The purpose of this chapter is to prohibit the destruction of natural vegetation and the changing of natural grades and drainage paths until a site plan, subdivision, or other specific plan for development or interim land management has been approved. Additionally, this chapter provides protective measures for both vegetation and soils to be implemented prior to construction.

(A)

One of two types of permits shall be required;

(1)

An environmental Level l permit allows, in accordance with the requirements of this chapter the clearing and grading of single family home sites, and/or the clearing and grading of undeveloped or developed land with no approved development or building plan.

(2)

An environmental Level II permit is issued immediately prior to the issuance of a building permit. This permit is issued only after an authorized representative of the City has inspected the site to verify that no unauthorized clearing has taken place, and to ascertain whether field modification of the plan is justified in order to enhance tree preservation on the site. A Level II permit is required for all subdivision, multi-family, commercial and industrial projects.

(B)

The permit-issuing authority shall review all Level I and Level II applications to consider the following:

(1)

The drainage of the area.

(2)

Soil erosion potential of the modification and the measures proposed for reducing soil erosion.

(3)

Stormwater runoff generated as a result of the modification.

(4)

Sanitary sewer problems.

(5)

The effect on abutting properties and future land development

(6)

The size, location, health and species of trees or other vegetation.

(7)

The need for State or other jurisdictional permits.

(C)

The issuance of a Construction Permit for a subdivision shall be considered approval of an Environmental Level I permit for the clearing and grading necessitated by the installation of the approved public improvements, and any easements or building pad areas indicated on the plan.

(D)

If the clearing and grading of individual lots is not reviewed and approved with the issuance of a construction permit for a subdivision, then each individual lot must obtain an Environmental Level I permit.

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

(A)

Top dressing of lawns, with marl, black dirt, sand, peat, or other similar material.

(B)

Emergency removal of trees where health and safety are imminently threatened.

(C)

Removal of diseased, or dead trees as verified by the Administrator or the Lake County Urban Forester.

(D)

Lands which are agriculturally classified for taxation purposes, except for trees twenty-four inches (24") DBH and larger.

(E)

Exemptions listed in Chapter 11 Section 11-33.

The purpose of the WPA wetlands preservation area district is to preserve and protect significant wetland areas, which are a valuable and limited resource, from inappropriate development.

The intent of the WPA wetlands preservation area district is to protect those specific wetland areas which are equal to or greater than one (1) acre in area and which are normally identified utilizing the wetlands identification criteria.

Lands with a minimum of one (1) wetland indicator from each of the following three (3) environmental characteristics will normally be considered wetlands for the purposes of this division unless the land in question has been altered after March 31, 1987, for the purpose of avoiding classification as a wetland or all vegetative cover has been removed. In such cases, the remaining two (2) environmental characteristics shall normally be considered. The current Soil Survey of Lake County Area, Florida, by the United States Department of Agriculture, Soil Conservation Service will be used in determining the following soil classifications, hydrology and vegetation in conjunction with the most recent United States Army Corps. Of Engineers Wetlands Delineation Manual:

(A)

Hydrology. The soil is either inundated permanently or periodically at mean water depths of equal to or less than two (2) meters or the soil is saturated to the surface at some time during the growing season of the prevalent vegetation as indicated from marks on trees, lichen lines on trees, and/or buttressing of trees. The period of inundation or soil saturation varies according to the hydrologic soil moisture regime.

(B)

Soil. Soils are present and have been classified as hydric, or they possess characteristics that are associated with anaerobic soil conditions. Soils normally present will consist of one (1) or more of the following as classified in the most recent soil survey of the county area:

(C)

Vegetation. The prevalent vegetation consists of macrophytes (species that can be identified without use of ocular magnification) that are typically adapted to habitats having the hydrologic and soil conditions described above. Hydrophytic species, due to morphological, physiological, and/or reproductive adaptation(s), have the ability to persist in anaerobic soil conditions. The following vegetative species shall be used as a guide in verifying the wetlands identification criteria:

The following are the uses permitted in the WPA wetlands preservation area district:

(A)

Passive public or private recreational areas. Passive recreational areas are limited to nature trails, boardwalks and other like uses.

(B)

Animal and plant sanctuaries or other similar public or private open space.

The following uses may be permitted in the WPA wetland preservation area district subject to the issuance of a Special Use Permit:

(A)

Passive private recreation areas. Passive private recreation areas are limited to nature trails, boardwalks and other like uses.

(B)

Filling for the purpose of connecting isolated non-wetland parcels for development when the area filled is replaced by an area of twice the filled wetlands area. Fill shall be limited to the right-of-way area required for the means of connecting these isolated non-wetland parcels and shall ensure that the natural flow of water within the remaining wetlands is preserved in such cases. The newly created wetland shall perform the same function and be of the same plant type of the system being replaced.

None of the following shall be permitted in the WPA wetlands preservation area district:

(A)

Dredging, filling not provided for as a special use, logging and mining.

(B)

Permanent structures except for walkways or other similar structures as a part of permitted and/or special use.

(A)

Shoreline vegetation is necessary for the health and viability of a lake system. Sediments and nutrients, contributed both by stormwater run-off and re-circulation within the lakes' waters, are removed by shoreline vegetation and associated areas by means of filtration and recycling through the shore-line vegetation.

(B)

Both wave action and stormwater run-off will cause extensive erosion of nutrient-laden soils, particularly where those soils have been established by removal of shoreline vegetation.

(C)

Erosion of lakeshore soils not only contributes to the slow in-filling of lakes, but the soils also entrap and entrain quantities of organic materials which contribute to the nutrient load of a lake. This soil stabilization, in conjunction with the natural uptake and assimilative capacities of shoreline vegetation, reduces the quantity of nutrients available for both cultural and natural eutrophication.

(D)

Shoreline vegetation both protects and improves lake water quality and should be protected from substantial clearing.

(E)

In order to protect the public health, safety, and welfare, preserve the natural beauty and attractiveness of waters of the City, and maintain lake water quality and reduce nutrient loading in public lakes, the City of Tavares Waterfront Protection Regulations are hereby enacted as one measure to protect said legitimate public interest by restricting the amount of clearing or removal of shoreline vegetation.

Unless specifically defined below, words or phrases used in this Section shall be interpreted so as to give this Section its most reasonable, liberal application:

(A)

Clearance: The alteration of or removal of shoreline vegetation by chemical treatment, mechanical or non-mechanical uprooting or removal.

(B)

Normal High Water Elevation: The landward edge of any natural surface water body during normal hydrological conditions.

(C)

Person: Any and all persons, natural or artificial, and includes any individual, firm, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

(D)

Re-establish: The regrowth of shoreline vegetation, where the average growth height is more than fourteen inches (14") above the shore or water surface, as appropriate.

(E)

Shoreline Alteration: For purposes of these regulations, the clearing or removal of shoreline vegetation or any substances or materials (except water) existing at or below the normal high water elevation. This definition shall not be construed as limiting the Council's jurisdiction pursuant to general and special law to regulate and permit other types of shoreline alterations or other activities.

(F)

Shoreline Vegetation: Vegetation which grows or exists at or below the normal high water elevation, and includes terrestrial and aquatic plants, both emergent and non-emergent, associated with wetlands.

(G)

Trimming: The pruning of clipping of shoreline vegetation with hand-powered tools, which does not result in the removal of three inches of the stem and root of the plant.

(H)

Waterfront: Any lot or parcel bordering on a water body.

(I)

Water body: Any natural or artificial pond, lake, reservoir, wetland or other area which ordinarily or intermittently contains water and which has a discernible shoreline.

(J)

Watercourse: Any natural or artificial stream, creek, channel, ditch, canal, waterway, gully, ravine, or wash in which water flows either continuously or intermittently, and which has a definite channel, bed, or banks.

(A)

All those persons desiring to perform or cause to be performed any shoreline alteration as defined in Section 13-11 hereof, shall be required to obtain a permit in conformance with the procedures and standards set forth in Section 13-2 above and applicable to the geographic location of the proposed shoreline alteration, unless exempted by these regulations or the applicable special act. The City Council may grant a permit only if the applicant demonstrates that the shoreline alteration will not materially affect any of the rights and interests of the public set forth in Section 13-10 above and applicable to the geographic location of the proposed shoreline alteration. Each applicant must address and contain the following information:

(1)

The percentage of shoreline vegetation proposed to be removed,

(2)

The means for minimizing and controlling erosion,

(3)

The method for filtering run-off,

(4)

The method for reducing the nutrient concentration in both surface run-off and lake waters,

(5)

The means for establishing soils at and below the normal high water elevation, and

(6)

The justification for the replacement vegetation and its ability to protect and improve water quality.

(B)

Setbacks from the Normal High Water Mark.

Septic tanks shall be located as far landward from the shoreline as possible based on the depth of the lot, in no case shall septic tanks be located closer than one-hundred feet (100') from the Normal High Water Mark.

(C)

Prohibition of waste disposal along shoreline. Disposal of any wastes, including yard waste, is prohibited within the shoreline.

All mechanically cleared or trimmed vegetation shall be removed from the land and the normal high water elevation within twenty-four hours (24 hrs.) of clearing or trimming. Failure to do so will constitute a violation of these regulations.

These regulations and the requirement to obtain a permit hereunder shall not apply to the following:

(A)

Any person or property owner clearing less than twenty percent (20%) or twenty-five square feet (25'), whichever is greater, of lands at or below the normal high water elevation.

(B)

Emergency repairs on public or private projects necessary for the preservation of life, health, or property where taken to implement and accomplish the beneficial purposes of these regulations as set forth herein under such circumstances where it would be impractical to obtain approval from the City prior to making such emergency repairs.

(C)

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

(D)

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

(E)

A property owner whose shoreline has previously been cleared where the clearing is continuously maintained. If shoreline vegetation is allowed to re-establish, this exception from permitting shall not apply.

(F)

Any activities otherwise exempt pursuant to the special acts, as amended.

(A)

If the Administrator determines that clearing is occurring without prior approval or not in accordance with these regulations, he shall promptly issue a written notice of violation to the offending person. The notice of violation shall include a description of the site where the violation has occurred, cite the provisions of these regulations, general or special laws which have been violated, and set forth the required remedial action or actions to be taken as deemed reasonable and necessary by the City. Such remedial action may include restoration of damaged topography; revegetation of the site to comply with these regulations, general, or special laws; replacement of affected wildlife; payment of all permit and inspection fees, and other actions consistent with the intent of these regulations, general, or special laws or as they may be amended from time to time.

(B)

Violations of these regulations or the conditions of any permit issued pursuant to these regulations shall constitute a violation of the special act, as amended, applicable to the area in which the violation has occurred. The Council may use any remedies and seek any penalties provided in said section, as amended.

The purpose of this division is to protect listed endangered, threatened species of special concern which inhabit the City of Tavares, Florida by safeguarding the habitat in which these species are found from various impacts associated with land development.

(A)

Conservation Easement: A right or interest in real property which is appropriate to retaining land or water areas predominately in their natural, scenic, open, or wooded condition; retaining such areas as suitable habitat for fish, plants, or wildlife; or maintaining existing land uses; and which prohibits or limits the activities described in Section 704.06, Florida Statutes, as the same now exists or may from time to time be amended.

(B)

Critical Habitat: Habitat which if lost would result in elimination of listed species individuals from the area in question. Critical habitat typically provides functions for the listed species during restricted portions of that species life cycle. Habitat includes the place or type of site where a species naturally or normally nests, feeds, resides, or migrates, including for example, characteristic topography, soils, and vegetative cover.

(C)

Degradation: Any adverse or negative modification (from the perspective of the subject species) of the hydrological, biological or climatic characteristics supporting the species, or of plants and animals co-occurring with and significantly affecting the ecology of the species.

(D)

FLUCCS: Florida Land Use, Cover, and Forms Classification System, published by the Florida Depart of Transportation.

(E)

Game Commission: Florida Fish and Wildlife Conservation Commission

(F)

Listed Species: Any animal species (vertebrate indicated as endangered, threatened, or species of special concern as found in the "Official Lists of Endangered and Potentially Endangered Fauna and Flora of Florida, Florida Fish and Wildlife Conservation Commission which is attached as Exhibit A, as amended from time to time by the Florida Fish and Wildlife Conservation Commission.

(G)

Management: A series of techniques applied to maintain the viability of species in a location. These techniques include, but are not limited to controlled burning, planting or removal of vegetation, exotic species control, maintaining hydrologic regimes, and monitoring.

(H)

Management Plan: A plan prepared to address conversation and management of listed species and their habitat, which is approved by the Administrator, following recommendations from the Game Commission.

(I)

Mitigation Park: Area acquired with the expressed purpose of mitigating impacts of land development on listed species.

(J)

Occupied Habitat: Property, which provides critical habitat to a listed species.

(K)

Property: The land, which is subject of the specific development application.

(L)

Small Development: A project of less than ten (10) acres in land area and less than two (2) acres in impervious area.

(A)

A survey shall accompany all rezoning applications and all construction plan application where FLUCCS codes for the property indicates a possible presence of a listed species except as set forth in Section 13-17(C). The survey shall be prepared by using the survey method which is set forth. Such survey shall include listed species presence (sightings, signs, tracks, trails, rests, evidence of feeding, etc.), population estimates, and occupied habitat boundaries. A map and narrative shall describe the methodology as applied and the findings. The mapped information shall be at the same scale as the development application and an aerial map at a scale of 1" ≤ 400'.

(B)

A management plan may be submitted with any rezoning application and any construction plan application as provided in Section 13-18. However, a management plan shall be required for all Final Development Order Applications if listed species are found on the property except as set forth in Section 13-17(D). The management plan shall be subject to final approval by the Administrator. This management plan shall include:

(1)

A 1" ≤ 400' aerial map which may be obtained from other governmental agencies and map at the scale of the development application to include the following:

(a)

Habitat classifications depicted by using FLUCCS;

(b)

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

(c)

Areas to be preserved, including habitat and buffers;

(2)

Recommended management activities; and,

(3)

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

(C)

Surveys and management plans are not required for small developments; for properties rezoned to Planned Development (PD) prior to November 1, 1992; and for construction plan approval issued prior to November 1, 1992.

(D)

Management plans are not required for any Final Development Order application if the construction plan approval was issued prior to November 1, 1992 and the Final Development Order application does not substantially deviate from the preliminary development order.

(A)

Occupied Habitat Zones shall be established which include all occupied habitat of listed species.

(B)

Occupied Habitat Buffer Zone Boundaries shall be established parallel to all occupied habitat zones, and shall extend at a distance appropriate for the habitat which is set forth in an Administrative Code.

(C)

The Occupied Habitat Zone and the Occupied Habitat Buffer Zone shall remain free of all development, except development which will not cause degradation of species existing on the site and is approved by the Administrator following recommendations of the Game Commission. These zones shall be identified on all associated applications and all maps and plats. A conservation easement shall be granted to the City for the preserved property as a condition of the Final Development Order approval, unless the Administrator determines it would not be logistically or economically feasible for the City to maintain the easement. Encroachments into occupied habitat and habitat buffer is permissible only after the incentives set forth in Section 13-18(E) have been exhausted.

(D)

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

(E)

The City shall allow certain incentives in return for the preservation of occupied habitat and habitat buffers. This incentive system shall only apply to those areas, which are not preserved under the Wetlands Preservation District, as amended, or through any other preservation device, which has been approved by the City. The incentives shall be exhausted sequentially.

(1)

The preservation of the occupied habitat and habitat buffer for up to a total of ten percent (10%) of the entire property acreage shall be required without the use of any incentives.

(2)

Occupied habitat and habitat buffers in excess of ten percent (10%) of the entire property acreage shall be used to fulfill any applicable minimum open space requirements at a ratio of one (1) unit habitat and habitat buffer to one and one-half unit required open space (1:1.5). In no event shall this credit be interpreted to reduce any required buffer zone.

(3)

The Administrator and the applicant may agree to waive the above listed preservation techniques, provided that:

(a)

The occupied habitat is isolated; and,

(b)

The applicant provides an appraisal of the impacted area at pre-development values; and,

(c)

Off-site mitigation procedures set forth in Section 13-19 are met.

(F)

In cases where guidelines have been prepared by the Game Commission for a listed species, those guidelines shall be considered in the preparation of the management plan.

(G)

If the Game Commission fails to review any plan in conjunction with City staff's allotted time schedules, determinations shall be made without the benefit of Game Commission expertise.

(H)

The applicant or his successor in interests is responsible for all aspects of the implementation of the management plan. A monitoring report as to the condition of the habitat and management techniques applied to the habitat shall be submitted to the Administrator for review on an annual basis from the date that the Final Development Order is issued for five (5) consecutive years.

(I)

The management plan shall be finalized prior to issuance of the Final Development Order.

In the event that the Administrator and applicant agree to mitigate impacts off-site, the following conditions shall apply:

(A)

The property owner may contribute funds (a fee-in-lieu-of providing conservation areas for occupied habitat and required buffer) toward a City or regional listed species mitigation park, administered by the City or the Game Commission. Assessments shall be based upon the acreage of occupied habitat impacted that would otherwise be preserved under Section 13-17.

(B)

The property owner may relocate the listed individuals as a participant in a U.S. Fish and Wildlife Service (USFWS) relocation program. Participation must be certified by USFWS and such certification must be presented to the City before participation is acknowledged in the management plan.

Requests for variance from the terms of this ordinance shall be administered and decided in conformance with the requirements for variances set forth in the City of Tavares Land Development Regulations as may be amended or replaced from time to time.

Any decision made by the Administrator, or his designee, may be appealed pursuant to those procedures which are set forth in the City of Tavares Land Development Regulations as may be amended or replaced from time to time, for appeals of administrative decisions.

It is the intent and purpose of this Ordinance to implement procedures that promote water conservation through more efficient landscape irrigation.

For the purpose of this Article, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural.

(a)

"Address" means the house number of a physical location of a specific property. This includes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. An "even numbered address" means an address ending in the numbers 0, 2, 4, 6, 8 or the letters A-M. An "odd numbered address" means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z.

(b)

"District" means the St. Johns River Water Management District.

(c)

"Person" means any person, firm, partnership, association, corporation, company, or organization of any kind.

(d)

"Landscape irrigation" means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, public, commercial, and industrial establishments, and public medians and rights-of-way. "Landscape irrigation" does not include agricultural crops, nursery plants, cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation associated with recreational areas such as playgrounds, football, baseball and soccer fields.

(e)

"Residential landscape irrigation" means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes.

(f)

"Non-residential landscape irrigation" means the irrigation of landscape not included within the definition of "residential landscape irrigation," such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way.

1.

When Daylight Savings Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule:

a.

Residential landscape irrigation at odd numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

b.

Residential landscape irrigation at even numbered addresses may occur only on Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

c.

Non-residential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

d.

No more than ¾ inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs.

2.

When Eastern Standard Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule:

a.

Residential landscape irrigation at odd numbered addresses or no address may occur only on Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

b.

Residential landscape irrigation at even numbered addresses may occur only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

c.

Non-residential landscape irrigation may occur only on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

d.

No more than ¾ inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs.

3.

All landscape irrigation shall be limited in amount to only that necessary to meet landscape needs.

Landscape irrigation shall be subject to the following irrigation schedule exceptions:

1.

Irrigation using a micro-spray, micro-jet, drip or bubbler irrigation system is allowed anytime.

2.

Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment.

3.

Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides, when required by law, the manufacturer, or best management practices, is allowed at any time of day on any day within 24 hours of application. Watering in of chemicals shall not exceed ¼ inch of water per application except as otherwise required by law, the manufacturer, or best management practices.

4.

Irrigation systems may be operated at any time of day on any day for maintenance and repair purposes not to exceed 20 minutes per hour per zone.

5.

Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day.

6.

Discharge of water from a water-to-air air-conditioning unit or other water- dependent cooling system is not limited.

7.

The use of water from a reclaimed water system is allowed anytime. For the purpose of this paragraph, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods.

8.

The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources.

9.

The declaration by St. Johns River Water Management District of an emergency order regarding a water shortage pertaining to the City of Tavares and any subsequent temporary changes in water rules.

Any person who irrigates landscape with an automatic lawn sprinkler system installed after May 1, 1991, shall install, maintain and operate a rain sensor device or switch that overrides the irrigation system when adequate rainfall has occurred

A variance from the specific landscape irrigation days or day set forth in Section 3 may be granted if strict application of the scheduled days or day would lead to unreasonable or unfair results in particular instances, provided that the applicant demonstrates with particularity that compliance with the scheduled days or day will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant. Where a contiguous property is divided into different zones, a variance may be granted hereunder so that each zone may be irrigated on different days or day than other zones of the property. However, in no event shall a variance allow a single zone to be irrigated more than two days per week during Daylight Savings Time or more than one day per week during Eastern Standard Time.

In the event the District issues a water shortage order or water shortage emergency order within all or part of the jurisdictional boundaries of the City, within those areas of the City affected by such order, the restrictions set forth in the order and any amendments thereto shall supersede any conflicting provisions in this ordinance until such time as the District rescinds the water shortage order or water shortage emergency order, whereupon all the provisions of this ordinance shall resume in full force and effect.

(A)

Application of Ordinance. The provisions of this Ordinance shall apply to each person located within the City of Tavares

(B)

Enforcement Officials. Law enforcement officials having jurisdiction in the area governed by this Ordinance are hereby authorized to enforce the provisions of this Ordinance. In addition, the City

Council may also delegate enforcement responsibility for this ordinance to agencies and departments of the city of Tavares government.

(C)

Penalties. Violation of any provision of this Ordinance shall be subject to the following penalties:

Each day in violation of this Ordinance shall constitute a separate offense. Enforcement officials shall provide violators with no more than one written warning. In addition to the civil sanctions contained herein, the City of Tavares may take any other appropriate legal action, including, but not limited to, injunctive action to enforce the provisions of this Article.

The purpose of this section is to safeguard the health, safety and welfare of the citizens of Tavares through ensuring the protection of the principal source of water for domestic, agricultural and industrial uses. The availability of adequate and dependable supplies of good quality water is of primary importance to the City; therefore, the intent of this section is to prohibit land uses adjacent to water wells, which have the potential to affect groundwater quality or quantity.

(Ord. No. 2023-05, § 1(Exh. A), 4-19-23)

(A)

Zone of Exclusion. The zone of exclusion for a protected wellhead, at a minimum, shall be the land area within a one-hundred feet (100') radius of the existing or future wellhead.

(B)

Wellfield Protection Area. The wellfield protection area for a protected wellhead, at a minimum, shall be the land area within a five hundred feet (500') radius of the existing or future wellhead.

(Ord. No. 2023-05, § 1(Exh. A), 4-19-23)

(A)

Within the Zone of Exclusion. No development activities shall take place in the zone of exclusion, other than structures required for the operation or maintenance of the well system.

(B)

Within the Wellfield Protection Area. The following land uses are prohibited within the wellfield protection area of any well drawing water from an aquifer in an unconfined condition:

(1)

Landfills, auto storage yards, or junkyards.

(2)

Facilities for the bulk storage, handling or processing of the following substances: agricultural chemicals, pesticides, petroleum products, hazardous/toxic wastes or materials, industrial chemicals, medical or biohazardous wastes, etc.

(3)

Feedlots or other commercial animal facilities.

(4)

Wastewater treatment plants, percolation ponds, sprayfields, septic tanks and similar facilities.

(5)

Mines.

(6)

Any excavation, which intersects the water table.

(7)

New development withdrawing water from Existing Protected Wellheads: Where an Existing Protected Wellhead contains a non-conforming use, and the new development proposes to utilize that wellhead, the non-conforming land use shall be removed prior to hookup.

(Ord. No. 2023-05, § 1(Exh. A), 4-19-23)

(A)

Location of new potable water wells. No new water well of greater than one-hundred thousand (100,000) gpd pumping capacity or more shall be sited within five hundred feet (500') of the land uses listed in Section 13-31(B) 1-7.

(B)

Construction of new potable water wells shall be in accordance with rules of the Florida Department of Environmental Regulation; Section 40C, rules of St. John's River Water Management District; Chapter 10D-4, rules of the Florida Department of Health and Rehabilitative Services, and the Environmental Services Construction Standards.

(Ord. No. 2023-05, § 1(Exh. A), 4-19-23)

(A)

Chemicals required for the chlorination, treatment or maintenance of protected wellheads, when properly stored in accordance with applicable rules of the Florida Department of Environmental Regulation, shall be exempt from the provisions of Section 13-31(B)(2).

(B)

Geotechnical Boring.

(C)

Residential Activities.

(D)

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

(E)

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

(Ord. No. 2023-05, § 1(Exh. A), 4-19-23)

As a result of impairment to the City's surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or springs, the City Council has determined that the use of fertilizers on lands within the City of Tavares has the potential for adverse effects on surface and/or ground water. Accordingly, the City of Tavares finds that management measures contained in the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries", as amended, may be required by this ordinance.

This section regulates the proper use of fertilizers by any applicator; requires proper training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; specifies allowable fertilizer application rates and methods, fertilizer-free zones, low maintenance zones, and exemptions. The Ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on City's natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and other water bodies.

Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of City of Tavares residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality.

This Ordinance shall be applicable to and shall regulate any and all Applicators of fertilizer and areas of Application of fertilizer within the City of Tavares, Florida unless such Applicator is specifically exempted under this section from the regulatory provisions of this section. This Ordinance shall be prospective only, and shall not impair any contracts existing as of July 1, 2017.

The following words, terms and phrases, when used in this section, will have the meanings set forth below unless the context clearly indicates otherwise.

(A)

Administrator: The City Administrator or designee who has the authority to administer and enforce the provisions of this section.

(B)

Application or Apply: The actual physical deposit of fertilizer to turf or landscape plants.

(C)

Applicator: Any Person who applies fertilizer on turf and/or landscape plants in the City of Tavares, Florida.

(D)

Best Management Practices: Turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable on- location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources.

(E)

Commercial Fertilizer Applicator: Any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator except as provided in F.S. § 482.1562(9).

(F)

Fertilize, Fertilizing, Fertilization: The act of applying fertilizer to turf, specialized turf, or landscape plants.

(G)

Fertilizer: Any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil.

(H)

Guaranteed Analysis: The percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer.

(I)

Institutional Applicator: Any person, other than a private, non-commercial or a Commercial Applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership.

(J)

Landscape Plant: means any native or exotic tree, shrub, or groundcover (excluding turf).

(K)

Low Maintenance Zone: An area a minimum of ten (10) feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc.

(L)

Person: Any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity.

(M)

Prohibited Application Period: means the time period during which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion within the City of Tavares, issued by the National Weather Service.

(N)

Approved Best Management Practices Training Program: A training program approved per F.S. § 403.9338, as amended, or any more stringent requirements set forth in this section, that includes the Florida Department of Environmental Protection's Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008, as amended.

(O)

Saturated soil: A soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this ordinance, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water.

(P)

Slow Release, Controlled Release, Timed Release, Slowly Available, or Water Insoluble Nitrogen: Nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product.

(Q)

Turf, Sod, or Lawn: A piece of grass-covered soil held together by the roots of the grass.

(R)

Urban Landscape: Pervious areas on residential, commercial, industrial, institutional, highway rights- of-way, or other nonagricultural lands that are planted with turf or horticultural plants.

(A)

Timing of Fertilizer Application. No Applicator shall apply Fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Prohibited Application Period, or to saturated soils.

(B)

Fertilizer Free Zones. Fertilizer shall not be applied within ten (10) feet of any pond, stream, watercourse, lake, canal, or wetland as defined in Chapter 62-340, F.A.C., as amended, or from the top of a seawall, unless a deflector shield, drop spreader, or liquid applicator with a visible and sharply defined edge, is used, in which case a minimum of three (3) feet shall be maintained. Newly planted turf and/or landscape plants may be fertilized in this zone only for a sixty (60) day period beginning thirty (30) days after planting if need to allow the plants to become well established. Caution shall be used to prevent direct deposition of nutrients into the water.

(C)

Low Maintenance Zones. A voluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated, from any pond, stream, water course, lake, wetland or from the top of a seawall. If more stringent City of Tavares Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. No mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care shall be taken to prevent the over-spray of aquatic weed products in this zone.

(D)

Fertilizer Content and Application Rates.

(1)

Fertilizers applied to turf within the City of Tavares shall be applied in accordance with requirements and directions provided by Section 5E-1.003, F.A.C., as amended.

(2)

Fertilizer containing nitrogen shall not be applied before seeding or sodding a site, and shall not be applied for the first thirty (30) days after seeding or sodding, except when hydro-seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the Stormwater Pollution Prevention Plan for that site.

(3)

Nitrogen or phosphorus fertilizer shall not be applied to Turf or landscape plants except as provided in subsection (1) above for Turf, or in UF/IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test.

(E)

Application Practices.

(1)

Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that Fertilizer granules are deflected away from all impervious surfaces, fertilizer-free zones and water bodies, including wetlands.

(2)

Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces.

(3)

Any Fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable.

(4)

Fertilizer released on an impervious surface must be immediately contained and either legally applied to Turf or any other legal site, or returned to the original or other appropriate container.

(5)

In no case shall Fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies.

(F)

Management of Grass Clipping and Vegetative Matter. In no case shall grass clippings, vegetative material, and/or vegetative debris be washed, swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable.

(G)

Exemptions. The provisions set forth above in this Ordinance shall not apply to:

(1)

Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 823.14, as amended;

(2)

Other properties not subject to or covered under the subsection 1 above that have pastures used for grazing livestock;

(3)

Any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture; and

(4)

Golf courses, athletic fields and Turf managed for active recreation, whose owners implement best management practices as described in Section 5E-1.003(2)(d), F.A.C. entitled "Fertilizers Labeled, for Sports Turf at Golf Courses, Parks and Athletic Fields", as amended.

(A)

All commercial and institutional applicators of Fertilizer within the incorporated area of Tavares shall abide by and successfully complete the training program in the "Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida-Friendly Landscaping™" program, or an approved equivalent.

(B)

Private, non-commercial applicators are encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying Fertilizers.

All commercial applicators of Fertilizer within the incorporated area of Tavares shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per Section 5E-14.117(18), F.A.C.. All businesses applying Fertilizer to Turf and/or landscape plants (including but not limited to residential lawns, golf courses, commercial properties, and multi-family and condominium properties) must ensure that at least one employee has a "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate.