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COASTAL Z0i,-,',R INFORMATION CENTER WETLAND C-ONSERVATION AND PROTECTION STRATEGY CITY OF JACKSO NVILLE 1984 THE HONORABLE JAKE M. GODBOLD W.'RAY NEWTON MAYOR DIRECTOR OF PLANNING ACKNOWLEDGEMEKIS Financial assistance was provided by the Florida Department of Environmental Regula- tions and by the Coastal Zone Management Act of 1972, as amended. administered by the Office of Coaltal zone Management/National Oceanic Atmospheric Administration. ..WETLAND CONSERVATION AND PROTECTI ON STRATEGY C4 CITY OF JACKSONVILLE 1%4 '4@k,S4 N 14 THE HONORABLE JAKE M. GODBOLD W. RAY NEWTON MAYOR DIRECTOR OF PLANNING ACKNOWLEDGMENTS Financial assistance was provided by the Florida Department of Environmental Regula- tions and by the Coastal Zone Management Act of 1972. as amended, administered by the Office of Coastal Zone Management/National Oceanic Atmospheric Administration. MEMBERS OF CITY COUNCIL The Honorable William E. Carter, President The Honorable E. Denise Lee The Honorable Audrey M. Daniel The Honorable Anthony Warren Jones The Honorable Forest Boone The Honorable Donald G. Gaffney The Honorable Ed Holtsinger The Honorable Joe Forshee The Honorable Bod N. Schellenberg The Honorable Sylvia Nedd Thibault The Honorable Gifford Grange The Honorable Clarence Suggs The Honorable Jim Atkins The Honorable Jim Atkins The Honorable Bill Basford The Honorable Jim Wells The Honorable Terry Wood The Honorable Eric Smith MEMBERS OF PLANNING COMMISSION Paul M. Harden, Chairman Charles S. Mussallem, III, Vice Chairman Richard L. Wilson, II, Secretary Bill Cox, Jr. George A. Barnes Jim Genwright Robert S. Caruso Wayland T. Coppedge, III Richard R. Dostie ii CITIZENS WETLAN:D ADVISORY COMMITTEE Mr. NP41 Aikenhead Mr. Gerald Altm7n Mr. Don C. Bayly Mr. Tom Wi liams Mr. Joseph E. Dunbar Mr. Je'rry Krummrich Mr. Horace Black Mr. D. M. Leininger Mr. Alexander Brest Mr. Hal Summer Mr. Jack F. Milne Mr. Eugene Hayes Mr. Paul Hampson The Honorable Joe Forshee Mr. Phillip Thibo'deau Dr. Carol Demort Mr. H. R. James Mr. Lawrence B. Gilmore, Sr. -Dr. H. D.-Tomlinson Ms. Peggy Powell' Mr. Chuck Flowe Dr. Quinton White Mr. Jeremy Tyler Ms. Sarah-Bailey Ms. Jean Creech Mr. John Lowe Mr. Joe Haluskey Mr. Lee Pelej The Honorable Charles Bennett Mr. P..-M. Stark Mr. Leo Mon troy Mr. Robert Garren Mr. John Bossart Mr. Gerald Dake Mr. Tom Barry Mr. Larry Gerry Ms. Lynn Stein Mr. Richard Smith Mr. Warren Leve Mr. Charles 'B. James M s .Bobbie Zeman Ms. Nancy Kirts Mr. George Taylor Mr. Frank L. H-earhe Ms. Betsy Wood Mr. Harvey Martin Mr. Alan Hartenstein TABLE OF CONTENTS Page N o I. Introduction .................................... 3 II. Description of Freshwater Wetlands ............. 13 A.. Biological Description by Type .............. 13 B. Hydrologic Regimes ......................... 24 C. Functions of Freshwater Wetlands ........... 25 D. Existing Land Uses in Wetlands ............. 26 III. Existing Regulations and Protection Efforts .... 31 A. Federal Regulations and Protection Efforts. 32 B. Other Federal Agencies that Regulate Wetlands .......................... 38 C Florida Law Regarding Wetland Authority .... 41 D. Jacksonville City Ordinances Related to Wetland Protection .............. 52 E. Ordinances from Other Cities ............... 54 F. St. Johns River Water Management District.. 61 IV. Identifying Major Problems and Issues in Local Wetland Protection ..................... 67 A. Local Acceptance ........ .................. 67 B . Responsibility for Wetlands . . . . . . . . . . . . . . . .68 C. Preserving Natural Drainage Ways ........... 69 D. Designing an Easily Implementable System... 69 iv V. Goals and Objectives for the Study As Defined in the 2005 Comprehensive Plan ....... 73 A. Conservation and Coastal Zc,-ic Protection Element .......................... 73 B. Land Use Element ............................ 76 C. Recreation and Open Space Element ........... 77 D. Sensitive Natural Areas ..................... 77 E. Stormwater Management Sub-Element ........... 79 VI. Alternative Criteria and Standards for Wetland Management .......................... 83 A.* Introduction ................................ 83 B. Development Criteria and Standards .......... 84 C. Selected Activities and Their Impacts on Wetlands ......................... 85 VII. Recommended Best Management Practices by Type of.Wetland .............................. 107 A. Freshwater Marsh (Shallow and.Deep Water)...107 B. Mixed Hardwood Swamp ......................... 114 C. Cypress Swamps/Domes and Ponds .............. 124 D. Bayheads and Bogs ............................ 136 E. Hydr-;(fk Hammock/Swamp Hammock ............. c.151 F. Wet Prairies ................................ 156 VIII. Wetland Protection Alternatives ................. 175 A. Wetland Protection Ordinance - Incljding Floodplains and Select Wetlands ............. 177 B. Wetland Protection Ordinance Addressing Water Resource Protection ........ 217 v C.. Recommended Alterations to Existing Regulations ......................... 245 IX. Guildlines and Policies for Implementation ...... 279 A. Un-derstanding Ne-w Policies .................. 279 B. Other Implementation Measures: Revisions to the Conservation Element of the 2005 Plan .................... 280 X. Bibliography ..................................... 285 vi LIST OF MAPS MAP PAGE NO. NO. 1 Selected Coastal (Tidal) Marshes .............. 7 2 Selected Freshwater Marshes .................... 9 vii I I I I I I I I I I I I I I I I I INTRODUCTION 1 1 I I I I t 17- 2 I - .t- I I I I I i . I I I i I I 1 2 I I INTRODUCTION Th is wet 1 and protection study has been designed with the idea of implementing the major recommend ati ons of the 2005 Comprehensive Plan for Jacksonville regarding wetland protection and 1 and use practices related to wetlands. The or i g i n a 1 scope of the study suggests the use of a wetland conservation district as the tool to be used for I o c a 1 protection design. After working with the study guidelines, researching background information, dealing w ith other municipalities and testing the local political climate, it was determined that limiting wetland protection t o conservation zoning was, in effect, I i m i t i n g t h e protection effort in Jacksonville to a very narrow scope. here are numero6s alternatives for wetland protection that may well provide the protection needed in this area. Using and combinin g different alternatives for protection, rather than narrowing oe limi ti ng a l tern &t i v e s to on e t o o 1 for protection,_provides for a more flexible plan. The approach taken in this study, is an eclec-tic o n e . T h e idea being to u s e t h e b e s t av a i 1 a b 1 e t o o 1 s a n d techniques'in d e s i g n i n g a protection s tr ategy, thereby m a k i n g av ai I ab I e a 1 t e r n a t i v e s r e g a r d i n g p r o t e c t i o n techniques. 3 The object is to protect local wet lands first and foremost. This study will provide *several available alternatives using the basic recommendations the 2005 Comprehensive Plan to achieve this goal. DESCRIPTION OF- FRESHWATER WETLANDS SELECTED COASTAL (TIDAL) MARSHES w .... Ag 91 .... ....... k- M& xio Source: Land Cover and Selected Characteristics, 1975; JACKSONVILLE AREA PLANNING BOARD; St. Johns River Water Management District; Center for Wetlands, University of Florida SELECTED FRESHWATER MARSHES SWAMPS A. L .. . .... .......... .. ... Wd A 4U, -41w IV X-1 g Ab #to QQ) Source-. Land Cover and Selected Charactoristics,1975; JACKSONVILLE AREA PLANNING BOARD. St. Johns River Water Management District; Center for Wetland's, University of Florida I I I I I II I I I I I I I - I I DESCRIPTION OF I FRESHWATER @.WETLANDS t 1 11 I I I i t t I I I I I I I I .1 I I I I 12 I I DESCRIPTION OF FRESHWATER WETLANDS' T h e d i s c u s s i o n o n freshwater. wetlands in the Jacksonville area focuses on a number of 1 ocally dominant wetland ty .p e s . The 2005 P Ian focuses on these lodally dominant natural systems: hydric hammock/swamp hammock, mixed hardwood swamp, r iverine cypress/ cypress domes and ponds , bayhead and bogs, wet prairies and fresh water m a r s h e s T.h e s e wetland types are the focus of the biological description of wetlands that follows. Hydric HammocksiSwamp Hammock Ar e a s d om i n a t ed by broad- 1 eaved (mi xed deci d'uous and evergreen) trees growing on soils that are poorly drained, b u t n o t s u b j e c t- t o s e a s o n a 1 o r p e r i o d i c f 1 o o d i n g , ar e considered hydric or low hammocks. Such hammocks are generally r e s t r i c t e d t o areas between the ri ver swamp and the edge of the flatwoods. Hydric hammocks often occupy soil's that are nearly saturated with moisture due to seepage of groundwater from higher areas . Topography is I ow and nearly level. These hammocks are not flo 'oded for as'long a period of time as are associated mixed hardwood swamps. The mixed hardwood swamp community is f,ound within depressional areas of the hydric hammock. 13 Cabbage palm hammocks are inclLAd 'ed i n this category because of hydroperiod and soil s i m i 1 a r i t i e s T h i s community occurs on nearly level land@ * Water movement is very gradual to and-through the na.tura'i drainageways, swamps, ponds and marshes associated with' thi.s community. Durin.g the rainy season, usually June through September, the wat.er table is on or near the soil surface. The natural vegetation of cabbage palm hammocks is typically scattered pine and cabbage palm with an understory of palmetto and grasses. Numerous soil types occur within hydric hammocks.- The soils are most often nearly level, poorly to somewhat poorly drained and coarse textured to fine textured in-the subsoil. Some parts of the subsoil are calcareous or neutral to moderately alkaline. The surface and subsurface layers are coarse textured. The soi 1 is rich in organic matter a n d consequently has greater water-holding capacity than the soil of the xeric hammocks. Soils recei ve, in addition to direct rainfall, seepage and runoff from higher areas and have a very high water table. Th i s community supports a luxuriant growth o-f ,-vegetation with a diversity of species. Although supporti ng pl ants that are f ound in both drier and wetter sites, this communi ty has def i ni te f 1 ora characteri sti cs . -S I i g h t differences in plant composition occur depending upon water relationships. The slightly wetter- sites contain a higher percentage of grasses and herbaceoLts plants. Although these differences are recognized, they are not significant enough t o d e I i n e a t e as separate communities. Plants that characterize this community are: T r e e s Cabbage palm, Sabal palmetto; Popash, Fraxinus caroliniana; Tulip-pop lar, Liriodendron tul.ipifera; L a u r e I oak , Quercus I a u r 1 f o I i a ; LI. ve oak . -@_j_JT5us K.LLI-Iniana; Red bay Persea borboni.a; Red cedar, liciola; Red maple, Acer rubrum; Sweetbay, J u n i p e r u s s i M a g n 61 -1 -a _v_i_r_q_i TnTa n -a; S w e e t g u m , L i q u i d a m b a r s t y r a c i f 1 u a Water oak , Quercus nigra; Southern Magnolia, Magnolia grandiflora; Slash pine, Pinus- ell ioti i ; Blue beech, @Carpinus caroliniana. 14 Mixed Hardwood Swamp Extensive ar of this community type are located in the southeast secto,. _7 the countv. Many are subject to current developmental pressure. The mixed hardwood swamp community borders rivers and basins that are either submerged or saturated part of the year. It is dominated by deciduous hardwood trees and is found in strands along many drainage*ays and water- courses and areas influenced by seasonal flooding. The river swamp is subject to periodic fluctuations in water level as a result of seasonal rainfall patterns. Although these mixed hardwood swamps are characterized by a preponderance of deciduous tree species, they are generally not dominated by any one species. Such hardwood swamps are variabl,e, with species types dependent upon the size- of the waterway, its flow rate, water quality and silt-turbidity characteristics. Periodic flooding is essential to maintain this ecosystem and is the dominant factor for providing needed nutrients. If the system is drained or flooded for an extended- length of time,. a new community will re s u I t . W a t e r 1 e v e 1 fluctuation of the system within normal* yearly extremes is about 2.5 ft., but can be as much as 5.0 ft. Hardwood swamp areas are of great value for maintaining good water quality and quantity and for wildlife and wilderne'ss values. Wat er qual i ty i s enhanced through the ac t i on s of sediment a t i o n a n d uptake of nutrients b y vegetation. D ur i n g f 1 ood t i mes , when waters reach thei r h i g h e s t elevations the swamp f ri nge of I akes and ri vers h e 1 p to reduce suspended nutrients and organic matter and slow water flows due to the friction of many trunks , stems and r o o t s . As wa te r s rec ed e to dry s e as on elevati ons , much nutri ents an d o rg an i c ma t ter are ef f ec t i ve I y " tr apped " behind the natural 1 ev ee between the swamp f ri nge and the open water. Water pl ays an i mp ortant part i n thi s communi ty. if the water cycl e i s mai ntai ned , the commu n i ty wi 1 1 tolerate disturban c e , b u t i f the water table i s I owered or peri odi c water is not available, the system will change. The community is highly endangered due to its sensitivity to changes in the water cyc I e . Practices such as improper c h a n n e I i z a t i o n , drainage and impoundment are especially damaging. Mi xed hardwood swamp f orests are nat u r al storage ar e a s f or f lood water . They slow the flow of water, improve water q u a I i ty and gradually feed water to the rivers. T h e s e ar e as al so assimi.1 ate i norgani c and organi c waste and reduce pollution levels. Oxygen diffusion is great in the swamp forest because of the large air-to-water surface area. The slow movement of the rivers and obstructions also help with the diffusion. Downstream systems, including estuaries, receive energy through detritus from this system. Soils associated with this community are nearly level, very poorly drained, dark colored and have coarse- to-medium textured surfaces underlain by finer textured material or are organic. The mixed hardwood system, unlike the bayhead, produces little or no peat. The transition from river swamp to hydric hammock is often broad and ill defined where the topographic changes are very gradual. Rather extensive areas intermediate between the two associations occur where the periodic flooding is of brief duration. Plants of the mixed hardwood swamp include: T r e e s Bald cypress, Taxodium distichum; swamp black gum, Gleditsia aquatica, w a t e r a s h F r a x i n u s carol i n i ana ; red maple , Acer rubrum; water hickory, Carya aquatica; cabbage palm, Sabal palmetto; sweet gum, Liquidambur styraciflua; Florida Elm, Ulmus F 1 o r i d a n a S h r u b s : Buttonbush, Cephalanthus occidentalis; willow, Salix caroliniana; bluestem palmetto, Sabal minor; waxmyrtle, Myrica cerifera. Vines: Mikania, Mikania scandens; pepper vine, Ampelopsis arborea; poison ivy, Toxicodendron radicans . Grasses and Grasslikes: Sawgrass, Cladium jamaicensis; marsh grass, Spartina bakeri. Herbaceous: Royal fern, Osmunda regalis; Cinnamon fern, 0. cinnamomea. The various species of hardwood vegetation provide good food and cover for these wildlife species. 16 Riverine Cypress/Cypress Domes/Ponds Cypre@,.,, communities found in Duval County_ a're found predominately in the northwest sector and along the St. Johns River. The ri veri ne cypress system occupies deep freshwater habitats which are semi permanently or regu I a r I y in und at ed It occurs a I ong s I oughs and drain ageways and often takes the form of a strand: a diffuse forested channel carrying g e n t I y flowing water. The community is dominated by bald cypress (Taxodium distichum). The largest cypress trees generally occu-py the zone mos t often flooded; the trees become progressively smaller toward the less frequently flooded up I and. This community may consist exclusively of the bald cypress,- with no ground cover , understory or associated s p e c i e s e x c e p t a n abundance of epiphytes. Cypress communities occur on a variety of -soil types. Vigorous bal d cypress growth occurs on deep muck or brown peat, clays or fine sands. Cypress Domes/Ponds@ This wetland type is found predominately in the western sector of the county. The cypress dome is a sti I 1-water wetland forest occurring in areas where water is present for much of the y e a r . This community general ly occurs in depressions in upland areas of little topographic relief such as the pine flatwoods. It seldom occurs in thef-loodplains. The dominant specie is pond cypress (Taxodium ascendens) with swamp b I a c k g u m ( N y s s a s yl vatTEa var . b_fT_1_o_ri_F_a7l -so of ten f o u n d . The largest cypress trees generally occupy the zone flooded most often. Trees become progressively smaller with distance from this zone . In shallower areas around the e d g e s , competition with other species occurs, the likelihood of fire is greater and there are a 1 a r 9 e n u m b e r o f see dlings. Smaller cypress ponds tend to be more regular in shape; I arger ponds tend to be asymmetrical and may occur in strands. This community is poorly drained and water is at or above gr ound level a good portion of the year. Cypress domes provide water storage areas by holding excess water and slowly releasing it into the water table. Water qual ity 17 ,is enhanced by the community, which functions as a waste treatment plan by absorbing nutrients from the water F i r e S a s tress factor, primarily on the drier portions, but ,A-_4.-%r -is imoortan@- in all areas. Water enters the cypress d u,-a e d i r er tly from rainfall or runoff. The water I e v e h i g h e s t in summer and peak productivity occurs i n earl y S p r i n g . Standing' water will res u 1 t in slow tree growth especi al ly if it occurs during the growing season. N a t u r a 1 regener at i o n of cypress requires f I uctuati on of the water. Flooding during the dry season will prevent the cypress t r e e s f r o m reproducing. Water must be avai 1 ab I e to germinate t h e s-e e d s b e c a u s e i t p r o v i d e s n a t u r a 1 s t r a t i f i c a t i on . However, when the seedling starts to grow, its top must be maintained above water. Both drastic c h an g e s i n t he water I evel and a stabi 1 i zed water level may change the plant community. If the water level is lowered, the cypress-gum swamp can succeed to bay forest. Soils commonly associated with this community are nearly level or depressional, poorly drained and have loamy subsoils and sandy surfaces. Taxodium ascendens is found in acidic soils. Plants that characterize thi@ community are: Trees Pond cypress, Taxodium ascendens; Swamp black gum, Nyssa sylvatica var. flora. Shrubs: Common buttonbush, Cephalanthus occidentalis; Southern wax myrtle, Myrica cerifera. Vines: Laurel greenbrier, Smilax laurifolia.. Grasses and Grassl ikes: Maidencane, Panicum hemitomon; Sawgrass, Cladium jamaicense. H e r b a c e u u s Cinnamon fern, Osmunda cinnamoinea; - - - - - - - - - - ri-I i - rl -o _; e-r-i _n g i x i a , N- emastylis f 1 o r-i d a n a ; P i c k e r e 1 w e e d , Pontederia cordata; Royal fern, .0smunda regalis; Spanish_@@_,_Tillandsia usneoides; Stiff-leafed wild p i n e , Tillandsia-utriculata; Sphagnum moss, Sphagnum S p p - This community is very important fo'r 'wildlife refuge areas . It is well suited for waterfowl and wading birds a n d a q u a ti c animals may be found in 1 a r g e n u m b e r s . T h e permanent residents of cypress domes are re-latively few, but much of the wildlife of the flatwoods is dependent on these ponds for breeding purposes. 18 Bayheads and Bogs The term "bayhead" designates an association dominated by broad-leaved evergreen trees that grow in very acid saturated soils that are subject to period flooding. Bayheads characteristically occur in depressions in the flatwoods or. as marginal growths about flatwoods ponds that are not subject to excess ive variations in water level. This community occurs on nearly level to gently sloping land or hillsides or in depressed areas. The.-shrubs have many stems and thick foliage and often appear impenetrable. It is common to find this type associated with swamps bordering stneams. They are peat-forming communities. Bayheads are usually maintained by seepage from higher land. Drainage of the bog or immediate upslope will strongly modify or destroy these environments. Seepage water keeps them almost constantly wet and they protect adjoining swamps from fire during dry periods. They act as small reservoirs by receiving seepage water and metering it out in a small but steady s u p p 1 y . Where a wide fluctuation of water level occurs, fire becomes a limiting factor by kil'I ing the bayhead type of vegetation during periods of low w a t e r . It is suspected that only small amounts of water are evaported or transpi r e d from this community relative to other wetlands. During dry periods, lightning may start fires that will-consume peat to the depth of the water t a b I e . Soils commonly associated with this community are nearly level to gently sloping, a c i d , somewhat poorly to very poorly drained. Three variants of bog occur in northezst Florida: the herb bog, the shrub bog and th-e bog swamp. For the purpose of this mapping program, the v-ariant bog swamp is considered to be equivalent to the bayhead. B o g s a r e s o named because of their characterictic of developi;"Ig pe-at and organic soils. From lowland and upland, they occur in t h e sequence: bog swamp, shrub bog, herb bog. The herb bog, of t e n c a 1 1 e d p i t c h e r p I a n t b o g , i s c h a r a c t e r i z e d b y g r a s s e s s e d g e s f 1 o w e r i-n.9 a n d insect-eating pl ants . Trees are e i t h e r s p a r s e o r a b.-s-le n t Water frequent I y s t a n d s at the surface or gushes from'@the matted surface upon pressure. The high water table and 19 frequent- fire prevent succession to shrub bog. Dry periods occur every 3-8 years. It is.during such drought periods t h a t t h e s u r f a c P b e c o m e s q u i t e arid, meager peat accumulat oxiaize and fire rnay occur. The shrub bog i s characterized by dense masses of evergreen shrub vegetation, seldom exceeding, 25 feet in h e i g h t . Shrubs i n c I u d e : titi (Cyrilla spp.), black titi (Cliftonia monophylla), rusty bl ack haw ( Lyoni a f errug i n ea ) , 't. f e t t e r bush ( Lyoni a lucida), large gallberry (Ilex coriacea), cinnamon clethra (Clethra alnifolia, Clethra s p p . ) , I d o g h o b b I e ( L e u c o t h o e s p p . ) red choke berry (Aronia arbutifolia), along with assorted blueberries, azaleas and sometimes saw pal me t to ( Serenoa repens ) . Some shrub bogs may have little diversity and be dominated by a single species, most frequently Black titi. The soil is nearly always moist, with the water table at or near the surf ace . Soil moisture during non-storm periods is provided by groundwater seepage, usually from higher areas. During very dry periods, lightning may start fires which will consume peat to the depth of the water table. Willow heads occur sporadically along drainageways with perio.dically rapidly flowing water. In D-uval Co-unty, manmade drainage canals and ditches are frequently lined with almost pure stands of Common willow (Salix ni _ar a) Willow heads are often found bordering hydric hammocks and bayheads in disturbed areas-throughout the county. Wet Prairie I n 0 u v a 1 County, an extensiv e area of this communit@ type is located just south of Mill Cove. T I[-. ewet prairie, sometimes called freshwater meadow, appears as an open expanse of gra-sses , sedges, rushes and h e r b s i n varying proportions and may also contain scattered shrubs and small t r ees . The general appearance of the p r a i r i e i s that of an overgrown -field. The wet prairie occurs in areas of low topographi@- relief and receives water f rom rainfall and from runof 'f trom higher, nearby areas. I t i s r e g u I a r I y f 1 o od ed by f r e s h w a t e r f r om 0 . 5 t o 2 f e e t a n d remains wet to moist throughout much of the year. Soils are commonly mineral and organic alluvial and a,'r e nearly level and poorly drained with coarse-textured surf aces underlain by clay or sand. There is often a thick 20 organic layer that has high water-holding capacity. The soil helps slow down water flows and, thereby, increases water quantity and improves water quality. Fire and artificial water level fluctuations are the major factors affecting these areas. Variations in the natural sequence of either event will change the slough's diversity and productivity. With the exclusion of fire or permanent water level reduction, the plant succession will be to a wooded community. Grasses are the most common plants found in sloughs. Sedges and rushes also occur with scattered shrubs in some locations. Plants that characterize this community are: Shrubs: St. John's wort , Hypericum fasciculatum; Primrose willow, Ludwigia spp.; Elderberry, Sambucus simpsohii. Grasses and Grasslikes: Blue maidencane, Amphicarpum muhlenbergianum; Bluejoint panicum, Panicum tenerum; Forked panicum, Panicum dichotomum; Low panicum, Panicum , spp.; Sand cordgrass, Spartina bakeri; Beak rushes, Rhynchnospora; Softrush, Juncus effusus; Sloughgrass, Scleria spp.; spike rush (Eleocharis cellulosa); sedge (Cyperus spp.). Herbaceous: Pickerelweek, Pontederia cordata; Sundew, Drosera spp.; Marsh pink, Sabatia spp. ; Meadowbeauty, Rhexia spp.; Milkwort, Polygala spp.; yellow-eyed grass, Xyris spp.; spiderlily (Hymenocallis spp.); swamplily (Crinum americanum). This community is productive in regards to food for bobwhite quail, deer and wading birds. Its low growing vegetative growth provides poor cover for most wildlife species, but this is often offset by the "edge effect" of this community when it is located with flatwoods and hammocks. Freshwater Marsh The freshwater marsh is a herbaceous community, adapted to prolonged periods of flooding. Many freshwater marshes are dominated by one or several species. The freshwater marsh is usually considered the union of two subcategories of marshes: the shallow marsh and the deep marsh. 21 Deep marshes are wetlands that are usually dominated by free-floating or rooted aquatic herbs and are usually permanently flooded by fresh water and are found along rivers, lakes and water courses. The deep marshes and ponds serve as a filter system for rivers and lakes . This protects the rivers and lakes from eutrophication and provides the marsh with nutrients that are used in the vegetative growth. Marshes will retain water during drought and large marshes also help slow down water flows at flood times. Soils commonly associated with this community are nearly level and very poorly drained with coarse-textured or organic surfaces underlain by clay or sand. The soil is covered with 3-6 feet of water during the growing season. No. Sphagum is present. Instead, substratum is soft muck, rich in decaying organic matter mixed with mineral soil and often silty from inland (river) deposits. Plants characterizing this community include: Grasses and Grasslikes: Cutgrass, Laersia hexandra; Watergrass, Echinochloa sp.; Maidencane, Panicum , hemitomon; Cattail, Typha sp.; Bulrushes, Scirpus sp.; Rush, Juncus sp. Rooted Aquatic Herbs: Tape grass, Vallisneria americana; Waterlilies, Nymphaea odorata; Golden Club, 0rontium aquaticum; Spatterdock, Nuphar luteum; Coontail, Caraophyllum demersum; Hydrilla, Hydrilla verticullata; Water milfoil, Myriophyllum sp. Free-Floating Herbs: Water hyacinth, Eichhornia crassipes; water-lettuce, Pistia stratioides; Frog's-bit, Limnobium spongia; Duckweeds, leema sp. and Deep marshes and ponds provide excel lent habitats for many wildlife species. Numerous birds and waterfowl use this community for wintering or year-round. Shallow Marsh The shallow freshwater marsh is a herbaceous community adapted to prolonged periods of flooding. Many shallow marshes are dominated by one or several species . The shallow marsh appears as an open expanse of grasses , sedges 22 and rushes and other herbaceous plants in an area where the soil is usually saturated or covered with surface water for two or more months during the year. The freshwater ma-rshes serve as fi-It-er systems for ri vers and 1 akes . Th i s protects the ri v e r s and lakes from eutrophi cation and provi des the marsh with nutrients that are used in the vegetative growth. Marshes will r e t a i n water during drought. Large marshes also help slow down water flows at flood times. F i r e a n d w a t e r I e v e I fluctuation are the major factors affecting. these wetland areas . Variations in the water patterns in a marsh will change the plant diversity and productivity. Marsh systems will eventually move to a woody community with exclusion of fire or permanent and lower water level changes. Soils commonly associated with this community are nearly level and very poorly drained with coarse-textured or organic surfaces underlain by clay or-sand. The soil is usually saturated during the growing season and is often covered with six inches or more of water. No Sphagnum is present. Substratum is soft muck, rich in decaying organic matter mixed with mineral soil and often silty from inland (river) deposits. 23 Hydrologic Regimes Drai nage X Most of the @.ounty is drained by the St. Johns River, which flows north through the county then turns east near Trout River and flows 23 miles to the Atlantic Ocean . The six major tributaries of the St. Johns River withih Du v a 1 County are from south to north: Julington Creek, Ortega River, Arlington River, Trout River, Broward River and Dunn Creek . All of these tributaries are black water streams due to extensive swamp drainage. Drainage is controlled prim arily by the orientation of the ancient marine terraces. These terraces run at angles to an old beach ri dge that i s p a r a 1 1 e 1 to the anci ent shorel i ne and forms the eastern boundary of each terrace (Fairchild, 1972). The extreme northeastern and northwestern sections of the county are very f I at wi th 0-2 percent s 1 ope . They contain large areas of freshwater and tidal wetl ands. Drainage is very slow and drainage divides are di f f i cu 1 t to d e f i n e . The swamps of the extreme northwestern section are drained by Deep Creek and Brandy Branch wh i ch 'are part of the S t . M a r y s R i v e r basi n . Most swamps in@the southwestern section are drai ned by the Yel I ow Water C reek sys tem wh i ch i s part of the B I a c k Creek drainage. Black Creek flows into the St. Johns R iver. Theextreme northern part of the county drains i n t o the Nassau River. This area contains extensive tidal marshes. Soil Types 'The soi I types characteristic of freshwater. wetland communities are very poorly drained wi th sl i ghtly acid to very acid pH. Four major soil types have been identified and described for the freshwater hardwood and cypress swamps i n Duval County . The f ol I owi ng descri pti ons have been modified from the U.S.D.A. Soil Conservation Service, 1978 . " S o i 1 Survey of City of -lacksonvi 1 le, Duval County, F 1 o r i d a . 24 Maurepas Muck T h i s s o, s or g an c n o r g n and occurs.in drainageways and depressions in pine fl atwoods The slope i s 0 ' t o .1 percent. The water table is high (less than 10 inches) or the soil is flooded from- 6 to 12 months a year. This soil is associated with cypress swamps. Pamlico Muck Thi s soi 1 i s organic in origin and occurs on slopes that range f rom 0 to 2 percent . The surface is black, decomposed muck. The soil is typically covered with water f or more than 6 months a ye ar Th i s s o i 1 t y p e i s characteristic of bayheads and bogs. Sto.ckade Thi s soi I type consi sts of a fine sandy loam. The slopes range from 0 to 2 percent. The water table is typically less than 10 inches below the surface and the soil may be flooded for more than six months of the year. It i s associated with mixed hardwood swamps and hydric hammocks. Wesconnett This is an inorganic soil com-posed of fine sand. The water table ranges from 0 to 10 i nches . The soil may be f 1 ooded from 6 to 12 months during the- wetter years. S 1 o p e s range f rom 0 to 2 percent . This soil may be found i n cypress ponds, hardwood swamps and hydric hammocks. Functions of Freshwater Wetlands Freshwater wetlands are vital to the coastal watershed drainage system. They function as natural sites for stormwater retention and controlled release. The connected coastal water ecosystems have 'evolved in balance wi th th e existing freshwater wetlands. This balance involves regulation of the quality, volume and rate of flow of u p 1 an d ru no I f an d , roundwater di scharge. The maintainance of thi s balance is essential for the sports and commercial fisheries currently supported by the St. J o h n s an d N assau Ri vers estuaries. Al teration of f reshwat er wet 1 an d s wh i ch wou I d 25 e i t h e r increase or decrease freshwater input to the connected estuaries would be detrimental to large numbers of estuarine species. The freshwater wetlan,'.,@ in Duval County also serve as bird and wildlife breedi-hg anu Teeding areas. Osprey freque -ntly nest in tall cypress tre es. Migrating ducks and geese feed in the freshwater marshes. Many species, including Herons, W r e n s , Bitterns-, Rails, Bald Eagles, Limpkins, Red Shouldered Hawks and Egrets feed and nest in f reshwate'r wetlands. Bobcat, black bear and deer ar.e found within these habitats. The freshwater swamps and marshes within Duval County function as important wildlife refuges. Recharge to ground water aquifers is another important function of freshwater wetlands. In Duval County, the swamps at the head of the Yel 1 ow Water Creek basin are important recharge areas for the shallow aquifer. According t o t h e U . S . G . S . (Fairchild, 1972), there may be as much as 11 to 13 inches of recharge per year i rt these wetl ands . Thi s area i s very f 1 at and swampy and rainfal I stands for long periods of time. Although evapotranspiration is high, much of the standing water slowly seeps to the water table. Existing Land Uses.in Wetlands and Projected Rate of Development Development is on the upswing in the Jacksonville area Since there are large areas of wetlands scattered throughoui the county ( approximately 10% of Duval County is wetlands) , it is becoming more,apparent th 'at many of these wetlands are feeling'the pressure of development. Fores ted wetl ands make up a large portion of we-"-I ands in the Jacksonvi I le area . A major portion of these are 1 ocated i n the southeastern quadrant of the city. Thi s section of the city is experiencing a tremendous building boom and, therefore, substantial pressure is being placed on wetlands in this area. The City is attempting to Ciscourage the use of wetl ands , especi al ly i n areas of DER j ur i s d i c t i on , as p a r t o f th e bui I dabl e I ot area i n subdi vi si on desi gn . Thi s i s an attempt to avoid the loss o f t h e s e w e t 1 a n d s w h i 1 e d i scouragi ng activity in areas that for various reasons are less than suitable for development. 26 There is also a large amount of development pressure on wetl'ands adjacent., to major transportation routes. A n example of this pressure is a proposal for a shopping center in the f lood-pl ains of a major river adjacent to 1-295 , major apartment compl exe-s and planned un,it developments, adjacent to majorArainage systems, creeks and swamps-that are headwaters for local creeks. Development pressure along transportation corridors such as J. Turner Butler and Baymeadows Road have in the past and continue to put pressure on wetlands. There i s also a proposal for a new bridge crossing the i ntracoas tal marshes and linking the Mayport area with Mt. Pleasant Road . There have also been tenta.ti ve proposals for major road extensions through several sensitive wetland areas. Dev e 1 o pment al ong the i ntracoastal waterway i s putti ng a lot of stress and development pressure on the salt marshes in this area. This area is naturally scenic and the asthetics of the area and proximity to the coast are the major amenities that draw development to the area. De velopme nt pressure on wetlands along the Duval -St . Johns County line is presently becoming more apparent . T h e Julington Creek area, part of which has rec.ently been accepted as a CARL site, is an area of scenic wetlands and floodplains with areas - of habitat for endangered and threatened species, as well as rare plant I i f e . This area i s presently feeling the firsi pains-of intense development pressure. The southwestern quadrant of the city i s an area speckled with cypress domes,'swamp hammock and ot h e r w e t 1 a n d s . Th i s area has not experienced the major development pressure of other secti ons of the ci ty and i s projected to remain an area of low density development. In recent years, the only major pressure for development h a s occurred al ong major transportation: routes leading into the city from neighboring Clay County, an area experienc i n g very rapid growth. The nort-hwestern part of the city has, like the southwest quadrant, not been part of the development boom to d a t e . There has b e e n s o m e industrial expansion in this area, but nothing to the extent of other parts of the city. The northeastern quadrant of Jacksonville probably presents the most. challenging future problems i n regard to wetland protection. This area contains various freshwater 27 marshes and swamps ri veri ne cypres s strands and other assorted freshwateir wetlands as wel 1 as t h e 1 a r g e s t estuarine marsh s t i 1 1 i n pr i -c i n e condition on the east coast of Florida. The prob 1 ems wi 11 soon arise when the linkup to 1-295, State Road 9-A a-@@ the Dames Point Bridge complete the 1-295 loop -around Jacksonville. Th i s wi 11 allow easier access i nto th i s once rather isolated area. With this addition, growth in thi s secti on of the. ci ty i s expected to expand rapidly. This area has seen only isolated events of developmentin recent years and is projected for generally low density development in order to protect the expansive salt marshes located there. -The chal I en ge for the city wi 11 be to have protection efforts in place to avoid rapid uncontrolled development in thi s area that could cause irreparable damage to the estuary and associated wetlands. Development is rapidly encroaching on and responsible for the-loss of wetlands in several sections of the city - A compromise must be reached that will allow development to continue at a reasonable pl ace wh i 1 e preserv ing areas of selected wetlands and the functions t h e y perform. The intention is to inc-orpoeate these areas into development des i gn rather th an removing or damaging them to where they can no longer function. Th i s w i 1 1 be a challenge the city will meet by incorporating wetlands into land use des i gn , incorporating natural drai.nageways and f 1 ood pl ai ns into drailhage and stormwater management systems. The City should incorporate wetl ands where possible into the required retention system, limiting devel opment i n and adj acent to wetl ands to an acceptable level, as we 11 as trying to maintain many of these areas as open space. 28 EXISTING REGULATIONS AND PROTECTION EFFORTS 29 30 EXISTING REGULATIONS AND PROTECTION EFFORTS There are Federal., State a'nd City regulations* and agencies that exert varying amounts of control over the a c t i v i t i e s t h a t c a n b e conducted under particular circumstances in wetland areas. At the Federal level regulations and agencies, such as the Federal Clean Water Act and' the Army Corps of Engineers that exert some control-over wetland use. At the State level there is the Florida Environmental Land and Water Management Act and the Dep-artment of Environmental Regulation (DER) that regulate and protect wetlands to some extent. At the City level there are ordinances and City agencies, like the Flood P 1 a i n. r e g u I a t i o n s a n d t h. e Department of Public Works, that are part of the existing effort to protect surviving wetlands. There are other related and interrelated regulations and ordinances at all governmental levels that are making an effort t o p r o t e c t the wetlands and their valuable natural functions. S e v e r a I e x a m p les of regulations currently in place in o t h e r state.s and citi es, as well as other parts o f F I o r i d a , a r e i n c 1 u d e d i n t h is discussion of current regulations and 31 protection efforts. @aderal Regulation and-Protection Effort,- The following is a list of important federal policies in regard to wetlands regulations: The Rivers and Harbors Act of 1899 This Act prohibited the unauthorized obstruction or alteration of any navigable water of the United States. Section 10 of this Act prohibits the excavation of material from, or the deposition of material i nto , any navigable water of the United States with.out a permit or other authorization from the United States Army Corps of Engineers. The Act al so restricts the accompl i shment of any other work that would affect the location, course, capacity, or condition of maintaining safe wate-rways for travel and commerce. Under this Act, the Corps has limited its A uri sd iction to acti vi ty * affecting the navigable capaci ty of waterways, reviewing permit applications on the basis of impact upon navigation (Federal Register, July 19, 1977). The 1899 Act did not actual ly def i ne navigable waters a n d t h e- C o r p s w a s s a t i s f i e d w i t h a v e r y n a r r o w interpretation of navigable waters. However, case 1 aw became the primary means for determining whether activities in certain wa@er-s required authorization under the Act. The result was a collection of court decisions that defined navi gab I e watens to incl ude: (a) Waters that are navigable in f act where they are used or susceptible to be i ng us ed i n their ordinary condition as highways of commerce over which trade and travel are or may be-conducted. ( b ) W a t e r s t h a t were u. @ed i n th c past as a highway or part of a highway of- in t.erstate or foreign commerce. ( c ) Waters th a t c o u 1 d b e made suitabl e f or s u.c h u s e i n the future wi th reasonable improvements. @ These rul ings all served to increase the scope of the Corps I authority under the 1899 Act, but the Corps-has been satisfied with defining n avigabl e waters as those waters that were navigable in their interpretation. In the 1960's a n d 1970's the country witnessed an increased focus upon environmental issues. There was i n c r e a s e d pressure placed upon the Corps to broaden their scope to include more protection of the environment. T h e r e wer e many people who pressured the Corps to include wetlands 32 in their review of dredge and fill permits. In 1968 the corps published the f,ol lowing standard pursuant to its duties under the 1899 Act. "The decision as to whether a permit will be issued must rest on an 'evaluation of all relevant factors, including the effect of the p@oposed work ,,,n navigation, fish, wildlife, conservation, p u I I u t i o n , aestheti cs, ecology and the public int6rest". (33 C.F.R.). The Corps expanded its scope of revie@ for permitting and included other factors besides impact upon navigation. But still the Corps was only regulating water below the' h i g h water mark and construction in wetlands was still not regulated by the Corps. Freshwater Pollution Control Act I n 19 7 2 , Congress passed the Fresh Water Pollution Control Act (FWPCA). This Act prohibi ted the discharge of pollutants into navigable waters without a permit and Section 404 of this Act regulated the d i s.charge of dredge and fill material. Section 404 of the FWPCA establishes a permit program, which is administered by the Secretary of the Army acting through the Chief of Engineers, to regulate the d-ischarge of dredged material and those pollutants that - comprise fill material i nto the waters of the United States. Applications for Secti on 404 permits are evaluated by g u i d e I i n e s d e v e 1 o p e d b y, t h e A d m i nistrator of the Environmental P-rotection Agency ( EPA) i n conjuncti o n w i t h the Secretary of the Army. The Chief of Engineers can make a decision to issue a permit that is inconsistent with those guidelines if required for naviga,tion. Section 404(c) gives the Administrator, E P A , further authority, subject to certain procedures, to restrict or prohibit the discharge of any dredged or fill material that may cause an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas, wildlife, or recreational areas (Federal Register, July 19, 1977.), Th i s Act- defined "navigable waters" as all waters of the United States. The Corps , however, was unwi 1 1 i'n g to change its defini tion of "navigable waters" to enforce the 404 program and only changed its definition after being taken to court (N.R.D.C., V. -Cal laway) . To comply with the court's ord ,er,- the Corps redefined the term "navigah.le waters" to i n c I ude not only traditional navigable waters, @but a I so arti f i ci ally created channel s c o n n e c t e d to n a v i g a,ble waters, t r i b u t a r i e s to navi gable waters up to t h e i r headwaters, non-navi gab 1 e interstate wat-ers up to their he-a-'dwaters, intrastate waters up to their headwaters that are used for interstate commerce and wetlands adjacent 33 to such. waters. Wetlands were defined as areas that are inundated or saturated by surface water or groundwater at a @requency and Auration sufficient to support, and that under nor@mal ci rclum.stances do support',' a prevalence of vege tat 1 on t y p i c'a 1.1'y for 1 i f e i . saturated soil condit-wis. Wetlands that are -located --above the mean h i gh water mark , but are adjacent to interstate waters or their tribotaries are also subject to Section 404 regulatio-ns. Headwaters were- defined as the point on the stream above which the flow is normally less than 5 cubic feet per second. 1977 Clean Wat-er Act This Act.was the first federal act to address itself to wetlands. In this Act. dredge, f i 1 1 a n d d i s c h a r g e regulations i ncl u-dea wetlands that are adjacent to United States waters. The terms "wetlands" and " adjacent" were then defined separately. The term "wetlands" was defined as those areas that are inundated or saturated by surf acewater or groundwater at a frequency and duration to support and that under normal conditions do support , a prevalance or vegetati on typi cal ly adapted for 1 i f e in saturated soil c 0 n d i t i o n . The term "adjacent" was def ined as bordering, cont_inguous , or neighboring wetlands; wetlands separated from other waters of the United States by man-made' dikes or barriers, n.atural river berms, beach dunes and the like are adjacent wetl ands" . 1. To regulate fill and dredge under the 404 Program, the Corps implemented a revised permit system. They developed .two types of permits: -a general or nationwide permit and individual permits. Activities that fall under the general p e r m i t are "Permitted" and are not required to go through the application process. Activities authorized by general permits include: a. seismic operations; b . o u t f a 1 1 s t r u c t u r e s a n d associated intakes where the outfall has been permitted under Section 402; c . return water from upland dredqe disposal if state certification under Section 401 has been provided; d . d i s c h a r g e s associated with surf ace coal mining activities a u t h o r i z e d u n d e r the Surface Mining Control and Reclamation Act of 1977; e. discharges that do not exceed 5 cubic yards for a 34 complete project; and f. discharges undertaken or regulated in whole or part by another federal agenc.)- where the agency has determined that the discharge Oll not either individually or cumulatively have an adverse environmental effect and the Corps district office does not object (40 C.F.R.). For al 1 ot.her dredg-e and f il 1 operations individual permits are required. The standards used in the permit process were devel oped by both the EPA and the Corps. The twelve general policies for evaluating permit applications a r e a. public interest review; b. effects-on wetlands; C. fish and wildlife; d. water quality; e. historic, scenic and recreational values; f. effects on limits of the territorial seas; g. interference with adjacent properties or water resource projects; h. activities affecting coasta'l zones; i. activities in marine sanctuaries; j. other federal, state or local requirements; k. sdfety of impounding structures; and 1 f loodplains. In using the wetlands review, the Corps begins with the presumption that wetlands are vital areas that constitute a p r o d u c t i v e and valuable public resource, the unnecessary alteration of which should be . di scouraged as contrary to pub I i c i n terest. The Corps i denti f i es those wetlands considered to perform functions i mportant to publ ic interest as a . we @l an d s t h a t s e r v e important natural biological functions, i n c 1 u d i n g f o o d c h a i n production a n d 35 general h a b i tat and nesting, spawning, rearing and resting sites for aquatic or land species; b w e t 1 a n d s set aside for study of t h e a q u a t i c environment cs_ sanctuaries or refuoes. C. wetlands th'e -destruction or alteration of which would detrimentally affect natural d r a i n a g e characteristics, sedimentation patterns, Sal i ni ty distribution, flushing characteristics , current patterns, or oth,er environmental characteristics; d . wetlands that are significant in shielding other areas from wave action, erosion or storm damage; e . wetl an d s t h a t serve as val uabl e storage areas f or storm water and floodwaters; f . wetl ands that are prime natural recharge areas. Prime recharge areas are locations where surf ace- water and groundwater are directly interconnected; and wetla-nds that through natural- water filtration processes serve to purify water (Federal Regist_er, July 19, 1977). U n d e r t h e w e t 1 a n- d s review, the alteration or destruction of a wetland will be considered unnecessary if the benefits of the proposed projects do not outweigh the damage to the wetlands or if the proposed alteration i s not neces s ary to rea 1 i ze the al 1 edged benef its . This latter determination requires consideration of whether the proposed alternative is "primarily dependent" on being located in or in close proximity to the aquatic environment and whether feasible alternative sites are available. -The 1977 Act exempts the discharge of dredged or fill material in connection with certain minor activities from a 1 1 permit requirements provided that the discharge is not incidental to an activity intended to convert an area of navigable waters to a new use that involves impairment of flow or ci.rculation of waters The exemption cover- the discharge of the following dredged or fil-l mater,ial: a. from normal farming, silviculture a.nd ranching activities; b. for the maintenan'ce of currently serviceable structures; 36 c. for construction or maintenance of farm or-stock ponds or irrigation dit'chies or the maintenance of drainage ditches; d. for construc tion-of temporary sedimentation basins on a construction site that does not involve a discharge to navigable waters; e. for construction or maintenance of farm or forest roads or temporary roads for moving mining equip- ment; and f. resulting from any activity covered by an approved state water quality management plan (Federal Regis- ter, July 1977). Presidential Executive Order 11988, Floodplain Management This executive order on floodplain management requires federal agencies to consider the effects of any action it may take in -a f loodpl ai n and that their planning programs and budget request reflect considerations of flood hazards a n d f 1 o o dplain management. When an agency proposes acti vi ti es i n a f I o o d p 1 a i n , the agency should consider a I t e r n a t i ves to avoid adverse effects and incompatible development in the floodplains. De s i g n s s'hould limit or minimize potential harm to floodplains when there- i s no alternative site. A 1 1 n e w reques t s f o r au t h o ri zati on or f undi ng should indicate if a proposed site will be located in a floodplain. This executive order requires all protecti ve and floodproofing measures p o s s ible be used. I t a I s o r e q u i r e -s w h e r e p r a c t i c a b 1 e , the elevations of structures rather than the use of fill. P-resid.ential Executive Order 11990, Prot@_c-tion of Wetlands This. executive order on wetland protection requires federal agencies, when dealing with federally owned lands ' t o m i n i m i z e ' t h e d e s t r u c t i o n , 1 o s s a n d d e g r a d a t i o n o f wetlands. It requires each federal agency, to the extent p e r m i t t e d by I aw , to avoid undertaking or providing assistance to activiti es I ocated in wetl ands unless there i s no reasonable alternative. At this time, all measures 37 should be taken to minimize impacts on wetlands. All agencies requesting new authorization or new appropriations m u s t i n d i c a t e i f t h e p r o p.Qs @ _e.d activity will be located.in wetlands and if -the activity is in accord " w i t h t h i s e x e c u t i v e o r d e r T'h-g- f-i d e r a 1 government may appiy restrictions to fe6arally -!'eased land containing wetl ands, or withhold these areas from "leasing totall y . Agencie-s are required to consider factors relevant to a proposal's effect on the survival and quality of the wetlands. Other Federal Agencies That Regulate Wetlands Department of the In'terior, Bureau of Outdoor Recreation, Land and Water Conservation Fund' Funds are made avai I able on a matching basis (up to 50%) to aid state and local acquisition of recreation and open space areas. To qualify, a state must prepare a comprehensive outdoor recreation p 1. a n . T h e s t a t e establishes criteria for funding local projects; all 50 states participate in this program . Funds are allocated according to population. Fiscal 1977 appropriations were $17,516 mill ion. Forty percent of these monies funded federal a c q u i s i t i o n p r o j e c t s , t h e r e s t was al 1 ocated to state and local.governments. S t a t e s a n d I-ocalities h a v e u s u a 1 1 y u s e d the f unds to acqu i re park and other recreati on lands; however, funds have also been used to acquire wetlands, floodplains and other open areas. Fish and Wildlife Service Fede@al Aid to Wildlife Restoration Funds derived from federal taxes on the sale of firearms, shells and cartridges are apportioned to sta tes t o cover up to 7 5% of t h e c o s t o f projects for acquisition, restoration and maintenance of wildl ife areas and research into.problems of wildlife management. More than $800 million in tax revenues have been di sbursed under thi s program si nce 1937 , wi th mo re th an 7 5% spent on wildlife restoration. Revenues in 1975 totaled $63 million. By 1975 states had acquired more than 3.45 mill ion acres under this program. 38 Endangered Species Program T h is program ident i fies endangered species and their habitats and takes action to restore them a s v i a b 1 e componen ts of their ecosysl 'e m Part of the protection program may involve land acquisi t i o n t h r o u g h f u n d s appropri ated under, the Land and Water Conservation Act of 1965. Over $13 million in Land and Water Conservation Act funds were spent from 1969 to 1978 to acquire habitats beneficial to endangered species. Since the Endange-red Species Act was passed in 1973, the Fish and Wildlife Service has taken action to list, delist, or reclassify about 3,440 plant and animal species. Project funds and grants are available to state fish and wi Idlife agencies that have entered into a cooperative agreement concerning rare and endangered species with. the Secretary of the Interior. Grants pay up to two-thi rds of the costs to develop and impTement programs to protect rare and endangered species. Grants are also avail ab 1 e to purchase rare and endangered species' habitats. Army Corps'of Engineers/Section 404 Th e Army Co rps of E n g i n eers (COE) has tradi ti onal ly permitted and regulated dredge and fill a c t i v i t i e s i n navigable waters of the United States. Section 404 of the Federal Water Pollution Control Act amendments of 1972 extended the jurisdiction to not only include navigable waters , but arti f i cal ly cre ated ch an ne 1 s and tr i b u t ar i es connected to navigable waters. This amended act also included dredge and fil 1* operati ons i n wetl ands ad j ace n t to navigable waters. The COE was rel uct ant to take on thi s. responsi bi 1 i ty until they were forced to by court acti on ( NRDC v . C a I away , 392 F . S u p p . 8 5 D . D . C. 19 7 5 ) and had to redefine their jurisdiction in relation t-o wetlands. The Clean Water Act of 1977 retained Section 404 with certain amendments. At present, t h e r e is e v i d e n c e that Section 404 is targetted for dismantling or significant change under the present federal regulatory reform movement. The COE has adopte d revised regulations pertaining to Section 404. Presently, the COE is involved in a lawsuit by a Fl orida environmental group seeking to invalidate the July 3.9 22, 198.2 regulation changes. The U. S. Cong'r'ess is expected to consider several amendments to Section 404 in the near future. There are several proposed adninistrative changes to Section 404. The first propose@*' uiria,nge would be to the COE jurisdiction in dredge and fill permitting, no longer would adjacent wetlands be covered in Section 404. Basically, the definition woul d regress to what it was under the1899 Rivers and Harbors Act. The second change would be in the area of regulated activities. The Clean Water Act regulates the discharge of dredge and fill mater i a l . However, the determination of which sp.@ecific activities are regulated has been subject interpretation. The courts have been willing to approve a broad interpretation, while the COE has tried to maintain a narrower view. The-use of general permits has been expanded. Although the Corps districts have discretionary authority to require activities allowable by general permit to undergo the more strenuous individual permitting process, they have seldom done so. The third area of change would be in the permitting review process. The proposed reform of the 404 rule includes: acceleration of permit review- that would gi ve Corps staff less time to review permit applications; fun ding for resource agencie@ would be cut; revised memoranda of agreements (MOA) would curtain the interaction of agenci es a n dt h e i rability to evaluate and comment on permit decisions; publ ic interest review standards by the COE wou ld be revised to give greater weight to energy development and navigation; the use of permit conditions and mitigation requirements will be more strictly limited; and there would be more lenient treatment of individuals who have illegally begun work without permit. The out come of the pending lawsuit and how Congress acts on proposed changes will have to be clo sely monitored to see exactly what changes Section 404 will undergo. How Wetlands are Perceived. in Florida Law "A marsh or a swamp which is not physically connected 40 to a lake or stream by even occasional overflow is treated as surface water in spite of its permanence" (Maloney 1971 ) . I Therefore, it i s common to see wetlands characteri zed as " surf ace water"' i n the Fl ori d@, StatL!teS , wh i ch administers authority to the various agencies. I 't i s not until such agenci es mandate speci f i c acti ons t h a t t h e a c t u a I term of "wetl ands" i s used . Florida Law Regarding Wetland Authority The following are Florida laws and statutes regarding wetl and use , permi tti ng and state j uri sd i c t i o n . Below are selected excerpts f rom The Florida Environmental Land and Water Management Act of 1972 - Chapter 380: It is the intent thatl in order to protect natural resources and environment of this state as provi ded i n s. 7 'Art. II of the State Constitution, insure a water management system that wi 11 reverse the deter i o r a t i o n of water quality and provide optimum utilization of our limited water resources, facilitate orde r I y a n d wel I -@-pl anned development, and protect health, welfare, safety, and qual ity _of 1 ife of the res i dents of thi s state , it is necessary adequately to plan for and guide growth and development within this s t a t e . I n order to accomplish these purposes, it is necessary adequately to pl an for and guide growth and development within thi s state . # In order to accompl i sh these pu-rposes, it is necessary that the state estab 1 ish land and water management policies to guide and coordi nate local decisions relating to growth and development; that such state land and water management policies should, to the extent maximum possible, be implemented by local governments through existing processes for the guidance olf growth and development; and that a I I t h e e x i s t i n g ri ghts of private property be preserved in accord wi th the constitution of this state and of the United States. Areas of Critical State Concern Selected excerpts: 1 The state land planning agency may from time to time recommend to the Administration Commission s p e c i f i c a r e a s of critical state concern. In its recommendation, the agency shall include recommendations with respect t.o the 41 purchase f lands situated within the boundaries of the proposed aorea as environmentally endangered lands and outdoor recreation lands under the Land Conservation Act Of 1972 . The -9ency also shall i n c 1 u d e &-n y r e p o r t o r recc.-i,meridation of a resource planning and T39agement ccmmi-tree appointed pursuant to s . 380.045; the danjers that wou,ld result from uncontrolled or inadequate development of the area and the advantages that would be achieved from the d e v e 1 o pm e n t of the area i n a coordi n ated manner ; a detai 1 ed boundary description of the proposed area; s p e c i f i c princi.ples for, guiding development within the area; and an i n ventory of I ands owned by the state , f ederal , ' c o u n t y , a n d municipal governments within the proposed area. ( 2 ) A n area of critical state concern may be designated only for: (a) An area containing, or having a signi.ficant impact upon,'environmental o r n a t u r a I resources or regional o r statewide importance, including, but not limited to, state or federal parks, forests, wi l.dl i fe refuges , wi Iderness areas , aquatic preserves, major rivers and estuaries, state environmentally 6nd,angered lands, Outstanding Florida' Waters,, and aquifer recharge areas, the uncontrolled pri vate or public development of which would cause substantial deterioration of such resources. Specific criteria which shall be considered in designating an area under this paragraph include: 1. Whether the economic value of the area, as determiend by the type,. variety, distribution, re 1 a t i ve scarcity, and the condition of the environmental or natural resources within the area, of of substantial r e g i o n a 1 or statewide importance. 2 . Whether the ecological value of the area,as determi ned by the phys i cal and bi ol ogi cal compon e n t s of th e e n v i r o n m e n t a 1 system, i s of substantial r e g i o n a I or statewide importance. 3 . Whether the area is a designated cri tical habitat of any state or federally designated t h r e a t e n e d or endangered plant or animal species. 4. Whether the area is inherently susceptible to substantial development due to i t s geographic 1 o c a t i o n or natural aesthetics. 5. Whether any existing or planned substantial development within the area will directly, significantly, 42 and deleteriously affect any or all of the environmental or natura-1 resources of the area which are of regional o r statewide importance. Land Conservation Action of 1972, Chapter 25-9- Selected excerpts of "Powers and Duties of "Board"" Definition: "Board" me ans the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund. 1 For state capital projects for environmentally endangered lands: (a) The board is given the responsibility, authority, and power to develop and execute a comprehensive plan to conserve and protect environmentally endangered lands in this state. This plan shall be kept current through continual reevaluation and revision. Local Government Comprehen.ive Plan Act of 1975, Chapter 163 Selected excerpts from "Intent and Purpose": ( 1 This act shall be known and may be cited as the "Local Government Comprehensive Planning Act of 1975". ( 2 ) In conformity wi-th, and in furtherance of, the purpose of the Florida Environmental L a n d a n d W a t e r Management Act of 1972, Chapter-380, it is the purpose of this act to u t i I i ze a n d s t r e n g t h e n t h e exi s ti ng r o 1 e , p r o c e s s e s a n d p o w e r s o f I o c a I governments in the establishment and implementation of comprehensive planning programs to guide and control future development. (3) It is the intent of this act that its adoption is necessary so t h a t local governments can preserve and enh ance present advantages; encourage the most appropriate use of land, water, and resources consistent with the public i n t e r e s t ; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within their jurisdictions. Through the process of comprehensive planning, it. is intended that units of 1 ocal government can preserve, promote, protect, and improve the pub] ic heal th , safety, comfort, g o o d o r d e r , 43 a p p e a r Ia n c e c o n v e n e n c e 9 1 aw enforcement and fire prevent-ion, and general we,l fare; prevent overcrowding of land and dvoid undue concentration of population; facilitatia the adequate @nd eff ;cient provision of transportation, w a t e r , sewage, school s , p a r k s , recreational facilities, housing, and other requirements and services; and cons ervc-, d e v e 1 o p , u t i lize, and protect natural resources within their j u r i s d i c t i o n Required and Optional Elements of Comprehensive Plan ( 7 ) Such other elements as maybe peculiar to, and necessary for, the area concerned and as are added to the c o m p r e h e n s i v e p 1 a n by the governing body upon the recommendation of the local planning agency. (8) All elements of the comprehensive plan, whether mandatory or optional, shall be based upon data appropri.ate to the element involved. Plant Industry - Chapter 581. Selected exce'rpts Preservation of Flor'a in Florida: (1) PROHIBITIONS; PERMITS: ( a) With regard to any plant on the Endangered Plant L i s t p r o v i d e d i n s u b s e c t i o n ( 2 it is unlawful for any person: 1 To wi I lful ly injure or destroy any such plant growing on the private land of another without first obt aining the written permission of the-owner of the land or his legal representative. 2 . To willfully injure or destroy any such plant growi ng on any pub 1 i c 1 and or water without first obtai n 4 ng the written permission of the superintendent or 'custodi an of such land or water and a permit from the department as provided in this section. 4 . To w i 1 1 f!- I I y h a r v e s t , co 11 e ct , pick, or remove three or.more indivi@ual PI ants of -a-- Tj ven speci es I i s t ed o n the Endangered Plant Li st from any native habitat without f i r s t obtaining the written permission of the owner of t h e I a n d or h i s 1 e g a 1 representative or , in the case of public land or water, the written permission of the superintendent or custodian o f s u c h land or water, and a permit from the department as provided in this section. .44 Endangered Plant List: The following shall be included in the Endangered Plant L i st: (a) Asimina pygmaea (pin@ pawpaw) (b-) Asimina tetramera (four-petal pawpaw) (c) Asplenium auritum (auricled spleenwort)(fern) (d) Blechnum occidentale (sinkhole fern) (e) Campyloneurum ang stifolium (narrow swamp fern) M -Cassia keyensis (Key cassia) (g) Catesbaea parviflora (dune lily-thorn) h Catopsis sp. (bromeliad) (i) Cerelle gracilis. (prickly apple cactus) (j) Cereus robinii (tree cactus) (k) Chionanthus pygmaeus (fringe tree or granny-graybeard) (1) Clusia rosea (bal apple) (m), Coccothrinax argentata (silver palm) (n) Cucurbi-ta okeechobeensis (Okeechobee gourd) (o) Cupania 51abra (cupania) (p) Cyrt podium punctatum (cowhorn or cigar orchid) (q) Dennstaedtia bipinnata (cuplet fern) r Encycl i a- boothi ana (Epi dendrum boothianum) (dollar o rZTi-d-7 (s) Epigaea repens (trailing arbutus) (t) Guaiacum sanctum (lignum vitae) _(u) Guzmania sp. (bromeliad) (v) lonopsis utricularioides (delicate io-nopsis orchid) (w) Magnolia ashei (Ashe magnolia) (X) Magnolia pyramidata (pyramidal magnolia) (Y) Maxillaria crassiTo--lia (orchid) (z) Ophioglossum palmattum (hand fern) (aa) Parnassia grandifolia (grass-of-Parnassus) (bb) Polyrrhiza lindenii (ghost orchid) I (cc) Rhododendron -i-ustrinum (orange azalea) (dd) Rhododendron chapmanii (Chapman's rhododendron) (ee) Ribes echinellum (Miccosukee gooseberry) lkff) Roystonea elata (Florid-a royal palm) . g g Sarracenia leucophylla and Sarracenia rubra (pitcher pl an ts ) (hh) Scaevola pl_umieri (scaevola) (ii) mpfia martima (pride-of-big-pine) (jj) S-uriana maritima (bay cedar) (kk) Taxus floridana (Florida yew) 1 1 Ti 1 1 ands i a-f asciculata (wi Id pine bromelaid) included because of very high harvest rate) (mm) Torreya taxifolia (Florida torreya) (nn) Tournefortia @naphalodes (sea lavender) (00) TF1-17ium lancifolium (trillium) (pp) Zephyranthes simpsonii (zephyr lilly) 45 Environmental Control - Chapter 403 T h i s s e c t i c i-: of the chapter declares that "the pub 1 i c .4t policy of the state is to-conserve th.c. waters of the- state to protect, maintain and improve the quality thereof for public water supplies, for the propagation of wildlife, fish and other aquatic 1 i f e , and for domestic, agricultural , industrial, recreational and other beneficial uses. It also pro hibits the discharge of waste into Florida waters without treatment necessary to protect those benef-i-cial uses of the waters." The section of Chapter 403 deals with pollution control ; underground, surf ace , and coastal waters. 11 T he Department of Environmental Regulation and its agents shall have general co-ntrol and supervision over underground water , I akes , ri v ers , streams , canals , di tches and coastal waters under the jurisdiction of the state insofar as their pollution may affect the public health or impair the interest of the public or persons lawfu-lly using them." Florida Wat@r Resources Act of 1972, Chapter 373 Chapter 373 declares it to be the policy of the legi sl ature: (a) To provile for the management of water and related landG resources;. b To promote the conservation, deve I opment and prope-r utilization of surface groundwater; d To prevent damage f rom f loods, soi I erosion and excessive drainage; (e) To preserve natural resources, fish and wildlife; (f) Otherwise to promote the health, safety and general welfare of the people of this state. I t i s t h e intent of t h e Leg i s 1 ature to vest in the Department of Environmental R e g u I a t i o n or i t s s u c c e s s s o r agency the-power a n d responsibility to accomp 1 i s h the conservation, protection , management a n d c o n t r o I of t h e w a t e r s o f the state and with suf f i c i ent f lexibi I i ty and di screti on to accompl ish these end s - th rough delegation of 46 a p p r o p r i a t e powers to the various water management di stri cts Water Quality Assurance Act of 1983 Selected excerpts: This act authori zes a variety of activities all related to water qua] i t y . These in t u r n r e I a t e directly and indirectly to wetlands. Part I: Directs the DER to be the central depository for scientific -information and ground water research for the state. Part I I Di rects DER 'to establish a system of groundwater contamination monitoring statewide. Part I I I Di rects DER in coordination with the F I o r i da Department of Heal'th and Rehabil i t a t i v e S e r v i c e s (HRS) to establish programs to prevent and/or minimize the danger of contamination of potab I e water suppl i es . Part IV: Directs the five-state water management districts to inv-entory and develop a detailed work plan to plug these wells. Part V I Provides a program-for local hazardous waste management assessment, identifies smal 1 haz a r d o u s w a s t.e generators and administers a program for appropriate methods of disposal: d i r e c t s t h e d e s i g n a t i o n o f a I o c a 1 (county/regional) hazardous waste storage s i t e creates " amnesty days" , small hazardous waste generators can deposit waste at a designated site free of charge. establishes the governor and cabinet to decide disputes over hazardous waste siting issues. prohibits hazardous waste landfills in Florida. P a r t V I I I C r e a t e s new and more str i n g e n t regulations for septi c t a n k installation statewide. 47 Applicant must have 1/2 acre lots in order tohave septic tanks and wells on the same lot. Part IX: P r i das grants to help buil"d sewage treatment facilities- Part X: Expands the delegation of, powers from DER to the water management districts . Redefines and clarifies the review powers of the L a n d and Water Adjudicatory Commission. Part XI: Creates the Water Quality Assurance Trust Fund, intended to fund the act. I t al so empowers DER to estab lish rules to regulate above and below ground storage tanks. The Warren*S. Henderson Wetland Prot.ection Act-oT-1-984 This act makes certain changes in DER jurisdiction and other areas related to wetlands. The following are among the more significant changes: - when i ssuing dredge and fill permits, DE.R may consider the adverse affect the activity will h ave on t h e c o n s e r v a t i o n of fish an d w i I d I i f e , including endangered or threaten ed s p e c i e s or thei r habitats to such an extent as to be contrary to the public interest. - D E R j u r i s d i c t i o n i s b a s e d on dom i n-an t vegetation and- if reque s t e d b y t h e p e r m i t applicant, on USDA Soil Conservation Service determination of hydric soils. t h e expanded DER juri sdi cti -V'-' wi I I not apply to development -w:here 30% or more of lots in the s u b d i v is i o n are approved for sale, have been sold or a development o r d e r ex i s t s s ub s eq u e n t t o January 1, 1970. These developments will be s u b j e c tto DER regul a t i o n s that existed p r i o r to Jan u ary 24 , 1984 . s an d , I imestone, and I imerock mi ni ng are exempt f rom new regul ati ons , regul ati o n s e x i s t i n g p r i o r to Janu ary 2 4 , 1984, wi 11 be used f or a peri od of 10, years . a g r i c u I t u r a I a c t v i t e, s a r e u n d e r . t h e 48 jurisdiction of the Water Management Districts. a central wetlands monitori*ng system wi-11 be established, it will; determine general I o c a t i o n of wetlands, identify impacts to and 1---@sses o'f' wetlands due to permits issued, and mainta.in statistical records on permits. req-ui res the standardization of criteria for water quality in port areas. This rule applies to 12 port cities named, including Jacksonville. - i t m a k e s additions and deletions to the vegetati ve i ndex and ad d s a 1 a r g e number of new p I a n t s p e c i e s to the vegetati ve index that d e t e r m i n e s 0 E R j u r i s d i c t i o n a n d w e t I a n d boundaries. - creates a vegetative review committee who review the operation of the vegetative index. - e s t ab 1 i shes speci f i c boundari es in parts of the Everglades and designates this area as a water of the state. This also includes waters that are contiguous to the specificly stated boundaries. requires that DER consult the Department of Agri cu I ture and Con sumer Af f ai rs and the Ins t i t u t e of Food and Agri cultural Sciences (IFAS) of the University of Florida, as well as the-U. S. Soil Conservation Servic'e in developing a wetland indicator index using soils i n combination with vegetation. St. Johns River Water Management District Selected excerpts from Man-agement and Storage of Surface Wa@ter, Chapter 40C-4: Chapter 40C-4 requires permits for water control systems, i.e., dam, impoundment appurtenant work or works which -exceed certain thresholds establ ished by the district. A general or individual p e rm i t m u s t b e obtained p r i or to undertak i ng these acti vi t i es i f such acti vi ty: - i s c a p a b I e o f impounding a volume of water of 40 or more acre feet. 49 serves a project with a total land area equal to or exceeding 40 acres. dcP provides for the g' m.ent of 12 or more acres -T@ of impervious surface which cohsti tutes 40 or more percent of the total land area. - contains a traversing work which traverses: - a strea'm or other water course wi th a drainage area of 5 or more s q u a r e m i I es upstream from the traversing work. an impoundment of more than 10 acres of surface area. - contains a surf ace water management system which serves an area of f ive or more contiguous acres of hydrologically sensative areas which has a direct hydrologic connection to: a stream with a drainage area of five or more square miles. an impoundment with no outfall which is not wholly owned by the applicant and whi ch i s te n acres or greater is size. a hyd ro I og i c 'a 1, ly sensitive area not wholly owned by the applicant. Consideration is currently being given to modifying Chapter 40C-4. Department of Environmental @-egulation (DER) Jurisdicticn A 1 1 t h e preceeding Florida Statutes that administer wetl and authori ty al 1 have j uri sdi cti on in vari ous areas . The Department of Environmental Re(-ulati 'on (DER) is the agency that i s general ly deal t wi th most of ten. at t h e s t ate I e v e I i n re I a t i on to wetl and protecti on The reason being that DER has i nf 1 uen c e and juri sdicti on i n t h e a r e a s o f water@@.quali ty standards (Chapter 17.3) and, permits (Chapter 17-4 fo,@@construction pollution sources". . discharge of effluent, dredge and/or fill activities, etc.) 50 Water quality standards regulate the quality of effluent discharg 'ed into Florida surface waters and adjacent wetlands. This chapter.sets standards for what pol-lutants can be discharged into the different classes of surface water wi t h i n the s t a t e . This Chapter lists in detail which and how much poil utant- is allowed in each water body c 1 ass if i cat ion. Criteria for classifications are listed as we 11 a s, which particular surf ace water i s i n w h i c h cl as s i f i c a t i o n . This Chapter also lists th@e different classes of groundwater and their uses. Chapter 17-4 on permitting states that a permi t is required to discharge effluent into Florida surface waters. '"Any stationary installation which will reasonably be expected to be a source of pollution shall not be operated, maintained, constructed, expanded or modified without an appropriate and currently valid permit issued by DER." Chapter 17-3 sets water quality standards in the state, whi le Chapter 17- 4 out I i n es where and when perm i ts are r e q u i red bef ore any ef f I uen t can be di s ch arged or any activity can be commenced that could reasonably be assumed t o a f f e c t w a t e r q ual i iy . The permits outline what acti vi ti es are acceptable and how to purs ue th ese w i th out violating the required water quality in the area. Thi.s Chapter lists exemptions to permitting, how required permi ts are secured an d wh at act i vi t i es req u i re permi ts Both these Chapters help. control water quality in wetland areas, dredge and fi 11 in lakes, rivers and streams , bays, bayous , sounds, e s t u a r i e s and natural tri butari es .These Chapters use different classifications of water body types and uses, i n o r d e r to con 'Lrol the qual i ty ef f I uents discharged into and the uses of surface waters in Florida. The Wetl and Protection Act is the most comprehensive state legislation to date focused solely on the protection o f we t I a n d s . This legislation expands the vegetative index i n 17-4 FAC, thereby increasing DER Jurisdiction t o s o m e e x t e n t , a I I ow s D E R to cons i der the impacts acti vi ti es wi I I have on wil dlife and habitat, e x e m p t s s o m e m i n i n g i n d u s t r i e s , d e s i g n a t e s the water management districts to regulate a g r ic u 1 t u r e a c t i v i t i e s regarding t h i s 1 aw , a n d d e s i g n a t e s th e E vergl ades area as waters of the state. In general, this law expands DER jurisdiction in wetlands. 51 Jacksonville City 01rdinances R - fT- e ted to Wetland Protection There are bas icall ly two ordinances that could affect wetl and protection i n the Duval /Jacksonvi 11 e area. T h e f i r s t i s the City Ordinance requiring permitting for dredge and f i 1 1 operations within the City, a n d t h e s e c o n d ordi nance regul ates activities in the floodplains and the various floodplain zones. Th e . C i ty o f- Jacksonvi 11 e requi res al 1 persons (independent and publ ic agencies) desiring to pl ace f i 1 1 on submerged I ands or to do any dredging in connection with such filling operation to apply i n wri ti ng to the Ci ty of Jacksonville Publi-c Works Department. The Department of Public Works requires plans and drawings of the proposed construction, the volume of dredge and /or fill, location of mean highwater l.ine, use and zoning of the property in question and other i nf ormati on deemed necessary. The Public Works DepLartment wil 1 do an on-site investigation to verify the information. A pub I i c heari ng on the proposed activities is also required. The Ci ty Council must find that certain conditions are met before a permit is issued. The proposed extension or dredge and f i 1 1 i ng of lands may not be in violation of any statute, zoning law, ordinance 6r other restrictions. No harmful obstruction to or al 't.-eration of the natur.al flow of navigable waters that will ari se f r om t h e p r o p o@ s ed construction will be allowed. No harmful or increa,sed erosion, shoaling of channels or stagnant areas of water will be created. No material injury or momentary damage wi 11 be caused to adjo -i n i ng 1 and . The granting of the requested- permit-and subsequent construction must not interfere with conservation of fish, Mdrine and wi 1 d I i f e or o t h e r n a t u r a 1 resources to such an extent that i t wi I I , be contrary to the public interest. This activity may Y r1 o t r e s u I t i n des truct ion of oyster beds, cl am beds , or mari'ne producti vity, incl uding but not 1 imi ted to the dest ruct i on o f n a t u r a 1 marine habitats a n d g r a s s f I at F suitable as nursery or feeding grounds f or mar i ne I i f e . In general, t h i s proposed e x t e n s i o n , f i Iling or dredging will not otherwise be contrary to the public interest. Ti me I i mi ts f or permi ts are stated and recognition of the f act that the appl icati on wi I I be forwarded to the State 52 Department of Environmental Regulation and the U. S. Corps of Engineer's is made. The -permit is conditional upon the approval of the State of Florida Departmertt of Environimental Regulation. The ordinance states that- it is against the. law to undertake any construction, dredge and/or fill a'ctivities without valid permit from the City of Jacksonville or DER, or where required,.from both. There are some exemptions from permitting that are al I owed . Areas that are not designated by DER as areas of environmental si gnificance, in which work in the navigable waters of the City or offshore will not damage fishing, t h e tourist industry or result in irreplaceable loss of natural resources. Other exemptions include cases where projects will not exceed four thousand cubic yards of material placed or removed from navigable State waters. T h i s i s a 1 e s s strenuous appl ication process. Short-form application r e q u i r i n g I e s s i n f o r m a t i o n i s u s e d u n d e r t h e s e @ircumstances. F lo od p 1 a i n regulations are the other area where City regulations protect wetland areas. -The City floodplain r e g u 1 a t i o n s (Chapter 601) regulate the activities that can take place in certain floodplain zones as designated by t h e F e d e r a 1 Insurance Administration a n d t h e F o o d H a z a r d Boundary Maps. The City adopted the Federal Flood maps as their official maps and list in the ordinance what is allowed in each particular zone, as well as the height of the floor level required in particular flood hazard zones. The general floodplain district is delineated as flood hazard areas on the Federal Flood Insurance Rate Maps (FI RM) having zone symbols A, Al through A10, AD and V1 through V9. These zones are shown in detai 1 on the FIRMs and allowed uses by category are-listed in Section 601.104 of the,City Code entitled "Permitted uses within General Floodplain Districts."- The City is di vided into twelve sections (12 maps) with f I ood heights for the one hundred and five hundred year flo od areas mapped in detail. Uses allowed within 2ach zone are also stated. This ordinance also list exemptions and special exceptions as well as criteria needed to meet t h e s e exemptions. Perm i t s a r e requi red f or speci al. eicepti ons . Application procedures, time limits and resource i n case of den i al are expl ai ned 53 These 'two ordi'nances are presently the -extent of the wetland protection regulations in the Du%,---l/Jack,sonville Codes. Ordinances from Other Cities. There are several go-od examples of wetland protection regulations that have been developed at the local or City 1 evel . The f i rst examples are from cities in Florida and the rest are ordinances from cities outside Florida that are considered optimal by leading authorities on wetlands and wetland legislation. Metro-Dade County The Metro-Dade area has had. a wetl and protection ordinance in force since 1980. T'he Miami area was growing so qui ckly that an ordinance was needed that would stop the encroachment of development into valuable watershed area to the so uth and east of the metropolitan area. This area borders portions of the everglades. The area under development pressure was declared an "Area of Critical Environmental Concern". The ordinance sitates very specifically the boundaries of this area that is divided into four parts. The ordinance divides the 242 sq@uare mile area into four sections because of varying topography, surface water and t i d a I i n u n d a t i o n . A descript i o n of what development i s allowed in each area is stated in addi tional implementation regulations. In tidal areas , 1 i t t 1 e or no development i s al I owed . Certain types of agri cu Iture are allcwpd in -some sections and only one h o u s 4 n g unit per f orty acres is allowed in any of the four quadrants. The i mp 1 emen tation.regulations provides penaltie-s for anyone selling I and in-this area of cri t i c a I environmental concern and f a i I i ng to notify the buyer of the imp-osed limitations on the land. Th i s i s n ot a general w e t 1 and ' ordinance, but a very s p e c i f i c a ttempt t o protect a p a r t i c u 1 a r a r e a f r o m development pressure. The boundaries of the area are described in such fi ne detail that a possible dispute' over what land is protected would be minim-al, if any. 54 Seminole County, Florid@ The Center for Wetlands a,nd the Department of Urban and Regional Planning at the Liniversity of Florida have written a Wetland Development Ordinance for Seminole County, Florida. This ordinance is* presently in second draft form and has not been officially adopted by the county at this writing. Th is or d in a n c e is an effort to protect wetland areas wi thout total ly restri cti ng devel opment i n them and ad j ac en t a r e a s . This ordinance identifies seven different wetland types, I ists criteria used to identify them, and has a classifi cation system, by points, that is used to evaluate the significance of the wetland area. Significance depends on size, connectedness, landscape diveriity, quality of surrounding landscape, intactness of the wetland and u n i q u e n e s s . The presence of endangered species is, also, taken into consideration. Hollyw ood, Florida Hollywood, Florida provides a good example of zoning u s e . It has created new categories, one of which is an "environmentally sensitive" zone. . The purpose of this new zoning designation is to provide suitable standards for review of developm-ents in environmentally sensitive areas. Land within this distri ct may be assigned a zoning designation of either ES-R1 (environmental ly-sensi tive-single family residential) or ES-C (environmental ly-sensitive-conservati on ) . ES zoni ng provides for reasonable development and use of upland areas located adjacent to environmentally sensitive wetlands that have been identified as having partic'ular ecological significance. ES-R1 classification permits detached and attached single family dwellings and accessory uses. Densities are restricted to five dwelling units per acre. All development in ES-R1 zones is subject to developmeit standards intended to ensure protection for adjacent environmentally sensitive wetlands. The ES-C district is intended to provide for the protection and preservation of environmentally sensitive wetlands t h a t have been i d e n t i f i e d as having particular ecological significance. E S - C z o n e d a r e a s discourage 55 residential development an d other development except for passive recreation uses. If it is determined that no re,asonable uses can be gained from the p.roperty by the land own-er, residential development of one dwelling unit per 15 acres may b- -!'owed. Hollywood ha-s another type of special zoning district establ is,hed in its North Beach area c-al led the " North Beach Development District". This rather unique area is the City's last remaining undeveloped beachfront. This di strict is intended to provide for and encourage appr-apriate residential, resort, office, and commercial . u s e s w i t h i n a coastal environment with unique features. These regulations are intended to accommodate development wi t h i n t h e u n i q u e constraints imposed by the sensitivity of the area. This area is divided into two zones, the NBDD-DZ or the "North Beach Development District - Devel opment Zone" a n d the NBDD-CZ or " North Beach Development District - Control Zone" . The purpose of these t w o zo n e s w i t h i n t h e development district is to further identify the area where development can occur without substantial environmental c ost - development zone - and where development must be limited to avoid serious environmental degradation - control zone. The development zone or NBDO-DZ is the established area .in which higher density, multi-family, hotel/retort, commercial uses may occur. The control zone or NBDO-CZ is established to allow property owners to reasonable use of their lands while preserving to the maximum extent possible Ahe natural and environmentally distinctive features of the land as well as reducing environmental costs associated with development of this sensitive area. H i g h e r d en s i ty development is allowed in the DZ and only limited single family development i-s allowed in the CZ. Sanibel , Florida The City of Sanibel, Florida, also utilizes zoning as a land management too] in order to protect coastal wetlands in i t s "Resi.dential P lanned Development and Open Spac'e Zoning Regulations". In thi s open space zoned category, u s e s i r e r e s t r i c t e d t o s i ngle family res id e n t i a 1 a n d p u D 1 i c recreat i on as wel 1 as other non- e c o n o m ic op e n space uses. D e v e 1 o pmen t must be in accordance with the local master plan and a precise development must be submi tted and approved. Al I development must be located in upland areas leaving sensitive areas untouched except for necessary access. 56 Monroe County Monroe County, Flor-ida us'es Shorel i ne Protection Zoning" to protect its snoreline area. The purpose of this zoning is to preserve tite conditions and 'ch-aracteristics of the shoreline to promote its stabilization, protect against storm surge., maintain w a-t-er quality, protect wildlife.'and marine habitats and enhance the productivity associated w ith these areas. Approvl of development in this shoreline protection zone is subject to Zoning Board findings that it will not encroach upon or destroy the value of the shorelin6' area or otherwise be contrary to the purpose of t he zon i ng . The key to determining whether standards are met isa determination that potential water pollution will be minimized during and after construction. Monroe County's zoning ordinance includes requirements for dredge and fill operations. These requirements provide addition'al regulations for upland, wetland and tidal areas in the County. Jurisdictionally, the ordinance requires that county administrators review dredge and fill appl_i cation for uplands and *Wetlands, while the County Commission reviews dredge and fill applications for the tidal area.. Collier County, Florida Co 1.1 i er County uses " Speci-al Treatment Overlay Districts" which are designed to encourage development outside environmentally sensitive areas.. Site plan review requirements are more stringent in the special d i s t r i c t s t h a ni n o t h e r z o n e sTh.e r eq u i rem(@nts are geared toward protecting the County' s wetlands a n d coastal a r e a s (Ordinances 76-30; 78-19; 78-71; Collier County, Florid'a) 57 Cle.arwater, Florida Clearwater, Florida uses an "Aquatic Lands District': to- restrict uses on al 'I water bodies and submerged lands in thp i ty The 4@1@mnnt is to pre.-s,erve these areas in -I' 5T commun I , - - - natural state. Pri vately- owned 1 ands are excluded from t h e s e r e s t r i cti ons unl ess they come wi thi n 30 f eet,of mangrove areas. Special exception uses may be allowed by the Board -of Adjustment and Appeal s on Zoning, based on evidence that the proposed uses will: protect the ri ghts of the public to use the waters and'submerged lands; - preserve grasses and mud f 1 ats f or breeding and spawning of fish; provide adeq uate protection against saltwater intrusion; protect existing navigable channels and basins; and will not: - c a u s e or contri bute to eros i on of waterf ront property; and - alter water flow or cause debris to accumulate. This proposed ordinance lists descriptions of the seven types of wetland,s found in Seminole County. Another sec tion describes the activities and impacts that certain activities will havelon wetland areas. Acti vi ti es and uses are matched to wetland types and determinatiqn is made as to whether that use or acti vi ty i s compati bl e or i ncompati b le with perrinit restrictions. The last subsection lists the performance stand a r d s t h a t a r : necessary to meet the requir-ements for a wetland devel opment pe rmi t . This ordinance tries to cover al-I activities that could impact on wetlands and the affects they cou 1 d h a v e . 0 n e section discusses allowable uses i n wetl ands . Uses are described in terms of compatible, incompatible or compati ble with conditions attached. The ordinance will allow a certain percentage of wetl and disturbance provided other cri teri a are met . 58 Dartmouth, Massachus.etts Dartmouth, Massachusetts uses the creation of an o v e r 1 ay zoning district to p r o t e c t w e t I a n d s . A n y d e v e I opment or ge.neral u s e i n wetl ands i s by vari ance of special permits. These permi ts must be i s s u ed by t h a c i ty after review by several ag e n c i es and submi ss i on of pl ans that include site plans to scale designed by professional engineers, boundaries and dimensions, land contours, existing and proposed locations of structures, water .courses, drainage systems, sewage system-s and others. Several conditions may also be imposed b y t h e c i ty regulating height of floor leve-1 from floo-d level, safety standards and numerous tests performed at the building si te. This ordinance has similar, but separate sections for freshwater wetlands and tidal wetlands. Each request for encroachment is viewed as a separate variance and stri ct revi ew and control s can be used to p r o t e c t the wetlands from improper encroachment and protection of valuable resources. N-ew Castl-@, New York N e w Castle, New York has implemented a wetland ordinance utilizing the police power and citing public p u r p o s e t o c o n t r o 1 u s e s o n d e s i g n a t e d w e t I a n d s . Th i s municipality focuses on the preservation aspect as reason f or regulating uses in wetlands. This ordinance lists uses prohibited in wetlands, uses permitted by right, uses and activities that require approval by the town engineer and activities that require Planning Board approval. Even activities al I owed by ri ght may be subject to review by the town if the land owners are notif ied. Th i s ordinance prohibits any construction, deposits, f i 11 , or removal of material from any wetl and or assoc i ated u p I a n d a r e a wi thi n forth fee t of wetlands, a water body, or a water course. T h i s o r d i n a nce allows wetlands to be used for recreation, g r a z i n g , m a i n t e n a n c e o f w a t e r c o n t r o 1 s tructures, cutting of bushes and trees, all as long as they are not pe.rceived to have any adverse affect on the wetlands. If so prescribed, owners may be notified and required to seek approval of these activities from the local government. 59 Activities that require the town engineers' approval are: removal of water deposited silt that does not exceed fifteen cubic 'Yards, restore l'and elevations altered by storms, construction of driveways, use of chemicals and any acti vity the Planning Board feels needs approval by the town engineer. Approval by the Planning Board is also required on many activities. in wetl and areas. The Planning Board may review any operation that the town engineer must review, but is on alarger scale that can be effectively handled by his department. The Board may also rev-iew any activity that they notify the property owners they intend to assume jurisdiction over to further the purpose of the law. Th.e Pl anning Board may also have jurisdiction over construction of roads and m u n i c i p a I o r u t i I i t y u s e s ( r o a d s , sewage treatment facilitie^s, recreation facilities). Perm i ts are required for uses that must be reviewed by the town engineers and Planning Boards-. The ordinance util izes the police power granted to the city to protect the natural functions of surrounding wetlands. Orono, Minneso@ta The. Orono, Minnesota ordinance uses a different approach to the rationale f or impl ementati on of wetl and legislation. This city looks at the cost induced by flooding, improper building and locating wetlands and flood prone areas . In this ordinance, the focus is on eliminating the cost to the city for future damage that could occur when natural functions of wetlands are destroyed. permitting proc.ess. The ordinance designates t h r e e Orono uses maps of flood prone areas to utilize the d i s t r i c t s (floodway, gegeral floodplain, and flood fringes) and allow6d uses as well, a s r e v i e w s of uses for wetland a r e a s . I n c I u d e d are standards for dredge and fill activities. Each district has permitted uses , conditional u s e s , procedures for permitting and review and the use of attached conditional use permits. This ordinance i s one of the more stringent that has been implemented to date. Smithtown, New York The Smithtown, New York community has adopted and implemented a wetland ordinan-ce that is considered a model regulation in the area of wetland pro*tect.ion. Smithtown 60 j u s t i f i e s t h i s -r e g u 1 a t i o n b y ci ti'n.g the need for preservation of these areas while stating thlat the intent of the ordinance is to promote the health, safety and welfare of the community through implementation of the ordinI-nce.--,-- The Comprehensive- nature of the ordinance is seen in its content, which i n c 1 u d e s :a stated purpose, definitions, regulated activities,@permitted uses, allowances for exceptions, permit: application procedures, standards for granting permits , public participation in the form of hearings and more. The first clause of the ordinance states that no one can conduct a regulated ac-tivity within or adjacent to wetlands without obtaining a permit. Regulated activities are explained under definitions and encompasses a lengthy list that includes: drainage, dredging, removal of soil, dumping, filling, erecting any structures or roads, any form of pollution including septic tanks and discharge of effluents and any other activity that would substantially degrade or interrupt natural wetland functions. The next category listed is activities that do not require a permit. These activities are I tmi ted to removal of natural products adjacent to recreational, commercial fishing and shellfish areas , a n d acti vi ti es subject to revi ew by State and County Departments of Health, state environmental conservation law and other state regul ati ons and emergency activities. Appl i cati on procedures required for securing permits, public hearing. notices and agency reviews are discussed. Co-ndi ti ons that may be imposed on permits are listed along with the agency's powers. This ordi nance requ ires that a performance bond be posted to assure compliance with al I terms of the permit. Reasons are al so 1 i sted f or permi t sus@pension and penalties for no-n-compliance with the ordinance. St. Johns River Water Managemen t District The St Johns River Water Management District (SJRWMD) is one of five Florida water management districts. T h e Water Resources Act of 1972, Chapter 373, Florida Statutes, assigned responsibility for water management from a regional perspective and the five water management districts were created. 661 The St. Johns District covers twenty-one percent of the states totdl'area, 12,400 square miles. The districts major hydrologic unit is the St. Johns River and related w: ' tershed. This distri@t covers Duval, 1@assau, Clay, St-,Johns, F1 agl.er, Vol usia, Brevard, Indian River, Seminole and part.s of Lake, Marion, Orange, Osceola, Putnam, Bradford, Alachua, St. Lucie, Lake and Baker-Counties. The i ntenti-on of the Legislature is to have the water management districts promote the conservati on , storage and proper development of water resources. Proper utilization of - surface and ground water al ong wi th en vi ronmental I y rel ated I and and natural resources i s also a major concern. As a means of protecting the resources for the public w e I f a r e , v a r i o u s p a r t s of the Water Resources Act establ isheT general guidel i nes f or a regu 1 atory program , which is- further defined by administrative rules. Key elements of the permit process include evaluation of both resources and the proposed use. A permit is r e q u i r e d prior to undertaking a regulated activity. Enforcement includes administrative, civil, or criminal action against violators and required restoration of the affected area to the original condition. Permitted activities under the District regulatory program include construction, a 1 t e r a t i o n , or discharge affecting "Works of the District (Rule 40C-6)" and "Water Wel I Con s tructi on (Rule 40C-3)" for all public supply sources and pri vate wel 1 s, depending on the wel I size and area of the district. The last year or so, focus has been on the revision and implementation of Rule 40C-2, "Consumptive Use of Water"' and 4 0 C - 4 , " Man agemen t 'and S torage of Surf ace Water" . Thi s management and storage of surf ace water rule may at f ect. the wetlands more than other rules of the district. This section requires the natural function of wetlands to be used i n conj uncti on wi th water s tor age f aci 1 i ties. Thi s rule requires that construction or related activities may not adversel y affect the natural f u nct i on of the wetl ands . Permitted activities cannot adversely impact on receiving waters or adjacent lands and cannot be otherwise harmful to the water resources of the distri-ct. The St. Johns River Water Management District is run by the Eroard of Governors who are a ppointed by the Governor. . I The Water Management Districts have the power to levy 62 ad val orum taxes that are used to run the district and also purchase lands the district feels a r e v i t a I t o t h e protection of the district watershc%-J. The Legi sl ature empowered the district with taxing and rulemaking ability, withi district rules having the affect of law. The district board is appointed and relatively independent, b-eing fin ally accountable to the State Legislature who created the management districts. T h e Water Management D istricts have a powerful influence over water uses and related lands. The St. J o h n s River Water Management District has the potential to be a powerful tool in the protection of wetlands within Duval County and the entire district. 63 I I t .a-- t I I I I I I I I I I I 1 64 1 1 1 IDENTIFYING MAJOR PROBLEMS AND ISSUES IN LOCAL WETLAND@ PROTECTION 65 m m P. = m = = m m.= m = = m I i IDENTIFYING MAJOR PROBLEMS AND ISSUES I N LOCAL WETLAND PROTECTION Local Acceptance Local acceptance and support of the need for additional wetland protection maybe I large stumbli-ng block in the implementation of any local wetl and protection effort. There are large segments of the local population that feel state and federal legislation is already doing an adequate job of wetland protection and local legislation would merely be redundant. State and federal regulations regarding wetlands are not all encompassing. There are many areas, e s p e c i a 1 1 y isolated wetlands that DER does not have jurisdiction in. These different agencies also consider, in many instances, different criteria when evaluating wetlands or propQsed uses in these areas. There are large areas of isolated wetlands i n J a c k s o n v i I I e t h a t p e r f o r m v a 1 u a b I e f u n c t i o n s t h a t presently are not afforded even minimal protection. There are al.so development problems regarding wetland use that are unique to this area and may not be specifically addressed by blanket state and federal laws. Local problems can generally be better addressed by local solutions. 67 u v a 1 County has been blessed with 1 arge areas of developable land and has not had the problem of facing too many consequences as they have in other parts of the sta-te. The (@ity is just present'ry beginnjng to feel the limi'ts of its enVironment. The base of knowledge regardi ng wetlands and their value is expanding. A national and statewide awareness of the value of these areas and need to preserv.e them has also grown. Local understanding and regard for these areas has also undergone changes; not as rapidly as it has in areas with severe impending problems and losses, but awareness is growing. This along with the state and federal impetus toward wetland preservation is a positive sign. However, the treatment of our wetlands still needs to be addressed locally. Responstbility for Wetlands At present, one of , if not the major i ssue regarding wetlands, is who will take ultimate responsibility for protected wetlands areas. If developers are not allowed to utilize wetlands in the most profitable way, i . e . , u s i n g them as part of the buildable lot, then they view them as a liability and prefer to dedicate them to the city. The cilty is reluctant to accept the dedication for several reasons. By accepting the dedication of these areas, it is argued, they become city property and are removed from the tax rolls and no longer generate revenue or do not generate .the revenue they could have had they been used otherwise. Another major problem regarding city acceptance of wetland areas is the liability factor. The City is 1 i ab I e for activities that happen on city property. The City officials fear the City may be held liable or open to law suits for any accidents occurring on city owned property. Also- any possible maintenance and the cost of such is a conc,-rn to City offic'ia0s.. A thorough understanding of the value of the- functions performed by these areas and how these areas m a y be incorporated into local drainage and storm retention patterns at a substantial s a v i n g s t o t h e C i t y m a y h. e 1 p change the opinion of local officials in regard to the need 68 for the City to reta'in these areas in their natural state. Preserving Natural Drainage Ways . Preserving selected natu,ra'! drainage ways and wetlands associated with these areas can be a very cost effective form of storm water man-agement and accompanying filtration of runoff. This particular technique may not be applicable in all instances, but where natural floodplains and wetlands .are available, the incorporation of these areas can be quite cost efficent. Building and maintaining m an made water control systems can be very costly. Awareness of the cost benefits a n d availability of incorporating natural drainage patterns and stormwater management systems i -nto local designs should be stressed. In many cases,. the incorporation of these areas can help avoid future problems and expenditures by avoiding development in less- than suitable areas:. Alternatives and innovative ways to approach drainage problems should be a consideration for local officials. An adjustment in attitude toward wetlands maybe the most important problem to overcome in this area. Designing an Easily Implementable-5-y--stem D e s i g n i n g an economical, easily implementable protection system for Jacksonville will be a di-fficult task. Jacksonville, like most cities, has limited, resources and numerous problems that require funding. Wetland protec- t i o n , as previously stated, is not a top priority item. A s often is the case, potential problems are not addressed u n t i 1 they reach c r i s is proportio,ns. Often, by then, it is too lateor the so lution has become several times more costly than originally anticipated . By establishing a protection system for these areas now, it-is felt many future problems could be avoided. It i s anticipated that protection efforts designed for the Jacksonville area will need to be easily implemented, economic, and designed to work within existing procedures and established departments. Delineation of wetla-nd areas w i 1 1 need to be by as s imple a method as possible, mainly because acquiring new staff to help implement the plan will in all reality be minimal . The city has limited staff with expertise in this area and the cost of acquiring more may be cost prohibitive. 69 In summary, solutions to local wetland protection will 11ave to be designed to work within existing systems with existing staff at a minimal cost to the city. Th i s limits the possible solutions and is one of the largar problems faced at the local level. 70 I I I I I I I I I I .I I .I GOALS AND OBJECTIVES I FOR THE STUDY- I @ AS.DEFINED IN THE 1 2005 COMPREHENSIVE PLAN 1 71 1 I I I t t I I I I I I I I i I I I 72 1 I I GOALS AND OBJECTIVES FOR THE STUDY AS DEFINED IN THE 2005 COMPREHENSIVE PLAN This wetland conservation study has as a main objective to implement the major recommendations o f t h e 2 0 0 5 Comprehensive Plan for Jackson'vi 1 le regarding the protection of freshwater wetland resources. These major recommendations in the 2005 Plan are the basis or source of the major goals and objectives.of this s t u d y The Conservation and Coastal Zone Protection lement The Conservation and Coastal -Zone Protection Element of the 2005 P 1 an is the major source o f t h e g o a I s a n d objectives t h a t- w i 1 1 S e r v e a s the basis for designing a protection plan for these environmentally sensitive arcas. The 2005 Plan states goals and objectives, policies and recommendations for the use and protection of these areas. The major objecti'ves under the Water Quality section of the2005 Plan are to meet a n d to protect t h e h e a I t h a n d we I f a r e of the c i t i zens th rough avo i d i ng the ad verse af f ects 73 of water pollution. Maintenance of quality as well a s quantity, i . e . , conservation of water, is also a stated goal . Thi s sect-* in on Water Qual ` ty suggests 'policies for control of point'source and non-poin@ source pollution. T h e major objectives under the point source pollution are for the city to provide sewage treatmen-t at regio n a 1 facilities rather than numerous small package p)ants. Al 1 local facilities s-hould be upgraded and maintained to meet applicable standards.- In areas of 'non-poi nt source control , the 2005 Plan recommends that inpervious surfaces be limited where p o s s i b 1 e . "When impervious paving cannot be avoided, natura I drai nage systems shou 1 d be protected an d s t o rmw a t e r runoff incorporated back into the natural system. It also states'that 11stormwater drainage projects should s-imulate the natural drainage patterns as nearly as possible." The section in the Conservation and Coastal Zone Element of the 2005 Comprehensive Plan on protection of sensitive areas states that "measures should be taken to encourage conservation of important natural resources a n d the function that they provide." Freshwater wetlands are one of four areas designated as sensitive areas. On e of t h e g o a I s for these sensitive areas is to "enhance and conserve natural areas, wildlife habitats, fis *heries resources, air and w.ater quality and other renewable and non-renewabl-e resources." One of the m a j o r objectives of this goals is to "protect the valuable functions of wetlands, estuaries and submerged lands i.ncluding the territorial sea by maintaining the integrity of vegetation and hydrologic systems." Another major goal for the protection of sensitive areas is "to er-courage greater compatibility between the I a n d development process and the natural environment." A major objecti ve under this goal is to "enhance and conserve areas of environmental sensitivity, while permitting development that will hold economic a I t e r a t i o n s to acceptable I e v e I s . To enhance the qual it\ of development by control 1 ing the encroachment of urban i`zati on on 1 ands poorly suited for development." Another objective of this goal is to "utilize natural resources to define a n d s h a p e urban development patterns at both the county and community nei.ghborhood scales."" The 2005 P I an a I s o s t a t e s t h a t t h e c i t y s h o u I d " i n t e g r a t e e n v i r o nme n t a I and economic considerations into Jacksonville's decis'ion-maki ng process 74 in order to maximize the benefits d e r i v e d f r o m n e w development." As a :,general policy, the plan suggests that 11new techniques should be developed to provi.de legal protection fo6 the areas I natural rebources as designated within the ComprehenOve Plan." F reshwater marshes are included as designated sensitive areas that should have a certain amount of prot.ecti on . T h e s e c t i o n i n t h e 2 0 0 5 P I a n t h a t d i s c u s s e s t h e v a I u a b 1 e f u n c t ions of these areas also suggest policies for suitable activities and uses. These include: maintaining the basic function served by selected freshwater marshes and swamps as n a t u r a 1 ecol ogi.cal units; natural retention mechanisms and surface water storage and treatment areas . The principle stream and val leys and other wetlands needed for stormwater retention, wildlife habitat or other speci al environmental use shou 1 d be organi zed into the comp-onents of the city's open space and drainage system. Addi ti onal pol i ci es f or this area suggest that, "In general, wetl and areas should not be drai ned si nce th i s destroys the character of the area." T h e r e are'several other policies suggested in relation to freshwater wetlands,: "As a general rule, there should be no excavation in wetlands ... excavation should occur only when required for public benefit." ."There generally should be no sol'id fill roads or other str-uctures in wetlands because they obstruct water flow.. Unavoidable roadways that obstruct water flow should be elevated on piling.s rather than placed on fill "New development occurring in or adjacent to wet- I and areas shou I d be des i gned i n. such a way as to protect their natural ecological integrity." "Development in areas surrounding small pockets of wetlands such as cypress ponds, should make use of th'ose areas by maintai-ning their natural function and retaining them as open space." Th i s Conservation Element of the 2005 P 1 a n makes recommendations for the preservation of these areas , one of w h i c h is to "encourage preservation of the natural elements of the drainage system through f e e s i m p I e p u r c h a s e , I e s s than fee simple purchase, purchase of development rights or 75 formal agreements with property owners. Another proposal is for creating sptcial drainage districts (based on watersheds). 'IT a x es levied could be used to,, acquire s- e 1 e c t e d w e t I a n d e e m e n t s o f t h (b drainage system. Al ternatel y , user f ee ch ar-ges f or dra-i nage cou 1 d b e' u s e d t o purchase marshes and swamps which represent bas ic components of the drainage system." The 2005 Plan also endorses the use of regulation as a viable option i*n t h e e f f o r t to p r o t e ct w e t I a n d s .. I "Protection of up 1 ands associ ated with wetland areas is v i t a 1 to the maintenance of these areas, t h e r e f o r e , develdpment in up land areas should be regulated to prevent damage to wetlands." The 2005 Plan also suggests specific ideas for regulat i o n , i . e . , "Study the feasibility of implementing a system for transfer of development r i g h t s . The areas to be preserved would be selected areas. The zone to which these rights woul d be transferred would al so be i d e n t i f i e d w i t h s pec i a 1 emphasis on the des ignated transit/devel opment corr i d o r s . Development at the new h i gher dens i ty i n the transf er zone wou 1 d requi re the purchase of development ri ghts f rom the preserved I ands owners." Recommendati ons f or impl ement i ng these goal s and pol icies are another item addressed in the 2005 PI an . 0 n e recommendation is for the establishment of design criterion for new developments. 11 1 n a 1 1 a r e a s o f t h e c i ty devel opment can be enhanced throu gh the use of design c r i t e r i a . These criteria should take into account the effect that new development will have on the environment." Land Use Element "Development intensities for the county's natural areas should be based on their capability to support certain types of development. S e n s i tive natural areas, such as wetlands and woodlands are suited to lower intensity uses which wou 1 d n o t s i gnif icantly a1ter their character and function. Areas less sensitive should be reserVLJ for higher intensity u sts. Development patterns will also be influenced by the transportation network and existing development." The Land Use Element of the 2005 Comprehensive Plan ,makes recommendations related indirectly to wetl and areas . The growth pol i c i es f or the c i ty under general land use suggest that "growth s h o u I d n o t c a u s e i rr e t r i e v ab 1 e environm-ental damage." 76 The Land Use Sub-Element, part of the section on -land development policy, states that "sensitive areas, as defined in the Conservation/Coastal Zone Protection Element,,can accept d-i74-Topment , but- the nature and extent o-Fthat devel o-pmen t should be such as will insure that the land can contrive to fulfill its natural function." This category includes salt marshes, freshwater marshes and swamps. The Land Use El ement al so contains implementation strategies for policies and re commendations. These include: "Review criteria should be developed in the following areas: -A. Tree Protection and Landscaping B. Wetland Areas C. Sign Control D. Historic Preservation" Recreation and Open Space Element The Recreation and Open Space Element of th'e 2005 Plan makes further recommendations in the form of g o a 1 s objectives and policies regarding wetlands. One of the major goals in this element is to develop a stream valley park system along major stream valleys. T h e main objective of this goal is to "acquire major stream valleys in the 100 year flood plain plus adjacent vital wetlands, wooded areas, conservation areas, etc. when deemed necessary for water protection and recreation." The other major goal in this element, which is very closely related to the previously stated goal is to preserve s t r e a in v a. 1 1 e y s f o r passive recreation and watershed protection. Sensitive Natural Areas T h i s recreation and open space element also discusses sensitive natural areas and defines a n d s u g g e s ts I i in i t e d uses for these environmentally sensitive and valuable locations. 77 A r e a s i d e n t i f i e d' a @ having major ecological,. hydrological , physiographic ur historical importance to the publ i c at 1 arge , whi ch coul d not be developed without so altering -the resourcp -that tne benefits are 1 o s t o r significantly diminished -qualify as sensitive natural area@. Preserving the natural integrity of these areas enhances the- aesthetics and quality of life for residents and tourists; provi des a measure of nat u r a 1 h u r r i c a n e a n d f I ood protection; helps maintain ecological balance; promotes maintenance of our valuable commercial and sports fisheries; and provides areas for passive recreation. The open space resources which should not be developed, and are vital for present and future generations, and other sensitive natural areas identified as having natural or institutional use 1 imitations requiring special precautions 'prior to alteration or development are listed below. Failure to consider these limitations may result in the di rect or indirect consequence harmful to the public health, safety and welfare. *These areas are usual ly si gn i f i cant envi ronmental resources which also provide public benef i t . These areas are often appropri ate f or acti ve and p a s s v e recreation. Selected Coastal (Tidal) Marshes Nassau River/St. Johns River Marshes Aquatic Preserve Selected Freshwater Marshes and Swamps. Beaches and Dunes 100 Year Flood Hazard Area Forestry Management Areas (Public) Areas of Limited Use (Pub lic a.nd Private) Spoil Islands and Spoil Areas Agricultural Lands An i m p o r t a n t c o n s i d e r a t i o n i n preserving natural resource areas is the preservation of a diversity of natural h a b i t a t s , allowing creatures fleeing situations such as new development, to seek accommodating circumstances in simi lar habitats. 78 8 y proper uti lizatio.n and protection of the sensitive areas described herein, and examined in the Conservation Coastal Zone Protection Element, adequate reFF@Ttional and open space opportunities can be provided for thE present and future populations, without affecting the inventory of prime developable 'land, needed for the growth of the city. Conservation Parks are the primary tool for protecting these sensitive areas, while providing passive r e c r e at i o n opportunities to the people of Jacksonville. The major focus of the Conservation Park Program will be the establishment of the Stream Valley Park System. Site size standards will reflect metropolitan and regional recreation and open space needs. Some of the most beauti ful areas in Jacksonville are contained in the many stream val I eys . Besides providing a major resource for public recreation, stream valley parks will also serve multiple conservation functions. These functions include the preservation and protection of the stream valleys themselves and their associated wetlands and watersheds . They also .@s e r v e t h e n e e d f o r storm@ater management and water qual i ty management . , They provi de sceni c rel i ef , whi I e t h e i r w o od ed ex p a n s e s 0 f green space hel p screen 1 arge-sca-l e devel opment in urban areas, especially in densely developed growth corridors. In rural areas they complement the rural character that exists. Stream valley parks and other wetlands proposed for conservati on wi 11 al so serve as " greenbel ts " and " greenways" . Greenbel ts are continuous parcels of open space areas designed to form and define urban boundaries through the preservation of a strip of water or green land surrounding all.or part of a metropolitan or municipal area. Greenways are open space wedges or f inger-like projections that may follow natural forms including drainage systems. On a sm a I I scale than greenbelts greenways-perform urban shaping at- var! ous i nterval s and are f ound adj acent to vari ous se g me n t s of an urbanized area. Stormwater Management Sub-Element Th e S t o rmwater Man agement -Sub- El ement of the 2005 P 1 an is an additional element that suggests goals and objectives i n the area of stormwater management that are related to wetlands. 79 One of the main goals of this sub-element is "to provide a drainage system which efficii,ntly provides protection to persons, property ind the environment at a "'t-he public r-Ifare. cost consistent w'ith I . Some of the objectives associated with@ this goal are: "Encourage the design of drainage systems which minimize the financial and environmental cost to the community.". "Guide urban development in a manner which minimizes p o t e n t i a I f 1 o o d d a m a g e a n d w a t e r q u a I i t y degr ad at ion." The other maj-or goal for this sub-element is to establish stormwater management p"ractices which are least d i s r u p t i v e to the environment and which promote the conservation of natural vegetation in fl oo.dplain areas and freshwater swamps for th.e purpose of slowing runoff. Several objectives of this goal include: IlEncourage conservation of natural v e g e t a t i o n and-limitations on the amount of impervi-ous surf aces to minimize stormwater runoff." "En'courage the conservation of wetlands for the' purpose of reducing and treating stormwater runoff." "Provide guidance towards the identification and selection of solutiuns to drainage problems wh i c h utilize and preserve the desirable feature.s of the existing natural drainage system." A policy suggested by this sub-element is that emphasis should be placed on *tfte identification a n d a p p 1 i c a t i o n o f "natural" techniques as well as capitalize on and be c o n s istar?t with the natural process,--s. Another management practice suggested is a series of common ponds that lead to the major stream valleys where wetlands-would preform their natural treatment function. All of these goals, objectives and recornr7endations made in the 2005 Plan will be the basis for the protect ion p I a n that will be designed for this-area. 80 I I I I I I I I I I I I. I I ALTERNATIVE CRITERIA I I AND STANDARDS FOR - WETLAND MANAGEMENT 1, I 1 81 I I I I t Tc- t .,?T I I I I I t. I I I I I 1 82 1 I I ALTERNATIVE CRITERIA AND STANDARDS FOR WETLAND MANAGEMENT Introduction There are several alternatives and criteria usded to establish management practices for areas that contain wetlands. There are different criteria used to judge wetland value in different situations. Value in itself , is one of the criteria almost all municipalities can agree on. The value of a freshwater wetland varies with the type of wet 1 and, location and needs of the governing body that regulates it. Nearly all municipalities agree on the major value and function of wetlands. Freshwater wetlands serve as water r e t e n t i o n a r e a s . They serve as a natural system of filtration, a b s o r b i n g p o I I u t a n t s a n d e x c e s s n u t r i e n t s . Wet 1 an d s help retain- stormwater, releasing it gradually and pro vi d-i ng protection against flooding. T h e y a I s o s e r v e a s n a t u r a I drainage ways and have potential for' recharge of potable water. Wetlands are valuable wil d I i f e h a b i t a t , capable of supporting diverse plant and animal life in smaller areas. 83 Aesthetics are also a valluable criteria for justifying the protection of wetlands. Aesthetics is a valuable asset is becomi'n g more. and more acceptable ,@, a c-i ter, a. The F-i jr I da Fourth Di stri ct Court of Appeal s rerr-nt I y h e 1 d - th a t aesthetics in and O*f t@emselves will support zoning or rezoning (City of Sunrise vs. DCA Homes Inc., 42 South Second 1084 (Florida 4th DCA, 1982). Different areas concentrate on different aspects of wetland value and it is reflectgd in the legislation they enact to protect these areas. Areas concerned with tourism tend to enact legislation that leans toward the aesthetic aspects of the area in question. Nearly all c i t i e s in Florida realize the benefits wetlands* provide as buffers against storms and flood.ing and as water retention areas. This is reflected in legislation that prevents alteration of natural drainage ways. M 0 s t cities have become increasingly aware of water quality and the problem encountered in maintaining a sufficient clean water supply in growing urban areas. Wetlands have the ability to act as a natural fi ltration system for water as well as being potential ground water recharge areas. M a n y a r e a s in F 1 o r i d a ' have enacted legislation to protect what they perceive as very valuable and se'nsiti ve wetland areas by: r e s t r i c t i n g I a n d u s e , attempting to maintain ecol og i cal relationships, protecting wildli f e habitat and protecting -water quality in an area that i s under tremendous development pressure. Many Florida cities are attempting to protect their wetlands for similar reasons and with simi lar management strategies. Development Criteria and Standards There are several factors that must be considered when develo-p,,.i-ng criteria and standards for wetland use , s u c h a s : soi I s u i t a b i I i t y , ecological relationships, local d,rainage practices, ex i sti ng la-nd cover, as we I I as t h e impacts varying activities will have on these envir.onmentally sensitive areas. 84 Alternative criteria and standards should be identi fied for management practices related I-o such factors as: I and use suitability, maintaining ecological relationships, drainage practices, land,cover, dredging, filling solid waste disposal , water qual i ty management, pestic'ides., wildlife and more. Soi I Sui tabi 1 i ty Soils vary in their ability to support different uses. Some soils are more suitable than others for particular activities. Problems can arise when the soil type and proposed activities.are incompatible. Most soils found in wetland areas are poorly suited for development activities without alteration. The primary problem is often the excessive moisture in wetland soils. Mo s t we tl and soi I s have water ei ther at the surf ace or very close to the surface of the soi 1 the majority of the y e a r . The inherent water table must be lowered in order for the land to be suitable for housing or road and street construction. Many soils in wetland areas -occur-in low areas and along natural drainage patterns, even with 'water control systems.in place. These areas have a tendency to f 1 ood . M o s t s o i I s in wetlands ha've a high organic content. When water control systems are established and they are exposed to air, they' tend to dry out. These 5oil types are loosely cemented together, even more so when dried out. The low strength of these soil types cause these areas to have a low suitability for potential development. Most wetl and soi 1@ have low potential for septic tank absorption fields due mainly to the excessive wetness and potential f o r f I o o di ng . Often the size of the septic tank absorption field will be greatly increased even in areas with water control systems because of the slow permeability of these soils. The type of soil that exists in wetland ar-eas should be a factor when considering development in these areas. 85 Maintain-ing Ecological Relationships Incorporating wetland areas into develonment patterns is the best way to maintain the ecological relationships between the wetlands and adjacent areas. Wf-;'.'i --.,nds serve valuable purposes that were discussed e.r,-l *,er . u i s r u p t i n g th'ese natural relationships have the potential -to begin a cha,in reaction of problems. Incorporating wetlands into development patterns as open. s p, ace , n a t u r a I retention areas and natural w a t e r f i I t r a t i o n systems allows for a much mor''e aesthetic development and can be much less costly than constructing and maintaining expensive water control systems. Use of wetlands as natural retention areas may not totally reduce the need for water control systems, but they have the potential to reduce the size of the reteIntion facilities needed hereby reducing the cost while re*taining an aesthetic advantage for the developing area.- Drainage Practices Many serious or potentially serious drainage problems could be avoided by mai ntaining and incorporating n a t u r a 1 drainage-patterns and systems into development patterns. Water seeks the lowest areas and easiest path to rivers and s t r e a m s and eventually the ocean. By attempting to "improve" these natural d.rai nage patterns or ignore them by d e v e I o p, i ng a r e a s a I o n g n a t u r a I drainage ways and floodplai n s , t h e p o t e n t J al for probl ems w i t h w a t e r management are greatly increased. T h e cost-of constructing and maintaining water control systems, es.pecially in natural drainage ways, can be prohibiti v e . The budgetary savings for-a co.mmunity that incorporates natural * drainage patter-n--s--and -sYstems ra-ther than create artificial ones, can be substantial. Another aspect t h a t s h o u 1 d be dealt with regarding drainage practices is the coordination of a 1 1 government agencies that have jurisdiction in drainage matters. Many times, agencies, because of lack of communications or disagreement as to the best management practices related to drainage, work in opposition to one another rather than establishing a coordinated effort a i m e d at similar goals. Interagency coordination saves time, money, effort and in almost all instances produces b e t t e r and more functional r e s u I t s 86 Land Cover What is on the la-nd, the land cover, i @.-?Iuences the development pattern of an area. Land cover should be a consideration when pl anni ng local - development patterns. Differences in topography, surface water and vegetation influence the land use patterns in a city. Many localities have ordinances on the retention of native vegetation that influence devel opment. R e t a i n i n g native vegetation and incorporating i t into new development rather than replanting exotic species is in most instances m o r e c o s t beneficial, a s w e 1 1 a s aesthetic. N a t i v e vegetation has abetter chance for s u r v i v a I and often cons ist of established adult trees and vegetation that would be cost prohibitive to replace. The maintenance cost on 1 o c a 1 species are much lower and the problems associated with replacing plants that do not survive is diminished. M a n y cities allow alternatives and bonuses for deve.lopers retSining es tab I i -shed nat i ve vegetat Ton when develop-ing and landscaping an area. Some cities require a certain percentage of a development remain in native vegetation. Many ci ties have a list of vegetative species that should be used in 1 a n d s c a p i n g . T h e se a r e u s u a 1 1 y plants that are native to the area or are known to grow well in the local clima.te. Some cities also have a list of e x o t i c s p e c i e s that are considered noxious and are prohibited from use in landscaping. Many times, there are added requirements that the vegetation used in landscaping must grow to a certain size or survive a period of time. This mak-es developers responsible for the survival of the vegetation they choose for landscaping. This tends to promote a choi ce of veget-ation that will have the best growth potential and survival rate. Dredging and Filling The..-most efficient way to damage wetlands and alter their function is to remove a portion of them, as in dredging out the wetlands or depositing fill in or on them. Both dredging and filling activities tend to interrupt the existing hydrologic regime, damages and/or destroys exi sting vegetation and in most instances alters or destroys the function of the wetl-and a r e a . U n 1 e s s it is t o t a I I y unavoidable, as when the alteration is undisputably in the 87 public interest and there is no alternative, dredging and filling in wetlands should be avoided. "'There are instances. where dredging and filling sm .a 11 I k - ch portions of ce, @.d' n wet--l and typ,es can be tol erated e system. The Center for Wetlands at the University of Florida, through research , established that dredging or f i I I i n g o f 10 % o f m o s t w e t 1 a n d t y p e s w i 11 n o t i r r e v o c a b 1 y destroy the function of these areas. Al 1 precautions must be t ak en dur i ng constructi on to assure that damage does not occur to the remaining wetlands while the allowable acti vity of the 10% is being done. The best practice for most wetland types is to avoid dredge and f i 11 acti vi ti es wi thi n the wetl ands o r I i m i t th e ac t i v i ty to a smal 1 percentage of the area once i t has been establ i shed that the wetl and type can tolerate the act i -v i ty and that the activity in question is unavoidable. Solid Waste Disposal Wetlands are, in almost all instances, not considered a good choice for a landfill- or solid waste disposal s i te . The major limiting factors being the high water table and slow soil suitability normally associated with wetlands. Depositing solid waste in wetlands is the equivalent of depositing fill in these areas. The potential problems that cou 1 d be c au sed by f 1 oodi ng ana seepage i n these areas. make" siting of solid waste disposal sites,in wetlands a very m a r g i n a 1 choice at-best. Upland areas with lower water t ab 1 es and more suitable soil t y p e s a p p e a r t o b e a preferable choice. Water Quality Management Wetlands, espe-cially freshwater wetlands, function as a natural purification-system for water. T h i s is one of the major arguments for maintaining wetland areas along natural drainage ways and floodplains. Wetlands t e n d to r e t a i n r u n o f I' from storms and filter out pollutants and nutrients be-f ore allowing water to. enter rivers, st r e a m s a n d groundwater systems. Retention and filtration of runoff is,@a,growing problem increas,,'@,jn at both local and state levels. Wi th e impervious `-@ comes greater surfaces that accompany development also runoff and pollutant loads in the runoff. 88 Non-poi nt source pollution (pollution caused by storm water runoff and the pollutants in pickups from the land, highways and other impervious surfaces) of our surface waters is fast becoming one of the ;@aj-or problems facing the Jacksonville area and th.e state. Increased growth brings increased pollution and a greater need to protect the existing waler quality. Presently, both the state and-water management districts are attempting to deal w i th the-retention a n d filtration of -runoff. They are requiring, in certain instances through various rules, that water management systems hold runoff on the development site @nd by requiring the filtration of runoff before it is released into drainage syst.ems and waterways. Wetlands have a great'potential to assist in the solution to this problem. They have the a.,bility to 'retain large amounts of water, filter out pollutants, thereby cleansing the water before slowly. releasing it.. Wetlands perform this filtration' service. often at a more cost efficient rate than can man-made. systems. They are also infinitely aesthetic, as we 11 as h av e comparably I i ttle maintenance cost. On-e of the few drawbacks i n the use of wetl ands as retenti on areas i s thei r 1 imi ted c. ap ac i ty . The availab I e c a p a c. i t y m a y n o t s a t i s f y state or local retehti o n requ i r eme n t s . In many instances, they can be used i n connection with man-made retention facilities, thereby reducing the size of the man-made facility needed. W h e n utilized in this i n s t an c e , wet 1 ands may hel p provi de the sol uti on to a di ff i cul t probl em. Many wetl and types al so have the abi I i ty tc be used as tertiary sewage treatment areas. The state presently all ows the disposal o f cer t a i n amou n t s of eff 1 uent f rom sewage treatment to be discharged into wetla-nds. Th i s -u s e of wetl ands has the potenti al to be a parti al solution to the problem of di schargi ng e f f 1 ue-n t i n t o I o c a I s t r e ams and tri butari es . Many of these receivin-g waters are al.ready at c apacity for effluent loadin-g. The Florida Department of Environmen 't a 1 Regul ati on wi I I only al 1 ow a certain amou n t of effluent to be discharged i n t o s t a t e waters from sewage treatment facilities. 89 The Center for Wetlands a t t h e U n i v e r s i t y 0 f Florida in Gai-nesville is currently experimenting with the use of weclands as areas for effluent disch-arge and tertiary treatment. The major nroblem is calculating the ability of the wetland to absorb che -effluent:-d-ischarged into it. T h e use of wetl ands to treat effluent has the potential , to a certai n extent , to be a natural,sol'ution to a growing p r o b I e rff . Pesticides and Herbicides As mentioned previously, runoff from storms is a major contributor to pollution in waterways. Chdmicals and pesticides used on the land also tend to find their way into rivers and streams carried by runoff. Chemicals and pesticides used in and around wetlands tend to have a negative impact on the -biological components of wetland commun i t i e s . Pesticides and herbicides . tend to reduce the diversity of life forms in wetlands. Herbicides can affect the primary production of plant life in these areas. Wi th the adverse affects of herbicides on plant life is a corres p o n d i n g a d v e rse af f ect on evapotranspi rati on and the ability of the wetland to enhance water quality, i . e . , filter out pollutants and nutrients. G u i d e 1 i nes for use of pesticides in and around w.etland areas should be established. These may incl ude more control 1 ed use of agricultural chemicals and chemicals used on lawns and I andscaping, appl i cati on of pesti ci des only during dryer months and aerial appl i cati on only unde-r controlled conditions and circumstances. Wildlife Wetlands provide habitat a n d f eedi rig grounds for various species of w-ildlife. N o t a I I s p e c i e s a r e year-around residents. of wetl and areas, though numerous species interact in wetlands during some part of their I i f e cyc I e . Wet 1 an d a reas i n urban setti ngs of f er a ref uge f or wildlife, as well as urban dwellers. 90 Selected Activities I and Their Impact on Wetlands All activitiu-, ' in wetlands have some affect on wetland parameters and natural functions. The major task is to determine what activities are compatible with which wetland types . Determination should, be made as to the amount of alteration of wetlands that is acceptable while maintaining the integrity and function of the area. Major portions of t h i s i n f o rm a ti on . was taken f rom the model wetl and ordi nance for Seminole County, Florida, compiled by the Center for Wetlands a-t the University of Florida. The following is a comprehensive description of activifies that may occur in the wetlands and the impact these activities have on wetlands and adjacent areas: Produ ction of Agricultural or Horticultural Crops The production of agricultural crops. within wetlands requi res the al terati on of water I evel s an d t h e r em o v a 1 o f n a t u r a 11 y occurri ng vegetati on In most cases, w at e r 1 evel s must be held at levels below the soil surface t.o faci I i tate the growth of plants that are not accustomed to the wetland conditions. In some cases, s o i 1 s , because of t h e i r h i gh organic matt6r c 'ontent, are most suitable for cultivation, but ox i d i ze away when exposed to a i r further drawdown of- water level's is usually required. The produc,tion of many agric ul t.ural crops wi thi n wetlands affects all wetland parameters adversely, except r e c h.a r g e p o t e n t i a 1 . The ability for water quality enhancement is lost s i nce waters no I onger f 1 ow through vegetation with subsequent uptake and removal of nutrients. There hydroperiod is adversely affected when wetlands are drai ned. With the loss of vegetative cover, the drawdown of water and the pl anti ng of agri cul tural crops that have higher evapotranspiration r a t e s , evapotranspiration is increased. Normal a n d storm water storage capacity is a d v e r s e 1 y affected, since water levels must be 'h e 1 d artificially low to accommodate agricultural crops . W i t h 1 owered water tables and loss of storage capacity, recharge potential can be moderately reduced. Al I three biological parameters are adversely affected with the loss of naturally o c c u r r i n g v e g e t a t i o n . W i 1 d I i f e t h a t d e p e n d o n t h e v e g e t a t i o n f o r f o o d a n d co v er must seek these elsewhere. Both life form richness and gross primary produ'cti on ar@ lost with the removal of vegetation. T h e production of agricultural or horticultural crops in areas adjacent to wetl7anus has moderate effects upon water q ual i ty enhancement, since runoff from agricultural areas may carry high nutri ent 1 oads ; hydroperiod, since drai nage i n adjacent areas can both decrease and increase n o r m a 1 and storm water runoff flow s ; a n d , w i I d I i f e u t i I i z a t i o n b e c a u s e of I oss of habi tat, no i s e and alterations of hydroperi od associ ated wi th drai nage i n surrounding lands. Harvesting of Timber and Wood Products The harvesting of timber from wetl and communities usually has only moderate effects on p a r a m e t e r s of importance. Generally, adverse effects of machinery are relatively temporary, unless major drainage.and.the buil ding of tramways or elevated roadways are done within the wetland. Wherever possi bl e, the harveLsting of timber should be carri ed out with a minimum amount of heavy machinery and no drainage of the wetland should be a 11 owed p r i o r to h a r v e s t i n g T h e only communiti es that have enough commercially viable timber are cypress wetlands, some hydri c hammocks and some mixed hardwood swamps. If selective harvesting is done within these systems, then enough vegetation remains after harvesting to carry on important functions. If clear-cutting timber is done, ef f ects are more adverse and total disruption of functions is.possible. Since selective harvesting leaves much vegetation to carry out important functions and since the disruptions during t h e harvesting activity are oqly temporary, moderate affects result for water quality enhancement, hydroperiod and evapotranspiration; other parameters show nominal impacts. Wildlife utilization is adversely affected as wildlife for the inost part 1 eave the area after harvesting. Life form richness is adversely affected with the cutting o f dominant tree speci es and the "trampling",,of understory vegetation. Gross primary production is adversely affected, since some vegetation is harvested and much is trampled. The harvesting of t i m b e r and wood products in areas adjacent to wetlands has moderate impacts on water qual i ty enhancement, since vegetative cover is removed and runoff is increased, carrying higher loads of sediments, o r g a n i c 9@ 2. matter and nutrients; on hydroperiod, due in part to increascd runoff; and on wildlife utilization, since the removal of vegetation surrounding wetland m a y c a u s e disruption of feeding, breeding and other activities of wildlifk: that may utilize :these adjacent areas. Cultivating_Naturally Occurri_12 Agricultural or Horticultural Products The cultivation of naturally occurring vegetati*on requi res that most wetl and parameters remai n i n an una 1 t e r ed cond-ition, s i n c e t he vegetati on to be cu I ti vated i s nati ve to these conditions . However, water quality enhancement may b e m o d e r a t e 1 y affected, as are hydroperiods, since cultivation within wetlands by necessity may limit these two parameters. Normal storage capacity is generally little affected, but storm storage capacity may be limited, s i n c e t h e s t o r age of storm water runoff m-ay conflict with c u 1 t i -Y a t i on i n wetlands. Soil matri x i s g e n e r a 1 1 y unchanged ; thus, rech arge potential is little affected. Evapotranspiration rates are not affected. Wildlife uti lizati o n - richness of life forms and gross primary production are moderately affected, since some vegetation is removed and frequent presence of people may interfere with wildlife use. T h e r e are only nominal i.mpacts associated with c u 1 t i v a t i n g n a t u r 'a I I y o c c u r r i n g a g r i c u 1 t u r a I o r h o r t i c u 1 t u r a 1 products in areas adjacent to wetland c ommu n i t i es Scenic, Historic, Wildlife or ScienE"ifi@c Preserves The use of wetl and communities for preserves has no adverse effects on parameters of importance. However, t h e r e may be some mod-erate effects concerning s.torm water storage capacity, since high water levels associated with storm water storage may conflict with intended use as a preserve. Wi Idlife uti I izati-on may be moderately af fected due to the c o n t i n u a 1 presence of people or high volumes.of people that are asso ciated with scenic and historic preserves. 93 Maintenance (Minor) or Emergency Repair to Txisting Structures or Improved Areas Minor repairs and/or emergency- -,!pa Iirs-are activities where use of structures does not chunge and/or there is no addi tion to the structure or improved area. Such activities wi I I have I i ttl e adverse impact beyond thos.e i mpacts a 1 re'ady experienced due to the presence of the structure. W i 1 d 1 i f e use may be moderately affected i f r e p a i r s f' e q u i r e construction equipment, since the noise levels associated with construction activity may result in wildlife leaving the area. Removing Natural Products of Wetlands in the Process of Recreation or Commercial Fishing, Aquaculture, Hunting or Trapping and Creation and Maintenance of Temporary Blinds The use of wetland communities for the above is regulated by other agencies of the federal , state and local governments andi as such, generally has nominal adverse impacts on the parameters of importance. Cleared Walking Trails Having No Structural Components @Ieared walking trai Is have a nominal impact on all parameters of wetland communities, since the area of cleared vegetation i s minor when compared to the total area of the wetla.nd community. Timber Catwalks and-.Docks Less Than Four Fe-et Wide Most of the impact associated with catwalks is'a result of construction activities disrupting wet.1 and structure a n d f u n c t i o n . The trampling of vegetation and the disruption of .normal wildlife activities are the most serious impacts d u r i n g c o n s t r u c t i o n . Once construction is comol ete, smal I catwalks have only nominal impact on overal I s L r u c t u r e a n d function.- Moderate impacts may be experienced by all three biological parameters, since construction activities may have impact causing wildlife to leave, altering life forms present a n d r e d u c i n g g r o s s primary production through trampling and shading- 94 Timber Catwalks and Docks Greater Than-Four Feet Wide Large catwalks and docks may impede water flow, having moderate impact on w a.t e r q u a 1 i ty e n h a n c e m e n t a n d evapotranspi ration. Biological functions may be moderately impacted from both construction activities and the long-term presence of a large.structure within the habitat. Establishing Plantings The pl anti ng of non-nati ve wetland species requires that moqt wetland parameters be changed to accommodate pl ant speci *es that cannot tolerate wet and/or submerged conditions. Thus, such plantings have the potential to moderately af f ect al I physical parameters except recharge potential. In most cases, the planting of non-wetland species is accomp lished by depositing fill material so that root systems are above water levels. If the plantings are to be wetland species, then the degree of impact is related to the areal extent of planting. Biological parameters may be moderately impacted, since the activity may cause wildlife to leave, alter life form richness and change gross primary production. Substantial Restoration or Reconstruction or Modification of Exist7in-g Structures Major repair, modification or restoration is identified as a change in use, or modifications, r e p a i r s , etc . , t h a t cost at least ten percent of the physical value of the structure and do not i ncrease the area of structure or improved a:rea. Such activit i es may have adverse impact beyond those already experienced due to the presence of the existing structure. The magnitude of impact is related to the degree of modification, resto r a t i o n r e p a i r o r reconstruction and the eventual use of th e structure. Construction or Modification of Mosquito Control or "Drainage" Ditches The construction of mosquito control and drainage- ditches is speci f.i cal ly i ntended to I ower water I evel s w-ithin wetland systems. Whether di tches are constructed within the wetland community or adjacent to the wetland, t h e net resu I t i s the same , but may differ in magni tude--al 1 95 physical parameters are adversely affected as is w i 1 d I i f e utilization and gross primary production. L i fe f o rm richness is moderately affected, since drainage may result i n s u c c e s s i o n. t o a more terrestrial commu-n;ty witri subsequent Chaages in type-s of life forms Itnd gross ,rimary production. Drainage ditches constructed in areas adjacent 't o wetlands alter quantity and quality of s-urface wirter flows, th us a 11 phys i c a I parameters except-evapotranspiration are moderately affected. In addition, wildlife utilization may b e moderately affected, since the presence of heavy equipment and extensive al terati ons of ph ys i c a l parameters may drive wildlife from the area. Operation of Motorized Vehicles Including Airboats The operation of motorized vehicles within wetlands can have a major impact on wildlife, depending on the frequency of occurrence. Continual disturbance caused by high noise levels may drive wildlife from the area and interfer with n o r m a I breeding, feeding and other activities. Even in areas ad@acent to wetlands, if noise generated by motorized v e h i c I e s i s sufficient, wildlife can be adversely affected. Oil contamination of waters from exhaust of motorized boats can be significant, causing a degradation of water quality (t@he potential for moderate effect) and stress to water fowl .. The operation. of motorized vehicles in areas adjacent to wetlands can have moderate impact on wildlife, since high n o i s e I e v e I s in these adjacent areas can interfere with normal breeding, feeding'and other activities. 'Expansion of Existing Structures or Improved Areas Expansion of existing structures is defined as any addition to structure that represents an i n c r e a s e i n t o t a 1 enclosed floor space, roofed floor space, un-covered d e c k s , or slabs in excess of ten percent of the exi'sting f I o c r s p a c e o r that cost of total of at least ten percent of the physical value of the existing structure, whichever is lower. The expansion of improved areas is defined as any activity such as the depositi on of f i 1 1 mat er i al , n e w road work, d r e d 9 i n g , impounding, or the clearing of vegetation that represents an increase in area of "improvement" of at least ten percent of the area presently in the "improved state". 96 Such activities may have adversg impact beyond tho-se, already experienced because of the presence of the existing structure or improved area and the magnitude is related to the present and intended use of the s tru c ture or i mpr-a.ved- area and specific construction activities. Dredging of Any Kind Other Than for. Mosquito Control or Drainage Ditches Dredging is defined as: to di g , gather or pul 1 out soi 1 , organi c matter , peat or muck f rom th e g rou nd s urf ace of b e 1 ow th e g rou nd s u rf ace wi thi n a wetl and or adjacent area. Dredgi ng of materi al f rom a wetl and comm u n i ty -h as an o v e r a I I ad ver s a i mpact on al *I parameters by lowering water tables, interrupting surface water flows, reducing potential rec h arge an d a 7 ter ing hydroperiod . In addition, depending on the degree of dredgi ng, wi 1 dl i fe, 1 if e f orm r i ch n es s and gross primary production are adversely affected. Dredging in areas adjacent to wetlands has moderate impact on al I parameters , the degree of impact d epen d i ng on t1he magnitude of the dredging activity, to pogr aphy and groundwater conditions present. Discharge of Domestic, Agricultural or Tndustrial Waste (Pursuant to DER Permit) or the Di6scharge of Storm Runoff Water.s From Adjacent Land The discharge of effluents into wetland communities is s t i I I c o n s i dered to be experimental b y t h e F I ,o r i d a Departmen t of E n v i ronmental Regul ati on and speci al permi ts from DER are required. It is felt that any discharges of sewage effl uent should be permitted by the local government agency as we] 1, since there are moderate impacts assoc i ated w i t h s u c h a c t i o n s . Al I phys i cal parameters except evapotranspiration are affected with the increase of water I e v el s due to the quan ti ty of. water rel eased and t h e increased nutrient load. B i o 1 o g i c a 1 parameters are also a f f e c t e d , s i n c e i n c r e a s e d n u t r i e n t I o a d i n g g e n e r a 1 1 y increases gross primary production, changes types of I i f e forms present, increases the utilization by wildlife and may change species of wildlife attracted to the wetland. The discharge of wastes in areas adjacent to wetl and has n ominal impact upon all parameters, unless the discharge requires extensive alteration of the area in.which case, one 97 i s d i r e c t e d t o a 1 1 a s s o c a t e d activities for the determinati-on of specific impacts. Bulkheadin.S Bulkheading is defined as the construction of any structure, partition, retaining wall, or earthen mound that interrupts, resists, directs, or shuts off the natural flow of surface water . B u 1 k h e a d s can be used to accomplish either of *two tasks, impound water or restrict the flow of water and either task has an adverse impact on most physi cal parameters of importance. The net result of bulkheading is an alteration of the quantity of water flow and water storage, thus adversely affecting water quality enhancement, hydroperiod and storage capacities. Impoundment results in too much water, lengthening hydroperiod, reducing potential water quality enhancement and affecting evapotranspiration. Deeper water and longer hydroperiods w.ill severely stress some wetland vegetati on not adapted to such conditions because each wetland 'community type has very specific water depth requirements and hydroperiods. All biological parameters are modera'tely impacted, since bulkheading will not necessarily kill the community completely, but only cause shifts in floristic and wil.dlife s p e c i e s Bulkheads in areas adjacent to wetlands can rbduce the total volume of surface -water flow received, having an adverse effect' on hydroperiod and storage capacity with moderate effects on water quality enhancement and potential recharge. In the same manner, biological parameters are moderately affected, since reduced surface water flows will cause shifts in species composition to species that are more tolerant to the dryer conditions. Filling Other Than in Conjunction With Construction of Permitted Structures or T-mproved Areas and/or Greater Than 10% of Wetland Area Within Property Boundary Fi I I i n g is d ef i n ed as the deposition of soil rock, riprap, organic matter, or any other material t h a t r e s u 1 t s in r a i si n g the ground surface elevation. The net result of filling wetlands is the alteration of hydrologi c c o n d i t i o n s to s u c h an extent as to create upland conditions (i.e., dry land) where wetland conditions prevailed. Thus , the impact is adverse on most physical parameters. Water quality 9 8 enhancement- ' hyd roper i od , storage capacity and recharge potential are adversely affected, since ground levels are r a i -, e d a n d w e t 1 a n d v e g e t a t i o n i s e i m i n a t e d . Evapotranspiration is moderately affected, s i nce in some cases evapotranspiration may be increased due "Zo changes in vegetation. Adverse effects are experien c e d by a 1 1 b i o 1 o g i c a I parameters, since vegetation is el i m inated and most physical parameters have been changed. Filling in areas adjacent to wetlands has moderate impact on all physi-cal parameters, since quality and quantity of surface water flows may be altered. The impacts associ.ated with filling in adjacent areas on biological parameters are nominal, since this activity may have only indirect effect s on these parameters. Use of Any Pesticide or Herbicide Pesticides and herbicides have negative impact on the biological components of wetland communities. Wildlife iS adversely affected from the@ actions of pesticides and life form richness and gross primary production are adversely affected from the actions of herbicides. With the adverse effects* of h e r b i c i d e s of P 1 a n t 1 i f e , t h e r e is a c o r r e s p o n d i n g ad verse effect on evapotranspiration corresponding adverse effect on evapotranspiration and water q.uality enhancement. Recharge potential is affected adversely, since the recharge of waters contaminated with pesticides and herbicides represents a serious threat to health safety. Other parameters show only nominal impacts. The use of pesticides and herbicides in areas adjacent to wetlands may have adverse to moderate 'impacts depending on the runoff characteristics of these surrounding areas, t h u s i m p a c t s f o r w a t e r q u a 1 i t y e n h a n c e m e n t evapotranspiration and biological parameters are moderate. Installation of Utilities Utilities used in this context refer to electrical t-ransmission lir,@s, sewage lines, storm water lines, potable water supply lines and associated access roads necessary for maintenance. S u c h utility s .ystems in themselves c a u s e moderate impact to wetland communities. Transmission lines have minor structures that touch the ground, thus, impact is relatively small . Other utility systems that are below ground have impact during construction, since there i s muc h dig ging, however, once in place, the vegetation and original 99 contour-s reestablished, little long-term impact is realized. The major problem with utility systems traversing wetl and co'mmuni ties is the access road that must accompany the system. Usually, fill material is dug directly from either tne wetl and site or an adjacent site and deposited to develop a roadbed. The digging and filling can cause iaajor impact in itself and have 'long-term impact through impeding surface water flows, impounding w-aters and a 1 t e r i n g hydroperiods. In this respect,- the roads are much like bulkheads. Water quality enhancement is adversely impacted, as in hydroperiod and storage capacity. Evapotranspiration a n d recharge potential are moderately affected, since vegetation is not severely altered and the wetland can still act as a dry season recharge systjem. All biological parameters are moderately impacted, since the roads are like bulkheads, n ot k i 1 1 i n g t h e commu n i ty comp 1 ete 1 y , b ut causi ng shi f ts in the f 1 o r i s t i c and wildlife composition of the wetland. The roads that accompany utility systems and the system itself , when constructed i n areas adjacent to wetl and communities, generally do not impede surface water flows, thus have nominal impact. For the most part, roads on th ese dryer lands do not act as bulkheads, since they are. not constructed specifically to surround a wetland community and c an b e d e s i g ned and constr7c@tedwi th cul verts i n suf f i ci ent size and quantity to insure that@ waters are not impounded or impeded. Filling Less Than or Equal to 10% of Wetland Area Within Property Boundary Filling is defined as the deposition of soil, rock, riprap, organic matter, or any other material that results in raising the ground surface elevation. If the area of fill i s kept at 10% of the area of wetl and , if every precaut i o n i s t a k e n t o m i n.i m i z e disturbance of surround u n a 1 te red areas and if roads and filled c@,;-eas are designed so as not to impede, interrupt,' or otherwise negatively affect surface water flows, impacts associated with a 10% reduction in wetland community areas will be moderate concerning all parameters as long as secondary impacts are minimized- and great care is taken to i n s u r e t h a t t h e r e i s n o long-term degradation of a larger area of the wetland. 100 Filling in areas adjacent to wetlands has moderate impact on all physical parameters, since quality of surface water flows may be altered. The impacts associated with filling in adjacent areas on biological parameters are n omi n a 1 , since this activity may have o-n'ly indirect effects on these parameters. Clearing of Vegetation in Conjunction With the Construction of Pi-F-mitted Structures The clearing of ve'getation within wetland communities where the area of clearing is not greater than 10% of the wetlan-d within the property boundaries will have moderate impacts on all parameters for the community as a whole. A los s of 10% of the structure of any community will have some impact on physical and biological parameters, but in the long run, the associated stress will not be of sufficient magnitude to disrupt functional values completely. It is imperative, however, that the area of clearing not be greater than 10% and that the sum of al 1 disturbed land, whether filled, cleared or otherwise altered, not'be greater than 10% of the wetland area within the property boundary. Greater care must be taken to insure that disruption of surrounding unaltered vegetation be minimized and that the cl eari ng operati ons do not I eave debri s spoil or other matter that wil I negatively impact surf ace water f I ows i n surrounding areas of the wetland community. Cleari ng i n areas adjacent to wetl ands wi I I have moderate impact on physical parameters , since the quality and quantity of surf ace water flows may be altered. The impacts associated with c I e a r i n g i n adjacent areas. a r e nomi nal , s ince this activity may have only indirect effects on these parameters. Construction of Permitted Structures The construction of permitted structures will have moderate impact on all parameters , depend i n g on t h e m a g n i tude of construction activity. Impcts may be greatly reduced if structures have elevation on pilings rather than situated on f i I I e d 1 a n d s . Associated improved areas that must be fi 11 ed are the main s o u r c e o f n e g a t i v e i alp act . Long-term impact as a result of the maintenance of improved a r e a s a n d runoff from 1 awn s a n d p a r k i n g I o t s c a n b e mi n i mi zed i f filled areas are kept to a minimum. At no time .101 should the area of filled roads, access drives, docks, catwalks, decks and all other disturbed areas be greater than 10% of the wetlands within the property boundary. e c o n s t r o c t i o n of permitted structures in a.-Pas adjacent to wetlands has rtominal impact on al I parameters. However, a 1 1 other development activities associated with construction may have moderate to adverse i mpac.t and each development activity should be consulted separately. Installation of Septic Tanks The use of septic tanks in wetlands can have adverse impacts on the ability of the wetland to enhance water quality if concentrations of sewage are too large or if the .vegetation and drainage characteristics of the wetlands are al tered to such an extent that vegetation can ' no longer serve the function of nutrient uptake. This can occur ei ther by vegetati on removal or by channelization of water flow through the wetland. Other parameters are moderately affected, with the degree of impact related to the size and density of the septic tank. Septic tanks in adjacent area's to wetlands have only nominal impact upon wetland parameters, wit,h the exception of water quality enhancement and hydroperiod, which may be moderately affected because of increased nutrient loads and water inputs. Installation of Storm Water Retention Basins Because of the increased volume of water and because of the loss of vegetation and the dredging necessary to ins tall such systems within -wetlands, there is an adverse impact on .-Il parameters. Most wetland communities a c t as "natural" sto rm water retention areas and filters, but these functions can be severely impaired if altered through dredging and/or channelization to "improve" water holding capacity or flow. The most advantageous system is to construct retention basins adjacenL to wetlands to collect runoff waters and then release them slowly to the receiving wetland. The impacts associated wi th the installation of such storm water systems in a d j a c e n t lands are for the most part nominal if runoff wat-ers are not seriously degraded in quality such as those that may come from some industrial and commercial land uses. Water quality enhancement and hydroperiod are 102 moderately affected with the increased quantity of water, and accompanying nutrients and other po.llutants. .Storage, Use or Disposal of Any Hazardous Material: Because of the nature of wetlands as interface systems between uplands and both surface water and groundwater, t h e potential for serious impact resulting from hazardous materials use, storage or disposal within wetlands i s very great. The potential for water quality enhancement, potential recharge, wildlife and gross primary production can al I experience adverse impacts. Nominal effects are experienced by other physical parameters, since these activities do not impact them directly. Life form richness may be moderately affected, since such activities may cause loss of vegetation depending on the specific activity and material involved. The use, storage and/or disposal of hazardous materials in areas adjacent to wetlands has the same impacts as these s a m e activities within the wetland, since hazardous materials tend to have long life and great mobility when released in the environment. Solid.Waste Di sposal Th e u s e of wetl and communi ti es and adjacent areas f or the di sposal of solid wastes can h ave obvious adverse ef f ec t s on t h e s t ructure of f uncti on of these communi ti es . The deposition of potential hazardous -m a t e r i a I wi th i n or adjacent to wetlands, as discussed in the previous activity, can have severe impact upon surf ace water and groundwater systems In addi ti on , dredging for 1 an df i 11 p u r p o s e s destroys al I wetl and f uncti ons when done wi thi n the we t 1 and an d c an h av e ad v ers e i m-p ac t s on physi cal parameters when done in adjacent areas . Lowered water levels, 1 o s s o f surface water supplies ( i n some cases) , and increases in surface water runof f ( i n other cases ) a 1 1 contribute to adverse impacts. Si n c e the materials deposited in solid waste disposal areas are not entirely made up of hazardous mater i a I s , t h e impacts assoc i ated with the use of adjacent areas as waste disposal sites are not as severe as mentioned concerning the d i s p-o s a I o f hazard-ous materials; as a consequence, moderate impacts are expected for recharge potential and wildlife u t i I i z a t i o n . Moderate impacts are also expected for.normal 103 and. storm water storage capacity, as the activities of dredging and filling in adjacent areas may increase surface water runof' and/or decrease grounl@water flows. 104 I I I I I I I I I I I I I I RECOMMENDED BES.T MANAGEMENT PRACTICES I I . BY TYPE OF WETLAND 1 105 I I I I t t I - I I I I I., I I I I I 1 106 1 I I RECOMMENDED BEST MANAGEMENT PRACTICES BY TYPE OF WETLAND Introduction This section is a guide' to what is considered best management practices for land use in and adjacent t6 wetlands. The wetlands discussed in -this guide are the wetland types referred to in the 2005 Comprehensive Plan for Jacksonville. It is intended that this guide be used in making present and future land use decisions regarding development in and adjacent to wetlands. Freshwater Marsh (Shallow and Deep Water) Shallow and deep water marshes vary in dominant plant species, but both marshes have water of di f f eren.t depths @resent all-year round . The majority of activities are incompatible within freshwater marsh systems. S o m e ac t i v i ti es can be tol erated i f certai n precauti ons are. taken to safeguard the function of the marsh. The following activities are generally conside'red to be incompatible with maintaining the functional integrity of freshwater marshes: Product.ion of agricultural or horticultural crops. Construction or modification of mosquito control or drai nage di tches . Dredging of any type. 107 Construction of bulkheading fitting an area greater than 10% of the property. Use of pesticides or herbi..;,*.des. Installation of ut-ilities. Installation of st.orm water retention basins. Storage - use or disposal of any hazardous material. Solid waste disposal sites. The majority of the preceding activities cause an interruption- or severe change in the hydrologic reg i me that will damage or destroy the function of the marsh. Both dredging and filling activities not only affect the hydrologic regime of the marsh, but also destroy the vegetation and disrupt the soil layers. Soil and hazardous waste disposal also tends to disrupt the vegetation as well as the hydrologic regime. There are also several activities that @re compatible with freshwater marshes and can be pursued with 1 i t t 1 e adverse affect on these wetlands. They include: Use of marshes for scenic, historic, wildlife or scientific preserVes. minor maintenance or emergency repair to existing structures or improved areas. Removing natural products of wetlands in the process of recreati.on or commercial fishing, aquaculture, hunting or _t,rap-ping. Cleared walking trails having no structural components. Timbered catwalks and docks less than and greater than 4 feet wide. The following are activities that are compatible with f reshwater marsh es a s 1 o n ga sc e r t a i n precautions-and criteria are followed when engaging in these activities. 108 The cultivation of naturally occurring agricultural or h o r t i c u I t u r a Iproducts is an acceptab I e acti vi ty in m a r s h es as long as the following criteria are met: There.shall be no construction of drainage ditches, berms, bulkheads (Y-r filling of any kind. There shall be no diversion or impoundment of water. There shall be no clear-cutting of vegetation. Harvesting or cutting of vegetation shall not exceed 10% of the area per year. Are'as previously har- vested shall be revegetated and left untouched for not less than 10 years. Establishing planting within marshes is compatible with the marsh as long as certain criteria are met. These are: The planting shall not to exceed 10% of the wetland area within the property boundary. There will be no drainage of surface or ground water. A buffer 100 feet wide of natural unaltered vegetation will be left between the areas to be planted on any surface water or natural drainageway. Substantial restoration, reconstruction or modifi- cation of structures and improved areas require adherence to certain criteria before these acti- vities can be take place in freshwater marshes. These include: Roads or dikes must he designed in such a way that natural surface water flow is not impounded or impeded. Total filled or improved areas shall not exceed 10% of the wetland within the pro- perty boundary. Use of heavy equipment shall be minimized. Caution must also be exercised in the operation ot motorized vehicles including airboats. When these 109 activities take place in marshes, certain criteria'' should be followed: The operation of tprrestria':4 and all terrain vehicles (i.e., jeers, swamp buggi.es and the like) shal1 be prohibited. Operation of airboats shall occur only during the normal rainy or high water season (usual- ly May - October). Expansion of e@isting structures in marsh areas must also meet certain criteria. Total filled area (including what exists) shall not exceed 10% of the wetland within the property boundaries. All roads or other improvements shall not impede, interrupt or impound surface or runoff water. The use of heavy equipment shall be mini- mized. All additions or new structures shall con- form to flood prone regulations. In the absence of these regulations, struct'ures should be built 3 feet above established -high water lines or 9 feet from th4e natural ground surface. Discharge of agricultural, domestic or industrial waste into marshes can be tolerated by the system under certain circumstances and if the following criteria are met: When possible, it is preferable that wet- lands used for receiving domestic and agricultural waste water be isolated wetlands. Discharge of industrial effluent shall be isolated wetlands only.. We-lands with a hydrologic connection shall not be used. There shall be no discharg6 of industrial waste containing concentrations of heavy 110 metals or toxic substances in excess of established*state and federal guidelines into marsh areas. Discharge of agricultural wastewater con- taining Pes-ticides or herbicides in excess of state or federal requirements shall be prohibited. The capacity of the marsh to receive effluent shall be calculated to determine the amount of effluent the marsh is Capable of retaining and not alter seasonal fluctua- tions. (These areas-should not receive excess water in the wet season or dry season.) Water levels should not be in- creased more than 10% above normal. Marshes with hydrologic connections used for agriculture and domestic discharge should have discharge points located so the effluent is retained within the wet- land for the necessary time needed to filter and remove pollutants. Discharge of waste and stormwater runoff should not he channelized. Systems should be designed and utilized so waste water is pro'perly filtered and exposed-to the natural cleansing process. The discharge of excess storm water runoff shall not be excessive in volume or velocity. Where volume or velocity can be expected to- be excessive after a rain fall event, reten- tion ponds shall be.constructed on uplands to receive storm water runoff, allow some sett- ling of-sediments and slowly release the waters to the wetlands. The dis;charge of storm water runoff from industrial or commercial land uses shall first be to retention basin (pond) con- structed on uplands and seeded or vege- tated with wetland species. Storm waters may then be released to wetlands. Filling an area less than or equal to 10% of the wetland within the bo.undary of the property can be compatible with marsh system if certain cri- teria are followed: shall be in conjun@Lion with the construction of permitted structures and associated access roads, yards and septic tanks only, The area of fill and all other improved areas, excavations, cleared areas, decks, catwalks and area of structures shall not exceed 10% of the wetland within the pro- perty boundary. The fill material shall be "clean fill" and noi garbage, refuse, toxic or con-taminated material, or any other material that through the actions of soil water leaching may cause a degradation of surface.water and ground water quality. Any filled roads or improved areas shall neither impound nor'impdde surface water flows within wetlands. Roads and other improved areas shall be constructed so as to not impede, interrupt or impound normal or storm surface water flows. Precautions shall be taken to minimize disruption of the surrounding wetland and surface water bodies. During construction, turbidity screens and any other means neces- sary to minimize siltation, sedimentation, and/or erosion shall be used at all times and left in place for a period of tim 'e sufficient for stabilization of the area. A bu ffer strip fifty (50) feet wide of natural undisturbed vegetation shall be maintained between filled areas and any surface water body. Timbered catwalks wider than 4 feet can be compat- ible with marsh systems as long as certain criteria are followed. They include: The structure and foundation system of the 112 catwalk or dock shall be designed so as not to impede, interrupt or impound surface water f I ows Construction shall take place onl) during the dry season-(usually from October through May-) The use of heavy equipment shall be mini- miz.ed. Any clearing of vegetation shall be confined to the immediate right-of-way of the catwalk or dock and shall not exceed a width equal to the width of the catwalk or dock plus five (5) feet to either side. There shall be no temporary filling of the wetland for construction or any other pur- poses except in those wetlands where filling is permitted. All pilings shall be driven to desired depth and shall not be.jetted into the soil. Clearing-vegetation in conjunction with the con- str-uction of permitted structures can be an activity that is compatible with marshes, as long as these criteria are followed: - The acti-vity shall be carried out during the normal dry season (usually October through May) only. The area of clearing and all other areas of fill, access roads, docks, catwalks, struc- tures and improved areas shall not exceed 10% of the wetland within the property. All materials that are cleared from the wetland shall be removed from the site and n-ot piled or windrowed with-in the wet- land community. Precautions shall be taken to minimize impacts to surrounding vegetation. During clearing operations turbidity screens and any other means necessary to minimize silt- ation, sedimentation and/or erosion shall be used at all times and left in place for 113 a period of time sufficient for stabilized conditions to develop in the cleared area. A buffer strip fifty (50) feet wiHa of natural undisturbed vegetdtion shr@'il be maintained--between.clearea areas and any surface water body. Clearing shall be carried out only in conjunction with the construction of permitted structures. Mixed Hardwood Swamp These areas are basical 1 y forested wetlands, dominated by a mixture of deciduous hardwood trees. There are several activities that are not compatible with the maintenance of the natural function and integrity of this type of wetland. They include: Production of agricultural and horticultural c r o p s . Harvesting of timber and wood produ-cts. Ctnstruction or-modification of mosquito control Sys tems or drainage ditches. Dredging of any kind, with the exception of mosquito control or drainage ditches. Use of pesticides and herbicides. Ins tallation of storm water retention areas. Storage, disposal or use of hazardous materials. Solid waste disposal sites. The ma"Jor i ty of these activities wi I I have an a6,,erse affect on the hardwood swamps because of the alteration to th-e hydrologic regime of the area. p-e ticides will damage and Dredging, filling and use of @e@@t destroy vegetation and in some instan'@4s the general gua lity and number of life forms in the area. 114 There are also large numbers of activi Ttes that can be conducted in hardwood swamps without adversely affecting the area. These include: The use of hardwood swamps for scenic, historic, wild0fe or scientific preserves. Minor maintenance.or repair of existing structures. Removal of natural' products in c onjunction with recreation, commercial fishing, hunting, trapping and aquaculture. Cleared walking trails with no structural com- ponents. Timbered catwalks greater than 4 feet wide and less than 4 feet wide. Operation of motorized vehi-cles. There are also various activities that are allowable in hardwood swamps as long as certain criteri-a are adhered to and certain performance standards are f o 1 1 owed . These include the following: Cultivation of naturally occurring vegetation is an acceptable activity as long as certain criteria are f o 11 owed : There shall be no construction of drainage ditches, berms, or bulkheads nor filling of the area. There shall be no diversion nor impoundment uf water. Th ere shall be no clear-cutting of vegeta- tion. Harvesting or cutting of-vegetation, if necessary, should be done at a rate of 10% of-the total wetland area per year and those areas previously harvested shall be reseeded or revegetated and left untouched for a period of not less than 10 years. Established plantings are an acceptable activity in hardwood swamps as long as they meet certain per- 115 formance criteria: The area of planting shall not excec@: 1.0% of 'the area of each wetland or wetland area Iffected withih,the property boundary. There shall be n-o drainage of surface oater or ground water. A buffer strip one hundred (100) feet wide of natural, unaltered vegetation shall be left between the established planting and any sur- face water body or natural drainage system. Substantial restoration, reconstruction or modifica- tion of existing structures and improved areas can be an activity that is compatible within hardwood swamps as long as certain criteri-a arefollowed: Any reconstruction, restoration or modifi- cation of filled roads or dikes must be designed such that natural surface water flows are not.impounded or impeded. Total filled or improved area shall not exceed 10% of the wetland within the property boundary. The use of heavy equipment shall be min- i mi zed. Expansion of existing structu@es or improved areas can be compatible within hardwood swamps, as long as established criteria are followed: Total filled areas (including existing filled areas) shall not exceed 10% of the wetland area-wit'hin the @roperty hound,.,ries.- Any filled roads or other improved areas shall not impede or impound water flow with- in the wetland. The use of heavy equipment shall be mini- mJ zed . All additions or new structures shall be designed to conform to flood-prone regu- 116 lations. In the absence of these regula- tio ns, structures sh@all be constructed so that the floor level is 3 fecat above estab- lished high watpr elevations or eight feet above the ground. The d i'scharge of domestic, agricultural, industrial waste and storm runoff is acceptable in hardwood swamps as long as certain precautions and criteria are met: When possible, it is preferable that wet- lands used for receiving domestic and agricultural waste water be isolated wet- I ands . Discharge of industrial effluent shall be to isolated wetlands only. Wetlands with a hydrologic connection shall not be used. There shall be no discharge of industrial waste waters containing concentrations of heavy metal.s or toxic substances that exceed state and federal.guidelines. There shall be no discharge of agricultural waste waters containing pesticides and he-rb-' icides that exceed state and federal guide- nes . The capacity'of the hardwood swamp to receive effluent shall be calculated to determine the amount of effluent the swamp can assimil-ate and not alter its natural seasonal wet and dry cycle. 'Water levels should not be in- creased 10% above normal. Hardwood swamps with direct hydrologic con- nections to surface waters used for agricul-_ ture and domestic effluent discharge shou,ld have discharge points located so that efflu- ent is retained within the wetland for the necessary time needed to filter and remove pollutants. Discharge of waste and storm water runoff should not be channelized. Systems should be designed and utilized so wastewater flows 117 through wetlands with*sufficient retention or residence time so water is properly filtered and exposed to the natural cleansing proces--.-J. The !-!:.-,harge of excess' storm water runoff shall not be excessive in volume or ' velocity. Where volume or velocity can be expected to be excessive after a rainfall event, reten- tion ponds shall be constructed on uplands to receive storm water runoff, allow some settli-ng of sediments and slowly release waters to the wetland. The discharge of storm water runoff from industrial or commercial land uses shall first be to a retention basic (pond) con- structed on uplands and seeded or vegetated with wetland species. Storm waters may then be released to wetlands. Bulkheading within,hardwood swamps can be a compat- ible activity as long as ce-rtain criteria are f ol lowed Bulkhead's shall be constructed for the pur- poses of protecting structures or improved areas from potential flood waters only. All' other purposes are deemed inappropriate. Bulkheads that impound waters, raising water levels within the wetland above normal storm water storage lev-els as determined by the County Engineer shall be prohibited. Bulkheads constructed for the purposes of diver@ting, impeding, or excluding natural surface water inflow to a wetland or outflow from a wetland shall be prohibited. The use of heavy equipment during construc- tion-shall be minimized. The installation of utilities can be an acce ptable activity within h4@'dw'ood swamps as long as certain criteria are adhered to: The installation Pf utilities including roads shall conform to all performance criteria 118 given for specific activities that are assoc- iated with the installation. Where filling, dredging and/or bulkheading are incompatible, utility systems and roads shall be el:evated so'-the.natural hydrologic regime is not interrupted. Areas cleared as rights-of-way or eas - ements shall not be greater than 10% of the wet- land area-within the property boundary., In wetlands where dredging, filling or bulk- heading is compatible subject to meeting certain criteria, the utility system or road shall not impede, interrupt or impound normal surface water flows. In these wet- lands, utility systems and roads shall be constructed so as not to impede, interrupt or impound normal or storm surface water f I ows . Every care shall be taken to minimize dis- ruption of thesurrounding wetland and sur- face water bodies. During construction, turbidity screens and any other means nec- essary to minimize siltation, sedimentation, and/or erosion shall be used at all times, and left in place for a period of time suf- ficient for stabilization of the area. Filling an area less than or equal to 10% of the wetland system will not unduly disrupt the function of the system as long as proper caution and mitiga- tion procedures are followed: Filling shall be in conjunction with the construction of permitted structures and associated access roads, yards and septic tanks only. The area of fill and all other impr'oved areas, excav-atio.ns, cleared areas, decks, catwalks and area of structures shall not exceed 10% of the wetland within the pro- perty boundary. The fill material shall be "clean fill" and 1 19 not garbage, refuse, toxic or contaminated material,.or any other mater.ial that through the'actions of so 'il water leaching may cause a degradation of surface water and ground water quali t -!, Any roads or improved areas shall neither impound or i-mpede surface water flows with- in wetlands. Roads and other improved areas shall be constructed so as to not impede, interrupt or impound normal or storm sur- face water flows. Precautions shall be taken to minimize dis- ruption of the surrounding wetland and sur- face water bodies. During construction, turbidity screens and any other means neces- sary to minimize siltation, sedimentation and/or erosion shall be used at all times and left in place for a period of time sufficient for stabilization of the area. A buffer strip fifty (50) feet wide of natural, undisturbed vegetation shall be maintained between filled areas and any surface water body. Clearing vegetation in conjunction with permitted construction can be an allo.wable activity with - in hardwood swamps as long as certain performance standards are met: The activity shall be carried out during the -normal dry.season (usually October through May) only. The area of clearing and all other areas of fill, access roads, docks, catwalks, struc- tures and improved 'areas shall n-ot exceed 10% of the wetland within the property. All materials that are cleared from the wetland shall be removed from the site and not piled or windrowed within the wetland community. Precautions shall be taken to minimize impacts to surrounding vegetation. During 120 clearing operations turbidity screens and any othe,r means necessary to minimize silt- ation, sedimentation and/or erosion shall be used at all times and left in pl,,r-.e for a period of time sufficient for stabilization of the area. A buffer strip fifty (50) feet wide of nat- ural, undisturbed vegetation shall be main- tained between cleared areas and any surface water body. Clearing shall be carried out only in con- junction with the construction of permitted structures. Construction of permitted structures are those out- lined in the local development code and they are an allowable use in hardwood swamps as long as certain criteria are met: All improved areas (including access roads, parking lots, docks, catwalks, area of structure, yards, cleared areas, retention basins, etc.) shall be no greater than 10%* of the area of the wetland within the pro- perty boundaries. If the wetland is included in lands designated as "flood-prone area", all conditions, provisions and restrictions of the flood-prone classification ordinance shall apply in addition to the performance criteria contained herein and the conditions, provisions and restrictions of the flood- prone classification ordinance shall take precPdence if it is more restrictive. If there is no flooa-prone classification, all structures will be constructed so that the finished floor elevation is at least 3 feet above the established highwater eleva- tions or the distance above natural ground is 8 f eet. The use of heavy equipment during construc- tion shall be minimized. 121 The drain age system for the improved area shall comply with the conditions, restric- tions and P@ov'isions of the drainage system design st,andards for the locality. Access roads and other improved areas shall be designe"d and located so as not to impede, interrupt, or impound normal and.storm sur- face water flows, unless the impoundment is wholly within the improved area and used for the purposes-o-f-a storm water retention basin. All retention basin requirements shall adhere to state and/or local rules, whichever is more stringent. -If the retention basin is constructed within the wetland, it is con- sidered to be part of the improved area and said area, including all roads, par@ing lots, structures, lawns, cleared areas, etc., shall not exceed 10% of the wetland within the property. The installation of septic tanks is an appropriate activity as long as certain standards are met and maintained: Septic tanks shall conform to all provisions of Duval County Health Department Regulations and/or applicable state regulations. Septic tanks shall either be elevated on filled areas such that the lowest point of the drain field is a minimum of three (3) feet above the normal high water level in the wetland or be located on suitable upland soils having proper percolation rates, and wastes shall be pumped from a holdin-g tank to this upland septic tank and drain field. The maximum number of septic tanks within wetland areas shall be one (1) per five (5) acres . Al 1 b u ta f ew of the activities previously discussed are considered allowable in areas adjacent to hardwood swamps. These few activities are allowable also, as long as certain precatitions are taken and certain standards are met. 122 Construction or modificati-on of mosquito control or drainage ditches upland or adjacent to hardwood swamps must meet certain criteria: The ditches- can be no more than 3 feet deep, measured from the ground surface. Discharge from drainage or mosquito con- trol ditches into surface waters and streams shall be discouraged. Discharge into compatible wetlands as properly designed retention ponds is preferable. The use of herbicides and pesticides in mosquito control ditches will be discour- aged . Dredging other than for mosquito control can be a compatible activity adjacent to hardwood swamps as long as certain criteria are met: Dredge areas shall not exc'eed 10% of the wetlands in the property boundaries. Disposition of dredge materials shall follow the p.erformance criteria of the wetland it is adjacent to. There shall be no direct hydr6logical connection from dredged area to surface water bodies. When an outfall from a dredge area is necessary, the outfall shall empty into a properly designed retention pond. This pond is considered part of the 10% use area. Bulkheading is also an activity that is allowable adjacent to hardwood swamps, as long as certain standards are met: Bulkheading will not be allowed if it diverts water directly into wetlands. The water should be released to simulate conditions prior to development. 123 Cypress Swam.ps/Domes,and Ponds Cypress domes and ponbs are wetland areas that can be used and included in many activities. A g a i n ,s o n, e activities tend to alter the hydrologic regime and function of these particular wetlands. Other activities can take place with certain mitigation procedures and still many other activities are perfectly compatible with these areas. There a re certain activities that are considered incompatible with the function of the cypress dome systems and are not allowable uses. They include: ProdLIction of agricultural or horticultural c r o p s . Construction or modification of mosquito control or drainage ditches. Dredging of any kind. Filling other than in conjunction with permitted, structures or areas and filling'rqore than 10% of the wetlands in property boundaries. Uses of pesticides or herbicides. Installation'of storm water retention basins. Solid waste or hazardous waste sites. There are also a large number of activities that are considered compatible with cypress swamps. These include:- Scenic, historic, wildlife or scientific preserves. Minor maintenance of existing structures and improved areas. Removal of natural products in conjunction with recreation, commercial fishing, hunting and [email protected] * i,ding. Cleared walkway trails having no structural components. 124 Timbered catwalks and docks less than 4 feet wide. Operation of notorized.veh4cles. The majority of activities normally associated with development are allowed in cypress domes and pond areas as 1 on g as cer t ai n cri teri a and standards are met-* Th i s is an effort to use these wetland areas while retain i ng thei r function and ecological value. The activities that can be compatible with these areas as long as mitigation procedures are practiced include: Harvesting of timber and wood products. The following criteria must be met: No drainage of the wetland. Harvesting shall occur only in the dry season (fall and winter). Heavy equipment will be discouraged. Only select cutting of timber. No clear- cutting will be allowed. Only trees over 8 inches at breast height can be-removed. Cultivating naturally occurring agricu-1tural pro- ducts is allowable, as long as certain criteria are m e t .They include: No construction of drainage ditches, berms, bulkheads or any filling will be allowed. There shall be no diversion orimpoundment of water. No clear-cutting of vegetation. Harvesting or cutting of vegetation when necessary will be at 10% of the wetland per year. Areas previously cut will be reseeded, if applica- ble, and left untouched for at least 10 years . Timbered catwalks wider than 4 feet are allowable uses in cypress swamps as long as the following criteria are adhered to: 125 The structure and foundation of the catwalk will not impede, interrupt or impound surface water flow. Co6struction 'will'take place only during the dry season (normally, May to October). Heavy equipment will be minimized. Clearing of vegetation will be-con- fined to 5 feet on either side of the catwalk or dock. Pilings will be driven to the soil and not jetted in the ground. Established plantings are al@o an acceptable use as long as certain criteria are met. They include: Planting shall not exceed 10% of the wetland within the property boundary. There shall be no drainage of surface or ground waters. A buffer strip of 100 feet of natural vegeta- tion shall be left between the project and any surface water or natural drainage system. Substantial restoration, reconstruction or modifica- tion of existing structur-es and imp"roved areas can be allowed in cypress domes as long as certain procedures are followed:. Any recons.truction or modification of f.illed roads.and dikes must be designed so as not to impede or impound. surface water flow. Total improved area shall not exceed 10% of the wetland within the property. Use of heavy equipment shall be minimized. -Expansion of existing structures or improved areas is allowable in cypress wetlands as long as the proper procedures are adhe'red to: 126 The total area filled cannot exceed 10% of the wet I and. Any construction, i.e., filled roads or improved ar eas cannot impound or impede surf ace water f low . Use of heavy equipment shall be minimized. All structures will be designed to conform to flood-prone regulations. Where these are absent, the structure shall be elevated 3 f-eet above the established high water mark or 7 feet above the natural ground level. Discharging domestic, agricultural, industrial, storm water runoff from adjacent.1 and into cypress swamps i s an al I owabrle activity as long as certain .criteria are met: Cypress swamps receiving this discharge sh.ould be isolated wetlands preferably. Di scharge of industrial waste water into- cypress wetlands that are hydrologically connected is prohibited. There will be no disch arge into wetlands of industrial waste water that exceeds state, local and federal standards.. - There will be no discharge of agricultural waste water into cypress wetlands if the amounts of pesticides or herbicides exceed state, local or federal guidelines. The capacity of the wetland to receive effluents should be calculated to de termine the amount of effluent the wetland is capable of retaining and still not alter- seasonal fluctuations. (These areas should not re- ceive excess water in the wet or dry season). Water levels should not increase more than 10% above normal . Cypress swamps with hydrologic connections used for agri cul ture and domestic discharge should have dis- charge points located so the effluent is retained 127 within the we.tland for the time needed to filter and remove pollutants. D4r-h3rge of waste and storm water runoff s@-,uld not be channelized. Systems should be designed and utilized so waste water flows through wetlands with sufficient retention or residence time so water is properly filtered and exposed to the natural cleasing process. The discharge of waste water and storm water runoff shall be constructed so as to avoid the channeliza-tion or establishment of a direct conduit such that waste water flows through the wetland with sufficient residence time and/or exposure to vegetation. The discharge of exces-s storm water runoff sh-all not be excessive in volume or velocity. Where volume or velocity can be expected to be excessive after a rainfall event, reten- tion ponds shall be constructed on uplands to receive storm water runoff, allow some settling of sediments and slowly release the* waters to the wetland. Bulkheading activities in cypress swamps can be a compatible activity as long as these criteria are followed: Bulkheads shall be constructed for the pu.r- pose of protecting structures or improved areas from potential floodwaters only. All other purposes are deemed inappropriate. Bulkheads that impound waters, raising water levels within.the wetland ab6ve normal storm water storage levels as determined by the County Engineer shall be prohibited. Bulkheads constructed for the purposes of di- verting, impeding or excluding natural sur- face water inflow to a wetland or outflow from a weLiand shaILl be prohibited.- Bulkheads shall not be constructed that will- constrict the flow of water and thus increase flow velocity within wetlands. 128 The use of heavy eqOpment during construc- tion shall be minimized. The installation of utilities can be an acceptable activity in cypres-s wetlands as long as certain criteria are followed: The installation of utilities including roads shall conform to all performance.criteria given for specific activities that are assoc- iated with the installation. Where filling, dredging and/or bulkheading are incompatible, utility systems and roads shall be elevated so the natural hydrologic regime is not interrupted. Areas cleared as righ@s-of-way or easements shall not be greater than 10% of the wetland area within the property boundary. In wetlands.where dredging,.filling or bulk- heading is compatible subject to meeting certain criteria, the utility system or road shall not impede, interrup or impound normal surface water flows. In these wetlands utility systems and roads shall be con-' structed so as not to impede, interrupt or impound normal -or storm surface water flows. Every care shall be taken to minimize dis- ruption of the surrounding wetland and sur- face water bodies. During construction, , turbidity screens and any other means nec- essary to minimize siltation, sedimentation and/or erosion shall be used at all times and left in place for a period of time sufficient for stabilized conditions to develop in the disturbed area. Filling an area less than or equal to 10% of the wetland within the property boundary in conjunction with permitted structures is an allowable use of cypress wetlands as long as certain criteria are met Filling shall be in, conjunction with the 129 .construction of permitted structures and associated access roads, yards and septic tanks Qi.ly. The area (if fill and all other improved areas, exc&vations, cleared areas, decks, catwalks and area of structures shall' not e.xceed 10% of the wetland within the pro- perty boundary. The fill material shall be "clean- fill" and not garbage, refuse, toxic or con- taminated material or any other material .that through the actions of the soil water leaching may cause a degradation of surface water and groundwater quality. Any filled roads or improved areas shall neither impound nor impede surface water flows within wetlands. Roads and other improved areas shall be constructed so as to not impede, interrupt or impound normal or storm surface water flows-. Precautions shall be taken to minimize dis- ruption of the surrounding wetland and sur- face water bodies. Ouring construction, tur- bidity screens and any other means necessary to minimize siltation, sedimentation and/or erosion shall be used at all times and left in-place for a period of time sufficient for stabilization of the area. A buffer strip fifty (50) feet wide of nat- ural undisturbed vegetation shall be main- tained between filled areas and any surface water body. Clearing vegetation in- conjunction with permitted construction can be an allowable activity as long as certain performance standards are met: The activity shall be carried out during the normal dry season.(i.;sually October through-. May) only. The area of c-lea ring and all other areas, of _0 fill, access r 'ads, docks, catwalks, str,uc!- 130 ture and improved areas shall not exceed 10% of the wetland within the p.rop@rty. All materials that are cleared from the wet- land shall be removed from the site and not piled or w.-ndrowed within the wetland commun i ty. Precautions shall be taken to minimize impacts to surrounding vegetation. During clearing operations turbidity screens and any other means necessary to minimize siltation, sedimentation and/or erosion shall be used at all times and left in place for a period of time sufficient for stabilized conditions to develop in the cleared area. A buffer strip fifty (50) feet wide of natural undisturbed vegetation shall be maintained between cleared areas and any surface water body. Construction of permitted structures can be a compatible activity in cypress 'Wetlands as long as certain standards are adhered to: All improved areas (including access roads, parking lots, docks, catwalks, area of struciure, yards-, cleared areas, retention basins, etc.) shall be no greater than 10% of the area of the wetland within the pro- perty boundaries. If the wetland is included in lands desig- nated as "flood-prone area", all conditions, provisions and restrictions of the flood- prone classificatio n ordinance shall apply in addition to the performance criteria contained herein and the conditions, pro- visions and restrictions of the flood- prone classification ordinance shall take precedence if it is more restrictive. If there is no flood-prone classification system, all permitted structures will be constructed so that the finished floor elevation is at least 3 feet above the 131 established high wa.ter line or 8 feet above the ground level. The use of heavy equipm-nt during_c-onstruc- ti on shal I be a. - p-,mi zed . The drainage system for the improved area shall comply with the conditions, restric- tions and provisions of the drainage system design standards for the locality. Access roads and other improved areas shall be designed and located so as not to impede, interrupt or impound normal-and storm surface water flows, unles*s the impoundment is wholly within the improved area and used for the purpose of a storm water retention basin. All retention basin requirements shall adhere to state and/or local rules, whichever i.s more stringent. If the retention basin is constructed within the wetland, it is considered to be part of t-he improved area and said area, including all roads, parkirfg lots, structures, @awns, cleared areas, etc., shall not exceed 10% of the wetland within the property. The installation of septic tanks is a compatible activity within cypress swamps as long as various cri teri a are met: Septic tanks shall conform to all provisions of Duval County Health Department Regulat 'ions as well as applicable state regulatlions. Septic tanks shall either be elevated on filled areas such that the lowest point of the drain field is a minimum of three (3) feet above the normal high water level in the wetland or be located on suitable upland soils having proper percolation rates and wastes shall be pumped from a holding tank to this upland septic tank and drain field. The maximum number of septic tanks within wetland areas shall be one (1) per five (5) acres . 132 Activities that are conducted adjacent to wetlands have an impact on these areas. Most of the _ previ ous 1 y di s c u s s ed activities are compatible activities and uses of,upland areas adjacent to cypress swamps. Some of these activities mu s t f o I I ow c e r t a i n pe rf ormance standards to mi t i gato the impact they.will have on the wetlands: Construction or modification of mosquito control of drainage ditches are a compatible activity ad- jacent to cypress swamps as long as the following criteria are met: . Ditches are no deeper than 3 feet from ground surface. Discharge from ditches will be into existing compatible wetlands or properly designed re- tention ponds, discharge into surface waters or streams will be minimized. The use of herbicides a nd pesticides in di tches wi 11 be prohi bi ted adj acent to cypress ponds/domes. Dredging other than for mosquito control is an allowable activity in areas adjacent to cypress swamps, as long as established criteria are met, such as: Dredged areas will not exceed 10% of the wetland within the property boundary. The deposition of the dredged material must conform to all performance criteria related to filling or bulkheading within or adjacent to wetlands. There shall be no direct surface watcr cun- nection from dredged or excavated areas to surface-water bodies or open water streams. If an outfall from dredge areas is needed to remove storm waters, the outfall will be into a properly constructed retention basin so the water may be filtered. This basin will be considered part of the 10% of allowable area for dredging. 133 Bulkheading is also an all1owable use adjacent to cypress wetlands, but as with bulkheading activities within cypress wetlands, @ertain criteria must be met to properly protection thp area. Theseinclude: The prohibition of bulkhead construction for the purpose of diverting, impeding or ex- " cluding natural surface water from entering wetlands. Bulkheading constructed as part of a drainage project shall be designed so as to release water into wetlands as close as poss- ible to the predevelopment rate. Bulkheading shall not result in channeliza- tion of water. Filling other than in conjunction with permitted construction and more than 10% of the wetland area maybe an allowable activity adjacent to cy*press domes/ponds as long as certain criteria are met: The fill material shall be "clean fill" and not garbage, refuse, toxic or contaminated Material, or any material ihat through the actions of soil water leaching may cause a degr-adation of surface water and ground water qual i ty. The filled area shall not divert, impede or exclude natural surface water runoff into or out of a wetland. The filled area shall not result in the channelization of surface water flow into a wetland. M Precautions shall be taken to insure that erosion and subsequert sedimentation of the fill material shall not occur within any wet- I and . A buffer strip fifty (50) feet wide of nat- ural undisturbed vegetation shall be main- tained between filled areas anu any surface water body. Use of pesti cide.s and herbicides can be an allowable activity adjacent to cypress swamps as long as proper care is taken. This includes: 134 Application of pesticides or herbicides shall occur only during the normal- dry season (usually E_ from 0 tober through May). Equipment for the appVcation of th@, pest icide or h-erbicide shali be chosen so that .it best directs the chemical to the target organism. Every precaution shall be taken to avoid the direct contamination of surface water during the application and during the mixing and preparation of the chemical. Aerial application or mist blowing of pesti- cides or herbicides shall be avoided. 135 Bayheads and Bogs These occur in f I a two od depr,,:-,,.,., s ions wi th h i gn water tables and little wctter leyel fluctuation. T h e so i 1 s i n these areas are constantly water 1-ogged and subject. to periodic floodi n g Bayheads contri bute . to p e a t p roducti.on a n d a r e t h o u g h t t o succeed the bog stage. in the flatwood pond succession. L-i k e - o t h e r w e t 1 a n d areas , bayheads and bogs have *a natural balance that needs to b e in a i n t a i n e d i n o-rder f o r them to'survive and function properly. There are many activities that are compatible with the f u n c t ion of these areas. There are others that are not ' and s h o u 1 d be avoi d e d . *There are sti 11 other activi ties that can be compatible in and near bayheads and bogs as 1 ong as c e r t a i n p r e c a u t i o n i s t a k e n a n d reasonable cri teria for development are adhered to. T h e r e a r e activities that because of their nature or the amount of alteration req-u'ired in- bayheads and bogs wou 1 d not. be compat i b I e with these areas and should. be practiced in areas more suitable where less alteratio.n to t h e n a t u r a I system.will be required. These activities include: Production of agricultural or horticul-tural crops. Dredging of any kind other than for mosquito con- trol or drainage ditches. Use of pesticides or herbicides. Installation of storm water retention.basins. Siting of so lid waste disposal.actilvities. Th e r e a r e a 1 s o a large number of various activities,. t h a t 4 h e n undertalken with due care , c a n b e compatible t h a t w h e n undertaken with due care, can be compatible uses in-this wetland type. These acti*Vities include: Cultivating naturally-occurring agricultural or horticultural products. 136 Scenic, historic, wildlife or scientific preserves. Minor maintenance or repair to exis.ting structures or improved areas. Removing.of natural products of we-tiinds in con- junction with recreation, commercial fishing, aquacultu-re., hunting or.trapping. Cleared walking. trails having no-structural com- ponents. Timbered catwalks wider than or narrower than 4 f e e t . Operation of motorized vehicles. The*re is 'also a large group of activities that are compati b I e w it h in t h e s e a r e a sa sI on g as t h e p r o p e r mitigation procedures are adhered to. These include: Harvesting of timber and wood products. This activity may occur in bayheads and bogs as long as T6ere shall be no dr'ainage of the wet- 1 and . Harvesting shall be carried out during the dry season (usually from October through May). The use of heavy equipment shall be discouraged. There shall be no construction of tram- ways nor roadways that require fill in cypress domes. Harvesting shall be carried out as sel- ecti.ve cutting of timber rather than clear-cutting, where trees of 8 inches or greater dbh (diameter at breast height) are harvested. The establishment of plantings within bogs and bay- heads is an activity compatible with these wetland types as long as certain criteria are met. These 137 i ncl ude The area of planting @h-all not exceed 10% of the area of each wetland or wmtland area affected within the property boundary. There shal-1 be no drainage of surface water or groundwater except in wet pra4ries where the construction of drainage ditches of not more than three U) feet depth is permitted. A bu'ffer.strip one hundred (100) feet wide of natural unaltered vegetation shall be left between the established planting and any surface water body or natural drainage system. Activities involved with subtantial restoration or modification of existing structures and improved areas can be compatible within this wetland type provided certain criteria-are met: .I I I Any reconstruc-tion, restoration or modi- fication of filled roads or dikes must be designed such that natural surface water flows are not impounded. Total filled or improved area sha@l not exceed 10% of the wetland within the pro- perty boundary. The use of heavy equipment shall be mini- mi zed. Construction or modific@tion of mosquito control or drainage ditches is a compatible use within the bay- heads and bogs-as long as the following criteria are met: All drainage ditches or-mosqui .to control ditches shall be no deeper than three (3) feet measured from the ground surface. The discharge of waters from ditches into surface water bodies or open water streams sha'll be discouraged and minimized. Dis- charge into existing compatible wetlands whenever possible shall be encouraged. 138 The use of herbicides and pesticide.s is prohibited. Expansion.of existing structure or improved areas is an acceptable activi ty in ba,@aads and bogs as long as adequate controls are .exe@cised. These include: Total filled areas (including any existing filled areas and those proposed) shall not exceed 10% of the wetland within the pro- perty boundaries. Any roads or other improved areas shall hot impede surface water flows within the wet- land nor impound waters. The use of heavy equipment shall be mini- mi zed . All additions or new structures shall be designed to conform to flood-prone regu- lations. In the ab@ence of these regula- tions, the finished floor of the occupied unit wil'l be at least 3 feet abbve the established high water line or 7 feet above ground level. Discharge of domestic, agriculture, industrial or storm water runoff onto this wetland type is an allowable activity in this area provided certain criter-ia are met. These include: Wherever possible, the wetlands used for domestic and agricultural waste water re- cycling shall be isolated wetlands and not wetlands that have direct hydraulic connec-- tion to surface waters. The'discharge of industrial waste water shall be to isolated wetlands only and not into wetlands that have any direct hydraulic connection to surface,water bodies. The discharge of industrial waste waters containing concentrations of heavy metals or toxic substances in excess of state, local or federal regulations is prohibited. 139 The discharge of agricultural waste waters containing pesticides or herbicides in excess of state, local or federal reguld- tions is prohibited. The capacity of the wetland area to receive effluents should be calculated to determine the amount of effluent the wetland is cap- able of retaining and not alter seasonal fluctuations (bayheads and bogs should not receive excessive water so the wet and dry seasons are altered) water levels should not increa se more than 10% above normal. Bayheads and bogs with hydrologic connec- tions that are' being used for agricultural and domestic discharge'of effluents should have discharge points'located so the effluent is retained within the wetland a sufficient length of time needed to filter and remove pollutants. Discharge of waste water and storm water runoff should not be channelized. Systi5ms should be designed and utilized so waste watec flows through the wetland with suf- ficient retention or residence time so the water is properly filtered and exposed to the natural cleansing'process. The discharge of storm water into detlands shall not be excessive in volume or velo- city. If this appears to be the case, re- tention basins will be required so storm water is released naturally from the basins to the wetlands. The discharge of storm water runoff fr'oi@ industrial or commercial land uses shall first be to a retention basin (pond) con- structed on uplands and seeded or vegetated with wetland species.. Storm waters may then be released to wetlands. Bulkheading within bayheads an d bogs is an accept- able activity in this we*;l and type as long as certain criteria are followed: 140 Bulkheads shall be constructed for the purposes of prot,ecting structures or improved areas from @oLential flood waters only. All other purposes are deemed inap- propriate.- Bulkheads thai impound waters, raising water levels within the wetland above normal storm, water storage levels as determined by the County Engineer shall be prohibited. Bulkheads constructed for the purposes of diverting, impeding or excluding natural surface water inflow to a wetland or out- flow from a wetland shall be prohibited. Bulkheads shall not be constructed that will constrict the flow of water and thus increase flow velocity within wetlands The use of heavy equipment during construc- tion shall be minimized. Filling 'o@her than in conjunction with construction of permitted structures or improved areas and/or filling of greater than 10% of the wetland on the property can be compatible with the maintenance of bayheads and bogs as long as the following standards are met: The fill material shall be "clean fill" and not g-arbage, refuse, toxic or contaminated material, or any other, material that through the actions of soil water leaching may cause a degradation of surface water and ground water qual i ty.@ The filled area shall not exceed 10% of the wetland wi-thin the property boundary. Any roads or improved areas shall neither impede surface water flows within wetlands nor impound waters. Precautions shall be taken to minimize dis- ru,pt*ion of the surrounding wetland and sur- face water bodies. During construction, 141 turbidity screens and any other means necessary to minimize siltation, sedimen - tation and/or erosion shall be used at all times and left in place for a period of time sufficient f-or stabilized conditions to deve', op- n _th@-e"Fi-l led area. o A buffe.r strip fifty (50) feet wide of natural undisturbed vegetation shall be maintained between filled areas and any surface water body.. Installation of utilities is also a compatible activity within bogs and bayheads as long as certain criteria are met: The installation of utilities including roads shall'conform to all performance criteria given for specific activities that are associated with said installation. Where fil'ling, dredging and/or bulkheading are incompatible, utility systems and roads shall be constructed above ground on sup- ports, piers or bridging. Areas cleared as rights-o-f-way or easements shall not be greater than 10% of the wetland area within the property boundary. In wetlands where dredging, filling or bulk- heading is compatible subject to meeting required performance criteria, the utility system or road shall not impede, interrupt or impound normal surface water flow. Every care shall be taken to maintain dis- ruption of the surrounding wetland and sur- face water bodies. During construction, turbidity screens -and any other means neces@ sary to minimize siltation, sedimentation and/or erosion shall be used at all times and left in place for a period of time sufficient for stabilized conditions to develoP in the disturbed area. Fill in less than or equal to 10% of wetland areas in conjunction with permitted construction is a 142 'compatible activity assuming certain performance criteria are followed: Filling shall b,e in conjunction with the construction of per@*Iiitted structures and associa,@.-_d-access roads, yards and septic tanks only. The area of fill and all other i*mproved areas, excavations, @Ieared areas, decks, catwalks and area structures shall not exceed 10% of the wetland within the property boundary. The fill material shall be "cle'an fill" and not garbage, refuse, toxic or contaminated material or any other material that through the actions of soil water leaching may cause a degradation of surface water and ground water quality. Any filled roads or improved areas shall neither impound nor impede surface water flows within wetlands. Precautions shall be taken to minimize disruption of the surrounding wetland,and surface water bodies. During construction, turbidity screens and any other means neces- sary to maintain siltation, sedimentation and/or erosion shall be used at 'all times and left in place for a period of time suf- ficient for stabilization of the area. A buffer strip fifty (50) feet wide of natural undisturbed vegetation shall be mai.ntained between filled areas and any surface water body. Clearing of vegetation in conjunction with construc- tion of permitted structures-is an activity that is comp at i ble in this particular wetland as long as the re-quired standards are followed. They include: The activity shall be carried out during the normal dry season (usually October through May) only. 143 ZV The area of clearing and all other areas of fill, access roads, docks, catwalks, struc- tures-and improved areas shall not exceed 10% of the wetland within the property. All materials are cleared from the wetland sh@all be removed from the site and not piled or windrowed within. the wetland community. Precautions shall be taken to minimize impacts to surrounding vegetation. During clearing operations turbidity screens and any other means necessary to minimize sil- tation, sedimentation and/or erosion shall be used at all times and left in place for a period-of time sufficient for stabilized conditions to develop in the cleared area. A buffer strip fifty (50) feet wide of natural undisturbed vegetation shall be maintained between cleared areas and any surface water body. Cleari-ng shall be carried out only-in conjuction with the construction of'per- mitted s.tructures. Construction of permitted structures is an accept- able use in bayhead and,bog wetlands as long a.s. certain criteria for developme.nt are met. These in c 1 u de: All improved areas (including access ro ads, parking lots, docks, catwalks, area of structure, yards, cleared areas, retention basins, etc.) shall be no greater than 10% -of the area of the wetland within the..pro- perty boundaries. I if the Wetland is including in lands desig- nated as "flood-prone area", all conditions, provisions and restrictions of the flood- prone classification ordinance shall apply in addition to the performance criteria contained herein. In the absence of a flood-prone classifica- 144 tion, all structures shall be constructed so that the finished floor elevation of occupied spaces is at least three (1) feet above established high water elevatioiis o'r seven (7) feet above natural ground level. The use of heavy equipment during construc- tion shall be minimized. The dra.inage system for the improved area shall comply with the conditions, restric- tions and provisions of the drainage'system design standards for the local development c o d e Access roads and other improved areas shall be designed and located so as not to impede, interrupt or impound norma'I and storm sur- face water flows. Impoundments total.ly within the approved area, used as retention basins, are allow- able impoundments of water. All *commercial and industrial uses within wetlands shall have retention basins for storm water runoff. Said retention basins shall be designed and constructed with sedi- ment traps and litter or trash screens. All storm water runoff shall be routed through the retention basin, sediment trap and litter or trash screens before release or outfall from the improved area. If the retention basin is constructed within the wetland, it is considered to be part of the improved area, and said area, including all roads, parking lots, structures, lawns,' cleared areas, etc., shall not exceed 10% of the wetland within the property. Installation of septic tanks is a compatibl-e activity within-.bayheads and bogs as 10 ng as certain standards are adhered to: Septic tanks shall conform to all provi- sions of Duval County Health Department Regulations and applicable state regula- t i o n s 145 Septic tanks shall either be elevated on filled areas such that the lowest point of the drain field is a minimu@ of three (3) feet above the normal high water level in the wet-land or be 1@[email protected] on suil'aable upland soils having proper p,@rcolation rates and wastes shall be pumped from a holding tank-to this upland septic tank and drain field. The maximum number of septic tanks within wetland areas shall be one (1) per five ( 5 ) acres . Storage, use or disposal of hazardous materials can -bean acceptable activity in bayhead and bog areas as long as all proper precautions and crit4ria are met. These include: Every care shall be taken to insure that release of hazardous materials to the en- vironment through the actions of winds, surface wdters or ground waters shall not exceed one-thirtieth (1/30) of the Thres- hold Limit Values (TLV) permitted of those hazardous materials.currently listed in the Threshold Limits Values adopted by the American Conference of Governmental Indus- t r i a 1 Hyg i e n i s t s The storage, use or disposal of hazardous material shall not occur in any wetland having a direct hydraulic connection to surface water bodies. Tests shall b-e undertaken to determine'the nature of groundwater flows in the immed- iate area and based on the result's of these tests, no solid waste disposal shall occur where-seepage from the disposal site may threate n public health and safety, endanger wildlife or potentially degrade potable water supplies. There shall be no dredging within wetla-nds where the storage, use or disposal of hazar- dous materials is proposed oc is being car- 146 ried out, nor Shall the 're by any activity that will disrupt the existing natural land contours. This includes,-but is not limited. to, use of heavy equipment, drilling of wells, excavating, jetting of pilings, or construction of any structure. The storage, u*se or disposal of hazardous materials in flood plains and flood prone aneas shall be prohibited. All but a half dozen activities previousl,y discussed in this section are compatible in up 1 and a r e a sadjacent t o bayheads and bogs as longas c e r t a in standards and criteria for these activities are met. The following describes t h e activities and the restrictions that-apply: Construction or modification of mosquito or drain- age ditches can be acceptabl e acti vi ti es i n adja- cent areas if these criteria are followed: All drainage ditches or mosquito control ditches shall be no deeper than three (3) feet, measured from the ground surface. Discharge from drainage or mosquito control ditches directly to surface water bodies or open water streams shal-I be discouraged and minimized. Discharge into existing compati- ble *etlands or properly constructed rete.n- T'i-on basi ns shal I be encouraged. Drainage or mosquito control ditches shall be constructed as swales, with gently sloping sides hot to exceed a 4:1 slope. The use of herbicides and pesticides in areas adja- cent discouraged. c to-bayh-eads and bogs shall be Removal of vegetation from mosquito control canals by mechanical means shall be encouraged. Dredging of any kind other than for mosquito c.ontrol o'r drai nage di tches can be a compati bl e acti vi ty ad- jacent, to bayheads and bogs-as long as certain criteria and standards regarding- this activity are met, The deposition of dredged materi al must 147 Leria related conform to all performance crit to filling and/or bulkheading, within or ad- J'a@cent to wetlands. .--There shall be no direct surface water con- nection fr-' om dredged or exr_,:.vU'.'ed areas to surface water bodies or open water streams. If an joutfall from the dredged or excavated area is necessary to remove excess storm waters, then the outfall shall either be ro'u@'ed through a comRatible wetland or-a shallow retention basin constru-cted properly to act as a filter for runoff. The dredged or excavated area shall not be so close to the adjacent wetland so as to cause the flow of surface waters from the wet.land to the dredged or' excavated area. Surface water flows and/or sheet flow run- off shall not be interrupted, impounded, or diverted away fr.om.receiving wetland com- munities as the result of the dredged or excavated area or the deposition of fill from the dredged or excavated area. Bulkheading can also be an acceptable.activity in areas adjacent to this wetland type as long as t'he required standards for this type of activity are met: Bulkheading -constructed for the purposes of diverting, impeding or excluding nat- ural surface water runoff into a wetland shall be prohibited, except for-bulkheads const'ruct.ed as part of a development drain- age system, wh@ich shall be.constructed so as to impede storm water runoff when nec- cessary such that the outflow from the drainage system approximates the conditions existing prior to development or redevelop- me n t . I Bulkheads constructed in areas adjacent to wetlands shall not result in the channeliza- tion of water flow int-o a wetland community. 148 'The activities ass.ociated with filling other than'in conjunction with construction of permitted struc- tures or improved areas and/or fil-ling more t-han 10% of the wetland within the property can be a compatible use adjacent to bayheads as 1 o i,. g as certain criteria are followed: The fill material shall be "clean fill" and not garbage, refuse, t'oxic or contaminated ma.terial, or any material that through the actions of soil water leaching may cause a degradation of s'urface water and ground water quality. The filled area shall not divert, impede or exclude natural surface water runoff into or out of a wetla.nd. The filled area shall not resul t in the channelization of surface 'water flow into a wetland. Precautions shall be taken to ins.ure that erosion and subsequent sedimentation of the fill material shall n6t occur within any wetl and A buffer strip fift--y (50) feet wide of natural undisturbed vegetation shall be maintained between filled areas and any surface water body. Storage, use or disposal of any hazardous material adj acent to bayhead and bog wetl ands can be a com- patible activity in this area as long as certain performance standards are followed: The storage, use or disposal of hazardous materials in areas aojacent to wetlands that have direct hydraulic connections to surface bo dies shall be prohibited. There shall be no storage, use or dis- posal of hazardous materi dl s i n ar5@as adjacent to wetlands that have been dredged or filled, tha-t have-had any structure constructed within, or that have.had wells drilled, pilings jetted 149 or any excavations carried out within the adjacent wetland. Tests shall be undertaken to determine the nature of groundwater flows in the immed- iate area --and based on the results of these tests, no solid waste disposal shall occur where seepage from the disposal site may threaten public health and safety, endanger wildlif@e or potentially degrade potable water supplies. There shall be no drainage channels or ditches constr'ucted in the adjacent area that will allow surface waters to enter any wetland. All retention basins constructed in conjunc- tion with the storage, use or disposal of hazardous materials shall have an imperme- able lining and shall be of sufficient size as to 'store all anticipated storm water run- off from a twenty-five (25) year rainfall e v e n t . The storage, use or disposal of hazardous materials in areas designated as "flood- prone areas" shall be prohibited. The disposal of solid waste in areas adjacent to bayhead and bog wetlands can be a compatible use in the area as long as certain criteria Are f o 11 o w ed The disposal of solid wastes shall- not occur in areas adjacent to wetlands that have a direct hydrauli-c connection to surface water bodies. There shall be no solid waste disposal in areas adjacent to wetlands that have been dredged or filled, that have had any struc-ture constructed within, or that 'nave had wells drilled, pilings jetted, or any excavations carried out within the ad- jacent wetland. There shall be no drainage channels,or 150 ditches constructed in the adjacent area that will allow surface waters to enter any wetland. Tests shall be underta!,en to determine the nature of grouna water flows in the immed- iate area and-based on the results of these t6.sts, no solid waste disposal shall occur where seepage from the disposal site may threaten public hea.1th and safety. Hydrick-Hammock/Swamp Hammock Hydri ck or Swamp Hammocks are still water wetlands occurring on poorly drained soils that are not subject to periodic f-l oodi ng .' They generally occur, in narrow areas between river swamps and upland communities in troughs behind coastal dunes and in depressions in flatwood areas. There are many activities that are compatible, incompatible and can be compatible w i t hm it i g a t i o n s t a n d a r d s .What follows is a discussion of these activities that are allowable in this area, incompatible activiti e s tha t should be avoided because of its affect on this type-of wetland and activities with accompanying performance standards that can be acceptab-le uses in this type of wetl'and as long as the performance stand-ards are followed. Incompatible Uses There are many activities that ca'use undue stress on Hydrick Hammocks and tend to destr.oy the natural function and integrity of the area. These activities are considered incompatible in this wetland type and should be avoided. They include: Production of agricultural or Korticultural crops. Harvesting of timber and wood products. Construction of or modification of mosquito control or drainage ditches. Dredging o.f any kind other than for mosquito control 151 or drainage ditches. Discharging of domestic, industrial, agricultural wastewater or storm water runoff. Filling other than'i"h co.nj.nctIon with construction of permitted structures or improved areas and/or filling more than 10% of the wetland area within the property. Use of any pesticide or herbicide. Installation of stormwater retention basins. Storage, use or disposal of any hazardous waste materi al . Solid waste disposal. sites. Compatible Activities There are also many activities that are compatible uses within the Hydrick Hammocks a n d d o n o t c a u s e i r r e p a r a b I e damage to these areas* when undertaken within them. They i ncl ude: Cultivation of naturally occurring agric.ultural or horticultural products. Scenic, historic, wildlife or scientific preserves. Minor maintenance or emergency repair to existing structures or approved areas. Removal of natural products in this wetland in con- junction with recreation or commercial fishing, hunting or trapping.. , I Cleared walking trails having no structural compo- nents . Timber catwalks and docks greater or less than 4 f P@@t wi de Establishing plantings. Substantial restoration, reconstruction or modifica- 152 tion of'existing structures and improved areas as well as expansion of -existing structures. Filling 'less than or equal to 10% of the wetiand area within the-property in conjunction with con- struction of permitted structures. Clearing of vegetation in conjunction with the construction of permitted structures. Construction of permitted s,tructures. Anstallation of septic tanks. T h e r e are also several activities t hat fall within the thi rd category of activities, those that are allowable w i t h in this wetland type as long as certain mitigation procedures and criteria for development are'met. T h e s e activities with criteria are as follows: Operation of motorized vehicled are an acceptable use in Hydrick Hammocks as long as fhe motorized vehicles do not include terrestrial v-ehicles such as jeeps, swamp buggies, all terrain vehicles and the I i ke . Discharge of domestic,. agriculture, industrial and storm water runoff.from adjacent land into Hydrick ',Hammocks is a compatible use of the area as long as certain criteria a;e met. These include: Wherever possible, the wetlands used for domestic and'agricuTtural wastewater re- cyc.ling shall be isolated wetlands and not wetlands that have direct hydraulic connec- tion to surface waters. The discharge of industrial wastewater shall be to isolated wetlands only and not into wetlands that have any direct hydraulic- con- nection to surface water bodies. The discharge of industrial waste waters containing concentrat:@ons of heavy metals or toxic substances in excess of state, local and federal regulations Js prohibited. The discharge of agricultural w-aste waters 15.3 containing pesticides or herbicides in excess of state and federal regulations i shall be prohibited. rhe capacity of the wetland to recpive and process effluents-s-hould be calculated to determine -the amount of effluent the wetland is capable of retaining and still not alter the seasonal fluctuations of water. (These areas should not.receive excess wa.ter in either the wet or dry s-eason.) Water levels should not be increased more than 10% above normal levels. Hydrick Hammocks with hydrologic connections used for agricultural and domestic discharge should have discharge points located so the effluent is ret"ained within'the wetland for the time necessary to filter and remove pollut-ants. Discharge of waste and storm water runoff should be designed and utilized so waste water flows throu,gh wetlands with sufficient retention or residence time so water is pro- perly filtered and exposed to natural clean- sing processes. The discharge of excess storm water runoff shall not be excessive in volume or velo- city. Where volume or velocity.can be ex- pected to be-excessive after a rainfall event, retention ponds shall be constructed on uplands to receive storm water runoff, allow s.ome settling of sediments and slowly release the waters to the wetland. The'discharge of storm water runoff from industrial or commercial land uses shall first be to a retention basin (pond) con- structed on uplands and seeded or v.egetated with wetland species. Storm waters may then be released to.wetlands. U p I a n d d av e lopment c a n a 1 s o h a v e a n affect on the wet I and areas they are ad j acent to . Ne a r I y a 1 1 act i v it i es P - e v i 0 U s I Y d i s c u s s e d are,comp a t i b I e a c t i v i ties in areas adjacent to Hydrick Hammocks w i t h the exception of two u s e s . 7 @ E? s e us e s a r e compattble a s long as certai n performance c r i t e r i a a r e m e t . T h e s e a c t i v i t i. e s a n d p e r f o r m a n c e standards include the following: 1 54 Bulkheading adjacent to Hydrick Hammocks is an acceptable use as long as certain cHteria are [net Bulkheads-constructed for thie purposes of diverting,, impeding or excluding natural surface water runoff into a wetland shall be prohibited, except for bulkheads con- structed as part of a development drainage system, which shall be constructed so as to impede storm water runoff when necessary such that the outflow hydrograph from the drainage sys-tem approximates the hydrograph of conditions existing prior to development or redevelopment. Bulkheads constructed.in areas adjacent to wetlands shall not result in the channeliza- tion of water.flow into a wetland community. Storage, use or disposal of hazardous material can al so be a compatible. activi ty adjacent to Hydri ck Hammocks as lon-g as the following.criteria are. adhered t o The storage, use or disposal of hazardous materi al s i n areas adj acent to wetl ands th at have direct hydraulic connections to surface water bodies shall be -prohibited. There shall b-e no storage, use or disposal of hazardous materials in areas adjacent to wetlands that have been dredged or filled, that 'nave had any structure constructed within, or that have had wells drilled, pilings jetted or any excavations carried out within the adjacent wetland. Tests shall be u ndertaken .to determine the nature of ground water flows in the immed- iate area and based on the results of these tests, no solid waste disposal shall occur where seepage from the disposal site may threaten public health and safety, endanger wildlife or potentially degrade potable water supplies. 1.55 There shal'T be no drainage channels or ditches constructed in the adjacent area that will allow surface waters to enter any wetland. All retertt ion basins cons-truc ted in con- junction with the storage, use or disposal. of hazardous materials shall have an impermeable lining and shall be of suffi- cient size as to store all ariticipated storm water runoff from a twenty-five (25) year rainfall-@vent. The storage, use or disposal of hazardous materials in"areas designated as "flood- prone areas" shall be prohibited. Wet Prairies Wet Prairies are the last wetland type to be considered for capability with particular activitiin. These areas a r e somet i mes cal led freshwater meadows and are often considered shallow freshwater marshes. Wet Prairies often occur in low a r e a s -r e c e i v i n g w a t e r from storm runoff and nearby h i g h e r areas . Thi s wetl and type J s regu I ar ly flooded with fresh w a t e r . Wet -prai ries, like previously discus5ed wetland types are a I s o -.c a p a b I e o f s u p p o r t i n g in a n y a c t i v i t i e s . S o m e ac t i v i 16, i e s a r e c o n s i d e r e d incompatible i n t h e s e areas because they disrupt t h e b a 1 a n c e o f t h e system, 0 t h e r a c t i v i t i e s c a n b e compatible as long as certain standards and mitigation procedures are practiced. There are not really any activities that are considered total I y i n c o m p a t i b I e w i t h t h e f u n c t i o n o 11F W e t P r a i r i e systems a s I o n g a s r e a s o n a b I e c a r e is taken during these activities. The majority of usualy deve lopment a c t i v i t i e s are compatible with this wetland type. They include: Cultivation of,naturally occurring agricultural or horticultural products. Scenic, hi toric, wildlife or scientific preserves. 156 Minor main ten'-ance or emergency repair to existing structures or improved areas. Removal of natural products of wetlands in the process of recreation or comme-rcial fishing, aquaculture, hunti-ng or trapping. Cleared walking.trails with no structural compo- n e n t s Timbered catwalks wider than and less than 4 feet. Operation of motorized vehicles. Discharge of domestic, agricultura.1, industrial or storm w-ater runoff into adjacent wetlands. The majority of previously discussed development activities are allowable, although some require certain c r i ter ia a n d p r e c a u t i o n sbe met'. T h e s eactivities and criteria include: Production of agricultural or horticultural crops can be a, compatible activity within Wet Prairies as I ong as the foll owing criteria can be met: Dr-ainage ditches or channels shall not be any deeper than 3 feet. Water level control structures to maintain water levels at-least equal to .25 meters for Wet Prairies during the dry season are required at outfall points where surface waters exist property. The water level control structures shall be constructed as variable weirs, such that the hei ght ol,F the weir can be raised-and lowered to facilitate control of water levels in drai'nage ditches or channels-. The establishment of plantings within Wet Prairies c a nbe a compat i b 1 e acti v i ty as I ong as the proper -nitigatio *n and controls are practiced. They i n c 1u d e The area of planting shall not exceed 10% ,-,of the area of each wetland or wetland area 157 affected within the property boundary- There shall be no drainage of surface w-ater or tiroundwater except in Wet Prairies where the construct',on of drai-nage ditches of not more tlian three (3) feet*depth is-permitted. A buffer strip one hundred (100) feet wide of natural unaltered vegetation shall be left between the established planting and any surface water body or natural drainage system. Substantial restoration, reconstruction or modifica- tion of existing-structures and improved areas can be a compatible activity in Wet Prairies as long as certain criteria are adhered to. They include: Any reconstruction, restoration or modifi- cation of filled roads or dikes must be designed such that natural"surface water flows are not impounded. The installation of culverts in sufficierrt quantity and size so as not to impede surface waters are re- q u i r e d Total filled or improved area shall not ex- ceed 10% of the wetland within the property boundary. The use of heavy equipment.s-hall be mini- mi zed @Construction or modification of mosquito control or drainage ditches can be an accept-able acti vi ty wi th- in Wet Prairies as long as certain criteria are met. They include: All drainage ditches or mo-squito control ditches shall be no deeper than three (3) feet measured from the ground surface. A surface water control structure of weir shall be constructed-as.the outfall point and/or the property line. Said structure shall have a variabl e height to facilitate water level control in drainage ditches and to maintain at least .25 meters of Wet 158 Prai ri es The discharge of waters from ditches into surface water bodies,or open water streams shall be discouraged and minimized. Dis- charge into existing compatible wetlands whenever p ossible shall be encouraged-. The use of herbicides for the removal of vegetation from drainage ditches shall be discouraged in Wet Prairies; instead, mech- anical harvesting should be used for vege- tation removal. The use of pesticides shall be discouraged in Wet Prairies. The expansion of existing structures or improved areas can be a'compatible use in this wetland area as long as certain requirements are met: Total'filled areas (including any existing filled areas and those proposed) shall not exceed 10% of the'wetland within the pro- perty boundaries. Any filled roads or other improved areas shall not impede surface water flows within the wetland nor impound waters. Roads and other improved areas should be constructed with installed culverts of sufficient size and quantity so as not to'impede, interrupt or impoun-d normal or storm surface water f1 ows . The use of heavy equipment shall be mini- mi zed . All addi tions or new structures shall be designed to conform to flood-prone regula- tions and in the absence of applicable flood-prone jurisdiction, shall be con- structed so that the finished floor ele- va'Lion ot occupied spaces is at least three (3) feet above established high water elevations or 7 feet above natural ground surface. 159 Dredg ing of any kind other th-an for mosquito control or drainage ditches can be-an acceptable activity if. proper precautions and criteria are met. They i ncl ude: Dredged area' shall not exceed 10% Of th e wetland wfthin the property boundary. The deposition of the dredged material must conform to all performance criteria related to filling or bulkheading within or adjacent to wetlands. There shall be no direct'surface water con- nection from Idredged or' excavated'areas to surface water bodies or open water streams. if an outfall from the dreged or excav-ated area is necessary for the removal of excess storm waters, then a retention basin shall be constructed to act as a filter for run- off. Said retention basin shall be consi- de@ed as part of the 10% allowable-area of dredging within the wetland or that porti.on of the wetland within the property boundary. Bulkheading activities within Wet Prairies can be a compatible use in this area as long as certain stan- dards are met: Bulkheads shall be constructed for the pur- poses of protecting structures or improved areas from potential flood waters only. All other purposes are deemed inappropriate. Bulkheads that impound waters, raising water levels within' the wetland above pormal storm water storage levels as determined by the Engineer shall be prohibited. Cbunty 1@ Bulkheads constructed for the purpose of di- verting, impeding or excluding natural sur- face water inflow to a wetla nd or ou@flow from a wetland shal! be proh-ibited. Bulkheads shall not be constructed that will constrict the flow of water and this in- crease flow velocity within wetlands. 160 The use of heavy equipment during construc- tion shall" be mini.mized. Filling other than in conjunction with construction of permitted structures or i77roved areas and/or filling greater th-an 10% of the wetland area with- in the property boundaries. Filling shall be in conjunction with the construction of permitted structures and associated access.roads, yards and septic tanks only. The area of fill and all other improved areas, excavations, cleared areas, decks catwalks and area of structures shall no@ exceed 10% of the wetland within the proper- ty boundary. The fill material shall be "clean fill" and not garbage, refuse, toxic or contaminated material or any other material that through the actions of soil water leaching may cause a degradation of surface water and ground wate'r quality. Any roads or improved areas shall neither impound nor impede surface water flows within wetlands. Roads and other improved areas shall be constructed so as to not im- pede, interrupt or impound normal or storm surface.water flows. Use of pesticides and herbicides-can be compatible in Wet Prairies as long as proper precautions and c-ertai n cr-I tari a are inet Application of pesticides or herbicides shall occur only during the normal dry season (only from-October through Ma7y). Equipment for the application of the pesticide or herbicide shall be cho@en so that it best directs the chem@cal to t.he target organism. Every precaution shall b.e takeil to avoid 161 the direct contamination of surface water during the applicati@on and during the mix- ing and preparation of the chemicals. Aerial application or mist blowing of pes'@ i,.;lIaes oi-'--herbicides shall be avoided when- ever possible. Installation of utilities is a compatible activity w.ithin Wet Prairies as long as certain performance standards, are adhered to: The installation of utilities including roads shall conform to all performance criteria given for specific activities that are associated with said installa- t i o n Where filling, dredging and/or bulkhead.ing are inc.ompatible, utility systems and roads shall be c-onstructed above ground on sup- ports, piers or bridging. shall not be greater than 10% of the wet- Areas cleared as -rights-of-way. or easements land area within the property boundary. In wetlands where dredging, filling or bulkheading is compatible subject to the issuance of a wetlands development permit, the utility system or road shall not im- pede, interrupt or impound normal surface" water flows. 162 F i I I i n'g act i v ity in less than or equal to 10% of the wetlanq within.the property boundaries in conjunc- tion with the c-onstructiori of permitted structures is a compatibl e use of Wet Prairies.as long as c e r t a i ncriteria are net: Filling shall be in, conjunction with the construction of permitted structures, and associated acce-ss roads, yards and septic tanks only. The area of fill and all other improved areas, excavations, cleared areas, decks, catwalks and area of structures shall not ex-ceed 10% of the wetland within the pro- perty boun.dary. The fill material shall be "clean fill" and not barbage, refuse, toxic or contaminated material or any other material that through the actions of soil water leaching may cause a degradation of surface water and ground water qual i ty. Any roads or improved areas shall netther impound nor impede surf,dce water flows with- i-n wetlands. Roads-and other improved areas shall be constructed so as to not impede, interrupt or impownd normal or storm surface water flows. Precautions 5hall be taken to minimize dis- ruption of the surrounding wetland*and sur- 'During construction, face water bodies. L. turbidy screens and any other means neces- sary to minimize siltation, sedimentation and/or erosion shall be used at all times and 1 ef t i n place for a period of time suf- ficient for stabilization of the area. A buffer strip fifty (50) feet wide of natural undisturbed vegetation shall be maintained between fi7led areas and any surface water body. Clearing of vegetation in conjunction with construction of permitted structures can be an acceptab 1 e acti vi ty i n Wet Prai ri es as 163 long as certain performance standards are met. These include: The activity shall'be carried out during the normal dry season (us- ually October th.rough May) only. The area of clearning and all other areas of fill, access roads, docks, catwalks, structure and improved areas shall not exceed 10% of the wetland within the property. All materials that are cleared from. the wetland shall be removed from the site and not piled or windrowed within the wetland community. Precautions shall be taken to mini- mize impacts to surrounding vegeta- tion. During clearing operations, turbidity screens and any other means necessary to minimize silta- tion, sedimentation and/or.erosion shall be used at all times and left in place for a period of time' suffi- cient for stabilized conditions to develop in the cleared area. A buffer strip fifty (50) feet wide of natural undisturbed vegetation shall be maintained between cleared areas and any surface water body. Clearing shall be carried out only in conjunction with the construction of permitted structures. Construction of permitted structures is an allowable activity within Wet Prairies as long as the follow- ing criteria are met: All improved areas (including access roads, parking lots, docks, catwalks, area of structure, yards, cleared areas, retention basins, etc.) shall be no greater than 10% of the area of the wetland within the pro- perty boundaries. 164 If the wetland is included in lands desig- nated as "flood-prone area", all conditions, provisions and restrictions of the flood- prone classification ordinance shall apply in addition to the performance criteria con- tained herein. In the absence of a flood-prone classifica@ tion, all structures shall be constructed so that the finished floor elevation of occup- ied spaces is at least three (3) feet above established high water elevations or the distances above natural ground surface of 7 feet in Wet Prairies. The use of heavy equipment during construc- tion shall be-minimized. The drainage system for th-e improved area shall comply with the conditions, restric- tions and provisi-ons of the drainage system design sta:ndards for the locality. Access roads and other improved areas shall be designed and located so as not to impede, interrupt or-impound normal and stor-m sur- face water flows, unless the impoundment is whol ly within the improved area and used for the purpose of a storm water retention basin All commercial and industrial uses within wetlands shall have retention basins for storm water runoff. Retention basins shall be designed to meet local dnd/or state stan- dards. Storm water runoff shall be rou.ted thr@ough the retention basin before release or outfall from the improved area. If the retention basin is constructed within the wetland, it is considered to be part of the improved area and said area, including all roads, par*king lots, structures, 1-awns, cleared areas, etc., shall not exceed 10% of the wetland within the property. Installation of septic tanks can also be a compat- ible activity within 'Wet Prairies.. Certa-in per- formance standards'should be met in order to pro- 165 tect the integrity of the wetland. They include: Septic tanks shall conform to all provi- sions of County Health Department Regu- I a t i o n s . Septic tanks shall either be elevated on filled areas such that the lowest point of the drain field'is a minimum of three (3) feet above the normal high water level in the wetland or be located on suitable up- land soils having proper percol-ation rates and wastes shall be pumped from a holding tank to this upland septic tank and drain f i e 1 d . The maxi'mum number of septic tanks wi@thin wetland areas shall be one (1) per.five (5) acres . Installation of storm water retention basins can be a compatible activity in this area as long as cer- tain criteria are followed: The size of the*retention b'asin shall be limited to 10% of the wetland area or area of wetland within the property boundary. If the retention basin is part of a larger development area, the combined area of improved area, structures, roads, etc., and the retention b.asin shall be. no larger than 10% of the wetland area or area of wetland within the property boundary. The retention basin shall not be dug any. d-eeper than is necessary w-ithin @he wptland, but rather constructed using a combination of excavation and berms. Deep excavations for the purposes of retention basins shall be discouraged. The discharge of waters from a retention basin into surface water bodies and open water streams shall be discouraged and minimized. Discharge into existing, com- patible wetlands whenever possible, s@all be encouraged. 166 The retention basin shall be vegetated and the use o-f herbicides and/or, pesticides within the retention basin for vegetation and insect control shall be discouraged. instead, mechanical vegetation removal, when nec essary, shall be used whenever p o s s i b I e . Storage, use-or disposal of hazar-dous materials can be a compatible use within Wet Prairies as long as certain precautions and performance criteria are m e t . Every care shall be taken to insure that release of hazardous materials to the en- vironment through the actions 6f winds, surface waters or ground waters shall not exceed one-thi rti eth ( 1/30) of the Thres- hold Limit Values (TLV) permitted of those hazardous materials currently listed in the Threshold Limit Values adopted by the American Conference of Governmental Indus- trial Hygienists. The storage, use or disposal of hazardous material shall not occ@ur in any wetland having a direct hydraulic connection to surface water bodies. Tests shall be undertaken to determine the nature of ground water flows in the immed- iate area and based on the results of these tests, no solid waste disposal shall occur where seepage from the disposal site may threaten public health and sa-fety, endanger wildlife or potentially degrade potable water supplies. There shall be no dredging within wetlands where the storage, use or disposal of hazar7 dous materials is proposed or is being car- ried out, nor shall there be any activity that will disrupt the existing natural land contours. This includes, but is not limited to, use of heavy equipment, drilling of wells, excavations, jetting of pilings or construction of any structure. 167 The storage, use or disposal of hazardous material in areas designated as-11flood- prone areas" shall be prohibited. So 11 d waste dispos-al with-in k`.z 1rairies can be a compatible use in this area, as long as proper performance standards are met. They include: Solid waste disposal shall not occur in any wetland that has a direct hydraulic connection with any surface water body. Tests shall be undertaken to determine the nature of ground water flows in the' immediate area, and based on the results of these tests, no solid waste disposal. shall occur where seepage from the dis- posal site may threaten public health and safety, endanger wildlife or potentially degrade potable water supplies. Solid waste disposal within all wetlands designated as "flodd-prone areas" shall be prohibited. A I I b u t a f ew a c t i v i t i e sa r a. a 1 1 o w a b 1 e w i t h o u t restr i c t i on i n a r e a s adjacent to We t P r a i r i e s. T h e s e activities and required performance criteria are as f o 1 1 ows Dredging other than for mosquito control or drain- age ditches can be a compatible activity in areas adjacent to Wet Prairies as-long as certain cri teri a are met: The deposition of dredged material must con- form tc all performance criteria related to filling and/or bulkheading within or adja- cent to wetlands. There shall be no direct surface water con- nection from dredged or excavated areas to- surface water bodies or open water streams. If an outfall from the dredged or excavated area is necessary to remove excess storm waters, th'en the outfall shall either be routed through a compatible wetland or a 168 shallow retention basin constructed and seeded or vegetated with wetland plant species to act as a filter for ru-noff. The dredged or excavated area shpil not b'e' so close to the adjacent wetl and as to cause the flow of surface waters from the wetland to the dredged or excavated area. Surface water flows and/or s4ie.et flow-run- off shall not be interrupted, impounded or div-erted away from receiving wetland communities as the result of the dredged or excavated area or the deposition of fill from the dredge or excavated area. Bulkheading-can be a @:ompatible activity in areas adjacent to Wet Prairies as long as certai'n criteria are met. These include the following: Bulkheads constructed for the.purposes of .diverting, impeding or excluding natural surface water runoff into a wetland shall be prohibited, except for bulkheads'con- structed as part of a development drainage system, which shall be constructed so as to impede storm water runoff when necessary such that the outflow from the drainage system approximates the conditions existing prior to development or redevelopment. Bulkheads constructed in areas adjacent to wetlands shall not result in the channeli- zation of water flow into a,wetland commun- i ty . Storage, use or disposal,of any'hazardous material is an acceptable activity i n areas adjacent 'to Wet Prairies, as long as certain precautions and per- formance standards are met. They include: The sto'rage, use or disposal of hazardous materials in areas adjacent to wetlands that have direct hydraulic connections to surface water bodies shall be prohibited, There shall be no storage, use or disposal of hazardous materials in areas adjacent 169 to wetlands that have been dredged or filled, that have had any structure con- structed within, or that have had wells drilled,'pilings jetted or any excavations carried out within the adjacent wetland. Tests shall. be undertaken to determine the nature of ground water flow in the immediate area and based on the resul"ts of these tests, no solid waste disposal shall occur where seepage from the d-isposal site may threaten public health and safety, endanger wildlife or potentially degrade potable w a t e r s u p p 1 i e s There shall be no drainage channels or ditches constructed in the adjacent area that will allow 'surface waters to enter any wetl and All retention basins constructed in conjunc- tion with the storage, use or disposal of hazardous materials shall have an imperme- able lining and shall be of sufficient si.ze as to store all antici pated storm water run- off from a twenty-five (25) year rainfall e v e n t . The storage, use or disposal of hazardous materials in areas designated as "flood- prone areas" shall be prohibited.. Soltd waste disposal can be a compatible activity in areas adj acent to Wet Prai ri es as 1 ong as the f ol - lowing precautions are taken: The disposal of soli-d wastes shall not occur in areas adjacent to wetlands that have a direct hydraulic connection to surface water bodi es . There shall be no solid waste disposal in areas adjacent to wetlands that have been dredged or filled, that have had any struc- ture constructed within, or that have had wells drilled, pilings jetted, or any exca- vati ons carri ed out wi th i n the adj acent wetl and . 170 There shall be no drainage channels or ditches constructed in the adjacent area that wi 11 allow surf.ace waters to enter any wetland. Tests shal-I be undertaken to determine the nature of ground water f-1.'ows in the i-mmed- iate area and based on the results of these tests, no solid waste disposal shall occur where seepage from the disposal site may threaten public health and safety. 171 172 WETLAND PROTECTION ALTERNATIVES 173 174 ALTERNATIVES FOR LOCAL WETLAND PROTECTION A comprehensive maniagemeni plan for wetland protect-ion' requires not one, but a variety of alternatives and ideas to a s s u r e r e a s o n a b 1 e protection for these areas. T h e integration of alternatives a n d t e c h n i q u e s increases t h e chances for success of the program. Having considered various aspects of the 1.,ocal climate, the ideas presented here are al 1 alternatives 1 n rega rd to wetland protection needs in the Jacksonville area. The first alternative is the City of Jacksonville Floodplain Protection and Surf ace Water Management Code. This ordinance attempts to 1 imit and manage development in floodplains, wetlands and areas within 100 feet of a water course. T h i s ordinance has r e q uirements and standards that shouid be met when designing developments located in f loodplain areas. Included in this ordinance are guidelines in the form of performance standards by wetland type. The objective of the ordinance is to protect floodplain areas so they are able to perform their natural f u n c t i o n o f stormwater retention and filtration of runoff. The theory being that maintaining natural f I o o d p 1 a i n s a n d r e t e n t i o n a r e a s (including wetlands) are a much more cost effective alternative for stormwater management than man-made systems. 175 The second ordinance-addresses surface water management.- The C , ty of Jacksonville presently h a s a n e x i s t i n g f I ood p I a in orllinance a n d add in g another ordinance that address--,-, the same subject may be -considered redundant and unnecess a r y . Thereforej this ordinance focuses on wetland.s and areas within 100 feet of a water course. It establi shes development standards and "provisions for construction in these areas. This ordinance has been designed to integrate easi ly with the existing site plan review processes. It is antic.ipated that the impact of this code will be to require general delineation of wetlands on sketch plans for site review and I imit the alteration of wetl ands and areas adjacent to rivers and creeks. Another approach to the protection of wetlands is the revision of existing regulations. This alternative appears to be less involved than other approaches. With relatively minor alterations, these existing ordinances can provide a reasonable amount of protection for local wetlands without many of the problems associated with writing, prom.oting and implementing a completely new ordinance. With more local emphasis being 'placed on growth management and planned development the inclusion of many of the proposed alternatives into ihe 2005 Comprehensive Plan is another very viable alternative for wetland protection. Incorporating the ideas and recommendations of this and other studies into the 2005 Plan will provide better guidelines and recommendations on which the City can base its growth policies. Revising the local Comprehensive Plan to include recommendations and guidelines for performance standards and wetl and protection alternatives could have broad, far reaching effects on local protection effurts. The following alternatives have potential as part of the local comprehensive wetland protection strategy. 176 ORDINANCE AN ORDINANCE PRESCRIBING MINIMUM FLOOD STANDARDS AND WATER MANAGEMENT STANDARDS 'FOR DEVELOPMENT OF AREAS OF SPECIAL FLOOD HAZARD,; FLOOOPLAINS AND SELECTED WETLANDS; PRESCRIBING REQUIREMENTS AND PROCEDURES FOR DEVELO PMENT PLAN APPROVAL; PROVIDING FOR THE ADMINISTRATION OF SAID REGULATIONS; PROVIDING PROCEDURES FOR APPEALS AND VARIANCES; PROVIDING A PENALTY; PROVIDING FOR MITIGATION; PROVIDING FOR INJUNCTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ARTICLE I GENERAL PROVISIONS SECTION 1-1 SHORT TITLE: This Ordinance shall be known as the CITY OF JACKSONVILLE FLOODPLAIN PROTECTION AND SURF ACE WATER MANAGEMENT CODE. 177 SECT ION 1 -2 PURPOSE: The purposes of this Ordinance are to: 1) mimimize the adverse imp.acts of development on resource,@ ot the potable shal-I ow water aquifer and flood detention areas, 2) promote the public health, safety and gen'eral welfare, 3 ) m i n i m i z e public and private losses due to flood conditions i n s p e c i f i c a r e a s , 4 ) reduce the potential burden of all taxpayers in the County through the use of public expenditures for flood control projects and infrastructure expansion and maintenance, 5) restrict or prohibit uses which are dangerous to heal th, safety and property due to water or erosion in flood conditions, 6) requ i r e t h a t structures subject. to flooding be protected a g a i n s t flood damage, 7) protect the storage capacity of' f 1 ood- p I a i n s , 8) prevent or regulate the construction of f I ood barriers which will unnaturally divert flood waters or which may increase flood hazards to other 1 ands , 9) protect the normal quantity, qu@ality and f 1 ow of ground water and surface water which are necessary for tne protection of resources of state , r e g i o n a I a n d I o c a I c o n c e r n , 10) protect the water avai I able for aquifer recharge, 11 ) pro.tect t h e n o r m a 1 s u p p I y o f ground -and surf ace water, 12 protect the water retention and filtration capabili ties of wetlands, 13 protect the general biological functions of wetlands, 178 .14) pro t ec t the. natural f I ow regime of drainage bas ins and 15) protect the design capacity of flood-detenti on areas and the water management objectives of these a r e as t h r o u g h t h e m a i n t e n a n c e of , hydrologic characteristics of draina'ge basins and wetlands. SECTION 1-3 APPLICABILITY: The regulations herein set forth shal*1 apply in all areas of selected wetlands, areas of special flood hazard and to all lands lying within 100 feet of a watercourse within the appropriate service districts excluding the three beach communities and Baldwin area. SECTION 1-4 EXEMPTIONS: The followi n g activities are exempt from the provisions of this Ordinance: P u b 1 i c h e a 1 t h a c t i v i t i e s orders a n d regul ati ons of the State Department a n d Rehabi I i tative Services and other similar a g e n c i e s r e I a t e d to p u b 1 i c h e a I t h protections. Any emergency activity which is immediately necessary for the protection and preserv@tion of I ife or property or -for the protection of preservation of a natural resource. S u c h emergenc,v activities. include, for example, searc-h and rescue operations; preve n t i v e a n d remedi al acti vi ti es rel ated to large-scale 179 contamination of strea"ms or other bodies of water, floods, burri canes and other storms t and pu':., 1: i health concerns. Within five (5) TT days afte r the commencement of such emergency t i n v o 1 v i n g the undertaking of any activity which otherwise would be t r e a t e d as a regulated activity under this Ordinance, the person chiefly responsible' for undertaking such emergency activity shall send -d written statement to the Public Works Department setti ng forth the pertinent facts regarding such emergency, i n c I u d i n g an explanation of t h e 1 i f e , property or resource such activity was designated to protect or preserve. SECTION 1-5 FLOOD HAZARD BOUNDARY MAP: The Federal Insurance Administration, Flood Hazard Boundary Map (FHBM), for Jacksonville/Duval County, dated December 15 , 1983 , and subsequent revisions thereto, a r e adopted by reference and declared to be par,t of this Ordinance. SECTION 1-6 PROVISIONS DECLARED TO BE MINIMUM REQUIR.EMENTS: The provisions of this Ordihance are intended to be minimum requirements and shall take preceden ce over..a ny 1 e s s r e s t r i c t i v e conflicting local laws, oe'dinances or codes. 180 SECT ION 1-7 WARNING AND DISCLAIMER OF LIABILITY: The degree of flood protection and surface and ground. water protection required by this Ordi.nance is considered reasonable for regulatory purposes and i s b as e d o n s c i e n t i f i c a n d e n g i n e e r i n g considerations. Larger floods can and wi 1 1 o c c u r on. rare occasions. Flood heights may be increased by man-made or natural causes . T h i s Ordinance does not imply that land outsi de the areas of special flood hazards or uses p e r m itted within such area wi 11 be free from flooding or flood damages. Th is Ordinance sh a 1 1 n o t c r e a t e 1 i ab i I i ty o-n the part of the City Council or @y any o f f i c i a 1 o r e m p 1 o y e e o f t h e C i ty of Jacksonville for any flood damages or adverse effects of changes in quantity.or-quali ty of surf ace or ground water that result from reliance on this Ordinance or any admini st rati.ve decision lawfully made, thereunde.r. ARTICLE II 181 DEFINITIONS SECTION 2-1 DEFINITIONS: Unless specifical ly defined below, words or phrases used in this Ordinance s h a I I be interpreted so as to give them the meaning they have in common usage and to g i v e t h i s Ordi nance its most reasonable application. Administrative_Appeal means a request f o r r e v i e w o f a n y A d m i n i s tr at i v e decision or interpretation made under this Ordinance. Aa.@!i f e r means an underground f ormati on , or group of formations, or part of a formation, that i s permeable enough to transmi t and store usabl e q u a n t i t i es o f water . A@ea of Special Flood Hazard is the land in'the flood p I a i n s u b j e c t t o a o n e p e r c e n t 1 % o r greater change of flooding in any given year and shown as A " z o n e s a n d " V " zones-on the Flood Hazard Bouddary Map. 182 Base Flood means the flood having a one percent (1%) chan-ce o f b.eing equal I ed or exceeded in any given year, commonly referred to as the "one hundred year flood". Council means the City Council of the City of Jacksonville, Florida.- @i t.X_Administrator includes, but is not limited to, the City of Jacksonvi 1 1 e ' s Directors of Public Works, Planning Department an d B u i 1 d i ng.and Zoning o r their des"ignated staff. Density Credits means a value *e-qual t o the -maximum number of residenti a 1 dwe-l 1 i n g ( f am i 1 y ) units which may b e constructed on a given amount of land under the existing zoning classifi ca-ti on of that land, usually expressed in dwelling units per acre. Density T r'ansfer - moving the all owable density of a building site from one location to another. Developer means any person, including a governmental a 9 e n c y u n d e r t a k i n g devel opment . 183 Development means: (a) any man-rr7de change to improved or unimproved redl estate including, but not limited to, mining, d r e d g i n g , filling, grading,* paving, dri I l'i ng , (except to obtain soil a n d m i n e r a 1 sampl es ) or excavation operations. In th@is Ordinance, development means: T h e e s t a b 1 i s h-m e n t o f a subdivision. 2 T h e c o n s t r u c t i o n a n d maintenance of a road, whether paved or unpaved,, and related to -drainage systems. 3 The establishment of a mobile home park. 4) The clearing of land as an. adjunct of construction. 5 The deposit of refuse, solid or liquid waste or fill , on a parcel of land. 6 'C o n s t r u c t i o n and mai ntenance activities by a n y u t i 1 i ty company. 184 7 T h e u s e o f 1 a n d for the pur.pose of growing plants, c r o p s t r e e s o r o t h e r a gr i c u.1 t u r a 1 o r f o r e s t r y product-s; raising livestock; o r o t h P, r a g r i c u 1 t u r a 1 purposes, provi ded , however, that such land use shall o n I y be subject to th-e requirements of subsections 6 - 1 ( 1 a n d 6-1(2) of Article VI. (8) New construction. (9) Substantial improvem ents. T h e following activities shall n o t constitute development for purposes of Article VI (Water Management Standards): Construction or s u b s t a n t i al improvement of a single fami ly residence in which the owner of the property, at the time of application for a building permit intends to reside upon its completion. 185 Modification of any ex is tin g s t r u c t u r @, t h a t d o e s n o t c o n s t i t u t a s u b s t a n t i a 1 improvement. I n s t a 1 1 a t i o n o f o n e u n i n h a b i t e d r e s i d e n t i a I accessory structure per 1 o t . P r i n c i p a 1 s t r u c t u r e a n d accessory buildings ca.nnot exceed 35% of the lot cbverage o f t h e z o n i n g d i s tri ct of which they are a part.) Dejtj..apment Permit includes any building permit , plat approval or subdivision pl an approval , uti 1 i ty permit, variance or other acti on h avi ng the ef f ect of permitting development., Ea I i n e e r m e a n s a c i v i-l e n g i n e e r regi s tered and currentl y I i censed to practice in the State of Florida. Exi sti ng Mobile Home Park or Mobile Home S u b d i v i s i o n m e a n s a p a r c e o r conti-guous parcels) of land divided into two or more mobi le home lots for rent or s a I e f o r w h i c h the constr%ction of 186 facilities for servicin g the lot on which th@ mobi le home is to be affixed. Expansion to an Existinq Mobile Home Park o r Mobile Home Subdivision means the preparation of additional sites by t h e construction of faci I i t i e s f o r servi cing the lots on whi ch the mobile homes are to be affi xed ( incl uding the instal I.ation of utilities, e7ither final site grading or po uring of concrete 'pads, or the construction of streets). Flood or Floodinj means a general a n d t e m p 0 r a r y cond i t i on of parti al or complete inundation of normally dry J and areas from: (a) the overflow of inland waters (b) the unusual and rapid accumulation of runoff of surface waters from any source Flood Hazard Boundary Map (FHBM) means an official map of a c-ommunity, i ssued- by the Federal Insurance Administration where boundaries of the areas of speci al flood hazards have been designated. 187 Floodpl ai n of Flood- Prone Area means any land area Surcepti-kie t o b e i n g nund.ated by water from any sjurce (see definition of 'Flooding). Generally delineated by Flood Hazard Boundary maps. Floodplain - the area adjacent to water courses that is susceptible to periods of inundation. The areas adjacent to water courses that receives the overflow of water when excess water,is present. Flood Proofi2a means any combination of structural and nort-structural additions.P changes or adjustments to structures which reduce or eliminate flood damage t o r. e a I e S t a t e o r i m p r o v e d r e a 1 property, water and sanitary facilities, structures and their contents. Floodway means the channel of a river or other water-course and the adjacent land areas that must be reserved in order t 0 d i s c h a r g e t h e b a s e f 1 ood without cumulatively increasing t h e w a t e r surface elevation more than one foot. 188 H a b i t a b 1 e F 1 o o r means any floor usable fo r living purposes, which includes w o r k i n g , s 1 eepi ng, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "Habitable Flo.or" Lowest Fl oor or First Floor Level means the habitable floor of a s t r u c t u r e havi ng the 1 owest elevation in relation to mean sea level. Mean Sea Level. means the av.erage height of the sea for all stages of the tide. Mobi 1 e-Home mean's a s t r u c t u r e , transportable in one or morle sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation -when connected to the required utilities. It does not include recreational -vehicles or travel trai 1 ers New Construct-ion mean s structures for w h i c h t h e " s t a r t o f c o n s t r u c t i o n 11 commenced on or after the effective date of this ordinance. 189 New Mobile Home Park or Mobile Home S u b d i v i s i o n m e a n s a p a r c e I o r c o-n tj n uous parcels) of land dividej into two or more mobile home lots for rent. or s a I e f o r which the construction of facilitie s for servicing the lot on w h i c h the mobile home is to be affixed (i n c 1 u d i n g a t a m i n i m u m t h e installation of utilities, eith er f inal site grading or the pouring of concrete pad s , and the construction of streets) commenced after the adoption of this ordinance. S i t e A 1 t e r a t i o n m e a n s development i n c 1 uding, but not limited to removal o f or d a m a g e t o v e g e t a t i o n ; by f i I I i n g , ditching, dredging, d r a i n i n g , e x c a v a t i o n e a r t h m o v i n g , w a fe r containment and changes i n t h e n a t u r a 1 flow regime, or the effects of such a c t i o n s . Start of Construction, for the purpose o f t h i s ordinance, m e a n s t h e f i r s t placement of permanent construction of a structure (other than a mobile home) o n 190 a s it e , such as the pouring of slabs or footings or any work including the first state of e%,. --vation or land clearing. Permanent cons tructi on includes land preparation, such - as clearing, grading a n d f i 1 1 i n g i t i n c 1 u d e s . t h e i n s t a I lation of streets and/or walkways; it includes excavation for a basement, footings, pi ers or f oundations or the erection o f temporary forms; it incl udes the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure . F o r a structure ( other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent frami ng or assembly of the structure or any part thereof on its piling or fo undation. For mobile homes not wi th i n a mobile home park or mobi le home subdivison, "start of constructi on" means the aff ixing of the mobile home to J ts permanent s i t e . F o r mobile homes. w i t h i n m o b i I e home parks or mobile home 191 subdi v isi-ons, 'start of construction" is the date on wh-: un the const@ucti on ol f i ti-es for sarvicing the site on which the mobile home is to be affixed n c 1 u d i n g a t a m i n i m u m t h e construction of streets, either final si.te grading or the pouring of concrete pads, and installation of utilities) i s commenced. Structure means a walled and roofed building that is principally above ground, as well as a mobile home. Subdivision means the division of a parcel of land, whether improved or unimproved , into two or more lots or p a r c e 1 s f o r t h e purpose , whether immedia-te or future, of transfer of ownersh i p i f the establishment of a' new road right of way -1 s n e c e s s a r y t o provide access to the lots or parcels. T h e t e r m s u b d i v i s i o n i n c 1 u d e s a resubdivision. S ubstanti al-Improvement- means any repair, reconstruction, or improvement of a structure, the cost of which equals 192 or exceeds 50* percent of the value of the structure, e i th er before the i mprovement or repair is started, or (2) if the structure has been damaged and is b e i n g r.e s t o r e d before the damage occurred. For the purposes of this definition" substantial improvement" is considered to occur when t h e f i r s t alteration of any wall, ceiling, floor or other structural part of the building c o m m e n c e s , w h e t h er or n ot t h a t a 1 t e r a t i o n a f f e c t s t h e -e x t e r n a 1 dim@nsions of th-e structure. The term does not, however,- include either (1) a n y p r o j e c t f o r improvement of a structure to comply with existing state or 1 ocal health, sanitary or safety code s p e c i f i c a t i o n s w h i c h a r e s o 1 e 1 y n e c e s s a r y t o a s S U r e s a f e I i.v i n g conditions, or (2) any alteration of a s t r u c t u r e I i s t e d on t h e NatiQnal Register of Historic Places or a State Inventory of Historic Places. 193 Variance means a grant of relief from the requirements of this ordinance. Watercourse means a channel, h a v i n g defined banks, which is cut by erosion of running water through turf , soil, rock or other material and over the b o t t o m o f w h i c h w a t e r f 1 o w s f o r substantial periods of the y e a r T h e term "watercourse" shal-I include both the upstream and downstream portions of a watercourse whi ch is lost in a swamp or a lake, if it emerges from such swamp or 1 ake i n a wel) defined channel; and it shall include any watercourse which has been improved by confining it in an .artif@icial channel. S e 1 e c"t e d Wetl ands - Wetland types des i gn a t e d in the 2005 Comprehensive P 1 -a n , included as sensitive areas in the 2005 Plan or its successor . 194 ARTICLE III ADMINISTRATIVE RESPONSIBILITIES SECTION 3-1 CITY ADMINISTRATORS: The duties and responsi- bilities of the designated city officials under this ordinance shall include, but not be limited to the f ol I owing: Pr-oces s al I development plan appl i cat i ons for'new* construct i on a n d s u b s t a n t i a I improvements a n d review to assure that the requirements of this ordinance have been met. P r o c e s s appl i cations f or al 1 a p p e a I s a n d variances. Re v i e w p e r m i t applications for proposed development to assure that al 1 necessary permits have been obtained f rom those Federal , State or local governmental agencies from which prior approval i s required . Letters from agencies must be received. 195 Record the actual elevation (in relation to mean sea level) of the lowest floor of all new or substantial lly improved !;.-,,vctu.res, and the actual elevation to which t-he new or substantially improved structures have been flood proofed. Submit such reports as -m-ay be required by the National Flood Insurance Program. Process all development plan applications which do not invol ve-new construction and substantial improvement and review to a s s u r et h a t t h e requirements of this ordinance have been met. Provide inter agency coordination and cooperation in the interpretation and application of this ordinance. Make necessary interpretations to determine the exact-location of the boundaries of the areas of s p e c i a 1flood hazard (for example, where there appea.rs to be a conflict between a mapped boundary an,d actual field C'orditions). Make necessary interpretation of soil surveys to determine clas'sification of proposed development site. Review for approval a-11 subdivision proposals to determine if such proposals meet the requirements of thi's ordinance and whether such proposals will be reasonably safe from the base flood. 196 Notify adjacent communities and the State of Florida, Department of Community Affairs, prior to ar- alteration or 10Cdtion of a watercourse, and submit evidence of such noti f i c a t i o n t o t h e Federal Insurance Admidistrator. Review al-I development plan applications for commercial s i t e s t o as sure that the req ui rements of this ordinance are met. Assure that maintenance is provided within the altered or relocated portion of said watercourse s o t h a t t h e flood carrying capacity is not diminished. Ob t a i n , review and reasonably utilize any base flood elevation data avail able. from a federal state or other source, when base flood elevation data has not been provided b y t h e F e d e r a. I .Insurance Administrator. ARTICLE IV DEVELOPMENT PLAN APPROVAL 197 SECTION 4-1 DEVELOPMENT PLAN APPROVAL. A. '-'c-.-elopment plan shall be submitted and approved prior to the issuance of any development permit for: (1) Compliance with established review procedures. (2) New construction or substantial improve ments undertaken in an area of special flood hazard or selected wetlands. (3) Any development undertaken within 100 feet of a watercourse. (4) Thos e activities which constitute development- for purposes of Article VI of this ordinance. (5) Any devel opment for which the Federal Insurance Administrator adopts regulations establis hing standards. SECTION 4-2 DEVELOPMENT PLAN: Prior to the issuance of any develo pment permit for which a-pplication is made after the effective date of this ordinance, the applicant must submit a development plan, in triplicate, as part of the application, or di@velopment plans for these areas can be included as part of the general 198 site plans, review process (sketch plans and required drawings) that proves that the proposed development meets or exceed,@ the standards set forth in Articles V and VI of this ordinance. The development plan must be drawn to scale showing the nature, location, dimen- sions and elevations of the area in question; existing and proposed structures; fill and storage of materials; drainage facilities a.nd the location of the foregoing. Specifically, the following information must be provid- ed (1) A legal description of the property. (2). A site plan showing the location and dimensions of all existing and pr'Opos'ed structures. (3) The elevation in relations to mean sea level of the lowest floor of all structures, certified by land surveyor or professional engineer regis- tered in the State of Florida. (4) A description prepared by an engineer of the. extent to which any watercourse will be altered or relocated as a result of the proposed development. (5) A certificate from a registered professional engineer or architect that any non-residential floodproofed structure meets the floodproofi-ng 199 criteria set forth in Section 5-2'@2). (6) A soi ls analysis prepared by an engineer or the U.S. Soil Conservation Service delineatinq the upl ands and wetland soil's associations. SECTION 4-3 APPLICATION PROCEDURES: Application for de- velopment plan for new construction or substantial improvements shall be submitted to the applicable ci ty agenci es .Applications shall be on'such form and accompanied by such fee as may be established by reso- lution of the Coun cil. The application shall be reviewed within ten working days for a determination of sufficiency. If insufficient, the application shall be returned to the applicant for completion. If suf- ficient, the application shall be approved, approved with modifications or conditions, or d isapproved within tea working days or, if other-authorization to commence development is being sought, simultaneously with such other authorization (such as'a building permit or sub- d,ivision plan approval). ARTICLE V 200 FLOODPLAIN PROTECTION STANDARDS SECTION 5-1 GENERAL STANDARDS: The following minimum stan- dards shall apply to'new construction and substantial improvements in al Vareas of special flood hazard, to any development within 100 feet of a watercourse: (1) All new construction and substantial improvements shall be anchored to,pre-vent flotati on, collapse or lateral movement of the structure. (2) All new construGtion and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (3) All new construction or substanti al improvements shall be constructed by methods and pract.ices that minimize flood damage. (4) All new and repiaCement water supply systems shall be designed so as not to allow infiltration of flood waters into the systems and discharge-from the system s into flood waters. (5) All new and replaceme-nt sanitary sewage systems 201 shall be designed so as not to allow infiltration of flood waters into the system and disch;;rje from the svstems into.flood waters. (6) On-site waste disp.osal systems shall be located to avoid impairment to them or contamination from them during flooding- (7) The cumulative effect of proposed development, when combined with all other existing and antici- pated development, shall not increase the water surface elevation of the base flood.more than one foot at any point within Duval Coun-ty. (8) Proposed development shall not affect a change in the flood pattern in such a manner that would cause lands not.previously flood-prone to become flood-prone. (9) The flood carrying capacity wTthin any altered or relocated watercourse must be maintained. SECTION 5-2 SPECIFIC STANDARDS: The following minimum standards shall appl@ in all areas of special flood hazard where base flood elevation data has been pro- v.i d ed (1) Residential Construction: New construction or 202 .substantial improvement',of any residential structure shall-have the lowes?t floor elevated to or above the b&se flood elevation. (2) Nonresidential Construction! New construction or substantial improvement of any commercial, indus- trial or other nonresidential structure shall either have the lowest floor elevated to the level of the base flood elevation or, to'gether with attendant utility and sanitary facilities be,floodproofed. A registered professional engin- eer or arc hitect shall certify that the standards of this section are satisfied. Such certification. must be submitted to the Building Official. (3) Mobile Homes: No mobile home shall be placed'-in a floodway except -in'an existing mobile home park or existi'ng mobilp home subdivision. All mobile homes shall be anc.h.ored to resist flotati on,* collapse, or lat eral movement by providing over- the-to- and frame ties to ground anchors. Speci- fic requirements shall be that: (a) Over-the-top ties be provided at each of the four corners of the mobile hcme, and two (2) additional ties per side at intermediate 10- 203 cations for mobi le homes fifty (50) feet or longer, and one additional tie per side for mobilp homes less than fifty (50) feet in 1 e n g t h (b) Frame 'tie's be provided at ea ch corner of the ho.me W'*ith five additional ties per side at intermediate points for mobile homes fifty feet or longer, and four additional ties pe r iide for mobile h6mes less than fifty (50) feet in length. (c) All components of the anchoring system must be ca-pable of carrying a force of 4,800 pounds, and (d) Any addi.tions to the mobile home must be similarly anchored. (4) Subdivision Proposals: All subdivision proposals and other proposed developments shall be reviewed by the-appropriate city agency if the proposal is. in an area of special flood hazard, it shall be reviewed to assure that the following standards are met: (a) All such proposals shall be reasonably safe 204 from flood waters resulting from the base f I ood (b) All such proposals.sh.all have public utili- ties and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (c) Base flood elevation data shall be provided for all such proposals. (d) Roads shall be reasonably safe from.flood waters resulting from the base flood. ARTICLE VI WATER MANAGEMENT STANDARDS SECTION 6-1 GENERAL STANDARDS: The following minimum stan- dards shall apply to all development which occurs with- in an area of special flood hazard, to any man-made change to improved or-unimp roved real estate, in or adjacent to selected wetlands, including, but not 205 limi ted to, mining, dredging, filling, grading, paving, drilling, (except to obtain soil and.mineral samples) or altafation operati-c.-b 4ithin 100-,f-ee.t of a water- course. (1) The development shall provide for the release of surface water runoff, collected or uncollected, in a manner approximating the natural surface water flow regime of the area.- (2) Treatment of s torm water runoff shall be provided by settling ponds, soil fixatives, control of non-point chemical pollutants or the equivalent structures or systems when such runoff may con- taminate surface or ground water resources or if direct discharge has not been appr@ved by, applicable agencies. (3) (a) Except as otherwise provided for, site alternation shall be limited in accordance with the na'Lural drainage capabilitiES of the major soil associations. The amount of site alteration in or adjacent to wetlands shall be limited to and guided by best management be guided by best. manag.ement practices by wetland type. Upland areas are 206 only limited by .the type of development that will be adjacent'to sensitive wetlands. Wet- land areas are .limited in most cases .@, 1_u alteration within the property boundaries. Covenants sliall be placed on deeds of pro- perty, subdivisions, plats/o'r pl Iat approval containing wetland areas that have been altered to the 10% limit. Pro-perty using the allowable 10% wetland alteration may not be subdivided or resell said property and ex- pect to.alter an additional 10% of t6e wet- lands. Application for-permit automatically allows city officials entry to the property under alteration for the purpose of inspec- tion in regard to the requirements of this ordinance. (b) It shall be the responsibility of the devel- oper to provide the information which will allow satisfactory determination cf ..,hether such lands lie within the upland areas or wetland areas or any combination thereof. Soil types-can be used in this determination. The U.S. Soil Conservation Service Soil Survey for Duval County may be used as a guide. This determination shall be made by an 207 engineer or the U. S. Soil Conservation S e r v i c e (4)" Soils exposed during site alteration, shall be stabilized and redrained in,ponds or equivalent structures'or systems maintained in order to prevent runoff and siltation from leaving'the construction site. (5) Any altered site shall be revegetated, such revegetation to be substantially completed with- in 30 days followin.g completii* of a development and maintain a 90% survival rate of the plants. Revegetation shall be accomplished with pre- existing species, except that exotic species shall not be replanted or propagated without prior authorization. (6) Development shall not detrimentally change the quantity of ground and surface water available fo r recharge to the shallow aquifer. (7) The development shall not impair the.water re- tention and filtering capacity of wetlands soils or vegetation. (3) New drainage facilities shall release water in a manner approximating the natural local surface 208 flow regime through a reten.tion pond or equivalent structure or system, either on site or to a natural retention or natural filtration and flow area. New drainage facilities shall also main- tain a ground water level sufficient to protect wetland vegetation through the us-e of weirs or equivalent structures o.r systems. Said facilities shall not retain, divert or otherwise block or channe'l the naturally occuring flows in a strand, slough, wetland or flood plains. (9) Site alteration shall be permitted only wKen such alteration will not cause siltation of wetl'ands or reduce the natural retention and filtering capabilities of wetlands. (10) Ground water withdrawal shall comply with the standards and regulations of the City of Jackson- ville, the State of Florida, the St. Johns River Water Management District or their successor agency. ARTICLE VII 209 DENSITY TRANSFERS/DENSITY CREDITS SECTION 7-1 DENSIT Y TRANSFERS/DENSITY CREDITS: Any portion of a residenti al subdivision which lies within. an area of special flood hazard or selected wetlands may be given density credits equal in val u'e to the density of the residential development-allowed by the zoning of the property. The landowner shall have the option of transferring these density credits only to portions of the same propo.sed residential subdivision which lie outside special flood hazard areas or selected wet-' lands, thereby maintaining the same total density with- in the subdivision as if the special flood hazard area or wetland had'been developed. This provision shall-be app-lied only if the Planning Director and the Director of Public Works find that the following conditions will be met. (1) The construction of the proposed residential sub- division without density credit transfer wil.1 have adverse effects on existf.ng structures and uses in 210 the event that flooding occurs or adverse effects to wetlands and natural water bo dies are likely to result; and The density credit transfer will no.t increase the density of residential development on the land to which the transfer oc-curs by more than the density of the residential development on the.total land area (boundaries of the development or subdivi- sion) permissible prior to the transfer. If this subsection can be satisfied by density credit transfer from only a portion of the land lying within a special flood hazard area, then this sectiod shall apply to said area. (3) On property with more than 50% wetlands within its 6oundaries, 50% of the wetland may be used to calculate density transfers. (4) The density credit transfer-shall be co-nsistent with the permitted uses allowed by the zoning classification. (5) The density credit transfer shall only be allowed in subdivisions developed and approved pursuant to the City of Jac ksonville Regulations and the fact of the density credit transfer shall be noted on the face of th @'e plat in such form as prescribed by the City. Said notice-shall constitute a covenant r,,jnriing with t.he land, enforceable by the City. 21 1 ARTICLE VIII REMEDIAL PROVISIONS SECTION 8-1 ADMINISTRATIVE APPEAL: The Planning Commission shall hear and decide administrative appeals. Persons bringi ng su ch appeals must present competen"t evidence to refute the administration decision. SECTION 8-2 VARIANCES: The Planning Commission shall hear' and decide requests for variances in accordance with the following provisions: (1) In order to grant a variance from any provision of this ordinance the Planning Commis sion must determine that: I I (a) there has been a showing of good and suf- ficient cause, in determining good and sufficient cause exists for granting a variance, the following factors will be considered: 212 (1) economic hardship (2) aesthetic deficiencies (3) adverse environmental impacts b special conditions and circumstances exist which are peculiar to the activity, land, structure, or building involved and which are not appl i cable to other activities, lands, structures, or buildings in the same area of special.flood hazard, (c) the special conditions and circumstances did not result from the actions of,the applicant, (d) failure to grant the variance would result in exceptional hardship to the applicant. (e) granting the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances, and (f) granting the variance will not cause unneces-. sary destruction of wetlands or wetland function. 213 (g) the variance is the minimum necessary to afford @elief. (2) Generally, the gra.nting of a variance irom the t @O provisions of Article V shall be limited to new construction or substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots.with existing structures constructed below the base flood level. While deviations from this limi- tation may occur, as the lot size increases, the technical justification required for issuing a variance shall also increase. (3) Planning Commission may attach �uch-conditions to the granting of variances as it deems neces- sa'ry to further the purposes of this ordinance. (4) Variances shall not be issued within any desig-- nated regulatory floodway if any*increase in flood levels during the base flood discharge would re- s u 1 t . (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places, 214 without regard to the procedures set forth in this Article. SECTION 8-3 PROCEDURE: Applications for administrative appeal s and vari ances s-hal I be submi tted to the ap pro- priate city agency, together with such fee and upon such form as the...City Council shall prescribe by resolution. Applications for a variance shall also be accompani ed by a devel opment pl an appi i cati on . Upon receipt of a complete applicatio-n, a public hearing shall be scheduled. Noti,ce of said hearing shall be published in a newspaper of general circulation not less than ten (10) days prior to the date of the hearing. The applicant shall be given notice by mail. ARTICLE IX SECTION 9-1 PENALTY: Violation of this o rdinance shall be punishable by a fine not to exceed $500.00 a day or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. Each day shall 215 constitute a separate violation. Violations of this ordinance shall a.1so be subject to mitigation :-ocedures deemed appropriate to restore as much as possible the natural function of the area. SECTION 9-2 PROCEEDINGS FOR INJUNCTION: In addition to the remedies provided herein, the City!s General Counsel is authorized to make application in Circuit Court for an injunction restraining any person from violating or continuing to violate any of the provisions of this ordinance or from failing or refusing to comply with the requirements of this ordinance. Such application for injunction may also seek entry of a count order requiring restoration of any unlawfully altered land. SECTION 9-3 SEVERABILITY.: The pr-ovisions of this ordinance are severable, and if any provision or part thereof shall be held invalid or unconstitutional or inappli- cable to any person or circumstances, such invalidity, unconstitutionality, or inapplicability -shall not affect or impair the remaining provisions of' this ordinance. SECTION 9-5 EFFECTIVE DATE: This ordinance shall take effect 30 days after passage and signing.- 216 ORDINANCE AN ORDINANCE PRESCRIBING MINIMUM WATER MANAGEMENT STANDARDS FOR DEVELOPMENT OF AREAS OF SPECIAL FLOOD HAZARD; FLOOOPLAINS AND SELECTED WETLANDS; PRESCRIBING REQUIREMENTS AND PROCEDURES FOR DEVELOPMENT PLAN APPROVAL.; PROVIDING FOR THE ADMINISTRATION OF SAID REGULATIONS; PROVIDING PROCEDURES FOR APPEALS AND VARIANCES; PROVIDING A PENALTY; PROVIDING FOR MITIGATION; PROVIDING FOR INJUNCTIONS; PROVIDING FOR SEVERA81LITY; AND PROVI'DING AN EFFECTIVE DATE. ARTICLE I GENERAL PROVISIONS S E C T 10 N 1-1 SHORT TITLE: This Ordinance shall be known as t h e CITY OF J-ACK SON V I L LE SURFACE WATER MANAGEEMENT CODE.. 217 S E C T 10 N 1 - 2 P U R F S E The purposes of this Ordinance are t o mimimize the ',E:rse impacts of development on resources of the potable shal 1 ow water aquifer and flood detention areas, 2) promote the pub 1 i c heal th , safety and general wel f are , 3) minimize public and private losses due to flood conditions i n sp ec i f i c ar e a s , 4 ) reduce the potential burden of all taxpayers i n the County through the us e of pu b I i c expend i t ures f o r f 1 ood control projects and - i nf rastructure expansi on and maintenance, 5) restrict or prohibit uses which are dangerous t-o h e a I t h , saf ity and prop'e'rty due to water or erosion in flood conditions, 6) protect the storage. capacity of flood plains, 7) prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands, 8) protect the normal quanti- ty, quality and flow of ground water and surface water which are necessary for the protection of resources of state, regional and local concern, 9) protect the water available for aquifer recharge, 10) protect the normal supply of ground and surface water, 11 protect the water retention and filtration capabilities of wetlands, 12) protect the- general biological functions of wetlands, 218 13). protect the natural flow regime of drainage basins and 11 protect the design capacity of f lood-deten t ion a r e a s a n d the water management ob 4eCtiVeS Of these areas t h r o u g h t h e m a i n , e n a n c e o f h y d r o I o g-i c characteristics of drainage-basins and wetlands. SECTION 1-3 APPLICABILITY: The regulations h e r e i n s e t f o r t h shall apply in all areas of selected wetlands and to all lands lying within 100 feet of a watercourse within th.e_app_ropriate service dis-tricts excluding the unconsolidated Beaches and Baldwin area. SECTION 1 -4 EXE.MPTIONS.: T h e- following activities are exempt from the.provisions of this Ordinance: Any emergency act ivity which is immediately necessary -for the protection and preservation of 1 ife or property or for the protection of preservation of a natural resource. S u c h emergency activities include, for example, search and rescue operations; preventive and. emedi al acti viti es rel aLed to large-scale contamination of streams or other bodies of w a t e r , floods, hurri canes and other storms a n d pu b I i c health concerns. Within five (5) days af ter tne commencement of such emergency i n v o 1 v i n g t h e u n d a r t a k i n g o f any activity w h i c h o t h e r w i s e w o u I d b e t r e a t e d as a regulated activity under this Ordinance, the person c@iefly responsible f o r u n d e r t a k i n g 219 such emergency activity shall send a written statement to the Public Works Department setting forth the pertinent facts regarding such emergency, including an explanation of the life, property or resource such activity was designated to protect or preserve. SECTION 1-5 PROVISIONS DECLARED TO BE MINIMUM REQUIREMENTS: The provisions of this Ordinance are intended to be minimum requirements and shall take precedence over any less restrictive conflicting local laws, ordinances or codes. SECTION 1-6 WARNING AND DISCLAIMER OF LIABILITY: The degree of flood protection and surface and ground water protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering condiserations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Ordiance does not imply that land outside the areas of special flood hazards or uses permitted within such area will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City Council or by any official or employee of the City of Jacksonville for any flood damages or adverse effects of changes in quanity or quaility of surface or ground water that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. ARTICLE II DEFINITIONS SECTION 2-1 DEFINITIONS: Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning thay have in common usage and to give this Ordinance its most reasonable application. Administrative Appeal means a request for review of any administrative decision or interpretation made under this Ordinance. Aquifer means an underground formation, or group of formations, or part of a formation, that is permeable enough to transmit and store usable quantities of water, Area of Special Flood Hazard is the land in the flood plain subject to a one percent(1%) or greater change of flooding in any given year and shown as "A" zones and "V" zones on the Flood Hazard Boundary Map. Council means the City Council of the City of Jacksonville, Flordia. City Administrator includes, but is not limited to, the City of Jacksonville's Directors of Public Works, Planning Department and Building and Zoning or their designated staff. Density Credits means a value equal to the maximum number of residential dwelling (family) units which may be constructed on given amount of land under the existing zoning classification of that land, usually expressed in dwelling units per acre. Density Transfer- moving the allowable density of a building site from one location to another. Developer means any person, including a governmental agency, undertaking development. Development means: (a) any man-made change to improved or unimproved real estate including, but not limited to, mining, dredging, filling, grading, paving, drilling, (except to obtain soil and mineral samples) or excavtion operations. In this Ordinance, development means: (1) The establishment of a subdivision. (2) The construction and maintenance of a road, whether paved or unpaved, and related to drainage systems. (3) The establishment of a mobile home park. (4) The clearing of land as an adjunct of construction. (5) The deposit of refuse, solid or liquid waste or fill, on a parcel of land. (6) Construction and maintenance activities by any utility company. 7 T h e u s e o f I a n d for the purpose of g row in g. p 1 a p t s , c p s e e s o r o t h e r a g r i c u 1 t u r a 1 o r f o r e s t r y products; r a i s i n g 1 ivestock; o r o t h e r a g r i c u I t u r a 1 p u r p o s e s , provided, however, that such I and us e s h a I I o n I y b e s Lib ject to the requi rements o f s u b s-e c t i o n s 6 - 1 1 a n d 6-1(2) of Article VI. (8) New construction. '(9) Substantial improv.ements. The following activities s h a 1 1 n o t constitute developmen-t for purposes of Articl-e VI (Water Management Standards): Co n s t r u c t i o n o r s u b s t a n t i a 1 improvement of a single fami ty residence i n wh i ch th.e owner of t h e p r o p e r t y , at the time of appl icati -;. for a bu i 1 d i ng P e r -,n i t i n t e n d s to reside upon its completion. 224 Modification of any existing structure that does not constitute a substantial improvement. Installation of one uninhabited residential accessory structure per lot. (Principle structure and accessory building cannot exceed 35% of the lot coverage of the zoning district of which they are a part.) Development Permit includes any building permit, plant approval or subdivision plan approval, utility permit, variance or other action having the effect of permitting development. Engineer means a civil engineer registered and currently licensed to practice in the State of Florida. Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) the overflow of inland waters 225 (b) the unusual and rapid accumulation of runoff of surface waters from any source Flood Hazard Boundary Map (FHBM) means an official map of a community, is s u e d by the Federal Insurance Administration where boundaries of the areas of special flood hazards have been designated. Floodplain of Flood-Prone Area means any land area susceptible to being indundated by water from any source (see definition of flooding). Generally delineated by Flood Hazard Boundary maps. Floodplain - the area adjacent to water courses that is susceptible to periods of inundation. The areas adjacent to water courses that receives the overflow of water when excess water is present. Flood Proofing means any combination of structural and non-structural additions changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. 226 Floodway means the channel of a river or- other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. New Construction means structures for which the "start of construction commenced on or after the effective date of this ordinance. Site Alteration means development including, but not limited to removal of, or damage to vegetation; by filling, ditching, dredging draining , excavation , earth moving water containment and chanrges in the natural flow regime, or the effects of such actions . Start of Construction, for the purpose of this ordinance, means the firs placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work including the first state of excavation or land clearing. Permanent construction includes land preparation, such as clearing, grading and filling; it includes the installation of streets and/or walkways 227 it includes excavation for a basement, footings, piers or foundations or the erection of temporary forms; it I acl.tides the i@nstallation on the property of accessory buildings, such as garages o r s h e.d s not occupied as dwelling units or riot as part of the main structure F o r a structure ( other than a mobile home) without a basement or po'ured f o o t i n g s , t h e "start of construction" includes the first permanent framing or assembly of the structure orany part thereof on its piling or foundation. F o r mobile homes' n o t w i t h i n a mobile home park or mobile home subdivison, "start of construction" m e a n s the affixing of the mobile home to its permanent site. F o r mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on wh i c h t h e c'o n s t r u c t i o n o f f ac i 1 i t i es f o r s e r v i c i n g t h e s i te on which the mobile home i s t o be affii...ed ( i n c I u d i n g , a t a m i n i m tj m , t h e con s truct i on o f s t r e e t s , e it h e r f i n a 1 s i t e grading or the pouring of concrete pads, and installation of uti 1 i t i e s ) i s commenced. 228 Variance means a gr,ant of relief from the requirements.of t0s ordinance. Watercourse means a channel, havinq defined banks , whi ch i s cut by ero;ion o f r u n n i n g w a t e r through turf, soi I , rock or other material- and over the b o t t o m o f w h i c h w a t-e r f 1 o w s f o r substantial periods of the year. T h e term "watercourse" shall include both the upstream and downstream po r t ions of a watercourse which is lost in -a swamp ora lake, if-iteme rges from such swamp.. or 1 ak e i n a wel I defined channel; and it shall include any watercourse whi ch h a s b e e n improved by confining it in an artifici-al channel S e I e c t e d W e t I a nds. - Wet', and t y p e s d es i g n a t e d i n t h e 2005 Comprehensive P I an , included as sensitive areas in the 2005 Pl an or i ts succes s or 229 1--AR.TICLE III ADMINISTRATIVE RESPONSIBILITIES SECTION 3-1 CITY ADMINISTRATORS: The duties and responsi- biiities of the designated city officials under this ordinance shall include, but not be limited to the following: Process all developme6t. plan applications for new construct i o n a n d s u b s t a n t i a 1 improvements a n d r e v i e w t o a s s u r e t h a t the requirements of this ordinance have been met. P r o c e s s a p pl i cations for a 1 1 a p p e a 1 s a n d variances. R e v i e w p e r m i t a p p 1 i c a t i o n s f o r proposed development to assure that all-necessary permits h a v e b e e n o b t a i n e d f rom those Federal , State or local governmental agencies from which prior a p p r o v a 1 i s required . Letters from agencies mus-t be received. 230 Process all development plan applications which do not involve new construction and substantial improvement and review to assure that the requirements of this ordinance have been met. Provide inter agency coordination and cooperation in the interpretation and application of this ordinance. Make necessary interpretations to determine the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Make necessary interpretation of soil surveys to determine classification of proposed development site. Review for approval all subdivision proposals to determine if such proposals meet the requirements of this ordinance and whether such proposals will be reasonably safe from the base flood. Notify adjacent communities and the State of Florida, Department of Community Affairs, prior to any alteration or location of a watercourse, and submit evidence of such notification to the Federal insurance Administrator. Review all development plan applications for commercial sites to assure that the requirements of this ordinance are met. 231 As sure that maintenance is provided within the altered or relocated portion of said watercourse so that the fIood carrying capacity is not diminished. 0btain review and reasonably utilize any base flood elevation data available from a federal, state or other source, when base flood elevation data has not been provided by the Federal Insurance Administrator. ARTICLE IV DEVELOPMENT PLAN APPROVAL SECTION 4-1 DEVELOPMENT PLAN APPROVAL: A development plan shall be submitted and approved prior to the issuance of any development permit for: (1) Compliance with established review procedures. (2) New construction or substantial improvements undertaken in an area of special flood hazard or selected wetlands. (3) Any development undertaken within 100 feet of a watercourse. 232 SECTION 4-2 DEVELOPMENT PLAN': Prior to the issuance o f any d-evelopment permit for which application is made after the effective date of this ordinance, the applicant must submit a de-:!fo@xment plan, in triplicate, as part of the application,'.or development plans for these areas can be included as part of the general ,site plans, review process (sketch plans and required drawings)'that proves that the proposed development meets or exceeds the standards set forth in this.ordinance. The development plan must be drawn td.scale showi ng the nature,1ocation, dimen- sions and elevations of the area in question; existing and proposed structures; fill and storage of materials; drainage facilities and the location of the foregoing. Specifically, the following information must be provid- ed (1) A I egal description of the pro perty. (2) A s i te. p I an showi ng the I ocat i on and di mens i onis of all existing an.d proposed structures. (3) A description prepared by an engineer of the. extent to which any watercourse will be altered or relocated as a result of the proposed development. (4) A soils analysis prepared by an engine-er or the U.S. Soil Conserval on Service delineating the uplands ind wetland soils associations. 233 SECTION 4-3 APPLICATION PROCEDURES: Application for de- velopment pl an for ne1w construction or substantial improvements shall be submitted to the applic-able city agencies. Applicati-ons shall be on such form and accompan'ied by such fee-as may be established by r-eso- lution of the Council. The application shall be reviewed within ten working days for a determination of sufficiency. If insufficient, the application shall be returned to the applicant for completion. If suf- ficient, the appl-ication sh'all be approved, approved with modifications or conditions, or disapproved within ten working days or, if other authorization to commence development is being sought, simultaneously with such other authorization (such as a building permit or sub- division plan approval). ARTICLE V WATER MANAGEMENT STANDARDS SECTION 5-1 GENERAL STANDARDS: The following minimum stan- dards snail apply to all development which occurs with- in an area of special flood hazard, to any man-made change to iinproved or unimproved real estate, in or adjacent to selected wetlands, includina, but not 234 limited to, mining, dredging, filling, grading, paving, drilling, (except to obtain soil and mineral samples) or alteration operations within 100 feet of a water- course. (1) The development.shall provide for the release of surface water runoff, collected-or uncollected, in a manner approximating the natural, surface water flow regime of the area. (2) Treatment of storm [email protected] runoff shall be provided by settling ponds, soil fixatives,.control of non-point chemical pollutants or the equivalent structures or systems-when such runoff may con- taminate surface or ground water resources or if direct discharge has not been approved by applicable'agencies. (3) (a) Except as otherwise pr.ovided for, site alternation shall be limited in accordance with the natural dra"nage capabilities of the major soil associations. The amount of site alteration in or adjacent to wetlands shall be 'Jaided by best management practices by wetland type. Upland areas are 235 only limited by the type of development that wi 1.1 be adjacent to sensitive wetlands. Wet- Tand areas are limitpd in most cases to 10% alteration within the property boundaries. Covenants shall be placed on deeds of pro- perty, subdivisions, plat'slor plat approval containing wetland areas that have been altered to the 10 % limit. Property us ing the allowable 10% wetland alteration may not be subdivided or resell said property and ex- pect to alter an additional 10% of the wet- lands. Application for permit automatically allows city officials entry to the property under alteration for the purpose of insper.- tion in regard to the requirements of this ordinance. (b) It sha 11 be the responsibility of the devel- oper to provide the information which will allow satisfactory determination or whe.ther such lands lie within the upland areas or wetldnd areas or any combination thereof. Soil types can be used in this' determination. This determ ination shall be made by an 236 o n engineer or the U. S. Soil Conservati S e r v i c e (4) Soils exposed.,,,during site alteration shall be s t a b ilized and redrained in ponds or equivalent structures or systems mainta-ined in order to prevent runoff and siltation from leaving the construction s i t e (5) Any altered site shall be revegetated, such revegetation to be substantially completed with- in 30 days following completion of a development and maintain a 90% survival rate of the plants. Revegetation shall be accomplished with pre- existing species, except that exotic species shall not be replan.ted or propagated without prior authorization. (05) Development shall not detrimentaNy change the quantity of ground.and surface water available for recharge to the shallow aquifer. (-7) The development sh@,ll not impair the water*re- tention and filtering capacity of wetlands soils or veget at ion. (3) New drainage facilities shall relea:,,P water in a manner approximating the natural local surface 237 flow regime through a retention pond o r eq uivalent structure or system, either on site or tb h natural retention or natural filtration and flow area. New drainage facilities shall also -nain- tain a ground water level sufficient to protect wetland vegetation through the use of weirs or equivalent structures or systems. Said facilities shall not retain,"divert or otherwise block or channel the naturally occuring flows in a strand, slough, wetland or flood plains. (9). Site alteration shall be permitted only when such alteration will not cause* siltation of wetlands or reduce .the natural retention and iiTte'ring capabilities of wetlands. (10) Ground water withdrawal shall comply with the standards and regulations of the City- of Jackson- ville, the State of Florida, the St. Johns River Water Management District or their successor agency. ARTICLE VI 238 DENSITY TRANSFERS/DENSITY CREDITS SECTION 6-1 DENSITY TRANSFERS/DENSITY CREDITS: Any portion o fa residential subdivision which lies within an area of special flood hazard or selected wetlands may be given density credits equal in value to the density of the residential development allowed by the zoning of the property. The landowner shall have the option of transferring th.ese density credi.ts on ly to portions of the same proposed residential subdivision which lie outside special flood hazard areas or selected wei- lands, thereby maintaining the same total density with- in the subdivision as if the special flood hazard area or wetland had been developed. This provision shall b'e applied only if the, Planning Director and the Director of Public Works find that the following conditions will be met. (1) The construction of the proposed residential sub- division without density credit transfer will h-2 adverse effects on existing structures and uses i-n 239 the event that floo;ding occurs or adverse effects to wetlands and natural water bodies are likely to result; and The 'densi'ty credit transfer wi'll not increase the density of residential development on the land to which the transfer occurs by more than the density of the residential development on the tot.al land area (boundaries of the development-or subdivi- sion) permissible prior to the transfer. If thi"s subsection can be satisfied by densl;ty credit transfer from only a portion of the land ly'ing within a special flood hazard area, then this section shall apply to said area. On property with more than 50% wetlands within its boundaries, 50% of the wetl and may be used to calculate density transfers. (4) The density credit transfer shall be consistent with the permitted uses allowed by the zcning classifi-cation. (5) The density credit transfer shall only be allowed in subdivisions developed and approved pursuant to the City of Jacksonville Regulations and the fact of the density credit transfer shall be noted on the face*of the plat in such form 'as-prescribed by the City. Said notice shall constitute a covenant running with the land, enforceable by the City. 240 ARTICLE VII REMEDIAL PR`OVISIONS SECTION 7-1 ADMINISTRATIVE APPEAL: The Planning Commission shall he.ar and decide administrative ap-peals. Persons bringing such appeals must present competent evidence to refute the administration decision. SECTION 7-2 VARIANCES: The Planning Commission shall hear and decide requests for variances in accordance.with the following provisions: (1) In order to grant a variance from any provision of this ordinance the Planning Commission must determine tha@.: a) 'there has been a showing of good and suf- ficient cause, in determining good and sufficient cause exists for granting.a variance, the following facto-- will be considered: 241 (1) eco-nomic hardship (2) aesthetic deficiencies adverse .1 1 . envi r,.i ii ta I i mp act s (b) special conditions and circumstaInces exist which are peculiar to the activity, land, structure, or building involved and which are not applicable to other activities, lands, structures, or buildings in the same area of special flood hazard, (c) the special conditions and 'Circumstances did not result from the.actions of the o applicant, (d)- failure to grant the variance would res-ult in exceptional hardship to the applicant. (e) granting the v.ariance will not result in increased flood heights, additional threats Lo public safety, extraordinary public expense, create-nuisances, cause fraud on or victimization of the-public, or4 conflict with existing local laws or ordinances, and tf) g ranting the variance will not cause unneces- sary destruction of wet-,ands or wetland function. (g) the variance is the minimum necessary to aff.ord relief. 242 (2) Planning Commission may attach such conditions to the granting of variance-s as it deems neces- sary to further the purposes of this ordinance. (3) Variances shal-I not1be issued within any desig- nated regulatory fldl@odway if any increase. in flood levels during the base flood discharge would-re- s u I t (4) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the.@ationa! "kegister of Historic Places or a State Inventory of H istoric Places, without regard to t he procedures set forth in this Article. SECTION 7-3 PROCEDURE: Applications for administrative appeals and. variances shall be submitted 'to the appro- priate city agency, together with such fee and upon such form a s t@he City Council shall prescribe by resolution. Applications for a variance shall also be accompanflad by a development P1 an app 14 cat ion. Upon receipt of a complete application, a public hearing shall be.scheduled. Notice of said hearing s'hall-be published in a newspaper of general circulation not less than ten (10) days prior to the date of the hearing. The applicant shall be given notice by mail. 243 ARTICLE VIII SECTION 8-1 PENALTY: Violation of this ordinance shall be punishable by a fine not to exceed 5OO.00 a day or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. Each day shall constitute a separate violation. Violations of this ordinance shall also be subject to mitigation procedures deemed appropriate to restore as much as possible the natural function of the area. SECTION 8-2 PROCEEDINGS FOR INJUNCTION: In addition to the remedies provided herein, the City's General Counsel is authorized to make application in Circuit Court for an injunction restraining any person from violating or continuing to violate any of the provisions of this ordinance or from failing or refusing to comply with the requirements of this ordinance. such application for injunction may also seek entry of a court order requiring restoration. of any unlawfully alternizd land. SECTION 8-3 SEVERABILITY: The provisions of this ordinance are severable, and if any provision or part-thereof shall be held invalid or unconstitutional or inappli- cable to any person or circumstances, such invalidity, unconstitutionality, or inapplicability shall not- affect or impair the remaining provisions of this ordinance. SECTION 8- 4 EFFECTIVE DATE: This ordinance shall take effect 30 days after passage and signing. 244 PROPOSED AMENDMENTS TO SUBDIVISION'RE-GULATIONS SECTION 654.107 Preapplicatiun Procedure AMENDMENT 654.107-b-(l) (1) Twelve copies or'such other number as' required by the plannin.g staff of a written statement -generally describing the conditi on of the site and the proposed development of the.entire subdivison. This statement shall include data on existi ng covenants, any we tl and areas , either freshwater or salt marsh ( ti dal ) wetl ands , as d e f i n ed by the 2005 Comprehens ive Plan for Jacksonville, Duval County, e x i s t i n g s o i 1s and s o i I c h a r ac te r i s t i c s a n d information describing the subdivision proposal such as number of residential lots , t y p i c a I lot width a.nd depth, public areas and other information t-he developer may consider pertinent. AMENDMENT 654.1.07-b-(2) (2)_ Twelve copies or such other number as required by the planning staff of a sketch pl an including the name and I o c a t i on. of the proposed s'ubdi vi sion; name, telephone number and address of the devel oper; the date and Nort h po i n t ; t h e stseet, 1 a t and bl ock 1 ayout; a 'layout of adjoining streets and platted lots; the location of existing improvements wh i c.h s h o u 1 d be consi dered ; and topgraphi c contour I i nes at two-foot intervals where the groundslope is less than three percent and f i v e-f oot contour intervals where the ground s I o p e i s g r e a t e r t h a n t h r e e p e r c e n t u n I e s s a g r e a t e r i n t e r v a 1 i s suf f i c ient to define requi rements; general location and size of existing wetlands, either fresh-water or s a 1 t m a r s h (tidal) wetlands, as defined in the 2005 C o m p r e h e n s i v e P I a n a n d p r o p o s e d u s e s a n d o t h e r considerations. E levation shall be based on the National Ocean Survey datum pl ane and. the plan be drawn to scale of not more than one inch equals one hundred feet. S E C T 1 0 N 65 4 . 1 0 8 - Procedure for approval of final construction plans for required improvements; c o n d i t i o n a approval of preliminary plat. 245 AMENDMENT 6.03.1 '-!-1@1-bLAdd (12) + b P r e 1i m inary p 1 Upon approval of the sketch pl an as outlined in-.654.107, @'he developer wi 11 prepare p r e I i m inary pl at at a 'scal e of not more than one hundred feet to the inch together with improvements and construc tion plans and other supplementary material as follows: Add 12 ) general location of existing wetlands, fresh water or salt marsh (tidal*) wetlands that are adjacent or connected to water bodies or in the case of isolated (not hydrologically connected) wetlands 5 acres in si ze or 1 arger and proposed use of these areas. Wetlands as defined above will not be included in subdivision lots as buildable area. SECTION 654.109 - Procedure for approval of final plat. AMENDMENT - 654.109-a-(11) Add - (11)-existing wetlands, fresh water and salt marsh (tidal ) wetl ands, a's def ined by the 2005 Comprehens i ve Pl an for Jacksonville and approved use of these areas. Wetlands as defined in the.2005 Comprehensive Pla,fi will not be included in subdivision lots as buildable area. 2461 SUBDIVISION REGULATIONS CHAPTER 654 publicly recorded, the correction of defects is SUBDIVISION REGULATIONS costly and difficult. Subdivided land sooner or later becomes a public responsibility, in that 654.101 ShOrt title. roads, drainage and utilities must be mai- 654.102 Purpose and intent. qained and various customer-, municipal serv- 654.103 Jurisdiction must be provided. The welfare of the ei.:4rE 654.104 Applicability City is directly affected by land subdivision. 1: 654.105 Definition. is to the interest.of ail taxpayers and citizens. 654.106 Preparation of plats. the developer and future residents that subdivi- 654.107 Pre-application procedure. sions be conceived, designed and developed 654.108 Procedure for approval of final con- accordance with sound practice and appropmarE struction plans for required improve- standards. ment. conditional approval of pre- (b) The intent and purpose of these liminary plat. regulations is to provide for the harmonious de- 654.109 Procedure for approval of final plat. velopment of the City-, to secure a coordinaces 654.110 Design standards: streets. layout and adequate provision for traffic with.- 684.111 alleys. subdivisions and with other existing or planned 654.112 easements. streets: and to secure adequate provision fot 654.113 blacks. light air, recreation.. transportation, potabiE 654.114 lots. water, flood prevention, drainage, sewers, other 654.115 Required improvements: sanitary facilities and Chy services. It is also. monumments. the legislative intent that the guidelines anc 654.116 street name signs. general standards set out in the comprehensivE 654.117 storm drainage. pian adopted under Chapter 650 shall be o- 654.118 clearing and grading of served in the administratiah of these regula. tions, sd that the growth and development o.- 654.119 bridges and culverts. subdivisions which are approved under thl 654.120 sewer and water. chapter are consistent with the comprenensivE 654.121 streets; curbs and gutters; plan. sidewalks. (c) In addition to the minimum re- 654.122 Utility lines. quirements for construction of such improve. 654.123 Street lighting. ments as roads and drainage, compliance with 654.124 Director to enforce and administer. the intent of these regulations requires that 654.125 Deviations. good design be practiced in subdivision piar. 654.126 Fee. aing, valuable and scenic natural Features by 654.127 Enforcement. conserved and adequate open space be mud( 654.128 Penalties. available for public use. Subdivision desigi 654.129 Amendments. should be adapted to the pacuiL-ities and oppor 654.130 Subdivision Standards and Policy tunities of the site, should utilize contemnorary Advisory Committee. imaginative design and should avoid monoto nous repetition of pattern, gridiron lay-outs ant 654.101 Short title. This chapter shall long, straight minor or collector streets. Size be known and may be cited as the (.code of Sub - shape and orientation of lots and biocks she-, division Regulations, City of Jacksonville. be carefully considered with relation to futur use of the various lots to be created. History.--Ord. 68-57-112,s.1; Ord, 70-650-526; Ord. 71 (d) It is intended that this chanter b 397-181; Ord. 78-178-270, s. 1; Ord. 83-591-400, s. 1. liberaily construed to accomplish its stated pur Note.-Formers. 712.101 poses. 654.102 Purpose and intent- It is de- History.-Ord. 68-57-112. s. 2; Ord. 70-650-526; Ord. 71- termined and declared: 397-181; Ord. 78-1778-270,s. 1; Ord. 80-354-351, s. 8; Ord. (a) Land subdivision is the first step in 83-591-400 s. 1. Note.--Formers. 712,102. community development- Once land has been 6.54.103 Jurisdiction. The regulation subdivided into streets, lots and blocks and herein set out shall apple to all lands wwithin th 247 LAND USE CIty, except within the Second, Third, Fourth subject to the control of the City anqd certificates and Fifth Urban Services Districts. No land of cash deposited, assigned and delivered to the shall be subdivided nor a building or structure city. or a cart thereof constructed in an area that is (h) community is a deveqloomene- offer- subdivided after July 11, 1978, unless the sub- inqg eventually all social and physical aspects of division conforms to the provisions of this chap- a full living environment. A full living environ- ter. -ment includes not only housing in a variety of History, Ord. 68-57-112, s. 3: Ord.70-650-526:Ord. 71- types and size ranges but also opportunities For 397181; Ord. 78- L79-270, a. 1. Ord 83-391-400,s.L. Note. Formers 712. 103. employment as well as facilities for educational, recreational and cultural participation- (i) Department means the Public 654.104 Applicability. In order to sub Works department. divide land and file a plat thereof, the require- (j) developer means a person or his ments set out in this chapter shall be met and duly authorized agent who undertakes the sub- the procedures herein set forth shall be followed. division of land as defined herein. The term This chapter is supplemental to anqd does not developer includes the term subdivider. supersede applicable State statutes. (k) Director means the Director of Pub- History.-Ord. 6q-57-11:2. 4. Ord. 70-6508426.20rd LTI- lic Works. 397 81.0rd& TS-178-270,s. I;or4& 83-59-1-4Wo.s. 1. (1) easement means an interest in land Note,- Formers 712.104 granted for a limited-use purpose but not con- veying title to real property. 654.105 Definition3. As used in this (m) engineer means - an engineer li- chapter. censed in Florida (a) abutting property means property (a) horse trail means land. that has that is immediately adjacent to property that is been cleared, trodden, prepared or constructed subject to review under these regulations or in a fashion to permit the passage at a person or property that is located immediately across a persons on horseback- The path should be phy- road or public right-of-way from the property sically separate from vehicular traffic at all tqha. is subject to review under these regula- points except for crossings. tio. (0) improvements, public means any of (b) alley means a riqght-of-way which the following, which are listed only for the pur- affords only a secondary means of access to prop- pose of illustration and emphasis: street pave- erty abutting thereon. ment with or without curbs and gutters; side- (c) bicycle path means land that has walks; alley pavement, water mains-, sanitary been-trodden, prepared or constructed in such a sewers, storm sewers or storm drainage and way as to permit the continuous passage of per- street name signs.. sons riding bicycles. The path should be sepa- (p) Land includes the words water. ated and/or protected by physical barriers having an marsh or swamp. vehicular traffic and devoted. to the primary use (q) iot includes the words plat or of bicycle traffic. parcel. A lot or plot is a parcel of land of at least- (d) block includes a tier or group of lots sufficient size to meet the minimum require- edsing within well-defined and axed boun- ments of the Zoning Code as to use, coverage and daries, usually being an area surrounded by area and to provide the yards and open SP.- Ies streets or other physical barriers and having an required by the Zoning Code- A lot is also iden- assigned number, letter or other name through tified as a single unit in a subdivision. which it may be identified. (r) lot depth has the same meaning as (e) block or lot corner means an angle in the Zoning Code. point in the boundary o4qta block or lot. (s) lot width has the'same meaning as (f) building includes the word struc- in the Zoning Code. ture and shall be construed as if followed by the (t) neighborhood is a geographic area phrase or part thereof within which residents may all conveniently (g) cash or cash deposit means cash, share common services and facilities required in cashier's and certified checks for immediately the vicinity of their dweilings. Neighborhood payments to the City, cash deposited in accounts boundaries are generally set either by. natural 248 SUBDIVISION REGULATIONS features, such as topography, stream valleys or terrain; by major streets including freeways; by artifical feature such as railroads, power lines or other development obstruction; or by planning elements such as recreational and other open space uses or community facilities. (u) New town is a land development project having acreage sufficiently large to encompass land use elements of residence, business and industry which, when developed, provides: (1) opportunities for living and working within the community. (2) a full spectrum of housing types and prices ranges. (3) permanent open space in passive and active recreation areas with sufficient land on the periphery to protect the identity. (4) strong aesthetic controls. Tho these specifications is added sufficient financing to provide the moneys for initial development needs. (v) paving width means the horizontal width of a paved surface, excluding curb and gutter. (w) permanent reference monument (PRM) means a concrete monument with iron pipe, iron pin, or cross-cut designating a specific point. (x) planning staff means the technical staff of the Regulatory Division. (y) plat means a subdivision plan of real property which has been sibdivided into lots, block, plot or parcels and: (1) preliminary plat means a map or sketch of a proposed land subdivision showing the character and proposed layout the suitability of the proposed subdivision of land and meeting the requirements of s 634.108(b). (2) final plat means a finished drawing of a subdivision showing completely and accurately all legal and engineer information and certification necessary for recording. (3) plat of record means a plat that conforms to the requirements of Chapter 177. Florida Statutes and that has been accepted, recorded and numbered, as to plat book and page, by the local government authorities and being in conformance with its requirements. (z) right-of-way means land to be used for a street, alley, walkway, water, sewer or drainage facility or other public purpose. (aa) sidewalk means an area prepared and intended primarily for pedestrians, excluding self-propelled vheicles. (bb) sight distance means the maximum extent of unobstructed vision in a horizontal plane along a street located at a given point or the street. (cc) street means a thoroughfare which affords the principal means of access to abutting property regardless of the term, such as lane or way, used to describe it and: (1) arterial street means an intermediate street carrying more traffic and for greater distances than a collector street but less than a major arterial street. It may carry traffic to an expressway or major arterial street. (2) collection street means a street which functions to conduct traffic between major arterial streets and/or activity centers. It is a principal traffic artery within residential areas and carries relatively high volumes or traffic with a usual average daily traffic rang of one thousand to three thousand vehicles. (3) cul-de-sac means a local street intersecting with another street at one end and terminating at the other end in a vehicular turnaround. these streets are limted to one thousand feet in length; however, the Planning Commission may approve a cul-de-sac of greater lengths where, due to topographical conditions, design considerations or the number of lots to be located on the street, a greater length may be deemed necessary. (4) expressway means a street or highway which is devoted entirely to the task of traffic movement, serves little or no land-services function, is characterized by at least some degree of access control, provides for large volumes of traffic at relatively high speed and is primarily intended to serve long trips. (5) local street means a street designed and maintained to provide access to abutting property. A local street is of limited continuity and not for through traffic. (6) major arterial street means a street used primarily for traffic traveling considerable distances within or through an area not served by an expressway. A major arterial is of considerable continuity and is used primarily as a main traffic artery. A major arterial may also be a limited access street. 249 LAND USE (7) marginal access street means a street which is parallel and adjacent to an expressway, arterial street or limited access street or in the immediate vicinity of these streets and which has the principal purpose of relieving these streets from local service of abutting property by providing protection from conflicts with through traffic. A marginal access street may also be called a frontage street. (8) private street means a street designed to serve more than one property which is privately owned and maintained on a recorded easement and which has been approved by the Director under the provisions of s 654.110(k) or Chpater 730. (9) public street means a street designed to serve more than one property owner which is dedicated to the public and is accepted for ownership and maintenance by the City. (dd) subdivision includes all division or resubdivision of a tract or parcel of land into three or more lots, building sites or other divisions for the purpose, whether immediate or future, of sale or building development according to a plat of record and includes all divisions of land involving the dedication of a new street or a change in existing streets; provided, that the following shall not be included with in this definition nor be subject to the provisions of this chapter: (1) the combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots comply with the standards of this chpater and the Zoning Code. (2) the division of land into parcels greater than five acres where no street right-of-way dedication is involved. (3) the public acquisition by purchase, acceptance of deed of dedication or exercise of the right of eminent domain of strips of land for the widening or opening of streets. (4) the division of a tract in single ownership whose entire area is not greater than two acres, into not more than tree lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this chapter and the Zoning Code. (ee) surveyor means a land surveyor registered in Florida. (ff) used or occupied includes the words intended, designed, or arranged to be used or occupied. (gg) walkway means a right-of-way intended primarily for pedestrians, excluding self-propelled vehicles. (hh) work includes required construction shown on approved plans and specifications for all facilities and features of any kind 654.106 Preparation of plats. Plats are to be prepared by a surveyor and plans for required public improvements shall be prepared by an engineer. The developer shall present a letter to the Planning Commission naming the surveyor and engineer whom he has employed to prepare the plat and the plans for required improvements. 654.107 Pre-application procedure. (a) The puprose of the "pre-application" is to allow the developer and planning staff the oppurtunity to consult informally prior to the preparation of the preliminary plat and formal application and the secure Planning Commission approval of the proposed subdivision as contemplated by the sketch plan. It is intended that this procedure will assist the developer in preparing a plat which will meet the requirements of these regulations. (b) Prior to the filing of an application for conditional approval of the preliminary plat, the developer shall submit the following to the Planning Commission for study and information discussion purposes: (1) Twelve copies or shuch other number as required by the planning staff of a written statement generally describes the conditions of the site and the proposed development of the entire subdivision. This statement shall include data on existing covenants, soil characteristics and information describing the subdivision proposal such as the number of residential lots, typical lot width and depth, public areas and other information the developer may consider pertinent. (2) Twelve copies or such other number as required by the planning staff of a sketch plan including the name and location of the proposed subidivision: name, telephone number and address of the developer: the date and 250 SUBDIVISION REGULATIONS North point; the street and lock layout; a layout of adjoining streets and platted lots; the location of existing improvements which should be considered; and topographic contour lines at two-foot intervals where the ground slope is less than three percent and five-foot contour intervals where the ground slope is greater than three percent unless a greater interval is sufficient to define requirements and other considerations. Elevations shall be based on the National Ocean Survey datum plane and the plan shall be drawn to a scale of not more than one inch equals one hunder feet. (3) If the developer proposes to construct a subdivision in stages, the nature and extent of the stages shall be clearly delineated at this time and the written statement and sketch required by paragraphs (1) and (2) shall cover all proposed stages. (c) This section does not require an application fee for filing with the Planning Commission. Upon receipt of a sketch plan, the planning staff shall hold a pre-application conference within fifteen working days with the developer to review the proposed subdivision and shall forward copies of the material received to State and local agencies which might be concerned, including the Public Works Department, the Duval Couty School Board, the Jacksonville Electric Authority, the Jacksonville Transportation Authority, Southern Bell Telephone and Telegraph Company, the State Department of Transportation, where applicable, and the Recreation and Public Affaird Department. LAND USE engineering plans meet applicable standards (f) Examination of plat materials re- required by the Department, three additional quired. The Director or other appropriate City copies of the plans shall be submitted. If the or State department to which the planning staff engineering plans do not meet applicable stan- refers the preliminary plat and required sup- dards required by the Department, the plans plementary material shall each check the pre- shall be revised and five complete sets of the liminary plat and supplementary, material re- revised plans shall be submitted including: quired by these regulations. (1) ground elevations and con- (g) Planning staff approval. The plan- tour intervals on the tract based on the National ning staff shall approve or disapprove the pre- Ocean Survey datum plane at minimum contour liminary plat and required improvement and intervals suffient to show dispostion of sur- receipt there of pursuant to subsection (d). face drainage. (h) Conditional approval. The plan- (2) subsurface conditions on the ning staff may conditionally accept the pre- tract: location and results of tests made to as- liminary plat and required improvement and certain subsurface soil and groundwater con- construction plans and other supplementary ditions; and the depth to groundwater unless materials as presented or with minor modifi- test pits are dry at a depth of three feet. cations, if they are found to be in compliance (3) title and certificates; present with these regulations, or may refuse to accept tract designation according to the public records the preliminary plat and required improvement of Duval County; the names and addresses of the and construction plans when they are found not owners, including certification from the devel- to be in compliance with or readily capable of oper's attorney or an abstract company that the being revised to comply with these regulations. dedicator of the plat is the owner of record of the A full statement of the developer's responsi- property or , if the dedicator is not the owner, a bilities shall be worked out at this time, if con- certification that the owner of record of the prop- ditional approval is given. erty has consented to the submission of the (i) Decision recorded; forwarded to preliminary plat and that the dedicator has the Council. The action of the planning staff shall contractual right to purchase the property from be noted on six copies of the preliminary plat the owner, a statement from the owner or and the recommendations, together with a copy dedicator that there are no mortgages on the of the preliminary plat, shall be forwarded to the property, if there are none, or, if there is a Council. mortgage, a letter of acknowledgement from the (j) Compy distribution. Two copies of mortgagee stating that he approves of the the preliminary plat shall be returned to the proposed platting; and a certificate from the de- developer, one copy shall be retained in the veloper's attorney, abstract company or the Tax office of the Planning Commission, and one copy Collector that taxes due and payable at or prior each shall be distributed to the Director and to to the time the application for conditional ap- the Office of General Counsel. proval or acceptance if filed have been paid. (k) Meaning of Planning Commission (d) Application to Planning Commis- approval. Planning Commission approval of the sion. Six copies of the preliminary plat and sup- preliminary plat and other required supple- plementary material specified above shall be mentary material shall constitute acceptance of sumitted to the Planning Commission with a the final plat subject to the requirements of the written application for approval. The planning ordinance. Conditional approval of the prelimi- staff shall forward copies to the Director and nary plat and required supplementary material other required agencies. shall be valid for twenty-four months from the (e) Public Works Department report. date the Planning Commission give the ap- The Director shall report to the planning staff in proval. If the final plat is not submitted to and writing within ten working days the recom- approved by the Council during the twenty-four- mendations, findings or reports of the appro- month period, the conditional approvals shall be priate City departments to which he refers the null and void unless the Director grants an preliminary plat and supplementary material extension upon application by the developer. required by these regulations. (l) Council approval. The preliminary plat and required supplementary material and acceptance ordinance shall be submitted by the 252 SUBDIVISION REGULATIONS Office of General Counsel to the Council Sec- divisions, the final plat may be submitted retary for introduction to the Council within ten approval or acceptance progressively in contigu days after transmission by the planning staff for ous sections satisfactory to the Council. The approval by the Council and for recording of the final plat shall be at a scale of not more than one final plat upon fulfillment of the requirements hundred feet to the inch on a sheet eighteen of these regulations. The preliminary plat and inches by twenty-six inches and- shall include required supplemental material may be sub- the- following features: mitted to the Council in place of the-anal plat (1) Subdivision name or identi and it shall be deemed adequate for the first two fying title and the name of the record owner. reading by the Council. Before the third read- (2) primary control points ap ing by the Council, the final plat must be sub- proved by the Director or description and ties I stituted for the preliminary plat. It is the intent the control points, to which all dimensions of this subsection to require the planning staff to angles bearings and similar data on the- pla submit the approved preliminary plat and re- shall be referred. quired supple mentary material to the Office of (3) North point, scale, graphic General Counsel for review, approval and prep- scale and date; and the basis of bearing (desired aration of an ordinance accepting the plat and grid bearing). require the Office of General Counsel to forward (4) tract boundary lines, right the acceptance ordinance to the Council for ac- of-way lines of streets and easements and other tion. Upon Council approval, the ordinance and the anal plat and supplementary material will rights-of-way and property lines of residential be sent to and will remain in escrow at the office dimensions, bearings or angles, and radii, arch of the Corporation Secretary until the developer and central angles of all curves. Distances are to has fulfilled the requirements of these reguia- be accurate to hundredths of a foot and angles to tions. Upon completion and acceptance by the the newest ten seconds except where this is no Director of construction of the required improve- feasible due to topographical boundaries. ments or the posting of proper bonding and sub- (5) - location of the subdivision In with respect to section lines or a tie to a point o mission of the approved anal plat, the developer record if section lines are not readily available. shall pay the Ming fee anti the Corporation See- retary shall record the plat. (6) location of ail pertinent red History.-Ord. 68-57-112, s. 8; Ord. 70-650-526; Ord. 71- erence monuments. 397-181; Ord. 78-178-270, s. 1; Ord. 83-591-400, a. l. (7) the exact names, location Note.- Formers. 712.108. and width along the property lines of existing o recorded streets intersecting or paralleling the 654.109 Procedure for approval of boundaries of the tract. final plat- (8) the exact layout, includin: (a) Preparation of final plat. Upon ap- street and alley lines and rights-of-way, stree proval of the preliminary plat as outlined in s. bearings and widths (including widths along th 654.108, the final plat is to be prepared by a lines of obiliquely intersecting street); lengths c surveyor and is to be clearly and legibly drawn arcs, radii and points of curvature or chor in black india ink on tracing cloth or approved lengths and bearings-. points of tangency or -nor. equal as required for filing for record in the City tangency intersects; easements owned by- o and in accordance with the design standards rights-of-way provided for public utilities: an, and provisions of Chapter 177, Florida Statutes, lot, lines with demensions in Feet and hur as amended from time to time. The original and dredths, if feasible, and with bearings or angles nine paper prints of the final plat and sup- Street names shall conform to the City system. plementary material shall be submitted to the (9) lots numbered in accordanc Director who shall distribute copies thereof to with sq. 1077.091(188), Florida Statutes. the planning staff and other interested agen- (10) the accurate outline of propr cies, utilities and departments. Where neces- erty which is to be dedicated, reserved or pro sary, the plat may be on several sheets and each posed for public use, including- easements, an, sheet shall contain an index delineating that property that may be reserved by convenants portion of the subdivision shown on that sheet in deeds for the common use of the property owner :-elation of the entire subdivision. For large sub- 253 LAND USE in the subdivision, with the purposes indicated after the construction of required improvements 'hereon. has been inspected and approved by the City, (11) a reference to recorded sub- ownership of the improvements snail vest in the division plats of adjoining platted land by record City, except that: book and page number and plat name, the ad- (1) the title to the street light- jacent portions of which may be shown in out- ing standards shall vest in the ap 0. pr priaLe elec- line form. tric utility serving the area. (12) a complete legal description (2) the title to water and/or of the land to be subdivided. The legal descrip- sewerage system improvements located within tion shall be approved by the Office of General the territory covered by a certificate of public CounseL convenience and necessity issued by the State (13) a certification by the sur- Public Service Commission shall vest in the' veyor attesting to the accuracy of the survey and holder of the certificate. the legal description and that the permanent reference monuments have been established (3) the title to water and/or according to law and these regulations. sewerage system improvements in areas not (14) space and form for appro- covered by certificates of public convenience and priate certifications and acknowledgement m necessity shall vest in the City where the con- the following- tinuing services are to be provided by the City, (D the Mayor. except where the interest in titles has been ex- pressLy denied by the City. tary, (ii) the Council Secre- (d) Application. Application for re- (2U the Clerk of the Cir- cording of the final plat accompanied by a cuit Court. reaffed certification by the developer's ar- (15) unless this requirement is ney or abstract company or Tax Collector and statements by the owner or dedicator shall -be waived by the Planning Commission, on the face submitted in writing to the Director. Within of the plat an unreserved dedication to the pub- lie of streets, highways, alleys, parks, parkways, five working days after receipt of the application easements, commons or other public places in- With accomanying reaffirmed certifications, eluded within the plat. The dedication shall be statements and letters and the required cash subscribed to by the legal and equitable owners deposits, personal bonds with letters of credit or of the lands and shall be signed and acknow- surety bonds, the Director shall report in writ- ledged and the signatures attested to by two ing his findings to the developer and to the witnesses. Corporation Secretary for the Mayor's signature (b) the certification and real estate and recording. taxes. There shall be on the final plat a cer- (e) Certification. The final plat shall tification by a title opinion of an attorney-at-law be certified by the developer and countersigned licensed in Florida or a certification by an ab- by the Director that the developer has complied stractor or a title company showing that an ab- with one of the enumerated alternatives. If rent record title to the land as described and alternative (2), (3) or (4) is used, it will include shown on the plat is in the name of the person the cost of placing iron pipes and pins, as re- executing the dedication, if any, as it is shown quired in this chapter, together with the survey on the plat and the plat does mot contain a costs incident to their proper placement. A de- dedication, that the developer has apparent veloper may extend, renew or substitute collat- record title to the land. The title opinion or eral described in paragraphs (26)-8(4) one or more certification shall also show mortgages not sat- times; provided, that no- extension or renewal isfied or released of record in accordance with s. thereof or substitute therefor s hail have a matu- 17 7.041, Florida Statutes and -a certificate from rity or expiration date later than the time for completion of the improvements. The time for the developer's attorney, abstract company or the Tax Collector that taxes due and payable at completion of the improvements shall be a time or prior to the time the application for final specified in the ordinance approving the plat or approval or acceptance is filed have been paid. a later time as may be approved by the Director-. (c) Ownership of improvements. Upon provided, that, if the collateral secn -he approval and recordation of the final plat and completion of improvements has a maturity or 254 SUBDIVISION REGULATIONS expiration date shorter than the time for com- developer to complete the improvements within pietion, the time for completion shall be deemed the time required by the ordinance approving to expire upon failure of the developer to extend, the final plat after extensions a I . thE renew or provide substitute collateral for the Director. collateral at least ten days before the maturity (3) The deveioper shall furnish or expiration date, unless a later time is an- to th. City his personal bond secured by ar proved by the Director. unconditional and irrevocabl letter or creir (1) In the event the developer an amount quaqi to the total of engineering anc exercises the right to construct and complete construction costs for the Lnstailation anc required improvements prior to approval of the completion of the required improvements, whic- final plat, the City shall automatically become letter of credit shall be issued by a State ot vested with the right.to enter upon the property national banking institution to the City. ThE to be platted for purposes of inspecting the con- letter of credit shall be in the for approved be struction of improvements during the progress the Of grace of General Counsel. During -he pro of the construction. The developer's engineer cess of construction, the Director may reduce thE shall, on completion of the entire work on one dollar amont of the personal bond and letter o or rnore units of the subdivision, furnish the credit on the basis of work completed. The City Director with a written certificate of the com- after sixty days' written notice to the developer pletion accompanied by the records and data as shall have the right to use a Funds resuiting herein prescribed. If the Director finds that the from drafts on the letter of credit or the completion of the required improvements com- completion of the improvements in the event o plies with these regulations, the Cuial plat shull defauit by the developer or failure of the de be approved. veloper to complete the improvements within (2) The developer shall deposit the time required by the ordinance approving with the City or place in an account subject to the final plat or extension granted by tht the control of the City cash in the full amount of Director. the total sum of engineering and construction (4) The developer shall furnish costs for the installation and completion of the to the City a surety bond in the form and by required improvements. The developer shall be surety approved by the Office of General Cour. entitled to secure draws from the deposits or sel guaranteeing that, within the time require- account as installation progresses at stages of by the ordinance approving the final plat, th Construction established by the Director but not required work will be completed in full accor more frequently than monthly. A draw from the dance with. the final plat and ail condition cash deposit or account shall be made only attached thereto. copies of which shall he at within thirty days after the developer's engineer tached to and constitute a pan of the bond agret has certified to -the City that the cost of im- ment. The bond shall be in the amount equal t provement mstalled equals or exceeds the one hundred percent of the sum of engince-ir amount of the draw requested plus previous ahd construction costs. During the process C draws made and the Director has inspected the construction, the Director may reduce the dolla improvements and authorized the draw. The amount of the bond on the basis of work corr. Director shall have the right to reduce the pleted. The City, after sixty days' written notic amount of a requested draw to an amount he to the developer, shall have the right to brin reels is justified based upon his inspection of the actior r suit on the surgery bond for the corr, improvements and shall also have the right to improvements pletion of the i in the event refuse to approve a requested draw so long as default by the developer or failure of the d the developer fails to be in compliance with any veloper to complete the improvements with 61. of the terms and conditions of the plat or plans the time required by the ordinance approved. and specifications for tqhe improvements. The the final plat, orextensions by the 56birec2to'8n developer shall be entitled to receive inwrest History:;-12O8 86880807-112,& 29-q. Ord. 70-64580-0526. Ord. 0q7 1. earned on the deposit or aecount. The City, aftPr 8397-1481;2Ord- 74q9-10748-04V. 00 a. 1; Ord. 4843-0591-400.s. 1. - Forqmer:012.1049. sixrv days' written notice to the developer, shall Note.- 'nave the right to use the cash deposit.or account Cor he competion of the rovements in the 654.1010 Design standards: streets. -ventot.default by the developer or ilure of *he 1, a) The character, Aridth, grade and 255 LAND USE Location of streets shall conform to the standards sight distance in accordance with City Standard in this chapter and shall be considered in their Specifications. ilation to existing and planned streets, to topo- (i) Streets shall be ladd-out so as to graphically conditions and to public convenience intersect as nearly as possible at right angies and afery-and in' their appropriate relation to and no street shall intersect another street at the proposed uses of the land to be served by the Less than a sixty-degree angle. streets. Q) Property lines at street intefv N The arrangement of streets in a tions shall be rounded with a radius of twenty- subdivision shall either- five.feet or of a greater radius where required by (1) provide for the continuation the Oepartment and approved by the Ianing or appropriate projection of existing principal Commission. The Planning Commission may. streets in urding areas; or permit comparable cutoffs or chords in place or (2) conform to a plan for the rounded corners. neighborhood approved or adopted by the W Upon the specific approval of the Plan Commission to meet a particular situ- Planning Commission, areas shown on plats for ation where topographical or other -conditions streets, highways and alleys shall not be re- make continuance to existing street and prac- quired to be dedicated to the public if the ticbie. developer, on the plat, ants to owtiers of lots (c) Local streets shall be so laid out shown on the plat and to delivtrqy, pickup and that their use by through traffic will be dis- fire protection services, police and other author- curaged. ities of the law, United States mail carriers, (d) Where a subdivision abouts on or representative of utilities authorized to serve contains an existing or proposed arterial street the lands shown on the plat and holders of or expressway* the Planning Commission may mortgage liens on the lands a non-exciusive and perpetual right of ingress and egress over and require -sarginai access streets, reverse Cront- across the undedicated areas. In addition, the age with screen planting or fencing contained in a non-access reservation along the rear property Planning Commision may waive other require- Line, deep lots with rear service alleys or such ment herein that parks, parkways, easements, other treatment as may be necessary For ade- commons or other places included within the quate protection of residential properties and to plat. be dedicated to the public. afford separation of through and local tnaz a) Street rnirimu:m right-of-way and (e) Where a subdivision borders on or paving widths shall be as indicated in Table contia railroad right-of-way or Limited ac- 654-1, unless otherwise indicated or required by cess highway right-of-way, the Planning Com- law- mission may require an access street approxi- mately parallel to and on each side of the right- Right-of-Way Paving ;Vidth of-way, at a distance suitable for the appropriate S&VVt Type NA ftv (in feet) use of the intervening land, as for park purposes CoLlector (inedian optional) 80 34 Marginal access 60 24 in appropriate districts. Distances involving LA=k rights-of-way shall also be determined with due Without curb and gutter 60 20 regard for the requirements of approach grades With curb and gutter 50 24 and future grade separaona. Cuqi-dwsa= and loop scmets not ezceeding 1,500 feet M Reserve strij controlling access to in length: streets shall be prohibited except where their Without curb and gutter 60 240 control is placed in the City. With curb and Sumer so 20 (g) Street jogs with center-line offsets Aller. of less than one hundred fifty feet shall be Commercial 30 12 avoided, eacet wi-vera topographical conditions Residential 11 to make this provIsion impractical- The developer shall not be required to N When connecting streets deflect pave or dedicate an expressway, mal .or arterial from each other at any one point by more than street or arterial street. Additionai raht-)-way en degrees, they shall be connected by a curve and/or pavement width may be requare on ex- wira a radius adequare to ensure a 20 horizont sring streets by he-32Deparment and aqo-proved 256 SUBDIVISION REGULATIONS by the Planning Commission, based on approved (0) Street grades shall be determined stardards, to promote public safety and in relation to the drainage installations for the convenience or to ensure adequate access, subdivision. Plans for these designs (plans and circulation and parking in high-density resi- profile) shall be approved by the Director. The dentiai, cominerdal or industrial areas out no piars shall be designed and drawn in accordance additional right-of-way or paving shall be re- with City standard. Elevations shall be based quired from a developer in connection with ex- on the Saiional Ocean Survey datum. isting streets or highways which meet the stan- F1Z:c.--7.-8Ord. 68&44-s .1 12,s. 10- Ord 70-650-S26: Ord. -1 397. Lft Ord. 78.178.'270,1. 1; Orc 834491-400,s. 1. darqds in Table 654-1. Where a subdivision - abuts or contain an existing street of inade- quate right-of-way width, -additional right-of- way in conformity with the standards in Taqbie 654.111 : alleys. 654-1 shall be required for new sudivisions.- (a) Alleys shall be provided in corn- Dead-end streets, designed to be so mercial and industrial districts, except that the permanently, shall be prohibited except when Planning Commission may waive the require- designed as culdesacs The streets are limited ment where other definite and assured provision to one thousand feet in length, however, the is made for service access such as off-street load- PlAnning Board qmaqy approve culde-sacs of and unloading and parking consistent with and greater lengths where. due to topographical con- adequate for the uses proposed. The right-of- dition design consideration or the number of way width of an alley shall not be less than lots to be located on the street a greater length thirty qreet. unless otherwise approved by the is deemed necessary. They shall be provided at Director. the closed end with a circular dedicated area (qb) Alleys may be provided in resi- with a diameter of not less than ninety feet at dential districts- the property line and not less than fifty feet at (c) Alley intersections aqnqd sharp the edge of the pavement. There may be pro- changes in alignment shall be avoided but, vided in the center of the turnaround an un- where necessary, curves shall be cut off suf- paved island, surrounded by a curb, improved fiently to permit safe vehicular movement. with grass and landscaping that will not inter- (d) Dead-end alleys are prohibited qfqdre with sight distance, which has a diameter of History-f.Ord. 68-57.112.s. I I; Ord. 70-660-526. Ord. 7 1. not less than twenty feet. The Planning Com- 397-181;8Ord. 8& 178-27 0,s. 1; Ord 83-591-4qWqO.s. 1. Sion may permit a 'Y" or "T" design of Note.-Farmers. T12.1 11. proper size for vehicular turnaround. In those cases where dead-end streets are intended to be 654.112 -: easements. extended in the later stages of the subdivision as (a) Easements across lots or centered revealed by the pre-appfication material, tem- on rear or side lot lines shall be provided for porar,- turnarounds shall be provided at the utilities where necessary, sqball be at least Elf- present ends of those streets within the right-of- teen feet wide and shall extend from a street to a way areas required for those streets. street. (n) Street names and house numbers - N Where a subdivision is traverned shall conform to the street naming and house by a watercourse, canal, drainageway, non- numbering plan' of the City. New street names navigabie channel or stream, there shall he shall not duplicate or closely approximate provided a storm-water easement or drainage phonetically, in spelling or by use of alternate right-of-way conforming substantially with the suffixes such as Lane, way, drive, court, avenue or lines of the watercourse and such further width stre of the names of existing streets, exceut that a or construction or both as will be adequate For new s that is aqn extension of' or in the purpose. alignment with an existing street shall bear the (c) Other easements may be required same name as that borne by an existing street. for drainage purposes of such size and location The Building and Zoning Inspection Division as may be determined by the Direct. shall, within ten days of conditional approval of (d) Where necessary to safety and can- the preminary plat, assign or cause assign- venience, pedestrian and service easements or ment of house numbers on ail lots. rights-of-way may be provided. 257 LAND USE (e) Bicycle paths and horse-trail ease- fields shall conform to the standards of the ments or rights-of-way may be provided, subject Health, Welfare and Bio-Environmental Servi- to arrangements satisfactory to the City as to ces Department and the State Department of assumption of maintenance costs. Health and Rehabilitative Services. (f) Easements required by these regu- (2) depth and width of prop- lations within proposed subdivisions shall be erties reserved or laid out for commercial and provided at no expense to the City. industrial purposes shall be adequate to provide History.-Ord. 68-37.112.s.12;Ord.70-6500526;Ord. for the off-street service and parking facilities 71-397.18l;Ord.78-178.270.s.1;Ord.33-591-400.sl. required by the type of use and development Note.--Formers 712.112. contemplated. 654.113 -: blocks. (c) Corner lots for residential use shall (a) The lengths, widths and shapes of have extra width, greater than a corresponding blocks shall be determined with due regard to: interior lot, to accommodate the required build- (1) provision of adequate build- ing setbacks from an orientation to both streets. ing sites suitable to the special needs of the type (d) The subdivision shall provide each of use contemplated. lot with satisfactory and permanent access to a (2) zoning requirements as to public street. lot sizes and dimensions. History.-Ord. 68-57.112a.14;Ord.70-650-526; Ord 71- (3) needs for convenient access,, 397.181;Ord.78-178-270.a.1;Ord.83-591.400.s.l. circulation, control and safety of street and pe- Note.-Formers.712.114. destrian traffic and fire protection. 765/226 Required improvements: (4) limitations and opportuni- monuments. ties of topography, with special emphasis on (a) Iron pipes shall be placed at all drainage of the proposed subdivision and the block corners, angle points and points of curves possible adverse effects at that drainage on in streets and at intermediate points as required properties surrounding the subdivision. by the Director. (b) Block lengths shall not exceed one (b) A sufficient number of permanent thousand, five hundred feet between inter- reference monuments shall be set in each subdi- secting streets, except that the Planning Com- vision, in no case less than two monuments and mission may approve blocks of greater length. in no case. more than two thousand feet apart, ei- (c) On-grade pedestrian crosswalks ther within the tract, on the exterior boundaries may be required where deemed essential to pro. thereof or both, properly referenced, for both vide circulation or access to schools, play- construction and future City use. The perma- grounds, shopping centers, transportation and nent reference monuments shall meet the speci- other community facilities. Wheelchair ramps fications set out in s' 177.091, Florida Statutes shall be provided at intersections or crosswalks and, as may be required by the Director. as required by State law. (c) The location of permanent refer- History.-Ord.68-57.112.s.13;Ord.70-650-526;Ord. ence monuments shall be indicated on the final 71-397.181;Ord 78-178.270,s,1;Ord.83-591-400,s.l. plat. Iron pipes and pins and permanent refer- Note.-Formers.712.113. ence monuments shall be of the size, material 654.114 -: lots. and length specified by the Director. (a) The lot size, width, depth, shape (d) Lot corners shall be monumented and orientation and the minimum building with iron pipes, iron pins or permanent ref- setback lines shall be appropriate for the loca- erence monuments. tion of the subdivision and for the type of de- (e) Permanent reference monuments velopment and use contempiated. Lot arrange- (PRM) and permanent control points (PCP) shall ment and design shall be such that all lots will be set in accordance with s. 177.091, Florida provide satisfactory and desirable building Statutes, except that monuments, including lot sites. corners, must be placed before the developer is (b) Lot dimensions shall conform to released from his surety. If no surety bond or the requirements of the Zoning Code and: personal bond secured by a letter of credit is (1) residential lots proposed posted, monuments including lot corners must with individual wells and/or septic tank disposal be placed prior to acceptance for ownership and 258 SUBDIVISION REGULATIONS m aiqnteriance. Land monuments, incqluqainqg lot 654.118 -: clearing and gradin@ comers disturbed or destroyed in the prosecu- of ri2qg2qht3-oqf-wa4qy. The developer shall '6E tion of construction, shall be acc0qurateqlv wit- required to clear riqgqhts-oqf-way and to qmqaka nessed and replaced at the developer's expense grades, qiqnciuqdinqg grades' for streets. alleys anc upon the completion of construction. The Oe- drainage, consistent to grades of :he aqpprovec qpartment may accept a certification q:from the coqnstrticqtion plans. Debris shall be -removec developer's surveyor that the requirements of. from ri8qg8qhts-oqf-way. In the interest of the preser- this section have been qsnq"cqleqd. vation of existing trees aqnqd other natiq=-a. History.-6qOrd. q6q8-q37-112.s. 13. Ord. q7q0-q6q60-q52q6; Ord. beauty, the Department may vary from t6qhes,: q71-q397.q181. Ord. q78q&1q78q&2'q70.s. I; Ord. q3q3-q5q91-0qWO.sql. regulations where aesthetic aqnqd environmenta. Notq& -Former 9. 712.115. conditions will be enhanced. History.-Ord. 8qM2qV-112. q& q1q9: Ord. 70q6q50-q526-. Ord. q71 654.116 -: street name signs. The 397-18 1; Ord. 7q8- q17q8-270. s. 1. Orqd. 83-q6 q91 -4q00-i. 1. developer shall pay the City for the cost of street name signs and the City shall install street name signs at all intersections. q62q"q119 bridges and culverts. History.-Ord. q68q&q6q7.q11, s. 4qM. Ord. '1q0-q6q50-q52q6; Ord. (a) Culverts and bridges shall meet 71-q39q7-181. Ord. 83-q3q91-400.3.1. the standards speci0qSle2qd by the Director. Cul- verts shall be of a size to provide adequate drain- age opening and of sufficient length to extenc q62q"q11q7 -: storm drainage- beyond the shoulder lines of the road. (a) Subdivision improvements shall (b) Locations of bridges and culverts. include comprehensive storm drainage facilities with construction data and full specifications. for positive draiqaqie based on the rive-year shall be shown in an ethibit qwiqd approval or design storm unless the topographical, terrain acceptance of the final pqiqaqt shall not be ac or other conditions indiqqie that qa lesser period complished unless the exhibit is approved by 8qIqnE for storm design would meet good engineering Department. design.qpqlans as approved by the Department. Hqistorqr.-2qOrqd. q6q8-q57-112.s. 120: Ord. 70-650-62q6; Ord. "'I- Storm drainage plans and specifications shall be 397-181; Ord. '1q3- 1q7q8-2'70.s. q1: Ord. 83- q6940.& 1. prepared by an engineer. Storm elements shall meet or exceed current minimum standards q654.120 -: sewer a"qn'd water. established in accordance with s. 654.130 and (a) Public water and sanitary seqwe! shall include surface flow over pavements, piped systems shall be provided in each new suqb8qdivqi flow of collected runoff Andqior intercepted sion- however, the Department may find tha. groundwater. Open 3wales, ditches or other conditions are such that all or some of these in waterways shall require complete engineering stallations may not be necessary. Plans for usi design data pertinent to its design and its effect of c tanks. orqivate sewerage sys- within the particular drainage ridge to establish private septqi its adequacy for approval by the Director. tems or private- water systems must, in thest- cir (b) Drainage out i falls shall be designed cumstances, qb-e approved by requisite State anc City authorities before approval of the qprelimi and constructed to provide positive flow in pipe, nary plat. Private septic tanks or private sewer except that ditches or natural drains may be age systems and private water systems shall bf used as follows: so installed as to simplify later connection witq@ . (1) in flat terrain with high City systems. groundwater, these ditches may be 4q@equired to (b) Installation of water and'sanitaqrq- be concrete lined. (22q) significant natural drains seq-0qker systems shall' 0qbe in accordance 6qw0qit4qh t4qhq( standards required by the Director. 24qMeterqboxeq! may be used. for -public water service or meter boxes 8qfo. (3) other exceptions may be private water service systems which are placqeqt requested, in writing, with justification and ap- within C8qity-ow8qne4qd qri8qghqs-q-of-way shall be 4qlo 4qpqrqov8qi bv the Director for engineering con- caqte2qd in accordance with the provisions of s0qiderationqs. 612.44q034q(a4q). When meter boxes are qinsta2qileq- q_q@ H4qiqsqtqorqy.q-8qOr0qd. 0q64q8-4q50q7q-118q2, qs. q1q. 8qSq. Orqi8qi. 70-0q68q54q0-4q524q6: Ord. advance of meters, they shail oe piaced ut8qi2ql8qiq_-q@ Ord.708-117482 27, 0. Ord. 0q3q3q-q50q9q1 q-q4q00q0q.qsq. 1. Note-4F or8 meq'r s. the 84qiqrrensions set *or-q.h in qs. 4q612.460633(a an@ 259 LAND USE measurement shall be to the meter box 2U -in the dition. shall be that of the water utility serving cover. the water system. (c) Costs of instmqilqin water facilities [email protected]&2q1.qOrtqL'q70660-q52q6.0rcqL q7 11.39q7-q181, Ord. q7q8- q1q7q8-2q70, @L 1; Ord. q3 (including fire hydrants, rnetqir boxes and meter 4qNoqm-Former s. q71q2.q12q0. ox tops) and sanitary sewer and storm, sewer facilities sqa6qZ be borne by the developer, prv- q62q5q4.q1q1' streets; curbs and viqd, that, where the developer qLs required by the Director to install larger lines or facilities gutters; si2qdewn qi ks. .(a) Streets and public ways shall be than necessary to serve his development in or- cleared and graded, including side slopes, to the der to provide for future development, the dif- specified grade. If required to prevent erosion or ferences in costs between installing facilities excessive washing of the shoulders, protective adequate for the subdivision and the oversize measures shall be taken by the developer as re- lines shall be borne by the City; and provided quired by the Director. ftrther, thatq@ at the time as additional suqbdi- 8qN Streets shall be paved aqnqd stan- isionsshaqil make use of the oversize facilities, dard curb and gutter installed to meet the speci- the City qmay assess the cost to the future de- fications of the Department. Roll curbs may be veiopers proportionate to their respective use of permitted on local streets. The Director may the facilities. waive the curb and. gutter requirements. (d) With respect to fire protection: (c) Sidewalks shall be required on (1) the water system shall be both sides of all arterial, collector and local sized to provide qmaxqlq-uq= day domestic require- streets in areas qione2qd for lots of less than one- =ents at residential pressures not less than quarter oqf an acre and on at least one Side of local streets qin areas zoned for lots of one-qquar- thirty pounds per square inch at ail points in the system in addition to fire flows of at least five ter-acre or more, 9xqibqject to a sidewalk plan ap- hundred gallons a minute in single-family resi- proved by the Plarinn Co-mqi sion, except that dential subdivisions and at least 2qa6qfqteen hundred no sidewalks are required on minor cuqi-qde-sacs gallons a r ]IM'qute from at leaqt two hy2qdraats qLqi of four hundred feet or less and on loop streets oqf commercial, industrial, institutional and mul- eight hundred feet or less. The Planning Com- tipie-f6qkmily residential areas at a residual pres- mission qmay require sidewalks only an one side sure of at least twenty pounds per square inch at of. the street or waive the requirement for side- the hydrant. Water lines servinqghdraqnts in walks altogether based on its consideration of aql- residential subdivisions shall consist ofmaqin at terqnate peqdestriq= methods, environmental con- least six inches in diameter arranged so that cerns, design considerations, traffic volumes or they form a good gridiron of looped distribution. unique features of the site. Sidewalks shall be a Single main extensions supplying a Looped grid- minimum of four feet wide and _ shall be con- Ln or long lengths or dead-end mains seqmqing structed to the specifications of the Depart- more than one hydrant shall rot be less than ment. 760;8860;40;124q' qt pro- 2qlqgh inches in diameter. Fire hydrants qiqn F4qr is towqT.-8qOrd. 684q47-112, s. 22; Ord. q70-q6q5q0-qs8qa. 8qOrCqL posed singqie-qfanqi2qf2qly- residential unit develoo- 71-397-181: Ord- 78-1q78-2q70,3. 1; Ord. 78-2q74-105. s. 1. Ord. ments shall be not more than six hundred feet Xaqm-Former-_ 717-121. apart when measured along streets or acce0qp- tabie accessways, except in a cul-de-sac or qde;4,qi. 65,4qLIq2q2 Utility lines. Utility lines of end street, whe. t a fire hydrant shall be qlo'cqateqd all kinds, including those of franchised utilities, not more than six hundred feet from the center electric power and light, telephone an8qd tele- of the 4qturqnaroundqL Fire hydrants in commer- grapb, cable television, water, sewer and gas cial, 4q@8qndustria2qi, institutional and multiq-8qfa2q=qL8qly- shall be constructed and installed beneath the -residential developments shall be place32d.within surface of the ground unless it is determined by the Department that soil, topographical or an- town hundred 36qE36qf36qty feet of each structure and shall be no more than five hundred feet apart. other compelling condition makes the under- Fire hydrant spacing shall be measured along ground 8qi8qnstaLatio4qn of the utility lines as pre- streets or acceptable accessways. qscr4qibe0q@ herein unreasonable or i=prac2qdcaq-4qb4qle. (2) the responsibility For main- The underground installation of incidental ap- -anancqe of q'qa6qydqranqtqs qa Pod working con- purtenances such as qtq-rqans4qfor8qmer boxes. qqpeqdeqs- 260 taluqnted terminal boxes, meter boxes for and persons involved in the work to maintain electricity or. similar service hardware neces- the standards set by these regulations. sary for the provision of electric and co=uni- (c) Upon completion of the work. cation utilities shall not be requireL Below- where the work has proceeded under surety qgrqou0qnd-level installation shall not lue required bond, cash deposit or personal bond secured .by a of the electric and communication major feeder letter of credit, the developer's en4qO-aer shall lines which serve more than o0qheresidential sub- .-submit to the Director a certi2qf2qicate stating that division. The place-ent, installation main. the work has been entirely completed anqdrl-a,. it teqaqnce of utility lines shall be in conformance substantially co0qaorms in all respects to the with the respective utility company's constrquc- 0q0qina.q1 plat-anqd plans for required improvements qtion procedures s approved by the Department. and to the sqmecifications set by these reqgqia- The developer shall make the necessary cost and tions. On com* qpietion of the work, the developer other arrangements, including easements, for will furnish for approval as-built drawings of the underground installation with each of the the improvements to the Director. persons 6qf6qtq-nqisqhqiqnqg the utility services involved. (d) Upon receipt of this certificate of [a subdivisions of less than twelve lots or where completion, the Department shall -make a final the density of development is.less than one inspection of the completed construction on the dwelling an acre, the Department may waive site. In the event that the qimproyetneq;qnts are the requirement for underground installation if incomplete or do not conform to the require- the service to an adjacent area is overhead and ments of these regulations and the plans and no further development of the proposed subdivi- specifications, the Director shall noti8qkv the de- sin is contemplated This section shall not veloqper and the - develope0qes engineer so that apply to resuqbdivqisions of areas then developed, corrective measures may be instituted within if 'the resuqbdivision will not require material the life of the construction contrac and within and suqbstq=tqiaf c2qhaqn8qps in utility I qines or acces- the tenure of the con tor's performance bond. sory installation. (e) Upon completion of all of the eqle- Hlswr.-qOrqd. 68q&7-11.s. =;Ord. q7 q0-q6q50-q52q6-. Ord. ments of the work in accorqda'e with these res ulations anti the qpqiarqm and qpcq0qrications, the NevL-Fonners.71q.1= Director shall issue a certification that the work has been acceptably completed and furnish cop.- 2qW,8qLl2q= Sqtreeqtli8qoqtiqng. Thedeveloper shall provide street lighting standards in the es of the cerqiqfqi=tion to the 'developer, the dev- subdivision in accordance with thqe sqpecqi0qf0qi:, eloper's engineer, the Council and the Planning cations set forth by the electric utility serving Commqi sioqn. Upon issuance of the- certificate, the area aqqd the Department. The complete the surety bond, personal bond with letter of credit or cash deposit of the developer shall be street li8qg2qhtqin8qT system shall be maintained by the electric utility serving the area. released, if as-built construction plans have been delivered to and approved by the Director. Hqistorqy-qOnqL q83q7. L 12@ s. 24. Ord. -q5 -q526; Or& qHqiscorqy.-2qOrqL 68-57. L 12. @L 2q6; Ord. 70-q6q504q426. Ord. 71-7- 18 1;qtqL q7q3- 7 78-q270. a. 1; qOrcqL q83-591 0qWqO, a. 1. a,Frmer -_ 71q-12q3. 71 -397- 18 1. Or& q7q3- 17q8-2q70. a. 1; Ord. q3q3-q5-qil qte.-qFormer 3. 712.12 4. 68q"124 Director to enforce and ad- 62q"125 Deviations. minister. (a) Where the Planning Commission (a) For. the purpose n=f generally en- finds that compliance with the regulations set forcing and administeringqhqis chapter, t2qhe forth in this chapter wl'cause unusual or Director shall be deemed the ad2qm8qiqni qtrqative extraordinary difficulties because of exceptional officer of 2the City. and unique conditions of topography, access, (b) The q- 32qD 4qLq-q@ector or his dul y authorized location, shape, size, drainage or other physicqaqi representative shall make the necessary in- features of the site. it may grant a dqeviatior spections before, during and after the construc- from this chapter so that substantial justice may tion of the work so that the Planning Com- be done and the public interest secured: pro- mission and the Council may be currently in- vi2qded, that-the public interest is protected and oqr4qmqe0qd of the status of the development and so the development is in keeping with the general that the Director may eneraiqv assist agencies qsDirqit and intent of these regulations. The 261 0 LAND USE deviation may be granted upon written reuest proved by ordinance and recorded-. provided, of the developer setting forth the reasons for that no document shall be recorded @n the public each deviation and upon approval thereof by a records of Duval County, Florida reference ring to or majority vote of the Planning Cormmission and attaching a copy of a plat of a subdivision before subject ti the conditions as the Planning Com- the plat has beening approved by ordinance and mission may impose. No deviation may be recorded, unless the plat is exemptecl from this Panted if it would have the effect of aullifring v1sions hereof. chapter by other pro the intent and purpose of these regulations. (c) N0NO street number and ao, building .ion of a build- The standards and reuirements of permit shall be issued for the erecr this chapter may be modified by the Planning ing in the City on a lot, tract or parcel of land Commission in the case of a plan and program which violates the provisions of this chapter. for a new town, a complete community or a History.-Ord.68-57-112,s.27;Ord.70-650-526;Ord.71-397-181;Ord. 78-178-270,s.1;Ord. 83-591-100,s.1. eighborhood unit, which, in the judgment of Note.-Formers. 712.127 the P12"Ttin Commission, provide adeuate public spaces and improvements for the traffic 654.128 penalties and pe2@estrian circulations, recreation, light, (a) Violation of the provisions of this a and service after is of the tract when fully chapter or fedlure to comply with any of its developed and populated and which will provide the covenants or other legal provisions as will reuirements, including violations of conditions ensure that the development will not constitute an8d safeguards established in connection with an economic and tax burden on the City. grants or deviations, shall constitute a class 6C History.-Ord. 68-57-112,s.27;Ord. 70-650-526;Ord offense an2d, in addition, the offender shall pay 71-397-181;Ord. 78-178-270,s.1;Ord. 83-591-400,s.1. Note.-Formers. 712.125 all costs and expenses involved in the case. F day, the violation continues or recurs shall be considered a separate offense. 65,LI20 Fee. At the time of Ming a 6N Nothing contained in this section Final plat, the developer shall pay to the City a shall prevent the City from taking other tawf2ui fee of one hundred dollars plus two dollars for action, including resort to euitable action, as is each lot. necessary to prevent or remedy a violation. History.-Ord.68-57-112,s.27;Ord. 70-650-526;Ord. history.-Ord.68-57-112,s.30;Ord. 70-650-526;Ord71-397-181; 71-397-181;Ord.78-178-270,s.1;Ord.83-591-400,s.1. Ord.-78-178-270,s.1;Ord,83-591-400,s.1.Note-Formers 712.128. Note-Formers.712.125 654.129 Amendments. No amend. (a) No plat, or plan of a subdivision of ment to this chapter shall be made by the Coun- land shall be recorded by the Clerk of the cil until it has obtained a recommendation from Circuit Court until the plat has received final the Planning Cornmi sion on the amendment. approval in accorclance "with this chapter. The Council shall not adopt the ordinance urtil (b) No persoii or his agent owning land a public hearing has been held before the Coun- within a proposed subdivision shall 2t-ansfer or cil on the matter. I sell or agree to sell a lot or parcel of land located History.-Ord. 68-57-112,s.31; Ord. 70-650-526; Ord. 71-397-181. Ord. 78-L78-270.3. 1; Ord. 33-591-400,s, 1. within a subdivision by reference to, by exhi- Note-Formers. 712.129. bition or by any other use of a plat of the sub- divier, before the plates been approved by 654.130 Subdivision Standards and ordinance and has been recorded, unless ex- Policy Advisory Committee. empted by this chapter. "To with and in the (a) The Subdivision Standards and provisions of this subsection, nothing in this Policy Advisory Committee (hereinafter re- chapter shall prohibit a developer from agreeing ferred to as the Committee) is hereby created to to sell land located within a proposed sub- -eview and revise standards and policy to iie- division to a builder or codeveloper who desires ment the objectives of this chapter a4nd advise to develop and build upon the land for resale the appropriate Council committee of its deci- purposes. The developer shall be permitted to sions. The Committee shall be composed of eight refer to, e-lubit or otherwise use a plat of 'he members. Four members shall be appointed by proposed subdivision in connection with an the Mayor; Subject to coruirmaraon by the Coun- agreement to sell before he piat Has been ap. cil. These members shall be composed oi a rep- 262 0 SUBDIVISION REGULATIONS resentative of the home-building industry, a (3) to vote approval or disap- representative of the engineering profession, a proval of the reuested revisions. representative of the land developers and a relp- (4) to advise the appropriate resentative of private utilities. The remaining Council committee of approved revisions. four members shall be as follows: the City High- (e) In implementing its purposes un- way Engineer, the Manager of Water Services; der this section, the Committee shall have the the Director of Planning; and the City -Engineer. following duties and use the oil proce- Each appointed member serve for a tarni of dures: four years or until his successor shall have been (1) review and approve or revisE appointed and confirmed, however, of the initial by Committee vote the documents titled 0C11-. appointments, two of the members shall have Standard Specifications, City Standard Detaill terms of two years and the remaining members and Land Deveiopment Procedures within one shall have terms of four years. Vacancies of ap- hundred twenty days of July 11, 1978 and the pointed members occurring on the Committee chairman shall immediately advise in writing shall be filed for the unexpired term by ap- the appropriate Council committee of the ap- pointment by the Mayor, subject to confirmation. proval or revision of the documents and provide by the Council. copies to each Committee member. The ap- (b) the Committee shall be organized provaL documents shall continue in effect but as fdllows: the documents revising the existing document (1) The City Engineer shall be shall not become effective until ninety days later the chairman of the Committee. The chairman the chairman has advised the appropriate Coun- shall preside at all meetings of the Committee cil comznittee of the revision. and cause records and the minutes of the (2) entertain reuested revi- Committee to be kept. sions to the documents by. Committee members. (2) The Committee shall meet A member may- reuest revisions as a repre- on call by the chairman or, at the discretion of sentative of his entity or on behalf of the generai the chairman, in consideration of the reuest of public- a member. A uorum shall consist of a majority (3) hear reuested revisions at of the members. the appropriate meetings and at the direction oi ' (3) The Committee shall adopt, the chairman and to vote for approval or deniai amend and nmun-ri rules for the conduct of its of t2he reuested revision. btrmin and to implement the provisions of this (4) advise the appropriate Coun- Section. cil committee, through the chairman, of the vote (c) City Standard Specifications, City on the m0uested revision in writing and provide Standard Detads and Land Devlopment Pro- copies to each Committee member. The approv- cedures, currently in the custody of the Director, al of a reuested revision will not become eil-ec- are hereby adopted as the official documents tive until ninety days after the chairman has a8d@' contaia@dng the present and existing standards vised the appropriate Council ommittee. and policies used in the City and administered History.-Ord;78-178-270,s.1;Ord.83-591-400.s.1. by the Director in accordance with s. 654.124 Cor Note.-Formers.712.130. the implementation of this chapter. The stan- Constitutional and Statutory Provisions dards and policies shall remain in effect unless F.S.A 1163.260 Regultion of subdivision purposes. revised pursuant to absection (e). 4163.265 Sudivision reguiations; approval of sundiv, (d) The Committee is established for sion plans by commission. 241643.270 Subdivision revilations: adoption and amend. the following purposes: Mont. 2�10643-82'75 Subdivsion regulation penalties for arans- (1) to review and revise from 0ferring Lots in unrecorvied subdivsions. time to time the basic documents Setting forth 21163.280 Subdivision regulations reversion of subdivid- ed land to acre see. the rules, standards and policies presentday used 8i10643-2035 Subdivision reulatiorvi, erection of building-- in the City: adjacent to uns 0paroveu streets. 24 1603.290 Sundivision reglations: regulation of autho. (2) to provide a forum to hear nty to or-her governmental a0ge8n8mes. recuested revisions to the above-referenced doc- 163.2095 Building, piu2=otng, eiect2ncal. gas,11ire. sa8fev-, ana summary cooes. uments in order to keep the documents in a 177.O1-177.151 Platting generally current status. 177.0021 Legal status of recored piaits. 263 177.071 Approval of plat by governing bodies.177.091 Plats made for recording.177.101 vacation and annuiment of plats subdividing land 177.131 Recordation of Department of transportation officials of way maps and other governmental right of way maps.472.001-172.039 Landsurveyors generally.498.001-498.063 Florida Uniform Land Practices Law.Charter provisions Art 21 Area planning and land use regulations Administrative Law Provisions Fla Admin Code: Ch 27F-2 Development presumed to be of regional impact.opinons Fla. Ops. Atty gen. 1956 Op Atty Gen 056-121- Where subdivider has not recorded plant but has conveyed lots attaching copy of plat to conveyance and making of his office and may make assessments by reference to unrecorded plat as matter of last resort so that lands will not miss taxation.1957 Op Atty Gen 057-261- County surveyor of county engineer is precluded from establishing section or section marker where on did not previously exist.1957 Op Atty Gen 057-011 Where existing subdivision is resubdivided ans replatted roads and streets indicated on previous subdivision maps and plats may abandoned or changed without complying with state dealing with closing and adbandonment of roads only if plats and maps ae clearly within purviewof statute dealing with vacation and annuilment of plat which is not drawn on tracing cloth as required by 177.11 FS 1975 Op Atty Gen 075-77 Auhority to vacate sundivision on motion of county commissioners and upon certain conditions but only if board formally adopts and procseds accordance with requirements of Pt II of Ch 163 1978 Op Atty Gen 078-118 County is not authorized and cannot in any manner legally conveyer or transfer ownership and control of vacated roads or streets top homeowners association as such upon lawful vacation therefor abotting fee owners hold title in fee simple to vacated roadways or streets to center thereof unburdened and unnumbered by public therof unburdened and unencumbered by public prior easement to use roadways or streets for travel. 1978 Op Atty Gen 078-125 Municipality possesses no authority under Municipaal Home Rule powers Act to require property owners whose land about dedicated public street to prove& reversionary intrests or any other property intrest or property right in streetbed prior to and as condition vacation of such street. DAO Op 183 Closing of existing streets when subdivision is platted. Op 71.4 Aplication of Code of Subdivision Regulation (Chapter 712,Ordinance Code)to sale or improvement lands.Cross references Public records o f Duval County denned see 2.102(t)Director of Planning, see 30.101 Planning Commission,see 32.201-32.204 Director of Public Works see 32.101 Street Numbers to be assigned by building official, see housing regulations see Ch 108 Requirements for individual sewage disposal systems, Ch. 470 doption of comprehensive plan for City, see 650.101 Applicability of comprehensive plan to Urban Service Districts see 650.104 official actions required to conform to comprehensive pkan for City see 620.208 Floodplain regulations see Ch 652 Zoning Code see Ch 656 Regulations pertaining to private streets and roads, see Ch 730 Street construction regulations see Ch 744 Mehtod of placing subdivisions identification signs, see 746.107 Street and highways system for City see Ch 748 Water and Sewer Code see Ch 750 library Reference McQuillin: 1.70 Planning 1.73 Scope 175 Zoning ans subdivision control 1.80 New Towns 25.146a Dedication as condition precedant to development.33.04 Stationary dedications 33.05 mandatory dedication.33.08 Purposes for which dedication if proper.33.09 Property which may be dedicated.33.22 in general (plats and maps)33.23a requirements official approval. 33.24 operation and effect of plat.33.25 Sufficiency of description 33.26 Construction of plat: "parks" "common" "square" 33.28 vacation plat 33.24 Balanks on plat or map as showing intent to dedicate.33.43 Necessity for acceptance 33.44 Statory dedication33.45 sale of lots with reference to plat.33.47 Mode and sufficientcy of acceptance in general 33.68 Title acquired by dedication 33.73 rights of purchasers and abutters in general.33.74 Uses consistent with dedication:misuser.38.80 Effect of abandonment or misuser Shepard's:Subdivision 1 Subdivision 3 Subdivision 4 Subdivision 7 Subdivision 8 Subdivision 8.1 Subdivision 9 Subdivision 11 Subdivision 12 Subdivision 13 Subdivision 18 Subdivision 19 Subdivision 22 Subdivision 23 Subdivision 27 Subdivision 28 Subdivision 29 Subdivision 33 Subdivision 37 Subdivision 38 Subdivision 40 Subdivision 41 Subdivision 43 Subdivision 45 Annotation validity under due process clause of regulations as to subdivision maps or plats or of conditions imposed to approval thereof, 11 ALR2d532 Construction of regulation as to dedication of portions of lands to public use, 11 ALR2d546 Designation of public lands on maps or plats vesting title under stature 11ALR2d567 Validity and construction of ordinance requiring land developer to dedicate portions of land for recreational use or make payment in lieu thereof 46ALR3d862. Validity of zoning ordinance designation residentual development until establishment of public service in area 63 ALR3d1184 failure of vendure to comply with statute or ordinance requiring approval or recording of plat prior to conveyance of property as rendering sale void or voidable. 77 ALR3d1058.The Use of Special Assessment District ad Indipendent Special Districs as aAid Financing Private Development 53Cal L R 364 Control of Land division by Municipal Planning Boards 40 Corn L R 258 Uncle tom Multi Cabin Subdivision Constitution Restrictions on racial Disrimination bythe developers, 53 Corn L R 314. Land Subdivision Control in Florida 8 Fla L R 486 Timing and Sequential Control-Essential Basis for Effective regional planning 58 Minn L R 1011 Zoning Program Phased growing rampoo Township's Time Controls on Residential Development 47 NYU L R 723 Subdivision Land Dedication Objective and Objections. 27 Stan L R 419 Democracy in New Towns The limit of Private Government 36 U Chi L R 379 Dedicated Rights Under Misuser and Alienation of Lands Dedicated for Specific Municipal Purposes 7 U Fla R 82 manditory Dedication of Land by Land Developers 26 U Fla L R 41 Survey of Florida real Property Law 16 U miami L R 139 No growth and related Land Use Legal problems an Overview 9 Urban L R 122 The consistency of imposing increased community Costs on New Subur residents through Subdivision Exactions 73 Yale L R 1119 Suburban growth control economic and Legal Analysis 86 yale L R 386 Subdivision Control Ordinances I current Mun problems 1 urban Beautification Its Fashionable 1 Current Mnn Problems 435 Performance Bonding for Subdivisions improvements 2 Current Mun Problem 27 Open space Acquisition 2 Current Problems 431 Notes Decisions Plat act is designed and intended to inform general public, who would be purchasers or subdivision property of extant facts concerning such property and the plat should properly be constructed against developer who created it and choose words with reference to it Coffinan v. james 177 So2d 25 (1965) PROPOSED AMENDMENTS. TO FLOOOPLAIN REGULATIONS 652.102 Definitions Add (s). undue stress - in-regard to selected wetlands this means more than 10% alteration of the wetlands within-property boundaries. - 1 652.106 Special exception us-es within General Floodplain .Di stri ct A-6. Add: does not cause undue stress or de struction of selected wetl ands @266 CHAPTER 652 economic use ofland in relation to hte hazards FLOODPLAIN REGULATION involved shall be permitted in flood-prone areas. History-74-1145-675.s1:Ord.7T-419-490.s.h 652.101 Legislative findings adn declarations Ord. 33-591-400 a.L. 652.102 Definitions Note-Formers 601.101 Note-The functions vested in the Secretary of Housing 652.103 Creation of General Floodplain Dis- and Urban development pursuant to the National Flood in- surance act of 1968 and the Flood Disaster Protection Act of trict 1973 were transferred to the Director of the Federal Emer- gency Management agency under 202 of Reorganizaion 652.104 Permitted uses within General Plan No 3 or 1978. 43 Fed. Reg. 41943.92 Stat 9808. Floodplain District 652.105 Special excaption permit required 652.102 Definitions. As used in this 652.106 Special excaption uses within Gen- chapter. eral Floodplain District (a) Administrator means the Federal 652.107 Special excaption and variance per- Insurance Administrator, to whom the Secre- mit precedure: application; time tary of Housing and Urban development has limite; recourse upon denial. delegated the administration of the program. 652.108 Exemption from chapter of land bor- (b) applicant means a person who sub- dering and lying beneath davigable mits information to the Director in support of a waters. variance or excaption. 652.109 Compliance and prohibition penalties (c) area of special flood hazard means and remedies. the land in the floodplain within a community 652.110 Penalties adn remedies subject to a one percent or greater chance of 652.111 Abrogation and greater restrictions. flooding in a given year. The area may be des- 652.112 Interpretation. ignated as zones A, A0, and A1 through A10 and V1 652.113 Warning and disclaimer of liability. through V9 on the FIRMs. (d) base flood means the flood having 652.101 -Legislative findings and one percent chance of being equaled or exceeded Declaration. The Council finds and declares in any given year. (e) coastal high hazard area means the (a) The Congress of the United States area subject to high velocity waters, including passed and the President signed into law the hurricane wave wash or tsunamis. The area is National Flood Insurance Act of 1968 [42 U.S.C. designated on a FIRM as zone V1 through V9. ss. 4011 et seq.] and the Flood Disaster Protec- (f) Director means the Director of Pub- tion Act of 1973 [42 U.S.C. ss. 4001 et seq.] lic Works. which, in recognizing the hazards from floods (g) existing use mean a land use, ex- and the consequential losses therefrom, broad- cept new construction or substantion improve- ened flood insurance protection and lowered the ment as herein defined. rates for flood insurance purchased by property (h) flood or flooding means a general owners living in communities which adopt ade- and tempory condition of partial or complete quate floodplain ordinance with effective en- inundation or normally dry land areas from: forcement provisions consistent with federal (1) the overflow of inland or standards to reduce or avoid future flood losses. tidal waters. (b) The Federal Insurance Adminis- (2) the unusual and rapid accu- tration, a division of the United States Depart- mulation or runoff of surface waters from any ment of Housing and Urban Development has source. promulgated regulations and prepared certain (i) flood elevation determination definitive maps of flood-prone areas entitled means a determination by the Administrator of Flood Insurance Rate Maps (FIRMs) which de- the water surface eievation of the base flood; lineated the floopplians herein defined, many of that is, the flood level that has a one percent or which are unreulated and shall be controlled greated chance of occurrence in any given year as set forth hereinafter. (j) Flood Insurance Rate Map (FIRM) (c) Only deveionment which is appro- means an official amp of a community on which ate in light of the probablity of flood-damage the Administrator has delined both the spe- and which represents a reasonable social and cial hazard areas adn teh rish premium tones 267 FL00DPLAIN REGULATIONS applicable to the community. For the City, the affixing of the mobile home to its perma- FIRMS are numbered H&I-01 through H&I-13 nent site. For mobile homes within mobile home at a scale of one inch equals two thousand feet. parks or mobile home parks or mobile home FIRMS exclude the Second, Third, Fourth and subdivisions, start of construction is the date on FIFTH Urban Services Districts and certain fed- which the construction of Facilities for servicing eral and State reservations. Official copies of the site on which the mobile home is to be FIRMS shall be kept on display in the Public affixed (including, at a minimum, the con- Works Department. struction of streets, either final site grading or (k) floodplain or flood-prone are the pouring of concrete pads and installation of means a land area susceptible to being inun- utilities) is completed. dated by water from any source. (r) substantial improvement means a (l) floodproofing means a combination repair, reconstruction or improvement of a of structural and non-structural additions, structure, the cost of which equals or exceeds changes or adjustments to strutures which re- fifty percent of the market value of the structure duce or eliminate flood damage to real estate or either. improved real property, water and sanitary fa- (1) before the improvement or cilities, structures and their contents. repair is started; or (m) flooway means the channel of a (2) if the structure has been river or other watercourse and the adjacent low damaged and is being restored, before the dam- areas that must be reserved in order to dis- age occurred. For the purposes of this definition, charge the base flood without cumulatively in- substantial improvement is considered to occur creasing the water surface elevation more than when the first alteration of a wall, ceiling, floor a designated height. or other structrural part of the building com- (n) habitable floor means a floor usable mences, whether or not that alteration affects for living purposes. which includes working. the external dimensions of the structure. The sleeping, eating, cooking or recreation, or a cam- term does not include either: bination thereof. A floor used only for storage (1) a project for improvement of purposes is not a habitable floor. a structure to comply with existing State or local (o) new construction, means structures health, sanitary or safety code specifications for which the start of construction (as herein de- which are solely necessary to assure safe living fined) commenced on or after December 1, 1977. conditions; or (p) registered professional engineer or (2) an alteration of a structure architect means an engineer or architect regis- listed on the National Register of Historic Places tered in Florida. or a State inventory of historic places. (q) start of construction means the first (s) variance means a grant of relief by placement of permanent construction of a struc- the Director from the terms of a floodplain man- ture (other than a mobile home) on a site, such agement regulation established by or puruant as the pouring of slabs or footings or any work to this chapter. beyond the stage of exavation. Permanent con- History.-Ord. 74-1145-675,s 1: Ord. 77.419-490. s 1: struction does not include land preparation, the Ord. 83.591-400. s. 1. as clearing, grading and filling, nor the instal- Note.-Former s. 601.102. lation of streets and/or walkways; nor excava- Note.- The functions vested in the Secretary of Housing tion for a basement, footings, piers or founda- and Urban Development pursuant to the National Flood In- tions or the erection of temporary forms; nor the surance Act of 1968 and the Flood Disaster Protection Act of installation on the property of accessory build- 1973 were transferred to the Director of the Federal Emer- ings, such as garages or sheds not occupied as gency Management Agency under 202 of Reorganization dwelling units or not as part of the main struc- Plan No 3 of 1978.43 Fed. Reg. 419.92 Stat 9808. ture. For a structure (other than a mobile home) 652.103 Creation of General Flood- without a basement or poured footings, the start plain District. The General Floodplain District of construction includes the first permanent is hereby expanded. The boundaries of the Gen- framing or assembly of the structure or any part eral Floodplain District shall be that territory thereof on its piling or foundation. For mobile delineated as flood hazard areas on the FIRMs homes not within a mobile home park or mobile having zone symbols A, A1 through A10, A0 and home subdivision, start of construction means V1 through V9, which maps, marked Prelimi- nary are on file in the office of the Director inc 268 LAND USE are hereby adopted as the City's floodplain 652.104 shall be permitted within the General maps. FIRMs may be modified or republished Floodplain District only upon application to the from time to time by the Administrator and, in Director and issuance of a permit, which shal be such cases, the modified or republished versions known as a specail exception permit. The is- shall then become the official maps without fur- suance of a special exception permit does not their action by the Council unless the City or waive the need for approvl of other agencies of another person appeals the modifications of re- the Consolidated Government or Charter au- publication as permitted by law. thorities, or the requirement of obtaining per- History,-Ord. 74.1145-675.s. 1: Ord, 77.419-490.s 1: mits required by the agencies or authorities or Ord. 83.391-400. s. 1. by any other federal, State or local authority. Note.-Formers. 601.103. History.-Ord. 74.1145-675.s 1: Ord. 77.419-490. s. 1: Ord. 83.591-400,s 1. 652.104 Permitted uses within Gen- Note.-Formers. 601.105 eral Floodplain District. The following uses, in addition to all existing uses, shall be per- 652.106 Special exception uses with- mitted without any permit being required here- in General Floodplain District. under within the General Floodplain District to (a) Applications; permits. An applica- the extent they ae not prohibited by any other tion for a special exception use shall be accepted law: and a permit for a special exception use within (a) agricultural uses--general farm- the General Floodplain District shall be issued ing, pasture, grazing, outdoor plant nurseries. by the Director, but only if it: horticulture, viticulture, truck farming, fores- (1) does not cause a significant try, sod farming and wild-crop harvesting. increase in upstream or downstream flood po- (b) industrial-commercial uses-load- tential. ing areas, parking areas and airport landing (2) is constructed on a site rea- strips. sonably free from minor flood hazards. (c) private and public recreational (3) is not prohibited by any uses--golf courses, tennis courts, driving rang- other law and is consistent with the comprehen- es, archery ranges, picnic grounds, boat launch- sive plan adopted under Chapter 650. ing ramps, swimming areas, parks, wildlife and (4) takes into account floodplain nature preserves, game farms, parks, fish hatcheries, management programs in effect in neighboring shooting preserves, target ranges, trap and areas. skeet ranges, hunting and fishing areas, hiking (5) meets the standards and re- and horseback riding trails. quirements of, and has been reviewed in ac- (d) residential uses--lawn, gardens, cordance with, subsection (b). parking areas and play areas. Permits shall be required for all proposed (e) non-commercial private outbuild- construction and other developments, including ings--greenhouses, stables, barns, storage the placement of mobile homes, within zones A, structures, docks, boathouses, and worksheds. A-1 through A10, A0 and V1 through V9 on the Notwithstanding that any of the forego- FIRMs unless a variance is granted in accor- ing uses are permitted within the General dance with the provisions of this chapter. Com- Floodplain District, no use shall adversely affect pliance with this section must be met prior to the efficiency or unduly restrict the capacity of the issuance of a building permit required under the channels or floodplains of a tributary or the provisions of s. 320.401; nor shall compli- main stream, drainage ditch or other drainage ance with this section obviate the necessity of facility or system; and, to the extent a use does compliance with the Building Code or the Zon- so adversely affect or unduly restrict, it is pro- ing Code. hibited. (b) Requirements and standards. History.-Ord. 74.1145-675,s. 1: Ord. 77.419-490,s 1: Upon the filing of an application for a special ex- Ord. 83.591-400,s 1. ception use in accordance with s. 652.107, the Note.-Formers. 601.104. Director shall, before accepting an application or issuing a permit pursuant thereto: 652.105 Special exception permit re- (1) review the proposed develop- quired. Uses other than those specified in s. ment to assure that the necessary permits have 269 FLOODPLAIN REGULATION been received from those governmental agencies (5) require within flood-prone from which approval is required by federal or areas: State law, including s. 404 of the Federal Water (i) new and replacement Pollution Control Act Amendments of 1972 [33 sanitary sewage systems to be designed to mini- U.S.C. s. 1334], and require the receipt of neces- mize or elimintate infiltration of floodwaters into sary permits not yet obtained if the permits are the systems and discharges from the systems obtainable from the appropriate governmental into floodwaters. agencies before issuance of a special exception (ii) on-site waste disposal permit. Nothing in this paragraph shall pre- systems to be located to avoid impairment to clude the Director from issuing a permit con- them or contamination from them during flood- ditional upon receipt of other necessary permits ing. or any other acknowledgement that all condi- (6) require that all subdivision tions for obtaining a special exception permit proposals and other proposed new development except receipt of other necessary permits have greater than fifty lots of five acres, whichever is been met. the lesser, include within the proposals base (2) review a permit application flood elevation data as taken from the FIRMs, to determine whether, and further require that, except that, for A0 flooding zones, where base the proposed building site will be reasonably flood elevation data are not given on the FIRMs safe from flooding. If a proposed building site is it shall be the responsibility of the developer in a flood-prone area, new construction and sub- concerned to determine the elevation of the 100- stantial improvements (including the place- year frequency flood to be satisfaction of the homes) shall: Director. (7) require that the applicant (i) be designed (or modi- has obtained, reviewed and reasonably utilized fied) and adequately anchored to prevent flota- base flood elevation data as taken from the tion, collapse or lateral movement of the struc- FIRMs [except for A0 flooding zones, where the ture. developer's responsibility shall be as stated in (ii) be constructed with paragraph (6)], as criteria for requiring that: materials and utility equipment resistant to (i) all new construction flood damage. and substantial improvements of residential (iii) be constructed by structures have the lowest floor (including base- methods and practices that minimize flood dam- ment) elevated or floodproofed to or above the age. base flood level. (3) review a subdivision pro- (ii) all new construction posal and other proposed new development to and substantial improvements of non-residen- determine whether, and further require that, tial structures have the lowest floor (including the proposal will be reasonably safe from flood- basement) elevated or floodproofed to or above ing. If a subdivision proposal or other proposed the the base flood level. new development is in a flood-prone area, the (8) require that the applicant, proposal shall be reviewed to assure that: for the purpose of the determination of appli- (i) it si consistent with cable flood insurance risk premium rates within the need to minimize flood damage within the zones A, A1 through A10, A0 and V1 through flood-prone area. V9 on the FIRMs: (ii) all public utilities and (i) obtain the elevation facilities, such as sewer, gas, electrical and (in relation to mean sea level) of the lowest habi- water systems are located and constructed to table floor (including a habitable basement) or minimize or eliminate flood damage. all new or substantially improved structures (iii) adequate drainage is and whether or not the structures contain provided to reduce exposure to flood hazards. basement. (4) require within flood-prone (ii) obtain, if the struc areas new and replacement water supply sys- ture has been floodproofed, the elevation (in tems to be designed to minimize or eliminate in- relation to mean sea level) to which the struc filtration of floodwaters in to the systems. ture was floodproofed. 270 LAND USE (iii) maintain a record of this information with the Director. (9) require that the applicant provide the information necessary for the Director to notify, in riverien situations, adjecent communities and the State Coordinatin Office prior to an alteration or relocation of a watercourse, with copies of the notifications to the Administrator. (10) require that the flood-carrying capacity withing the altered or relocated portion of any watercourse is maintained. (11) require that mobile homes to be placed within zones A, A1 through A10 and A0 of FIRMs be anchored to resist flotation, collapse or lateral movement by providing over-the-top abd frame ties to ground anchors. Specific requirements are that: (i) over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties for each site at intermediate locations and mobile homes less than fifty feet long requiring one additional tie for each side. (ii) frame ties be provided at each corner of the home with five additional ties for each side at intermediate points and mobile homes less than fifty feet long requiring for additional tires for each side; (iii) all components of the anchoring system be capable of carrying a force of four thousand eight hundred pounds. (iv) additions to the mobile home be similarly anchored. (12) require that an evacuation plan indicating alternative vehicular access and escape routes be filed with the Civil Defense Division, for mobile home parks and mobile home subdivisions located within zones A, A1 through A10, A0 and V1 through V9 and the FIRMs. (13) require that new construction and substantial improvements for residential structures within zones A1 through A10 on the FIRMs have the lowest floor (including basement) elevated to or above the base flood level. (14) require that new construction and substantial improvements of non-residential structures within zones A1 through A10 on the FIRMs. (i) have the lowest floor (including basement) elevated to or above the base flood level; or (ii) together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic lords and effects of buoyancy. (15) require that, where flood-proofing is utilized for a particular structure on accordance with this section, a registered professional engineer or architect certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impacts, and uplift forces and other factors associated with the base flood. A record of the certificates indicating the specific elevation (in relation to mean sea level) to which the structures are floodproofed shall be maintained with the Director. (16) require, within zones A1 through A10 on the FIRMs, for new mobile home parks and mobile home subdivisions, for expansions to existing mobile home parks and mobile home subdivisions and for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, that: (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor on the mobile home will be at or above the base flood level. (ii) adequate surface drainage and access for a hauler are provided. (iii) in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soul no more than ten feet apart and reinforcement is provideeed for pilings more than six feet above the ground level. (17) require, for all mobile homes to be placed with zones A1 through A10 of the FIRMs but not into a mobile home park or mobile home subdivision, that: (i) stands or lots are elevated on compacted fill or on piling so that the lowest floor of the mobile home will be at or above the base flood level. (ii) adequate surface drainage and access for a hauler are provided, 271 FLOODPLAIN REGULATION (iii) in the instance of elevation of pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than ten feet apart and reinforcement is provided for pilings more than six feet above the ground level. (18) require, within an A0 zone on the FIRMs, that new construction and substantial improvement of a residential structure have the lowest floor (including basement) elevated or above the crown of the nearest street to or above the depth number specified on the FIRMs. (19) require, within an A0 zone on the FIRMs, that new construction and substantial improvement of a non-residential structure: (i) have the lowest floor (including basement) elevated to or above the base flood level; or (ii) together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting bydrostatic and hydrodynamic loads and effects of buoyancy, (20) require that no new construction, substantial improvement or other development (including fill) shall be permitted within zones A1 through A10 of the FIRMs, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated develipment, will not increase the water surface elevation of the base flood more than one foor, or such lesser amount as shall be required by the Director in specific areas to control the jeopardy of flooding, at any point within the community. (21) require that new construction within zones V1 through V9 of the FIRMs is located landward of the reach of mean high tide and also in compiance with applicable requirements for setback. (22) require: (i) that new construction and substantial improvements within zones V1 through V9 of the FIRMs are elevated on adequately anchored pilings or columns and securely anchored to the piles of columns so that the lowest portion of the structural members of the lowest floor (excluding the piling or columns) is elevated to or above the base flood level. (ii) that a registered professional engineer or architect certify that the structure is securely anchored to adequately anchored pilings or colums in order to withstand velocity waters and hurricane wave wash. (23) require that new construction and substantial improvements within zones V1 through V9 of the FIRM have the space below the lowest floor free of obstructions or be constructed with breakaway walls intended to collapse under stress without jeopardizing the structural support of the structure so that the impact on the structure by abnormally high tides or wind-driven water is minimized. This temporarily enclosed space shall not be used for human habitation. (24) prohibit the use of fill for structural support of buildings within zones V1 throuh V9 of the FIRMs. (25) prohibit the placement of mobile homes, except in existing mobile home parks and mobile home subdivision, within zones V1 through V9 of the FIRMs. (26) prohibit man-made alteration of sand dunes and mangrove stands within zones V1 through V9 of the FIRMs which would increase potential flood damage. (c) Variance from requirements and standards. Upon the submission of a written application to the Director, a variance from the requirements of subsection (b) may be granted in accordance with the following requirements and limitations: (1) The granting of a variance shall be generally limited to a lot size less than one-haf acre. The Director shall prescribe regulations requiring justification for variances with respect to lots exceeding one-half acre. (2) A variance shall not be issued within a floodway if a significant increase in flood levels during the basic flood discharge would result. (3) A variance may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size [or of larger size if sufficient justification is shown in accordance with paragraph (1)] contiguous to and surrounded by lots with existing structures constructed below the base flood level in conformance with the procedures set forth in paragraphs (4), (5), (6), (7) and (8). 272 LAND USE (4) A variance shall only be issued upon: (i) a showing of good and sufficient cause. (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant. (iii) a determination that the granting of a variance will not result in increased flood heights or additional threats to public safety or extraordinary public expense, creat nuisances, cause fraud on or victimization of the public, conflict with existing local laws or be inconsistent with the comprehensive plan adopted under Chapter 650. (5) In determining whether good and sufficient cause and extraordinary hardship exists for granting a variance, the Director shall consider the following factors: (i) economic hardship. (ii) aesthetic deficiencies: (A) where the property is contiguous to and surrounded by existing or proposed structures constructed below the required first-floor elevation. (B) where excessive height above planned or existing grade levels will result in unsightly embankments or unusually tall foundations. (iii) environmental problems. (iv) drainage problems (v) safety hazards. (vi) destruction of historical landmarks. (6) A variance shall be issued only upon the determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (7) The Director shall notify the applicant in writing that: (i) the issuance of a cariance to construct a structure below the base flood level will result in increaded premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage. (ii) the construction below the base flood level increases risks to life and property. This notification shall be maintained with a record of variance actions as required by paragraph (8). (8) The Director shall: (i) maintain a record of variance actions, including justification for their issuance. (ii) report the variances issued in his annual report to the Administrator. (9) A variance shall be freely transferable with the land and shall not be personal to the applicant. History,-Ord. 74-1145-675, s. 1; Ord. 77-419-490, a. 1; Ord. 80-354-351, s. 5; Ord. 83-591-400, s. 1. Note.-Former s. 601.106. 652.107 Special exception and variance permit procedure; application; time limit; recourse upon denial. (a) The application for a special exception use or variance permit shall contaim plans in triplicate drawn to scale schowing the existing and proposed nature, location, dimensions and elevation of the lot, structures and fill, and the relationship of these elements to the location of the drainageway or the ocean, and such other information as the Director may require. Each application for a variance shall further contain sufficient information to support a variance in accordance with the requirements of s. 652.106(c). (b) The Director shall, within thirty working days of receipt of the application for a special exception use or variance permit, accept or reject the application and shall, in writing, notify the applicant of the decision and the reason for a rejection. If the application is accepted, the Director shall issue a permit for the special exception use or variance. (c) If the special exception use or variance application is rejected, the applicant may appeal the Director's decision to the Council. He shall submit a copy of his application and all relevant documentation and exhibits together with the Director's written denial to the appropriate committee. The written appeal shall be forwarded to the Planning Department for review; the Department shall file is recommendation with the committee within thirty days. The committee shall make its recommendation to the Council within thirty days of the receipt of the Department's recommendation. The decision of the Council shall be final. History.-Ord. 74-1145-675, s. 1; 1: Ord. 77-419-490, s. 1; Ord. 33-591-400, s. 1. Note.-Formers.601.107. 273 FLOODPLAN REGULATION 652.108 Exemption from chapter of land bordering and lying beneath navigable waters. The provisions of this chapter shall not apply to the filling, excavation or alteration of land located in or bordering on navigable waters of the State, if these activities are regulated by Chapter 253, Florida Statutes, by Chapter 714 or by other laws relating to navigable waters. however, approval for filling and excavation or alteration of land shall not preclude the application of this chapter to any activities, other that filling, excavation or alteration of land, otherwise subject to this chapter. History.-Ord. 74-1145-675, s. 1: Ord. 77-419-490, s. 1: Ord. 83-591-400, s. 1. Note.-Former s. 601.108. 652-109 Compliance and prohibition. (a) No land shall hereafter be used and no structure shall hereafter be located, extended, converted or structurally altered without full compliance with the terns of this chapter and other applicable regulations. (b) It shall be unlawful for a person to make a false statement or supply false information on an application required to be filed pursuant to this chapter. History.-Ord. 74-1145-675, s. 1; Ord. 77-419-490. s.1; Ord, 53-591-400, s.1. Note.-Former s.601.109. 652.110 Penalties and remedies. Violation of a provision of this chapter shall constiture a class D offense. Nothing herin contained shall prevent the City from taking such other lawful action, including resort to equitable action, as is necessary to prevent or remedy a violation hereof. Each day a violation continues shall constitute a seperate offense. History.-Ord. 74-1145-675, s. 1; Ord. 77-419-490, s. 1; Ord. 33-591-400, s.1. Note.-Former s. 601.110. 652.111 Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate or impair existing easements, civenants or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. History.-Ord. 74-1145-673, s. 1; Ord. 77-419-490, s. 1; Ord. 33-591-400, s. 1. Note.-Formers.601.111. 652.112 Interpretaion. In interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be held to be minimum requirements and shall be liberally construed to support and sustain the policy declared in s. 652.101, and shall not be deemed a limitation or repeal of any other powers granted by State statute. They shall further be construed in view of the local condition that any non-ocean-front flooding is likely to consist of slowly rising waters, rather than rushing waters.Title 42 4101. identification of flood areas Title 42 4104 Flood elevation determinations Title 42. 4104a. Notification of purchaser or lessee of special flood hazards in area of location of improved real estate or mobile home securing loan: regulations prescribing procedures. Fla. Conse: Art II. 7. Natural resources and scenic beauty. P.S.A. 7.16 Duval County. 163.3161-163.3211 Local Government Comprehensive Planning Act of 1975 252.38 Emergency management powers of political subdivisions. Charter Provisions Art 2. General and Urban Services Districts Art 21. Area planning and land use regulation. Administrative Law Provisions C.R.R. Title 12, 523.1 et seq. 545.1 ex seq. 563. ex seq. Federal Home Loan Bank Board requirements Title 13. 309.0 ex seq. Economic Development ADministration requirements Title 24. 1909.2 Program description Title 24. 1909.3 Emergency program History.-Ord. 74-1145-675, s. 1; Ord. 77-419-490, s. 1; Ord. 83-591-400, s. 1. Note.-Former s. 601.112. 652.113 Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes. Larger floods may occur or flood heights may be increased by manmande or natural causes, such as bridges openings restricted by debris. This chapter does not imply that areas outside the General Floodplain District boundaries or land uses permitted within the district will be free from flooding or flood damage. This chapter shall not create liability on the part of the City or an officer or employee thereof for flood damage that results from reliance on this chapter or an administrative decision lawfully made hereunder. History.-Ord. 74-1145-675. s.1; Ord. 77-419-490.s.1. Ord. 33-591-400.s.1. Note-Former s. 601.113.Constitutional and Stamtory Provisions U.S.C.A. Title 42, 4001 ex seq-Flood Disastar Protection Act of 1973 Title 42, 4011 or seq-National Flood Insurance Act of 1968 Title 42, 4022. State and local land use controls LAND USE Title 24, 1909-21-1909.24 Prerequisites for eligibility Subdivision regulations, see Ch. 654 Title 24, 1910.1 es seq. Criteria for land management Zoning codes, see Ch. 656 and use Disaster preparedness, see Ch. 674 Title 24, 1911.1 es seq. Coverage and rates Regulations pertaining to dredging and filling of sub- Title 24. 1912.1 es seq. Issuance of policies and adjust- merged lands, see ch. 714 ment of claims Library References Title 24. 9171.1 es seq. 1915.1 es seq. Area identifies- McQuillins tion. 1.70. Planning Title 24, 1917.1 es seq. 1918.1 es seq. Elevation de- 1.71 --Modern terminations, applicable procedures 1.71 --Scop Title 24, 1920.1 es seq. Map Correction procedur Shepard's TItle 24, 1925.1 es seq. State-owned properties, exemp- Drainage and Flood control, 12 tion under self-insurance plan Drainage and Flood control, 18 Fla. Admin. Code: Drainage and Flood control, 19 Ch. 27F-1 Land planning (generally) Drainage and Flood control, 20 Cross References Drainage and FLood Control, 22 Civil Defense Division, see 31, 701-31,703 Annotation Director of Public Works, see 32, 101-32,102 Flood Plain Management: Why is it Necessary, 2 Cur- Emergency community of government, see Ch 114 rent Mun. Problems -63 Class D offense, see 4632.101 (a)(4) 275 I i t t I. I I. I I I I I I I I 1 276 1 1 I -i i 'I I I I I I I I I I I I GUIDELINES AND POLICIES I FOR IMPLEMENTATION I 277 1 I t I F-. I I I I I I I I I I I I I -1 278 1 I I GUIDELINES AND IMPLEMENTATION POLICIES Understanding New Policies The majGr task in assuring the implementation of new policies and proposals will be the familiarity of these new proposals by the staff that will be involved. The new proposals for wetland protection should not involve'making major changes in the present procedure by the staff that is involved in implementation. The staff wil I rev i ew projects a n d c o n '_ i n u e w i t h t h e e s t a b I i s h e d development processes, adjusting this process when it is necessary to incorporate new revisions made in regulations a n d policies that affect wetlands. For example, i f revisions are made in the subdivision regulations r e q u i r i n g wetl ands to be included on site review -plans, staff will be required to check site plans to be certain wetland areas are indi cated on the sketch plans and the use of these areas are in accordance with newly adopted guidelines and best management practices. The basi c- strategy for implementation wi 11 be for the -departments involved to be aware of the new regu 1 ati ons a n d how these will af f ect wetland use as it relates to their particular function in the process. The implement a t i on s-trateqy wi I I be uncompl icated in 279 k e e p i n g w i t h t h e design of new policies on wetland protection. The basic strategies are as follows: H a v e all applicable departments be aware of the r@:-@nges and additions to wetland protection. (2) Have departments meet and discuss how these changes will affect their present operations. 3 H a v e affected departments redesign, where necessary, procedures so they will incorporate the new po I i ci es . Other Implementation Measures: Revisions to the Conservation Tlement of the 2005 Comprehensive Plan This particular strategy, the use of the Comprehensive Planas a guide, can be a very adapta,ble strategy for wetland protection. It is a requirement in the City Ordinances that activities regulated by these ordinances not be inconsistant with @he local Comprehensive Plan. This s-hould have p o s i t i v e impacts o n ordinances t h a t a f f e c t w e t I a n d p r e s er vati on such as regu 1 at ions on dredging and -f i 11 i n g and subdivision design. City Ordinance No. 650.208 suggests the legal status of the Comprehensive Plan: "All development undertaken and all a c t ion taken in regard to development orders by an executive d.epartment or an independent agency in regard IZ o I a n d covered by the Comprehensive Plan shall be consistant with the pl an as adopted. No executive department or independent agency shall approve, permit or take action, whether by itself or by a.person subject to its regulation, control o r supervis i on under any law or official regulation, when that action is or would be inconsistant with the Comprehensive PI an T h i s c o n s i s tancy requirement i s one of the major reasons the Comprehens i vp Pl an wi 1 1 be one of the prime strategies used in the design of.local wetland protection. The Conservation Element of the 2005 Comprehensive Plan suggests numerous objectives and policies for the protection o f environmentally sensitive areas. Wetlands, b o t h freshwater and saltmarsh (tidal wetlands) are included under t h e sensative areas designa-tion. The 2005 Plan specifically 280 outlines strategies that. should be undertaken in an effort to protect these areas. i This element of the 2005 Plan suggests numerous objectives for wetland protection. In the update of this element, not only will -objectives for providing protection to wetlands be included, but recommendations on how these objectives will be achieved will also be included. 0 e s i g n plans for protection strategies and management plans for many of these environmentally sensative areas will be included as part of the 2005 Plan update. Recommendations 'for.development in and ad jacent to wetland areas will be incorporated. Not only will suitabl e acti vi tes f or these a.reas be s-uggested, but poli cies on achieving them will also be incorporated. The 2005 Plan is presently undergoing the required five year update. As part of thi s update , another one of the strategies in regard to wetland protection will be to revi'se the language of the 2005 Plan, making 'the polici es and stragegies suggested more to the point. A list of best management practices wi 11 be included and will be th e guidelines that will be followed in determining the 1 and use in and adjacent to wetl and areas . Thi s wi 11 aj 1 o w t h e 2010 Pl an to be a more useable document and not just a document of reference with little applicability. T h e intent will be not just to use the updated 2005 PI an as a medium to suggest policies, but to actually design us eable policies and strategies that can be followed in making present and future land use decisions regarding the protection of wetlands. 2811 11 I I I- . I I I I I I I I I I I I 282 1 I I BIBLIOGRAPHY 283 .I i t t .t.1 I 11 1. I t. . I t t I I 1 284 1 I I BIBLIOGRAPHY Development Standards and Guidelines for the Wetlands of Seminole County. Center for Wetlands and Department of Urban and Regional Planning University of Florida: Gainesville: 1982. Forested Wetlands of Florida: Their Management and Use. Center for Wetlands. Gainesville, Florida: 1976 Northside Community Development Plan. Jacksonville Area Planning Board. Jacksonville: 1979 2005 Comprehensive Plan, Jacksonville, Florida. Jacksonville Area Planning Board. Jacksonville: 1979 Jaxport Comprehensive Planning Element. Plantec Corporation, C. E. Maquire Inc., Reynold, Smith and Hills, Environmental Science and Engineering Inc., Jacksonville: 1983 Wetlands; Their Use and Regulation. 0 ffice of Technology Assessment, Congress of the United States. Washington, D.C.: 1984 Our Nations Wetlands: An Interagency Task Force Report. Council on Environment Quality. Washington, D.C.: 1978 Soil Survey of City of Jacksonville, Duval County, Florida. USDA Soil Conservation Service. Jacksonville: 1978 Classification of Wetlands and Deepwater Habitats of the United States. U.S. Department of the Interior Fi sh and Wildlife Service. Washington, D. C.: 1979 S i te Certification Application on Environmental Information Document.for Jacksonville Electric Authority. St.Johns R iver Power Park Units 1 and 2. Enviros p h e r e C o m p a n y Jacksonville: 1981 285 NOAA COASTAL SERVICES CTR LIBRARY I " 3 6668 14111965 3 1@ i I I 11 I I 't I I I I I I I -1 I t,