10-30-1989 Special
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CITY OF EDGEWATER
LAND DEVELOPMENT AND REGULATORY AGENCY
SPECIAL MEETING
MONDAY, OCTOBER 30, 1989
6:30 P.M.
CONFERENCE ROOM, CITY HALL
Chairman Nancy Blazi called to order a special meeting of the
Land Development and Regulatory Agency at 6:30 p.m., Monday,
October 30, 1989, in the Conference Room of City Hall to hear and
make recommendations to the City Council on the proposed draft
ordinances regarding Environmental Protection/Class II Waters,
Minimum Standards for Tree Protection, and Minimum Standards for
Wet lands.
ROLL CALL:
Members present were Mr. Bennington, Mrs. Blazi, Mr.
Mr. Hellsten, Mr. Klein, and Mrs. Martin. Mrs.
'excused. Also present were Mark P. Karet, Planning
Director, and Beverly Kinney, Secretary.
Garthwaite,
Glover was
and Zoning
Tree Protection:
Attached is a copy of the recommended Tree Protection Ordinance
as amended by the Agency to forward to the City Council for
approval. Mr. Hellsten so moved, seconded by Mr. Bennington.
Motion Carried 6-0.
It was suggested that all contractors licensed in the City be
notified of the changes regarding tree protection.
Environmental Protection/Class II Waters:
Attached is a copy of the recommended Environmental Protection
Ordinance as amended by the Agency, as per comments provided by
Volusia County to forward to the City Council for approval. Mr.
Bennington so moved, seconded by Mr. Garthwaite. Motion Carried
5-1. Mr. Hellsten voted no, because he had not had time to
review the ordinance.
Attached is a copy of the recommended Class II Waters section of
the Environmental Protection Ordinance as amended by the Agency,
as per comments provided by Volusia County to forward to the City
Council for approval. Mr. Garthwaite so moved, seconded by Mrs.
Martin. Motion Carried 6-0.
Wetlands:
Attached is a copy of the recommended Wetlands Ordinance as
amended by the Agency, as per comments provided by Volusia County
to forward to the City Council for approval. Mrs. Martin so
moved, seconded by Mr. Hellsten. The Agency pointed out they do
agree with the principle, but are concerned with the City's
ability to enforce these proposed ordinances. Motion Carried 6-
o.
There being no further business to come before the Agency, Mr.
Garthwaite moved to adjourn, seconded by Mrs. Martin. The
meeting adjourned at approximately 8:50 p.m.
Minutes respectfully submitted by:
Beverly Kinney, Secretary
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AMENDING ORDINANCE NO. ,
ENTITLED "CITY OF EDGEWATER MINIMUM STANDARDS FOR
ENVIRONMENTAL PROTECTION ORDINANCE", BY AMENDING
ARTICLE I, SECTION ; BY PROVIDING FOR CERTAIN
DEFINITIONS; BY ADDING ARTICLE IV, THE MINIMUM
ENVIRONMENTAL STANDARDS FOR TREE PROTECTION; PROVIDING
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
City
follows:
of Edgewater Ordinance
No.
is amended as
in
is amended as follows by
appropriate alphabetical
SECTION I:
adding the
order:
Article I, Section
following definitions
Caliper The minimum trunk diameter or replacement tree as
measured at a predetermined point of measurement. Trunk
diameter for trees up to four (4) inches are to be measured
six (6) inches above the soil line. All trees over four (4)
inches in diameter will be measured twelve (12) inches above
so ill i ne .
ClearinQ - The removal of any trees from the land, but shall
not include mowing or grubbing.
County~ The County of Volusia, Florida.
Diameter at Breast HeiQht (DBH) - The trunk diameter of a
tree measu~ed~-fou~ and one half (4 1/2) feet above the
average ground level at the base of the tree. Provided,
however, if the tree forks four and one half (4 1/2) feet
above ground level, it is measured below the swell resulting
from the double stem. Stems that fork below four and one
half (4 1/2) feet above ground level should be considered
separate trees.
Deteriorated - Degenerated, or damaged to the point where
the death of tree is imminent or to the point where the
tree poses a significant hazard.
Developer - Any person undertaking any development.
Development - Any significant man-made change as determined
by the local government to improved or unimproved real
estate, including, but not limited to, buildings or other
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structures, mining, dredging, filling, grading, paving,
excavating, permanent storage or materials, or the dividing
of land into two (2) or more parcels. Development includes,
but is not limited to the following:
a) A reconstruction, alteration of the size, or
structural change in the external appearance of
a structure on land.
b) A change in the intensity of use of land, such as:
an increase in the number of dwelling units in a
structure or on land; or, a material increase in the
number of businesses, manufacturing establishments,
offices, or dwelling units or on the land as may be
determined by the local government.
c) Alteration of a shore or bank of a seacoast, river
stream, lake, pond, or canal, or stormwater management
facilities, including any "coastal construction" as
defined in Section 161.021, Florida Statutes.
d) Mining or excavation on a parcel of land.
e) Demolition or removal of a structure.
f) C I ear i ng of I and as--an--a~-t--o-'f:.-e-&AS>t-F-uG-t-ie-n-.
for any reason.
g) Deposit of refuse, solid or liquid waste, or fill
on a parcel of land.
Lot A parcel of land contained within property lines of a
specific area. includinQ land within easements and buildinQ
setback lines and intended as a unit for buildinQ development. or
for transfer of ownership or both. The word "lot" includes the
word "plot". "parcel". and "tract".
Multi-Family/Commercial Lot - A parcel of
which is zoned by the local government
residential lot as defined in this Article.
land duly subdivided
as other than a
Municipality A duly incorporated municipality in Volusia
County. Florida.
Person ~ Any individual. firm. association. orQanization whether
social. fraternal. or business. partnership. joint venture. trust
company. corporation. receiver. syndicate. business trust. or
other Qroup or combination actinQ as a unit. includinQ any
Qovernment.
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*Delegeted languange is :Hfiffi-~~~ft, new language approved by L.D.R.A. underlined.
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Replacement Tree - Any immature tree having an overall caliper of
at least .two--and-"'O"n@-+nrl-'f-~-r-t.,..-e-)- four (4) inches, but said term
does not include any tree listed as e~empt in Section
..(exemptions) .
Residential Lot - A parcel of land duly subdivided and 20ned for
single-family or two-family use by the local government.
Site Development Plan - The plan as may be required by the local
government which shows all site conditions, all proposed site
improvements, and the means by which the developer will conform
with the requirements of Article IV of this ordinance.
Specimen Tree - The following species of trees with the minimum
specified diameter at breast height are determined to be specimen
trees in Volusia County, Florida:
Subdivision - All divisions and redivisions of land, whether
improved or unimproved, into two (2) or more contiQuous lots.
buildinQ sites. parcels, units. or interests for the immediate or
future purpose of sale. lease or development. includinQ all
divisions of land involvinQ the dedication of a new street or
chanoe in an existinQ street or the e~tension of municipal water.
sewer or other public improvements for which the City may
ultimately assume responsiblitv for maintenance. Subdivision
includes the division and redivision of residential and
nonresidentiallv 20ned land.
COMMON NAME
BOTANICAL NAME
DBH
Turkey Oak
(Quercus laevis)
6 ~-e- inches and larger
Other Oak Species
(Quercus spp.)
9 ~-B- inches and larger
Maple
(Acer Spp.)
9 --i-B- inches and larger
Sweet Gum CLiquidambar Styraceflua) 9 --i-8- inches and larger
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Hickory (Carya Spp. ) 9 --1-8- inches and larger
Elm (Ulmus Spp . ) 9 --l.s- inches and larger
Lobloly Bay (Gordonia Lasianthus) 6 -i~ inches and larger
Sweet Bay (Magnol ia Virginiana) 6 --i~ inches and larger
Real Bay (Persea Borbonia) 6 --i~ inches and larger
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*Deleted language has been :I:~-t:ft.ffit19fi, nev-.r language approved by L.D.R.A. underlined.
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COMMON NAME
BOTANICAL NAME
DBH
Swamp Bay
(Persea Palustris)
6 i-2- inches and larger
Sycamore
(Platanus Occidental is)
9 ie- inches and larger
Magno 1 ia
(Magnolia Grandiflora)
6 i-2- inches and larger
Tree - Any woody self-supporting- plant characterized by having a
single trunk of at least ~-~~four (4) inches DBH or multi-
stem trunk system with well developed crown at least fifteen (15)
feet high as measured from its base shall be considered a tree
with the exception of those exempted trees listed in Section
(exemptions).
Tree Survey - A drawing prepared by a reQistered surveyor or
reQistered architect to a scale as may be determined by the
applicable code, which provides the location, DBH and common name
of specimen trees located on a given parcel of land intended for
development. Said drawing shall show any improvement, structures
or buildings proposed on the development. The tree survey need
not encompass contiguous property of the applicant which is not
to be included within the actual limits of the area subject to
development consideration.
SECTION II: Article IV, Minimum Environmental Standards for Tree
Protection is added as follows:
SECTION
DEFINITIONS
For the purpose of this Article, the following words shall be
defined as provided in Article I, Section (definitions):
-Al}f-+et:ti-t-tt"l'"-ai-~
Deteriorated
Developer
Development
Diameter at Breast Height
Cal iper
County
Clearing
Lot
Local Government
Multi-Family/Commercial Lot
Municipality
Person
Replacement Tree
Residential Lot
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IrDeleted languange %inee-~tltJft, new language approved by L.D.R.A. underlined.
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Site Development Plan
SpecimQn Tree
Subdivision
Tree
Tree Survey
SECTION
PURPOSE AND INTENT
The City of Edgewater's City Council finds and determines that it
is in the best interest of the public health, safety and welfare
to protect, preserve trees and enhance tree cover in the City of
Edgewater, Florida. The value of trees are many and varied and
include, but are not limited to the following:
Trees are valuable producers of oxygen, a necessary
element to the survival of man, and serve to reduce
the environmentally dangerous carbon dioxide con-
centration in the air;
The leaves of the trees trap and filter out ash, dust
and pollen in the air;
Trees may reduce wind velocity and noise levels;
Trees may prevent erosion by stabilizing the soil
through their root system and by breaking the
force of raindrops pounding upon soil surfaces;
Trees reduce the quantity of surface runoff and
reduce the percentages of impervious surfaces;
Trees help purify water by removing the nutrients
from waters passing through the ground from the
surface to the ground water table;
Trees provide shade and transpire water which helps
to moderate temperatures and cleanse the air;
Trees provide food, shelter and essential habitat for
wildlife;
Trees provide valuable visual aesthetics and psychological
contrast to the man-made urban environment;
Trees are a valuable asset and increase the economic and
aesthetic value of developed and undeveloped properties.
Therefore, for the above described reasons, the City of
Edgewater's City Council has determined that it is necessary to
enact this Article as Minimum Environmental Standards for Tree
Protection throughout the City of Edgewater, Florida.
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SECTION
PERMIT REQUIREMENTS FOR TREE REMOVAL
It is hereby unlawful for any person to cut down, move, remove or
destroy through damaging or to authorize the same, of any tree as
defined in this Article without obtaining a Tree Removal Permit
in accordance with the provisions of this Article.
SECTION APPLICATIONS,
STANDARDS OF REVIEW
VARIANCES,
APPEALS,
AND
The City o~ Edgewater shall provide for applications, variances,
and appeals procedures in connection with the issuance of said
permit in conformity with this Article. Also, the City of
Edgewater shall provide for the standards of review of said
applications, which may include, but are not limited to:
1) The extent to which the actual or intended use of the
property requires cutting down or destruction of trees.
2) The desirability of preserving any tree by reason of
its size, age, or some other outstanding quality, such as
uniqueness, rarity or status as an historic or specimen
tree.
3) The extent to which the area would be subject to
increased water runoff and other environmental
degradation due to removal of the trees.
4) The heightened desirability of preserving or
enhancing tree cover in densely developed or densely
populated areas.
5) The need for visual screening in transitional areas,
or relief from glare, blight, commercial or industrial
unsightliness or any other affront to the visual or
aesthetic sense in the area.
6) The effect that changes in the natural grade will have
on the trees to be protected and preserved.
SECTION EXEMPTIONS
1) Notwithstanding any other provision of this Article to the
contrary, any person may cut down, destroy or replace or
authorize removal of one or more trees, whose trunks lie wholly
within the boundaries of property owned by said person without
obtaining a Tree Removal Permit from the City of Edgewater in
accordance with the following:
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*Deleted language l:i:ftee-~~ft, approved by L.D.R.A.
a) ~~ Said pro~ty contains trees which h~ deteriorated
as result of age, hurricane, storms, fire, freeze, disease,
lightning or other Acts of God.---~,.--4ro--------------T
~vi~,. However, the requirement of Section <minimum
tree coveraQe) shall be followed, or
b) ~~ Said property is within an existing public or private
right-of-way or maintenance easement and contains trees
which must be removed or thinned to insure the safety of
the motoring public and to maintain visibility of oncoming
traffic at intersecting public streets or such other trees
which may disrupt public utilities, such as powerlines,
drainage ways or similar public needs. Provided, however,
as may be determined by the local government, specimen
trees in public or private rights-of-way or utility
easements may only be removed upon the issuance of a Tree
Removal Permit. Said tree so removed shall be replaced
with a replacement tree and the location of said replace-
ment tree shall be as determined by the local government, or
c) ~~ Said property contains trees which are planted and grown
for sale to the general public or some public purposes. All
licensed plan or tree nurseries and botanical gardens are
included in this exemption, or
d) ~~ The following species are exempted from the provisions
of this Article:
COMMON NAME BOTANICAL NAME
Australian Pine Causuarina Litoreu
Australian Pine Casuarina Glaucu
Brazilian Pepper Schinus Terebinthefolius
Chinaberry Melia Azedarach
Chinese Tallow Sapium Sebiferum
Citrus Citrus Species
Ear Tree Enterolobium Carpa
Eucalyptus Eucalyptus Species
Punk Tree Melaleuca Guinguenervia
Silk Oak Grevillea Robusta
Woman's Tongue Albizia Lebbeck
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*Deleget language :!:ffiea-t:ftfe1:i9fi, approved language by L.D.R.A. underlined.
SECTION
~EE PROTECTION REQUIREMENT~
SECTION
MINIMUM TREE COVERAGE REQUIREMENTS
1) In connection with the new construction of any lot, each lot
shall use the following formula:
Square footage of lot x .25 (required coverage) . by 400 =
Number of required trees per lot.
If the lot contains an insufficient number of existing trees to
meet this requirement, replacement trees shall be provided.
SECTION
SPECIMEN TREE PROTECTION REQUIREMENTS
1) The City of Edgewater shall provide for the protection of
specimen trees on all developments either upon site development
plan or subdivision approval, or both. The following table sets
forth the minimum requirements for the protection of specimen
trees:
No. of Specimen Trees
less than 3 per acre
or a portion thereof
3.0 to 5.0 per acre
5.1 to 8.0 per acre
8.0 or more per acre
Min. Specimen Tree Protection ReQuirement
80 % of all specimen trees
65% of all specimen trees
50% of all specimen trees
4 specimen trees per acre
2) A tree survey shall be required to locate all specimen trees
on the site development. Notwithstanding the exemption of
Section (reQardinQ exemptions), the developer of a subdivision
shall provide legal mechanisms which insure the protection of
specimen trees after construction has occurred on the
development. Such mechanisms may include, but not be limited to
conservation easements, common open space, tree protection
easements, deed restrictions and homeowner association documents.
In lieu of said legal mechanism, a local government may provide
for permitting procedures for removal of specimen trees.
Provided, however, that the above described specimen tree
protection requirements on residential lots shall only apply in
the designated setback areas according to the zoning ordinance in
effect.
SECTION
AREA TREE PROTECTION REQUIREMENTS
Fifteen percent (15%) of the square footage of any development
shall be designated for the protection of specimen trees as
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provided in Section (regarding specimen tree protection>. The
area required to protect specimen trees may be include to satisfy
this requirement. This required area may be constituted as one
or more sub-areas within the development. Said area may include
any landscape buffer or other landscape areas required by the
City on a development. Such designated areas shall contain
sufficient land area to comply with minimum tree protection
standards to adequately to protect the trees contained within the
areas. A minimum of fifty percent (50%> of the required minimum
number of trees as provided in Section (regarding specimen tree
protection) shall consist of existing trees within said area.
The City may provide for a waiver or modification of this
requirement if the development contains an insufficient amount of
existing trees to meet this requirement or, if the City
determines that modification of this requirement is warranted by
specific on-site conditions.
SECTION
RELOCATION
The City of Edgewater may provide for the relocation of existing
trees to suitable areas within the development. Relocation shall
be performed in accordance with sound industry practices,
including watering to insure survival of replacement trees.
Relocated trees may be applied toward required replacement trees.
SECTION
NATURAL VEGETATION RETENTION AREAS
Areas of a development may be designated as natural vegetation
retention areas indicating that all existing vegetation shall
remain undisturbed on the area site. Under this designation,
trees which contain sufficient size to meet the minimum
replacement size and up to six (6) inches DBH size may be
retained as replacement trees. Replacement trees shall be
considered protected trees and shall be spaced sufficiently far
apart to allow adequate growth room for the species.
SECTION
TREE PROTECTION AND SURVIVAL
Except for any exemptions contained in Section (regardinQ
exemptions) of this Article, all trees relocated, replaced, or
existing within the terms of the Article shall be replaced in the
event said trees expire. If the development otherwise meets them
minimum requirements of Section (reQarding minimum tree
coveraQe), the City may waiver the replacement requirements. To
insure survival of trees, the City shall also utilize the
provisions of the Tree Protection Manual for Builders and
Developers published by the Florida Department of Agriculture and
Consumer Services, Division of Forestry or other comparable
protection requirements.
SECTION
PREPARATION
PRESERVATION DURING CONSTRUCTION OF SITE
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a) Prior to construction, the builder shall erect protective
barriers around all trees to be preserved. These barriers shall
consist of at least stakes and string which will prevent
intrusion on that area within the drip line of the canopy of the
tree.
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b) During construction, no signs, attachments or permits may be
attached to these trees unless such materials are used to protect
and preserve the trees.
c) All trees to be preserved shall
harmlessly marking or banding.
be identified on site by
d) All trees to be preserved shall have their
maintained. Tree wells and/or planter island
if necessary to maintain the natural existing
efforts shall be made through grading and
maintain the natural drainage of such trees.
natural soil level
shall be provided
soi 1 levels. All
drainage plan to
e) No trees shall be designated for saving which would interfere
with all planned or existing utility systems, or trees located so
as to unreasonably restrict development of a permitted use, or
trees that are diseased or infested with insects so as to pose a
danger of falling.
f) On such lots where
which would be compatible
twenty-five (25) per cent
planted prior to issuance
no trees exist, native or other trees
with the site in order to establish a
crown cover in ten (10) years shall be
of certificate of occupancy.
g) The following trees shall be excluded from the removal
regulations:
COMMON NAME SCIENTIFIC NAME
Australian Pine Casaurina spp.
Florida Holly
Brazilian Pepper Schinus terebinthefolius
Ear Tree Enterolobium cyclocarpum
Chinaberry Melia azadarach
SECTION STOP WORK ORDER
The Building Official shall provide for a "Stop Work Order" to
any person found in the act of cutting down, destroying,
damaging, or removing trees in violation of this Article.
SECTION
VIOLATIONS
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The City shall provide for the punishment of violations of this
Article.
SECTION
PENALTIES
Failure to obey a "Stop Work Order" will shall result in a fine
of one thousand dollars ($1,000.00) per day worked or portion
thereof in any amount resulting in work continuing on a site in
violation of this ordinance. Trees removed in violation of this
Ordinance must be replaced on a one (1) for one (1) basis per
inch of caliper at DBH size. (A 20" caliper tree could be
rep laced by ~ ~ -e-u. ~ cal iper trees equal i ng 20" to tal. )
Any person found to have cut down. destroyed. damaQed. or removed
trees in violation of this Article shall be fined $500.00 per
tree.
SEVERABILITY
Should any section
of any provision of
be unconstitutional
the validity or the
or provision of this ordinance or application
this ordinance be declared by the Courts to
or invalid, such declaration shall not affect
remainder of this Ordinance.
EFFECTIVE DATE
A certified copy of this Ordinance shall be filed in the Office
of the Secretary of State by the Clerk of the City Council within
ten (10) days after enactment and this Ordinance will take effect
upon receipt of official acknowledgement from that office that
said Ordinance has been filed.
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ORDINANCE NO.
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER , FLORIDA ENTITLED THE CITY OF EDGEWATER
MINIMUM STANDARDS FOR ENVIRONMENTAL PROTECTION
ORDINANCE, PROVIDING FOR ARTICLE I, GENERAL PROVISIONS;
PROVIDING FOR AUTHORITY UNDER ARTICLE II, SECTION ____
OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR
JURISDICTION; PROVIDING FOR ENFORCEMENT; PROVIDING FOR
CONFLICTS WITH THIS ORDINANCE; PROVIDING FOR
RESTRICTIVE STANDARDS; PROVIDING FOR DEFINITIONS;
PROVIDING FOR ARTICLE II, STORMWATER MANAGEMENT MINIMUM
STANDARDS FOR ENVIRONMENTAL PROTECTION; PROVIDING FOR
PURPOSE AND OBJECTIVES; PROVIDING FOR DEFINITIONS;
PROVIDING FOR STATEMENT OF PURPOSE; PROVIDING FOR
OBJECTIVES; PROVIDING FOR INTENT; PROVIDING FOR
PROHIBITIONS AND EXEMPTIONS; PROVIDING FOR STANDARD OR
LESSER DEVELOPMENT PERMIT APPLICATION REVIEW; PROVIDING
FOR PERFORMANCE REVIEW AND DESIGN STANDARDS; PROVIDING
FOR MAINTENANCE; PROVIDING FOR EMERGENCY EXEMPTION;
PROVIDING FOR MUNICIPAL SUBMITTAL; PROVIDING FOR
ARTICLE III, CLASS II WATERS MINIMUM STANDARDS FOR
ENVIRONMENTAL PROTECTION; PROVIDING FOR DEFINITIONS;
PROVIDING FOR PURPOSE, INTENT, AND BOUNDARIES;
PROVIDING FOR WETLANDS PRESERVATION; PROVIDING FOR
SHORELINE PROTECTION; PROVIDING FOR LANDSCAPING;
PROVIDING FOR STORMWATER CONTROLS; PROVIDING FOR
WASTEWATER TREATMENT PLANTS AND SEPTIC TANKS; PROVIDING
FOR REDUCTION OF SHORELINE BUFFER, PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
Definitions:
The following definitions shall apply: words used in the
singular shall include the plural, and the plural, the singular;
words used in the present tense shall include the future tense.
The word "shall" is mandatory and not discretionary. The ....ord
"may" is permissive. Words not defined herein shall be construed
to have the meaning given by common and ordinary use as defined
by Webster's New World Dictionary, Second College Edition.
AQricultural Use The use of land in horticulture, floriculture,
viticulture, forestry, dairy, livestock, poultry, bee keeping,
pisciculture, and all forms of farm products and farm production.
Applicant Any person applying for or who has been granted a
development order and/or permit to proceed with a project.
Aquifer An underground formation, group of formations, or part
of a formation that is permeable enough to transmit, store or
yield useable quantities of water.
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Project The parp~ ular structures and imp~ements prop~sed 'by
the applicant 0 a particular land area ~ich are part of a
common plan of development and shall include the subdivision of
land.
,.
Recharqe The inflow of water into a project, site aquifer,
drainage basin or facility.
Structure Anything constructed or erected, whether portable or
not, which requires location on the ground, or attached to
something having a location on the ground.
Subdivision All divisions and redivisions of land, whether
improved or unimproved, into two (2) or more contiguous lots,
buildings sites, parcels, units, or interests for the immediate
or future purpose of sale, lease or development, including all
divisions of land involving the dedication of a new street or
change in an existing street or the extension of municipal water,
sewer or other public improvements for which the city may
ultimately assume responsibility for maintenance. Subdivision
includes the division and redivision of residential and non-
residentially zoned land.
Water Detention Structure. Water Manaqement Structure
which provides for storage of stormwater runoff
controlled release of such runoff during and after
storm.
A facility
and the
a flood or
Water Retention Structure A facility which provides for storage
of stormwater runoff.
Wetlands Hydrologically sensitive areas which are identified as
being inundated or saturated by surface water with a frequency
and duration sufficient to support, and under normal
circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. The list of
wetland vegetation is as stated in Rule 17-4.022 of the Florida
Administrative Code. Provided, however, that the landward extent
of the surface waters of the state for the purpose of
establishing wetland jurisdiction herein shall be determined by
Rule 1704.022, Florida Administrative Code, and Section 403.913
(2) and (3), Florida Statutes.
ARTICLE II
STORM WATER MANAGEMENT AND MINIMUM STANDARDS
ENVIRONMENTAL PROTECTION
Section 9.5-51. SHORT TITLE
This article shall be known and may be cited as "The Storm Water
Management and Conservation Ordinance of Edgewater, Florida."
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Artificial Drainaqe System Any canal, ditch, culvert, dike,
storm sewer or other man-made facility which tends to control the
surface flow of water.
Clearinq The removal of any trees or
shall not include mowing, grubbing,
harvesting carried out in accordance
practices as defined in Section
brush from the land, but
or site preparation and
with bona fide forestry
County The County of Volusia, Florida.
Discharoe The outflow of water from a project, site aquifer,
drainage basin or facility.
Drainaoe System. Natural Drainaoe System Surface streams or
swamps which convey water to natural points of discharge.
Existino The average condition immediately before a legal act of
development or redevelopment commences.
Ground Water Water beneath the surface of the ground whether or
not flowing through known and definite channel
Hydroqraph A graph of discharge versus time for a selected
outfall point.
Hydroloqic
on, above,
Cycle The movement of water through the environment
and below the surface of the earth.
Land The earth, water, air above, below, or on the surface, and
includes any vegetation, improvements, or structures customarily
regarded as land.
Local Government Any municipality in Volusia County, Florida,
and the County of Volusia.
Lot A parcel of land
specific area, including
setback lines and intended
for transfer of ownership
word "plot", "parcel", and
contained within property lines of a
land within easements and building
as a unit for building development, or
or both. The word "lot" includes the
"tract".
Municipality A duly incorporated municipality in Volusia County,
Florida.
Person Any individual, firm, association,
social, fraternal, or business, partnership,
company, corporation, receiver, syndicate,
other group or combination acting as a
government.
organization whether
joint venture, trust
business trust, or
unit, including any
Page 2
.
Section 9.5-52. ~ ~
It is the intent of this article to allow landowners reasonable
use of their property provided that:
1) Storm water runoff rates and volumes after development
approximate existing predevelopment conditions;
2) Surface and ground water quality is not compromised; and
3) Precautions will be taken to prevent erosion,
sedimentation and flooding.
Section 9.5-33. DEFINITIONS
For the purposes of this article words used in the singular shall
include the plural, and the plural, the singular; words used in
the present tense shall include the future tense; the word
HShallH is mandatory and not discretionary; the word "mayH is
permissive; words not defined herein shall be construed to have
the meaning given by common and ordinary use as defined by the
latest edition of HWebster's Dictionary"; and the following
definitions shall apply:
AQricultural lands means those lands
including forestry.
in any agricultural use
Applicant means any person applying for or who has been granted a
permit to proceed with a project.
AQuifer means an underground formation, group
part of a formation that is permeable enough to
or yield usable quantities of water.
of formations or
transmit, store,
As-built plans means the amended site plans specifying the
locations, dimensions, elevations, capacities, and capabilities
of structures or facilities as they have been constructed.
Canal means an artificial, primary water conveyance facility with
an open channel and usually a wet bottom.
City means the City of Edgewater, Florida.
City enQineer means a professional engineer registered
State of Florida and employed by the city.
in the
ClearinQ
shall not
harvesting
practices.
means the removal of trees and brush from land, but
include mowing, or grubbing, or site preparation, and
carried out in accordance with bona fide forestry
Page 4
(.)
o
Convayan~a swala maans a Ewale designed as a
tertiary convey.nce facility, with a positive bed
direction of flow, and a dry bottom.
secondary or
slope in the
Council. city council means the city council of the city.
County means the County of Volusia, Florida.
DesiQn hiQh water (DHW) means the water elevation expected to
occur at a particular design storm event. Examples are:
DHW 10
DHW 25
DHW 100
10 year return storm event
25 year return storm event
100 year return storm event
Detention
water in
physical,
release of
means the collection and temporary
6uch a manner as to provid. for
chemical, or biological processes
the storm water.
storage of storm
treatment through
with subsequent
"'f)i-sE.R.er~~Aa--th.Q-~-.i..d-i-R9---wa~-~Q~t.-Q...i...&.t.~-i~-:f&r----tAe
-E:-i-t..,,---<-5t...-~R-R&-~..v-eF--w.a-te.F-~~Rt-...o.i-~~t..)__
DischarQe means the outflow of water from a project. site
aquifer. drainaQe basin. or facility.
Ditch means an artificial secondary or tertiary water conveyance
facility with an open channel that does not qualify by definition
to be called a swale.
DrainaQe system. natural drainaQe system means surface streams or
swamps which convey water to natural points of discharge.
Dry bottom means any water retention, detention, or conveyance
facility which evacuates its water level below its df?~Jg!ted
bottom within 72 hours of-its designed'storm event, by either
natural or artificial draw down means; and whose bottom is
maintained a minimum 12" above the SHWT.
Enforcement official means the city engineer or his duly
appointed deputy responsible for enforcing the provisions of this
article and insuring plan adherence during construction phases.
Exfiltration (Qroundwater recharQe) means water passing through a
permeable substance such that water i6 filtered as it is
discharged from a water conveyance facility (e.g., exfiltration
pipe. )
ExistinQ means the average condition immediately before a legal
act of development or redevelopment commences.
Ground water means a graph of discharge versus time for a
selected outfall point.
Page 5
*Deleted language, :l:ffie€i-efn:e'li9H, new language provided by Planning and Zoning Deparbnent
and approved by L.D .R.A. underline::!.
HydroQraph means a graph of discharge versus time for
outfall point.
a selected
o
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Hydroloqic cycle means the movement of water through the
environment on, above, and below the surface of the earth.
Infiltration (qroundwater draw down) means
a permeable surface such that the water is
collected by a water conveyance facility
pipe).
water passing through
filtered before it is
(e.g., under drain
Land means the earth, air above, water below, or on the surface,
and includes any vegetation, improvements, or structures
customarily regarded as land.
Natural flow pattern means the rate, volume, and direction of the
surface of ground water flow occurring under natural conditions
for any given portion of the city.
Normal water level (NWL) means the water elevation normally
(chronically) expected in a facility designed to hold water (wet
bottom). Examples: the elevation corresponding to the control
elevation on a weir or the invert of an under drain system for an
example.
Peak discharqe attenuation means the process of matching or
reducing the post-developed, peak discharge rate to that of the
pre-developed, peak discharge rate for a given storm event.
Percolation means water passing through a permeable substance
such as soil.
Person means an individual, corporation, governmental agency,
business trust, estate, trust, partnership, association, two (2)
or more persons having a joint or common interest, or any legal
entity.
Pollution abatement means any process that treats water quality
as required in order to satisfy F.A.C. 17-25, or Chapter 40 C-42.
Project means the particular structures and improvements proposed
by the applicant on a particular land area which are part of a
common plan of development and shall include the subdivision of
land.
Project area means clearly defined phase of development or
redevelopment characterized by any of the activities described in
Section 9.5-55 as requiring a permit.
Project initiation means all acts antecedent to actual
construction activities and includes, but is not limited to, land
clearing, utility construction, and the like.
Page 6
,
Rate means vOlu<:)per unit of time.
Recharqe means the inflow of water into
drainage basin, or facility.
o
a project, site, aquifer,
Retention means the prevention of, or to prevent the
of, a given volume of stormwater runoff into surface
the city or state, by complete on-site storage.
discharge
waters of
Retention swale means a man-made swale designed to retain
(instead of convey) water, that has a dry bottom with vegetation
suitable for soil stabilization, surface water treatment, and
nutrient uptake.
Seasonal hiah water table (SHWT) means that elevation the water
table is expected to achieve during the time of the year when the
greatest amount of rainfall normally occurs. (a.k.a. wet season
water table)
Site plan means the plan required to acquire a development,
construction, building, or storm water permit which shows the
means by which the developer will confirm with applicable
provisions of this article and other applicable ordinances.
Stormwater means the flow of water which results from and occurs
immediately following a rainfall event.
Structure me.ns that which is built or constructed, and edifice
or building of any kind, or any piece of work artificially built
up or composed of parts joined together in some definite manner
but shall not include fences or signs.
Subdivision means the division of a parcel of land, whether
improved or unimproved, into three (3) or more contiguous lots or
parcels of land, whether by reference to a plat, by metes and
bounds or otherwise, or, if the establishment of a new street is
involved, any division of such parcel. However, the division of
land into parcels of ten acres or more not involving any change
in street lines or public easements of whatsoever kind is not to
be deemed a subdivision for the purposes of this article.
Subdivision includes a resubdivision and, when appropriate to the
context, relates to the process of subdividing or to the land
subdivided.
Swale means a manmade trench that has a stabilized dry bottom
(sodded or approved equivalent), a top width to depth ratio
greater than 6:1 and side slopes no less than 3:1 (horizontal to
vertical).
Volume means occupied space and is measured in cubic units.
Page 7
III'"
Water means all w-...ter on or beneath the surf;>,e of the ground '. or
in the atmospher~including natural or arti~ial water courses,
lakes, ponds, or diffused surface water and water standing,
percolating or flowing beneath the surface of the ground, as well
as all coastal waters within the city.
Water conveyance facility means any artificial facility which has
the ability to convey water such as (but not limited to> pipes,
bo~ culverts, canals, ditches, and swales. Such facilities
should be described by their level of services by the City
Engineer by the following guidelines:
Primary: those facilities designed to transport water
between lakes, d~tention ponds, canals, or
master drainage plan facilities.
Secondary: those facilities designed to transport water
from infrastructure and municipal roadways,
or pollution abatement facilities.
Tertiary: those facilities designed to transport water
from private roadways, parking lots, or site
impervious structures.
Water detention structure means a facility which provides for
storage of storm water runoff and the controlled release of such
runoff during and after a flood or storm as defined by F.A.C. 17-
25 under "detention".
Water manaQement facility means any pond, lake, reservoir, or
storage mechanism design to retain, detain, or filter water for
the purpose of pollution abatement, peak discharge attenuation,
peak volume reduction, or compensating storage or 100 year flood
plain encroachment.
Water retention structure means a facility which provides for
storage of storm water runoff as defined by the F.A.C. 17-25 as
"retention".
Wet bottom means any water retention, detention, or conveyance
facility which cannot evacuate its water level (naturally or
artificially> below its design bottom within 72 hours of its
design storm event or those tidally influences facilities that
contain water above their bottom more than 12 hours a day.
Wetlands means hydrologically sensitive areas which are
identified as being inundated or saturated by surface water with
a frequency and duration sufficient to support, and under normal
circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. The list of
wetland vegetation is as stated in Rule 17-4.022 of the F.A.C.
Page 8
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Provided, however, that the landward ewtand of the surface waters
of the state for the purpose of establishing wetland jurisdiction
herein shall be determined by Rule 17-4.022, F.A.C., and Section
403.913(2) and (3), Florida Statutes.
Section 9.5-54.
JURISDICTION AND CONFLICT
This article shall apply in the incorporated areas of the city,
as authorized by the Edgewater City Charter. In the event of
conflict between any standard, procedure, requirement, or
regulation established in this ordinance with a standard,
procedure, requirement, or regulation established by the Florida
Department of Environmental Regulation (FDER), or Volusia County,
the more stringent standard, procedure, requirement or regulation
shall prevai 1.
Section 9.5-55.
PERMIT REQUIRED
No person may subdivide or make any changes in the use of land or
construct or reconstruct a structure to change the size of a
structure, except as hereinafter exempted, without first
obtaining a permit from the city engineer's office as provided
herein. For the purposes of this article, the following
activities may potentially alter or disrupt existing storm water
runoff patterns, and.as such, will require a permit prior to the
initiation of any project:
(a) Clearing and/or draining of land as an adjacent to
construction;
(b) Clearing and/or draining of non-agricultural lands
for agricultural purposes;
(c) Subdividing land;
(d) Replatting recorded subdivisions and the development
of recorded and unrecorded ~~b~ivisions;
(e) Changing the use of land and/or the construction of
a structure or a change in the size of one or more
structures;
(f) Altering the shoreline or bank of any surface water
body;
(g) Filling of depressional areas; an&
(h) Lowering of the water table.; and
(i) ConvertinQ aQricultural lands to non-aQricultural uses.
Page 9
*Deleted language ~tltee-~el::i9ft, new language underlined, as per Volusia Cormty and
approved by the L.D.R.A.
Section 9.5-56.
EQpTIONS
o
For the purpose of thig article, the following activities shall
be exempt from th~ formal permitting procedur~s of this article:
-f-8.)-- -EX.i.-.t-i-R9-~R__Li.da-..agr:..i.c.u.l.tur.....l.-~-u.j...t.&.;.
(a) f-b~- Maintenance work on utility or transportation
systems, if performed on established rights-of-
way or easements; provided such maintenance work
does not alter the purpose and intent of the system
as constructed;
(b) ~~ Maintenance work performed on existing mosquito
control drainage canals for the purpose of public
health and welfare;
(c) ~~ Any maintenance, alteration, renewal, use or improv~-
ment to any existing structure not changing or
affecting the rate or volume of runoff as determined by
the methods defined in Section 9.5-57;
(d) ~ The acceptance of a plat by the city council in
accordance with the subdivision regulation, or
approval of a site plan in accordance with the
zoning ordinance, shall be construed as a permit
and a separate permit under this article is not
required, but compliance herewith shall be demon-
strated as a part of the review procedure pursuant
to Ordinances No. 880 and 70-0-7. Subsequent plat,
or site plan, however, shall be subject to the terms
of this article; and
(e) ~~~ Any maintenance, alteration, ren~wal, use or
improvement to an e~isting structure not changing
or affecting rate or volume of stormwater runoff;
and the one time construction of any structure or
addition not otherwise exempt not exceeding 1,000
square feet of impervious area on or parallel to
the ground.
Section 9.5-57. GENERAL REQUIREMENTS
The hydrolic requirements mandated by this article shall be
developed in accordance with the latest releases and revisions of
the U.S. Department of Agriculture, Soil Conservation Service's
Technical Release No. 55 entitled "Urban Hydrology for Small
Watersheds". Alternate methods may be used with the approval of
the city engineer if similar results are produced. The city's
drainage summary form shall be submitted in any case for
Page 10
*Deleted language 3::i:fiee-~tl9h, new language provided by Volusia County via Planning Department
and approved by L.D.R.A. underlined.
....'::i':..'.
o
o
comparative purposes. Innovative approaches to storm water
management shall be encouraged and the concurrent control of
erosion, sedimentation and flooding shall be mandatory.
Storm water management and conservation control strategies shall
meet the following performance standards and requirements:
(a) (1) On-site pollution abatement shall be provided for
no less than on~ half (1/2) inch runoff depth over
the entire proj~ct area. Pollution abatement shall
be provided through retention where the project soils
allow the process to occur. If 100Y. of the retention
volume is not capable of evacuation within 72 hours
through percolation and evapotranspiration then
detention with filtration shall be used. Exfiltra-
tion and under drain (infiltration) devices shall
be in accordance with city's latest design and
maintenance policy.
(2) All project areas greater than one (1) acre shall
also calculate the retention volume based upon the
runoff generated from the first one (1) inch of
rainfall. In this case the runoff will be calculated
as to the total percentage of impervious surface (and
pond area) multiplied times the 1" of rainfall. If
the runoff depth does not exceed one half (1/2) inch,
then one half (1/2) inch shall be us~d as a minimum
runoff value. (see (a)(l)).
(3) All filtration systems (under drain or exfiltration)
shall require as a minimum one (1) soil boring detailing
soil profile, seasonal high water table, and any pert-
inent percolation rates at the filter site location.
(4) All projects that qualify for district water quality
permitting under SJRWMD 40C-42 shall send copies of the
40C-42 permit application and calculations sent to the
district prior to city site plan approval. Final
district approval must be granted before city will grant
final acceptance of project construction.
(b) For a twenty-five (25) year storm of twenty-four (24)
hours duration the peak discharge rate and the total
runoff volume leaving the developed or redeveloped site
shall be limited to the peak discharge rate and the
total runoff volume prior to development or redevelop-
ment. The rainfall amount should be interpolated from
the most recent hydrograph contour for the city as
published in the latest version of TR-55. City will not
accept values less than 9.0" for a twenty-five (25)
year/twenty-four (24) hour event.
Page 11
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(c) The peak discharge rate from the developed or
redeveloped site resulting from a one hundred year
storm of twenty-four (24) hours duration shall not
exceed the peak discharge rate resulting from a one
hundred (100) year storm of twenty-four (24) hours
duration prior to development or redevelopment. The
minimum rainfall amount accepted shall be 11.0 inches.
(d) Storm water runoff shall be subjected to best management
practice prior to discharge into natural or artificial
drainage systems. Best management practice shall mean
a practice or combination of practices determined by the
city engineer to be the most effective practical means
of preventing or limiting the pollution generated by
the project to a level compatible with Florida water
quality standards found in Chapter 17-3, Fla. Adminis-
trative Code.
(e) Runoff computation shall be based on the most critical
situation and conform to acceptable engineering
practices using rainfall data and other local infor-
mation applicable to the affected area. Minimum
rainfall amounts shall be as those described in
sections (b) and (c), however, higher interpolated
values are encouraged when applicable. Hydrograph
distribution shall be applicable to region in which
the city is located.
(f) No site alteration shall cause siltation of wetlands,
pollution of downstream wetlands, or reduce the natural
retention or filtering capabilities of wetlands.
(g) No site alteration shall allow water to become a health
hazard or contribute to the breeding of mosquitoes.
(h) All site alteration activities shall provide for such
water retention and settling structures and flow
attenuation devices as may be necessary to insure that
the foregoing standards and requirements are met.
Required volume recovery shall be provided as follows:
(1) Conveyance swales - percolate eighty percent
(80Y.) of run off volume from three (3) year/
one (1) hour storm in seventy-two (72) hours.
(2) Exfiltration systems - percolate eighty percent
(80Y.) of run off volume from three (3) year/one
(1) hour storm in thirtY-$ix (36) hours.
(3) Retention swales - percolate one hundred percent
(100Y.) of pollution abatement volume in seventy-
two (72) hours following the storm event.
Page 12
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(4) Retention ponds - percolate one hundred percent
(100%) of pollution abatement volume in seventy-
two (72) hours following the storm event.
(5) Detention ponds - recover one hundred percent
(100%) of storage capacity in seventy-two (72)
hours following the storm event.
(i) Design of water retention or detention structures and flow
attenuation devices shall be subject to the approval of the
city engineer.
(j) No ditch or swale shall be interrupted by any structure or
be altered in any way so as to impede the intended design
of such ditch or swale.
(k) Minimum and maximum velocities in all water conveyance
facilities are given in city's design procedures manual.
In no case, however, shall a design velocity in a culvert
be less than 2.5 feet per second or exceed twenty (20)
feet per second. Design velocities in excess of ten (10)
feet per second shall require the special permission of the
city engineer and in excess of five (5) feet per second
shall require special erosion control devices.
(1) All water management facilities shall have at lease 4:1
(horizontal to vertical) side slopes (except swales 3:1
minimum). City's design procedures manual gives specific
criteria.
(m) Erosion protection and energy dissipation shall be
insured on all water conveyance facilities as needed
to ensure goals consistent with this ordinance. Designs
shall consider design velocity, existing/proposed.
(n) A positive drainage outfall system shall be provided
which does not adversely impact downstream owners or
adjacent lands, nor redirect pre-existing runoff to
previously unaffected lands. In the case of pre-
existing flooding downstream, however, the city engineer
may allow the relocation of the natural outfall if it can
be shown that:
1) Redirection of water will help alleviate
downstream flooding problems
2) Land receiving new upstream discharge
demonstrates the capability to handle
additional upstream discharge
Page 13
....
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3) Owner of new receiving land present within
acknowledgement and acceptance of water
4) Redirection is consistent with the city's
master drainage plan.
(0) All runoff shall be treated to remove oil and floatable
solids before discharge from site. Acceptable methods
of removal include (but are not limited to) skimmers and
baffles.
(p) Direct discharge to Class II waters is prohibited as
defined by the county.
(q) The seasonal high water table may not be lowered more than
fifteen percent (15%) of the site to a depth of five feet
(5') below the surface of the existing undisturbed ground,
or an equivalent volume, providing that there be a maximum
depth of five feet (5'), said area to be measured at the
overflow elevation of the retention area(s). The water
table may not be lowered if there are adverse effects on
wetlands or increased flows to the detriment of neiohborino
lands.
Section 9.5-58 PERMIT APPLICATION PROCEDURES
(a) Contents. Any person proposing to make any change in the
arrangement or size of any structure or land or to construct
a new structure, except as exempted in section 9.5-56 above,
when in doubt as to whether a standard permit application
is necessary, may furnish a completed preliminary applica-
tion form to the city engineer. The preliminary application
shall be filed by the owner/applicant in duplicate and shall
contain the following elements:
(1) A location map;
(2) A statement expressing the intent and scope of the
proposed project; and
(3) A schedule of proposed improvements.
(b) Preliminary review. The preliminary application shall be
reviewed by the city engineer, in order to determine
whether a standard permit application shall be required.
Within ten (10) working days after submission of the
preliminary application, the city engineer will notify
the applicant that either the project is approved, is
exempt, or a standard permit application must be filed
for the project. No fee shall be charged for preliminary
application.
Page 14
New lanquaqe provided by Volusia County and
approved by L.D.R.A. underlined.
o
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(c) Standard permit. If a standard permit application is
required for the project, the applicant shall furnish
the following information to the city engineer together
with the completed standard permit application form:
(1) The detailed site plan prepared by a
professional engineer or architect
registered in the state;
(2) Topographic maps of the site before and
after the proposed alteration, as prepared
by a professional engineer or land surveyor
registered in the state;
(3) General vegetation maps of the site before
and after the proposed alteration; and
(4) Construction plans, specifications, compu-
tations and hydrographs necessary to indicate
compliance with the requirements of this
article, as prepared by a professional engineer
registered in the state.
(d) Review. Any person proposing to erect a driveway which
would cross a swale or ditch, or to build any structure
which might impede the intended flow of water through
such swale or ditch shall make application to the
building official, who shall consult with the superin-
tendent of public works. If the proposed driveway or
structure is approved by the superintendent of public
works, the building official shall issue a permit on
forms prescribed by the city manager, and the building
official shall not issue a certificate of occupancy
unless the proposed work conforms with the approved
permit.
(e) Considerations. The city engineer in approving or
denying a permit application shall consider as a minimum,
the following factors as they may apply to the storm
water management performance standards as set forth
previously'
(1) The characteristics and limitations of the soil
at the proposed site; with respect to percol-
ation and infiltration;
(2) Topographic maps of the site before and after
the proposed alteration, as prepared by a pro-
fessional engineer or land surveyor registered
in the state:
Page 15
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(3) General vegetation maps of the site before and
after the proposed alteration; and
(4) Construction plans, specifications, computations
and hydrographs necessary to indicate compliance
with the requirements of this article, as pre-
pared by a professional engineer registered in
the state.
(d) Review. Any person proposing to erect a driveway which
would cross a swale or ditch, or to build any structure
which might impede the intended flow of water through
such swale or ditch shall make application to the
building official, who shall consult with the superin-
tendent or public works. If the proposed driveway or
structure is approved by the superintendent or public
works, the building official shall issue a permit on
forms prescribed by the city manager, and the building
official shall not issue a certificate of occupancy
unless the proposed work conforms with the approved permit.
(e) Considerations. The city engineer in approving or denying
a permit application shall consider as a minimum, the
following factors as they may apply to the storm water
management performance standards as set forth previously:
(1) The characteristics and limitations of the soil
at the proposed site, with respect to percolation
and infiltration;
(2) The existing topography of the proposed site and
the extent of topographical changes after develop-
ment;
(3) The existing vegetation of the proposed site and
the extent of vegetational changes after develop-
ment;
(4) The impact the proposed project will have on the
natural recharge capabilities of the site;
(5) The impact the proposed project will have on
downstream water quantity and quality and
specifically the potential for downstream
flooding conditions;
(6) The plans and specifications of structures or
devices the applicant intends to employ for
on-site water retention, detention, erosion
control, and flow attenuation;
Page 16
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(7) The effect the proposed water retention or
detention structures will have upon mosquito
breeding habitat;
(8) The continuity of phases projects (projects
that are to be developed in phases will require
the submission of an overall plan for the
applicant's total land holdings);
(9) The adequacy of easements for drainage system
in terms of both runoff conveyance and maint-
enance.
Within fifteen (15) working days after submission of the
completed permit application package, t~e city engineer shall
approve, with specified conditions or modifications, or reject
the proposed plan and shall notify the applicant accordingly.
If the engineer has not rendered a decision within fifteen (15)
working days after plan submission, he must inform the applicant
of the status of the review process and the anticipated
completion date. If the plan is rejected or modified, the city
engineer shall state the reasons for rejection or modification or
delay. If the applicant feels aggrieved due to rejection,
modification or delay, he may request a hearing before the city
council.
Section 9-5.59 PERMIT FEES
A permit fee shall be collected at the time the standard
application package is submitted and will reflect the cost of
administration and management of the permitting process. The fee
schedule may be amended from time to time by the council, by
resolution. Notice of said resolution shall be published no less
than fifteen (15) days prior to adoption.
Section 9-5.60 PLAN ADHERENCE
After approval of the preliminary or standard permit application,
the applicant shall be required to adhere strictly to the plan as
approved. Any change or amendments to the plan must be approved
by the city engineer in accordance with the procedures set forth
in section 9.5-58 above. After the completion of the project,
the city engineer may require as-built plans from the
owner/applicant if the completed project appears to deviate from
the approved plan.
Enforcement officials shall be granted inspection rights and
right-of-entry privileges in order to ensure compliance with the
requirements of this article.
Page 17
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Section 9.5-61 MAINTENANCE
The installed system(s) required by this article shall be
maintained by the owner except that the city may accept certain
systems for city maintenance. The selection of critical areas
and/or structures to be maintained by the city shall be
recommended to the city council by the city engineer, after
receipt of comments from the appropriate officials. All areas
and/or structures to be maintained by the city must be dedicated
to the city by. plat or separate instrument and accepted by th~
city council. The system(s) to be maintained by the owner shall
have adequate easements to permit the city to inspect and, if
necessary" to take corrective action should the owner fail to
properly maintain the system(s). Should the owner fail to
properly maintain the system(s)" the city engineer shall give
such owner written notice of the nature of the corrective action
necessary. Should the owner fail, within thirty (30) days from
the date of the notice to take, or commence taking, corrective
action to the satisfaction of the city engineer, the city may
enter upon lands, take corrective action and place a lien on the
property of the owner for the costs thereof.
Section 9.5-62 ENFORCEMENT
If the enforcement official determines that the project is not
being carried out in accordance with the approved plans or if any
project subject to this article is being carried out without a
permit, he is authorized to:
(a) Issue written notice to the applicant specifying the
nature and location of the alleged noncompliance, with
a description into compliance within a reasonable spec-
ified time; or
(b) Issue a stop-work order directing the applicant or
person in possession to cease and desist all or any
portion of the work which violates the provisions
of this article if the remedial work is not completed
within the specified time. The applicant shall then
bring the project into compliance or be subject to
immediate revocation of his permit and to the penalties
in section 9.5-63.
Section 9.5-63 PENALTIES
Any person who violates or causes to be violated any provision of
this article or permits any such violations or fails to comply
with any of the requirements hereof shall be punished by a fine
not to exceed five hundred dollars ($500.00) or by imprisonment
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for a period not to exceed sixty (60) days, or by both such fine
and imprisonment. Each day upon which such violation occurs
shall constitute a separate offense. In addition to any other
remedies, whether civil or criminal, the violation of this
article may be restrained by injunction, including a mandatory
injunction, and otherwise abated in any manner provided by law.
Section 9.5-64 VARIANCE PROCEDURES
Upon request by any person required to obtain a permit hereunder
and where it may be shown that an increase or decrease in the
rate of surface runoff shall not be harmful to the water
resources of Edgewater, the city council, after recommendations
by the city engineer, may grant or deny a variance to this
article. The city engineer shall make recommendations within ten
(10) working days after notification.
Section 9.5-65 EMERGENCY EXEMPTION
This article shall not be construed to prevent the doing of any
act necessary to prevent material harm to or destruction of real
or personal property as a result of a present emergency,
including but not limited to fire, infestation by pests, or
hazards resulting from violent storms or hurricanes or when the
property is in imminent peril and the necessity of obtaining a
permit is impractical and would cause undue hardship in the
protection of the property. A report of any such emergency shall
be made to the city engineer by the owner or person in control of
the property upon which emergency action was taken as soon as
practicable, but not more than ten (10) days following such
action. At the discretion of the city engineer, remedial action
may be required to conform with the intent of this article.
Section 9.5-66 VESTED RIGHTS
This article shall not in any way limit or modify the vested
right of any person to complete any development or improvements
to lands based upon prior law or previous permit or authorization
granted as a result of compliance with the Edgewater Subdivision
Ordinance, or by a building permit or other authorization on
which there has been reliance and a change of position and which
authorization or permit was issued prior to the effective date
hereof. Any person whose rights may have vested through reliance
on prior law or prior authorization may seek a determination of
such rights from the city council within one (1) year from the
effective date (August 24, 1980) hereof.
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Section 9.5-67 CONFLICT WITH OTHER ORDINANCES AND CODES
In case of conflict between this article or any other part
thereof, and the whole or part of any other existing or future
ordinance or code, the most restrictive in each case shall apply.
ARTICLE III
CLASS II WATERS MINIMUM STANDARDS FOR ENVIRONMENTAL PROTECTION
Sect ion
DEFINITIONS
For the purpose of the article, the following words shall be
defined as provided in article I, Section :
County
Existing
Land
Local Government
Lot
Municipality
Wet lands
Section
PURPOSE. INTENT AND BOUNDARIES
The purpose of this section is to provide regulations to protect
and improve the water quality of Volusia County's only Class II
Waters designated by the Florida Department of Environmental
Regulation in accordance with Rule 17-3.161, Florida
Administrative Code and establish a buffer zone for __-~~a~~
-5-~f'H.+}.e-an.t.. ,.,&1 t I . nd-....i.J::l-'-C'C'O'l::~e--~i-t-R-~e-~s-t--Ge-At-F-a-1---~F4..e.a.
~-i~l--f4-a~~---G0t7I'te:~--~l"ehefls-i.ye..-Ri?f1""i-eAa-l---Pe-l-i-ey--...p.l-afl-,
~l-~-~-the protection of ~~-~~ wetlands. Said
Class II designation authorizes shellfish propagation and
harvestation. Said water quality criteria applicable to this
class are designed to maintain the minimum conditions necessary
to assure the suitability of water for the designated use of the
classification. The regulations in this section are designed to
reduce the negative impacts of development adjacent to Class II
waters and protect this vital natural resource and the shellfish
harvesting industry in this area. The boundaries of the Class II
waters minimum standard are as follows:
On the North by the Southern City limits of the City of New
Smyrna Beach; on the East by U.S. Highway A-i-A; on the West by
U.S. Highway 1; and on the South by the Brevard County line.
Section WETLANDS PRESERVATION
(1) Wetland Definition - See article II, Section
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*Deleted language I as per Volusia County l-3:fiee-eftffl'd9fl I new language
approved by L.D.R.A. underlined.
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(2) Performance Standards - No more than ten percent (10%)
of the wetlands upon any lot which is within the land-
ward extent of the surface water of the State shall be
disturbed; whether filled, cleared or otherwise
altered.
(3) Mitiaation - Any disturbance of wetlands within the
said ten percent (10%) shall require mitigation.
Mitigation is defined as any action taken to offset
or compensate the adverse impact of alteration of
an existing wetland. Mitigation for the loss of
wetland functions can consist of wetland creation
and wetland enhancement. Wetland creation means the
construction of a functional wetland in what was an
upland. Wetland enhancement means the improvement
of the ecological value of an existing wetland.
(a) Functional MitiQation - Functional mitigation,
wetlands creation or enhancement should restore
the type of functions lost due to the wetland
impacts. The Local Government may consider the
creation or enhancement of a different type of
wetland if the application can demonstrate to
be beneficial to the area's ecology.
(1) Wetland Enhancement - The ecological value
of a wetland may be enhanced by altering
its hydroperiod, by increasing the hydro-
logic connection to off-site areas, by
increasing the effective size of the
wetland through the use of wildlife
corridors, or by improving the habitat
adjacent to or surrounding the wetland.
Evaluation of wetland enhancement
proposals is dependent upon site-
specific factors, therefore proposals
will be considered on a case-by-case
basis.
(2) Wetland Creation - The following ratios
for wetland creation should be used to
estimate the extent of wetland creation
to mitigate for replacement. The actual
extent of wetland creation may be more
or less depending on site-specific infor-
mation. The ratios for wetland creation
are based, in part upon the temporary loss
of wetland habitat while the created wet-
land is in early succession. The ratios
may be adjusted by providing assurance
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that the created wetland replaced with
habitat functions of the wetland which
is lost. This is most easily achieved
by the creations of wetlands prior to
wetland loss.
(b) Wetland Creation SUOQested Guidelines
(a) Mangrove Swamps - The ratio of created
wetland to lost wetland should be 2:1
to 5:1 depending on site-specific
factors.
(b) Saltwater Marshes - The ratio of
created wetland to lost wetland
should be 1.5:1 to 2:1.
If the wetland creation proposal depends
extensively on natural recolonization,
the ratios may be higher.
(c) Wetland alteration and Mitioation Applications
Prior to
wetlands
shall be
review.
the issuance of a building permit, a
alteration and mitigation application
submitted to the Local Government for
The application should include the following:
(1) A description of the type and function
of the wetland being altered including
area;
(2) A list of all aquatic or wetland dependent
vegetative community and hydrologic regime;
(3) A list of all aquatic or wetland dependent
designated as endangered or threatened
(pursuant to Rules 39-27.03 and 39-27.4,
Florida Administrative Code) which utilize
the wetland.
(4) Topographic information
classification
for the existing wetland.
and
soils
(5) Description of proposed alteration and
impacts to existing wetland, including extent
of dredge or fill or change in hydroperiod or
drainage.
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(6~A description of the wetl~ community to
created or enhanced as a result of
mitigation activity including;
be
the
(a) Area and location;
(b) Species to be planted;
(c) Plant density;
(d) Sources of plants or mulch;
(e) Proposed hydroperiod;
(f) Effect on the site and the area's
ecology and faunal diversity;
(g) Maintenance and plant survival period.
Said survival period shall not be less
than eighty percent (80%) for one (1)
year.
(h) Monitoring for
growth.
plant
survival
and
(d) The Local Government may approve, modify or
deny said application.
(e) Off-site Mitigation - Mitigation should take
place on-site or in close proximity to the
wetland loss. Situations may occur, however,
where it is appropriate to perform mitigation
activities off-site. In reviewing these
proposals or applications, the Local
Government will consider the benefits and
disadvantages to the area's ecological
systems as opposed to the on-site ecology.
(4) Wetlands Protection Buffer - A wetland protection
buffer shall be established for a distance extending
twenty-five feet (25') laterally upland from the ~ wet-
land
SECTION
SHORELINE PROTECTION
i1L HardeninQ of Shoreline ~ Vertical seawalls and bulkheads are
prohibited except as may be waived by the Local Government.
HardeninQ of the estuarine shoreline shall be allowed only when
erosion is causinQ _ serious siQnificant threat to life or
property.
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*Deleted language, as per Volusia County ,-%ffiffi-~l:i9h, new language approved by L.D.R.A.
underlined. (New language, as per Volusia County) .
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Other shoreline stabilization
vertical seawalls and bulkheads
is approved.
methods may be used
when hardeninq of the
in lieu of
shoreline
~ Shoreline Buffer ~ A shoreline protection buffer shall be
established for a distance extendinq fifty (50) feet laterally
upland from the mean hiqh water line. Within the buffer zone. no
development shall be permitted except for an allowance for
reasonable access. See Section (3) below.
(3) Reasonable Access to Water No more than twenty
percent or twenty five (25) feet. whichever is qreater. of
shoreline within property boundaries may be altered
reasonable access. The remainder of the shoreline shall
maintained in unaltered native veqetation.
(20)
the
for
be
Reasonable access may include docks. boat ramps. pervious
walkways and elevated walkways which provide the property owner
with reasonable access to the water
All portions of the shoreline which contain wetland veqetation
are subject to the wetlans protection requirement.
(4) Impervious Surface No more than thirty (30) percent
impervious surface shall be allowed within one hundred (100) feet
of the mean hiqh water line.
SECTION
LANDSCAPING
Notwithstandinq any other provision of this Ordinance to the
contrary. all development shall contain a minimum of thirty five
(35) percent open space within property boundaries. landscaped
with existinq veqetation or planted native species.
SECTION
STORMWATER CONTROLS
Notwithstandinq the provisions of any Local Government's
Stormwater Manaqement Ordinance or provision of Article II of
this Ordinance in effect. individual sinqle family and duplex
residential dwellinqs. not included in a stormwater manaqement
plan. shall provide a volume of retention equivalent to one half
(1/2) inch of depth over the entire site or lot. Prior to the
issuance of a buildinq permit. an application shall be submitted
to the Local Government for review. Said Local Government may
approve. modify. or deny the application. An appeal of a denial
may be provided for by the Local Government.
New language, as per Volusia County, and approved by L.D.R.A. underlined.
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SECTION
WASTEWATER TREATMENT PLANTS AND SEPTIC TANKS
~ Private packaqe wastewater treatment plants may be permitted
if the plant is desiqned to be transformed into a pump station
when public central wastewater facilities are available in the
area.
(2) Septic tanks for sinqle family lots shall be located only in
the front yard. Where possible. drain fields of said septic tank
shall be located at least two hundred (200) feet from any water
body or canal.
SEVERABILITY
Should any section or provision of this ordinance or application
of any provision of this ordinance be declared by the Courts to
be unconstitutional or invalid, such declaration shall not affect
the validity or the remainder of this ordinance.
EFFECTIVE DATE
A certified copy of this Ordinance shall be filed in the office
of the Secretary of State by the Clerk of the City Council within
ten (10) days after enactment and this Ordinance will take effect
upon receipt of official acknowledgement from that office that
said Ordinance has been filed.
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New language, as per Volusia County, and approved by L.D.R.A. underlined.
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ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF
EDGEWATER, FLORIDA, AMENDING ORDINANCE NO.
ENTITLED "CITY OF EDGEWATER MINIMUM STANDARDS FOR
ENVIRONMENTAL PROTECTION ORDINANCE", BY AMENDING
ARTICLE I, SECTION , BY PROVIDING FOR CERTAIN
DEFINITIONS; BY ADDING ARTICLE V, THE MINIMUM
ENVIRONMENTAL STANDARDS FOR WETLAND PROTECTION; BY
PROVIDING FOR DEFINITIONS; BY PROVIDING FINDINGS OF
FACT; BY PROVIDING FOR PURPOSE AND INTENT; BY PROVIDING
FOR STATEMENT OF JURISDICTION; BY PROVIDING FOR PERMIT
REQUIREMENTS; BY PROVIDING FOR PERFORMANCE STANDARDS;
BY PROVIDING FOR ENFORCEMENT; BY PROVIDING FOR WETLAND
IDENTIFICATION; BY PROVIDING FOR ENVIRONMENTAL
PLANNING; BY PROVIDING FOR MITIGATION REQUIREMENTS; BY
PROVIDING FOR BUFFER REQUIREMENTS; BY PROVIDING FOR
EXEMPTIONS; BY PROVIDING FOR DEMONSTRATION OF LOCAL
GOVERNMENT'S ENFORCEMENT CAPABILITY; BY PROVIDING FOR
MUNICIPAL SUBMITTAL; BY PROVIDING FOR SEVERABILITY; BY
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL
FLORIDA, IN OPEN MEETING DULY ASSEMBLED
EDGEWATER, FLORIDA, THIS DAY OF
FOLLOWS:
OF THE CITY OF EDGEWATER,
IN THE COMMUNITY CENTER,
, 1989 AS
City of Edgewater Ordinance No.
follows:
is amended as
SECTION
adding
order:
I: Article I, Section
the following definitions
in
is amended as follows by
appropriate alphabetical
a) Altered wetland - wetlands which have been substantially
effected by development, but which continue to provide some
environmental benefits.
b) Buffer setback - upland areas adjacent to wetlands which
serve to protect the wetlands from the detrimental impacts of
development or alteration. The buffer shall include canopy,
understory, and groundcover which consists of preserved existing
vegetation or planted native species.
c) Best manaQement practices (BMP) - management practices
as found in "Silviculture Best ManaQement Practices Manual",
Florida Department of Agriculture and Consumer Services, Division
of Forestry.
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d) Dredqinq <:)excavation by any means c:> wat&r. It also
means the excavation or creation of a water body which is, or is
to be connected to waters, directly or via excavated water bodies
or a series of excavated water bodies.
e) Fillinq - deposition by any means of materials
or wetlands.
in water
f) Mitiqation - are actions including, but not limited to
restoration, and creation of wetlands, required to be taken by a
person to compensate for environmental impacts of permitted
activities.
g) Wetland transitional lands which are identified by
being inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under
normal circumstances do or would support, a prevalence of
vegetation typically adapted for life in saturated soil
conditions. The definition includes all contiguous and non-
contiguous wetlands to waters, water bodies, and watercourses.
Wetlands include, but are not limited to, swamp hammocks,
hardwood hammocks, riverine cypress, cypress ponds, bayheads,
bogs, wet prairies, freshwater marshes, tidal flats, salt
marshes, mangrove swamps and marine meadows. Wetland vegetation
shall be determined as provided in Rule 17-3.022, Florida
Administrative Code.
h) Wetland boundary - that line or point where;
1. vegetative species shift from dominately wetland to
dominately upland species;
2. highly organic and muck soils or other wetland soils
shift to sandy upland soils; and
3. flooding, inundation or saturated soil indicators
are no longer present.
i) Wetland veqetation - as defined in Chapter 17-3.022,
Florida Administrative Code.
SECTION
DEFINITIONS
For the purpose of this Article, the following words shall be
defined as provided in Article I, Section (definitions):
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Altered wetland
Buffer setback
Best management practices (BMP)
Clearing
County
Developer
Dredging
Filling
Lot
Local Government
Mitigation
Municipality
Person
Wetland
Wetland boundary
Wetland vegetation
SECTION
FINDINGS OF FACT
The City Council of the City of Edgewater, Florida finds the
following facts to be true and a sufficient basis, either
individually or in combination, to justify the restrictions which
are set forth in these minimum standards:
1) Both wetlands contiguous to waters of the State and non-
contiguous wetlands serve the following important functions
in the hydrologic cycle and ecological system:
a) Riverine wetlands and adjacent floodplain lands
provide natural storage and conveyance of flood
waters.
b) Coastal wetlands and inland wetlands adjoining
larger lakes and rivers, act as barriers to waves
and erosion.
c) Inland wetlands provide tempor~ry storage of
surface waters during times of flood, thereby
regulating flood elevations and the timing, velocity
and rate of flood discharges.
d) Wetlands reduce flood flows and the velocity of
flood waters, reducing erosion and causing flood
waters to release their sediment. Wetland vegetation
filters and holds sediment which would otherwise enter
lakes and streams.
e) Wetlands protect water bodies from sediments,
nutrients, and other natural and man-made pollutants.
Wetland vegetation filters sediment, organic matter
and chemicals. Microorganisms utilize dissolved
nutrients and break down organic matter.
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f) coast~ wetlands are important s~ces of nutrients
for the commercial fish and shellfish industries.
Inland wetlands are important to freshwater fisheries
as spawning grounds.
g) Both coastal and inland wetlands provide essential
breeding and predator escape habitats for many forms of
mammals, birds, reptiles, amphibians, fishes, and
invertebrates.
h) Wetlands provide essential habitat for may rare,
endangered, and threatened species.
i) Wetlands provide excellent recreational
opportunities including, but not limited to,
fishing, hunting, camping, photography, boating,
and nature observation.
j) Wetlands are important as a source of ground
and surface water.
2) Considerable acreage of wetlands has been lost, and their
important functions impaired, by draining, dredging, filling,
excavating, building, polluting, and other acts. Remaining
wetlands are in jeopardy of being lost or impaired by such acts.
The loss of important wetland functions are contrary to the
public health, safety and welfare.
3) Current Federal and State wetlands regulations provide
inadequate protection of important wetland functions.
SECTION
PURPOSE AND INTENT
It is the purpose and intent of this regulation to provide for
the protection, maintenance, enhancement and utilization of
wetlands within City of Edgewater, recognizing the rights of
individual property owners to use their lands in a reasonable
manner as well as the rights of all citizens to protection and
purity of the waters of City of Edgewater and their associated
wetland ecosystems. It is the policy of Volusia County to
minimize the disturbances of wetlands in the City of Edgewater
and to encourage their use only for the purposes which are
compatible with their natural functions and environmental
benefits. It is further the purpose and intent of this Article
to insure that there be no net loss which are compatible with
their natural functions and environmental benefits. It is
further the purpose and intent of this Article to insure that
there be no net loss of wetlands as defined herein. To this end,
a Wetland Management Plan shall be required as provided herein.
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SECTION
STATEMENT OF JURISDICTION
All wetlands in the City of Edgewater, Florida are regulated as
provided herein and are therefore subject to jurisdiction of this
Article.
SECTION
PERMIT REQUIREMENTS
1) It is hereby unlawful for any person to engage in any
activity which will remove, fill, drain, dredge, clear, destroy
or in any way alter any wetland as defined in Section
(definitions) without obtaining a wetland alteration permit from
the local government in accordance with the provisions of this
Article.
2) The local government shall provide for applications and any
conditions thereof, variances, and appeal procedures in
connection with the issuance of a wetland alteration permit in
conformity with this Article.
3) The local government may adopt, or supplement permit
requirements or conditions issued from other Federal, State or
regional permitting agencies for the same development.
4) In determining whether the development is permissible under
the provisions of this Article, the local government shall
consider, but not be limited to the following standards:
a) The ability of the wetland to receive, store and
discharge surface water runoff so as to contribute
to hydrological stability and control of flooding
and erosion;
b) The ability of the wetland to recharge the groundwater;
c) The ability of the wetland to provide filtration and
nutrient assimilation from surface water runoff;
d) The ability of the wetland to provide habitat and
significant ecological function in the life cycle
for fish, wildlife, or other forms of animal or
plant life;
e) The ability of the wetland to function as an i~tegral
part of any waters, water body, or watercourse;
f) The cumulative impacts of the proposed development on
the wetland system in combination with other develop-
ments which have been or shall be proposed in the same
drainage basin;
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g) The technical feasibility of any proposed wetland
mitigation plans and the likelihood of their success
in restoring or replacing the environmental benefit
impacted by the development;
h) The capacity of the existing wetland to provide
environmental benefits because of such factors as
maturity, size, degree or prior alteration, physical
relationship to other water systems, and adjacent land
uses;
i) The degree or magnitude of the impact of the alteration
on the wetland and how such impact shall be minimized
through mitigation measures, either off-site or on-site,
or both, and recommendations concerning the appropriate
location of said mitigation.
5) The City of Edgewater shall require an application for said
wetland alteration permit and it shall include, but not be
limited to:
a) Name of applicant;
b) Copies of all previously approved permits from and
Federal, State or regional agencies;
c) The conditions of said permits or other approvals from
any Federal, State or regional agencies;
d) A sketch, map or survey with the type and extent of
wetland mapped to scale, unless previously depicted
on an approved permit or application by Federal, State,
or regional agencies.
e) A Wetland Management Plan that shall contain sufficient
information for the City of Edgewater to evaluate the
environmental characteristics of the wetlands, the
potential and predicted impacts of the proposed
activities on wetlands and the effectiveness and accept-
ability of those measures proposed by the applicant
for reducing adverse impacts. The Wetland Management
Plan should include but not be limited to a detailed
analysis of the following:
1) A description of all water bodies, water courses,
and wetlands on or adjacent to the site;
2) A map of the natural systems on the site;
3) The existing environmental and hydrologic
conditions of the site;
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4) A plan for control of erosion and sedimentation
which describes in detail the type and location
of control measures, and provisions of maintenance;
5) A detailed description of methods to be utilized
in meting the standards listed in Section
(performance standards);
6) Other information which the local government may
reasonably require to determine whether to approve
the wetlands alteration permit.
6) Upon presentation by the applicant to the City of Edgewater
of all required permits from the Federal, State or regional
agencies, the local government may issue a wetland alteration
permit, incorporating within said permit the general and specific
conditions which were previously made part of the permit from
said agencies.
7) The wetland alteration permit shall not be approved unless
the Wetland Management Plan clearly indicates that the proposed
development will meet the performance standards described in
Section (standards below).
8) The local government may seek permitting delegation
or all of the Federal, State or regional permitting
exercising jurisdiction and regulatory programs over
and/or dredge and fill activities.
from any
agencies
wetlands
9) The local government shall establish a mechanism to inform
the Federal, State and regional agencies of alleged violations of
its dredge and fill or wetland rules and regulations.
SECTION PERFORMANCE STANDARDS
1) There shall be no net loss of wetlands;
2) Any alteration of wetlands shall be mitigated in
accordance with the requirements of Section (mitioation
requirement);
3) Wetlands shall be protected from sedimentation
during development activities;
4) Wetlands shall be protected or used in a manner which
do not adversely impact their beneficial functions as
provided in Section (findinq of fact).
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SECTION
o
ENFORCEMENT
o
The City of Edgewater shall provide for the enforcement of
violations of this Article and its wetland alteration permit,
(including all conditions attached to it by and Federal, State,
or regional agencies.> Such enforcement mechanisms shall
include, but not be limited to, stop work orders, injunctions or
imposition of penalties, fines and liens as provided by law.
SECTION
WETLAND IDENTIFICATION
The wetland boundary shall be as defined in Article I, Section
(definitions>. In circumstances where the natural boundary of
wetland vegetation is unclear and when both parties agree, the
line of demarcation may be approximated at a surveyed elevation
measured at a location in the same wetland where the natural line
is clear. In the event an undeveloped area has been recently
cleared of all vegetation, the wetland boundary may be determined
by a study of the soils, aerial mapping, photography, hydrology,
and other historical information as appropriate.
SECTION
ENVIRONMENTAL PLANNING
Any local government in which wetlands are located within its
jurisdiction boundaries shall designate within ninety (90) days
after adoption of this Article certain lands in its comprehensive
plan, which are suitable for creation, acquisition, restoration
or preservation of wetlands or wetland habitat systems, including
adjacent upland habitat. The purpose of such designation is to
provide areas suitable for the off-site mitigation of the impacts
of wetland alteration. Such lands may be on public or private
property.
SECTION
MITIGATION REQUIREMENTS
1) If an applicant overcomes the presumption that the proposed
activity will have a significant affect upon the wetland, and the
local government finds the imposition of permit conditions
inadequate to minimize potential adverse environmental affects,
mitigation shall be required. The purpose of mitigation is
solely to compensate for unavoidable environmental impacts.
Mitigation should not be used to make an otherwise nonpermissible
project permissible. Mitigation plans should maximize the
preservation of existing natural resources. In determining
mitigation procedures, the mitigation includes the following
methods, in order of priority in which they should be utilized:
a) Avoiding the impact altogether by not taking a certain
action or parts of an action;
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b) Minimizing impacts by limiting the degree or magnitude
of the action or its implementation;
c) Rectifying the impact by repairing, rehabilitating, or
restoring the affected environment;
d) Reducing or eliminating the impact over time by
preservation and maintenance operations during the life
of the action;
e) Compensating for the impact by replacing or providing
substitute resources or environments;
2) Where all or part of a wetland is destroyed or substantially
altered by development, an acceptable mitigation plan shall
include at least:
a) Purchase of adjacent upland habitat;
b) Acre-for-acre replacement of the same type of wetland;
c) Specific design requirements based upon conditions of
the site and the type of wetland to be created or restored;
d) Periodic monitoring to remove exotic or nuisance
vegetation;
e) Monitoring and replacement to assure a specified
survival rate of wetland vegetation for a reasonable
period of time;
f) Mitigated wetland sites shall include an adjacent
buffer.
3) An acceptable mitigation plan shall be reasonably and
technically feasible. Mitigation through restoration of other
degraded wetlands is preferred over wetland creation.
4) Mitigation should take place on site or in close proximity to
the wetland loss.
5) An applicant who carries out a compensatory mitigation plan
shall grant a conservation easement on the newly-created wetland
and buffer to protect it from future development.
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SECTION
BUFFER REQUIREMENTS
1) The City of Edgewater shall establish a buffer of not less
than twenty-five (25) feet adjacent to and surrounding all
wetlands. The buffer may coincide with the setback on a lot
under the Zoning Ordinance in effect in the City of Edgewater.
However, said buffer shall not impede reasonable access to a body
of water.
2) Activities which do not have a significant effect on the
natural function of the buffer may be allowed within the buffer.
The activities include, but are not limited to pruning, planting
or suitable native vegetation, removal of exotic and pioneer
plant species, and the creation and maintenance of walking
trails.
SECTION
EXEMPTIONS
1) Activities which may be exempted from this Article include:
a) Nonmechanical clearing the vegetation from an
area of less than ten percent (10%) of the wetland on a lot
for otherwise exempted activities;
b) Scenic, historic, wildlife, or scientific preserves;
c) Minor maintenance or emergency repair to existing
structures of improved areas;
d) Cleared walking trails having no structural components;
e) Timber catwalks and docks less than four (4) feet wide;
f) Bona fide agriculture uses;
g) Utility crossing.
2) Silviculture activities which follow the best management
practices outlined in the publication titled, "Silviculture Best
Manaoement Practices Manual", Florida Department of Agriculture
and Consumer Services, Division of Forestry, 1988. Provided,
however, failure to follow said practices shall be a violation of
this Article.
3) Provided, however, that the City of Edgewater may at its
option delete in whole or in part any of the above described
exemptions, but in no case shall the local government include any
additional exemptions in its ordinance adopted pursuant to this
Article.
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SECTION
CAPABILITY
DEMONSTRATION OF LOCAL GOVERNMENT'S ENFORCEMENT
The City of Edgewater shall demonstrate no later than six (6)
months from the effective date of this ordinance its ability to
implement and enforce this Article.
SEVERABILITY
Should any section or provision of this ordinance or application
of any provision of this ordinance be declared by the Courts to
be unconstitutional or invalid, such declaration shall not affect
the validity or the remainder of this ordinance.
EFFECTIVE DATE
A certified copy of this Ordinance shall be filed in the office
of the Secretary of State by the Clerk of the County Council
within ten (10) days after enactment and this Ordinance will take
effect upon receipt of official acknowledgement form that office
that said Ordinance has been filed.
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