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TOWN OF LADY LAKE
CHAPTER 12
ENVIRONMENTAL REGULATIONS
TABLE OF CONTENTS
ARTICLE I - WETLANDS PROTECTION
SECTION PAGE
1 PURPOSE AND INTENT 12 - 1
2 PERMIT REQUIREMENTS FOR WETLAND ALTERATION 12 - 1
3 WETLANDS PROTECTION STANDARDS 12 - 2
4 BUFFER REQUIREMENTS 12 - 2
5 EXEMPTIONS 12 - 3
6 VIOLATIONS 12 - 4
7 VARIANCES AND APPEALS 12 - 4
ARTICLE II - SHORELINE PROTECTION
1 PURPOSE AND INTENT 12 - 5
2 SETBACKS 12 - 5
3 BUFFERS 12 - 5
4 CLEARING LIMITATIONS 12 - 6
5 PERMIT REQUIRED 12 - 6
6 EXEMPTIONS 12 - 6
7 CONSERVATION EASEMENT 12 - 6
CHAPTER 12 ENVIRONMENTAL REGULATIONS TABLE OF CONTENTS (continued)
ARTICLE III - LISTED SPECIES AND NATIVE VEGETATION PROTECTION
1 PURPOSE AND INTENT 12 - 7
2 PRESERVATION OF UPLAND COMMUNITIES 12 - 7
3 APPLICATION 12 - 7
4 OFF-SITE MITIGATION 12 - 8
5 RELOCATION 12 - 9
ARTICLE IV - PRIME RECHARGE AREAS AQUIFER PROTECTION STANDARDS
1 PURPOSE AND INTENT 12 - 9
2 PROTECTION STANDARDS 12 - 9
ARTICLE V - SINKHOLE PROTECTION
1 PURPOSE AND INTENT 12 - 9
2 DEVELOPMENT REGULATIONS 12 - 10
3 DESIGN STANDARDS FOR SINKHOLE AREAS 12 - 10
4 CONSERVATION EASEMENT 12 - 10
ARTICLE VI - AIR QUALITY AND OPEN BURNING
1 PURPOSE AND INTENT 12 -11
2 EXEMPTIONS 12 - 11
3 PROHIBITIONS 12 - 11
CHAPTER 12 ENVIRONMENTAL REGULATIONS TABLE OF CONTENTS (continued)
ARTICLE VII - HAZARDOUS WASTE AND MATERIALS
1 DEFINITIONS 12 -12
2 SUBMITTAL REQUIREMENTS 12 - 12 CHAPTER 12
ENVIRONMENTAL REGULATIONS
ARTICLE I - WETLANDS PROTECTION
SECTION 1: PURPOSE AND INTENT
The purpose of this Article is to preserve, protect and enhance the wetlands within the Town, 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.
SECTION 2: PERMIT REQUIREMENTS FOR WETLAND ALTERATION
a) It is hereby unlawful for any person to engage in any activity which will remove, fill, drain, dredge, clear, destroy, or alter any wetland or buffer, without obtaining a wetlands alteration permit from the appropriate jurisdictional agencies including, but not limited to, SJRWMD, FDEP, ECFRPC, and ACOE. The Town shall accept decisions made by Federal, State or regional agencies concerning wetland alterations where their issued permits are deemed to completely address the requirements of this Article. No final development order shall be issued by the Town until any or all such other agency permits are issued.
b) Application Procedure
Application shall be made to the Town as part of the application for development plan approval, when applicable. This package may be the same as submitted to the agencies. In addition to information already required to be submitted per other sections of the Code, the submittal shall include the following information if not already included in the information submitted to the other regulatory agencies:
1) Name, address, and phone number of applicant, and of any biologists, engineers, or other consultants providing information or acting as agent for the applicant.
2) The type and extent of wetland areas as designated by the St. Johns River Water Management District (SJRWMD) mapped to scale.
3) The Town's buffer zones and conservation easements required by regulatory agencies.
4) A detailed description of any proposed activity within the SJRWMD wetlands and within any buffer zones.
5) Copies of all approved permits and submittal packages for all Federal, State and regional agencies with jurisdiction over the wetlands on the site.
SECTION 3: WETLANDS PROTECTION STANDARDS
Wetlands alterations 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. Passive recreation activities such as, but not limited to, boardwalks, fishing piers, boat docks, and nature trails are allowed within wetlands.
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 appropriate jurisdictional agency.
d) Non-altered wetlands shall be buffered through preservation of a suitable width of upland vegetation, based on the Buffer Requirements criteria of this Article.
e) Non-altered wetlands, mitigation areas and buffers shall be placed in a conservation easement in accordance with Chapter 704.06, F.S., or as amended, and recorded in the Public Records of Lake County. Dedication of the conservation easement shall be to the Town of Lady Lake and/or an appropriate State of Florida regulatory agency.
SECTION 4: BUFFER REQUIREMENTS
Buffer zones shall be established upland of the landward extent of the wetland jurisdictional line as determined by the St. Johns River Water Management District criteria.
a) The following buffers shall be required for isolated wetlands, non-isolated wetlands, and wetlands hydrologically connected (contiguous) to rivers or streams:
WETLAND TYPE BUFFER WIDTH
Isolated 10 feet Non-Isolated 10 feet Rivers and Streams 50 feet
b) The buffer may be modified along the perimeter of the wetland system to accommodate the development design. In this case, the upland buffer shall be located such that no less than an average and minimum buffer, as listed below, exists along the perimeter of the wetland system.
WETLAND TYPE AVERAGE WIDTH MINIMUM WIDTH
Isolated 25 feet 5 feet Non-Isolated 25 feet 5 feet Rivers and Streams 100 feet 35 feet
c) 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 (10) feet of the buffer boundary.
d) In such cases where limited vegetation cover and/or lack of native vegetation occurs within the required buffer area, stormwater swales and sodding will be permitted to occur within the upland buffer zone. The extent of the stormwater swales encroachment within the upland buffer shall be limited to fifty percent (50%) of the buffer width.
e) In no case shall a buffer impede reasonable access to a body of water.
SECTION 5: EXEMPTIONS
Activities which are exempt from the requirements of this Article include:
a) Minor maintenance or emergency repair to existing structures or improved areas.
b) Timber catwalks and docks four feet (4) or less in width.
c) Recreational fishing or hunting, and creation and maintenance of temporary blinds.
d) Selective cutting or hand-removal of non-native problematic vegetation including cattails (Typha spp.), primrose willow (Ludwigia spp.), wild taro (Colocasia esculenta), giant reed (Phragmites spp.), paragrass (Panicum purpurascens), punk tree (Malaleuca quinquenervia), and pepper tree (Schinus terebinthifolius).
e) Clearing of native vegetation within any wetland along a shoreline shall be limited pursuant to Shoreline Protection section of this Appendix.
f) Outfall structures and discharge pipes such that the installation of the structures does not adversely affect the function of the wetland.
g) Cleared walking trails four (4) feet or less in width and having no structural components or impervious surface.
h) Utility crossings.
i) Maintenance, together with incidental dredge and fill activities in ditches, retention and detention areas, public roads and other rights-of-way, and other related drainage systems.
j) Bonafide mosquito control activities.
k) Activities within the littoral zone of a wet detention system.
l) Constructing fences where no fill is required and where navigational access will not be hindered.
SECTION 6: VIOLATIONS
The following remedies and penalties shall apply to violations of this Article:
a) 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.
b) Where violations of the dredge and fill or wetland rules and regulations imposed by Federal, State or regional agencies are noted by the Town, such violations may be reported in writing to the appropriate agency.
SECTION 7: VARIANCES AND APPEALS
a) Variances and appeals to this Article shall be considered based on the procedures in the Developmental Procedures and Regulations chapter.
b) No variance or appeal will be considered where the action or requirement in question clearly is derived from the actions or requirements of Federal, State or regional agencies as part of their permitting process.
c) Minor technical variances, when clearly within the intent of this Article, may be authorized by the Town Manager.
ARTICLE II - SHORELINE PROTECTION
SECTION 1: PURPOSE AND INTENT
To protect the shoreline areas of the Town and, specifically, to regulate the land use development of these shorelines.
SECTION 2: SETBACKS
a) Setbacks from the Ordinary High Water Line (OHWL) shall be as follows:
1) All habitable structures shall be located no closer than thirty-five (35) feet.
2) Septic tank drainfields shall be located a minimum of one hundred (100) feet from the OHWL or as far landward from the shoreline as possible based on the depth of the lot.
b) If no OHWL is recorded, the wetland line or the mean annual high water line may be used, whichever is greater.
SECTION 3: BUFFERS
a) A minimum twenty-five (25) foot buffer zone of native upland vegetation, measured from the OHWL, shall be provided around existing rivers, lakes and ponds which are preserved on development sites.
b) If the lake or open water body is wholly owned and contained within a single lot or parcel then the buffer may be modified to allow for greater access. In this case, the upland buffer shall be located such that not less than an average of twenty-five (25) feet of total upland buffer with a minimum of ten (10) feet exists along the perimeter of the shoreline.
c) Disposal of any wastes, including but not limited to, liquid, solid, construction materials, debris, including yard trash, is prohibited within the shoreline buffer.
d) Clearing in the buffer zone shall be allowed only as specified below.
SECTION 4: CLEARING LIMITATIONS
a) No more than a total of twenty-five (25) lineal feet along the shoreline of any lot may be cleared of vegetation for the creation of a beach, or for any other purpose or structure.
b) Exotic and nuisance plant species as specified in the Exemptions section of the Wetlands Protection article may be removed from the entire shoreline.
SECTION 5: PERMIT REQUIRED
Prior to construction or clearing for any new development or substantial improvements to existing development at a shoreline, copies of all State and Federal regulatory agency permits shall be provided to the Town. These regulatory agencies include, but are not limited to, U.S. Army Corps of Engineers (ACOE), St. Johns River Water Management District (SJRWMD), and Florida Department of Environmental Protection (FDEP). Compliance with the "Best Management Practices" Erosion Control Methods is required for all shoreline development to limit chemical and sediment pollutant discharge to the adjacent water body.
SECTION 6: EXEMPTIONS
Individual single family dwellings constructed within existing lots or parcels of record and manmade lakes for the purpose of water retention are exempt from the shoreline buffer requirement.
SECTION 7: CONSERVATION EASEMENT
a) All areas preserved or conserved under this Article shall be recorded with the Public Records of Lake County as a conservation easement in accordance with Chapter 704.06, F.S., or as amended.
b) Dedication of the conservation easement shall be to the Town of Lady Lake or a State of Florida regulatory agency.
ARTICLE III - LISTED SPECIES AND NATIVE VEGETATION PROTECTION
SECTION 1: PURPOSE AND INTENT
To protect the natural resources of the Town for the benefit of its citizens; specifically, to prevent destruction of listed plant and animal species in the Town and to preserve areas of native vegetation.
SECTION 2: PRESERVATION OF UPLAND COMMUNITIES
a) The vegetation of the natural community shall be preserved through project site design. A minimum of ten (10) percent of the total cumulative acreage of natural upland communities which occur on-site shall be preserved.
b) In no case shall the upland areas required to be preserved exceed the open space requirements for the proposed development.
c) The preserved area(s) shall be allowed as credit toward landscape requirements, landscape buffers, wetland buffers, habitat protection areas and open space requirements.
SECTION 3: APPLICATION
Application shall be made as part of the application for development plan approval, when applicable. This package may be the same as submitted to other regulatory agencies. In addition to information already required to be submitted per other sections of the Code, submittal shall include the following information if not already included in the information submitted to the other regulatory agencies.
a) An environmental assessment and wildlife survey shall be required for projects which are more than ten (10) acres in size or exceed two (2) acres of impervious surface or for areas located within the Forested Upland Communities as designated on Map 1-2f of the Existing Land Use Map Series. The environmental assessment shall be prepared by a qualified biologist and/or environmental scientist. The environmental assessment shall include a FLUCFCS map which delineates the vegetative community types observed on the site.
b) Explanation of the field surveying method applied, such as transect, arrays, etc.
c) A Habitat Management Plan shall be required for all developments if listed species are found on the property and on-site preservation is warranted. The Management Plan shall be prepared by a qualified biologist and/or environmental scientist. The Habitat Management Plan must receive approval from Florida Game and Fresh Water Fish Commission and U.S. Fish and Wildlife Service (if applicable) before final construction plan approval.
1) The applicant or his successor in interest is fully responsible for all aspects of the implementation of the management plan. A monitoring report as to the condition of the habitat and the results of the management techniques applied to the habitat shall be submitted to Florida Game and Fresh Water Fish Commission for review as required per their regulations.
2) The Preservation Areas and associated buffers shall exist as "open space" for the development and will be credited toward open space requirements. Development within these areas shall be limited to passive recreational activities which do not degrade the habitat and may include picnic areas and mulched trails. A conservation easement shall be granted to the Town for the preserved areas and associated buffers as a condition of the Final Development Order. In addition, the transfer of density from the Preservation Area to an unoccupied area is permitted within a Planned Unit Development (PUD).
3) In the event that adjacent parcels include conservation easements or other public lands, the Town shall propose to connect the easements to provide wildlife corridors.
d) Indication of any evidence that listed species may be present including sightings, signs, tracks, trails, or suggestions of feeding.
SECTION 4: OFF-SITE MITIGATION
The property owner and/or developer may contribute funds in lieu of protecting critical habitat on-site. The funds may be allocated toward a county or regional land acquisition program or contributed to the "Fish and Wildlife Trust Fund" administered and managed by the Florida Game and Fresh Water Fish Commission (FGFWFC). Contributions will be based on the acreage of onsite suitable habitat that would otherwise be required to be preserved. The amount of the contribution will be determined by either the administration of the designated mitigation bank and/or FGFWFC.
SECTION 5: RELOCATION
The property owner and/or developer may relocate individuals utilizing the standards and criteria developed by FGFWFC and/or U.S. Fish and Wildlife Service. A copy of the Relocation Permit shall be forwarded to the Town prior to initiation of the relocation effort.
ARTICLE IV - PRIME RECHARGE AREAS AQUIFER PROTECTION STANDARDS
SECTION 1: PURPOSE AND INTENT
The purpose of this section is to comply with Policy 5-1.2.1 Restrict Activities Known to Adversely Affect the Quality of Surface and Ground Water within the Goals and Objectives of the Conservation Element for the Town of Lady Lake.
SECTION 2: PROTECTION STANDARDS
Large Quantity Generators of hazardous waste as designated by the U.S. Environmental Protection Agency (EPA) and the Florida Department of Environmental Protection (FDEP) shall be prohibited within areas designated as High or Prime recharge areas as designated by St. Johns River Water Management District pursuant to Section 373.0395 F.S., or as amended.
ARTICLE V: SINKHOLE PROTECTION
SECTION 1: PURPOSE AND INTENT
a) The purpose of this subsection is to comply with Policy 5-8.1 Designation of Environmentally Sensitive Areas, Policy 5-8.6 Development Restrictions Within and Adjacent to Sinkholes and Policy 5-2.9 Groundwater Contamination Introduced through Sinkhole Passages within the Goals and Objectives of the Conservation Element for the Town of Lady Lake.
b) When a sinkhole develops, proper planning and engineering to repair or alleviate damages are needed to reduce adverse |