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

It is hereby unlawful for any person to engage in any activity which will remove, fill, drain, dredge, clear, destroy, or alter any wetland or buffer, without obtaining a minor engineering permit or a development plan approval.

(a)

Application procedure. Application shall be made as part of the application for development plan approval, when applicable, or on a separate form provided by the city. Application submittal shall include the following information:

(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)

A survey of the property which delineates existing structures, pavement, adjacent streets, and other improvements.

(3)

A sketch, map or survey with the type and extent of wetland areas mapped to scale, or a copy of any previously submitted permit application to other agencies depicting the subject wetlands.

(4)

For projects impacting one-half acre or more of wetlands, a wetland management plan that shall contain sufficient information for the city to evaluate the environmental characteristics of the wetlands, the potential and predicted impacts of the proposed activities on wetlands, and the effectiveness and acceptability of those measures proposed by the applicant for reducing adverse impacts. The wetland management plan should include but not be limited to a detailed analysis of the following:

(a)

A description of all water bodies, watercourses, and wetlands on-site, and a general description of wetlands immediately adjacent to the site.

(b)

A description of the upland habitats on the site.

(c)

A site survey drawn to a scale no greater than one inch equals 50 feet (1″ = 50′) which identifies the landward extent of the wetland boundaries, wetland buffer zones, existing and proposed conservation areas, and adjacent off-site conservation areas.

(d)

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

(e)

A detailed analysis of on-site and/or off-site mitigation areas, if applicable.

(f)

A plan for the control of erosion and sedimentation which describes, in detail, the type and location of control measures, and provisions of maintenance.

(g)

A detailed description of the methods to be utilized in meeting the specific design and review criteria of this article.

(h)

A wetland management plan shall not be required as part of the application for the following activities:

(1)

A private dock for a single-family residence whose total area does not exceed 500 square feet.

(2)

A private boat ramp for a single-family residence which does not exceed 15 feet wide and does not require any filling.

(3)

Construction of a seawall in a man-made canal where the seawall will be connected to existing seawalls on adjacent properties.

(4)

Restoration of existing and functioning structures.

(5)

Copies of permit application made to all federal, state and regional agencies with jurisdiction over wetlands on the site.

(b)

Standards of review. The application shall be reviewed based on the following criteria:

(1)

The ability of the wetland to receive, store and discharge surface water runoff so as to contribute to hydrological stability and control of flooding and erosion;

(2)

The ability of the wetland to recharge the groundwater as demonstrated by reliable available information;

(3)

The ability of the wetland to provide filtration and nutrient assimilation from surface water runoff;

(4)

The ability of the wetland to provide habitat and significant ecological function in the life cycle for fish, wildlife, or other forms of animal or plant life;

(5)

The ability of the wetland to function as an integral part of any waters, water body, or watercourse;

(6)

The cumulative impacts of the proposed development on the wetland system in combination with other developments which have been or shall be proposed in the same drainage basin;

(7)

The technical feasibility of any proposed wetland mitigation plans and the likelihood of their success in restoring or replacing the environmental benefit altered by the development;

(8)

The capacity of the existing wetland to provide environmental benefits because of such factors as maturity, size, degree of prior alteration, physical relationship to other water systems, and adjacent land uses;

(9)

The degree or magnitude of the impact of the proposed alteration on the wetland and how such impact shall be minimized through mitigation measures, either off-site or on-site, or both, and recommendations concerning the appropriate location of such mitigation; and

(10)

Whether, and the extent to which, a proposed project must be located within a wetland or water body in order to perform the project's basic functions.

(c)

Permit issuance. All permits shall be deemed to incorporate the general and specific conditions of permits issued by federal, state or regional agencies that are within the substantive purview of this article. Where such permits are deemed to completely address the requirements of this article, there may be no additional conditions placed by the city. Issuance of a development permit pursuant to a development order shall be considered to include the issuance of the related wetlands alteration.

On applications not tied to development projects requiring development plan approval, the city shall have two weeks to determine the sufficiency of the application. The applicant shall be notified in writing of any discrepancies in the application. Once a complete application is accepted, the city shall have 30 days to review the application, and to approve, approve with conditions, or disapprove the permit.

(Ord. No. 2023-18 meeting, § 3, 12-12-23)

Application for a minor engineering permit shall meet the following wetlands protection standards:

(a)

There shall be no net loss of wetland function, and wetlands shall be protected or used in a manner that does not adversely impact their beneficial functions.

(b)

Wetlands shall be protected from sedimentation during development activities.

(c)

Where impacts on wetlands are determined to be unavoidable, mitigation shall be required based on the criteria of section 4 of this article.

(d)

Wetlands shall be buffered through preservation or planting of a suitable width of upland vegetation, based on the criteria of section 5 of this article.

(Ord. No. 2023-18 meeting, § 3, 12-12-23)

The purpose of mitigation is to offset unavoidable environmental impacts upon wetlands. Mitigation plans should maximize the preservation of existing natural resources, consider the function of those resources, and provide comparable functions after mitigation is complete.

(a)

Mitigation plans shall consider the following methods, in order of priority in which they should be utilized:

(1)

Avoiding the impact altogether by not taking a certain action or part of an action.

(2)

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

(3)

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

(4)

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

(5)

Compensating for the impact by replacing or providing substitute resources or environments through the creation of new wetlands, enhancement of existing wetlands, or re-establishment of wetlands which are no longer functioning due to significant alteration in the past.

(b)

Where all or part of a wetland, including the required 25-foot wide wetland buffer, is proposed to be destroyed or substantially altered by development, an acceptable mitigation plan shall include at least:

(1)

Replacement of the same type of wetland on at least a one to one (1:1) ratio unless the value of the wetland based on its functional value is determined to warrant a greater or lesser ratio. There should be like kind replacement, i.e., saltwater system for saltwater system, freshwater for freshwater, where practicable.

(2)

Specific design requirements based upon conditions of the site and the type of wetland to be created or restored, including existing and proposed plant species, plant density, anticipated source of plants, soils, and hydrologic regime.

(3)

Periodic monitoring to remove exotic or nuisance vegetation.

(4)

Monitoring and replacement to assure a survival rate of 80 percent area ground cover of desired species of wetland vegetation after three years.

(5)

An upland habitat as an adjacent buffer on mitigated sites.

(6)

Suitable posting of mitigation areas to preclude their disturbance or destruction during the initial planting period.

(c)

An acceptable mitigation plan shall be reasonably and technically feasible. Mitigation through restoration of other degraded wetlands is preferred over wetland creation.

(d)

Mitigation should take place on site or in close proximity thereto, or in areas which shall be designated by the city as suitable for off-site mitigation.

(e)

An applicant that carries out a compensatory mitigation plan shall grant a conservation easement on the newly created or restored wetland and buffer to the city and any other permitting agency with such a requirement, to protect it from future development. An alternative legal mechanism to assure such protection may be approved in specific cases.

(f)

A mitigation plan approved by a federal, state or regional agency may be presumed to be acceptable to the city, provided however, if no such mitigation plan is required by the approved permit from such other agency, then the city may require a mitigation plan in compliance with this article.

(g)

Mitigation should not contribute to the production of mosquitoes by creating mosquito larva habitats or by eliminating habitats for predatory fish.

(Ord. No. 1992-29, 11-3-92)

A buffer of not less than 25 feet in width shall be established adjacent to and surrounding all wetlands. The buffer shall meet the following design criteria:

(a)

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. In addition, a minimum of 20 feet must be maintained between the buffer boundary and the rear of any attached or detached single-family or duplex unit. Special setback lines may have to be delineated to meet these requirements.

(b)

Activities or construction which do not have a significant adverse effect on the natural function of the buffer may be allowed within the buffer. Such activities or construction include the creation and maintenance of walking trails and limited decks and catwalks.

(c)

Only native species vegetation may be planted in buffer areas. Vegetation may be pruned in order to provide for vistas or clearance from walkways. Exotic and nuisance pioneer plant species may be removed.

(d)

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

(e)

Where required buffer areas have been previously cleared, they shall be replanted with native vegetation of similar type and density to adjoining uncleared buffer areas, or, if all adjoining buffer areas have been cleared, then buffers adjacent to similar wetlands in other locations will be used to determine the necessary replanting criteria.

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

(a)

Nonmechanical clearing of wetland or buffer vegetation from an area of 1,500 square feet or less.

(b)

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

(c)

Cleared walking trails having no structural components.

(d)

Timber catwalks and docks four feet wide or less.

(e)

Utility crossings.

(f)

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

(g)

Bonafide mosquito control activities reviewed by the technical subcommittee on managed marshes.

(h)

Wetlands one-half acre or smaller, provided, however, if the entire wetland exceeds this threshold for exemption, whether on one or more lots, then the entire wetland is subject to regulation as otherwise provided in this article.

(i)

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

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

(a)

Where unauthorized clearing of wetlands or required buffers has taken place, a restorative mitigation plan shall be submitted within 30 days of formal notice of violation. The plan shall be reviewed based on the criteria of this article, except that all such mitigation shall be done on a two for one (2:1) ratio of wetlands function.

(b)

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.

(c)

A stop work order shall be issued for all sites in violation where any construction has been previously authorized. No further city permits shall be issued for the subject site, nor any attendant inspection made, until such violations are corrected or a restoration mitigation plan has been approved. This shall include a certificate of occupancy for any attendant structure.

(d)

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 will be reported in writing to the appropriate agency.

(e)

Where mitigation plantings have not been properly maintained or have died, suitable replacement and maintenance shall be required as part of the Commercial Property Standards Code or as a direct violation of this article.

Variances and appeals to this article shall be considered as follows:

(a)

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.

(b)

Minor technical variances, where clearly within intent of this article, may be authorized by the department.

(c)

Variances shall be considered based on the procedures of chapter 19.

(d)

Appeals shall be considered based on the procedures of chapter 3.

The purposes of this article are to: 1) acknowledge the environmental benefits of trees and natural vegetation, 2) prohibit the destruction of natural vegetation until a development plan, or other specific plan for interim land management plan has been approved, and 3) provide specific criteria for allowable clearing and grading activities as they affect tree preservation.

Act of God. An act that is direct, immediate, and by exclusive operation of the forces of nature, uncontrolled and uninfluenced by the power of man and without human intervention and is of such a character that it could not have been prevented or escaped from by any amount of foresight or prudence, or by any reasonable degree of care or diligence, such as lightning, tempests, perils of the seas, tornadoes, earthquakes, sudden death.

Caliper. The minimum trunk diameter of a replacement tree as measured at a predetermined required point of measurement. Trunk diameter for trees up to four inches shall be measured six inches above the soil line. All trees over four inches in diameter shall be measured 12 inches above the soil line.

Cross sectional area.

(Pi d ² )/4

d = diameter of tree (measured at diameter at breast height (DBH))

Pi = 3.1417 (rounded)

Dead tree. A tree which has lost its ability to absorb nutrients and has ceased producing live foliage or green wood during its normal growing season.

Deteriorated tree. A tree which is degenerated or damaged to the point where the death of the tree is imminent or to the point where the tree poses a significant hazard.

Diameter at breast height (DBH). Trunk diameter of tree measured four and one-half feet above soil level. If a tree forks within four and one-half feet of the soil line, each fork shall be considered a separate tree.

Diseased tree. A tree which is degenerated or damaged by a biological pathogen or pest to the point where the death of the tree is imminent or to the point where the tree poses a significant hazard.

Drip line. A line extending vertically and at right angles between the outermost portion of the tree crown and the ground.

Hatracking/topping. To flat-cut the top of a tree or drastic removal, severing the leader or leaders; or pruning a tree by stubbing off mature wood; or reducing the total circumference or canopy spread not in conformance with the American National Standards Institute, A-300 standards or other accepted standards as published.

Historic tree. Any Live Oak (Quercus virginiana) or Bald Cypress (Taxodium distichum) 36 inches DBH or greater or any other tree which is 36 inches DBH or greater and is determined by the local governing body to be of such unique and intrinsic value to the general public because of its size, age, historic association, or ecological value as to justify this classification. Any tree in this city selected and duly designated a Florida State Champion, United States Champion or a World Champion by the American Forestry Association shall likewise be within this definition.

Mitigation. Actions, including, but not limited to, planting of replacement tree(s) and/or contribution to a tree bank, required to be taken by a person to offset environmental impacts of permitted activities.

Replacement tree. A tree of Florida Grade No. 1 or better quality, with a caliper and minimum height as determined by section 15(b) for replacement of trees other than historic and section 16.5 for replacement of historic trees. Replacement trees must be of a species on the approved tree list established by city Resolution as may be amended from time to time.

Remove or removal. Actual or effective displacement of trees through killing, damaging or destroying.

Specialist. Person certified by the International Society of Arboriculture or having a degree in forestry management, horticulture or landscape architecture and having worked in the field of tree maintenance for at least four years.

Specimen tree. Species listed in section 16(a).

Tree. Any woody self-supporting plant characterized by having a single trunk or multistem trunk system with well-developed crown, capable of reaching ten feet high as measured from its base.

Tree bank. City account for purchase and installation of trees and irrigation in city parks, rights-of-way, and public open spaces.

(Ord. No. 2002-36, § 1, 9-17-02; Ord. No. 2020-28, § 1, 9-15-20)

(a)

It is hereby unlawful for any person to cut down, move, remove or destroy through damaging or to authorize the same, of any tree or natural vegetation referenced in this article without obtaining a tree removal permit in accordance with the provisions of this article. Failure to obtain a permit for tree removal may subject the party to penalties as set forth in section 22.6.

(b)

It is hereby unlawful for any person to change or modify the grade of any land without obtaining a minor engineering permit in accordance with the provisions of chapter 10, article I. Where both clearing and changing of grades are proposed, the permit requirements of chapter 10, article I shall apply, in addition to the standards of this article.

(c)

Tree removal permits for historic trees may only be approved by the city council. Historic trees shall be deemed specimen trees for purposes of the requirements of this article, and shall comply with the requirements for specimen trees except that the additional specifications set forth in subsection 16.5 of this chapter shall apply to removal and replacement of historic trees.

(d)

The following procedure shall apply for tree removal on unsubdivided property or subdivided lots with no approved development or building plan:

(1)

Application procedure. Application shall be made to the department on an appropriate form provided for that purpose. Application submittal shall include the necessary drawings or documents to show the following:

(a)

All existing trees six inches or greater at DBH; other vegetation depicted by canopy area or spread with average density height and trunk dimensions; the trees and vegetation to be removed shall be clearly noted and all specimen and historic trees proposed for removal shall be individually noted.

(b)

The name, address and telephone number of the applicant to which all notices and communications relating to such application may thereafter be sent, as well as a brief statement describing the need for, and intent of the proposed work.

(2)

Standards of review. The application shall be reviewed on the following criteria:

(a)

The extent to which the actual or intended use of the property requires removal, cutting down or destruction of trees.

(b)

The desirability of preserving any tree by reason of its size, age, or some other outstanding quality, such as uniqueness, rarity or status as an historic or specimen tree.

(c)

The extent to which the area would be subject to increased water runoff and other environmental degradation due to removal of the trees and vegetation.

(d)

The heightened desirability of preserving or enhancing tree cover in densely developed populated areas.

(e)

The need for visual screening in transitional areas, or relief from glare, blight, commercial or industrial unsightliness or any other affront to the visual or aesthetic sense in the area.

(Ord. No. 1999-4, § 3, 2-16-99; Ord. No. 2002-36, § 2, 9-17-02; Ord. No. 2020-28, § 1, 9-15-20; Ord. No. 2023-18 meeting, § 3, 12-12-23)

The approval of subdivision development plans and subsequent issuance of a development permit shall authorize all clearing necessitated by the installation of the approved public improvements or other work as specifically depicted on the plans. However, all soil and tree preservation measures required by this code shall be applicable to subdivision construction. The implementation of these measures shall be agreed upon during the preconstruction meeting, including necessary inspections.

Subsection 5, chapter 3 of this code shall apply with respect to the removal of trees and vegetation in connection with an approved site plan.

(Ord. No. 1995-43, § 42, 12-19-95; Ord. No. 2012-16, § 6, 12-11-12)

Tree and vegetation removal from single- and two-family lots shall be permitted in accordance with section 5.5, chapter 13 of this code. However, if any tree to be removed is located within a conservation easement, the requirements of section 19 of this chapter shall prevail. In addition, historic tree removal and replacement shall require approval by city council and shall be in accordance with section 16.5 of this chapter.

(Ord. No. 1992-29, 11-3-92; Ord. No. 1993-58, 1-18-94; Ord. No. 1994-44, § 1, 1-17-95; Ord. No. 1995-43, § 43, 12-19-95; Ord. No. 2002-36, § 3, 9-17-03)

The following tree preservation measures shall be implemented on all construction sites as applicable.

(a)

Clearing procedures. The owner or developer shall be responsible for insuring that all possible measures are taken during the clearing process to avoid damage to trees and vegetation designated to remain after construction. This shall include use of hand labor rather than large machinery where necessary to protect trees to be preserved. All felled material shall be promptly and carefully removed from the site in order to avoid potential damage to remaining trees and vegetation and the harboring of insects and rodents.

(b)

Protective barricades. Protective barricades shall be constructed around all trees and vegetation designated to remain. These barricades shall be located at the edge of construction or the dripline of the trees or vegetation, whichever is closer, and shall be approximately three to four feet in height. The barricade should be rigid and sturdy enough to survive the construction period, however, any suitable new or scrap material may be used in its construction. Absolutely no fill, building materials, trash or other objects shall be placed inside these barriers. If fill is deposited adjacent to these areas, a suitable temporary or permanent straining structure shall be constructed to prevent siltation of the barricaded area.

(c)

Construction of tree wells. Tree wells of an approved design shall be constructed around all trees where over six inches of fill is proposed within the dripline area. Design shall generally be as specified in the Tree Protection Manual for Builders and Developers, published by the Florida Department of Agriculture and Consumer Services, Division of Forestry, latest edition. Specific details shall be approved by the city and where deemed appropriate, in consultation with the county forester.

(d)

Use of alternate surfaces in traffic areas. Where traffic areas are proposed at or near natural grade, alternate pervious surfaces such as "Turf-block" may be required in tree dripline areas. Specific details shall be approved by the city and, where deemed appropriate, in consultation with the county forester.

(e)

Excavations. Swaling and minor negative grade changes should be designed around the dripline area to the greatest extent possible. Piping should be used where deep swales or ditches would require significant grade changes adjacent to specimen trees. Trenching of any tube should be avoided in the dripline area. Where underground installations are required adjacent to the trunks of specimen trees, tunneling should be used. When trenching or tunneling near trees to remain, protective measures should be taken as specified in the Tree Protection Manual for Builders and Developers.

(a)

Minimum number of trees. In connection with the new construction on any lot or parcel, each lot shall contain a minimum of one tree for every 2,500 square feet of lot area (rounded to the nearest whole number). Specific landscaping requirements of chapter 13 or other sections of this code may exceed these requirements. If the lot contains an insufficient number of existing trees to meet either requirement, replacement trees shall be provided.

(b)

Replacement tree specifications. Replacement trees for multifamily, commercial, industrial and institutional lots or parcels shall be a minimum size of four-inch caliper, 14 feet high. Replacement trees for single-family and two-family lots subsequent to the issuance of a certificate of occupancy shall be a minimum size of two-inch caliper, ten feet high. The city council shall adopt by resolution a list of accepted replacement tree species.

(Ord. No. 1994-44, § 2, 1-17-95; Ord. No. 1999-4, § 4, 2-16-99; Ord. No. 2002-36, § 4, 9-1-7-03; Ord. No. 2007-63, § 1, 1-15-08)

(a)

Definition of specimen trees. The following species of trees with the minimum specified diameter at breast height are determined to be specimen trees in the city:

(b)

Required preservation. All specimen trees not exempted by this article shall be preserved and protected by the use of tree conservation easements granted to the city. For the purpose of platting new residential subdivisions, tree conservation easements are to be contained wholly on common area maintained by an HOA and never located on an individual residential lot. Said common areas shall be contiguous to a public right-of-way or access easement to ensure public and/or resident benefit or enjoyment. Existing residential properties with tree conservation easements are not required to mitigate for the loss of protected trees that have died or have been destroyed by acts of God. The number of specimen trees required to be preserved on a site shall be determined according to the schedule below. Any specimen tree removal as part of a development application shall require a mitigation payment as specified in subsection 19(f) of this chapter or installation of replacement trees as specified in subsection 19(b) of this chapter. The minimum size of such easement shall be one foot diameter for every one inch diameter at breast height or the dripline of the tree, whichever is greater, unless otherwise approved by the administrative official. A greater size may be required based on canopy size, soil conditions, or other factors that would affect the long-term health of the tree.

(c)

Required replacement. The administrative official may allow replacement of specimen trees in cases where such trees are diseased or dead. In such cases, the developer may replace the trees according to the city's tree replacement formula specified in subsection 19(b) of this chapter, or may make a contribution to the city's tree bank based on the tree banking formula listed in subsection 19(f). Replacement trees allowed under this subsection shall not count toward individual lot requirements. Specimen trees left unprotected by a conservation easement shall not count toward the required specimen tree protection requirements.

(d)

Tree survey/all development applications. A tree survey shall be required for all development applications. The tree survey shall locate all trees having a caliper of six inches or greater at DBH which are species of specimen trees. The tree survey shall also identify all other trees having a caliper of six inches or greater at DBH which are located within required landscape buffers, along rights-of-way, and within required perimeter buffers. If an area is to be maintained as a natural buffer and will remain undisturbed and located in a designated tree preservation area or conservation easement, then this area may be exempt from the tree survey requirements.

(Ord. No. 1994-44, §§ 2, 3, 1-17-95; Ord. No. 1995-43, § 44, 12-19-95; Ord. No. 1999-6, §§ 16, 17, 2-23-99; Ord. No. 2002-36, § 4, 9-1-7-02; Ord. No. 2007-63, § 2, 1-15-08; Ord. No. 2011-27, § 4, 10-25-11; Ord. No. 2019-15, § 1, 4-16-19)

(a)

Upon receipt of an historic tree removal permit application city staff shall inspect and determine whether or not a historic tree is healthy, deteriorated, diseased or dead. If the applicant is in disagreement with staff's determination as to the health of the tree then staff shall hire a specialist to determine whether the tree is healthy, deteriorated, diseased or dead. The specialist shall report to staff and not the applicant. However, the applicant shall pay the cost of the specialist. Any objections to the choice of specialists shall be heard by the environmental advisory board. On a finding of bias or other valid reason the environmental advisory board shall disqualify the specialist and choose another specialist. The new specialist shall report to staff and not the applicant. The applicant shall pay for the disqualified specialist and the new specialist.

(b)

Removal of historic trees on multifamily, commercial, industrial and institutional lots or parcels shall be mitigated by the party removing the trees with replacement trees or by a contribution to the tree bank or a combination of replacement trees and a contribution to the tree bank.

(1)

Historic trees which are not diseased, deteriorated or dead shall be mitigated in an amount as established by resolution by city council. If a tree is removed without city staff having an opportunity to inspect the tree to determine whether the tree is healthy, deteriorated, diseased, or dead, then the tree shall be considered healthy and shall be mitigated in amount as established by resolution by city council. Failure to obtain a permit for tree removal may subject the party to penalties as set forth in section 22.6.

(2)

Historic trees that are determined to be deteriorated and/or diseased shall be mitigated in an amount as established by resolution by city council.

(3)

Historic trees determined to be dead by city staff or a specialist as proscribed in part (a) above shall require no mitigation.

(4)

Replacement trees shall be a minimum of four and one-half-inch caliper measured 12 inches above the ground, at least 14 feet in height at time of planting.

(5)

The environmental advisory board (EAB) may recommend mitigation requirements for historic tree removal, provided by city staff, based upon the resolution adopted by city council. In the interest of flexibility and fairness, the environmental advisory board (EAB) may allow a party to mitigate the replacement of a historic tree through any combination of replacement trees, and/or contribution to the city's tree bank provided that the combination equals or exceeds the required percentage of the total cross sectional area of the removed historic tree as established by resolution by city council.

(6)

The city council shall establish by resolution the amount of replacement trees which shall be planted or the amount of money which shall be deposited in the tree bank in order to mitigate for removal of various sizes of historic trees.

(c)

Historic trees on single-family and two-family lots that are approved for removal by city council shall be replaced whenever the proposed removal will result in less trees than required for single and two-family residences as outlined in chapter 13. Replacement trees for historic trees on single-family and two-family lots shall be a minimum of two-inch caliper, at ten-feet in height. Failure to obtain a permit for tree removal may subject the party removing the tree(s) to penalties as set forth in section 22.6.

(d)

City staff or an authorized representative of the city may allow removal of a historic tree in an emergency prior to city council approval in cases where such trees are diseased, dead, deteriorated or damaged by fire, windstorm, lightning, or other acts of God, and pose imminent danger to life or property. Whether a historic tree is diseased, dead, or damaged by fire, windstorm, lightning, or other acts of God shall be determined according to the process under part (b) of this section. In such a case, the item would go before city council after the fact, and mitigation would require approval by the environmental advisory board for lots other than single or two-family residential.

(Ord. No. 2002-36, § 5, 9-17-02; Ord. No. 2020-28, § 1, 9-15-20)

Fifteen percent of the square footage of any development shall be designated for the protection of existing trees. The area required to protect specimen trees may be included to satisfy this requirement. This required area may be constituted as one or more subareas within the development. This area may include required landscape buffer or other landscape areas. Such designated areas shall contain sufficient land area to comply with minimum tree protection standards to adequately protect the trees contained within the areas. A minimum of 50 percent of the required minimum number of trees, as provided in section 15(a) of this article, shall consist of existing trees within said area. This requirement may be waived or modified if the development contains an insufficient amount of existing trees to meet this requirement or if the modification of this requirement is warranted by specific on-site conditions.

Except for any exemptions contained in section 21 of this article, all trees relocated, replaced, or existing within the terms of the article shall be replaced in the event said trees expire. If the development otherwise contains trees which meet the minimum requirements of this code, the city may waive the replacement requirements. To insure survival of trees, the city shall enforce the provisions of the Tree Protection Manual for Builders and Developers or other comparable protection requirements.

(Ord. No. 1993-58, 1-18-94)

(a)

In general. In order to maintain the wooded and natural character of the city and provide for perpetual reforestation of the urban forest, the replacement of trees removed from the site after final acceptance or issuance of a certificate of occupancy shall be required. Such replacement shall apply to all development excluding single-family dwellings, two-family dwellings, and structures of up to four dwelling units in planned unit developments.

(b)

Replacement schedule for trees which are not historic trees. Replacement trees shall be provided in accordance with the following schedule.

(c)

Replacement species and size. Historic and specimen trees to be removed shall be replaced with the most similar species listed in section 15(b) of this article. The minimum specifications for replacement of specimen trees shall be in accordance with the same section. The minimum specifications for historic tree replacement shall be in accordance with section 16.5 of this chapter.

(d)

Replacement location. Replacement trees should be planted in the same location as the original tree, wherever possible. Replacement trees planted in areas other than the original location shall be accessible to irrigation or hand watering to ensure survival.

(e)

Tree bank. The city finance director shall establish a separate project account for the tree bank for the deposit of mitigation payments as required in chapter 9, article II. All monies deposited for use as specified in section 19(e) of this article, shall be deposited in a separate project account established and maintained apart from other project accounts of the city. The funds in said account shall be expended, utilized and disbursed for the planting of trees, and to cover any other ancillary costs including, but not limited to, landscaping, sprinkler systems, labor, consultant services and other services or materials necessary and proper for the preservation, maintenance, relocation or restoration of tree ecosystems on any public land within the jurisdiction of the city, and to fund educational outreach programs and tree giveaways for residents and business owners of the city, as established by resolution. These monies may also be utilized to purchase land intended for conservation, tree preservation or public open space.

(f)

Tree mitigation. A mitigation payment into the city's tree bank shall be required based on the tree banking formula listed below for all specimen trees removed from a development project (site or subdivision) and any tree removed from a required property boundary or right-of-way buffer that is six inches or greater in DBH that is not otherwise being replaced pursuant to section 19(b).

Tree Banking Formula
12.57 square inches × number of replacement trees × accepted national value per square inch

(Ord. No. 1993-58, 1-18-94; Ord. No. 2002-36, § 6, 9-17-02; Ord. No. 2007-63, § 3, 1-15-08; Ord. No. 2019-15, § 1, 4-16-19; Ord. No. 2022-5, § 1, 4-5-22)

Tree and vegetation replacement for existing single- and two-family lots shall be provided in accordance with section 5.5, chapter 13 of this code. However, if any tree to be removed is located within a conservation easement, section 19 of this chapter shall prevail. Historic tree removal and replacement shall require approval by city council and be in accordance with section 16.5 of this chapter.

(Ord. No. 1999-6, § 18, 2-23-99; Ord. No. 2002-36, § 7, 9-17-02)

The city shall issue a stop work order to any person found in the act of cutting down, destroying, damaging or removing trees in violation of this article.

(a)

Generally. Tree abuse is prohibited. Abused trees may not be counted toward fulfilling landscape requirements. The city may require the abused trees to be replaced in accordance with chapter 9, article II, of this code. Abused trees may subject the party removing the trees to penalties as set forth in section 22.6.

(b)

Prohibited acts. A tree shall be considered abused if a person takes an action so that one of the following occurs:

(1)

Cutting upon a tree which alters the natural shape.

(2)

Hatracking/topping as defined in chapter 9, article II, of this code.

(3)

Trimming of more than one-third of the tree canopy within a one-year period.

(c)

Exceptions. Exceptions to this section are as follows:

(1)

Understory trees and any trees listed on the most recent edition of the Florida Exotic Pest Plant Council Invasive Plant List are not protected by this section.

(2)

Utility line clearing in conformance with ANSI A-300 and ANSI Z133.1 safety standards and National Electrical Safety Code clearances does not constitute tree abuse.

(3)

Trees severely damaged by hurricane, windstorm, flood, lightning or other natural phenomena does not constitute tree abuse.

(d)

Any party found to have abused any tree as described above shall be required to submit a tree removal permit application and either replace said tree and/or pay a mitigation fee to the City Tree Bank as set forth in section 22.6.

(Ord. No. 2020-28, § 1, 9-15-20)

The following activities are exempt from the permitting and review process of this article unless the tree being removed is a historic tree. A historic tree shall not be exempt from the permitting and review process of this article:

(a)

The removal of trees damaged by fire, windstorm, lightning, or other acts of God, which pose imminent danger to life or property.

(b)

The removal of trees specifically grown as landscape material for resale, including all licensed nurseries and botanical gardens.

(c)

The removal of species considered to be invasive. The city council shall adopt by resolution a list of invasive species.

(d)

The removal of trees that are dead.

(e)

The removal of trees, except historic trees, within State of Florida owned lands as authorized in an amendment or an addendum to the Doris Leeper Spruce Creek Preserve Land Management Plan to include the habitat restoration plan and to be implemented consistent with the buffer plan as shown on Exhibit A and as follows:

(1)

Maintain the vegetation within the trail buffers along Zone A to a minimum of 50 feet and in some places 100 feet depending on the biology of the area; and

(2)

Maintain the northern trails for all habitat restoration areas 300 feet from the bluff adjoining Spruce Creek; and

(3)

Maintain the vegetation within the trail buffers within Zone B for the eastern trail to at least 25 feet; and

(4)

Maintain the existing 7/10 trail in Zone C with 25-foot vegetated buffers on both sides and a maximum vegetation height of 15 feet during the construction and until completion of an enhanced trail along the southern boundary of Zone D; and

(5)

Maintain meaningful opportunity for inclusion and participation of all interested persons, in the development of a master trail plan for the Doris Leeper Spruce Creek Preserve Management Plan.

(Ord. No. 2002-36, § 8, 9-17-02; Ord. No. 2007-63, § 4, 1-15-08; Ord. No. 2012-35, § 1, 1-22-13)

(a)

Restoration plan required. All violations of this article involving the unauthorized removal of trees and vegetation shall require the land owner to file a restoration plan as provided for below.

(b)

Referral to special magistrate. Other violations of this article involving reversible conditions may be referred to the special magistrate as outlined in chapter 3.

(c)

Stop work order. A stop work order shall be issued for all sites in violation, upon which construction has been authorized. No further city permits for the subject property or project shall be issued, or attendant inspections completed, until such violations are corrected or a restoration plan has been accepted by the city. This shall include the certificate of occupancy for the attendant structure.

(d)

Restoration plan criteria. When unauthorized removal of trees or vegetation has occurred, the owner or developer shall submit a restoration plan within 30 days after being cited for such violation. All restoration plans involving removal of specimen trees on raw land without development approvals, or those specimen trees specifically designated for preservation, shall be approved by the city council. Other restoration plans may be approved by the department.

In evaluating a proposed restoration plan, the city shall consider the following:

(1)

The cross-sectional area of trunk(s) removed.

(2)

The specific aesthetic character of the material removed.

(3)

Any special function the material carried out as a screen or buffer.

(4)

The amount of other natural material preserved on the site, and the opportunities for planting additional materials.

The primary consideration of the restoration plan shall be to return the affected portion of the site to its natural state, or, if that is impossible, to mitigate the negative effects of the violation over the entire site to the greatest extent possible. The implementation of the plan shall be inspected by the city, and the city may require any guarantees deemed necessary to insure the maintenance and survival of the implemented restoration plan.

(Ord. No. 2019-8, § 13, 8-20-19)

(a)

In general. The administrative official may grant administrative variances from the specimen tree protection requirements and area tree protection requirements prescribed in sections 16 and 17 of this chapter in accordance with this section.

(b)

Application for administrative variance. Application for administrative variance shall be made on the appropriate form provided by the department for that purpose, and shall be accompanied by the appropriate review fee.

(c)

Review criteria. When reviewing any variance request, the administrative official shall consider the following:

(1)

The extent of the variance requested. In no case shall an administrative variance be granted when such variance proposes the removal of more than five specimen trees required to be protected, or proposes a reduction of the area tree protection requirements by more than 33 percent.

(2)

Mitigation for proposed tree and vegetation removal based upon the tree banking formula prescribed by section 16 of this chapter.

(3)

The impact of tree preservation requirements on economic development goals established for designated redevelopment districts.

(4)

The review criteria for all other variances described in paragraph 1(g)(2), chapter 19 of this code.

(Ord. No. 1995-43, § 45, 12-19-95)

(a)

Any party found to have removed, or killed a historic tree without a permit, shall pay twice the amount of the regular permit fee which would have been due had the permit been obtained prior to commencing work, and shall be required to pay a mitigation fee to the City Tree Bank for each replacement tree which is not planted. The amount of such mitigation shall be as normally required by resolution of the city council. The minimum specifications for historic tree replacement shall be in accordance with section 16.5 of this chapter. For each subsequent violation by the same property owner, the amount of such mitigation shall be twice the required mitigation amount. In addition, any party found to have removed, or killed a historic tree without a permit on multifamily, commercial, industrial and institutional lots or parcels shall also pay a $5,000.00 fine in addition to the penalties listed above.

(b)

Any party found to have removed any tree that is six-inches or greater DBH that is not a historic tree without a permit shall pay twice the amount of the regular permit fee which would have been due had the permit been obtained prior to commencing work and shall provide mitigation as required by this code/and or resolution of the city council for each replacement tree which is not planted. For each subsequent violation by the same property owner, the amount of such mitigation shall be twice the required mitigation amount.

(c)

Any party found to have abused any tree as outlined in section 20.5 of this chapter shall pay twice the amount of the regular permit fee which would have been due had the permit been obtained prior to commencing work and shall provide mitigation as required by this code and/or resolution of the city council. For each subsequent violation by the same property owner, the amount of such mitigation shall be twice the required mitigation amount. If a historic tree is abused, the penalty in section 22.6(a) shall apply.

(d)

Nothing in this section shall be interpreted to limit enforcement of this article by any other remedy, including, but not limited to, remedies provided in the land development code, the city ordinances or general law.

(e)

Penalty fees shall be waived for emergency work if the work was required to prevent or minimize property damage, or a life safety hazard caused by an act of God or natural phenomenon, if the city was closed for business at the time of the emergency, provided that the required permit and supporting documents confirming the emergency nature of the tree removal is applied for on the first working day thereafter. The waiving of penalty fees shall not waive replacement tree requirements and/or mitigation as may be required by this code.

(Ord. No. 2002-36, § 9, 9-17-02; Ord. No. 2020-28, § 1, 9-15-20)

[The purposes and intent of this article are] to protect the shoreline areas of the city and, specifically, to regulate the land use development of these shorelines.

The flood plain-conservation (F-C) district is a zoning classification along major water bodies in the city designed to:

(a)

Protect persons and private property from the hazards of floodwater inundation and to protect the community from costs which are incurred when urban development occurs in flood plains; and

(b)

Conserve important natural and historic resources for ecological purposes and for the enjoyment and education of future residents.

(1)

Land usage. The use of land which is zoned F-C is limited to:

(a)

Outdoor facilities for civic and public functions and accessory uses thereto.

(b)

Agricultural use and recreation (public/private) facilities by special exception.

(2)

Description of zone. The F-C zone shall be described as:

(a)

Spruce Creek. The area encompassed by the ten-foot contour above mean sea level, west of Strickland Bay.

(b)

Spruce Creek tributaries (except Sweetwater Branch). The area encompassed by the ten-foot contour above mean sea level.

(c)

Sweetwater Branch tributaries. The area encompassed by the ten-foot contour above mean sea level, or the 100-year flood plain elevation, whichever is greater.

(d)

Halifax Canal south of Commonwealth Boulevard. The area encompassed by the five-foot contour above mean sea level on either side of the canal.

(e)

Halifax River, Rose Bay, and Strickland Bay. The area encompassed by the five-foot contour. This will include all of the islands in the Halifax River, except those lands currently zoned otherwise on the Port Orange Causeway. Areas behind existing seawalls at elevations less than five feet may be zoned in conformance with existing development.

(f)

Except where, due to act(s) of nature, ground elevations or the natural community changes from the original conditions that justified F-C district classification of a property, no part of this district shall be rezoned to one of higher use or density. Documentation regarding any such changes must be prepared by qualified consultants and submitted to the department. This documentation will be subject to the review and approval of the administrative official.

(3)

Construction requirements. Construction improvements to F-C zoned land shall meet the following criteria:

(a)

A study of the engineering and environmental impacts that would be associated with the proposed construction must be prepared by qualified consultants and submitted to the department. No construction proposal will be approved in this zoning district unless the potential development impacts are ascertained to have no interference with the flow of floodwaters, no increase in the hazard of flooding upstream or downstream and no detrimental effect on the existing natural communities. This study shall be subject to the review and approval of the administrative official.

(b)

All structures proposed in the F-C district must be designed so that the first floor level is elevated at or above the flood hazard elevation and no fill material may be used to achieve the finished floor elevation.

In order to comply with the coastal zone management element policies 1.1.2 and 2.1.3 of the comprehensive plan, an additional shoreline buffer shall be established along Spruce Creek beyond the F-C district boundary, to be known as the "Spruce Creek environmental corridor." This buffer shall be dedicated as a conservation easement on all new plats or newly established lots, created after November 1, 1990, abutting Spruce Creek, to encompass the following area:

Fifty feet landward of the top of the bank. Where the top of bank is not discernable, the more landward of the mean high water line or edge of marsh, sawgrass, or other salt water vegetative growth shall be used.

Such a buffer will provide for the preservation of existing native vegetation or, the planting of native vegetation if disturbance of native vegetation has occurred in the past.

Where new plantings are required, a restoration plan, specifying appropriate vegetation for rehabilitation of shores and associated lands (such as grasses for submerged lands and shorelines, and trees/shrubs for banks sloping away from shore), shall be submitted as part of the development proposal. This restoration plan shall be subject to approval from the administrative official, whose decision shall be based upon the success of the proposed vegetative species and their distribution in providing stabilization, water purification, and fish and wildlife habitat.

Development within the buffers adjoining water bodies shall be limited to water dependent uses only, and these uses in compliance with this article.

(a)

New development or substantial improvements to existing development at a shoreline shall apply for a permit from the city and receive approval of this application from the administrative official.

(b)

Compliance with the best management practices specified in chapter 10, article II of this code shall be necessary for all shoreline development, to limit chemical and sediment pollutant discharge to the adjacent water body.

(Ord. No. 2023-18 meeting, § 3, 12-12-23)

(a)

Marina siting must comply with the following criteria:

(1)

New marinas shall not be located in outstanding Florida waters due to the environmental sensitivity of such areas, and where possible, marinas shall be located in developed or previously disturbed areas.

(2)

Marina sites must have sufficient upland areas to accommodate needed support facilities, such as adequate parking, dry storage, work areas, stormwater management facilities, and other non-water functionally dependent facilities. No dredging or filling of wetlands or open water to accommodate non-water functionally dependent uses shall be allowed.

(3)

Marinas and access thereto (canal, channel, or road) shall be located in areas where the least dredging, filling, or maintenance are required, to avoid adverse effects on aquatic resources. Dredging for marinas shall not be greater than that required to prevent prop dredging by boats.

(4)

Marinas shall be located so as to not adversely affect existing water flushing and circulation patterns, and be designed so as to maximize or improve these water patterns.

(5)

Marina project designs must consider boat mooring in the following order or priority, to afford maximum light penetration to benthic communities:

(a)

Dry upland storage.

(b)

Covered dry slip storage.

(c)

Open wet slip storage.

(d)

Covered wet slip storage.

(6)

Prior to the operation of any new marina facility, or expansion of an existing facility, a fuel management/spill contingency plan shall be developed. The plan shall describe methods to be used in dispensing fuel and all the procedures, methods, and materials to be used in the event of a spill. Such a plan shall be subject to approval by the Volusia County Environmental Management Division.

(7)

Sewer pump-out service and facilities shall be available and accessible to all new boat slips constructed or renovated at a marina site.

(8)

New or expanded marinas shall provide water quality monitoring data on a regular basis, under a program approved by the FDER and the Volusia County Health department, to assure that the state water quality standards are met, notwithstanding the development.

(9)

New or expanded marinas shall provide treatment of stormwater runoff, in compliance with the stormwater management requirements found in chapter 10, article II of this code.

(10)

All marinas shall provide litter receptacles to accommodate solid waste generated by boats using the facility.

(11)

No finger pier shall exceed three feet in width.

(12)

No new or expanded marina shall exceed 100 feet distance beyond the established Halifax River bulkhead line.

(b)

Residential dock siting must comply with the following criteria:

(1)

Dock extension limits into the waterway:

(a)

No dock shall extend beyond the mean high water line along Spruce Creek for more than ten percent of the creek width or until the water depth of four feet is reached at the terminal dock platform, whichever results in a shorter dock.

(b)

No dock, boat house, terminal dock platform or main access pier together with a moored vessel, lift, mooring piles and/or roof shall extend beyond 25 percent of the width of canals as measured from bulkhead to bulkhead by a direct line.

(2)

The main access pier shall be no greater than four feet in width and terminal dock platform shall not exceed eight feet in width and 160 square feet in area.

(3)

No finger pier shall exceed three feet in width and 25 feet in length.

(4)

No covered boat slips shall be permitted over marsh grasses.

(5)

No more than one dock shall be permitted per each principal structure on the property.

(6)

No dock or boathouse shall have any enclosed sides, or contain any sleeping quarters, or be used as such. Only a roof and pilings shall be permitted for the components of these structures.

(7)

No boathouse or boat shelter shall cover more than 400 square feet. The roof of such a structure shall not extend more than 12 feet above water level at the mean high water line.

(8)

Wooden steps for boat and wading access may be constructed so as to project no more than four feet beyond the Halifax River or a canal bulkhead line, or no more than four feet beyond the mean high water line along Spruce Creek.

(9)

Setbacks for all properties along the Halifax River, Rose Bay, and Spruce Creek with a shoreline length of 65 feet or more, and all properties along a canal:

(a)

Docks with access walkways shall be set back a minimum of 25 feet from the projected side boundaries of the property.

(b)

Docks without access walkways shall be set back a minimum of 10 feet from the projected side boundaries of the property.

(c)

Boat ramp siting must comply with the following:

(1)

Privately developed boat ramps shall be limited to occupying no more than 1,000 square feet of land waterward of the mean high water line, for each 100 linear feet of shoreline in the applicant's ownership.

(2)

Vehicular access for any boat ramp and associated upland parking shall be constructed of a hard surface material.

(d)

Shoreline stabilizer installation must comply with the following:

(1)

New shoreline hardening stabilization construction, such as riprap, or bulkheads, shall occur only on nonvegetated shorelines (i.e., no mangroves, wetlands, marshes, or river swamps shall be disturbed in association with such construction).

(2)

New shoreline hardening stabilization shall be located landward of the mean high water line, except where an existing seawall is to be replaced seaward of the mean high water line and such replacement must align with adjoining segments of seawall.

(3)

Riprap shall consist of clean rock material which is free of metal products, organic materials, and unsightly debris. Existing shoreline vegetation shall not be disturbed in association with the installation of riprap.

(4)

Concrete steps for boat and wading access may be constructed so as to project no more than four feet beyond the Halifax River bulkhead line, or no more than four feet beyond any existing bulkhead along Spruce Creek.

(Ord. No. 1991-20, 8-27-91; Ord. No. 2011-27, § 4, 10-25-11)

Marina operators of new, expanded, and existing facilities shall undertake the following manatee protection measures:

(a)

Implement and maintain a manatee public awareness program (in consultation with FDNR) which will include the posting of signs to advise boat users that manatees are an endangered species which frequent the waters of the region's estuaries and lagoons, and the provision of manatee literature at conspicuous locations on the marina site;

(b)

Declare the waters in and around marinas as "idle speed" zones;

(c)

Post telephone number(s) to report an injured manatee.

Code of Ordinances reference—Animals, ch. 10.

(a)

No boat or watercraft of any kind whatsoever, within the corporate limits of the city, shall be used for a dwelling for a period of more than 24 hours after such boat or watercraft shall have been brought into the city.

(b)

No boat or watercraft of any kind whatsoever, moored or docked on waterways in the city, shall be used as a place from which business or professional services are conducted; provided, however, this shall not apply to charter fishing boats and sightseeing boats licensed by the city, or boats being displayed for sale.

The bulkhead line along the west bank of the Halifax River, within the corporate limits of the city running northerly from the corporation line in the south to the corporation line in the north, is designated and more particularly described as follows:

Beginning at a point where the south corporation line intersects with the face line of the sea wall, said point being 30 feet easterly from the east line of South Halifax Drive; running thence north 23 degrees 01 minutes west 1,426 feet more or less to a point at the face of said sea wall and said point being opposite the southeast corner of Fox Place and 70 feet therefrom; thence north 27 degrees 12 minutes west along said sea wall 350 feet more or less to a point at the face of said sea wall, also said point being 30 feet easterly from the east line of South Halifax Drive at an angle point; thence northwesterly along the face of said sea wall 410 feet more or less to a point opposite an angle point in the east line of South Halifax Drive and 10 feet therefrom, said point also being opposite the point of intersection of the south line of Betty Bunch Grant with the west line of South Halifax Drive; thence northwesterly along the face of said sea wall 1,220 feet more or less to a point opposite where the north line of Betty Bunch Grant intersects with the west line of South Halifax Drive and 63 feet more or less therefrom; thence northwesterly along said sea wall and across the west approach of the Port Orange Bridge and thence in the same direction along another sea wall a total distance of 1,000 feet to a point, excepting therefrom that portion thereof lying within the right-of-way of aforesaid Port Orange Bridge; thence along a curve to the right with a radius of 700 feet and central angle of 45 degrees a distance of 540 feet more or less to a point; thence along a curve to the left with a radius of 300 feet and a central angle of 45 degrees a distance of 230 feet to a point; thence north 25 degrees 10 minutes west 220 feet to a point; thence along a curve to the left with a radius of 300 feet and a central angle of 45 degrees a distance of 230 feet to a point; thence along a curve to the right with a radius of 700 feet and a central angle of 45 degrees a distance of 400 feet or less to a point; thence north 25 degrees 10 minutes west 585 feet more or less to a point in the west shore of Halifax River where the same is intersected by the north line of township 16 south, range 33 east.

The bulkhead line along the west shore of the Halifax River to the north corporation limits of the city on the east shore of the Halifax River is designated and more particularly described as follows:

Beginning at the intersection of the northerly line of the right-of-way of the Port Orange Bridge Causeway with the established bulkhead line of the west shore of the Halifax River; thence north 62 degrees 02 minutes 29 seconds east and along the said right-of-way line a distance of 700 feet; thence north 27 degrees 57 minutes 31 seconds west a distance of 50 feet; thence north 62 degrees 02 minutes 29 seconds east along the said right-of-way line 1,252.72 feet; thence north 35 degrees 57 minutes 31 seconds west 287.8 feet to a point; thence north 63 degrees 25 minutes 20 seconds west a distance of 196.92 feet to a point; thence north 25 degrees 56 minutes 40 seconds east a distance of 338.34 feet to a point; thence north 19 degrees 07 minutes 30 seconds east a distance of 753.96 feet to a point; thence north 83 degrees 02 minutes 29 seconds east a distance of 850 feet to a point; thence south 27 degrees 57 minutes 31 seconds east a distance of 770 feet to a point; thence north 62 degrees 02 minutes 29 seconds east a distance of 800 feet to a point; thence south 27 degrees 57 minutes 31 seconds east a distance of 200 feet to a point; thence north 62 degrees 02 minutes 29 seconds east a distance of 168 feet to the west face of a concrete sea wall; thence north 31 degrees 27 minutes west and along the said face of a sea wall a distance of 235 feet to a point; thence northerly along said sea wall being the westerly limit of Halifax Shores Replat of record in Map Book 23, Page 218, Public Records of Volusia County, Florida, a distance of 950 feet more or less to the north line of said Halifax Shores Replat, said point a distance of 492 feet westerly of the intersection of said north line of Halifax Shores Replat, with the westerly line of Peninsula Drive; thence northerly a distance of 80 feet to a point that is 470 feet westerly of and as measured at right angles to said westerly line of Peninsula Drive; thence north 24 degrees 35 minutes west a distance of 680 feet more or less to the south side of a timber dock; thence south 65 degrees 25 minutes west and along the said south edge of a timber dock 160 feet; thence north 24 degrees 35 minutes west a distance of 220 feet; thence north 65 degrees 25 minutes east and along the north edge of a timber dock a distance of 215 feet; thence north 31 degrees 05 minutes west 280 feet more or less to an intersection with the northerly corporation limits line of Port Orange, Florida, on the east bank of the Halifax River.

The bulkhead line along the west shore of the Halifax River to the south corporation limits of the city, on the east shore of the Halifax River, is designated and more particularly described as follows:

Beginning at the intersection of the southerly right-of-way line of the Port Orange Bridge Causeway with the established bulkhead line on the west shore of Halifax River; thence north 62 degrees 02 minutes 29 seconds east and along the said right-of-way line 712.76 feet; thence south 27 degrees 57 minutes 31 seconds east 50 feet; thence north 62 degrees 02 minutes 29 seconds east and along the aforesaid right-of-way line 1,272.6 feet; thence south 27 degrees 30 minutes east 408.08 feet; thence south 57 degrees 26 minutes west 244.5 feet; thence south 17 degrees 37 minutes west 230 feet; thence south 41 degrees 23 minutes east 283 feet; thence north 47 degrees 57 minutes 50 seconds east 822.38 feet; thence north 43 degrees 15 minutes west 683.73 feet to a point in the southerly right-of-way line aforesaid; thence north 62 degrees 02 minutes 29 seconds east and along the said right-of-way line 1,056.69 feet; thence south 27 degrees 57 minutes 31 seconds east 150 feet; thence north 62 degrees 02 minutes 29 seconds east and along the aforesaid southerly right-of-way line 800 feet; thence north 27 degrees 57 minutes 31 seconds west 200 feet; thence north 62 degrees 02 minutes 29 seconds east and along the right-of-way line aforesaid 20 feet to a point; thence south 27 degrees 57 minutes 31 seconds east a distance of 115.85 feet to a point; thence north 64 degrees 03 minutes 58 seconds east a distance of 150 feet to a point; thence 1,220 feet more or less to the right along a curve of 1,116 feet radius, with a central angle of 65 degrees 03 minutes; thence south 16 degrees 54 minutes 31 seconds east 420 feet to a point on a curve, said curve having a radius of 1,842 feet with a central angle of 52 degrees 29 minutes; thence to the right along said curve from a tangent bearing south 64 degrees 24 minutes east a distance of 1,688 feet more or less to a point in a line having a bearing of south 20 degrees 25 minutes east; thence south 20 degrees 25 minutes east along aforesaid line 1,160 feet more or less to the point of a curve, said curve having a tangent bearing south 20 degrees 25 minutes east a radius of 550 feet; and a central angle of 17 degrees 30 minutes; thence to the right along aforesaid curve 168 feet to a point of reverse curve; thence to the left along said reverse curve 168 feet; said curve having a central angle of 17 degrees 30 minutes and radius of 550 feet; thence continuing south 20 degrees 25 minutes east 900 feet more or less to an intersection with the south limits line of incorporation for Port Orange, Florida, the same being a line extending from an intersection with the centerline of Fleming Avenue at the west bank of Halifax River to the point at which the north line of section 11, township 16 south, range 33 east intersects the low water mark on the east bank of Halifax River.

[The purpose 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. This article shall serve as a regulatory device over and beyond state and federal regulations regarding listed species, and shall in no way supersede state and federal regulations.

Listed species likely to be found within the city are identified in the natural communities listing located in the appendix to this code.

(a)

All development applications for PUD or PCD developments, site plan, and conceptual subdivision approval, regarding property whose size meets or exceeds the development tract thresholds established in section 33 of this article, shall include an exhibit, prepared at the same scale as the development proposal map, which conforms to the following requirements:

(1)

Delineates and labels the vegetative community types observed on the site, in accordance with the natural communities listing in the appendix to this code;

(2)

Indicates the presence of listed species evidence; and

(3)

Specifies and delineates the field surveying method applied, such as transect, arrays, etc.

In addition to this required consultant's report, evidence indicating the presence of listed species may be submitted to the department for staff consideration during the development application review process. Any such information provided shall be evaluated by the administrative official to determine whether additional field survey work by city staff should take place.

(b)

Where listed species evidence is found, the development proposal shall address the approach to be used in protecting the species. The adequacy of this approach shall be evaluated based on the following:

(1)

Approval by the Florida Game and Fresh Water Fish Commission, who will be consulted by the department.

(2)

Provision of any permits needed from the Florida Game and Fresh Water Fish Commission or the U.S. Fish and Wildlife Service, concerning listed species, such as the necessary permits for relocating gopher tortoises.

(3)

The dedication as a conservation easement to the city, of any natural areas preserved for listed species protection.

(4)

The connection of conservation easements on the subject development property to any such conservation easements on adjoining properties, and/or to the city's designated environmental corridor along Spruce Creek, unless the applicant demonstrates to the satisfaction of the administrative official that such connection is impractical in the use of the subject property.

(a)

The necessity for compliance with the requirements of section 32 of this article is based on the size of the development tract in relation to its location within the city, and hence, its potential for listed species occupancy, as indicated on the "Listed Species Potential Detection Map," figure 9-IVa[9:1]. This map delineates two locational zones within the city, which are:

Zone A: extensively developed areas.

Zone B: sparsely developed areas.

Due to the prevalence of development in zone A and the general lack of open space, conservation easements, and environmental corridors therein, the potential for inhabitation by listed species is not nearly as great as in zone B, which is considered to have a high potential for inhabitation by listed species. Accordingly, zone A is assigned a higher threshold for the minimum size of development tracts requiring compliance with section 32 of this article. The threshold tract size for zone A is 20 acres while the threshold tract size for zone B is ten acres.

(b)

Compliance with this article shall not be required for properties sized below the thresholds in subsection (a) above, and development orders issued prior to November 1, 1990. However, these categories of development are still responsible for compliance with federal and state regulations for protecting or relocating listed species. Such compliance would involve contacting the appropriate listed wildlife species coordinator to acquire the proper application forms, upon which the reviewing agencies would base their decisions. Listed vegetation located on a development site should be avoided by construction activities or relocated on or off of the site.

(c)

Also exempt are properties for which a listed species protection application has been submitted within the previous five years.

(d)

Nothing in this code exempts any property from compliance with all appropriate state and federal regulations.

Figure 9:1

Listed Species Potential Detection Map

The purpose and intent of this article 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 protection surrounding potable water supply well fields, thereby protecting the potable water supply from contamination.

The regulations set forth herein shall apply to all areas surrounding a well field and the designated well field protection zones and other areas of the city as provided herein.

The city manager shall designate an administrative official whose duties shall include, but not be limited to, enforcement, inspection, record keeping, and administration in implementing this article. The city may adopt a fee schedule to provide for the funding of this program.

The city shall adopt primary and secondary well field protection zones. These zones shall show the geographic extent of said zones which shall be delineated on maps as now or hereafter updated and supplemented and which are on file with the city. Said maps may be adopted by reference by the city. The city may provide for rules of interpretation for buildings of lots lying wholly or partially in a particular well field protection zone.

(a)

Primary well field protection zone. The land area immediately surrounding any potable water supply well and extending a radial distance of 200 feet from said well.

(b)

Secondary well field protection zone. The land area surrounding the primary well field protection zone, and defined by a radial distance of 1,000 feet from the well(s) defining the primary well field protection zone.

(a)

For the primary well field protection zone, except as otherwise provided in this article, any new nonresidential use, handling, production or storage of hazardous substances shall be prohibited. Provided, however, any existing nonresidential use, handling, production or storage of hazardous substances shall be considered a nonconforming use, and shall apply for a well field protection permit as provided in this article.

(b)

For the secondary well field protection zone, except as otherwise provided in this article, any new or existing nonresidential use, handling, production or storage of hazardous substances shall be considered a nonconforming use, and shall apply for a well field protection permit as provided in this article.

The following activities or uses are exempt from the provision of this article:

(a)

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

(b)

Agricultural uses, including mosquito control, except that said uses shall comply with F.S. ch. 487, the Florida Pesticide Application Act of 1974, and chapters 5E-2 and 5E-9, Florida Administrative Code.

(c)

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

(d)

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

(e)

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

(f)

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

(g)

Repairing or maintaining any existing facility or improvement on lands within the primary or secondary well field protection zone.

(h)

Storage tanks which are constructed and operated in accordance with the storage tanks regulations as set forth in chapter 17-61, Florida Administrative Code.

(i)

Geotechnical borings.

(j)

Residential activities.

(k)

Public utility emergency generating facilities, except that permanently installed fuel storage facilities exempted under chapter 17-61, Florida Administrative Code, shall have secondary containment.

(l)

Provided, however, that the city may at its option delete in whole or in part, any of the above-described exemptions, but in no case shall the city include any additional exemptions in this article unless otherwise approved by the Volusia County Council.

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

(a)

Chapter 38F-41, Florida Administrative Code (Florida Substance List).

(b)

Title 40 Code of Federal Regulations Part 261 (Identification and Listing of Hazardous Wastes).

(c)

Title 40 Code of Federal Regulations Part 355, Appendix A and B (List of Extremely Hazardous Substances).

A hazardous substance, as defined herein, 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, poses a substantial threat to the life, health, or safety of persons or property or to the environment.

Except as otherwise provided herein, no person shall construct, modify, install, or replace a hazardous substance storage system, or component thereof, within the primary or secondary potable well field protection zone or allow the discharge of a hazardous substance into the soils, groundwater or surface water within said zone. Underground vehicular fuel storage subject to chapter 17-61, Florida Administrative Code, is exempt from these permit requirements.

(a)

Application procedure. Application for a well field protection permit, or renewal thereof, shall be made on the form(s) provided by the city. 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 department along with the appropriate permit fee, and including construction plans and specifications for the hazardous substance storage system, including, but not limited to, details of tanks, conveyance and pumping systems, secondary containment, leak detection, overfill protection, and access. At the option of the city, a professional engineer, licensed by the State of Florida, may be required to certify compliance with this article.

(1)

Concurrent review. Where a permit is submitted including construction requiring the issuance of other development orders or development permits, it shall be reviewed in conjunction with the applications for those development orders or permits.

(2)

Said 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. Said permit may cover one or more hazardous substance storage systems located at the same facility. Said permit shall provide conditions necessary to ensure that the provisions of this article are met. Commencement of construction of a regulated facility under a well field permit shall be deemed acceptance of all conditions specified in the permit.

(b)

Application review and permit issuance. The city shall review the application along with the site development plan or building permit application as appropriate, or within 30 days if independent from other applications. The city shall issue or renew said permit upon the applicant's demonstration that all standards required by this article and other applicable regulations have been met. Permits for construction requiring other development permits shall be issued in conjunction with and contingent upon those permits.

(1)

Prior to any person causing, allowing, permitting, or suffering the placement of any hazardous substance in a storage system covered by a well field protection permit, pursuant to this article, such permit may not be approved unless the owner, operator or contractor demonstrates that the system has been constructed in substantial conformity with the permit.

(2)

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

(c)

Denial, suspension or revocation of permits. The city may deny, suspend, or revoke a permit for failure to comply with this article and/or the conditions of any permit issued pursuant to this article. The city may revoke any permit issued pursuant to this article 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 article or permit conditions.

(3)

Has refused lawful inspections as required by this article.

(a)

Monitoring capacity. The storage of hazardous materials shall be subject to all applicable federal, state and local codes. Except as provided herein, all storage systems intended for the storage of hazardous substances shall be designed with the capability of detecting that the hazardous substance stored in the primary containment 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.

(b)

Containment requirements. Primary and secondary levels of containment shall be required for all storage systems intended for the storage of hazardous substances, except as provided herein.

(1)

Primary containment. Primary containment is the first level of containment, such as the inside layer of the container which comes into immediate contact on its inner surface with the hazardous material being contained. All primary containment shall be product-tight.

(2)

Secondary containment. Secondary containment is the level of containment external to and separate from the primary containment. All secondary containment shall be constructed of materials of sufficient thickness, density, and composition so as not to be structurally weakened as a result of contact with the discharge hazardous substances and sufficient to preclude any hazardous substances loss to the external environment.

(a)

Leak-proof trays under containers, floor curbing, or other containment systems to provide secondary liquid containment shall be installed 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.

(b)

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.

(c)

Vacuum suction devices, absorbent scavenger materials, or other devices approved by the city, shall be present on-site or available within a time set by the city. Devices or materials shall be available in sufficient magnitude so as to control and collect the total quantity of hazardous substances. To the degree feasible, emergency containers shall be present and of such capacity as to hold the total quantity of hazardous substances plus absorbent material.

(c)

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

(1)

Any substantial modification or repair of a storage system, other than minor repairs or emergency repairs, shall be in accordance with plans to be submitted to the 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.

(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 article shall be closed or removed in a manner approved by the city, and at the expense of the owner or operator.

(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 at a reasonable time as determined by the city.

(Ord. No. 1991-20, 8-27-91)

The city shall administer a hazardous substance inspection and clean up program for the incorporated areas of the city. Such program shall be in accordance with the city's ordinance relating to hazardous materials and shall insure compliance with Title 40 Code of Federal Regulations Parts 260.00—265.00. The person responsible for the release of a hazardous material shall pay all costs and expenses of the city in conducting the necessary inspection and clean up program.

(Ord. No. 1991-20, 8-27-91)

(a)

No variance 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 processes.

(b)

When the city council finds that compliance with any of the requirements of this article would result in undue hardship for any person, a variance from any one or more of such requirements may be granted by the city council, provided it is the minimum necessary to alleviate such undue hardship for the person and to the extent such variance can be granted without impairing the intent and purpose of this article.

(c)

A petition for variance shall be in writing and contain the following:

(1)

The petitioner's name and address.

(2)

The specific provision from which the petitioner is requesting a variance.

(3)

A detailed statement of the facts which the petitioner believes demonstrates that the request qualifies for variance under subsection (d) below.

(4)

A description of the variance described.

(5)

The period of time for which the variance is sought, including the reasons and facts in support thereof.

(6)

The damage or harm resulting or which may result to the petitioner from compliance with the provision.

(7)

The steps which the petitioner is taking to meet the provisions from which the variance is sought and when compliance could be achieved.

(8)

Other relevant information the petitioner believes supports the petition for variance.

(d)

No petition for variance shall be approved unless the petitioner affirmatively demonstrates that one or more of the following circumstances exists:

(1)

The variance is essential to protect health or safety.

(2)

Compliance with the provision from which a variance is sought will require measures which, because of their extent or cost, cannot be accomplished.

(3)

Compliance with the provision from which a variance is sought will result in substantial economic, social or health burden on the petitioner, compared to other properties within the well field protection zones.

(4)

Alternative measures which achieve the same objective as these provisions are available and satisfy the intent and purpose of this article.

(a)

If the department finds that any of the provisions of this article are being violated, he [the administrative official] shall notify the persons responsible for such violation, in writing, indicating the nature of the violation and ordering any action necessary to correct the violation.

(b)

Any person found in violation of any provision of this article shall be fined or punished as provided by law. Each day the violation continues shall be deemed a separate offense.

(c)

In addition to any other remedies, whether civil or criminal, a violation of this article may be restrained by injunction, including a mandatory injunction, and otherwise abated as provided by law.

(d)

A stop work order shall be issued for any property in violation where any permit has been previously approved. No further city permits shall be issued for the subject property, nor any attendant inspection made, until such violation is corrected.

(Ord. No. 1991-20, 8-27-91)

The purpose of this article is to provide appropriate standards relating to the operation of industrial activities throughout the city. These types of operations may create or maintain such excessive noise, vibration, air pollution and odor, glare and lighting, heat, cold, dampness, and movement of air, electromagnetic interference, radiation and radioactive materials, fire and explosive hazards, and industrial wastes as to be a detriment to the public health, comfort, convenience, safety, and welfare. These standards are therefore provided to protect the public interest, and promote the public health, safety and welfare.

(Ord. No. 1991-35, 12-17-91)

(a)

Noise. Every use shall be operated in compliance with the noise regulations specified in sections 13-70 through 13-78 of the Code of Ordinances, City of Port Orange, Florida.

(b)

Vibration. Impact vibrations from any use, which are recurrently generated and perceptible to the normal senses without instruments, are prohibited beyond the property boundary. This regulation shall not apply to temporary construction activities and vehicles serving the site.

(c)

Air pollution and odor.

(1)

Smoke and particulate matter. All uses shall comply with the standards set forth in chapter 17-2, Florida Administrative Code, as amended. No person shall operate a regulated source of air pollution without a valid operation permit issued by the Florida Department of Environmental Regulation. Open burning shall be permitted only in compliance with section 10-6 of the Code of Ordinances, City of Port Orange, Florida. No person shall conduct an open burn without a permit from the city fire department. With regard to smoke and dust particulate matter, this regulation shall not apply to temporary construction activities and vehicles serving the site.

(2)

Toxic gases, fumes, vapors, and matter. All uses shall comply with standards set forth in chapter 17-2, Florida Administrative Code, as amended.

(3)

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

(d)

Glare and lighting. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, shall be permitted in such a manner as to be visible at the lot line in excess of 0.5 footcandle. These regulations shall not apply to signs. Where site security lighting or floodlighting of parking areas is provided, these exposed sources of light shall be shielded in such a manner as to not shine across lot lines with an intensity in excess of 0.5 footcandle.

(e)

Heat, cold, dampness, and movement of air. Activities which would produce any effect on the temperature by more than five degrees Fahrenheit, motion, or humidity of the atmosphere beyond the lot line shall not be permitted.

(f)

Electromagnetic interference. No use, activity, or process shall be conducted which produces electric and/or magnetic fields interference with normal radio, telephone, or television reception or the operation of any other equipment from off the premises where the activity is conducted.

(g)

Radiation and radioactive materials. The handling of radioactive materials, discharge of such materials into air or water, and disposal of radioactive waste shall comply with the regulations set forth in chapter 10D-91, Florida Administrative Code, as amended.

(h)

Fire and explosive hazards. The storage, use, or manufacture of flammable, combustible, or explosive materials may be done only where adequate safety devices against the hazards of fire and explosion are provided, including adequate fire fighting and fire suppression equipment, and where the storage, use, or manufacture of such materials complies with the Standard Fire Prevention Code, Life Safety Code, National Fire Protection Association Codes and Standards, Standard Building Code, Title 4A, Florida Administrative Code, as amended, and all other applicable codes.

(i)

Hazardous materials. In addition to the requirements imposed by any other federal, state, or local law, rule, regulation, ordinance or code, the storage of hazardous materials shall comply with the following requirements:

(1)

Containment standards. Except as provided herein, all storage systems intended for the storage of hazardous materials shall be designed with the capability of detecting that the hazardous material stored in the primary containment 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. Primary and secondary levels of containment shall be required for all storage systems intended for the storage of hazardous materials, except as provided herein.

(a)

Primary containment. Primary containment is the first level of containment, such as the inside layer of the container which comes into immediate contact on its inner surface with the hazardous material being contained. All primary containment shall be product-tight.

(b)

Secondary containment. Secondary containment is the level of containment external to and separate from the primary containment. All secondary containment shall be constructed of materials of sufficient thickness, density, and composition so as not to be structurally weakened as a result of contact with the discharge hazardous materials and sufficient to preclude any loss of hazardous materials to the external environment.

(1)

Leak-proof trays under containers, floor curbing, or other containment systems to provide secondary liquid containment shall be installed 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 removal or remedial action can be taken.

(2)

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.

(3)

Vacuum suction devices, absorbent scavenger materials, or other devices approved by the city, shall be present on-site or available within a time set by the city. Devices or materials shall be available in sufficient magnitude so as to control and collect the total quantity of hazardous materials. To the degree feasible, emergency containers shall be present and of such capacity as to hold the total quantity of hazardous materials plus absorbent material.

(2)

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

(a)

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

(b)

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 release or to protect the integrity of the containment.

(c)

Replacement of any existing storage system for hazardous materials shall comply with the new installation standards.

(3)

Out-of-service storage systems.

(a)

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

(b)

Any storage system which is not being monitored and inspected in accordance with this subsection shall be closed or removed in a manner approved by the city, and at the expense of the property owner or operator.

(c)

Whenever an abandoned storage system is located, a plan for the closure or removal or upgrading and permitting of such storage system shall be filed at a reasonable time as determined by the city.

(4)

Hazardous materials inspection program to comply with federal law. The city shall administer a hazardous materials inspection and cleanup program for the incorporated areas of the city. Such a program shall be in accordance with the City of Port Orange Ordinance No. 1991-18, as amended, and shall insure compliance with Title 40 Code of Federal Regulations, Parts 260.00—265.00. The party responsible for any discharge or release shall pay all cost incurred by the city in conducting the necessary inspection and clean-up program.

(j)

Industrial wastes. There shall be no discharge at any point of liquid or solid wastes into any public sewage disposal system which will overload such system or create detrimental effects on the flow and treatment of public sewage. There shall be no discharge of any industrial wastes into any private sewage disposal system, stream, or into the ground of a kind or nature which may contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements or solid wastes conducive to the breeding of rodents or insects. All industrial establishments shall comply with sections 20-67 through 20-72 of the Code of Ordinances, City of Port Orange, Florida, and shall obtain a wastewater discharge permit from the city's utility department prior to connecting to or contributing to the city's public sewage system.

(Ord. No. 1991-35, 12-17-91)

The administrative official may determine that there are reasonable grounds to believe that an existing or proposed industrial use may violate the performance standards set forth in this article and may initiate an investigation of an existing operating industrial facility and its processes, or require [that] appropriate information be submitted as part of the project site plan review. The administrative official is authorized to withhold any development permits pending a determination of compliance or noncompliance as set forth in this section.

(a)

Required data. Upon initiation of the investigation or as a requirement of site plan submission, the administrative official may require the industrial use owner or operator to submit relevant data and evidence necessary to make an objective determination. Such evidence may include, but is not limited to, the following items:

(1)

Plans of the existing or proposed construction and development;

(2)

A description of the existing or proposed machinery, processes, and products;

(3)

Specifications for the mechanisms and techniques used or proposed to be used in restricting the possible emission of any of the dangerous and objectionable elements as set forth in this article; and

(4)

Measurements of the amount or rate of emission of said dangerous and objectionable elements.

(b)

Reports by expert consultants. The administrative official may require any person, firm, or corporation to retain an expert consultant or consultants to study and report as to compliance or noncompliance with these industrial performance standards, set forth in this article, and to advise how a proposed use can be brought into compliance with said performance standards. Such consultants shall be fully qualified to give the required information and shall be persons or firms mutually agreeable to the administrative official and to the owner or operator of the use in question. In the event of inability to select a mutually agreeable consultant, the planning commission shall select the consultant. The cost of the consultant's services shall be paid by the owner or operator of said use.

(c)

Administrative official's action. Within 30 days following the receipt of the required evidence, or receipt of the reports of expert consultants, the administrative official shall make a determination as to compliance or noncompliance with the industrial performance standards. If the administrative official determines the existing or proposed use is in compliance, he shall authorize the issuance of any development permits which may have been withheld pending said determination.

(Ord. No. 1991-35, 12-17-91)