HomeMy WebLinkAbout2000 10 16 Informational B Possible Code Changes Related to Wetlands, Conservation Areas, Docks and Floodplain Management
COMMISSION WORKSHOP
October 16. 2000
Meeting
M~
Authorization
The Community Development Department requests the Commission conduct a
workshop October 16,2000 at 8:00 p.m. on the need for changes to the Code of
Ordinances related to wetlands, conservation areas and docks as determined by
Breedlove, Dennis & Associates Inc. and as related to Floodplain Management as
prepared by CPH Engineering, Inc.
Consent
Informational X
Public Hearing
Regular
!
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ITEM B
REQUEST:
PURPOSE: The purpose of this agenda item is for the Commission to discuss with consultants
possible code changes related to wetlands, conservation areas, docks and
Floodplain Management.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3167(11) F.S. which states: Each local government is encouraged to
articulate a vision of the future physical appearance and qualities of its community as a
component of its local comprehensive plan. The vision should be developed through a
collaborative planning process with meaningful public participation and shall be adopted by the
governing body of the jurisdiction.
CONSIDERATIONS:
. In August 1999, the Commission authorized the City Manager to engage
consultants to review City codes related to wetlands, conservation areas, docks
and Floodplain Management and to prepare amendments to the code if necessary.
CDD/September 18,200012:26 PM
OCTOBER 16, 2000
INFORMATIONAL AGENDA ITEM B
Page 2
. Breedlove, Dennis & Associates, Inc. has completed its research and is prepared
to summarize its findings concerning wetlands, conservation areas and boat
docks.
. CPR Engineering, Inc. has recommendations related to chapter 8 of the City code,
Flood damage and prevention.
. On July 10,2000 the Commission scheduled the workshop for August 7,2000 at
6:30 p.m. which was subsequently cancelled.
. On September 11, 2000, the Commission scheduled two workshops for October
16,2000. This workshop will follow the workshop on Village Walk and S.R. 434
traffic circulation.
STAFF RECOMMENDATION:
Staff suggests that the Commission meet with Breedlove, Dennis & Associates and CPR
Engineering, Inc. to consider recommendations related to codes governing wetlands,
conservation areas, boat docks and Floodplain Management.
ATTACHMENTS:
A. Flood damage prevention Chapter 8, Articles I, IT and ill.
B. Land Development Code, Chapter 9, Section 9-241(c) Stonnwater Management
C. Workshop outline related to wetlands and conservation areas.
COMMISSION ACTION:
COD/September 18,200012:26 PM
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ATTACHMENT A
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FLOOD DAMAGE PREVENTION
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ARTICLE 1. IN GENERAL
Sec. 8.1. Definitions.
Unless specifically defined below, words or
phrases used in this chapter shall be interpreted
so as to give them the meaning they have in
common usage and to give this chapter its most
reasonable application:
Accessory Use. A use which is incidental and
subordinate to the principal use of the parcel of
land on which it is located.
Addition (to an existinJ! building). Any
walled and roofed expansion to the perimeter of
a building in which the addition is connected by
a common load-bearing wall other than a fire
wall. Any walled and roofed addition which is
connected by a fire wall or is separated by
independent load-bearing walls is new
construction.
Administrate;-. The federal insurance
administrator, to whom the director of the
federal emergenoy management agenc)' has
designated the administration of the national
flood insurance program.
Appeal. A request for a review of the flood
damage control administrator's interpretation of
any provision of this chapter or a request for a
vanance.
Appraised Value. The assessed value as listed
bv the Seminole County Property Appraiser.
Area of Shallow Flooding. A designated AO,
AH, or VO zone on the flood insurance rate
map (FIRM). The base flood depths range from
one (I) to three (3) feet, a clearly defined
channel does not exist, the path of flooding is
unpredictable and indeterminate, and velocity
flow may be evident.
Area of special flood hazard. The land in the
floodplain within a community subject to a one-
percent or greater chance of flooding in anyone
(I) given year.
Proposed Revision - 2()()()
Base flood. The flood having a one-percent
chance of being equaled or exceeded in any
gIven year.
Base flood elevation. The crest elevation in
relation to mean sea level (MSL) (using National
Geodetic Vertical Datum) expected to be reached
during a flood which encompasses the regulatory
floodplain.
BuildinJ!. See Structure.
Development. Any manmade change to
improved or unimproved real estate, including
but not limited to buildings or other structures,
mining, dredging, filling, grading, paving,
excavation, or drilling operations located within
the area of special flood hazard.
Encroachment. The advance or infringement of
uses. plant growth. filL excavation, buildings,
permanent structures, or development into a
floodplain, which may impede or alter the flow
capacity of a floodplain.
Existing manufactured home park or
subdivision. A manufactured home park or
subdivision for which the construction of
facilities for servicing the lots on which the
manufactured homes are to be affixed (including,
at a. minimum, the installation of utilities, the
construction of streets, and either final site
grading or the pouring of concrete pads) was
completed before August 11. 1981.
Expansion to an existinf! manufactured home
park or subdivision. The preparation of
additional sites by the construction of facilities
for servicing the lots on which the manufactured
homes are to be affixed (including the installation
of utilities. the construction of streets, and either
final site grading or the pouring of concrete
pads).
Flood or flooding. A general and temporary
condition of partial or complete inundation of
normally dry land areas from:
a. The overflow of inland or tidal waters;
and/or
FLOOD DAMAGE PREVENTION
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t,
b. The unusual and rapid accumulation or
runoff of surface waters from any
source.
Flood boundary and jloodway map. The
official map on which the administrator has
delineated both the flood boundaries and the
regulatory floodway.
Flood damage eont:-ol admi:zistratar. The
officer of the city responsible for the execution
of this chapter and the delegation of
responsibilities fDr the individual tasks
contained herein.
Flood elevation determination. A
determination by the administrator of the water
surface elevations of the base flood, that is, the
flood level that has a one-percent or greater
chance of occurrence in any given year.
\..
Flood insurance rate map (FIRM). An
official map of a community, on which the
administrator Federal Emergency Management
Agency or Federal Insurance Administration
has delineated both the special areas of special
flood hazards and the risk premium zones
applicable to the community.
Flood insurance study. An examination,
evaluation and determination of flood hazards
and, if appropriate, an examination, evaluation
and determination of mudslide (i.e., mudflo',':)
and/or flood reluted erosion hazards. The
official report provided by the Federal
Insurance Administration that includes flood
profiles. the Flood Insurance Rate Map. the
Flood Boundary and Floodway Map. and the
water surface elevation of the base flood.
Floodplain. Land which will be inundated by
floods known to have occurred or reasonably
characteristic of what can be expected to occur
from the overflow of inland or tidal waters and
the accumulation of runoff of surface waters
from rainfall.
Floodolain Administrator. The individual
aJmointed to administer and enforce the
floodplain manag,ement reg,ulations.
Proposed Revision - :WO()
Floodplain management regulations. Any
zoning ordinances, land development ordinance,
subdivision regulations, building codes, health
regulations, special purpose ordinances (such as
a floodplain management ordinance, grading
ordinance and erosion control ordinance), and
other applications of police powers. The term
describes such state or local regulations, in any
combination thereof, which provide standards for
the purpose of flood damage preyention and
reduction.
Floodproojing. Structural changes or
adjustments incorporated in the design or
construction of a building so as to make the
building watertight with walls substantially
impermeable to the passage of water and with
structural components having the capacity of
resisting hydrostatic and hydrodynamic loads and
effects of buoyancy for the reduction or
elimination of flood damages.
Floodway. See "regulatory floodway."
Floodway encroachment line. The line
marking the limits of floodway maps on federal,
state and local floodplain maps.
Floodwav frin'{e. That area of the floodplain
on either side of the "Rel;!ulatory Floodway".
Fraud and victimization. As related to
Section 8-34. Variances. of this ordinance.
means that the variance granted must not cause
fraud or victimization of the public. In
examining this requirement. the City will
consider the fact that every newly constructed
building adds to government responsibilities and
remains a part of the community for fifty to one
hundred years. Buildings that are below the base
flood elevation are subiect during all those years
to increased risk of damage from floods. while
future owners of the property and the community
as a whole are subiect to all the costs.
inconvenience. danger. and suffering that those
increased flood damages bring. In addition.
future owners may purchase the property.
unaware that it is subiect to potential flood
damage. and can be insured only at very high
flood insurance rates.
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FLOOD DAMAGE PREVENTION
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Functionallv deoendent use. A use of a
building or other development. which cannot be
achieved unless the building or other
development is located in close proximity to
water. The term includes only docking
facilities, port facilities that are necessary for
the loading and unloading of cargo or
passengers, and ship building and ship repair
facilities, and does not include long-term
storage or related manufacturing facilities.
Governin!Z bodv. The City Commission of
Winter Springs, which is empowered to adopt
and implement regulations to provide for the
public health, safety and general welfare of its
citizenry.
Hardshiv. As related to Section 8-34,
Variances, of this ordinance means the
exceptional hardship that would result from a
failure to grant the requested variance. The
City requires that the applicant prove that the
variance is exceptional. unusual. and peculiar to
the property involved. Economic or financial
hardship alone is not exceptional.
Inconvenience, aesthetic considerations,
physical handicaps, personal preferences, or the
disapproval of one's neighbors likewise cannot.
as a rule, qualify as an exceptional hardship.
All of these problems can be resolved through
other means without granting a variance, even
if the alternative is more expensive, or requires
the property owner to build elsewhere or put
the parcel to a different use than originallv
intended.
Highest adjacent grade. The highest natural
elevation of the ground surface, prior to
construction, next to the proposed walls of a
structure.
Historic structure. Any structure that is:
I. Listed individually in the National
Register of Historic Places (a listing
maintained by the United States
Department of Interior) or preliminarily
determined by the Secretary of the Interior
as meeting the requirements for individual
listing on the National Register:
Proposed Revision - 2000
2. Certified or preliminarily determined by
the Secretary of the Interior as contributing
to the historical significance of a registered
historic district or a district preliminarily
determined by the Secretary to qualify as a
registered historic district.
Lowest floor. The lowest floor of the lowest
enclosed area (including basement). An
unfinished or flood-resistant enclosure, usable
solely for parking of vehicles, building access or
storage, in an area other than a basement area, is
not considered a building's lowest floor, provided
that such enclosure is not built so as to render the
structure in violation of the applicable non-
elevation design requirements of the chapter.
}.1a.ngnnc sta.nd ;\n assemblage of mangrove
trees \-vhioh are mostly 10'1.' trees notcd for a
copious dC'/clopment of interlacing adventitious
roots above the ground und 'vvhieh contain one (1)
or more of the follov.'ing speeies: Black
mangrove (Avioonnia Nitida); red mangrove
(Rhizophora Mangle); white mangrove
(Langunculuria Raeemosa); and buttonwood
(Conooarpus Erectu).
Manufactured home. A structure, transportable
in one (1) or more sections, which is built on a
permanent chassis and is designed for use with or
without a permanent foundation when connected
to the required utilities. For floodplain
management purposes the term "manufactured
home" also includes park trailers, travel trailers,
and other similar vehicles placed on a site for
greater than one hundred eighty (180)
consecutive days. For insurance purposes the
term "manufactured home" does not include park
trailers, travel trailers, and other similar vehicles.
Manufactured home park or subdivision. A
parcel (or contiguous parcels) of land divided
into two (2) or more manufactured home lots for
rent or sale.
Mean sea level (MSL). The average height of
the sea for all stages of the tide. It is used as a
reference for establishing varying elevations
within the floodplain. For purposes of this
chapter, the term is synonymous with National
Geodetic Vertical Datulll (NGVD).
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FLOOD DAMAGE PREVENTION
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lvfobile Home. See Manufactured home.
National Geodetic Vertical DatulIl (NGVD).
As corrected in 1929, NGVD is a vertical
control used as a reference for establishing
varying elevations within the floodplain.
New construction. Structures for which the
"start of construction" commenced on or after
the effective date of this chapter.
New manufactured home oark or
subdivision. A manufactured home park or
subdivision for which the construction of
facilities for servicing the lots on which the
manufactured homes are to be affixed
(including at a minimum. the installation of
utilities, the construction of streets, and either
final site grading or the pouring of concrete
pads) is completed on or after the effective date
of floodplain management regulations adopted
by this community.
Obstruction. Includes, but is not limited to,
any dam, wall, wharf, embankment, levee. dike,
pile, abutment, protection, excavation,
channelization, bridge, conduit, culvert,
building, wire. fence, rock. gravel. refuse, fill.
structure, vegetation or other material in, along,
across or proiecting into any watercourse which
may alter, impede, retard or change the
direction and/or velocity of the flow of water,
or due to its location, its propensity to snare or
collect debris carried bv the flow of water, or
its likelihood of being carried downstream.
One-hundred-vear flood or "1 VV-year flood.
See Base flood.
Public safety and nuisance. As related to
Section 8-34, Variances, of this ordinance
means that the granting of a variance must not
result in anything which is iniurious to safety or
health of an entire community or neighborhood,
or any considerable number of persons, or
unlawfully obstructs the free passage or use, in
the customary manner, of any navigable lake,
or river, bay, stream, canal, or basin.
Recreational vehicle. A vehicle \\Thich is:
Pruposed Revisioll - 2()()()
I. Built on a single chassis:
2. 400 square feet or less when measured at
the largest horizontal projection:
3. Designed to be self-propelled or
permanently towable by a light-duty truck:
and
4. Designed primarily not for use as a
permanent dwelling but as temporary living
quarters for recreational. camping, travel. or
seasonal use.
Regulatory Flood. For purposes of this chapter,
a flood event having a one-percent chance of
occurring in any given year, although the flood
may occur in any year, i.e., the hundred-year
flood.
Regulatory jlood elevation. The crest elevation
in relation to mean sea level expected to be
reached by the regulatory flood at any given
point in an area of special flood hazard,
Regulatory jloodway. The channel of a river or
other watercourse and the adjacent land areas
that must be reserved in order to discharge the
velocity waters of the regulatory flood.
Remedv a violation. To bring the structure or
other development into compliance with State or
local floodplain management regulations, or, if
this is not possible. to reduce the impacts of its
noncompliance. Ways that impacts may be
reduced include protecting the structure or other
affected development from flood damages,
implementing the enforcement provisions of the
ordinance or othelWise deterring future similar
violations, or reducing State or Federal financial
exposure with regard to the structure or other
development.
Riverine. Relating to, formed by, or
resembling a river (including tributaries), stream,
brook. etc.
Sheet flow area.
floodinf[.
See Area of shallow
Special flood hazard area (SFHAr An area
having special flood and shown on the FIRM as
Zone A, AI-A30, AE, A99, AI-!.
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FLOOD DAMAGE PREVENTION
Start oj construction (includes substantial
improvement). The date the building pern1it
was issued, provided the actual start of
construction, repair, reconstruction, placement,
or other improvement was within one hundred
eighty (180) days of the permit date. The
actual start means either the first placement of
permanent construction of a structure on a site,
such as the pouring of slab or footings, the
installation of piles, the construction of
columns, or any work beyond the stage of
excavation; or the placement of a manufactured
home on a foundation. Permanent construction
does not include land preparation, such as
clearing, grading and filling; nor does it include
the installation of streets and/or walkways; nor
does it include excavation for a basement,
footings, piers, or foundations or the erection of
temporary forms; nor does it include the
installation on the property of accessory
buildings, such as garages or sheds not
occupied as dwelling units or not part of the
main structure.
Structure. A walled and roofed building, that
is principally aboveground and affixed to a
permanent site, as well as a mobile home on ~
foundation. The term includes a building while
in the course of construction, alteration or
repair but does not include building materials or
supplies intended for use in construction,
alteration or repair, unless such materials or
supplies are within an enclosed building on the
premises. The words "building" and "structure"
shall have the same meaning for the purposes
of this chapter.
Substantial damage. Damage of any ongm
sustained by a structure whereby the cost of
restoring the structure to its before damaged
condition would equal or exceed 50 percent of
the appraised value of the structure before the
damage occurred.
Substantial I improvement. Any repair,
reconstruction, or improvement of a structure,
the cost of which equals or exceeds fifty (50)
percent of the market appraised value of the
struclure either before the improvement or
repair is started, or if the structure has been
damaged and is being restored, before the
Proposed I{evisioll - 2000
damage oCCUlTed. For the purpose of this
definition "substantial itnprovement" is
considered to occur when the first alteration of
any wall, ceiling, floor or other structural part of
the building commences, whether or not that
alteration affects the external dimensions of the
structure. The term does not, however, include
either any project for improvement of a structure
to comply with existing state or local health,
sanitary, or safety code specifications which are
solely necessary to ensure safe living conditions,
or any alteration of a structure listed on the
National Register of Historic Places or a state
inventory of historic places.
Variance. A grant of relief from the
requirements of this chapter which permits
construction in a manner that would otherwise be
prohibited by this chapter.
Violation. The failure of a structure or other
development to be fully compliant with this
ordinance. A structure or other development
without the elevation certificate, other
certifications, or other evidence of compliance
required in this ordinance is presumed to be in
violation until such time as that documentation is
provided.
Water surface elevation. The height. in
relation to the National Geodetic Vertical Datum
(NGVD) of 1929, (or other datum, where
specified) of floods of various magnitudes and
frequencies in the floodplains of coastal or
nvenne areas.
Watercourse. A lake, river, creek, stream,
wash, arroyo, channel or other topographic
feature on or over which waters flow at least
periodically. Watercourse includes specifically
designated areas in which substantial flood
damage may occur.
Sec. 8-2. Statement of purpose and objectives.
The purpose and objectives of this chapter are
to promote the public health, safety, and general
welfare, and to minimize public and private
losses due to flood conditions in specific areas by
provisions designed:
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FLOOD DAMAGE PREVENTION
(1) To protect human life and health;
(2) To minimize expenditure of public
money for costly flood-control
projects;
(3) To minimize the need for rescue and
relief efforts associated with flooding
and generally undertaken at the
expense of the general public;
(4) To minimize prolonged business
interruptions;
(5) To minimize damage to public
facilities and utilities such as water
and gas mains; electric, telephone
and sewer lines; streets and bridges
located in areas of special flood
hazard;
(6) To help maintain a stable tax base by
providing for the second use and
development of areas of special flood
hazard so as to minimize future flood
blight areas;
(7) To ensure that potential buyers are
notified that property is in an area of
special flood hazard; and,
(8) To ensure that those who occupy the
areas of special flood hazard assume
responsibility for their actions.
Sec. 8-3. Methods of reducing flood losses.
In order to accomplish its purpose and
objectives, this chapter includes methods and
provisions for:
(1) Restricting or prohibiting uses which
are dangerous to health, safety, and
property due to water or erosion
hazards, or which result in damaging
increases in erosion or in flood heights
or velocities;
(2) Requiring that uses vulnerable to
!loods, including facilities which serve
such uses, be protected against !lood
Proposed Revision - 2000
damage at the time of initial
construction;
(3) Controlling the alteration of natural
floodplains, stream channels, and natural
protective barriers, which help
accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging,
and other development which may
increase flood damage; and,
(5) Preventing or regulating the construction
of flood barriers which will unnaturally
divert floodwaters or which may increase
flood hazards in other areas.
Sec. 8.4. Lands to which this chapter applies.
This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the city.
Sec. 8-5. Basis for establishing areas of special
flood hazard.
The areas of special flood hazard identified by
the Federal Insurance administrator
Administration (FIA) of the Federal Emergency
Management Agency (FEMA) in a scientific and
engineering report entitled "The Flood Insurance
Study (FIA) for the City of Winter Springs,
Florida," dated Muroh 16, 1981 April 17, 1995
wttfl and accompanying flood boundary and
floodway map and flood insurance rate map and
all subsequent amendments and/or revisions are
hereby adopted by reference and declared to be a
part of this chapter. The flood insurance study
and attendant mapping is the minimum area of
applicability and may be supplemented by studies
for other areas which allow implementation of
this chapter and which are recommended to the
City by the Floodplain Administrator. The study
FIRMS and FBFMs are is on file at the city hall,
1126 East State Road 434, Winter Springs,
Florida, 32708.
Sec. 8-6. Abrogation and greater
restrictions.
This chaptcr is not intended to repeal, abrogate,
or impair any existing casements, covenants or
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FLOOD DAMAGE PREVENTION
deed restrictions. However, where this chapter
and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall
prevail.
Sec. 8-7. Interpretation.
In the interpretation and application of this
chapter, all provisions shall be:
(1) Considered
requirements;
as
mlmmum
(2) Liberally construed ill favor of the
governing body; and
(3) Deemed neither to limit nor repeal
any other powers granted under state
statutes.
Sec. 8-8. Warning regarding area of special
flood hazard designations.
The degree of flood protection required by
this chapter is considered reasonable for
regulatory purposes and is based on scientific
and engineering considerations. Larger floods
can and will occur on rare occasions. Flood
heights may be increased by manmade or
natural causes. This chapter does not imply
that land outside the areas of special flood
hazard or uses permitted within such areas will
be free from flooding or flood damages. This
chapter sha1l not create liability on the part of
the City, any officer or employee thereof, the
State of Florida, the Federal Insurance
Administration, or the Federal Emergency
Management Agency, for any flood damages
that result from reliance on this Ordinance or
any administrative decision lawfully made
hereunder. In addition, nothing herein shall be
deemed as a waiver of the City's right to
sovereign immunity under State and Federal
law.
Sec. 8-9. Penalties for noncompliance.
No structure or land sha1l hereafter be
constructed, located, extended, converted, or
altered without full compliance with the terms
Proposed l{cvisioll - 2000
of this chapter. Failure to comply with any of its
requirements (including violations of conditions
and safeguards established in connection with
grants of variances) sha1l constitute a
misdemeanor. Any person who violates this
chapter or fails to comply with any of its
requirements sha1l upon conviction thereof be
fined not more than five hundred dollars
($500.00) or imprisoned for not more than ninety
(90) days, or both, for each violation, and in
addition shall pay all costs and expenses involved
in the case. Each day such violation continues
shall be considered a separate offense. Nothing
herein contained shall prevent the city from
taking such other lawful action as is necessary to
prevent or remedy any violation.
Sees. 8-10-8-30. Reserved.
ARTICLE II. ADMINISTRATION
Sec. 8-31. Designation of the floodplain
damage eontrol administrator.
The city manager is hereby appointed the
floodplain damage control administrator to
administer and implement this chapter. The city
manager may delegate the responsibilities for the
individual tasks contained herein.
Sec. 8-32. Duties and responsibilities of the
floodplain damage eontrol
administrator.
Duties of the floodplain damagc control
administrator shall include, but not be limited to:
(1) Permit review. Review a1l development
permits to determine that:
a. Rc...ie'N a1l applioations for
de'..elopment permits to determine that
The requirements of this chapter have
been satisfied.
b. Review all applications for
development permits to detennine
tfla.t All necessary pern1its have been
obtained from those federal, state or
local governmental agencies from
which prior approval is required.
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FLOOD DAMAGE PREVENTION
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S. The site is reasonably safe from
flooding, and
d. The proposed development does not
adversely affect the flood-carrying
capacity and/or flood-storage
capacity of the areas of special flood
hazard. For the purposes of this
article. "adversely affect" means
damage to adiacent properties
because of rises in flood stages
attributed to physical changes of the
channel and the adiacent overbank
areas. Without limiting the
foregoing, a development 1S
presumed to adversely affect the
flood-carrying and flood-storage
capacities of the flood plain if it
proposes or requires the filling of
land in an area of special flood
hazard without simultaneously
providing additional flood-carrying
and flood-storage capacities to
compensate for that capacity which
is lost because of such filling.
(2) Interpretation of FIRM boundaries.
Make interpretations where needed, as to
the exact location of the boundaries of
the areas of special flood hazards (for
.example, where there appears to be a
conflict between a mapped boundary and
actual field conditions). Any person
contesting the location of the boundary
shall be given a reasonable opportunity
to appeal the interpretation as provided in
section 8-34.
(3) Use of other base flood data. To
supplement the base flood elevation data
provided in accordance with section 8-5,
the floodplain damage control
administrator shall obtain, review, and
reasonably utilize any base flood
elevation and floodway data available
from a federal, state or other source (U.S.
Army Corps of Engineers, U.S.
Geological Survey, U.S. Soil
Conservation Service, state water
management districts, development plans
Proposed I{evisioll . 2()()()
for more than fifty (50) lots or five (5)
acres as criteria for requiring that new
construction, substantial improvements, or
other development in Zone A meet the
requirements of section 8-52(1), specific
standards, residential construction, and
section 8-52(2).
(4) Issuance of permit and record keeping.
After ascertaining that all requirements of
this chapter have been met, the floodplain
damage oontrol administrator may issue
the development permit. After issuance of
the permit, the local administrator shall:
a. Acquire a flood elevation or
floodproofing certificate after the
lowest floor is completed. Within
twenty-one (21) calendar days of
establishment of the lowest floor
elevation or floodproofing by
whatever construction means, it shall
be the duty of the permit holder to
submit to the city manager a
certification of the elevation of the
lowest floor or flood proofed
elevation, as built, in relation to mean
sea level. Such certification shall be
prepared by or under the direct
supervision of a registered land
surveyor or professional engineer and
certified by same. When
floodproofing is utilized for a
particular building, such certification
shall be prepared by or under the
direct supervision of a professional
engineer or architect and certified by
same. Any work done within the
twenty-one-day calendar period and
prior to submission of the certification
shall be at the permit holder's risk.
The city manager or designated
subordinate shall review the flood
elevation survey data submitted.
Deficiencies detected by such review
shall be corrected by the permit
holder immediately and prior to
further progressive work being
permitted to proceed. Failure to
submit the surveyor failure to make
such corrections required hereby,
8
FLOOD DAMAGE PREVENTION
I
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shall be cause to issue a stop work
order for the project. In zone ^
only, the preceding certification is
not required mwept in those
instances in 'Nhich base flood
cle','ation data are used from sources
supplementary to seetion 8 5.
b. Maintain for public inspection all
records pertaining to the provisions
of this chapter.
(5) Control of alteration of watercourses.
The local administrator shall:
a. Notify adjacent communities, the St.
Johns River Water Management
District. and the state department of
community affairs prior to any
alteration or relocation of a
watercourse, and submit evidence of
such notification to the Federal
Insurance Administration.
b. Require that maintenance IS
provided within the altered or
relocated portion of such
watercourse so that the flood
carrying capacity is not diminished.
(6) Take remedial action on any violations of
this chapter.
Sec. 8-33. Development permit.
(a) Establishment of permit. A
development permit shall be obtained before
construction or development begins within any
area of special flood hazard established in
section 8-5.
(1) New developments. When new
development proposals include lands
designated as areas of special flood
hazard, the aforementioned
development permit shall not be
issued until all applicable
requirements of Chapter 9 of this
Code have been fulfilled.
Specifically, the procedures outlined
in section 9-101(a)(2) shall be
required. In addition, the provisions
of section 9-241 which exceed the
I'roposed Revision - 200()
prOVISIOns of this chapter, shall apply
and be prerequisites to issuance of the
development permit.
(2) Construction in existing developments.
Already developed lands within or
including areas of special flood hazard
in this city for which building permits
are requested shall be subject to the
provisions of this chapter, as shall lands
described in (a) above. After land
development is completed no
construction of any nature, neither
buildings, nor site preparation, nor
modification of existing roads, utilities,
drainage systems or other nonstructural
improvements shall be allowed within
areas of special flood hazard until the
development permit herein required has
been issued.
(b) Application for permit Application for a
development permit shall be made on forms
furnished by the floodplain damage control
administrator and may include, but not be limited
to, plans in triplicate drawn to scale showing the
nature, location, dimensions, and elevations of
the area in question; existing or proposed
structures, fill, storage of materials, drainage
facilities, and the location of the foregoing.
Specifically, the following information is
required with application for the development
permit:
(I) Elevation in relation to mean sea level of
the proposed lowest floor (including
basement) of all structures.
(2) Elevation in relation to mean sea level to
which any nonresidential structure will
be floodproofed.
(3) Certification from a registered
professional engineer or architect that the
nonresidential floodproofed structure
meets the floodproofing criteria In
section 8-52(2).
(4) Description of the extent to which any
watercourse will be altered or relocated
as a result of proposed development.
9
FLOOD DAMAGE PREVENTlON
(
Sec. 8-34. Variance procedure.
(a) Appeal board.
(1) The city commission as established by
the city shall hear and decide appeals and
requests for variance from the
requirements of this chapter.
(2) The city commission shall hear and
decide appeals when it is alleged there is
an error in any requirement, decision, or
determination made by the floodplain
damago oontrol administrator in the
enforcement or administration of this
chapter.
(3) Those aggrieved by the decision of the
city commission or any taxpayer, may
appeal such decision to the circuit court.
(b) Conditions under which variances may
be granted.
(1) In passing upon such application, the
city commission, shall consider all
technical . evaluations, all relevant
factors, standards specified in other
sections of this chapter, and, the danger
that material may be swept onto other
lands to the injury of others; the danger
to life and property due to flooding or
erosion damage; the susceptibility of
the proposed facility and its contents to
flood damage and the effect of such
damage on the individual owner; the
importance of the services provided by
the proposed facility to the community;
the necessity to the facility of a
waterfront location, where applicable;
the compatibility of the proposed use
with existing and anticipated
development; the relationship of the
proposed use to the comprehensive
plan and floodplain management
program of that area; the availability of
alternative locations not subject to
flooding or erosion damage for the
proposed use; and the safety of access
Proposed ({evisiofl . 2000
to the property in times of flood for
ordinary and emergency vehicles.
(2) Variances may be issued for the
reconstruction, rehabilitation or
restoration of structures listed on the
national register of historic places or the
state inventory of historic places without
regard to the procedures set forth in the
remainder of this section.
(3) Variances shall only be issued upon a
determination that the variance is the
minimum necessary, considering the
flood hazard, to afford relief.
(4) Variances shall not be issued within any
mapped regulatory floodway.
€41ill Variances shall only be issued upon a
showing of good and sufficient cause; a
determination that failure to grant the
variance would result in exceptional
hardship to the applicant; and a
determination that the granting of a
variance will not result in increased flood
heights, additional threats to public
safety, or extraordinary public expense;
create nuisances; cause fraud on or
victimization of the public, as identified
in (b)(J) above; or conflict with the local
government comprehensive plan or with
other existing local laws or ordinances.
tB@ Any applicant to whom a variance is
granted shall be given written notice that
the structure will be permitted to be built
with a specific, reduced lowest floor
elevation and that the cost of flood
insurance will be commensurate with the
increased risk resulting from the reduced
lowest floor elevation.
E61ill The city commission may attach such
conditions to the granting of any
variance as it deems necessary to further
the purposes of this chapter.
(8) The Floodplain Administrator will
maintain a record of all variance actions,
including iustification for their isuance.
10
FLOOD DAMAGE PREVENTION
(
and report such variances issued to the
Federal Insurance Administration,
Federal Emergency Management
Agency.
Sees. 8-35-8-50. Reserved.
ARTICLE III. STANDARDS
Sec. 8-51. General standards.
In all areas of special flood hazards the
following standards are required:
(1) Anchoring:
(
a. All new construction and substantial
improvements shall be anchored to
prevent flotation, collapse, or lateral
movement of the structure.
b. All manufactured homes shall be
installed using methods and
practices which minimize flood
damage. For the purposes of this
requirement, manufactured homes
must be elevated above the base
flood level and anchored to the
elevated foundation, to resist
flotation, collapse or lateral
movement. Methods of anchoring
may include, but are not limited to,
use of over-the-top or frame ties to
ground anchors. This requirement
is in addition to applicable state and
local anchoring requirements for
resisting wind forces.
Manufactured homes manufactured
after June 15, 1976, with provisions
for installation of anchoring
systems, including instructions, in
accordance with Federal Mobile
Home Construction and Safety
Standards, section 280.306, shall be
installed in accordance with the
manufacturer's instructions.
Manufactured homes not provided
with such installation instructions,
or manufactured homes not
provided with instructions for the
Proposed ReVision - :WOO
hurricane zone, shall comply with the
State of Florida Department of
Highway Safety and Motor Vehicles,
Bureau of Mobile Home
Construction. Any additions to the
manufactured home must be similarly
anchored.
(2) Construction materials and methods:
a. All new construction and substantial
improvements shall be constructed
with materials and utility equipment
resistant to flood damage.
b. All new construction and substantial
improvements shall be constructed
using methods and practices that
minimize flood damage.
(3) Utilities:
a. All new and replacement water
supply systems shall be designed to
minimize or eliminate infiltration of
floodwaters into the system.
b. New and replacement sanitary
sewage systems shall be designed to
minimize or eliminate infiltration of
floodwaters into the systems and
discharge from the systems into
floodwaters.
c. On-site waste disposal systems
shall be located to avoid impairment
to them or contamination from them
during flooding.
(4) Subdivision proposals:
a. All subdivision or other land
development proposals shall be
consistent with the needs to
minimize flood damage.
b. All such proposals shall have
public utilities and facilities such
as sewer, gas, electrical, and water
systems located and constructed to
minimize flood damage.
c. All such proposals shall have
adequate drainage provided to
reduce exposure to flood damage.
II
FLOOD DAMAGE PREVENTION
d. Base flood elevation data shall
be provided for subdivision
proposals and other proposed
developments which contain at
least fifty (50) lots or fi'/e (5)
acres (vlhiohevor is loss). All
preliminarv subdivision
proposals shall identify the flood
hazards area and the elevation of
the base flood.
e. All subdivision plans will
include the elevation of proposed
structure(s) and pad(s). If the
site is filled above the base flood
elevation. the lowest floor and
pad elevations shall be certified
by a registered professional
engineer or surveyor and
provided to the Floodplain
Administrator.
e.[ All requirements of Chapter 9 of
this Code which exceed the
above criteria shall apply.
with walls substantially impermeable to
the passage of water.
b. Have structural components capable of
resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
c. Be certified by a registered
professional engineer or architect, who
shall develop and/or review structural
design, specifications, and plans for the
construction, and shall certify that the
design and methods of construction are
in accordance with accepted standards
of practice for meeting the applicable
provisions of this chapter. Such
certificates, which include the specific
elevation (in relation to mean sea level)
to which such. structures are
floodproofed, shall be maintained by
the local administrator as set forth in
section 8-32(4)a.
(3) Mobile homes:
a. Be Iloodproofed so that below the
base (load the structure is watertight
a. Mobile homes shall be anchored in
accordance with section 8-51(1)b.
b. For new mobile home parks and
mobile home subdivisions, for
expansions to existing mobile home
parks and mobile home subdivisions,
for existing mobile home parks and
mobile home subdivisions where the
repair, reconstruction or improvement
of the streets, utilities and pads equals
or exceeds fifty (50) percent of the
value of the streets, utilities and pads
before the repair, reconstruction or
improvement has commenced, and
for mobile homes not placed in a
mobile home park or mobile home
subdivision, it is required that:
1. Stands or lots are elevated on
compacted fill or on pilings so
that the lowest floor of the
mobile home will be at or above
the base flood level;
2. Adequate surface drainage and
access for a hauler arc provided;
and
3. In the instance of elevation on
pilings, that lots arc large enough
to permit steps, piling
Sec. 8-52. Specific standards.
In all areas of special flood hazards where
base flood elevation data have been provided as
set forth in section 8-5 or in section 8-32 the
following standards are required:
(I) Residential construction: New
construction and substantial
improvement of any residential
structure shall have the lowest floor,
including basement, elevated te-& ll.
inches above base flood elevation.
(2) Nonresidential construction: New
construction and substantial
improvement of any commercial,
industrial or other nonresidential
structure shall either have the lowest
floor, including basement, elevated to
18 inches above the level of the base
flood elevation or, together with
attendant utility and sanitary facilities,
sha II:
Proposed Revisioll . 2000
12
FLOOD DAMAGE PREVENTION
(
foundations are placed in stable
soil no more than ten (10) feet
apart, and reinforcement is
provided for pilings more than
six (6) feet above the ground
level.
c. No mobile home shall be placed in a
regulatory flood way or coastal high
hazard area, except in an existing
mobile home park or an existing
mobile home subdivision.
(
(4) Enclosed areas below a structure's lowest
floor: For all new construction and
substantial improvements, fully enclosed
areas below the lowest floor that are
subject to flooding shall be designed to
automatically equalize hydrostatic flood
forces on exterior walls by allowing for
the entry and exit of floodwaters.
Designs for meeting this requirement
must either be certified by a registered
professional engineer or architect or must
meet or exceed the following minimum
criteria: A minimum of two (2) openings
having a total net area of not less than
one (1) square inch for every square foot
of enclosed area subject to flooding shall
be provided. The bottom of all openings
shall be no higher than one (1) foot above
grade. Openings may be equipped with
screens, louvers, or other coverings or
devices provided that they permit the
automatic entry and exit of floodwaters.
(5) Mechanical and utility equipment: New
installation and substantial improvement
of any electrical, heating, ventilation,
plumbing, and air-conditioning
equipment and other service facilities
shall be elevated above the base flood
elevation or designed so as to prevent
water from entering or accumulating
within the equipment components during
conditions of flooding.
Sec. 8-53. Standards for areas of shallow
Hooding (AO zones).
Located within the arcas of special flood
hazard established in section 8-5 arc areas
Proposed J{cvision - 2()()()
designated as shallow flooding. These areas
have special flood hazards associated with base
flood depths 0 f one (1) to three (3) feet where a
clearly defined channel does not exist and where
the path of flooding is. unpredictable and
indeterminate; therefore, the following provisions
apply:
(1) All new construction and substantial
improvements of residential structures
shall have the lowest floor, including
basement, elevated to the depth number
specified on the flood insurance rate map,
in feet, above the highest adjacent grade.
If no depth number is specified, the lowest
floor, including basement, shall be
elevated at least two (2) three (3) feet
above the highest adjacent grade.
(2) All new construction and substantial
improvements of nonresidential structures
shall:
a. Have the lowest floor, including
basement, elevated to the depth
number specified on the flood
insurance rate map, in feet, above the
highest adjacent grade (if no depth
number is specified, the lowest floor,
including basement, shall be elevated
at least hvo (2) three (3) feet above
the highest adjacent grade) or,
b. Together with attendant utility and
sanitary facilities, be completely
floodproofed to or above that level so
that any space below that level is
watertight with walls substantially
impermeable to the passage of water
and with structural components
having the capability of resisting
hydrostatic and hydrodynamic loads
and effects of buoyancy.
Sec. 8-54. Standards for small streams.
Located within the areas of special flood hazard
established in section 8-5, where small stTeams
exist but where no base flood data have been
provided or where no flood ways have been
provided, the following provisions apply:
13
FLOOD DAMAGE PREVENTION
(
(I)
No encroachments, including fill
material or structures shall be located
within a distance of the stream bank
equal to five (5) times the width of
the stream at the top of bank or
twenty (20) feet on each side from
top of bank, whichever is greater,
unless certification by a registered
professional engineer is provided
demonstrating that such
encroachments shall not result in any
increase in flood levels during the
occurrence of the base flood
discharge.
(2) New construction or substantial
improvements of structures shall be
elevated or floodproofed in
accordance with elevations
established in accordance with section
8-32(3).
Sec. 8-55. Standards for regulatory
flood ways.
When floodways are designated within areas
of special flood hazard, additional criteria will
be met. Since the floodway is an extremely
hazardous area due to the velocity of
floodwaters which carry debris, potential
projectiles, and erosion potential, the
following provisions shall apply:
(1) Encroachments are prohibited,
including fill, new construction,
substantial improvements and other
developments unless certification by a
professional registered engineer or
architect is provided demonstrating
that encroachments shall not result in
uny increase in flood lc./cls during
oecun-cnee of the base flood
disoharge.
(2) r f (I) above is satisfied, all ne.....
construction and substantial
~rovements shull compl)' ',vith all
applicable flood ha~:ard reduotion
provisions of seotion 8 51 and section
8 52. This prohibition shall not
preclude the City or other
Proposed Revision - :woo
govemmental agency from performing
maintenance or flood control
improvements in the floodway to
maintain the viability of the floodway_
See. 8 56. Sand dunes and mallgreve stands.
There shull bc no alteration of sand dunes or
mangrove stands which would increase
potential flood damage.
14
Recommcndcd Change to thc Land
Dcvelopment Code
Sec. 9-241 Stormwater iVfanagcll1cnt
(c) ll1e drainage system for each subdivision
shall include a sufficient facility to remove
stormwater without flooding any lot in the
proposed subdivision or in the sun'ounding
territory. All residential floor elevations shall
be 0 minimum of one and one half (1 ~/") fect
above the hundred ycar flood stage elevated 18
inches above base flood elevation.
All non-residential finished floor elevations
shall be elevated 18 inches above the base flood
elevation unless flood proofed in accordance
with Sec. 8-52(2) of the Flood Damage
Prevention Code.
J:\W0495\WD\LDC CHANGE.DOC
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ATTACHMENT B
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lJll/U':>;UIJ
16: ill
'0';11) 7 ti 5 i' 7 lJ IJ ,')
!:J/{EEULOVE DENNIS
((D002
BDA
E!',VI!,UN;'1l:N j :\L CON:iULTANTS
OUTLINE FOR WORKSHOP TO DISCUSS CITY ORDINANCES RELATED TO WETLANDS,
CONSERV A TION AREAS, TlffiEA TENED OR ENDANGERED SPECIES AND SPECIES OF
SPECIAL CONCERN AND THEIR HABITATS, AND BOAT DOCKS
A. introduction
Overview of scope of work completed by Breedlove, Dennis & Assodales, lnc.
B. Ordinance Review
1. Overview of existing federal and state regulations relative t.J wetlands, conserv.1t1on areas
(CAs), Threatened or Endangered (T &E) species and Species of Special Concern (SSe)
and their habitats, and boat docks. .
a. Departmenl of the Army. Corps ofEn!:,rineers (ACOE)
b, U.S. Fish l1l1d Wildlife Service (USFWS)
c. St. Johns River Water Management District (SJRWMD)
d. Florida Fish and Wildlife Conservation Conunission (FWC)
2. Overview of City of Winter Springs applicable ordinances.
a. Comprehensive Plan (1990-2010)
b. Chapter 5 - Arbor Ordinance
c. Chapter 8 - Flood Damage Protection
d. Chapter 20 - Zoning
3. Overview of other representative city/county ordinances.
a. Seminole County Land Development Code
b. Orange COW1ty Code of Ordinances
c. City of Orlando's Growth Management Plan
d. Volusia County Code of Ordinances
4. Overview of existing natural resources within the city of Winter Springs
C. Recommendations
I. Do not duplicate existing stale and federal regulations in place for wetlands, CAs, T&E
and sse and their habitats, and boat docks.
2. Consideration of additioual ordinance dc:velopment for the City of Winter Springs to
target special City concerns related to unique natural rewurces prcs~n( withW tbe City
that are not otberwise addressed by the federal nnd state agencies.
3. Coordination with [he SJRWMD staff on a regular ba~is regarding pending permil
applicaliolllJ for proJecls localed within the city of Winter Springs.
P:\ADMIN\PROITCTS\99126\M I SClOlFn.O'{E.DOC
Ill'LEDU)v}:, 1l1:NI-IIS & ASS(lC1ATE.'-l.IN(:.
j lO '1/ CI\t~'(CiN ^Vr.~I.I;:. I WINTIlt I.'AI(K. I'L \l7~'i
I'II,').-,}'. '101.(,/7 lo~lll F:\,\ 407.(,~7.700.~
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ATTACHMENT C
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BDA
ENVIRONMENTAL CONSULTANTS
99126-10.1
RESULTS OF REVIEW OF CITY ORDINANCES
RELA TED TO WETLANDS, CONSERV A TION AREAS,
THREATENED OR ENDANGERED SPECIES
AND SPECIES OF SPECIAL CONCERN AND THEIR HABITATS,
AND BOAT DOCKS FOR THE CITY OF WINTER SPRINGS,
SEMINOLE COUNTY, FLORIDA
Submitted to:
Mr. Charles Carrington
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
Phone: 407-327-1800
Fax: 407-327-4753
October 16, 2000
Submitted by:
~C~
Penny E. C Ie, B.S.
Associate Scientist IV
~~..
. I.' -.....'\"...
W. Michael Dennis, Ph.D.
President
BREEDLOVE, DENNIS & ASSOCIATES, INC.
330 W CANTON AVENUE / WINTER PARK, FL 32789
PHONE 407,677-1882 / FAX 407-657- 7008
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3.0
4.0
TABLE OF CONTENTS
1.0
INTRODUCTION
2.0
ORDINANCE REVIEW
2
2.1 Overview of Existing State and Federal Regulations..........................................................2
2.1.1 Department of the Army, Corps of Engineers........................................................2
2.1.2 U.S. Fish and Wildlife Service...............................................................................3
2.1.3 S1. Johns River Water Management District.......................................................... 4
2.1.4 Florida Fish and Wildlife Conservation Commission............................................ 7
2.2 Overview of Existing City of Winter Springs Ordinances.................................................. 7
2.3 Overview of Existing Ordinances for Select Representative Cities and Counties..............8
2.3.1 Overview of Existing Ordinances for Seminole County........................................8
2.3.2 Overview of Existing Ordinances for Orange County ...........................................9
2.3.3 Overview of Existing Ordinances for Vo1usia County ........................................10
2.3.4 Overview of Existing Ordinances for the City of Orlando .................................. 11
EXISTING NATURAL RESOURCES
13
OPTIONS AND RECOMMENDATIONS
20
APPENDIX A
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
PERMIITING THRESHOLDS FROM SECTION 3.3 OF THE
"APPLICANTS HANDBOOK: MANAGEMENT AND STORAGE OF
SURFACE WATERS"
APPENDIX B
SUMMARY OF ORDINANCE REVIEW: CITY OF WINTER
SPRlNGS COMPREHENSIVE PLAN (1999 - 2010)
APPENDIX C
SUMMARY OF ORDINANCE REVIEW: SEMINOLE COUNTY
LAND DEVELOPMENT CODE
APPENDIX D
SUMMARY OF ORDINANCE REVIEW: ORANGE COUNTY CODE
OF ORDINANCES
APPENDIX E
SUMMARY OF ORDINANCE REVIEW: VOLUSIA COUNTY CODE
OF ORDINANCES
APPENDIX F
SUMMARY OF ORDINANCE REVIEW: CITY OF ORLANDO'S
GROWTH MANAGEMENT PLAN
P:\ADM IN\PROJ EC1'S\99126\REPOR1'S\RESUL 1'S. DOC
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TABLE OF CONTENTS (Continued)
APPENDiX G
LOCA TION OF NORTHWEST, SOUTH-CENTRAL, AND
SOUTHEAST SEGMENTS OF THE CITY OF WINTER SPRINGS
APPENDIX H
LOTIING PLANS WITHIN THE NORTHWEST, SOUTH-CENTRAL,
AND SOUTHEAST SEGMENTS OF THE CITY OF WINTER
SPRINGS
APPENDIX I
LOCATION OF UNDEVELOPED PARCELS WITHIN THE
NORTHWEST, SOUTH-CENTRAL, AND SOUTHEAST SEGMENTS
OF THE CITY OF WINTER SPRINGS
P:\ADMIN\PROJECTS\99126\REPORTS\RESUL TS.DOC 11
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1.0
INTRODUCTION
Pursuant to the request of the City of Winter Springs (City), Breedlove, Dennis & Associates, Inc.
conducted a review of the existing City ordinances as related to:
.
wetlands,
Conservation Areas (CAs),
Threatened or Endangered (T &E) species and Species of Special Concern (SSe) and their habitats,
and
boat docks.
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.
The purpose of this review was to identify existing protection measures provided for natural resources
through existing City ordinances, and to determine which of the existing adopted City ordinances, if any,
should be revised or amended to provide adequate protection to valuable natural resources within the City
limits without duplicating existing permitting regulations set in place by other regulatory agencies at the
state and federal level.
To accomplish this goal, ordinances developed by other select representative City and county governmental
entities were also reviewed relative to those ordinances developed for the City and to existing state and
federal regulations. The results of our analysis have been outlined in the following report.
P:\ADMIN\PROJECTS\99126\REPORTS\RESUL TS.DOC
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2.0
ORDINANCE REVIEW
As part of our review process, ordinances developed by the City and other select representative City and
county governmental entities were reviewed to. identify protective measures provided for natural
resources by various adopted ordinances relative to wetlands, CAs, T&E species and SSC and their
habitats, and boat docks. A review of existing regulations on the state and federal level [to include the St.
Johns River Water Management District (SJRWMD), Department of the Army, Corps of Engineers
(ACOE), Florida Fish and Wildlife Conservation Commission (FWC), and the U.S. Fish and Wildlife
Service (USFWS)], was also conducted to identify protective measures that have already been set in place
through permitting requirements for each of these agencies so as to avoid overlapping and duplicated
permitting efforts. The following sections summarize existing protective measures provided by state and
federal regulations, the existing City ordinances, and select representative City and county governmental
entities with protective measures ranging from minimal review criteria to elaborate protection criteria that
may at times duplicate existing protective measures provided for by state and federal regulations.
2.1 Overview of Existing State and Federal Regulations
2.1.1 Department of the Army, Corps of Engineers
The ACOE regulates dredging and filling activities pursuant to Section 10 of the Rivers and Harbors Act
and Section 404 of the Clean Water Act (CW A). Section 10 of the Rivers and Harbors Act requires a
permit for the construction of structures or work in or affecting navigable "waters of the United States"
(i.e., construction of wharves, piers, weirs, bulkheads, jetties, etc.). Section 404 of the CW A requires a
permit for the discharge of dredge or fill material into "waters of the United States" (i.e., ACOE
P:\ADMIN\PROJECTS\99 I 26\REPORTS\RESUL TS.DOC
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jurisdictional wetlands). If impacts were proposed to areas subject to the jurisdiction of the ACOE (i.e.,
"waters of the United States"), a pem1it would need to be obtained to authorize these activities. The types
of permits that could be obtained from the ACOE for proposed impacts to "waters of the United States"
range from Individual Pennits (to include Standard Permits and Letters of Permission) to General Permits
(to include Regional, Nationwide and Programmatic Permits), depending on the degree of impact
proposed.
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As part of the ACOE's Section 404 permit review process, the ACOE also takes into consideration the
effects of the proposed dredge and fill activities on water quality considerations and T &E species and/or
their habitat. Water Quality Certification is provided for by the issuance of a state permit by the water
management district or the Florida Department of Environmental Protection (FDEP). Coordination with
the USFWS and/or the National Marine Fisheries Service is conducted to ensure that the proposed
activities will not adversely affect species listed as T&E or their habitat.
As part of the mitigation review process, the ACOE will review the proposed project to ensure that
impacts to "waters of the United States" have been avoided and minimized to the greatest extent
practicable. Once these criteria have been sufficiently justified, compensatory mitigation must be
provided for the proposed impacts relative to the functions and values that these areas provide.
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2.1.2 U.S. Fish and Wildlife Service
The USFWS is a federal agency that is responsible for protecting fish and wildlife resources through the
Endangered Species Act (ESA) of 1973, 16 USC 1531-1544, December 28, 1973, as amended 1976 - 1982,
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1984 and 1998. Section 7 (a)( I) of the ESA requires that all federal agencies, in consultation with, and with
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the assistance of the USFWS, ensure that proposed activities are not likely to jeopardize the continued
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existence of species listed as T &E, to include the destruction or adverse modification of critical habitat for
these species. The USFWS publication, Endangered and Threatened Species of the Southeast United
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States ("The Red Book") identifies critical habitat for federally listed species. A Section 7 Consultation is
initiated when a federal agency determines that a proposed activity may affect a listed species and/or their
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habitat. Section 10 provides for the issuance of incidental take permits for listed species and requires the
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development of a Habitat Conservation Plan to offset adverse impacts to the respective species subject to
the permit.
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2.1.3 St. Johns River Water Management District
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The state water management districts regulate activities relative to the consumptive uses of water, well
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construction. and the management and storage of surl~lce waters through Chapter 373 of the Florida
Statutes (F.S.). More specifically. the regulation of Surface Water Management Systems (SWMS) is
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provided for through Chapters 40C-4, 40C-40, 40C-4], and 40C-400 of the Florida Administrative Code
(F.A.C.). An individual or general Environmental Resource Pennit (ERP) must be obtained for activities
that exceed the thresholds listed in Section 3.3 of the SJRWMD's "Applicant's Handbook: Management
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and Storage of Surface Waters" (included as Appendix A). Activities regulated by the SJRWMD include,
but are not limited to, proposed activities wholly or partially located in, on, or over any wetland or other
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surface water, to include the construction, alteration, or maintenance of boat ramps and associated
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accessory docks. Pursuant to Section 40C-4.30 I, F.A.C., an applicant "must provide reasonable
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assurance that the construction, alteration, operation, maintenance, removal, or abandonment of an
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SWMS:
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Will not cause adverse water quantity impacts to receiving waters and adjacent
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lands;
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b)
Will not cause adverse flooding to on-site or off-site property;
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c)
Will not cause adverse impacts to existing surface water storage and conveyance
capabilities;
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d)
Will not adversely impact the value of functions provided to fish and wildlife and
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listed species by wetlands and other surface waters;
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Will not adversely affect the quality of receiving waters such that the water
quality standards set forth in chapters 62-3, 62-4, 62-302, 62-520, 62-522 and 62-
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550, F.A.C., including any anti degradation provisions of sections 62-4.242 (l)(a)
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and (b), 62-4.242 (2) and (3), and 62-302.300, F.A.C., and any special standards
for Outstanding Florida Waters and Outstanding National Resource Waters set
forth in sections 62-4.242(2) and (3), F.A.C., will be violated;
f) Will not cause adverse secondary impacts to the water resources;
g) Will not adversely impact the maintenance of surface or groundwater levels or
surface water flows established in Chapter 40C-8, F.A.C.;
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h)
Will not cause adverse impacts to a work of the District established pursuant to
section 373.086, F.S.;
i)
Will be capable, based on generally accepted engmeenng and scientific
principles, of being performed and of functioning as proposed;
j)
Will be conducted by an entity with the financial, legal and administrative
capability of ensuring that the activity will be undertaken in accordance with the
terms and conditions of the permit, if issued; and
k)
Will comply with any applicable special basin or geographic area criteria
established in chapter 40C-41, F.A.C."
As part of the environmental review during the permitting process, the SJRWMD reviews the degree of
impact to affected jurisdictional wetland areas and other surface water functions. The applicant must
provide reasonable assurances that the proposed regulated activities will not adversely affect species
listed as T &E or sse and/or their habitat, will not be contrary to the public interest, will not violate water
quality standards (when applicable), will not cause adverse secondary impacts to the water resource, and
will not cause unacceptable cumulative impacts upon wetlands and other surface waters within the same
drainage basin as the regulated activity subject to the permit being sought. Compensatory mitigation is
required for activities that will result in adverse impacts to the functions provided by areas subject to the
jurisdiction of the SJRWMD. Mitigation can consist of the restoration, enhancement, creation, or
preservation of wetlands, other surface waters, or uplands, or through the purchase of mitigation credits
from an approved mitigation bank.
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2.1.4 Florida Fish and Wildlife Conservation Commission
Pursuant to Article IV, Section 9 of the Florida Constitution, the FWC regulates the taking of species
listed as T&E or SSC and their nests. The FWC Office of Environmental Services also provides technical
assistance relative to fish and wildlife issues for other agencies that regulate development activities such
as the Department of Community Affairs, FDEP, ACOE, water management districts, regional planning
councils, and local governments.
2.2 Overview of Existing City of Winter Springs Ordinances
As part of the ordinance review conducted for the City, the .following items were reviewed relative to
protective measures provided for natural resources, to include wetlands, CAs, and T &E species and SSC
and their habitats:
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Winter Springs Comprehensive Plan (1990-2010)
Chapter 5 - Arbor Ordinance
Chapter 8 - Flood Damage Protection
Chapter 20 - Zoning
==
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Based on this reView, the ordinances included in the documents listed above generally provide for
development criteria associated with land delineated as CAs, wetlands, areas within the 100-year
floodplain, upland habitat, T &E habitat, and small streams. A more detailed outline of the development
criteria associated with each of these areas has been included in the summary prepared for the City
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ordinance review included as Appendix B. General protection measures provided for by these ordinances
include minimum upland buffer distances for areas adjacent to wetlands, use of environmental easements
to restrict uses for environmentally sensitive areas (such as wetlands, areas within the lOO-year
floodplain, unique upland habitats, and T &E habitat), minimum upland buffers for areas adjacent to lakes,
delineation of wetlands consistent with the state and federal agencies, and minimum building setbacks
from lakes, streams, or water bodies. Special protection measures have also been developed for Lake
Jesup, existing natural reservations (such as the Spring Hammock Preserve), wetlands, and tree protection
criteria.
2.3 Overview of Existing Ordinances for Select Representative Cities and Counties
The following sections provide an overview of existing ordinances relative to wetlands, CAs, T &E
species and SSC and their habitats, and boat docks for select representative City and county governmental
entities. More detailed ordinance summaries for each of these cities/counties have been included in
Appendices C-F.
2.3.1 Overview of Existing Ordinances for Seminole County
The Seminole County Land Development Code provides for the protection of areas designated as
environmentally sensitive zones. These areas include tidal swamps, marine wetlands, pine flatwoods, and
freshwater wetlands. Activities permitted within the environmentally sensitive zones may include scenic,
historic, wildlife, or scientific preserves, minor maintenance or emergency repairs to existing structures,
recreational fishing, and select water-dependent activities. The current land development code also
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allows for the evaluation of wetland functions. . A more detailed summary of the Seminole County Land
Development Code review has been included as Appendix C. Pursuant to discussions with Seminole
County staff, the Seminole County Comprehensive Plan is currently being modified to provide for more
elaborate protection criteria. The staff currently required to carry out the objectives relative to wetlands,
CAs, and T &E and SSC and their habitat consists of approximately nine personnel [to include project
managers (approximately two), upper level manager (approximately one), entry level staff (approximately
one), administrative assistants (approximately two), Geographic Information System staff (approximately
two), and an attorney (approximately one)].
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2.3.2 Overview of Existing Ordinances for Orange County
The Orange County Code of Ordinances provides for the protection of areas designated as CAs (i.e.,
wetlands). CAs are areas that are inundated or saturated by surface water or groundwater with a
frequency and a duration sufficient to support, and under nonnal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions. Orange County classifies CAs in one
of the following three categories:
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. Class I,
. Class II, or
. Class III
depending on the size and hydrologic connection of the subject wetland area. A more detailed outline of
these classifications has been included as Appendix D. Proposed impacts to Orange County CAs require
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a CA Impact Pem1it, and compensatory mitigation is typically required. The type and amount of
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compensatory mitigation IS dependent upon the class of the CA to be impacted. CA Impact Permit
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applications are reviewed by the Orange County Environmental Protection Division (OCEPD), which
consists of a staff of approximately four personnel (to include two permit reviewers, one supervisor, and
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one attomey).
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The construction of boat docks also requires a permit from the OCEPD prior to construction. The type of
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information required for an application to construct a boat dock has been outlined in the ordinance
summary review for Orange County included as Appendix D. Following the approval of this application,
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the applicant is still required to obtain a building permit from the county building department.
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2.3.3 Overview of Existing Ordinances for Volusia County
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The Vol usia County Code of Ordinances requires a Wetland Alteration Pem1it be obtained for activities
that will remove, fill, drain. dredge, clear, destroy, or alter wetlands. Activities that are exempt from this
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pem1it requirement include activities such as the non-mechanical clearing of vegetation from less than
10% of a wetland; minor maintenance or emergency repair to existing structures or improved areas;
cleared walking trails without structural components; utility crossings; maintenance in ditches, retention
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and detention areas, public roads and other right-of-ways, and other related drainage systems; wetlands
less than or equal to one acre; and developments that require issuance of a development order by the local
govemment for a site development plan or subdivision and have obtained a valid ERP from the FDEP or
SJR WMD. Additional permit exemptions have been outlined in the ordinance summary review for
Volusia County included as Appendix E.
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The V olusia County Code of Ordinances also requires that mitigation be provided to offset unavoidable
environmental impacts. Mitigation can consist of the restoration of the affected environment,
preservation, creation of new wetlands, enhancement of existing wetlands, or reestablishment of wetlands
that are no longer functioning. Volusia County also provides for the establishment of upland buffers
adjacent to wetlands. A more detailed summary of the Volusia County Code of Ordinances review has
been included as Appendix E. Pursuant to discussions with Volusia County staff, the environmental
department consists of approximately five personnel, to include two biologists, two tree inspectors
(technicians), and a forester (forestry degree). The environmental department of Volusia County
regulates only four of the 16 cities and un-incorporated V olusia County and typically deals with
pem1itting for single-family residences. Larger developments are dealt with by the SJRWMD and/or
FDEP staff. However, the Volusia County environmental department enforces their tree ordinances with
all projects.
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2.3.4 Overview of Existing Ordinances for the City of Orlando
The City of Orlando's Growth Management Plan (GMP) provides for protection measures for
environmentally sensitive lands, which include wetlands, habitat of T &E or SSC, natural aquifer recharge
areas, or some combination thereof. Any projects that require City Council review or have applications
for building or engineering permits within areas designated as Resource Protection or Conservation
require an Environmental Assessment (EA) be completed. Part of the protection measures implemented
by the City of Orlando include coordination with ACOE, FDEP, and SFWMD and/or SJRWMD staff to
identify and regulate wetland areas within their jurisdiction. Tree removal permits are also required for
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the removal of medium and large sized canopy trees. The City of Orlando defers to the regulatory
authority of the USFWS, FWC, and Department of Natural Resources relative to T &E species and SSC
issues. A more detailed ordinance summary review for the City oiOrlando's GMP has been included as
Appendix F. Pursuant to discussions with City of Orlando staff, the city of Orlando does not have staff
specifically designated to review the environmental components of applications or to enforce objectives
as outlined in the Growth Management Plan.
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3.0
EXISTING NATURAL RESOURCES
As part of the review of the existing ordinances for the City relative to wetlands, CAs, T &E species and
SSC and their habitats, and boat docks, it is important to identify existing natural resources within the
City that would be subject to existing protection measures. To accomplish this objective, the City was
divided into three segments [i.e., the northwest segment (NW), the south-central segment (sq, and the
southeast segment (SE)] consistent with previous delineations made by the City staff (refer to the Exhibit
included as Appendix G). The current lotting plans for each of these segments was overlaid onto an aerial
photograph of each of these areas in order to identify undeveloped parcels that would be subject to
existing or future permitting criteria. Graphics depicting the existing lotting plans within each of the three
segments (NW, SC, and SE) have been included as Appendix H. Based on a review of this infonnation, it
appears that the majority of the parcels of land within the City has been developed, planned for
development or has been already placed under conservation easements. Of these three segments, only
seven areas were identified, with the assistance of the City staff, as being undeveloped (refer to the
Exhibit included as Appendix I). A brief overview of the existing conditions within each of these parcels
has been outlined below for your review.
Area No.1
Area No. I is located in the southwest comer of the SC segment of the City. The zoning classification for
this area is R-IA (minimum 8,000 square foot lot) and is designated as Lower Density Residential (with
1.1 to 3.5 dwelling units per acre) on the City Future Land Use Map (FLUM) (dated October 1999). This
parcel is located west of an existing residential development. Based on the SJRWMD vegetative land use
coverages included in their digital database, this area consists of approximately ten acres of upland and 12
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acres of wetlands. Consequently, approximately 55% of this parcel would be subject to the wetlands
regulatory criteria established by the ACOE and the.SJRWMD. Any impacts proposed to wetlands
within this parcel would require a permit from these agencies, and some form of compensatory
mitigation, depending on the amount and type of impacts proposed. In order to assure that there would
not be any secondary impacts to wetlands remaining on-site post-development, the SJRWMD typically
requires that upland buffers (averaging 25 feet in width with a minimum width of 15 feet) be established
around preserved wetlands. The presence of T&E and/or SSC and their habitat would also be evaluated
within both the wetland and upland areas during the permitting process with both the ACOE and the
SJRWMD through consultation with the USFWS and FWC, as necessary.
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Area No.2
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Area No. 2 IS located in the southeastern portion of the NW segment of the City. The zomng
classification for this area is C-2 (industrial) and is primarily designated as Industrial on the City FLUM
(dated October 1999). The eastern border of this area, however, is designated as Conservation on the
FLUM. This parcel is located adjacent to undeveloped land to the north and west and to existing
development to the east and south. Based on the SJRWMD vegetative land use coverages included in
their digital database, this area consists of approximately 63 acres of upland and 21 acres of wetlands.
Consequently, approximately 25% of. this parcel would be subject to the wetlands regulatory criteria
established by the ACOE and the SJRWMD. Any impacts proposed to wetlands within this parcel would
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'require a permit from these agencies, and some form of compensatory mitigation, depending on the
amount and type of impacts proposed. In order to assure that there would not be any secondary impacts
to wetlands remaining on-site post-development, the SJRWMD typically requires that upland buffers
(averaging 25 feet in width with a minimum width of 15 feet) be established around preserved wetlands.
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The presence of T&E and/or SSC"and their habitat would also be evaluated within both the wetland and
upland areas during the permitting process with both the ACOE and the SJRWMD through consultation
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with the USFWS and FWC, as necessary.
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Area No.3
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Area No.3 is located in the northeastern portion of the SC segment of the City. The zoning classification
for this area is primarily RC-I (minimum one-acre lot), and is primarily designated as Conservation on
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the City FLUM (dated October 1999). Other future land uses within this area include Commercial along
the northern portion adjacent to State Road 434, Lower Density Residential along the western border, and
Moderate Density Residential along the southeastern border. This parcel is located adjacent to existing
development to the north and east, and to existing conservation lands to the west and south. Based on the
SJRWMD vegetative land use coverages included in their digital database, this area consists of
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approximately 87 acres of upland and 104 acres of wetlands. Consequently, approximately 54% of this
parcel would be subject to the wetlands regulatory criteria established by the ACOE and the SJRWMD.
Any impacts proposed to wetlands within this parcel would require a permit from these agencies, and
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some form of compensatory mitigation, depending on the amount and type of impacts proposed. In order
to assure that there would not be any secondary impacts to wetlands remaining on-site post-development,
the SJRWMD typically requires that upland buffers (averaging 25 feet in width with a minimum width of
15 feet) be established around preserved wetlands. The presence of T &E and/or SSC and their habitat
would also be evaluated within both the wetland and upland areas during the permitting process with both
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the ACOE and the SJRWMD through consultation with the USFWS and FWC, as necessary.
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Area No.4
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Area NO.4 is located in the northwestern portion of the SE segment of the City. The zoning classification
for this area is C-I (general retaiI), and is primarily designated as Commercial and Conservation on the
City FLUM (dated October 1999). Other future land uses within this area include Rustic Residential in
the northwestern portion of this area. This parcel is located adjacent to existing and/or proposed
development to the east and south, undeveloped land to the east, and Lake Jesup to the north. Based on
the SJR WMD vegetative land use coverages included in their digital database, this area consists of
approximately 179 acres of upland and 268 acres of wetlands. Consequently, approximately 60% of this
parcel would be subject to the wetlands regulatory criteria established by the ACOE and the SJRWMD.
Any impacts proposed to wetlands within this parcel would require a permit from these agencies, and
some form of compensatory mitigation, depending on the amount and type of impacts proposed. In order
to assure that there would not be any secondary impacts to wetlands remaining on-site post-development,
the SJRWMD typically requires that upland buffers (averaging 25 feet in width with a minimum width of
15 feet) be established around preserved wetlands. The presence of T&E and/or SSC and their habitat
would also be evaluated within both the wetland and upland areas during the permitting process with both
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the ACOE and the SJRWMD through consultation with the USFWS and FWC, as necessary.
Area No.5
Area NO.5 is located in the north-central portion of the SE segment of the City. The zoning classification
for this area -is Planned Unit Development (PUD), and is designated as Mixed Use and Conservation on
the City FLUM (dated October 1999). This parcel is located adjacent to existing development to the
north and south, the Central Florida GreeneWay to the east, and undeveloped land to the west. Based on
the SJRWMD vegetative land use coverages included in their digital database, this area consists of
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approximately 75 acres of upland and 143 acres of wetlands. Consequently, approximately 66% of this
parcel would be subject to the wetlands regulatory criteria established by the ACOE and the SJRWMD.
Any impacts proposed to wetlands within this parcel would require a permit from these agencies, and
some form of compensatory mitigation, depending on the amount and type of impacts proposed. In order
to assure that there would not be any secondary impacts to wetlands remaining on-site post-development,
the SJRWMD typically requires that upland buffers (averaging 25 feet in width with a minimum width of
15 feet) be established around preserved wetlands. The presence of T &E and/or SSC and their habitat
would also be evaluated within both the wetland and upland areas during the permitting process with both
the ACOE and the SJRWMD through consultation with the USFWS and FWC, as necessary.
Area No.6
Area No.6 is located in the northeastern portion of the SE segment of the City. The majority of this area
was not given a zoning classification; however, the northwestern tip is zoned as PUD, while the
southeastern tip is zoned as R-I A (minimum 8,000 square foot lot) and C-l (general retail). This area is
primarily designated as Conservation on the City FLUM (dated October 1999). This parcel is located
adjacent to existing development to the east and south, the Central Florida GreeneWay to the west, and
Seminole County conservation lands to the north. Based on the SJRWMD vegetative land use coverages
included in their digital database, this area consists of approximately 79 acres of upland and 231 acres of
wetlands. Consequently, approximately 75% of this parcel would be subject to the wetlands regulatory
criteria established by the ACOE and the SJRWMD. Any impacts proposed to wetlands within this
parcel would require a permit from these agencies, and some form of compensatory mitigation, depending
on the amount and type of impacts proposed. In order to assure that there would not be any secondary
impacts to wetlands remaining on-site post-development, the SJR WMD typically requires that upland
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buffers (averaging 25 feet in width with a minimum width of 15 feet) be established around preserved
wetlands. The presence of T&E and/or SSC and their habitat would also be evaluated within both the
wetland and upland areas during the permitting process with both the ACOE and the SJRWMD through
consultation with the USFWS and FWC, as necessary.
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Area No.7
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Area No.7 is located in the SC portion of the SE segment of the City. The zoning classification for this
area is pending, as this area has been recently annexed into the City. However, this area is designated as
Mixed Use on the City FLUM (dated October 1999). This parcel is located adjacent to existing
residential development to the north, west, and south, and to the Oviedo Mall to the east. Based on the
SJR WMD vegetative land use coverages included in their digital database, this area consists of
approximately 22 acres of upland and 26 acres of wetlands. Consequently, approximately 54% of this
parcel would be subject to the wetlands regulatory criteria established by the ACOE and the SJRWMD.
Any impacts proposed to wetlands within this parcel would require a permit from these agencies, and
some form of compensatory mitigation, depending on the amount and type of impacts proposed. In order
to assure that there would not be any secondary impacts to wetlands remaining on-site post-development,
the SJRWMD typically requires that upland buffers (averaging 25 feet in width with a minimum width of
15 feet) be established around preserved wetlands. The presence of T &E and/or sse and their habitat
would also be evaluated within both the wetland and upland areas during the permitting process with both
the ACOE and the SJRWMD through consultation with the USFWS and FWC, as necessary.
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Based on this analysis, approximately half of each of the remaining undeveloped parcels identified within
the City consists of wetlands that would require permits from the ACOE and the SJRWMD for proposed
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development activities. If development were to occur only to the upland portions of these areas,
permitting would still be required for the SJRWMD. In this case, imr>acts to T&E and/or SSC and their
habitats would still be addressed through the permitting process with the SJRWMD.
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4.0
OPTIONS AND RECOMMENDATIONS
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As a result of our review of the City ordinances and an inventory of existing undeveloped natural
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resources within the eity and existing state and federal regulations, it appears that there are few
undeveloped parcels of land left to be developed within the City, and that existing state and federal
regulations are in place to protect these resources without the need to set up any additional City
permitting program or modifications to the existing eity ordinances. As previously discussed,
approximately half of each of the remaining undeveloped parcels consist of wetlands that would be
regulated by both the federal and state governmental agencies (i.e., ACOE and SIR WMD). It is
recommended further that if modifications to the City ordinances are to be made, any proposed
modifications should not overlap or duplicate existing federal or state regulations, but rather be tailored to
focus on any unique areas of City concern.
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In an effort to ensure that existing resources within the remaining undeveloped parcels within the City are
protected, we would provide the following recommendations:
1) Prior to the final approval of proposed development plans, obtain a copy of the approved
jurisdictional wetland lines for the AeOE and/or SJRWMD. This will ensure that wetland areas
within parcels subject to proposed development have been reviewed and delineated for the
purposes of site planning.
2) Schedule a coordination meeting with SJRWMD staff at least twice a year to review issues
relative to the City and developments proposed within the City. This would allow the City staff
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to provide input to the SJR WMD staff regarding sensitive issues relative to the City's natural
resources and exchange information related to the proposed development and/or mitigation plans
for proposed developments within the City.
3)
For projects adjacent to Lake Jesup requesting authorization to construct a boat dock, have the
applicant submit a proposed boat dock plan (along with an evaluation of the proposed activities
and anticipated impacts resulting from the proposed activities) to the City for review and approval
to ensure that the proposed activities are consistent with the existing protection measures set in
place for Lake Jesup within the City ordinances.
4) It may also be beneficial to require environmental reviews (similar to the EAs completed for the
City of Orlando) for parcels proposed to be annexed into the eity. This will identify the natural
resources (i.e., wetlands, T &E species habitat, and presence of T &E or SSe) present with any
parcels proposed for annexation.
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APPENDIX A
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT PERMITTING
THRESHOLDS FROM SECTION 3.3 OF THE "APPLICANTS
HANDBOOK: MANAGEMENT AND STORAGE OF SURFACE WATERS"
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3.3
3.3.1
3.3.2
Thresholds
A general or individual permit is required prior to the undertaking of any
activity described in section 3.2 if such activity:
(a) is capable of impounding a volume of water of 40 or more acre-feet;
or
(b) serves a project with a total land area equal to or exceeding 40 acres;
or
(c) serves a project with a total land area equal to or exceeding ten acres,
when any part of the project is located within the Wekiva River
Hydrologic Basin north of State Road 436, or within the
Econlockhatchee River Hydrologic Basin, within the Tomoka River
Hydrologic Basin, or within the Spruce Creek Hydrologic Basin; or
(d) provides for the placement of 12 or more acres of impervious surface
which constitutes 40 or more percent of the total land area; or
(e) provides for the placement of one half acre or more of impervious
surface, when any of the impervious surface is located within the
Wekiva River Hydrologic Basin north of State Road 436; or
(f) provides for the placement of two acres or more of impervious
surface, when any of the impervious surface is located within the
Econlockhatchee River Hydrologic Basin, within the Tomoka River
Hydrologic Basin, or within the Spruce Creek Hydrologic Basin; or
(g) is wholly or partially located within the Wekiva River Hydrologic
Basin's Riparian Habitat Protection Zone as described in Paragraph
4OC-41.063(3)(e); or
(h) is wholly or partially located in, on, or over any wetland or other
surface water.
A standard general environmental resource permit is issued for a specific
class of surface water management systems which meet the criteria specified
in chapters 4OC-4, 4OC-40, and 40C-41, F.A.c. (if applicable), and this
Handbook, and which:
(a) are not capable of impounding more than 120 acre-feet; and
(MSSW-ll/25/98)
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3.3.3
(b) serve projects of less than 100 acres total land area; and
(c) do not involve regulated activities, including dredging or filling, in,
on, or over a total of one acre or more of wetlands and other surface
waters.
A noticed general environmental resource permit may be applied for under
chapter 4OC-4oo, F.A.C., for certain specified surface water management
systems which meet the terms, conditions, limitations, and restrictions
applicable to any of the following noticed general permits:
(a) General Permit for Construction, Alteration or Maintenance of Boat
Ramps and Associated Accessory Docks (see section 40C-4OO.417,
F.A.C.).
(b) General Permit for Certain Piers and Associated Structures (see
section 4OC-400.427, F.A.c.)
(c) General Permit for Installation of Riprap (see section 40C-4OO.431,
F.A.c.).
(d) General Permit for Installation of Fences (see section 4OC-4OO.437,
F.A.c.).
(e) General Permit for the Construction or Maintenance of Culverted
Driveway or Roadway Crossings and Bridges of Artificial
Waterways (see section 4OC-4OO.439, F.A.c.).
(f) General Permit to the Florida Department of Transportation,
Counties and Municipalities for Minor Bridge Alteration,
Replacement, Maintenance and Operation (see section 40C-400.443,
F.A.C.).
(g) General Permit to the Florida Department of Transportation,
Counties and Municipalities for Minor Activities Within Existing
Rights-of-Way or Easements (see section 4OC-4oo.447, F.A.C.).
(h) General Permit for Installation, Maintenance, Repair and Removal of
Underground Cable, Conduit, or Pipeline (see section 4OC-4OO.453,
F.A.c.).
(MSSW -11/25/98)
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(i) General Permit for the Construction of Aerial Pipeline, Cable, and
Conduit Crossings of Certain Waters (see section 4OC-400.455,
F.A.c.).
U) General Permit for Subaqueous Utility Crossings of Artificial
Waterways (see section 4OC-400.457, F.A.c.).
(k) General Permit for the Construction and Operation of Culverts and
Associated Water Control Stroctures in Mosquito Control
Impoundments by Governmental Mosquito Control Agencies (see
section 4OC-400.463, F.A.c.).
(1) General Pennit for Breaching Mosquito Control Impoundments by
Governmental Mosquito Control Agencies (see section 4OC-
400.467, F.A.C.).
(m) General Permit for Minor Activities (see section 40C-400.475,
F.A.c.).
(n) General Permit to the Department to Conduct Minor Activities (see
section 4OC-400.483, F.A.C.).
(0) General Permit to the Department for Environmental Restoration
and Enhancement (see section 40C-400.485, F.A.c.).
(p) General Permit to the Department to Change Operating Schedules
for Department Water Control Stroctures (see section 40C-400.487,
F.A.c.).
(q) General Permit for U.S. Forest Service for Minor Works Within
National Forests (see section 4OC-400.495, F.A.c.).
(r) General Permit for Constroction, Operation, Maintenance,
Alteration, Abandonment or Removal of Minor Silvicultural Swface
Water Management Systems (see section 4OC-400.500, F.A.c.).
3.3.4
Different thresholds may be implemented by the District for specific
geographic areas. These different thresholds will be implemented through
the rule adoption process.
(MSSW -11125/98)
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APPENDIX B
SUMMARY OF ORDINANCE REVIEW:
CITY OF WINTER SPRINGS COMPREHENSIVE PLAN (1999 - 2010)
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Summary of Ordinance Review
City of Winter Springs Comprehensive Plan (1990-2010)
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Conservation Areas:
Conservation Areas (CAs) consist of areas delineated by jurisdictional lines prescribed by state agencies.
Parcels containing CAs require site plan approval by the City Commission.
General Protection Measures:
1. Minimum upland buffer of 25' adjacent to wetlands (larger buffers may be required on a site by
site basis depending on the functional value of the wetlands and the density and intensity of the
proposed development.
2. Environmentally sensitive areas [which include wetlands, 100-year floodplain, unique upland
vegetative communities, and Threatened or Endangered (T&E) species habitat] should be covered
by an environmental easement restricting uses to passive recreational activities.
3. Minimum upland buffer of 50' adjacent to all lakes to protect water quality.
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4.
Wetlands to be delineated on-site plans per F.lorida Department of Environmental Protection
(FDEP), St. Johns River Water Management District (SJRWMD), and Department of the Army,
Corps of Engineers (ACOE) definitions, Whichever is more restrictive.
5.
Building setbacks from mean high water level of any lake, stream or body of water shall be at
least 50'.
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Special Protection Measures:
1 . Lake Jesup:
a. Development will not include light industrial, industrial, or commercial.
b. Minimum upland buffer of 50'.
c. More restrictive impervious surface ratio standard (minimum 40% pervious).
d. No direct discharge of stormwater allowed into lake.
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2. Existing natural reservations (i.e., Spring Hammock Preserve):
a. Adequate landscape buffers.
b. Building setbacks.
c. Stormwater management and other site design criteria for adjacent developments.
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3. Wetlands:
a. Delineation of wetlands on-site plan per DER, SJRWMD, and ACOE definitions,
whichever is stricter.
b. Submittal of documentation as to why impacts could not be avoided.
c. Minimum upland buffers of25'.
d. No more than 25% of shoreline of any development parcel may be cleared to provide
access to shoreline and/or view of lake.
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4.
e. All structures located in wetlands to be on pilings unless otherwise approved
f. No septic tanks to be located within 75' of water bodies or wetlands.
Tree protection:
Permit required prior to alteration of natural landscape (to include cutting down, removing, or
damaging any tree within the city limits during construction), land clearing, land removing, or
landfilling operations.
Development Criteria:
I. Within land delineated as CAs:
a. Prohibit development dependent on urban infrastructure.
b. Allow installation of infrastructure and utilities when a greater public benefit is
demonstrated and when located in areas least harmful to wetlands and wildlife and/or
when a mitigation plan is undertaken to replace the resource functions lost.
2.
Within wetlands:
a. Alterations permitted with mitigation standards in accordance with the policies of the
SJRWMD to ensure no net loss of wetlands either by functional value or extent.
b. Alteration of wetlands to be replaced acre for acre, type for type, or as permitted by the
ACOE, SJR WMD, and/or DER. NOTE: placement of docks, piers, or boardwalks with
minimum amount of fill is exempt from this requirement unless there are permit
requirements of other agencies.
3.
Within 100-year floodplain:
a. Avoid alterations.
b. Alterations may be allowed if structures placed on pilings with a minimal amount of fill
and compensatory storage provided.
c. First floor elevation above 100-year flood.
d. No septic tanks pennitted.
e. Clearing of vegetation limited to 25% of site.
4.
Within upland habitat and T&E habitat:
a. Proposal must include identification and mapping of natural resources within the property
intended to be developed [to include plants and animals designated as T&E or Species of
Special eoncem (SSe) and associated habitat required for the species to remain viable,
and mapping of sand pine (Pinus clausa) scrub, pine (Pinus sp.) flatwoods, longleaf pine
(Pinus palustris)/turkey oak (Quercus laevis), sandhill, and scrubby flatwoods].
b. Upland communities where T &E or sse are not known to inhabit site, require
preservation or replacement of 10% of identified vegetation, or when not feasible,
payment of funds to city, county, or East Central Florida Regional Planning Council
wildlife mitigation funds for the purchase of environmentally sensitive lands.
c. Upland communities where T&E or SSC present, require development of management
plan to mitigate any adverse impacts to the species to be submitted to the Florida Fish and
Wildlife Conservation Commission (FWe) for review.
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5.
For small streams:
a. No encroachments, including fill material or structures, within the distance of the stream
bank (i.e., 5 times the width of the stream at the top of bank or 20' on each side from the
top of bank, whichever is greater).
6.
Verify that all jurisdictional permits for federal and state agencies have been acquired before
development orders are issued by the city on property adjacent to or including natural drainage
features (wetlands, water bodies, stormwater management, lOO-year floodplain).
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APPENDIX C
SUMMARY OF ORDINANCE REVIEW:
SEMINOLE COUNTY LAND DEVELOPMENT CODE
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Summary of Ordinance Review
Seminole County Land Development Code
Environmentally Sensitive Zones:
I. Include tidal swamps, marine wetlands, pine flatwoods, and freshwater wetlands as identified in
city's comprehensive plan.
2.
No development can be undertaken in protected environmentally sensitive zones.
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Activities Permitted Within Environmentally Sensitive Zones:
1. Scenic, historic, wildlife, or scientific preserves.
2. Minor maintenance or emergency repair to existing structures or improved areas.
3.
Recreational fishing.
4.
Water dependent activities otherwise prohibited if developer shows that the public benefits
substantially outweigh adverse environmental effects on the wetland and there are no other
practicable alternatives.
5.
Allowable water-dependent activities to include new riprap or similar structures (not including
seawalls, bulkheads) not exceeding 50' of the shoreline; installation of buoys, aids to navigation,
signs and fences; installation of subaqueous transmission and distribution lines for water,
wastewater, electricity or communication cables; construction of foot bridges; replacement of
widening of bridges on pilings or trestles where effects of pollutants discharged into open waters
are minimized.
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Evaluation of Wetland Significance:
I. Wetlands evaluated to determine the degree to which the wetlands perform functions of water
quality enhancement, water quality management, climatic stability, wildlife, and human use.
2.
Wetland functions rated as significant, moderate, or low.
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3.
Criteria for evaluation include connectedness, landscape diversity, intactness, uniqueness, quality
of surrounding landscape.
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APPENDIX D
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SUMMARY OF ORDINANCE REVIEW:
ORANGE COUNTY CODE OF ORDINANCES
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Summary of Ordinance Review
Orange County eode of Ordinances
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Conservation Areas:
CAs are wetlands (that is areas which are identified by being inundated or saturated by surface or
groundwater with a frequency and a duration sufficient to support, and under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
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Wetland Classification System:
1. Class I:
a. Hydrologic connection to natural surface water bodies, or
b. Lake littoral zone, or
c. Large isolated wetlands greater than or equal to 40 acres, or
d. Provide critical habitat for federal and/or state T&E species.
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2. Class II:
a. Isolated wetlands or formerly isolated wetlands greater than or equal to 5 acres, or
b. Do not qualify as elass I.
3. Class III:
a. Isolated wetlands less than 5 acres, and
b. Do not qualify as Class I or II CA.
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Conservation Area Impact Permit:
1. Exemptions for CA Determination:
a. County issued a development permit for CAs prior to the effective date of this article.
b. Project received a development order of binding vested right determination issued prior
to effective date of this chapter.
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2.
Each applicant shall demonstrate preservation, creation, or restoration of an equal number of
habitat units after the proposed activity.
3.
Basis for compensation:
a. elass I eA - removal, alteration, or encroachment allowed in cases where no other
feasible or practicable alternatives exist or with overriding public benefit, habitat
compensation required.
b. Class II CA - habitat compensation presumed to be allowed unless contrary to the public
interest.
c. Class III CA - habitat compensation allowed in all cases.
d. Type for type mitigation required with the following ratios:
freshwater marshes and wet prairies = 1.5: 1
cypress wetlands = 2: 1
hydric hammocks, bay heads, and mixed hardwood swamps = 2.5: 1
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4.
Excavations and Fill exemptions:
P:\ADMIN\PROJECTS\99126\REPORTS\RESULTS.DOC D-I
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a.
b.
Installation of utilities.
Excavation, grading, filling and moving of earth in conjunction with commercial or
subdivision construction when material does not exceed 200 cubic yards.
Foundations and building pads when material confined to within 20' and valid building
permit is issued.
Minor landscaping projects that do not encroach in flood prone areas or change natural
drainage pattern of ground surface.
Swimming pool construction when building permit is issued.
Agricultural use ponds that do not contain CAs and excavated materials remain on-site
and off-site drainage is not affected.
Petroleum contamination investigation and remediation being conducted and no
permanent change in final grade.
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c.
d.
e.
f.
g.
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Boat Dock Criteria:
1. Apply for a permit prior to construction. NOTE: Fee non-refundable.
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2.
3.
4.
5.
Indicate whether dock is for private or public use.
Application must include:
a. North arrow and scale and name of lake.
b. Dimensions of property, length, and location of boat dock.
c. Exact distance of setback from adjacent property lines and approximate distance from
closest boat dock on each side of the property.
d. Floor elevation of proposed dock and floor and roof elevation of any boathouse or
structure connected to the dock.
e. Depth of water at the end of the proposed dock.
f. Normal High Water Level as established by the county.
g. Existence of conservation easements, tracts, and CAs.
Following approval of application, applicant required to obtain a building permit from the county
building department.
Board of county commissioners shall not permit any boat dock in any water body where state or
federal regulations prohibit installation.
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APPENDIX E
SUMMARY OF ORDINANCE REVIEW:
VOLUSIA COUNTY CODE OF ORDINANCES
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Summary of Ordinance Review
V olusia County Code of Ordinances
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Even though current federal, state, and regional regulations protect important wetlands and their
functions, local governments have the authority to adopt regulations affording additional protection.
Wetland Alteration Permit:
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I. Required for activities that will remove, fill, drain, dredge, clear, destroy, or alter wetlands.
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2. Exemptions:
a. Non-mechanical clearing of vegetation from area of less than 10% of wetland.
b. Minor maintenance or emergency repair to existing structures or improved areas.
c. Cleared walking trails with no structural components.
d. Timber catwalks and dock 4' wide or less.
e. Bona fide agricultural uses.
f. Utility crossings.
g. Maintenance (with incidental dredge and fill activities) in ditches, retention and detention
areas, public roads and other right-of-ways, and other related drainage systems.
h. Bona fide mosquito control activities reviewed by technical subcommittee on managed
marshes.
\. Wetlands less than or equal to 1 acre.
J. Activities within artificial wetlands created as part ofa manmade treatment system.
k. Activities where federal, state, regional, or local government completed a dredge and fill
or a wetland application was tendered to said government on or before adoption of local
government's implementing ordinance.
I. Silvicultural activities which follow Best Management Practices.
m. Developments that require issuance of a development order by local government for site
development plan or subdivision and have obtained a valid Environmental Resource
Permit from the FDEP or SJRWMD.
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3. Applications should include:
a. Name, address, telephone number for property owner or agent.
b. Signature of agent or owner.
c. Legal description of property (to include parcel identification number).
d. Scaled drawing identifying existing structures, adjacent streets, and water bodies.
e. Scaled drawing and description of proposed activity and proposed location.
f. Copy of federal, state, and regulatory permits and/or applications and conditions issued.
g. Wetland management plan.
Not required for:
1. Private dock and additions whose total area does not exceed 500 square feet over
Class II, Outstanding Florida Water (OFW), Aquatic Preserves, or other special
designation or within 100' thereof for single family residential.
2. Private boat dock and additions whose total area does not exceed 1,000 square
feet over Class III waters for single family Residential.
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3.
Private boat ramp for single family residential development, which does not
exceed 15' \\ide and requires less than 10 cubic yards of fill.
Construction of seawall in manmade canal where it can be connected to existing
seawalls on adjacent property.
Restoration of existing and functioning structures.
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4.
5.
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Mitigation and Buffer Requirements:
I. Mitigation is required to offset unavoidable environmental impacts.
a. A void impact.
b. Minimize impact.
c. Rectifying impact by repairing, rehabilitating or restoring affected environment.
d. Reducing or eliminating impact over time by preservation and maintenance operations.
e. eompensating for impact by replacing or providing substitute resources or environments
through the creation of new wetlands, enhancement of existing wetlands, or
reestablishment of\\'etlands which are no longer functioning.
2.
Where all or substantial portion of wetland is impacted:
a. Replacement of same type of wetland at least at I: I ratio and in kind replacement.
b. Specific design requirements.
c. Periodic monitoring to remove nuisance and exotic species.
d. Monitoring and replacement to ensure 80% survival of wetland vegetation for a minimum
of 3 years.
e. Upland buffer.
3.
Restoration is preferred over creation.
4.
Conservation easement to be placed over mitigation area.
5. Mitigation plan approved by state or federal government acceptable.
6.
Upland butTers:
a. Not less than 25' adjacent to wetlands.
b. Not less than 50' for wetlands designated as OFW and Natural Resources Management
Area.
c. Activities allowed in buffer area include, but not limited to, pruning, planting of suitable
native vegetation, removal of nuisance and exotic species, and creation/maintenance of
walking trails.
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APPENDIX F
SUMMARY OF ORDINANCE REVIEW:
CITY OF ORLANDO'S GROWTH MANAGEMENT PLAN
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Summary of Ordinance Review
City of Orlando's Growth Management Plan
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Environmentally Sensitive Lands:
Include wetlands, habitat ofT&E or SSC, natural aquifer recharge areas, or some combination thereof.
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Environmental Assessment:
I. Required for all projects that require City Council review, and all applications for building or
engineering permits within areas designated as Resource Protection or Conservation.
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2.
3 levels:
a. A = legally cleared lands (vegetation sparse or absent); requires location map, aerial
photograph, ground-level panoramic photographs.
b. B = site not cleared, may contain wetlands, low probability of supporting T&E or SSC;
may require site inspection and brief environmental assessment, map depicting
jurisdictional wetlands and acreages of each, general description of location and types of
ecosystems present, statement from biologist/consultant that site does not harbor or
support T&E or SSC species, and an environmental impacts map (for wetlands).
c. C = site contains native vegetation and/or wetlands, can be expected to harbor or support
T &E or SSC; requires a vegetation map with Level 1II Florida Land Use, Cover and
Forms Classification System, delineation of wetlands within landward extent of "waters
of the State," T&E survey map, environmental impacts map, written report to include
ecological description of upland and wetland habitats, or application for development
approval for Development of Regional Impacts.
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Protection Measures:
1. Coordinate with ACOE, Florida Department of Environmental Protection (FDEP), and South
Florida Water Management District/SJRWMD to identify and regulate wetland areas within their
jurisdiction.
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2. Tiered wetland protection. NOTE: Exact boundaries of wetlands identified will coincide with
the jurisdiction of the appropriate water management district, FDEP, or ACOE.
a. 1 = designated as protected; alterations allowed for low density and intensity land uses;
no net loss of wetlands; allowable uses include natural uses such as walking trails, private
and public parks of passive orientation, wetland enhancement projects, and single family
residential development at a density of I dwelling unit per 5 acres; limited silviculturaI
activities; demonstrate no practicable alternative; mitigation above and beyond that
required by other environmental regulatory agencies' requirements unless in public
interest.
b. 2 = wetlands greater than 0.5 acre in size and not designated as protected; permitting
consistent with applicable environmental regulatory agencies' requirements.
c. 3 = wetlands less than 0.5 acre; review environmental assessment and whether wetlands
contain T&E or SSC or are of special significance.
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3.
Upland buffers required for all protected wetlands, wetland preservation, and wetland mitigation
sites.
a.
Protected wetlands with adjacent native plant communities - maximum required width of
50' or most landward extent of native vegetation, except where more extensive buffer
required by other regulatory agency, if no existing native vegetation, minimum 25' buffer.
Preserved wetland or wetland mitigation area - with native vegetation, require minimum
15' buffer with average 25' buffer, no native vegetation, require minimum IS' buffer with
average 25' buffer.
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b.
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4.
Tree removal permit required for removal of medium and large sized canopy trees.
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5.
T&E species protected through regulatory authority of U.S. Fish and Wildlife Service, FWC, and
Department of Natural Resources.
If environmental assessment indicates T &E or SSC present on-site, city will notify appropriate
wildlife agencies and request comments on protection measures.
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Environmental Trust Fund:
Used for the purchase, improvement, creation, restoration, maintenance, and replacement of natural
habitat within the city or environmentally sensitive areas immediately adjacent to the city in cooperation
with the county.
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APPENDIX G
LOCATION OF NORTHWEST, SOUTH-CENTRAL, AND SOUTHEAST
SEGMENTS OF THE CITY OF WINTER SPRINGS
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\
o 1500 3000 Feel
SCALE: 1" = 3,000'
Source: LASINS, Florida Geographic Data Library,
Seminole County GIS
APPENDIX G
LOCATION OF NORTHWEST, SOUTH-CENTRAL, AND SOUTHEAST SEGMENTS OF THE CITY OF WINTER SPRINGS.
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APPENDIX H
LOTTiNG PLANS WITHIN THE NORTHWEST, SOUTH-CENTRAL, AND
SOUTHEAST SEGMENTS OF THE CITY OF WINTER SPRINGS
1': .,\l)M IN .I'i{U.lL:L'TS,9'J 12(h!{I:I'ORTS\RESULTSDOC
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625
1250 Feet
SCALE: 1" = 1,250'
Source: LABINS, Florida Geographic Data Library, B DABREED LO VE DENNIS Arcviewlanalysisareas-:7-3-2000.apr
Seminole County GIS , PlotslanalyslsareaNW.prt
& ASSOCIATES, me. 2000126-10.1. BN .10-16-2000
330 W. Canton Ave., Winter Park, FL 32789 P: 407-677-1882 F: 407-657-7008
APPENDIX H (a) LOTTING PLAN FOR THE NORTHWEST SEGMENT OF THE CITY OF WINTER SPRINGS.
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APPENDIX H (b)
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1000
2000 Feet
SCALE: 1" = 2,000'
LOTTING PLAN FOR THE SOUTH-CENTRAL SEGMENT OF THE CITY OF WINTER SPRINGS.
BDA. BREEDLOVE, DENNIS Arcview\analysisareasJ-6-2000.apr
& ASSOCIATES INC PlotslanalyslsareaSC.prt
, 2000126-10.1. aN. 10-16-2000
330 W. Ca~ton Ave., Winter Park, FL 32789 P: 407-677-1882 F: 407-657-7008
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;1
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\
o 1000 2000 Feel
SCALE: 1" = 2,000'
Source: LABINS, Florida Geographic Data Library,
Seminole County GIS
BDi\BREEDLOVE DENNIS Arcview\analyslsareas16-2ooo.apr
Plolslanalysisa reaSE. prt
, & ASSOCIATES, INC. ' 2000126-10.1. BN .10-16-2000
330 W. Canton Ave., Winter Park, FL 32789 P: 407-677-1882 F: 407-657-7008
APPENDIX H (c) LOTTING PLAN FOR THE SOUTHEAST SEGMENT OF THE CITY OF WINTER SPRINGS.
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APPENDIX I
LOCATION OF UNDEVELOPED PARCELS WITHIN THE NORTHWEST,
SOUTH-CENTRAL, AND SOUTHEAST SEGMENTS OF THE CITY OF
WINTER SPRINGS
P:\ADM INIPROJ ECTS\99 I 26IREPORTSIRESULTS.DOC
B D1ABREED LO VE DENNIS Arcviewlanalysisareas_8-21-2000.apr
, PlotslanalYSlsparcels.prt
'. & ASSOCIATES,INC. 200012~10.1'BN.10-1~2000
330 W. Canton Ave., Winter Park, FL 32789 P: 407-677-1882 F: 407-657-7008
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Source: LABINS, Florida Geographic Data Library,
Seminole County GIS
'"
APPENDIX I
LOCATION OF UNDEVELOPED PARCELS WITHIN THE NORTHWEST, SOUTH-CENTRAL, AND SOUTHEAST SEGMENTS OF THE CITY OF WINTER SPRINGS.
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o 1500 3000 Feet
SCALE: 1" = 3,000'