§ 8.01.00. Development.
8.01.01 Development Permits. Any development undertaken in the Lake County portion of the Green Swamp Area of Critical State Concern shall require a development permit as defined in 380.031, F.S., including, but not limited to, any change in zoning, plat approval, variances to these regulations, and conditional use permits. The applicant for a development permit shall submit a master land use plan as specified below.
A.
The applicant shall have the affirmative burden of establishing that the proposed project and supporting data meets the requirements and objectives of this Chapter.
1.
Master land use plan requirements. For all applicants for permits, except those exempted herein, a master land use plan shall be required and shall include, but not be limited to, the following:
a.
A description of the scope of the proposed development, which shall include all requirements for a site plan as specified in Chapter XIV of these Land Development Regulations.
b.
Maps of the site from a registered professional engineer or geologist, or soil conservation survey which shall include:
(1)
A soil analysis prepared by a professional engineer or geologist registered in the State of Florida or the U.S. Natural Resources Conservation Service.
(2)
The topography in not more than one (1) foot contours in the wetlands and two (2) foot contours in the uplands.
(3)
The current 100-year floodplain areas, designations, and elevations.
c.
A statement by a registered professional engineer or geologists indicating expected changes in the quality and quantity of ground water discharge and artisan aquifer recharge of the site before, during, and after development and specifying any measure necessary to approximate existing quality and quantity in surface and ground waters.
d.
A statement or assessment by a registered professional engineer that drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond of performance equivalent structure or system, either on-site or to a natural retention or natural filtration and flow area.
2.
Exemptions. A master land use plan shall not be required in the following instances:
a.
The modification of an existing single-family dwelling unit.
b.
Construction of a single-family dwelling unit or addition to a single-family dwelling unit that is not part of a common plan of development.
c.
Detached ancillary structures to a single-family dwelling unit.
8.01.02 Development Requirements. Development within the GSACSC shall meet the following requirements:
A.
Use water conservation devices and practices as required in the Code and other Chapters of the Land Development Regulations.
B.
Provide assurances that all of the services needed to support that development are in place concurrent with the impacts of the development, including but not limited to roads, fire, police and schools.
C.
Cluster development away from environmentally sensitive lands. Cluster development shall be configured to preserve connections to existing environmentally sensitive lands to the greatest extent practical.
D.
Provide a wetland assessment for all development, based on site verification. The purpose of which is to maintain the integrity of wetland systems.
E.
Retain all stormwater on site or located in the same area of recharge. Stormwater management systems shall be designed using Low Impact Development principles and practices.
F.
Retain the first three inches (3") of runoff for projects located in most effective recharge areas (Type "A" Hydrologic Soil Group). Alternatively, the applicant may demonstrate that the post-development recharge will be equal to or greater than the pre-development recharge, which is stormwater that is retained such that the storage volume is recovered within 14 days following a storm event. The applicant shall submit storm water calculations, based on a 25-year storm event, completed by an engineer licensed in the State of Florida, indicating that the first three inches (3") of runoff is retained or that the alternative is met.
G.
A study of listed species is required for all proposed development, based on site verification. If it is determined that listed species are located on the site, a habitat management plan must be prepared and implemented using guidelines and criteria of the Florida Fish and Wildlife Conservation Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS). This plan must be reviewed by the appropriate agency (FFWCC or USFWS) prior to commencement of development.
H.
Septic tanks shall be regulated in accordance with the specific requirements for the GSACSC set forth within these regulations, the Comprehensive Plan and state law.
I.
Dark skies shall be preserved through requirements as stipulated in the ordinance permitting the development on the site or as a requirement of the site plan.
J.
Maintain, enhance and protect corridors for wildlife movement in coordination with adjacent properties, by linking wildlife management areas and parks, buffering small wildlife populations, or other approved methods to facilitate daily or seasonal wildlife movement.
K.
Minimize site disturbance and alteration of terrain, through use of design techniques that protect native vegetation and minimize earth movement such as reduced lane widths, stem-wall construction, and swales.
L.
Protect common open space, wetlands and other natural features in perpetuity by conservation easement or similar recorded and legally binding instrument, as allowed by law.
M.
Improve and protect the rural character along roadway corridors, by providing a system of rural roads intended to provide access to widely spaced home-sites and farms with substantial building setbacks from adjoining roadways, reducing road congestion, limiting the capacity of all new County roads to no more than two (2) travel lanes, and other approved methods.
N.
Use of Best Management Practices for native landscaping and "right plant-right place" landscaping techniques to provide compatibility with the natural environment and minimize the use of chemicals, pesticides, and water for irrigation. No invasive exotic plant species shall be used in landscaping.
O.
Implement water conservation techniques, including the limitation of overhead irrigation, with the exception of low-volume irrigation such as drip or micro-irrigation systems, and areas used for vegetable gardens.
P.
Enhance the rural character of the project and surrounding area by using, but not limited to, the following methods: reducing urban sprawl, providing conservation areas, providing commercial and civic uses in the scale and scope of the rural area, and encouraging owners to keep large areas in a natural or open state.
8.01.03 Development Review Criteria.
A.
Principles for Guiding Development within the GSACSC. In order to effectively and equitably conserve and protect its environmental and economic resources, a land and water management system shall be provided to protect resources, and facilitate orderly and well planned growth. The following shall be protected, improved, or adverse impacts shall be minimized as provided in this Chapter and other Chapters of these Land Development Regulations:
1.
Floridan Aquifer, wetlands and flood detention areas;
2.
Normal quantity, quality and flow of groundwater and surface water;
3.
Water available for aquifer recharge;
4.
Functions of the Green Swamp Potentiometric High of the Floridan Aquifer;
5.
Normal supply of ground and surface water.
6.
Existing ground and surface water quality.
8.
Water-retention capabilities of wetlands.
9.
Biological-filtering capabilities of wetlands.
10
Natural flow regime of drainage basins.
11.
Design capacity of flood detention areas and the water-management objectives of these areas through the maintenance of hydrologic characteristics of drainage basins.
B.
Review Criteria.
1.
Site Alteration. Site alteration shall:
a.
Maintain or improve the natural surface water flow regime;
b.
Maintain or improve the natural recharge capabilities of the site;
c.
Prevent the siltation of wetlands, maintain or improve the natural retention and filtering capabilities of wetlands, and adhere to the following standards:
(1)
Provide for water retention consistent with the requirements provided in the Land Development Regulations.
(2)
Stormwater management systems shall be designed according to Low Impact Development principles and practices over conventional systems as follows:
(a)
Soils. All soils exposed as a result of site alteration or development activities shall be located and stabilized in a manner to prevent erosion, compaction of soils in undeveloped portions of the site and the alteration of natural flow regimes.
(b)
Groundwater. Groundwater withdrawal shall not result in a reduction of the minimum flows and levels per acre as determined by the St. John's River Water Management District or the Southwest Florida Water Management District, or their successor agencies.
(c)
Stormwater. Pre-treated stormwater runoff shall be released into wetlands in a manner approximating the natural flow regime if consistent with the stormwater management section of these regulations.
(d)
Industrial and Sewage Waste. Any industrial waste of an existing use, sewage, or other human-induced wastes shall be effectively treated in conformance with Florida Department of Environmental Protection rules and regulations.
(e)
Structures. Placement of structures shall be in compliance with the Flood Disaster Protection Act of 1973 and compliance with the Lake County Floodplain Management Regulations so that the natural flow regime will be maintained.
(f)
Site disturbance. Site alteration, clearing of natural vegetation and soil compaction shall be minimized through open space preservations and clustering.
2.
All development in the GSACSC shall conform to the regulatory guidelines and objectives outlined in the Principles for Guiding Development within the GSACSC, as described in 8.01.02.
3.
Commencement of development may not occur until all applicable county, state or federal permits are obtained.
8.01.04 Future Land Use Categories within the Green Swamp Area of Critical State Concern. The following Future Land Use Categories are applicable only in the GSACSC; if the existing zoning district on a parcel is not consistent with the Future Land Use Category or the type of development proposed, the parcel shall be rezoned to the appropriate zoning district, prior to development approval. If the zoning district and Future Land Use Category regulations (such as, but not limited to, density, intensity, I.S.R, open space, building height, etc.) conflict, the most stringent shall apply.
Table 8.01.04 Future Land Use Categories FUTURE LAND USE CATEGORY (A) (D) DENSITY (A) (B) (C) (D) F.A.R. (INTENSITY) (A) (B) (D) I.S.R (A) (D) OPEN SPACE (A) (D) BUILDING HEIGHT (A) (D) (E) Green Swamp Ridge 4 d.u./1 acre 0.25 to 0.35 0.45 40% 40 ft. Green Swamp Rural 1 d.u./5 acres NS 0.20 to 0.30 Min. 60% 40 ft. Green Swamp Rural Conservation 1 d.u./10 acres NS 0.20 Min. 80% 40 ft. Green Swamp Core Conservation 1 d.u./20 acres NS 0.10 Min. 90% 40 ft. Abbreviations: F.A.R =Floor Area Ratio I.S.R =Impervious Surface Ratio NS = Not Specified d.u. = Dwelling Unit Min. = Minimum ft. = Feet Notes:
A.
Should there be any discrepancy between entries in this summary table and the more detailed text of the Comprehensive Plan, the text of the Goals, Objectives and Policies of the Comprehensive Plan shall control.
B.
All density and intensity standards refer to net density or net buildable area, which excludes wetlands and water bodies.
C.
Within the GSACSC only one (1) additional dwelling unit may be built within the net buildable area of a parcel for every twenty (20) acres of wetlands on the subject parcel.
D.
Please refer to the specific policies within the 2030 Comprehensive Plan pertaining to each Future Land Use Category for detailed information.
E.
Height limitations do not apply to structural appurtenances such as spires, steeples, chimneys, radio towers, antennae, or similar structures in residential areas, unless otherwise addressed specifically in the Land Development Regulations. Height limitations do not apply to silos, windmills, water towers, or similar structures in agricultural areas. Height limitations do apply to mechanical systems and screening walls, parapets or other roof treatments on commercial buildings.
8.01.05 Mining within the Green Swamp Area of Critical State Concern.
A.
Sand mining is an allowed use within the GSACSC.
B.
All mines shall meet all requirements of the Mining Section within these Regulations.
8.01.06 Small-Scale Sporting and Recreational Camps. Small-scale sporting and recreational camps shall be comprised of an area not to exceed 20-developed acres (excluding areas maintained in their natural state) and shall meet all of the following requirements:
A.
To the extent feasible, the development shall be clustered in one area. Cluster development shall be configured to preserve connections to existing environmentally sensitive lands to the greatest extent practical.
B.
Improved roads on the property that are used to access the Small-scale Sporting and Recreational Camp area shall only be used for ingress or egress to the site.
C.
The undisturbed areas of the site that are maintained in their natural state shall be used for passive recreation, conservation, and agricultural uses only.
D.
All development requirements, development review criteria and principles for developing within the GSACSC shall apply.
E.
The applicant shall submit an impact statement demonstrating how the proposed development is consistent with each of the Principles for Guiding Development.
F.
Outdoor uses involving lakes or surface waters shall only use approved points of entry.
G.
Wetlands shall be flagged with signage and no vehicle or development shall be allowed within wetlands or the 50-foot wide upland buffer surrounding the wetlands.
H.
The parcel must either front on a publicly-maintained road or an easement that is within 1320 feet of a publicly-maintained road. If the parcel fronts on an easement, it shall be a public easement and accessible by emergency vehicles.
I.
Parking shall be located on site and to the greatest extent possible the parking area shall be grassed or pervious surface.
J.
Development, excluding approved special events, shall not exceed the annual average daily vehicle trip generation that would occur under the maximum residential dwelling units allowed for the subject land use category, the average daily trip rate per dwelling unit is 9.57.
K.
The number and type of any vehicles used as an integral part of camp activities shall be specified in the zoning ordinance, along with any other restrictions on usage of the vehicles.
8.01.07 Roads within the Green Swamp Area of Critical State Concern.
A.
To help preserve and protect the Green Swamp as a natural resource of critical state and regional importance the County shall limit the capacity of all County-maintained roads within the Green Swamp to no more than two (2) travel lanes.
B.
New public roads shall not be constructed in the Green Swamp Rural, Green Swamp Rural/Conservation, and Green Swamp Core/Conservation future land use categories.
8.01.08 Location of Schools. School facilities within the GSACSC shall only be permitted within the Ridge Future Land Use Category.
8.01.09 Aviation Facilities.
A.
New airport and airstrip facilities shall be subject to conditional use approval and shall be limited to:
1.
Private residential uses, and
2.
No more than three (3) aircraft based at the facility.
B.
Existing airports and airstrips, serving more than three (3) aircraft as of May 25, 2010, may expand, subject to conditional use approval.
C.
New runways or expansions to existing runways shall be unpaved and the total runway shall be limited to 4,000 feet or less.
D.
New or existing runways shall not count towards open space requirements.
E.
Aviation facilities shall comply with all federal and state regulations, including Federal Aviation Administration and Florida Department of Transportation rules and regulations.
8.01.10 Septic Tank Provisions. For all development in the GSACSC that proposes the use of a septic tank, the following shall apply:
A.
A permit approved by the Department of Health in Lake County (DOH-Lake) or Department of Environmental Protection, is required for the use of a waste water system prior to issuance of certificate of occupancy. The DOH-Lake may issue a septic tank permit provided the location of the septic tank and drainfield comply with these regulations and the Lake County Comprehensive Plan.
B.
Development proposing the use of septic tanks shall provide an average of one (1) acre of upland area per septic system, which may include private lots and common areas. Individual lots must be of sufficient size and shape to accommodate the proposed structures, including septic tank and drainfield, without any part encroaching into the floodplain or any required septic tank setback.
C.
All septic tanks and drainfields shall provide a 100-foot setback from the furthest upland extent of any wetland or waterbody, with the following exceptions:
1.
For development on lots legally created on or before March 2, 1993, as well as lots located in a subdivisions listed below, which cannot meet the one hundred (100) foot setback requirement and would otherwise be deemed unbuildable, an administrative adjustment may be granted by the County Manager or designee to allow the placement of the septic tank and drainfield, if all of the following are met:
a.
The application of the 100-foot setback would result in the inability to develop the lot with a typical single-family residence.
b.
The location of the septic tank and drainfield shall be located to have the least impact on surface waters and wetlands.
c.
Adjustments to the wetland setbacks for septic tank and drainfields shall be allowed on a case-by-case basis.
d.
The adjustment shall be granted only to the maximum extent necessary to provide a reasonable beneficial use of the lot.
D.
In those instances where a wetland is considered by the DOH-Lake to also be the same as the mean high water line of surface water, the DOH-Lake variance process established pursuant to the Florida Statutes shall substitute for the County administrative adjustment process.
Table 8.01.10 — Septic Tank and Drainfield Subdivision List Subdivision Name Date Recorded Beula Heights April 24, 1925 Bowman Realty Co. November 22, 1913 Cypress Walk April 21, 1982 Edges Subdivision November 10, 1922 Empire Acres May 15, 1986 Graceland May 6, 1987 Greater Groves Phase 1 September 25, 1991 Greater Groves Phase 2 July 29, 1992 Greater Groves Phase 3 January 11, 1994 Groveland Farms September 26, 1911 Grovella Park January 18, 1926 Lake Nellie Oaks July 9, 1991 Lake Glona Shores February 21, 1989 Lake Kirkland Shores August 11, 1987 Lake Louisa Park June 14, 1974 Lake Monte Vista June 12, 1988 Lake Susan Homesites January 30, 1959 Lake Susan Outlook June 21, 1989 Lancaster Beach January 10, 1952 Little Acres April 5, 1926 Monte Vista Park Farms February 13, 1914 Murcott Hill April 12, 1978 Pine Island/Watson's Sub. December 18, 1924 Pine Island Estates January 8, 1992 Postal Colony February 15, 1926 Postal Groves March 29, 1927 Postal Groves Replat December 2, 1929 Quail Lake July 22, 1988 Skiing Paradise Phase 1 December 2, 1988 Skiing Paradise Phase 2 July 30, 1991 Tropical Winds March 23, 1976 Trustee's Subdivision October 10, 1983 Westchester Phase 1 August 9, 1994 E.
At least once every five (5) years, every lot owner with one or more septic tanks in the GSACSC shall have all septic tanks cleaned and inspected in accordance with the requirements of the DOH-Lake. Lake County shall coordinate with the DOH-Lake; the DOH-Lake will require that the septic tank be cleaned, that the mound, drainfield and septic tank system be in good working order and in compliance with the standards of Chapter 64E-6, F.A.C., along with meeting the following requirements:
1.
As necessary, a fee to be paid by lot owners shall be assessed to cover the costs of administering the inspection program.
2.
The lot owner shall make all repairs that are necessary to bring the septic tank system into compliance with all the requirements hereof.
3.
The developer or owner shall disclose the above conditions to the purchaser of the lot by including them in the sales contract or deed.
4.
In the event that the DOH-Lake does not receive proof that the septic tank has been cleaned and inspected within the appropriate time frame, the Lake County Code Enforcement Special Master shall have authority to enforce these regulations.
8.01.11 Flood Insurance Study Requirements.
A.
A detailed flood insurance study, which shall be used to map more precisely the extent of the 100-year floodplain, shall be performed in accordance with the Guidelines and Specifications for Flood Hazard Mapping Partners and required for the types of developments shown below:
1.
Subdivision proposals and other proposed development, including proposals for manufactured home parks, which have:
a.
Five (5) acres or more of development in the 100-year floodplain, or
b.
Contain fifty (50) lots or more in the 100-year floodplain.
2.
If existing subdivisions are proposed for replatting, the replatted portion shall be required to comply with this requirement if the replatted portion meets the 5-acre or 50 lot criteria.
3.
Individual phases of a development that meets the 5-acre or 50 lot criteria are not exempt from this requirement.
4.
The construction of a single-family residence on a parcel of land containing five (5) or more acres which is not part of a subdivision or which is part of a subdivision in existence on September 22, 2011, is exempt from this requirement.
5.
Subdivisions which contain ten (10) lots or less and single-family residences built on such lots shall be exempt from these requirement.
8.01.12 Silviculture and Agricultural Activities. Agricultural and silviculture operations shall utilize and follow best management practices to reduce conflicts to the greatest extent possible.
(Ord. No. 2013-64, § 3, 12-17-13)