonresidential uses which handle, produce or store hazardous materials or substances are prohibited.

(2)

New rapid rate or high rate reuse application sites shall not be allowed, nor shall such existing reuse application sites be allowed to expand.

(3)

New domestic wastewater residuals land application sites shall obtain a special use permit and the appropriate state agency permits prior to commencing application.

(4)

Discharges to groundwater of industrial wastewater shall obtain FDEP permits and file a copy of the permit with the zoning director prior to commencing any discharge of industrial wastewater.

(5)

New generators of hazardous waste and hazardous waste disposal facilities are prohibited.

(6)

New fixed pesticide mixing/loading areas shall be constructed and operated in accordance with the guidance contained in DEP Minimum Construction and Operation Standards for Chemical Mixing Centers Used for Pesticide Mixing and Loading, latest edition.

(7)

Landfill operations, auto storage yards and junkyards are prohibited, based on their potential to contaminate groundwater.

(c)

Discharge to groundwater from the state department of environmental protection approved remedial corrective actions for contaminated sites located within the primary or secondary wellhead protection areas shall not be subject to the discharge restrictions contained in this article.

(LDC 1997, ch. 17, § 1.04)

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

(1)

The transportation of any hazardous material or substance through either or both the primary or secondary wellfield protection zone, provided that the transporting vehicle is in transit.

(2)

Agricultural uses, including mosquito control or abatement, which are in conformance with F.S. ch. 487, The Florida Pesticide Law; F.A.C. 5E-2.001 et seq.; and F.A.C. 5E-9.001 et seq.

(3)

The use of a hazardous material or substance solely as fuel or fuel additive in a vehicle or tractor fuel tank or as a lubricant in a vehicle or tractor.

(4)

Fire, police, emergency medical services, emergency management center facilities, and public utilities, except for landfills.

(5)

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

(6)

Office uses, except for the storage, handling or use of hazardous materials or substances, as provided for in applicable administrative codes.

(7)

Storage tanks which are constructed and operated in accordance with the state storage tank regulations.

(8)

Geotechnical boring.

(9)

Residential activities not including office space in a residential unit.

(10)

Public utility and medical facility emergency generating facilities, except that permanently installed fuel storage facilities exempted under the Florida Administrative Code shall have secondary containment.

(LDC 1997, ch. 17, § 1.05)

(a)

A hazardous substance or material includes any solution, mixture or formulation containing such materials, and also includes any material which, due to its chemical or physical characteristics, as determined by the city, which pose a substantial threat of the life, health, or safety or persons or property or to the environment.

(b)

The hazardous substances regulated by this division shall consist of the following:

(1)

Those materials and substances listed in F.A.C. ch. 38F-41 (The Florida Substance List).

(2)

Those materials and substances listed in 40 CFR 261 (Identification and Listing of Hazardous Wastes).

(3)

Those materials and substances listed in 40 CFR 302.4, Table 302.4 (List of Hazardous Substances and Reportable Quantities).

(4)

Those materials and substances listed in 40 CFR 355, Appendices A and B (List of Extremely Hazardous Substances).

(LDC 1997, ch. 17, § 1.06)

(a)

Generally. Except as otherwise provided in this division, no person shall construct, modify, install or replace a hazardous substance storage system, or component thereof, within the primary or secondary potable wellfield protection zone or allow the discharge of hazardous substance into the soils, groundwater or surface water within such zone. Underground vehicular fuel storage subject to the Florida Administrative Code is exempt from these permit requirements.

(b)

General permit requirements.

(1)

Application for a wellfield protection permit, or renewal thereof, shall be made and completed in the manner and on the forms provided by the zoning department. The application shall be completed with all requested information and shall be signed by the owner or operator, as applicable. The completed application shall be submitted to the zoning department, together with the appropriate permit fee as established by the city council.

(2)

The zoning department shall issue or review such permit upon the applicant's demonstration that all standards required by this article and other applicable regulations have been met and upon receipt of the appropriate fee.

(3)

The permit, when issued, shall be in the name of the owner or operator, as applicable, which name may be that of an individual, firm, association, joint venture, corporation, partnership, governmental entity, or other legal entity. A permit shall specify the regulated facility covered by the permit. Such permit may cover one or more hazardous substance storage systems, located at the same facility. Such permit shall provide conditions necessary to ensure that the provisions of this division are met. Commencement of construction of a regulated facility under a wellfield protection permit shall be deemed acceptance of all conditions specified in the permit.

(c)

Documents. When a wellfield protection permit is required, the following information and accompanying documentation, as may be applicable, shall be submitted to the zoning department, together with the completed application.

(1)

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 detection, and access. At the option of the zoning director, a professional engineer licensed by the state or an OSHA certified HAZMAT coordinator or supervisor may certify compliance with this division.

(2)

Any storage system constructed pursuant to this division shall meet the requirements of all city, state, and federal regulations, and the owner or operator shall demonstrate that the system has been constructed in substantial conformity with the permit prior to use of the system for storage or placement of any hazardous material or substance in the storage system.

(3)

Upon closure of a hazardous substance storage system, the facility owner or operator shall notify the city of intention to close the storage system.

(d)

Denial, suspension or revocation of permits. The city may deny, suspend, or revoke a permit for failure to comply with this division or conditions of any permit issued pursuant to this division. The city may revoke any permit issued pursuant to this division on a finding that the permit holder or his agent:

(1)

Knowingly submitted false or inaccurate information in the application or operational reports;

(2)

Has violated the provisions of this division, or permit conditions; or

(3)

Has refused lawful inspections as required by this division.

(LDC 1997, ch. 17, § 1.07)

(a)

General requirements. Except as provided in sections 114-364 and 114-365, no person shall construct or install any storage system for hazardous materials or substances within the primary or secondary wellfield protection zone until an approved permit has been issued in accordance with state and city regulations.

(b)

Monitoring capacity. Except as provided in sections 114-364 and 114-365, all storage systems intended for the storage of hazardous materials or substances stored in the primary containment shall be inspected to ensure that none of the hazardous material or substance has entered the secondary containment. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be required by the city.

(c)

Containment requirements. Primary and secondary levels of containment shall be required for all storage systems intended for the storage of hazardous materials and substances, except as provided in sections 114-364 and 114-465.

(1)

All primary containment shall be product-tight.

(2)

Secondary containment:

a.

All secondary containment shall be constructed of materials of sufficient thickness, density and composition as not to be structurally weakened as a result of contact with any discharged hazardous materials or substances. Leakproof trays under containers, floor curbing or other containment systems to provide secondary liquid containment shall be installed. The secondary containment shall be of adequate size to handle 110 percent of the volume of the largest container in order to contain all spills, leaks, overflows, and precipitation until appropriate action can be taken. The specific design and selection of materials shall be sufficient to preclude any hazardous material or substance loss to the external environment. Secondary containment systems shall be sheltered so that the intrusion of precipitation is inhibited. These requirements shall apply to all areas of use, production and handling, to all storage areas, and to aboveground and underground storage areas.

b.

Vacuum suction devices, absorbent scavenger materials or other devices approved by the city shall be present on the site prior to occupancy and use of the storage system. To the degree feasible, emergency containers shall be present and of such capacity as to hold the total quantity of hazardous materials or substances, plus absorbent material.

c.

Procedures shall be established for periodic in-house inspection and maintenance of containment and emergency equipment. Such procedures shall be in writing and posted in a conspicuous place in the workplace. A regular checklist and schedule of maintenance shall be established and a log shall be kept on inspections and maintenance. Such logs and records shall be kept on the site for inspection by the city.

(d)

Out-of-service storage systems.

(1)

Storage systems which are temporarily out of service and are intended to be returned to use shall continue to be monitored and inspected.

(2)

Any storage system which is not being monitored and inspected in accordance with this division shall be closed and removed in a manner approved by the city.

(3)

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 property owner at a reasonable time as determined by the city.

(e)

Maintenance, repair or replacement.

(1)

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

(2)

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.

(3)

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

(LDC 1997, ch. 17, § 1.08)

A stop work order shall be issued by a code enforcement officer for a violation of this division if the owner or operator of a storage system declines to cooperate with the city in correcting or cleaning up an unapproved discharge or spill of a hazardous material or substance.

(LDC 1997, ch. 17, § 1.09)

(a)

Groundwater in the state is relatively close to the surface and vulnerable to contamination by septic tanks.

(b)

Improperly installed and maintained systems can contribute to pollution and degradation of groundwater.

(c)

The recharge of the state's aquifer by septic systems is potentially beneficial, provided that effluent is properly treated before reaching the groundwater.

(LDC 1997, ch. 17, § 1.10)

(a)

Septic systems shall be installed consistent with the requirements of F.A.C. ch. 64E-6, or as amended. Density limitations will be related to the comprehensive plan and F.A.C. ch. 64E-6, minimum standards.

(b)

Septic systems shall be installed consistent with the comprehensive plan. Septic system density shall be limited within the wellfield protection zones to those identified by the comprehensive plan.

(c)

Septic systems may not be within 200 feet of a public water supply well unless otherwise varianced by FDEP, DOH or SJRWMD. All variances are generally agreed upon by FDEP or DOH in cooperation with the WMD.

(d)

All septic systems shall be properly maintained.

(LDC 1997, ch. 17, § 1.11)

The construction, repair or abandonment of any water well shall be performed in a manner that prevents saline degradation of perforated geologic strata and protects groundwater. Salinity problems are not an issue in the city. However, the improper construction of wells not meeting F.A.C. 40C-3 standards or F.A.C. 62-524 standards may impact groundwater.

(LDC 1997, ch. 17, § 1.12)

(a)

The construction, repair, use or abandonment of any water well must be performed in accordance with the appropriate regulations of city, federal, state, and regional agencies, including, but not limited to, F.S. ch. 373, part II, and F.A.C. chs. 62-20, 62-22, 62-28 and 62-61, 62-531, 62-532, 62-550, 62-555, 62-524, 40C-3 and 62-560, or as amended. Further, a St. Johns River Water Management District permit, and the applicable permits from any other applicable regulatory bodies, must be obtained prior to the construction or use of a water well. Additionally, an approved reduced pressure backflow preventer (R.P.B.P.) shall be installed in accordance with chapter 70 (Utilities) of the City of Minneola Code of Ordinances for each well connection.

(b)

The construction, repair, use or abandonment of any water wells shall be consistent with the comprehensive plan in accordance with the minimum standards set forth by F.A.C.

(c)

It shall be unlawful for any person to strike, sink, or drill any well within the limits of the city without first securing all permits required by F.S. ch. 373, parts II and III, or as amended, F.A.C. regulations and the city.

(LDC 1997, ch. 17, § 1.13; Ord. No. 2010-26, § 3, 1-4-2011)

(a)

Unlawful connections to wells. It shall be unlawful for any person other than an existing franchise to connect to any well in the plumbing of any house or building except where service is not available from the city or other existing, permitted water supply source.

(b)

Unlawful connections to water lines. It shall be unlawful for any person to make any connection into any water lines connected with the supply system of the city, either upon public or private property, or for the owner, agent, tenant, manager or any person having interest in the property to make any such connections between water lines of the waterworks system of the city and any well.

(c)

Proximity to septic tanks, drainfields, and sewers. No potable well shall be drilled or dug within 75 feet of any active septic tank or active drainfield, or within ten feet of a sewer line. The distances for nonpotable water and public system wells shall be 50 feet and 200 feet, respectively, or as provided in F.A.C. 64E-8 and 40C-3.

(LDC 1997, ch. 17, § 1.14; Ord. No. 2010-26, § 3, 1-4-2011)

The city, through its officers, agents, and employees, shall have at all times the right of access to any property upon which a well is located for the purposes of inspection of such well under the terms of this division.

(LDC 1997, ch. 17, § 1.15; Ord. No. 2010-26, § 3, 1-4-2011)