OA-11-07 June 12, 2012 Chapter Four – Development Applications

CHAPTER FOUR DEVELOPMENT APPLICATIONS

4000. SITE DEVELOPMENT PLANS .................................................................. 1

4001. PURPOSE.......................................................................................... 1 4002. APPLICABILITY ................................................................................ 1 4003. SUBMITTAL REQUIREMENTS ......................................................... 2

4100. SITE IMPROVEMENT PLANS .................................................................. 5 4101. APPLICABILITY ................................................................................ 5 4102. SUBMITTAL AND REVIEW............................................................... 7

4200. APPROVED SITE DEVELOPMENT AND IMPROVEMENT PLANS ........ 9 4300. PLANNED UNIT DEVELOPMENTS (PUD) ............................................... 9

4301. PUD DEVELOPMENT APPLICATION PROCEDURES .................... 9 4302. PUD APPROVAL PROCEDURES .................................................. 11 4303. GENERAL STANDARDS FOR PUD DEVELOPMENTS ................ 12 4304. MODIFICATION OF A PREVIOUSLY APPROVED PLANNED UNIT

DEVELOPMENT (PUD) ................................................................... 14 4400. VARIANCES ............................................................................................ 17 4500. CONDITIONAL USES ............................................................................. 19 4600. ADMINISTRATIVE WAIVERS ................................................................. 22 4700. (RESERVED) ........................................................................................... 24 4800. MINING DEVELOPMENT - APPLICATION AND STANDARDS ............ 24 4900. GROUNDWATER AND WELLHEAD PROTECTION .............................. 45 4910. OUT OF REGION EXPORT FROM EXISTING WELLFIELDS ................ 49 4915. SITE GRADING PERMIT ......................................................................... 50

OA-11-07 June 12, 2012 Chapter Four – Development Applications

4-1 OA-11-07 June 12, 2012 Chapter Four – Development Applications

CHAPTER FOUR DEVELOPMENT APPLICATIONS

4000. SITE DEVELOPMENT PLANS 4001. PURPOSE

The purpose of the site development plan is to provide County staff an opportunity to review proposed developments at a level of detail showing specific arrangement of buildings and other improvements in relation to each other. The review allows a detailed examination of existing site conditions, surrounding property, and specific information on how the proposed development complies with requirements of this code. This review is designed to verify compliance with specific use regulations, development standards, and other standards and requirements of this code.

4002. APPLICABILITY

A. No development allowed by this code shall be established, changed, or altered and no building shall be used, occupied, or altered after the effective date of this code until there is first on file, approved by official County action, a site development plan or preliminary subdivision plat for such premises. Nothing herein shall relieve any applicant of the additional responsibility of seeking all permits required by any applicable statute, ordinance, or regulation in compliance with all of the terms of this code or any other applicable law.

B. A site development plan shall be required for any multi-family

residential development and non-residential development. The following are exempt from this requirement: agriculture; single-family dwelling(s) on either lawfully platted or recorded lot(s); or lots in recognized un-recorded subdivisions; duplex residential structure(s) on either lawfully platted or recorded lot(s); or lots in recognized unrecorded subdivisions; accessory structures; and other uses that do not require extensive review by County staff and can be approved through the building permit process.

C. Site development plans may be submitted for any portion of a site (a

phase or any portion of a phase, including early work authorization for site work and/or groundwork) provided development proceeds according to an approved plan of development. All work performed is at the risk of the owner and/or developer and any work performed that is not in compliance with this LDC shall be removed or modified.

4-2 OA-11-07 June 12, 2012 Chapter Four – Development Applications

4003. SUBMITTAL REQUIREMENTS

A. Documentation required

1. The site development plan shall be prepared on durable material with permanent writings and markings thereon showing to accurate scale all existing and proposed development on the property. The scale shall be no smaller than one inch equals 200 feet. The plan shall show property boundaries with a legal or a metes and bounds description, references to section, township, and range, and subdivision name and lot numbers if applicable. The area of the property shall be noted in square feet and acres. The plan shall show all proposed physical improvements including: existing and proposed buildings; off-street parking areas; pavements; landscaping; utilities; on-site recreation (if applicable); storm water management facilities; water bodies; wellheads; walls; poles; towers; signs; and the distances of all these improvements from the boundaries of the property.

2. Copies shall be submitted to county staff as prescribed on

application forms prepared by the County. The plan drawings shall be prepared by a registered architect, landscape architect, or civil engineer licensed in the State of Florida, each certifying to their field of expertise by signing and sealing the drawings, and shall include the following information, if applicable:

4-3 OA-11-07 June 12, 2012 Chapter Four – Development Applications

a. Name, address, telephone number, and email address of the owner(s) and/or developer of the property, the drawing scale used, number of sheets per set of plans, north indicator, and complete dimensions. All dimensions shall be in feet and decimal fractions of a foot. The plan shall be prepared drawn to scale so that it is readable.

b. A site location inset shall be included on the top page of each

set of plans to indicate the location of the project relative to surrounding areas and including at least the nearest arterial or collector roadway.

c. A complete legal description of the property.

d. A boundary survey (drawn to scale so that it is readable),

signed, sealed, and prepared by a Florida registered land surveyor, showing the location and dimensions of all property lines, existing streets or roads, easements, rights-of-way, and areas dedicated to the public. In the case of improved property, the survey is to show all vertical improvements.

e. The land use districts of all abutting properties shall be shown.

Where the property abuts a right-of-way, the street name shall be indicated.

f. The location of all streams, floodplains, water bodies, and

wetlands lying within, adjacent to, or affecting the site shall be clearly delineated.

g. Total area and percentages of the total site area shall be given

for impervious surface.

h. If a residential development is proposed, the total number and type of residential units shall be given. The total number of units (all types) and units per acre shall be included. Construction phase lines, if proposed, shall be shown.

i. Locations of all proposed permanent signs and exterior lights

shall be shown. Sign face area with dimensions shall also be provided.

j. Exact locations of the nearest existing and all proposed fire

hydrants shall be shown.

4-4 OA-11-07 June 12, 2012 Chapter Four – Development Applications

k. The layout of any proposed sanitary sewer and water main construction shall be given including the locations of proposed connection to existing facilities.

l. If a garbage dumpster is proposed, show pad location and

specifications.

m. The plans shall show the total number of proposed parking spaces, spaces reserved for handicapped parking, loading areas, wheel stops, proposed ingress and egress (including proposed public street modifications), and projected on-site traffic flow. The full dimensions of parking spaces, travel lanes, and driveways shall be labeled.

n. Cross sections and specifications shall be shown for all

proposed pavement.

o. Stormwater drainage and site grading plans, as necessary, shall be submitted in accordance with this LDC, Chapter 6 Stormwater Management.

p. Proposed landscaping, including a plant legend, shall be shown.

A plan for tree protection showing the locations and names of any existing trees shall also be shown with labels as to which trees are to be removed or relocated and which will remain in accordance with the section for Tree Preservation and Protection Standards of this LDC. Buffer areas and/or silt fencing shall be indicated.

q. Submission shall indicate provisions to be made for adequate

control of erosion, sedimentation, dust, and debris during all phases of clearing, grading, and construction.

r. Provisions for protection of historic and/or archaeological

resources shall be indicated, if applicable.

s. Provisions for protection of habitat and endangered or threatened species, including land area set aside, shall be indicated.

t. Façade renderings shall be provided as may be required by this

LDC.

u. A space measuring at least four inches in width and three inches in height shall be provided in the title block on the top

4-5 OA-11-07 June 12, 2012 Chapter Four – Development Applications

page of each set of plans. This space will be reserved for the County’s development approval stamp.

v. Copy of warranty deed for property.

w. Any additional data, materials, or information deemed

necessary by the County to make a determination.

3. Staff review: Within three days of the applicant submitting an application to Citrus County, the County shall advise the applicant what information, if any, is needed to deem the application properly completed in compliance with the filing requirements prescribed by the County. A properly completed application is one that contains all the required materials prescribed by the County. If the County does not provide written notice that the applicant has not submitted a properly completed application, the application shall be deemed properly completed and accepted. This does not imply the application will be approved. Within seven days after receiving a completed application, the County must notify an applicant if additional information is required for the County to determine the sufficiency of the application, and shall specify the additional information that is required. Each time an applicant responds to a request for additional information, the seven day review period begins anew.

4100. SITE IMPROVEMENT PLANS

A site improvement plan shall be required for any multi-family residential development and non-residential development. The following are exempt from this requirement: agriculture; single-family dwelling(s) on either lawfully platted or recorded lot(s); or lots in recognized un-recorded subdivisions; duplex residential structure(s) on either lawfully platted or recorded lot(s); or lots in recognized unrecorded subdivisions; accessory structures; and other uses that do not require extensive review by County staff and can be approved through the building permit process.

4101. APPLICABILITY

Submittal of a site plan may be reviewed under the site improvement plan (SIP) review process if the development proposal meets all of the following conditions:

A. The project involves a site which is currently improved with principal

structures, parking facilities, water and sewer services, and defined ingress/egress.

4-6 OA-11-07 June 12, 2012 Chapter Four – Development Applications

B. The proposed use will not require an expansion of the existing impervious areas to a degree which would require engineering review.

C. If the site is to be served by central water and/or sewer, written documentation from appropriate agencies acknowledging that water and sewer services are available at the site and are adequate to serve the proposed use.

D. Sites developed with non-residential structures and/or non-residential

development permitted and functional prior to January 1, 2010, may qualify for a reduction of certain site or building upgrade requirements normally required when a change of use has been determined by the Building Official. Applicants desiring a waiver or reduction in normal requirements shall submit their request to the Department of Planning and Development in accordance with the following procedures:

1. Applicants shall first attend a preapplication conference with staff to

discuss a waiver or reduction of normal requirements of the LDC prior to formal submittal of the site improvement plan to be reviewed under the SIP review process.

2. The Department of Planning and Development shall review and

approve, approve with conditions, or deny the desired waivers. If further reductions are desired beyond those allowed by the Department of Planning and Development, the applicant shall apply for a variance or Conditional Use review as appropriate.

3. Reduction of normal requirements is limited to the following

standards:

a. Landscaping

b. Paved Parking/Loading area requirements

c. Façade design

d. Cross Access Driveway Connection

e. Bicycle parking

f. Pedestrian Access requirement for sidewalks on collector or arterial roads

4. Where parking is deficient, additional requested off-street parking

spaces may be stabilized by alternative surfaces to be maintained in a safe and non-eroding condition. All dimensional standards

4-7 OA-11-07 June 12, 2012 Chapter Four – Development Applications

shall be required as specified by this LDC. Alternative surfaces may still need to provide drainage retention.

5. No exemptions shall be allowed for mandatory standards and

criteria enforced by other agencies outside the control of the Department of Planning and Development. These include:

a. Fire Code/Life safety

b. ADA requirements

c. State building code requirements

d. State Department of Health requirements

4102. SUBMITTAL AND REVIEW

A site improvement plan shall be prepared drawn to scale so that it is readable. The plan drawing shall be prepared by a registered architect, landscaping architect, or civil engineer licensed in the State of Florida, each certifying to their field of expertise by signing and sealing the drawings, and setting form the following information:

A. The project title, property owner, address, telephone number, and

email address

B. Legal description, scale, and north arrow.

C. Land use designation of the subject site and adjacent sites and the proposed use of the subject site.

D. Location, configuration, and dimensions of all buildings and lot

improvements.

E. Location and configuration of parking and loading areas, and the directional movement of access point(s) to the site.

4-8 OA-11-07 June 12, 2012 Chapter Four – Development Applications

F. Location, configuration, and dimensions of all buildings and lot improvements.

G. Location and configuration of parking and loading areas, and the

directional movement of access point(s) to the site.

H. Location of the dimension of access point(s) to the site.

I. Parking summary, in matrix form, indicating the required and provided parking for each existing and proposed use.

J. Location and configuration of handicapped parking facilities and

building accessibility features.

K. Location, dimension, and configuration of existing water management facilities.

L. Location of trash enclosures.

M. Location of existing and proposed landscaping with specifications as to

size, quantity and type of vegetation and the locations and names of any existing trees with labels as to which trees are to be removed or relocated and which will remain in accordance with the section for Tree Preservation and Protection Standards of this LDC.

N. A boundary survey (drawn to scale so that it is readable), signed,

sealed, and prepared by a Florida registered land surveyor, showing the location and dimensions of all property lines, existing streets or roads, easements, rights-of-way, and areas dedicated to the public. In the case of improved property, the survey is to show all vertical improvements.

4-9 OA-11-07 June 12, 2012 Chapter Four – Development Applications

4200. APPROVED SITE DEVELOPMENT AND IMPROVEMENT PLANS

Site development and improvement plans only remain valid and in force for two years from the date of their approval unless construction has commenced. If actual construction has not commenced within two years, measured by the date of the SDP or SIP approval letter, the site development or improvement plan approval term expires and the SDP or SIP is of no force or effect; however, an amendment to the SDP or SIP may be approved prior to the expiration date, which would allow the SDP or SIP, as amended, to remain valid for two years measured from the date of approval of the amendment so long as the proposed amendment complies with the requirements of the then existing code. Where no amendment is proposed, the Land Development Division may grant one extension up to two years from the expiration date so long as the SDP or SIP still complies with the requirements for the existing code. A request for extension shall be made in writing to the Director of the Land Development Division prior to the expiration of the SDP or SIP.

4300. PLANNED UNIT DEVELOPMENTS (PUD)

Purpose: The planned unit development (PUD) is established to provide a process for unified planning and coordination of development for a variety of purposes permitted by this code and the Comprehensive Plan. It is intended that the regulations and requirements applying to a PUD shall be sufficiently flexible so as to encourage creative and imaginative design in planning and development. A PUD shall not be used for the purpose of solely waiving standards and requirements of the LDC where there exists an alternative procedure as provided by this LDC.

4301. PUD DEVELOPMENT APPLICATION PROCEDURES

A. Pre-application conference. Prior to filing an application for PUD development, the applicant or his authorized representative shall confer with the Land Development Division as well as such other county officials and representatives of other agencies as may be requested by the Land Development Division to participate. The purpose of this conference shall be to permit the applicant to present his initial concept of the proposed PUD development, to permit county officials to make preliminary comments on the proposal, and to provide a detailed explanation of application requirements and review procedures.

B. Application. A petition for PUD shall be submitted in accordance with

the general requirements for amendments as set forth in this chapter.

4-10 OA-11-07 June 12, 2012 Chapter Four – Development Applications

In addition to other required application materials, the application shall include the following:

1. A statement identifying the owners of all property within the area of

the proposed development, together with evidence of the unified control of said area. If submitted by other than the current owner(s) of the property, the statement shall be accompanied by satisfactory evidence of the existence of purchase or lease agreement(s) or other appropriate instruments(s) to indicate current or future unified control of the property. The statement shall include a certification by the applicant:

a. That the proposed development shall be in accordance with the

provisions of the application and all materials submitted therewith and supplied upon request, and in accordance with such specified modifications thereof as may be required by the Board of County Commissioners and agreed to by the applicant;

b. That the applicant will provide any required acceptable surety

bond, or letter of credit, or similar security to the county for each phase of the proposed development prior to the commencement of construction of such phase as to assure completion of water lines, sewer lines, streets, stormwater management system facilities and other improvements required by the approval of the PUD development;

c. That the applicant will file with the county copies of any

condominium prospectus and the corresponding letter of approval from the state department of business regulation in order to ensure that provision will be made for the continuing operation and maintenance of all common facilities and open areas; and

d. That the applicant will bind all successors of the applicant to

such agreement.

2. A general concept plan at an appropriate scale showing the character, extent, and general location of buildings and outdoor uses, including open space and recreation areas, parking areas, public facilities, and buffers, and showing the uses of buildings.

3. An itemization of the number of dwelling or other units of different

types and of the quantity (floor area) of space devoted to accessory uses, and a schedule showing the expected phasing plan (including the approximate starting and ending dates of each phase) and the

4-11 OA-11-07 June 12, 2012 Chapter Four – Development Applications

number of units and/or quantity of space to be included within each phase.

4. A schematic traffic flow plan showing estimated volumes (peak

hour) of traffic on collector and arterial roads within the site and at all entrances to the site.

5. A statement indicating how the proposed project will be consistent

with the adopted Comprehensive Plan.

6. Such other materials as may be determined by the Director of the Land Development Division as being necessary for the review of the development based on its unique location, character or extent. Such materials shall include an identification of areas on the site characterized by floodplains, known archaeological and historical sites, and habitats for threatened or endangered species of special concern.

4302. PUD APPROVAL PROCEDURES

A. Review and consideration of the PUD application shall be conducted in the same manner as provided by law for any changes to the land use Atlas maps.

B. Following receipt of a completed application, it shall be reviewed by

county staff and by other agencies as requested by county staff. Within seven days of the applicant submitting an application to Citrus County, the county shall advise the applicant what information, if any, is needed to deem the application properly completed in compliance with the filing requirements prescribed by the county. A properly completed application is one that contains all the required materials prescribed by the county. If the county does not provide written notice that the applicant has not submitted a properly completed application, the application shall be deemed properly completed and accepted. This does not imply the application will be approved. Within 21 days after receiving a completed application, the county must notify an applicant if additional information is required for the county to determine the sufficiency of the application, and shall specify the additional information that is required. Each time an applicant responds to a request for additional information, the 21-day review period begins anew.

All unresolved comments and recommendations received pursuant to such review shall be forwarded to the Planning and Development Commission and Board of County Commissioners for their consideration.

4-12 OA-11-07 June 12, 2012 Chapter Four – Development Applications

C. As part of approval of an application for a PUD, the Board of County Commissioners may establish further requirements or limitations applicable to the development. Such conditions shall be based on findings by the Board of County Commissioners that they are necessary to ensure compliance with the Comprehensive Plan and/or this code.

4303. GENERAL STANDARDS FOR PUD DEVELOPMENTS

All PUD developments shall conform to the provisions of the adopted Comprehensive Plan of the county and those uses allowed as per the Land Use Atlas designation. Where standards exist in the plan and comparable standards do not exist in this code, the standards and procedures set out in the plan shall apply in addition to the standards herein.

A. Only uses which are consistent with the Comprehensive Plan may be

approved as a PUD. Approval or denial of a PUD is deemed to be a quasi-judicial action of the Board of County Commissioners, and an applicant for a PUD shall have no right in the application hereunder beyond the right to have the Board of County Commissioners consider same and approve or deny the application based on applicable law and the findings of fact.

B. After the effective date of this Code, any development approved

through the PUD application process, which is not designated a use by right (shown as a “P” in the applicable LDC section) in the respective land use district for the subject PUD parcel, shall be compatible with established or planned uses both within the development footprint and

4-13 OA-11-07 June 12, 2012 Chapter Four – Development Applications

surrounding neighborhoods and property. All PUD’s, Master Development Plans, Planned Residential and Non-Residential Developments, and Planned Development Overlays approved prior to the effective date of this code are not subject to this provision. A compatibility review shall not include these land uses within the PUD that are allowable in accordance with the Comprehensive Plan and Land Development Code District (“P” uses) but shall be limited to those specific deviations or approvals sought through the PUD process.

C. Accessory uses shall be permitted as set forth within the approved

general concept plan or as found by the Board of County Commissioners to be compatible with an approved plan.

D. Subsequent to the approval of a PUD, uses not enumerated may be

permitted through amendment of the PUD and approved by the Board of County Commissioners.

E. A PUD petition is subject to the following minimum acreage standards:

1. A development consisting of a nonresidential development shall

contain at least one acre;

2. A residential development shall have a minimum of five acres; and

3. A mixed-use development shall have a minimum of five acres.

F. The land area included within the PUD development shall be of such proportions as to properly accommodate all proposed uses in keeping with the general requirements of the county and the established objectives and policies of the adopted Comprehensive Plan.

G. Landscaping and design and maintenance shall follow the principles of

Florida Friendly Landscaping ™ and the Florida Yards and Neighborhoods (FYN) Homeowner Program to reduce water use and fertilizer runoff.

1. Planted turf grass and landscaping on residential lots shall be

limited to a maximum of 50% of the upland portion of the lot.

2. Turf grasses and landscape vegetation shall be common to the area and drought tolerant.

H. There shall be no specific lot requirements for individual uses;

provided, however, that the area designated for any particular use shall be of sufficient size and proportion so as to properly accommodate

4-14 OA-11-07 June 12, 2012 Chapter Four – Development Applications

said use and to provide for adequate open space and buffering between it an adjacent use.

I. The maximum height of structures, setbacks, and density within a PUD

development shall be as specifically established by the Board of County Commissioners in its approval action.

J. Approval of the proposed PUD development shall include approval of

all maps, diagrams, tables, and reports submitted by the applicant.

K. A planned unit development will terminate within three years of the date of approval if either a site development plan or preliminary subdivision plat application is not filed with the county. If one of these applications is not filed within the specified time frame, the PUD shall be null and void.

4304. MODIFICATION OF A PREVIOUSLY APPROVED PLANNED UNIT

DEVELOPMENT (PUD)

A. Changes to an approved PUD (or former approved Planned Development or Planned Development Overlay) may be permitted by the Director of the Land Development Division with the Office of the County Attorney’s review and concurrence, as required, on an application by the original applicant or successors in interest, but only upon making a finding that such changes are:

4-15 OA-11-07 June 12, 2012 Chapter Four – Development Applications

1. In accord with all applicable regulations in effect at the time the change is applied for; and

2. In accord with all the conditions and requirements specified in the

approval by the Governing Body.

B. The Director of the Land Development Division is authorized to approve minor changes in the approved master plan of development as long as they are in harmony with the originally approval for the development plan but shall not have the power to approve changes that constitute a major modification of the approval. A major modification shall require approval of the Planning and Development Commission or the Board of County Commissioners depending on the initial level of review, and shall be handled as a new application.

C. In reaching the decision as to whether or not the changes are

substantial enough to be considered a major modification and subject to reapplication as a new Concept Development Plan, the Director of the Land Development Division shall, after reviewing the record of the project, determine if any of the following changes are present:

1. Any increase in intensity of use. An increase in intensity of use

shall be considered to be an increase of more than five percent of usable floor area or an increase of more than five percent in the number of dwelling units or an increase of more than five percent of outside land area devoted to sales, displays, or demonstrations. In no case shall the intensity or density be increased over the maximum permitted by this LDC or the Comprehensive Plan.

2. Any change in parking areas resulting in an increase or reduction of

10 percent or more in the number of spaces approved.

3. Structural alterations significantly affecting the basic size and form of the building(s) as shown on the approved plan will be considered substantial if they increase the density or intensity of the land use occurring within 150 feet of the boundary of the project.

4. Any reduction in the amount of open space of more than five

percent or substantial change in the location or characteristics of open space uses.

5. Substantial changes in location or type of pedestrian or vehicular

accesses or circulation.

6. Any deviation from the setbacks, height, and area or dimensional standards approved as part of the Concept Development Plan.

4-16 OA-11-07 June 12, 2012 Chapter Four – Development Applications

7. A change of use within a structure or structures that substantially

differs from the proposed use within the approved master plan.

8. The following matters shall not be considered a major modification:

a. Modification of a DRA for location or size;

b. Temporary access point;

c. Minor relocation of an access point if this LDC is complied with and the access point number is not increased;

d. Relocation of signage provided there is no increase in size or

number;

e. Utility relocation provided the primary use is not the utility;

f. Temporary uses consistent with the PUD uses, not to exceed one year in duration.

9. Any change in a condition specifically required by the Governing

Body as part of the final approval.

D. The Director of the Land Development Division is authorized to approve reductions in density provided the following conditions exist:

1. The reduction is no greater than five percent (5%) of the planned

development buildout or a total reduction of 20 residential units, whichever is lower;

2. The reduction will not modify the general development pattern and standards of the planned development; and

3. The proposed change has been reviewed and approved by the

local Architectural Review Board or Homeowner's/Property Owners Association when applicable and such legal authority is provided within their charge. Such approval shall be provided in writing to the Director by the applicant.

4. Public notification has been provided. All costs associated with

public notice shall be paid by the applicant.

4-17 OA-11-07 June 12, 2012 Chapter Four – Development Applications

4400. VARIANCES

A. Initiation of application for variance: A request for a variance from the strict application of the provisions of this code may be initiated at any time by the Board of County Commissioners, by the Planning and Development Commission, or by the landowner (including his duly authorized agent) of the land for which the variance is requested. Where there are multiple property owners, 51 percent of the interest in the total parcel must be represented as formal applicants.

An application for variance shall be made on standard forms provided by the County. A fee and application supporting documents shall be required as specified in the application instructions. The application forms, instruction, and fee shall be authorized by the Board of County Commissioners. The application shall be signed by the applicant or his agent, such signature being. Within three (3) days of the applicant submitting an application to Citrus County, the County shall advise the applicant what information, if any, is needed to deem the application properly completed in compliance with the filing requirements prescribed by the County. A properly completed application is one that contains all the required materials prescribed by the County. If the County does not provide written notice that the applicant has not submitted a properly completed application, the application shall be deemed properly completed and accepted. This does not imply the application will be approved. Within seven (7) days after receiving a completed application, the County must notify an applicant if additional information is required for the County to determine the sufficiency of the application, and shall specify the additional information that is required. Each time an applicant responds to a request for additional information, the 7 day review period begins anew.

B. Review of application

1. The application should be received by the Land Development

Division. After the application is determined to be complete, it shall be routed for review as determined by the Land Development Division Director or his/her designee to the County Engineer, County Health Department, Building Official, and the Chief of Fire Rescue. The Land Development Director shall make determination of the facts which are relevant to consideration of the proposal and a recommended determination of the consistency of the proposal with the adopted Comprehensive Plan and Land Development Code.

4-18 OA-11-07 June 12, 2012 Chapter Four – Development Applications

2. The request shall be considered by the PDC at a public hearing after due public notice, along with the report from the Land Development Director. Any action taken shall be accompanied by the findings of the PDC upon which the action was based.

C. Standards for action by the PDC. Approval of a petition for variance

from the provisions and requirements of this code shall be granted by the PDC only on a finding that:

1. Special conditions and circumstances exist which are peculiar to

the land, structure, or building involved and which are not applicable to land, structures, or buildings in the same land use district.

2. The special conditions and circumstances do not result from the

actions of the applicants.

3. A granting of the variance requested will not confer on the applicant any special privilege that is denied by this code to other lands, buildings, or structures in the same land use district.

4. Literal interpretation of the provisions of this code which [would]

deprive the applicant of rights commonly enjoyed by other similarly situated properties and would work unnecessary and undue hardship on the applicant.

5. The variance granted is the minimum variance that will make

possible the reasonable development and/or use of the land, building, or structure.

4-19 OA-11-07 June 12, 2012 Chapter Four – Development Applications

6. The granting of the variance will be in harmony with the general intent and purpose of this code and will not be injurious to the area involved or otherwise detrimental to the public welfare.

7. There will be full compliance with any additional conditions and

safeguards which the PDC may prescribe, including but not limited to reasonable time limits within which the action for which the variance is required shall be begun or completed, or both.

8. Granting of the variance will not deviate from the clear intent of the

adopted Comprehensive Plan.

D. Record of variances to be maintained. The Land Development Director shall maintain a record of all variances granted so as to be able to identify variances by parcel or by applicant/owner.

E. Termination and/or expiration of Variance: The PDC may specify a

term for the duration of a Variance. A Variance will terminate if no development activity under the Variance is commenced within three years of the date of approval, or if the approved use ceases for a period of three years. The property owner may seek an extension by applying to the PDC.

4500. CONDITIONAL USES

A. Initiation of application for Conditional Use

1. A request for a CU pursuant to the specific provisions of this code may be initiated at any time by the Board of County Commissioners, by the PDC, or by the landowner (including this duly authorized agent) of the land for which the special exception is requested. Where there are multiple property owners, 51 percent of the interest in the total parcel must be represented as formal applicants.

2. An application for Conditional Use shall be made on standard forms

provided by the County. A fee and application supporting documents shall be required as specified in the application instructions. The application forms, instructions, and fee shall be as authorized by the Board of County Commissioners. The application shall be signed by the applicant or his agent, such signature being verified under oath. Within three (3) days of the applicant submitting an application to Citrus County, the County shall advise the applicant what information, if any, is needed to deem the application properly completed in compliance with the filing requirements prescribed by the County. A properly completed

4-20 OA-11-07 June 12, 2012 Chapter Four – Development Applications

application is one that contains all the required materials prescribed by the County. If the County does not provide written notice that the applicant has not submitted a properly completed application, the application shall be deemed properly completed and accepted. This does not imply the application will be approved. Within seven (7) days after receiving a completed application, the County must notify an applicant if additional information is required for the County to determine the sufficiency of the application, and shall specify the additional information that is required. Each time an applicant responds to a request for additional information, the 7 day review period begins anew.

B. Review of application

1. The application shall be received by the Land Development

Division. After the application is determined to be complete, it shall be routed for review as determined by the Land Development Division Director or his/her designee to the County Engineer, County Health Department, Building Official, and the Chief of Fire Rescue. The Land Development Director shall make determination of the facts which are relevant to consideration of the proposal and a recommended determination of the consistency of the proposal with the adopted Comprehensive Plan and Land Development Code.

2. A Conditional Use application which meets the objective criteria of this code for that use shall be presumed entitled to approval. Such presumption may be rebutted by competent, substantial evidence that the applicable LDC criteria have not been met. The proposal

4-21 OA-11-07 June 12, 2012 Chapter Four – Development Applications

shall be considered by the PDC at a public hearing after due public notice, along with the report of the Land Development Director.

Following completion of the public hearing, the PDC shall approve, disapprove, amend and approve the proposal, or approve the proposal with conditions. Any action taken shall be accompanied by the findings of the PDC upon which the action was based.

3. In approving a proposal, the PDC may attach appropriate

conditions to ensure compliance with the provisions of this code. Such conditions may limit the uses, size of uses or structure, or characteristics of the operation of a use, or may require buffers, landscaping, or other improvements not normally required, conditions may also require the periodic review of the use and may provide for the expiration of the Conditional Use on a date certain.

C. Standards for action by PDC. Approval of a Conditional Use

application shall be granted by the PDC only upon finding that:

1. The proposed uses and structures would not violate the land uses, densities, or other directives of the adopted Comprehensive Plan or of this code.

2. The proposed uses and structures would not be incompatible with

the uses, structures, and activities on adjacent and nearby lands.

3. The proposed uses and structures would not violate the health, safety, welfare, and/or convenience of those residing, working, or owning land in the vicinity of the proposed use or structure, specifically with respect to:

a. The use or structure would not exceed the applicable density or

bulk regulations except as specifically authorized, nor shall the use or structure result in overcrowding of land or buildings;

b. The use or structure would not impair pedestrian or vehicular

movement in adjoining streets so as to violate adopted level of service standards;

c. The use or structure would not create a fire hazard;

d. The use or structure would not result in noise, odor, glare,

vibration, or other similar characteristic, which is detectable at the property line and which exceeds the level which will result from permitted uses;

4-22 OA-11-07 June 12, 2012 Chapter Four – Development Applications

e. The use or structure would not prevent an adjoining landowner from the legal use of his property pursuant to this code;

f. The use or structure would not violate a requirement or

limitation of any applicable state or federal law or regulation; and

g. The use or structure would not result in the inadequacy or

inability of any public facility or service to meet adopted standards.

4. Termination and/or expiration of Conditional Uses

The PDC may specify a term for the duration of a Conditional Use. A Conditional Use will terminate if no development activity under the Conditional Use is commenced within three years of the date of approval, or if the approved use ceases for a period of three years. The property owner may seek an extension by applying to the PDC.

4600. ADMINISTRATIVE WAIVERS

A. Intent. It is recognized that certain conditions exist or are created which are not recognized as self-imposed hardships but which may be caused by a parcel of land or a structure having an irregular shape, or other peculiar physical characteristic, or which are not addressed in the Land Development Code due to their unusual or unforeseen nature. It is the intent of the Board of County Commissioners to provide a remedy for these situations and to prevent undue expenses and time delays by permitting the Land Development Director to grant waivers under the following specific guidelines:

1. The Director’s granting of a waiver contemplates an exception to

existing Land Use rules and regulations in a specific instance to alleviate undue burden or unnecessary hardship upon the property owner which the land use rules and regulations otherwise impose;

2. The waiver is a modification which is ordinarily not permissible in a

given land use district but may be granted upon a finding that a literal enforcement of rules and regulations would inflict an unnecessary hardship on an individual landowner either in a time or monetary concept; and:

3. It is determined that the owner of the land has not purchased the

property to increase its value by virtue of the waiver, that granting the waiver would not cause harm to the surrounding properties, and

4-23 OA-11-07 June 12, 2012 Chapter Four – Development Applications

that the adjoining property owners have no objection to the granting of the waiver.

B. Waivers permitted. Waivers may be considered for the following:

1. Setbacks, area coverage and height.

a. The Land Development Director may approve waivers to the

required setbacks, area coverage, and height/size of buildings by no more than ten (10) percent in all single-family and business districts.

b. The Land Development Director may approve waivers to the

required setbacks, area coverage, and height/size of buildings by no more than 15 percent in rural residential and agriculture districts.

2. Special uses. When a use is not covered in any land use district,

but is similar in nature in all its components to permitted or permissible uses, the use may be considered either permitted or permissible by the Director.

3. Off-street parking. The Land Development Director may approve

waivers of no more than ten (10) percent for the required parking spaces (areas) in business and industrial zoned districts.

C. Procedures

1. The Land Development Director shall notify the Building Official,

County Engineer, County Administrator, County Attorney, and the County Commissioner in whose district the subject property is situated that a request has been made.

2. The Land Development Director shall notify persons owning land

within 500 feet of the subject property for which a waiver is being requested. Notification shall be by first class mail.

3. Landowners have 30 days from the date of the postmark of the

letter they receive from the County in which to file an objection.

4. If there are no written objections from landowners receiving notice, the Building Official, County Engineer, County Administrator, County Attorney, or the County Commissioner receiving the notice, the waiver shall be granted.

4-24 OA-11-07 June 12, 2012 Chapter Four – Development Applications

5. If a written objection is received, the land owner may file an application to be presented to the PDC for final decision at a public hearing. No less than ten (10) days prior to the hearing, the Land Development Division Director shall notify, by first class mail, all persons who previously received written notice of the hearing date and time.

6. The applicant shall pay a fee as set by the Board of County

Commissioners, for each separate request, to defray the cost of processing.

4700. (RESERVED) 4800. MINING DEVELOPMENT - APPLICATION AND STANDARDS

A. Scope of Application: The regulations set forth herein shall apply to

the mining of muck, peat, sand, rock, clay, shell, soil, phosphate or other extractable materials within all unincorporated areas of Citrus County. No person shall operate a mine or conduct mining activities within the unincorporated area of Citrus County, Florida, without a Mining Permit, unless vested rights or a valid nonconforming use has been recognized

B. Vested Rights

1. An existing lawful mine as of the effective date of this ordinance

shall have a permit and/or vested rights determination by the County or shall provide documentation supporting vested rights under this Land Development Code or the common law, via the vested rights process.

2. Term of vested rights: Authorization to operate a mine which is

lawfully in existence as of the effective date of this regulation shall remain valid and in force subject to the conditions of Sub-section A above, so long as mining operations are continuing in good faith. Failure to file a Biennial Mining Report for three consecutive years will require resubmittal and approval of a vested rights application.

3. Registration: All lawful mines shall have on file an application for

vested rights with the County within ninety (90) days of the effective date of this section. This application shall contain the following:

a. Name, address, telephone number of current owner and

operator;

4-25 OA-11-07 June 12, 2012 Chapter Four – Development Applications

b. Survey or sketch drawn to scale with a legal description of the entire mining site;

c. Aerial map of the entire mining site delineating areas previously

and currently mined, reclaimed areas, and areas of future mining; and

d. Copies of all other permits for the mine, including site plans,

mining operation plans and reclamation plans associated with the permits issued, if applicable, by the Florida Department of Environmental Protection, Southwest Florida Water Management District, U.S. Army Corps of Engineers and U.S. Environmental Protection Agency.

4. Failure to register: Any mine for which an application for vested

rights is not on file within the time period specified above, shall not be recognized as having vested rights for the operation of such mine. In order to operate such mine, the mine shall be required to comply with all provisions of the Citrus County Code, as may be amended.

C. Valid Nonconforming Use: A mine which has been recognized by the

County as a valid nonconforming use on September 9, 2008 shall be authorized to continue mining operations subject to the provisions of this LDC.

D. Prohibited Activity: It shall be illegal for any person, association,

corporation or other entity to conduct an excavation and fill operation and/or a mining operation on any real property in Citrus County, without first obtaining a mining permit for such activity, except as exempted within this LDC. It shall also be unlawful for any excavation, or mining activity governed by a County permit issued in accordance with this ordinance to occur contrary to the conditions of such permit.

E. Exemptions. The following activities shall be exempted from the

permitting requirements of this section, to the extent indicated:

1. Agricultural use projects, including agricultural work incidental to agricultural operations and livestock watering ponds, provided that:

a. The property is agriculturally zoned, or if the property is not so

zoned, the agricultural use is permitted or formally recognized as a Valid Nonconforming Use as provided in the Land Development Code;

b. No excavated material is removed from the subject property;

and

4-26 OA-11-07 June 12, 2012 Chapter Four – Development Applications

c. No excavation shall take place within fifty (50) feet of the

property line; however, a ditch or canal may be excavated within fifty (50) feet of or along the property line, if written approval is obtained from affected property owners.

2. Earth moving in conjunction with the installation of a utility, wherein

the excavation is to be backfilled.

3. Construction of State, Federal, or local public roads and public works within the limits of public property.

4. Graves.

5. Landfills or other waste disposal facilities approved by the State of

Florida and the County.

6. Any activity regulated by the Florida Electrical Power Plant Siting Act and the Florida Electric Transmission Line Siting Act to the extent that the provisions of this chapter are pre-emptied by said Acts. Maintenance activities undertaken by a public utility as defined by Florida Statutes with regard to existing electrical power plants, their reservoirs and other related facilities.

7. Excavation incidental to any authorized Citrus County development

order or permit, including approved site plans, improvement plans, plats, final development orders and/or building permits excavation material removal from the premises may exceed five thousand (5,000) cubic yards provided that:

a. The extraction process and hauling of excavated materials from

the premises is completed within two (2) months of commencement of project construction, following the issuance of a County site development permit or development order.

b. Extraction and hauling is limited to occurring between the hours

of 7:00 a.m. and 5:00 p.m., Monday through Friday;

c. The provisions of the Land Development Code and Citrus County Code of Ordinances are satisfied.

d. Protection of roadways (clean up and repair of damage).

8. For excavation incidental to any authorized Development of Regional Impact, Planned Development, Planned Unit Development or projects authorized by Development Agreement,

4-27 OA-11-07 June 12, 2012 Chapter Four – Development Applications

excavation material removal may exceed the volume or time limitations provided above, if so authorized in a development order or subsequent development approval when approved or required as a result of the applicable level of review.

9. Maintenance dredging of lakes or canals as provided by local,

regional, State and Federal law.

10. Construction of ponds on single-family residential lots, provided that:

a. The total surface area of the pond or ponds is not greater than

one-half ( 1/2) acre in size or thirty-five (35) percent of the lot, whichever is more restrictive;

b. No excavation takes place within fifty (50) feet of the lot property

line. Except in cases where the pond is necessary to meet stormwater management cut and fill balance requirements, said setback may be reduced to twenty-five (25) feet of parcel width perpendicular to a given lot line, as applicable;

c. The excavation does not disturb any existing wetland;

d. Pond depth does not exceed twelve (12) feet;

e. Side slopes are not greater than one foot vertical to four (4) feet

horizontal;

f. There will be no hauling of excavated material from the property, unless the excavation is conducted to satisfy cut and fill balance requirements for stormwater management purposes, as verified by the County Engineer, provided removal of excavated material off-site is the minimum necessary to satisfy said requirements; and

g. A site development plan approval is obtained from the County.

F. General Standards: The standards of this section shall be applicable

to all mines prospectively from its effective date.

1. Operation/Management Practices/Performance: All mines shall practice the following standards and principles in their daily operations.

a. Best Management Practices. All mining operations shall employ

the Best Management Practices as established within their

4-28 OA-11-07 June 12, 2012 Chapter Four – Development Applications

Environmental Resource Permit (ERP). When BMP’s are not specifically cited within an ERP and/or condition of approval, the operator shall operate in accordance with "The Florida Stormwater Erosion and Sedimentation Control Inspector's Manual" published by FDEP.

b. Noise Management/Abatement. Noise, vibration and other

related impacts are regulated pursuant to the County’s Noise Ordinance contained in Chapter 21 of the Citrus County Code as well as applicable State and Federal Standards and regulations, activities, and operations associated with developments within Unincorporated Citrus County must comply with these standards.

All mining operations shall implement procedures, design and employee education programs to reduce noise levels. Requirements shall include: 1) Alternative OSHA/MSHA safety alarm technology. 2) Buffers, berms, baffles and other noise attenuation practices

and devices. 3) Weekday daylight scheduling on noise generating

maintenance of equipment. 4) Education and enforcement of noise abatement techniques

and practices for employees and subcontractors. 5) Establish a procedure to accept, record, and resolve noise

related complaints. 6) Establish and implement a maintenance and inspection

program for equipment for the purposes of minimizing equipment noise.

c. Site Maintenance. All mining operations shall implement

procedures/programs to maintain proper site management. These requirements shall include: 1) Instituted program(s) to ensure proper storage and

maintenance of equipment, materials, and site generated debris.

2) Inspection and maintenance program(s) for required silt fences, berms, vegetative buffers, etc., to ensure integrity, survival and health.

3) Remove trash and derelict equipment, containers, etc., from site at least every 60 days.

4) Inspect for and remove invasive plant species listed by the Florida Exotic Pest Plant Council as level I or level II from buffers, conservation areas and restoration/reclamation areas.

4-29 OA-11-07 June 12, 2012 Chapter Four – Development Applications

d. Correspondence Submittal. All mining operations shall submit

copies of correspondence sent to or received from Federal, State, or Regional agencies related to operation of the mine to the County within 14 days of receipt. When such correspondence contains proprietary information then redaction shall be used to maintain privacy.

2. Criteria for new mines and expansion of existing mines. The

following shall apply to new and expanded mines and new Extractive Land Use Districts. With the exception of monitoring and biennial reporting standards, existing vested mines and existing mines operating as valid nonconforming uses shall comply with Citrus County Comprehensive Plan and LDC standards applicable prior to the effective date of this Ordinance.

a. Comprehensive Plan. All mining operations shall be consistent

with the Citrus County Comprehensive Plan.

b. Zoning. All mining operations shall be consistent with the provisions of the Citrus County Land Development Code. In the event the proposed mining is not consistent with the future and current land use district classifications, the mining permit shall be reviewed no earlier than the adoption phase of the land use amendment.

c. Compliance with other law. All mining operations shall be

conducted in accordance with all applicable Federal, State, Regional and local laws, ordinances, rules and regulations.

G. Administrative and Permitting Procedures: The requirements of this

ordinance shall be administered by the Board of County Commissioners through the Director of the Department of Planning and Development. All new and expanded mines shall be required to comply with the following permitting procedures.

1. Level of Review

a. Proposed mines (new or expanded) within extractive districts

that meet all setbacks and development standards referenced in this Section: 1) County staff review; 2) Mining Permit prior to initiation of excavation activities; 3) Biological and geotechnical reports; and 4) Financial responsibility.

4-30 OA-11-07 June 12, 2012 Chapter Four – Development Applications

b. Proposed mines (new or expanded) within extractive districts that deviate from setbacks and development standards referenced in this Section: 1) Planned Unit Development; 2) Mining Permit prior to initiation of excavation activities; 3) Master Mining Plan; 4) Biological and geotechnical reports; and 5) Financial responsibility.

c. Proposed mines (new or expanded) in conjunction with land use

change: 1) Requires Comprehensive Plan Amendment/Atlas

Amendment/Planned Unit Development; 2) Mining Permit prior to initiation of excavation activities; 3) Master Mining Plan; 4) Biological and geotechnical reports; and 5) Financial responsibility.

d. A Planned Unit Development (PUD) for mining shall be heard by

a Special Master in lieu of the Planning and Development Commission. The cost of the public hearing and all associated costs including the Special Master shall be borne by the applicant. The hearing before the Special Master shall be a public hearing with verbatim transcript. The transcript, submitted documents, and a written findings of fact report by the Special Master, shall be provided to the Board of County Commissioners prior to their public hearing.

2. Mining Permit Requirements

a. The applicant shall provide public notice at least thirty (30) days

prior to the proposed start date of development of a permitting mining activity. Notice of initiation of development shall be published in a newspaper of local jurisdiction and general circulation at least thirty (30) days prior to the start of development, and proof of publication provided to the Department.

b. Any expansion of the permitted mining area or mined product in

the mining operations, such as increase in depth, change in material mined, modified boundaries or increased hours of operation shall require an amendment to the mining permit.

c. All operators of lawful mines shall conform to standards set forth

in the Florida Statutes and Florida Administrative Code as a condition of maintaining their permit as granted by Citrus

4-31 OA-11-07 June 12, 2012 Chapter Four – Development Applications

County. Any reports applicable to mining, required by these statutes or code shall be forwarded to the Director of the Department of Planning and Development via electronic transmittal, concurrent with schedules required by the State. For purposes of this Section and such transmittals as required, applicable Florida Statutes, Florida Administrative Code and any other statute, code or rule used by the State or Federal jurisdictions shall be included. Failure to comply with these laws and codes shall result in suspension of the permit until the information is provided or due process leads to revocation or restoration.

d. An application for a Mining Permit required by this LDC shall be

made to the Department of Planning and Development who shall administer the requirements hereof. This application shall contain items listed below: 1) A site and development plan drawn to scale showing all

setbacks, buffers, fences and gates, structures, access drives, and associated operations on the site;

2) Aerial photograph with property/project boundaries shown, depicting existing site conditions, certified boundary and topographic survey to one-foot contours, feet, NGVD;

3) All filing requirements for a Planned Unit Development, or application for land use change as required above;

4) Provisions to demonstrate that erosion control and stormwater management measures are taken to prevent silting of drainage facilities and water quality violations in receiving waters;

5) A fugitive dust control plan that demonstrates compliance with site work requirements of this LDC;

6) A reclamation plan for the mined area and all associated operations shall be provided, if not previously approved within a Master Mining Plan. It shall show: a) contouring to a permanent slope of not greater than four

(4) horizontal to one (1) vertical; b) revegetation of all disturbed areas by, as a minimum,

planting grass seeds or trees; and c) provisions for all reclamation to be completed within

twenty-four (24) months of the cessation of excavation activity.

d) all required regional, State, and Federal permits have been obtained prior to beginning excavation;

e) other materials, as required to demonstration compliance with other applicable code and Comprehensive Plan provisions; and

4-32 OA-11-07 June 12, 2012 Chapter Four – Development Applications

f) Hydrogeological data that supports the applicant and protects adjoining properties that: i. defines the potentiometric contours, elevations (feet

NGVD) and direction of movement of groundwater flow within the mining property or district, and

ii. defines potentiometric elevations below which mining operations may not occur.

3. Master Mining Plan Requirements: A Master Mining Plan shall be provided to the Department in conjunction with applications for new or expanded Extractive Land Use Districts. The Master Mining Plan shall contain the following.

a. All filing requirements for a mining permit.

b. Phasing of excavation activities, including a site plan showing

mining units and locations of processing and affiliated facilities.

4-33 OA-11-07 June 12, 2012 Chapter Four – Development Applications

c. Groundwater monitoring and reporting plan that meets the requirements of FDEP and SWFWMD rules for groundwater quality and groundwater levels.

d. Pollution Prevention Plan: The operator of the mining operation

or the property owner must prepare and keep on-site a Pollution Prevention Plan. The plan must address potential sources of contamination and provide Best Management Practices (BMPs) to avoid on-site and off-site surface water and groundwater contamination. The plan must include an inspection program to ensure the proper operation of the implemented BMPs and contaminant spill containment and disposal procedures. Where not specifically specified within an ERP and/or condition of approval, the operator shall operate in accordance with "The Florida Stormwater Erosion and Sedimentation Control Inspector's Manual" published by FDEP/FDOT.

4. Biological and Geotechnical Reports

a. A biological report that meets the Florida Fish and Wildlife

Conservation Commission standards shall be submitted and approved by the Department prior to approval of any Master Mining Plan or Mining Permit application.

b. A geotechnical report shall be provided with any Master Mining

Plan or Mining Permit application. The geotechnical report shall evaluate the potential for impact on water levels and water quality in any aquifer to be impacted by excavations or affected by dewatering during the mining operations occurring after the effective date hereof, and shall contain the following: 1) The geotechnical report shall be performed by a

Professional Engineer or Professional Geologist. 2) It shall utilize a professionally acceptable methodology

establishing to a reasonable degree of technical certainty the condition and elevation of the affected aquifer in a normal state unaffected by mining activity (pre-mining aquifer conditions). Pre-mining aquifer conditions shall be utilized as baseline conditions to evaluate the adequacy of mitigation measures and successful reestablishment of hydrology after reclamation is complete.

3) It shall include a plan for monitoring and reporting, which shall include the following: a) Positioning and installation of rain gauges, staff gauges,

and piezometers as necessary to acquire professionally acceptable data on the performance of mitigation measures.

4-34 OA-11-07 June 12, 2012 Chapter Four – Development Applications

b) Collection of data from all gauges, monitoring wells and piezometers and blasting reports periodically, at a frequency as necessary to accurately assess performance of the mitigation.

c) Preparation and submission of a Biennial Mining and Reclamation Report presenting and interpreting the data.

d) It shall propose a mitigation plan for any potential interference or adverse impact on water levels identified in the application for a Master Mining Plan or Mining Permit. The mitigation plan shall demonstrate compliance with Reclamation Standards of this Section.

5. Financial Responsibility: Any applicant for a mining permit shall

submit with the application, and any holder of a current mining permit shall submit within sixty (60) days of the adoption hereof, proof of property and personal injury and liability insurance or an approved self-insurance plan, that satisfies the following:

a. The amount of insurance shall be a minimum of two million

dollars per incident, and five million dollars aggregate.

b. The liability insurance shall name as the insured the property owner and the applicant, if different than the property owner.

c. In addition to standard general commercial liability coverage in

the above amount, vibration related personal injury and property damage shall be covered.

d. The insurer shall have a currently valid certificate of authority to

provide insurance issued by the office of the Florida Office of Insurance Regulation Commissioner and must be in compliance with all other requirements of the Florida Insurance Code.

e. The insurer shall have at least an A+ rating in the latest issue of

Best's Key Rating Guide.

f. The insurer shall be a current member in good standing of the Florida Insurance Guaranty Association.

g. Insurance satisfying these requirements shall be continuously in

effect at all times during the term of the mining permit and until all mining operations cease and reclamation is released as provided by Citrus County Code. Failure to comply with the requirements for insurance as stated hereunder shall constitute a violation of Citrus County Code and shall constitute grounds for suspensions or revocation of the Mining Permit.

4-35 OA-11-07 June 12, 2012 Chapter Four – Development Applications

H. Development Standards: New mining districts, expanded mining

districts, and expanded mines must be located, designed, and operated to be compatible with surrounding private and publicly owned lands with special considerations given to surrounding conservation and residential districts. Mining activities will be subject to the following design standards. The Board of County Commissioners may adopt modified conditions of approval pursuant to the Planned Unit Development standards of this LDC when in the public interest and expressed in formal findings of fact.

1. Air Pollution: Mining equipment, vehicles, stockpiles, roadways,

and machinery shall be properly maintained and operated. Operations shall be conducted to minimize air pollution, including fugitive dust emissions. Dust shall be periodically removed from paved public roadways. All trucks used for hauling shall be maintained in a clean condition and shall have load covers, to prevent dust from causing a public nuisance. Accumulated material and dust shall be removed from any paved public roadway within twenty-four (24) hours of notification by the County or agency having jurisdiction.

2. Days/Hours of Operation: The hours of operation of any mine for

which a mining permit under this Section is required shall be between the hours of 6:00 a.m. to 6:00 p.m., Monday through Friday, and between the hours of 7:00 a.m. to 12:00 p.m. on Saturday. No operation of any mine shall be permitted on Sunday. For purposes of determining the days and hours of operation as provided herein, the term "operation", in addition to those activities referenced in the definition section of this code, includes the staging of vehicles, but shall not include the routine maintenance or repair of machinery. The hours of operation for any mine may be extended by the Board of County Commissioners through the PUD approval process. In addition, under emergency circumstances the Board of County Commissioners may extend hours of operation for up to thirty (30) days upon request. Additional thirty (30) day extensions may be obtained by separate request and approval of the Board of County Commissioners. During nighttime operations strobe lights shall be utilized as reverse vehicular warning signals in substitution of audible signals.

4-36 OA-11-07 June 12, 2012 Chapter Four – Development Applications

3. Excavation Standards

a. Maximum depth. Maximum excavation depth shall be determined through the Planned Unit Development approval process after reviewing the site-specific geotechnical reports and recommendations of SWFWMD, FDEP, and County staff, as applicable. The permitted depth shall not exceed the depth permitted by the SWFWMD, FDEP as applicable and shall not penetrate through impervious soil or other confining layer that presently prohibits intermingling of two or more aquifers that degrades water quality.

b. Penalty for excessive depth. If the excavation exceeds the

established maximum excavation depth, the operator of the mining operation together with the property owner will be liable for full cost of restoration plus a penalty of 10 percent of market value per cubic yard (in-situ measure) for each cubic yard of material excavated beyond the maximum excavation depth. This penalty shall not exceed those provided for in F.S. Chapter 162.

c. Bank Slope.

1) After excavation is complete and upon reclamation of the site, the banks of the excavations must be sloped at a ratio not greater than four (4) horizontal to one (1) vertical from the top of the finished grade to an elevation of four feet below the dry season water depth or as specifically provided in FDEP or SWFWMD approval for mining reclamation.

2) The excavation banks must have a revegetated littoral shoreline of at least 150 feet in length along the perimeter when abutting a residentially zoned area or district.

4. Groundwater Impacts

a. Mining activity shall not cause unmitigated interference with

adjacent or nearby legal users of water. Examples of interference with adjacent or nearby users of water shall include, but are not limited to, lowering of water elevations farm and fish ponds, crop failure, water well failure or significant decrease in well efficiency, or increased irrigation requirements. Proposed mining operations utilizing active dewatering must be approved by the Board of County Commissioners as a PUD application. All dewatering operations shall be conducted to maximize recharge to the aquifer via on-site methods, and in compliance with the Southwest Florida Water Management

4-37 OA-11-07 June 12, 2012 Chapter Four – Development Applications

District regulations. For this purpose, on-site means property described in the mining permit.

b. No mining activity shall cause, in any area beyond the property

boundary of the permittee, a violation of any State or Federal groundwater quality standard, nor cause any groundwater used for potable purposes to fail to meet State or Federal primary or secondary drinking water quality standards.

c. The mine owner/operator shall take measures as necessary to

prevent off-site ground water impacts due to dewatering, and to adequately mitigate dewatering effects when and if they occur. Mitigation efforts shall be maintained to ensure required groundwater quality and quantity.

d. The mine owner/operator shall investigate and fully respond to

all complaints of water well interference and/or dewatering of adjacent and nearby areas which interferes with the beneficial use of groundwater on lands not under the ownership or control of the permittee hereunder. The County shall require a mitigation plan to mitigate for all documented interference or dewatering in nearby and adjacent areas. Any mitigation plan required hereunder shall become a binding condition of the mining permit.

e. In the event that the mine operator fails to implement any

mitigation plan approved as a condition to the mining permit, the County shall institute enforcement proceedings pursuant to Citrus County Code to require mitigation, together with continued monitoring. The applicant shall be liable to the County for all costs incurred in such mitigation, which shall be collected by the County as provided by Citrus County Code.

f. The implementation and success of any mitigation plan, as well

as all complaints of water well interference and dewatering of adjacent or nearby areas, and the mine operator's investigation and response thereto, shall be included in the Biennial Mining and Reclamation Report, unless resolved to the satisfaction of the complainant.

g. Mining within the aquifer must be approved by the Board of

County Commissioners as a Planned Unit Development.

h. Protection of Drinking Water Sources: The mine operator shall provide a site plan that reflects all potable water sources, including private wells, within 1000 feet of the property line of

4-38 OA-11-07 June 12, 2012 Chapter Four – Development Applications

the permitted property. The project shall meet the ground water quality and quantity standards of the FDEP and SWFWMD.

5. Mine Safety and Security: Excavated areas of mines shall be

secured on all sides from public access by properly constructed and maintained fencing consisting of field fence no less than four (4) feet in height or by other means specified within the mining permit. No trespassing signs shall be posted every one hundred (100) feet and on each corner of the subject property.

6. Minimum Acreage: New mines or expansion of existing lawful

mines must meet the following minimum acreages. For an expansion permit, the total combined acreage of the existing and expanded mine must equal or exceed this standard:

Material Minimum acreage

Sand, Clay, Peat, Top Soil 20 acres Limestone, Dolomite, Phosphate – dry mining 100 acres

Limestone, Dolomite, Phosphate – wet mining 100 acres

For purposes of complying with the minimum acreage requirements, the acreage of a parcel that is designated on the Future Land Use Map as “Extractive” shall be utilized for measurement. If a portion of a parcel is so designated as “Extractive,” only that portion of the parcel shall be utilized for mining.

7. Screening

a. Mining activities which are conducted within one-thousand

(1,000) feet of a County or State maintained public road, residential structure, permanent building or public park shall be screened from view.

4-39 OA-11-07 June 12, 2012 Chapter Four – Development Applications

1) A planted vegetation buffer meeting the standards of this LDC must be maintained. A berm eight (8) foot in height, that meets the following standards may be incorporated into a vegetated buffer where existing native vegetation is lacking. Native vegetation of no less than one hundred (100) feet in average depth may substitute a planted buffer, provided such buffer provides the equivalent of a Type “D” enhanced buffer. Such buffer may be bisected by natural or manmade features such as wetlands or access roads. a) For any earthen berms approved hereunder, the toe of

the slope nearest the public road shall be at least fifty (50) feet from the road right-of-way.

b) All earthen berms shall be constructed with slopes not steeper than four (4) horizontal to one (1) vertical in order to permanently support ground cover without any noticeable erosion. Promptly after construction, berms shall be permanently vegetated to present an attractive appearance and prevent soil erosion.

c) No berms shall be approved for use as screening hereunder which would be located within FEMA flood hazard area or FEMA floodway, or in any other location which would interfere with natural drainage or which would exacerbate downstream flooding.

2) On a case by case basis, the County may allow the use of other methods of buffering where the maintenance of a vegetated buffer is impracticable or impossible. Such other methods shall be limited to construction of a fence of at least ten (10) feet in height or construction of an earthen berm without the vegetative buffer plantings. Any fence or earthen berm shall be sufficient to ameliorate sound effects and shall achieve one-hundred (100) percent visual opacity to a minimum height of at least ten (10) feet. Berms must meet the standards specified above.

b. A vegetative buffer meeting the planting standards of a Type “D”

enhanced buffer, fifty (50) feet in width, eight (8) feet in height, and 75% opacity within two years of issuance of the mining permit shall be maintained along all property lines not previously addressed in this section. Native vegetation equivalent to the planting and fifty (50)-foot depth of a Type “D” buffer may substitute for a planted buffer.

c. All screening as required hereunder shall be maintained in a

condition sufficient to satisfy the requirements stated herein for the duration of the mining activity.

4-40 OA-11-07 June 12, 2012 Chapter Four – Development Applications

8. Setbacks

a. Except for buffers, berms, fences, access drives, on-site utilities

(including stormwater), monitoring wells and wildlife relocation activities, all activities for mining shall maintain the following setbacks:

Limestone/

dolomite/ phosphate

Other materials

Public road rights-of-way, recorded road easements and rights-of-way that provide for public access.

200 ft. 100 ft.

Permanent buildings 500 ft. 500 ft. Public parks, preserves or conservation areas with public amenities such as facilities structures or improved trails within 100 foot of a mine boundary

500 ft. 500 ft.

Residentially committed properties* 1,000 ft. 500 ft.

Residentially committed properties served by an FDEP permitted community water supply system. Such system shall extend to all residential homes and properties within 1,000 feet of the mine perimeter boundary.

200 ft. 200 ft.

All other property lines 150 ft. 50 ft. *Reducible if the owner of the protected property(ies) executes an expressed written consent recorded in the public record against the residential property.

b. Setbacks established by the approved mining permit shall be

clearly marked prior to initiation of any active phase of mining. Such markers shall remain until mining activities are concluded.

c. The area of excavation or associated earthworks is set back not

less than two hundred (200) feet from the nearest property line unless specifically authorized as a condition of approval assigned by the County.

d. The permittee under any mining permit issued hereunder shall

also comply with any applicable setbacks established in, or required by, the County Comprehensive Plan, or any other regulatory permit required pursuant to Chapter 403, Florida

4-41 OA-11-07 June 12, 2012 Chapter Four – Development Applications

Statutes, and Section 404 of the Clean Water Act. In all cases the most restrictive setback will apply.

e. The Board of County Commissioners may allow reduced

setbacks in the context of a Planned Unit Development approval provided: 1) The reclamation plan indicates how access will be made to

future development; 2) The reclamation plan indicates that the setback area will not

be developed after restoration; or 3) A closer setback will not be injurious to other property

owners and the mining owner or operator agrees to fence the mining site nearest private property under separate ownership if deemed necessary by the Board of County Commissioners.

9. Surface Waters and Wetlands: No alteration of wetland areas shall

occur except where necessary to make reasonable extractive use of the property. Alteration of wetlands shall be in accordance with Federal, State and County regulations.

a. New and expanded mines proposing impacts to wetlands and

surface waters must be approved by the Board of County Commissioners as a PUD application.

b. Excavation will not be conducted within jurisdictional wetlands

unless a permit has been issued by the appropriate Federal, State or Regional agency (a copy of such permit shall be included with the Master Mining Plan or Mining Permit application).

c. Jurisdictional wetlands, lakes, ponds, canals and other water

bodies must be shown on site plans and master mining plans.

d. Wetlands, lakes, ponds, canals and other water bodies shall be protected from the adverse effects of development by compliance with applicable requirements of the U.S. Army Corps of Engineers, the FDEP, and the SWFWMD.

e. No mining shall be allowed within five-hundred (500) feet of the

ordinary or mean high water line of any Outstanding Florida Water.

f. A minimum seventy-five (75) foot undisturbed buffer shall be

maintained in all areas adjacent to perennial rivers, streams and creeks. A minimum thirty-five (35) foot undisturbed buffer shall

4-42 OA-11-07 June 12, 2012 Chapter Four – Development Applications

be maintained around all jurisdictional wetlands, except where said wetlands are permitted to be impacted and mitigated in compliance with all State and Federal permitting requirements.

g. No alteration of the buffer shall be permitted, including

destruction of existing vegetation or alteration of the natural topography.

h. Mining operations shall not result in any significant off-site

increase/decrease in surface water levels. Significant shall be defined as a 10 percent (10%) or greater change from the baseline established in the geotechnical report, unless otherwise addressed by a State rule or permit.

10. Traffic Circulation: Unless specified otherwise in the mining permit,

the following requirements shall apply to new and expanded mines:

a. A parking area large enough to accommodate all transport vehicles used for the mining operation shall be provided on site unless alternative transportation method is used (e.g. barge). The parking area shall be accessible prior to hours of operation. Trucks, other vehicles, or other equipment used to conduct mining operations shall not stand or park on public road rights-of-way.

b. Any road connection to any public road is to be constructed and

maintained to the standards of the County or FDOT, whichever has jurisdiction.

c. The accumulation of materials and water shall be prevented or

minimized to the standards of the County or agency having roadway jurisdiction. Upon notice from any authority having jurisdiction the mine owner/operator shall promptly correct such condition, at his expense.

d. All access roadways must be paved up to the boundary of the

subject property. Access for new extractive districts shall be specifically limited to collector or arterial roadways which shall not pass through any residential neighborhood. All roadways within the facility shall be stabilized and maintained. Paved access connections must: 1) Satisfy the minimum street construction standards specified

in the LDC; and 2) Be constructed to a minimum throat depth of 300 feet on the

subject property.

4-43 OA-11-07 June 12, 2012 Chapter Four – Development Applications

11. Reclamation Standards: Mining operations will be subject to reclamation. Unless specified within an ERP, reclamation shall be subject to the following reclamation standards. The Board of County Commissioners may modify these standards as a condition of approval when in the public interest, or where they determine a particular requirement unnecessary due to unusual circumstances. These conditions are not intended to conflict with the wetland permitting requirements of the U.S. Army Corps of Engineers, FDEP or SWFWMD. If differences exist, adjustments necessary to resolve the conflicts are acceptable for review.

a. All disturbed areas of the subject property must be revegetated

within twenty-four (24) months after completion of operations in the mining unit or phase, or within twenty-four (24) months after the cessation of excavation activity.

b. Reclamation must be completed within 24 months or within the

time specified within the ERP.

c. Reclamation must be completed along the perimeter of excavations below the water table. 1) Water areas shall have a diversity of shallow and deep areas

within littorial shelves to enhance lake productivity for fish and wildlife.

2) Subaqueous slopes shall be no steeper than four (4) horizontal to one (1) vertical out to four (4) feet below the dry season water table within littorial shelves.

3) A minimum of 25 percent of the post construction lake (mine) perimeter length is required to have planted a littoral shoreline. The littoral shelf must be a minimum of 10 feet wide. Reclamation shall compliment post mine uses.

4) Reclamation shall improve water quality and create wildlife habitat.

5) Littoral plants must meet the standards of the LDC unless otherwise stated within the ERP. If applicable, organic soils from impacted wetlands on site shall be used in creation of littoral shelf area.

6) The littoral shelf must be protected from impacts during and after mining.

d. Disturbed land areas not less than three (3) feet above the

original ground elevation, must be graded to a level, gently rolling, sloping or terraced topography, with slopes no steeper than four (4) horizontal to one (l) vertical and in a way to minimize erosion due to rainfall, break up long uninterrupted slopes and make the surface suitable for vegetation. Vegetation

4-44 OA-11-07 June 12, 2012 Chapter Four – Development Applications

shall be appropriately planted to prevent erosion and promote the future land use of the reclaimed area.

e. Additional reclamation requirements may be specified by the

County in the mining permit.

12. Reporting Standards and County Monitoring: In order to establish baseline conditions and to evaluate compliance with applicable environmental standards during the course of mining activities, the mine operator, in conjunction with the property owner must provide a Biennial Mining and Reclamation Report that establishes and maintains an environmental monitoring program. Said report shall commence not less than one year prior to submission of an application for Master Mining Plan approval and shall continue until all reclamation efforts for the mine have been approved by the Director.

The environmental monitoring program for mining activities as established by the Planned Unit Development shall be established in connection with approval of a Master Mining Plan application. In such approval, the analysis methods, reporting requirements and related characteristics of the monitoring program shall be subject to the determination of the Board of County Commissioners that they provide for effective and efficient evaluation of the environmental effects of the associated mining activity.

a. Biennial Mining and Reclamation Report Standards: The

biennial Mining and Reclamation Report shall contain the following: 1) All current Federal, State, and Regional permits shall be

listed. Permit revisions requested or received since the last reporting period shall be summarized.

2) A report on the status of any enforcement actions or investigations.

3) A biennial monitoring summary which shall include reports on the results of all required surface and ground water monitoring programs and air emission monitoring.

4) A summary of any release of hazardous or toxic waste, hazardous material, pollutants, or other regulated materials in excess of established minimum quantities.

5) Signed and sealed topographic surveys that provide the depth of the mine.

6) The status of all reclamation conducted. 7) The status of all reclamation permits or authorizations which

are currently being sought from any regulatory agency.

4-45 OA-11-07 June 12, 2012 Chapter Four – Development Applications

b. Report Submittal: All required reports, including geotechnical, water quality and quantity monitoring, and biennial report shall be submitted to the County electronically in a format approved by the Department. All reports shall be signed and sealed by a Professional Engineer or Geologist as appropriate.

c. File Management: The County shall maintain copies of all

required reports for at least 10 years.

d. Funding of County Mine Monitoring: The mine operator together with the property owner is responsible for payment of costs to review and monitor all required reports, including geotechnical, water quality and quantity monitoring, and biennial reports. A fee schedule shall be adopted by the Board of County Commissioners resolution and reviewed every three (3) years.

13. Compliance

a. Any violation or failure to conduct mining operations in a manner

which is consistent with the requirements stated herein shall constitute both a violation of the mining permit or other authorization and a violation of the County Land Development Code.

b. Failure to comply with these regulations or any orders,

stipulations or requirements of the mining permit shall constitute grounds for suspension or revocation of the mining permit by the Department.

c. The County shall recover all administrative costs associated

with investigation and prosecution of violations of this section and shall impose penalties to achieve compliance therewith. Nothing in this section shall prevent the County from taking any legal action necessary to compel compliance with the requirements provided herein.

4900. GROUNDWATER AND WELLHEAD PROTECTION

A. Purpose and Intent

Groundwater protection standards are intended to safeguard the health, safety, and welfare of the citizens of Citrus County. Availability of adequate dependable sources of good quality water for domestic, agricultural, and industrial use is of primary concern to the future development of the County. The Floridan aquifer underlying the County

4-46 OA-11-07 June 12, 2012 Chapter Four – Development Applications

lacks a clay overlayer (unconfined) so is particularly vulnerable to contamination by chemical, physical, biological, or radiological substances in concentrations that are, or reasonably may be, harmful to plants, animals, or humans and to the potability and beneficial use of groundwater resources. Toxic substances such as solvents, cleaning fluids, oil, and gasoline as well as wastewater and stormwater are of primary significance. Therefore, requirements are described in this section with the intent of protecting the aquifer from introduction of contaminants into the groundwater. In particular, protection of the quantity and quality of potable water supplies is of special concern and shall be implemented through designation of wellhead protection areas (WHPA) and regulation of development in and adjacent to these areas.

B. General Regulations

1. WHPAs supplying public water systems as defined in Chapter 62-

550.200(70) , F.A.C., shall be established around major wellheads with consumptive use permits (CUP) allowing withdrawal of 100,000 gallons per day (GPD) or more.

2. A Major Wellhead Permit shall be required prior to commencement of

development of any major wellhead. Prior to commencement of development, the wellfield shall comply with the Conditional Use procedure of this LDC that is additionally subject to a public hearing and final approval by the Board of County Commissioners. In addition, a permit shall be required when the originally permitted withdrawal rate of any existing well or wellfield is increased to a rate in excess of an average of 100,000 GPD or additional increments of 100,000 GPD thereafter. In addition to the standards of this Section, Conditional Use applications shall include and shall be subject to the following:

a. An inventory of all existing wells within a 500-foot radial setback

distance around the proposed wellhead.

b. An inventory of all wetlands and/or surface bodies of water within five miles of the proposed wellfield.

c. A hydrologic analysis by an engineer registered in the State of

Florida and trained in the field of hydrology and/or hydrogeology addressing the following: 1) Local impact on the surficial and Floridan aquifer by the

proposed withdrawal; 2) Anticipated impacts on all wells within a 500-foot radial

setback distance around the proposed wellhead;

4-47 OA-11-07 June 12, 2012 Chapter Four – Development Applications

3) Anticipated impacts on all wetlands within a five mile radius; and

4) Potential occurrence of sinkholes within a 500-foot radial setback distance around the proposed wellhead.

d. When withdrawal of water is proposed for pumpage outside the

region, the following additional analysis must be provided: 1) The receiving community must demonstrate it has exhausted

all legally available alternative sources including, but not limited to desalinization, reverse osmosis, effluent reuse, and mandatory conservation measures.

2) A detailed study of the proposed impacts to water resources must demonstrate that the proposed pumpage will cause no adverse environmental and/or economic impacts or the impacts can be mitigated through practices including, but not limited to the rehydration of wetlands and recharge areas within the region.

3. Wellhead protection areas shall consist of two concentric circular

zones centering on an individual wellhead. A Zone of Exclusion with a radius of 200 feet shall be established to protect wells from unexpected contaminant releases and is required to be under ownership or equivalent control of the wellhead operating authority. A larger wellhead protection area, consisting of the greater of a 500-foot radial setback distance or the 5 year time of travel zone distance, around the proposed wellhead must also be established and controlled as per F.A.C. 62-521.200.

4. Management and control of activities within the Zone of Exclusion of the well or wellfield site shall be the responsibility of the person holding title or controlling the land within the Zone of Exclusion. Discharge of contaminants is prohibited within the Zone of Exclusion.

5. The following uses are prohibited:

a. Sanitary landfills.

b. Industrial landfills or other surface impoundments.

c. Wastewater treatment facilities NOT required to install FDEP

contaminant monitoring wells, and meet requirements on F.A.C. 62-521.400.

d. Commercial or industrial users of materials defined as a

Regulated Substance in the Florida Statutes and/or Florida

4-48 OA-11-07 June 12, 2012 Chapter Four – Development Applications

Administrative Code, unless served by approved wastewater treatment facilities.

e. Facilities for bulk storage, handling, or processing of materials of a

Regulated Substance.

f. Junkyards or salvage operations.

g. Mines.

h. Airport refueling facilities.

i. Transportation facilities including railroads, arterial and collector roads, and pipelines that may be used to transport pollutants and contaminants.

j. Excavation of waterways or drainage facilities that intersect the

water table

C. Exemptions

The following types of wells shall be exempt from the requirements of Section 4900 of this LDC:

1. Water supply wells for commercial or industrial consumption.

2. Irrigation wells.

3. Wells for nonpotable water use.

4. Wells that service a single owner or entity for domestic consumptive

use.

5. Wellfields in existence prior to the effective date of this LDC and wellfields provided for in previously approved Development of Regional Impacts (DRIs).

D. Standards

1. Areas designated as major WHPAs shall be identified by reference to

United States Geological Survey Maps and by an official map of the County available at the Department of Planning and Development showing the location of all major wellheads and their wellhead protection area.

4-49 OA-11-07 June 12, 2012 Chapter Four – Development Applications

2. An applicant must provide evidence of ownership or control of the property including, at a minimum, the Zone of Exclusion.

3. Upon approval of the establishment of a WHPA, the Department of

Planning and Development shall notify all owners of property located within any WHPA of the limitations imposed on use of said lands.

4. No County agency shall approve a development order for and

development that is located, wholly or in part, within a WHPA without clearance and approval of the Department of Planning and Development. The Department of Planning and Development may refer to the permitting authority of any State or regional agency having jurisdiction over and regulating discharges of contaminants.

5. After the effective date of this LDC, discharge directly or indirectly of

contaminating substances shall be prohibited in accordance with F.A.C. 62-521.400, including, but not limited to: treated or untreated wastewater, stormwater leachate, leachate from solid waste facilities, or leaked products from construction or operation of an installation. The following uses shall be exempt from regulation under this section:

a. Single family residential onsite wastewater disposal facilities.

b. Application of pesticides and fertilizers as part of normal

agricultural and commercial practices in accordance with label and Department of Agriculture and Consumer Services rule. Stationary facilities such as bulk storage are not to be included as a normal agricultural practice.

c. Stormwater management systems constructed under SWFWMD

permit and not discharging contaminants.

d. DRIs pursuant to the conditions of the local government development order.

6. After five years from the date of adoption of this LDC, any facility or

land use within a WHPA that is discharging, either directly or indirectly, to groundwater shall no longer discharge to groundwater unless the discharge meets standards described in Chapter 62, FAC (FDEP).

4910. OUT OF REGION EXPORT FROM EXISTING WELLFIELDS

A. The conversion or expansion of service from an existing wellfield(s) to provide water outside the Withlacoochee Regional Water Supply

4-50 OA-11-07 June 12, 2012 Chapter Four – Development Applications

Authority's (WRWSA) service area shall comply with the Conditional Use procedures of this LDC and obtain an administrative development order approval.

B. In addition to the standards of the LDC, a Conditional Use application for

export of water outside the region shall be subject to the provision of Section 4900. of this LDC. The Conditional Use application shall be additionally subject to a public hearing and final approval by the Board of County Commissioners.

C. As part of the submittal for conditional use, a comprehensive study must

be submitted that demonstrates that there will be no adverse economic, ecological, or environmental impacts to the source area. The study must also demonstrate that the receiving community has exhausted all available alternative local sources including, but not limited to, the following:

1. Desalinization.

2. Reuse of reclaimed water.

3. Aquifer storage and recovery.

4. Implementation of other possible conservation and demand

management measures by the receiving community. 4915. SITE GRADING PERMIT

A site grading permit can be issued for any lot of record, residential or commercial. The applicant shall provide a site boundary survey, proof of ownership, existing elevations on the site (Publicly available elevations and contours are acceptable), and proposed grading plan showing proposed elevations. Any water bodies, wetlands, sinkholes, extraction pits, or any other environmental designated area on or adjacent to the water body shall be shown on the plan. Site erosion and control methods shall be shown on the grading plan.

(Ordinance No. 2013-A08, Sections 4002., 4304., adopted April 23, 2013) (Ordinance No. 2016-A07, Sections 4003., 4400., 4500., 4600., adopted April 12, 2016)