§ 8.03.00. Protection of Resources.

8.03.01 Wetlands.

A.

Wetlands and upland buffers within a development project shall be placed in a conservation easement, to the extent allowed by law, which shall run in favor of and be enforceable by the County, other governmental agency or a qualified non-profit conservation organization.

1.

The conservation easement shall require that the wetlands remain in their natural and unaltered state.

2.

If such wetlands and upland buffer areas are not in a natural state due to the presence of invasive species, changes in hydrology, or the removal of natural vegetation, such wetlands and buffers shall be restored by the removal of invasive species, replacement/revegetation with suitable native species and restoration of natural hydrology to the greatest extent feasible.

B.

Platting of Wetlands.

1.

Wetlands and upland buffers shall not be included as part of any platted lot and shall be shown on the plat as a common area, which shall be deeded to the homeowners' association or the County at its option, for ownership and maintenance, except as provided below:

2.

Wetlands may be included in the platted lots for subdivisions which have no homeowners' association and which contain ten (10) lots or less.

3.

Wetlands between an upland lot and a water body may be included in the lot to allow the lot owner access to the water.

4.

Any isolated wetland of less than one acre may be included in a platted lot.

C.

Impacts to wetlands, including the depositing of fill, shall be prohibited within the GSACSC, except as necessary to provide for the following:

1.

Legal ingress or egress to developable upland areas;

2.

Water dependent uses and structures such as docks, platforms and pile-supported walkways or similar structures;

3.

Internal traffic circulation and for purposes of public safety, where other alternatives do not exist;

4.

Utility transmission and collection lines;

5.

Pretreated stormwater management facilities; or

6.

Mining that meets local, state and federal regulations.

D.

In those instances where dredge or fill activities are authorized, the applicant must demonstrate that:

1.

There is no other reasonable, practical or economical alternative; and

2.

Wetland connectivity and natural flow regimes will be maintained; and

3.

Without the dredge or fill activity the property owner will be deprived of reasonable and beneficial use of the property; and

4.

The developer can adequately mitigate for the dredge or fill activity as determined by the water management district, department of environmental protection or other agency having jurisdiction.

E.

Development shall be clustered away from the wetlands and conducted in a manner to protect the vegetation, habitat and the water storage, water quantity, water quality, and recharge functions of the wetlands to the maximum extent allowed by law.

F.

The water-retention and biological filtering capabilities of wetlands shall be protected, consistent with the Principles for Guiding Development.

8.03.02 River and Stream Crossings. New river or stream crossings shall be prohibited, unless required for site access. Any such crossings shall:

A.

Maintain navigability;

B.

Not impede natural flow of water; and

C.

Be properly permitted through County, State and Federal agencies.

8.03.03 Protection of Water Resources. Lake County shall protect surface and ground water resources associated with the GSACSC for the benefit of present and future residents of Lake County, and to maintain natural hydrologic regimes and biologic functions.

Development in the GSACSC shall minimize the adverse impacts to and protect the following as required in this Chapter other Chapters of these Land Development Regulations:

A.

Floridan Aquifer;

B.

Normal quantity, quality, and flow of ground and surface water;

C.

Water available for aquifer recharge;

D.

Normal supply of ground and surface waters;

E.

Water quality and quantity in the GSACSC in accordance with the Principles for Guiding Development within the GSACSC;

F.

Groundwater recharge areas. Protection of aquifer recharge areas in the GSACSC is required by the Principles for Guiding Development for the GSACSC;

G.

Stormwater management systems. Development activities within the GSACSC shall incorporate the principles and practices of Low Impact Development and shall meet or exceed the site alteration criteria contained within Rule 28-28.008 (7), Florida Administrative Code; and

H.

Flood detention areas and the natural flow regime of natural drainage basins.

8.03.04 Upland Buffers.

A.

Upland buffers adjacent to wetlands provide habitat for wetland dependent species, and assist in minimizing the deleterious effects of development adjacent to the wetland. All developments shall provide natural upland buffers (adjacent to those wetlands), which are to be preserved following development. The buffer shall meet the following requirements:

1.

A minimum of a 50-foot wide buffer requirement shall apply to isolated wetlands, non-isolated wetlands and rivers and streams, except where the required buffer makes a lot unbuildable, in which case a variable buffer may be allowed.

2.

Variable buffers shall have a minimum width of 25 feet and average width of 50 feet.

3.

Be in the location and dimensions approved by the County, unless a greater buffer is required by another agency having jurisdiction, in which case the greater buffer shall be required; and

4.

Buffers shall be determined to start landward from the mean high water line or jurisdictional wetland line, whichever is further landward.

B.

The jurisdictional wetland line shall be determined by a qualified person acceptable to the County, using a State-approved methodology adopted by Rule, and which shall be subject to field verification and approval by the agency exercising jurisdiction or the County, if necessary.

8.03.05 Natural Upland Plant Communities on a Development Site.

A.

Development proposals shall include or provide an inventory of the type and extent of natural upland vegetative communities if they occur on the development site. The survey shall:

1.

Be completed by a qualified biologist;

2.

Include a survey of plant and wildlife populations;

3.

Indicate the presence of any designated species; and

4.

Utilize a professionally accepted methodology approved by the County in consultation with the appropriate agency having jurisdiction.

B.

Development impacting two (2) acres or more within the GSACSC shall be required to submit a detailed environmental assessment, which includes the following information:

1.

Identify surface waters or wetlands (isolated or non-isolated), to be delineated by a jurisdictional wetland line;

2.

Identify upland communities according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), include S2 or S3 ratings;

3.

Identify threatened, endangered, or species of special concern by the Florida Fish and Wildlife Conservation Commission (FFWCC) and the US Fish and Wildlife Service; and

4.

Inventory of any wildlife corridors identified by the FWCC, Florida Department of Environmental Protection, Florida Natural Areas Inventory, and /or East Central Florida Regional Planning Council and corridors important for wildlife movement that have been identified by the County or other agency having jurisdiction.

C.

A minimum of 50 percent of protected upland plant communities identified on the site shall be preserved.

D.

Protected uplands shall be counted toward satisfying any open space requirements.

E.

Connectivity shall be maintained among protected upland areas to the greatest extent possible.

(Ord. No. 2013-64, § 3, 12-17-13)