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Article 14
Environmental Standards
The purpose of this
Chapter is to reduce impacts of coastal lighting and beach obstructions on sea
turtles and prohibit the removal of sand from the beach/dune system. [Ord. 2009-040]
See Art. 1.H, Definitions and
Acronyms.
This Chapter shall
be known as the PBC Sea Turtle Protection and Sand Preservation Standards. It
repeals and replaces PBC Ordinances No. 72-12, 78-20, 87-13, and 90-2.
A. All provisions of this Chapter
shall be effective within the unincorporated and incorporated areas of PBC, and
shall set restrictions, constraints, and requirements to preserve and protect
sea turtles, sea turtle habitat, and beach/dune sediments. Notwithstanding the
foregoing, incorporated areas that have a Sea Turtle Protection Ordinance
(STPO) shall not be subject to the provisions of this Chapter that pertain to
coastal lighting, and incorporated areas that have established a sand
protection zone to preserve beach/dune sediments shall not be subject to the
provisions of this Chapter pertaining to sand preservation. [Ord. 2011-001]
B. PBC funds for dune restoration
or shore protection projects in municipalities shall be contingent upon this
Chapter being fully enforced or the adoption and enforcement of an equally stringent
or more stringent ordinance by a municipality. Funding determinations shall be
based on ERM's review and acceptance or rejection of a municipality's
replacement ordinance, as well as a review of permits and variances and
enforcement notices issued pursuant to the municipal ordinance.
C. This Chapter shall apply to
any coastal lighting activity that has the potential to adversely impact sea
turtles in PBC within the limits of jurisdiction. This Chapter shall also apply
to any sand removal or degradation that has the potential to adversely impact
the unique sediments which comprise the coastal beach/dune system in PBC within
the limits of jurisdiction.
This Chapter is
adopted under the authority of F.S. § 125.01 et seq.
A. ERM shall have regulatory
authority over coastal lighting and alterations to the beach/dune system. This
Chapter establishes two zones of jurisdiction: the Sea Turtle Protection Zone
(STPZ) and the Sand Preservation Zone (SPZ). The STPZ extends from three miles
offshore of the Atlantic Ocean and along inlet shorelines to a line 600 feet
landward of the mean high water line. The SPZ extends from the mean high water
line of the Atlantic Ocean to 600 feet landward.
B. The STPZ is established for
the purpose of minimizing and controlling coastal lighting. [Ord. 2011-001]
C. The SPZ is established for the
purposes of maintaining the volume and quality of beach sand presently existing
within the beach/dune system. The unique characteristics of the sediments
contained in the existing beaches and dunes of PBC require the preservation of
these materials within the beach/dune system. [Ord. 2011-001]
D. Within the limits
of jurisdiction of the STPZ as defined in this Chapter, no person, firm,
corporation, municipality, special district, or public agency shall perform new
building construction or install any new artificial lighting on any property
that, in whole or in part, is seaward of a line 600 feet landward of the mean
high water line without first having obtained an approved Sea Turtle Protection
Lighting Plan (STLP) from ERM as provided for in this Chapter. Existing
beachfront lighting causing direct or indirect illumination within the STPZ as
defined herein shall comply with Art. 14.A.11,
Standards for Existing Beachfront Lighting. [Ord. 2009-040]
E. Within the limits of
jurisdiction of the SPZ as defined in this Chapter, no person, firm,
corporation, municipality, special district, or public agency shall remove any
beach or dune sediments from their property or from the SPZ without first
complying with Art. 14.A.13, Standards for SPZ.
F. Beach obstructions are exempt
from the requirements of this Article. However, this exemption shall not be in
effect during sea turtle nesting season (March 1 through October 31) unless the
structures are removed daily from the beach from sunset until two hours
following sunrise or after completion of a dedicated independent sea turtle
nesting survey by a Marine Turtle Permit Holder. Beach obstructions shall be
removed from the beach or placed in a single row as close to the toe of the
dune as possible in an area that does not impact native vegetation or
significantly affect sea turtles. Exemptions under this provision are not
intended to authorize any violation of F.S. § 379.2431 or any of the provisions of the Endangered
Species Act of 1973, as may be amended. [Ord.
2006-036] [Ord. 2009-040]
Those projects for
which ERM provides a written determination that there will be no significant
adverse environmental impacts. Approvals may include but are not limited to:
removal of a light source whether approved or not approved; reduction in light
intensity of a light source; installation of a light source within the STPZ
which is not directly or indirectly visible from the beach. [Ord. 2009-040]
A. A STLP approval is required
for all new building construction and new artificial lighting proposed within
the limits described in Art. 14.A.6.D. A
STLP must be approved by ERM prior to the issuance of a Building Permit by the
PZB or the local building department. [Ord.
2009-040] [Ord. 2011-001]
B. Applications shall be made on
a form approved by ERM. ERM may make use of forms already in use by the State
of Florida and/or Federal agencies.
C. ERM may attach conditions to
any STLP approval where such conditions are deemed reasonably necessary to
protect sea turtles.
D. Any application received that
is substantially the same as a previous application that has been denied by ERM
shall also be denied without further processing.
E. Any site or Property Owner
that is subject to or recipient of a notice of violation or notice of
noncompliance that remains unresolved shall not be issued an ERM STLP approval.
F. STLP approval
shall not be issued until any and all information necessary to fully understand
the extent, nature, and potential impacts of a proposed lighting plan are
received by ERM. Such information may include, but is not limited to: [Ord. 2011-001]
1. A completed application form;
2. An explanation of the necessity and purpose
of the proposed lighting;
3. Photographs of existing conditions which may
include aerial photographs;
4. Plans showing profile and plan views
depicting all light fixture locations, the elevations of proposed and existing
structures, proposed and existing vegetation, beach/dune profiles, and
pertinent topographic information; and,
5. Electrical, building, and landscape plans
shall be submitted illustrating all exterior lights and windows within
jurisdictional boundaries. Light and window tinting information shall include: [Ord. 2009-040]
a. The location, number, wattage, elevation,
orientation, light fixture cut sheets, photometric illustrations, and all
type(s) of proposed artificial light sources. [Ord. 2006-036]
b. Protective/mitigative measures to minimize
lighting impacts on sea turtles, including measures to prevent direct and
indirect illumination that is visible from the beach. [Ord. 2009-040]
c. Window tinting specifications for all windows
and doors within line of sight of the beach including percentage of visible
light transmittance (see definition of tinted glass).
G. When an application is made
for a STLP approval in common areas of a Multifamily residential site (e.g.,
condominiums, apartments, Townhouses, villas, etc.), the representative
association, or all of the homeowners as a group, shall be the Applicant. ERM
shall not process an application made by one unit owner in a Multifamily
setting where the work is proposed on lands designated as, or can reasonably be
considered to be, common areas.
H. Upon receipt of an application
and appropriate application fee, ERM shall have 30 days to request any
additional information. Within 30 days of receipt of such additional
information, ERM may request only that information needed to clarify such
additional information or to answer new questions raised by, or directly
related to, such additional information. [Ord.
2011-001]
I. If ERM does not make a
request for additional information within 30 days of receipt of an application
or requested information, the application shall be deemed complete upon
receipt.
J. If an Applicant fails to
respond to an ERM request for an application fee, or any additional
information, within 60 days, the application may be denied without prejudice.
However, ERM may grant an extension of time as is reasonably necessary to
fulfill the request for additional information.
K. Upon receipt of a completed
application and fee, ERM shall have 90 days to take final action unless the Applicant
agrees in writing to a time extension or waiver of this requirement. Final
agency action shall be approval of a STLP, denial of a STLP, or conditional
approval of a STLP. Failure by ERM to take final action within 90 days shall
result in the authorization of the proposed work with standard limiting
conditions.
L. Any application containing
false information may be denied, and any STLP approval granted based upon false
information may be revoked. [Ord.
2011-001]
M. ERM STLP approvals may be
issued with a duration period that is reasonably necessary to complete the
project not to exceed five years.
N. Any substantial modification
to a complete application, or a STLP approval, shall require an amended
application form and an additional application fee and shall restart all time
periods of this Section.
O. No application shall be
processed until ERM receives the appropriate application fee. [Ord. 2011-001]
A. A STLP approval may be issued
pursuant to this Chapter provided that the Applicant provides to ERM reasonable
assurance that there shall be no adverse impacts to sea turtles, sea turtle
nesting, and sea turtle habitat, and that the following criteria will be met:
1. Any and all light fixtures shall be designed
to be the minimum level necessary for safety and shall be positioned such that
they do not cause direct or indirect illumination that is visible from the
beach. [Ord. 2009-040] [Ord. 2011-001]
a. All outdoor lighting and exterior lighting
shall be directed downwards. No lights shall be directed upwards. [Ord. 2009-040]
b. Filters shall be prohibited. [Ord. 2009-040]
c. All exterior fixtures on the seaward and the
shore perpendicular sides of the building (and the landward side of the
building if they are visible from the beach) shall be well shielded and full
cutoff. [Ord. 2009-040]
d. Long wavelength lights that produce light
that measures greater than 570 nanometers, shall be used for all coastal
construction visible from and adjacent to the beach. Bright white light, such
as metal halide, halogen, fluorescent, mercury vapor, and incandescent lamps
will not be approved. Shorter wavelength lights will only be approved in areas
where direct or indirect illumination is not visible from the beach. [Ord. 2009-040]
In common areas of a Multifamily
residential property, window treatments that are sufficient to prevent direct
or indirect illumination visible from the beach shall be required on all windows
visible from the beach within jurisdictional boundaries. [Ord. 2009-040]
3. ERM determines that coastal lighting
alternatives and modifications to lessen impacts are infeasible.
4. ERM determines that the cumulative impacts of
the subject lighting project and other similar lighting projects will also meet
the criteria of this Article. [Ord.
2009-040]
B. Measures that may be
implemented to protect sea turtles include: elimination, modification, or
alteration of all proposed and/or existing exterior lights that cause
illumination which is directly or indirectly visible from the beach. [Ord. 2009-040]
C. All lighting installed after
September 2, 1987 shall comply with the following standards: [Ord. 2011-001]
1. Artificial public or private
light source shall not cause illumination which is directly or indirectly
visible from the beach where it may deter adult female sea turtles from nesting
or disorient hatchlings. [Ord. 2009-040]
2. The installation of coastal lighting shall
meet the standards and mitigative measures published in the current
state-of-the-art manual pertaining to coastal lighting and sea turtle
conservation available at ERM (Witherington, Blair E. & Eric R. Martin,
Understanding, Assessing and Resolving Light-pollution Problems on Sea Turtle Nesting
Beaches, Florida Marine Research Institute Technical Report, Florida Department
of Environmental Protection, 2000). [Ord.
2009-040] [Ord. 2011-001]
3. Any and all light fixtures shall be designed
and/or positioned such that they do not cause illumination which is directly or
indirectly visible from the beach. [Ord.
2009-040]
4. All lights on balconies shall be eliminated
or shielded from the beach. Proposed balcony lights which do not meet standard Art. 14.A.9.C.1,
above shall not be authorized. [Ord.
2005-002] [Ord. 2009-040]
5. Artificial lighting for decorative or accent
purposes shall not be authorized within the zone of jurisdiction unless it will
not be directly or indirectly visible from the beach. [Ord. 2009-040]
6. Lighting used in parking lots shall be: [Ord. 2009-040]
a. Set on a base which raises the source of
light no higher than 48 inches off the ground unless the lighting does not
cause illumination or is not directly or indirectly visible from the beach. [Ord. 2009-040]
b. Positioned and/or shielded such that the
source of light is not visible from the beach and does not cause illumination
directly or indirectly visible from the beach. [Ord. 2009-040]
7. Sign lighting may be authorized provided it
illuminates an area less than 15 square feet and meets the criteria of standard
Art. 14.A.9.C.1, above.
8. Permanent fire pits shall be positioned
and/or shielded to ensure that the source of illumination is not directly or
indirectly visible from the beach. Maximum flame height shall be determined at
final inspection. [Ord. 2009-040]
9. Open fires on the beach shall be prohibited
during sea turtle nesting season. [Ord.
2005-002]
10. Tinted glass or any window film applied to
window glass which meets the defined criteria for tinted glass, shall be
installed on all windows and doors within line of sight of the beach.
11. Pool deck lights and underwater pool lights
shall be turned off while the pool is closed at sunset during sea turtle
nesting season, March 1 through October 31. The use of an automatic timer shall
be acceptable only for pool lighting. [Ord.
2009-040]
A. Prior to the issuance of a
Certificate of Occupancy (CO) by the PZB or local building department, each
facility shall be inspected for compliance as follows:
1. Upon completion of the construction
activities, a State of Florida-registered Architect, Landscape Architect, Environmental
Professional, or Professional Engineer shall conduct a site inspection which
includes a night survey with all the beachfront lighting turned on to the
highest illumination levels. [Ord.
2009-040]
2. The inspector shall prepare and report the
inspection finding in writing to ERM, identifying:
a. the date and time of initial inspection;
b. the extent of compliance with this Chapter
and the approved STLP;
c. all areas of potential and observed
noncompliance with this Chapter;
d. any action(s) taken to remedy observed
noncompliance and date remedy will be implemented, if applicable; and,
e. the date(s) and time(s) of remedial
inspection(s), if applicable.
3. The inspector shall sign and seal the
inspection report which includes a certification that:
a. the beachfront lighting has been constructed
in accordance with this Chapter;
b. the inspector observed the project area at
night with all lights operating;
c. the beachfront lighting does not cause direct
or indirect illumination that is visible from the beach at the time of the
night inspection; and, [Ord. 2009-040]
d. the beachfront light sources within the
jurisdictional boundaries are not directly or indirectly visible from the beach
at the time of the night inspection.
Existing beachfront
lighting causing direct or indirect illumination within the STPZ shall be
adjusted or corrected to ensure that the lighting does not cause illumination
that is directly or indirectly visible from the beach. [Ord. 2011-001]
Changing coastal conditions (including but not limited to erosion,
renourishment, and vegetation impacts), may necessitate retrofitting light
fixtures. Installation of a new fixture shall require an approved Sea Turtle
Lighting Plan (STLP) that must comply with Art. 14.A.9,
Criteria for STLP Approval. Retrofits to existing fixtures shall be designed
and/or positioned to ensure that they do not cause illumination that is
directly or indirectly visible from the beach. [Ord. 2006-036] [Ord.
2009-040] [Ord. 2011-001]
The installation and
maintenance of ground-level barriers including dense native vegetation is
strongly encouraged and may be required to reduce the amount of lighting
striking the beach/dune system. [Ord. 2009-040]
Lights illuminating
beach access points, dune crossovers, beach walkways, piers, or any other
structure designed for pedestrian traffic shall be the minimum level necessary
to maintain safety and shall be located and shielded such that lights and their
illumination are not directly or indirectly visible from the beach. [Ord.
2009-040]
To prevent interior
lights from illuminating the beach, window treatment shall be required on all
windows visible from the beach within jurisdictional boundaries. Blackout
draperies or shade screens are preferred. Alternatively or additionally, window
tint may be applied to beachfront windows. The turning out of all unnecessary
interior lights during the nesting season is strongly encouraged.
Effective May 1, 1988,
and continuously throughout each nesting season (March 1 through October 31),
external light sources that are directly or indirectly visible from the beach
shall be disconnected or otherwise modified to comply with this Chapter. [Ord.
2009-040]
The following measures
can be used to reduce or eliminate the effects of any exterior lighting on
hatchlings and nesting sea turtles:
1. permanently remove the light fixture; [Ord.
2006-036]
2. disconnect the light fixture; [Ord.
2006-036]
3. reposition the light fixture so the point
source of light is no longer visible from the beach; [Ord. 2006-036]
4. replace light fixtures having an exposed
light source with light fixtures containing recessed light sources or shields; [Ord.
2006-036]
5. replace non-directional light fixtures with
directional light fixtures pointing down and away from the beach; [Ord.
2006-036]
6. replace light fixtures having translucent or
transparent coverings with light fixtures having opaque shields covering an arc
of at least 180 degrees and extending an appropriate distance below the bottom
edge of the light fixture on seaward side so the light source is not visible
from the beach; [Ord. 2006-036]
7. replace pole lamps with low-profile,
low-level luminaires so that the light source is not visible from the beach;
8. plant or improve vegetation buffers between
the light source and the beach to screen light from the beach;
9. construct an ornamental structural barrier to
shield light source from the beach; and,
10. modify the light fixture by adding a shield. [Ord.
2006-036]
Permanent sea turtle
information signs shall be conspicuously posted by applicable jurisdictions at
all public beach access points provided with dune crossovers. The information
signs shall be standardized by ERM.
Sea turtle information
signs shall be encouraged at all new private beach access points provided with
dune crossovers. Signage shall be the responsibility of the Property Owner.
Standardized sea turtle
information signs shall be maintained in perpetuity such that information
printed on the signs remains accurate and legible and the signs positioned such
that they are conspicuous to persons at all public beach access points provided
with dune crossovers.
Removal of the
information signs by anyone other than those authorized by ERM is prohibited.
A. There shall be no net loss of
sand from the SPZ. Sand temporarily excavated from the SPZ shall be returned to
the SPZ. Sand shall be returned to the SPZ prior to the issuance of a building
department CO where a CO is required, or within six months of the excavation
for projects which do not require a CO. In addition, the sand may not be
degraded by mixing with any sediment, soil, or material, such that it will not
meet the definition for beach compatible sand as defined. [Ord. 2009-040]
B. Sediment analysis of existing
beach/dune and any proposed fill material to be mixed with the existing sand
may be required by ERM. Written notification must be provided to ERM
(attention: ERM Coastal Geologist) prior to removal of sand from the SPZ.
Any affected party
may appeal a final determination of ERM pursuant to Art. 14.C.11, Appeals.
A. Fees shall be required as
established by Resolution of the BCC. [Ord.
2009-040] [Ord. 2011-001]
B. Fees shall be non-refundable
and non-transferable.
C. All application fees paid by
check shall be made payable to the BCC.
A. An unapproved lighting source
illuminated during the night that is directly or indirectly visible from the
beach. [Ord. 2011-001]
B. An approved lighting source
that has experienced a change in conditions such that it is no longer in
conformance with this Chapter. Violations may include but are not limited to:
increase of intensity or direction of the light source; failure to maintain
proper shielding; addition or modification of adjacent structures; modification
of background colors of the structure; or, modification of height of
vegetation, width or height of dune, or width of beach. [Ord. 2011-001]
C. Installation of beachfront
light fixtures in the limits described in Art. 14.A.6.D,
without ERM approval. [Ord. 2009-040]
D. Submittal to ERM of any signed
and sealed lighting inspection report containing false information.
E. Removal of sand from the SPZ
without first supplying written notification to ERM.
F. Degrading sand by mixing with
sediment, soil, or material such that it will not meet the definition for beach
compatible sand.
G. Alterations which result in a
net loss of sand from the SPZ.
H. Failure to comply with the
requirements of this Chapter or any approval granted or authorized hereunder.
I. Traversing a natural dune by
a pedestrian within 200 feet of a public dune walkover.
J. Any lighting projects or
alterations which would have been in violation of PBC Ordinances No. 72-12, 78-20,
87-13, or 90-2, as amended, during its effective period, shall continue to be
violations under this Chapter but shall be subject to prosecution under the
terms of PBC Ordinances No. 72-12, 78-20, 87-13, or 90-2, as amended.
A. In order to enforce compliance
with the provisions of this Chapter, ERM may do one or more of the following: [Ord. 2011-001]
1. provide the violator with verbal or written notice
of noncompliance; [Ord. 2011-001]
2. require a noncompliant Property Owner to take
corrective measures; [Ord. 2011-001]
3. issue a notice of noncompliance; [Ord. 2011-001]
4. issue a notice of violation citation; [Ord. 2011-001]
5. issue a Notice of Hearing; [Ord. 2011-001]
6. issue a cease and desist order; and, [Ord. 2011-001]
7. require that a Building Permit or CO be
withheld, if the noncompliance involves new construction. [Ord. 2011-001]
B. When a violator is required to
take corrective measures to cure a violation, such corrective measures shall be
implemented in addition to applicable penalties and fines. [Ord. 2011-001]
C. Violations of the provisions
of this Chapter shall be punishable by one or more of the following:
1. triple application fees for STLP approvals
not obtained prior to violations involving activities which would otherwise
have been authorized as determined by ERM;
2. enforcement procedures as outlined in this
Chapter and in Art. 10.C, Groundwater and Natural Resources
Protection Board. [Ord. 2011-001]
D. All monies collected as civil
penalties for violations of this Chapter shall be deposited in the Pollution
Recovery Trust Fund.
A. The purpose and intent of this
Chapter is to protect and safeguard the health, safety, and welfare of the
residents and visitors of PBC by providing criteria for regulating and
prohibiting the use, handling, production, and storage of certain deleterious
substances which may impair present and future public potable water supply wells
and wellfields.
See Art. 1.H, Definitions and Acronyms.
The provisions of this
Chapter shall be effective within the incorporated and unincorporated areas of
PBC, and shall set restrictions, constraints, and prohibitions to protect
present and future public potable water supply wells and wellfields from
degradation by contamination of deleterious substances.
No Building Permit or Business
Tax Receipt for any non-residential activity shall be issued by PBC or any city
located within PBC that would allow development or construction in Zones 1, 2,
3, or 4 that is contrary to the restrictions and provisions provided in this
Chapter. Permits or Business Tax Receipts issued in violation of this Chapter
confirm no right or privilege on the grantee and such invalid permit or
licenses will not vest rights. [Ord. 2007-013]
The requirements and
provisions of this Chapter shall apply immediately upon and after March 7, 1988
to all new non-residential activities. An existing activity is one for which a Building
Permit or Business Tax Receipt had been issued by the appropriate jurisdiction
prior to March 7, 1988 and which had not expired on or before March 7, 1988, or
for which a completed Building Permit or Business Tax Receipt application had
been filed and accepted with the appropriate jurisdiction prior to March 7,
1988. All other activities shall be deemed “new.” [Ord. 2007-013]
Any application for a Building
Permit for a non-residential development or residential development greater
than 25 units or non-residential development subject to review by an advisory
planning body and approval by the local governing authority or zoning board of
appeals that includes property wholly or partially within Zones 1, 2, 3, or 4,
of a wellfield shall include requirements of ERM. These requirements shall be
as follows:
1. Notification by the local governing authority
of the location of the property in Zones 1, 2, 3, or 4 and notarized letter
from Applicant admitting acceptance of notification. Notification shall be
prepared by ERM providing details of zones, prohibitions, and measures required
for compliance; or
2. Submittal of application to ERM for
notification.
Any application
submitted for a Business Tax Receipt for any use within Zones 1, 2, 3, or 4 of
an incorporated or unincorporated area shall require certification by ERM that
the use meets the applicable requirements of this Article. [Ord.
2007-013]
It shall be the duty of
each local agency to screen all applications for Zones 1, 2, 3, or 4 Business
Tax Receipts. [Ord. 2007-013]
ERM shall provide a
list to all local agencies of potentially prohibited operations in Zone 1.
Copies of Building
Permits for residential uses containing more than 25 units, all non-residential
projects, and all occupational licenses issued for Zones 1, 2, 3, or 4 shall be
submitted to ERM on a weekly basis, or upon issuance by the appropriate issuing
authority.
A general exemption
application and an operating permit issued pursuant to the provisions of Art. 14.B.6.C.2, Zone 2, shall be filed with ERM for any non-residential
activity claiming a general exemption to these regulations under Art.
14.B.5.A.4.a, Fire, Police, Emergency Medical Services, and PBC Emergency
Management Center Facilities,
Art.
14.B.5.A.4.b, Utilities in Zone 1, and Art.
14.B.5.A.4.f, Retail/Wholesale Sales Activities. No non-residential facility that stores,
handles, produces, or uses any Regulated Substances after March 7, 1988 shall
be eligible for a general exemption in Zone 1 unless such facility was in
existence prior to the establishment of a new Wellfield Zone 1 or a
reconfigured Wellfield Zone 1 and is required to move or cease operations as a
direct result of a change in the Wellfield Protection Maps. [Ord. 2013-001]
A general exemption
application shall contain a concise statement detailing the circumstances which
the Applicant believes would entitle him or her to a general exemption pursuant
to Art. 14.B.5.A, General Exemptions.
A fee shall be required
as established by the approved Fee Schedule.
Within 30 working days
of receipt of an application for a general exemption, ERM shall inform the Applicant
whether such application contains sufficient information for a proper
determination to be made. If the application is found to be insufficient, then
ERM shall provide to the Applicant a written statement by certified mail or
hand delivery requesting the additional information required. The Applicant
shall inform ERM within ten working days of the date of the written statement
of intent to either furnish the information or have the application processed
as originally submitted. ERM shall have 90 working days from the date that the
sufficiency determination was rendered or the date of receipt of additional
requested information to act upon the application.
Existing fire, police,
emergency medical services, and PBC Emergency Management center facilities are
exempt from the Zone 1 prohibitions set forth in Art. 14.B.6.C.1, Zone 1, provided that an operating permit for such uses is obtained pursuant
to Art. 14.B.7.B.1, Operating Permit.
Existing utilities as
of July 25, 1991 shall be exempt, except for the maintenance and refueling of
vehicles, from the Zone 1 prohibitions set forth in Art. 14.B.6.C.1, Zone 1, provided that an operating permit for such uses is obtained pursuant
to Art. 14.B.7.B.1, Operating Permit.
c. Continuous Transit
The transportation of
any Regulated Substance through Zones 1, 2, 3, or 4 shall be exempt from the
provisions of this Chapter, provided that the transporting motor vehicle is in
continuous transit. The transport of such substances through existing permanent
pipelines is also exempt, provided that the currently authorized use or uses
are not changed, and provided that leak detection and monitoring as approved by
ERM are employed. No general exemption or operating permit application is
required except that an operating permit is required to establish the leak
detection and monitoring requirements for said existing pipelines. Any new
pipelines constructed through Zones 1, 2, or 3 and carrying Regulated
Substances shall be provided with secondary containment, leak detection, and
monitoring as approved by ERM.
d. Vehicular and Lawn Maintenance
Fuel and Lubricant Use
The use in a vehicle or
lawn maintenance equipment of any Regulated Substance solely as fuel in that
vehicle or equipment fuel tank or as a lubricant in that vehicle or equipment
shall be exempt from the provisions of this Chapter. No general exemption or operating
permit application is required.
e. Application of Pesticides,
Herbicides, Fungicides, and Rodenticides
The application of
those Regulated Substances used as pesticides, herbicides, fungicides, and
rodenticides in recreation, agriculture, pest control, and aquatic weed control
activities shall be exempt from the provisions of this Chapter provided that:
1) in all zones, the application is in strict
conformity with the use requirement as set forth in the substances EPA
registries and as indicated on the containers in which the substances are sold;
2) in all zones, the application is in strict
conformity with the requirements as set forth in F.S. ch. 482, F.S. ch. 487, Chapter 5E-2, F.A.C., and Chapter 5E-9, F.A.C.;
3) in all zones, the application of any of the
pesticides, herbicides, fungicides, and rodenticides shall be noted in the
records of the certified operator. Records shall be kept of the date and amount
of these substances applied at each location and said records shall be
available for inspection at reasonable times by ERM;
4) in Zones 1, 2, 3, or 4, the pesticides,
herbicides, fungicides, and rodenticides shall not be handled during
application in a quantity exceeding 700 gallons of formulation; and,
5) all non-residential applicators of
pesticides, herbicides, fungicides, and rodenticides who apply those substances
in Zones 1, 2, 3, or 4 shall obtain an operating permit covering all
application operations using these materials under one permit and shall comply
with all the requirements of Art. 14.B.6.C.2.b.3), Emergency Plan.
Retail/wholesale sales
establishments in Zone 1 that store and handle Regulated Substances for resale
in their original unopened containers shall be exempt from the prohibition in
Zone 1, provided that those establishments obtain an operating permit pursuant
to Art. 14.B.6.C.1, Zone 1. Items in Art. 14.B.6.C.2.b.7), Monitoring for
Regulated Substances in the Potable Water Wells, certification by a Professional Engineer
or Professional Geologist registered or licensed in the State of Florida, and a
bond or letter of credit as set forth in Art. 14.B.7.B.4, Bond Required, are not required for facilities in Zones
1, 2, or 3, provided no individual container of Regulated Substances exceeds five
gallons, if liquid, or 25 pounds, if solid.
g. Office Uses
Offices uses, except
for the use of Regulated Substances for the maintenance and cleaning of office
buildings, shall be exempt from the provisions of this Chapter, and no general exemption
or operating permit shall be required.
h. Construction Activities
The activities of
constructing, repairing, or maintaining any facility or improvement on lands
within Zones 1, 2, 3, or 4 shall be exempt from the provisions of this Chapter,
provided that all contractors, subcontractors, laborers, material men, and
their employees, when using, handling, storing, or producing Regulated Substances
in Zones 1, 2, 3, or 4, use those applicable Best Management Practices set
forth in Appendix 3, Best Management Practices for
the Construction Industry,
attached hereto and incorporated herein. No general exemption or operating permit
applications are required.
Activities in Zones 2
or 3, which are subject to permitting requirements of this Chapter shall obtain
an operating permit pursuant to the provisions in Art. 14.B.6.C.2, Zone 2, or Art. 14.B.6.C.3, Zone 3. Items in Art. 14.B.6.C.2.b.7), Monitoring for
Regulated Substances in the Potable Water Wells, and Art. 14.B.6.C.2.b.8), Regulated Substances
in Groundwater Monitoring Wells, and a bond or letter of credit as set forth in Art. 14.B.7.B.4, Bond Required, are not required, provided that all waste
liquid Regulated Substances are secondarily contained according to the
conditions described in Art. 14.B.6.C.2.b.1), Containment of
Regulated Substances, and
are removed from the site on a regular schedule by a contracted hauler licensed
by EPA or the State of Florida to handle the waste Regulated Substances. The
accumulated waste Regulated Substances shall at no time exceed 55 gallons if
liquid or 220 pounds if solid, and the accumulation time shall not exceed 90
days. Records of removal and disposal of all waste Regulated Substances through
the licensed hauler shall be maintained and made available for ERM inspection
at reasonable times. In addition, all other Regulated Substances shall not
exceed the threshold quantities identified in the definition of “Regulated
Substances.” Failure to comply with any of these requirements shall subject the
facility to the full permitting provisions for the applicable zone.
An affected person in
Zones 1 or 2 may petition the Hearing Officer pursuant to the appeal process in
Art. 14.C.11,
Appeals, for a special exemption,
from the prohibitions and monitoring requirements set out in Art. 14.B.6.C.1, Zone 1, and Art. 14.B.6.C.2, Zone 2. No non-residential facility that stores,
handles, produces, or uses any Regulated Substances after March 7, 1988 shall
be eligible for a special exemption in Zone 1 unless such facility was in
existence prior to the establishment of a new Wellfield Zone 1 or a
reconfigured Wellfield Zone 1 and is required to move or cease operations as a
direct result of a change in the Wellfield Protection Maps. [Ord. 2013-001]
In order to obtain a special
exemption, a person must demonstrate, by a preponderance of competent,
substantial evidence, that:
a. Special or unusual circumstances and adequate
technology exists to isolate the facility or activity from the potable water
supply; and
b. In granting the special exemption, the Hearing
Officer pursuant to Art. 14.C.11, Appeals,
may prescribe any additional appropriate conditions and safeguards which are
necessary to protect the wellfield.
The following special exemption
application and review procedures shall apply to activities claiming a special exemption
with adequate technology to isolate the facility or activity from the potable
water supply and protect the wellfield:
a. Application
A special exemption
application claiming special or unusual circumstances and adequate protection
technology shall be filed with ERM, who shall then promptly notify the County
Attorney's Office that such an application has been filed. The application
shall be signed by the Applicant and a Professional Engineer or Professional
Geologist registered or licensed in the State of Florida;
b. Basis for Application
The application shall
contain a concise statement by the Applicant detailing the circumstances that
the Applicant feels entitles the Applicant to special exemption, pursuant to
this Chapter;
c. Fee
A fee shall be required
as established by the approved Fee Schedule; and,
d. Submittal Requirements
The application for special
exemption shall contain but not be limited to the following elements:
1) Operating Conditions
A description of the situation at the site requiring isolation
from the wellfield, including:
a) a list of the Regulated Substances in use at
the site;
b) a Site Plan of the facility including all
storage, piping, dispensing, shipping, etc. facilities;
c) what operations at the facility involve
Regulated Substances which must be isolated from the wellfields;
d) the location of all operations involving
Regulated Substances;
e) a sampling and analysis of the groundwater on
the site of the activity seeking a special exemption shall be performed to
determine if any Regulated Substances are already present which constitute a
threat to the water supply;
f) an analysis of the affected well showing
whether or not such well is already contaminated by any Regulated Substances
and the extent of such contamination; and,
g) a hydrogeologic assessment of the site which
shall address, as a minimum, soil characteristics and groundwater levels,
directional flow, and quality.
2) Technical Components
A technical proposal to achieve the required isolation
including:
a) components to be used and their individual
functions;
b) system tying the components together;
c) a discussion and documentation, such as
published technical articles, substantiating the performance and reliability of
the components individually and the system as a whole. If the system has not
been field tested, a discussion and laboratory test documentation to
substantiate the proposed performance and reliability of the system; and,
d) details of the specific plans to install the
system at the site.
3) Testing Procedures
If the proposed system does not have a proven history of
successful in-field operation, it may still be proposed using proven
components. A test plan for the system as installed shall be provided to prove
that the proposed system works in the field.
4) Back-Up Detection
A technical proposal for back-up detection of Regulated
Substances that may elude the isolation system and escape to outside a
perimeter to be established by ERM. Such proposal shall include emergency
measures to be initiated in case of escape of Regulated Substances.
5) Criteria for Success
Site-specific, system performance criteria shall be proposed to
ascertain the success of the system. Such criteria shall include but shall not
be limited to:
a) performance;
b) reliability;
c) level of maintenance;
d) level of sensitivity to Regulated Substances;
and,
e) effect of rain, flood, power failure, or
other natural disaster.
6) Precautions in Event of Failure
The Applicant shall provide information on the on-site
availability of substance removal technologies sufficient to remediate any
introduction of Regulated Substances into the water table at the site. Where
water is removed from on-site wells during the remedial process a plan shall be
proposed for the disposal of such water.
7) Closure Plan
A closure plan shall be provided in the event the system does
not prove successful in the testing required by Art.
14.B.5.B.2.d.3), Testing Procedures.
8) Other Information
Any other reasonable information deemed necessary by ERM shall
be due to site-specific circumstances.
e. Sufficiency Review
Within 30 working days
of receipt of an application for special exemption, ERM shall inform the Applicant
whether such application contains sufficient information for a proper
determination to be made. If the application is found to be insufficient, then
ERM shall provide to the Applicant a written statement by certified mail or
hand delivery requesting the required additional information. The Applicant
shall inform ERM within ten working days of the date of the written statement
of intent to either furnish the information or have the application denied.
When the application contains sufficient information for a proper determination
to be made, ERM shall notify the County Attorney's Office that all
documentation necessary to evaluate the special exemption has been received,
and shall promptly transmit all such documentation to the County Attorney's Office.
f. Action on Application
Any special exemption
granted by the reference to Art. 14.C.11, Appeals, shall be subject to the applicable
conditions which apply to Zones 1 and 2 and any other reasonable and necessary
special conditions imposed by the reference to Art. 14.C.11, Appeals. An operating permit shall be issued by ERM
with the applicable conditions of Art. 14.B.6.C.1, Zone 1, and Art. 14.B.6.C.2, Zone 2, and any other reasonable and necessary
special conditions imposed by the Hearing Officer. Such special exemptions
shall be subject to revocation or revision by ERM for violation of any
condition of said special exemption by first issuing a written notice of intent
to revoke or revise (certified mail return receipt requested or hand delivery).
Upon revocation or revision, the activity will immediately be subject to the
enforcement provisions of this Article. [Ord.
2013-001]
The Zones of Influence
Maps, developed as described in Art. 14.B.6.A.2, Basis, are incorporated herein and made a part of
this Chapter. These Maps shall be on file and maintained by ERM.
Any amendments,
additions, or deletions to said Maps shall be approved by the BCC after public
hearing. [Ord. 2013-001]
The Zones of Influence
Maps are based upon travel time contours and one-foot drawdown contours. They
are generated using a contaminant transport computer model that simulates
pollutant movement using particles released around wells. The travel time
contours and the one-foot drawdown contours are calculated by using finite
difference computer modeling techniques that incorporate the effects of an
extensive canal system, groundwater flows, and SFWMD Consumptive Use Permit-approved
public water supply pumping rates. Additional considerations may be
incorporated into the modeling methodology as approved by ERM. [Ord.
2006-036]
The Zones of Influence
Maps shall be reviewed at least on an annual basis. However, failure to conduct
said review shall not affect the validity of the existing approved Maps. The
basis for updating said Maps may include, but is not limited to, the following:
a. Changes in the technical knowledge concerning
the applicable aquifer;
b. Changes in the pumping rate of wellfields;
c. Wellfield reconfiguration; and,
d. Designation of new wellfields.
The Zones of Influence
indicated on the Zones of Influence Maps are as follows:
a. Zone 1
The land area situated
between the well(s) and the 30-day travel time contour;
b. Zone 2
The land area situated
between the 30-day and the 210-day travel time contours;
c. Zone 3
The land area situated
between 210-day and the 500-day travel time contours; and,
d. Zone 4
The land area situated
beyond the 500-day travel time contour and within the one-foot drawdown
contour.
In determining the
location of properties and facilities within the zones depicted on the Zones of
Influence Maps, the following rules shall apply:
a. Properties located wholly within one zone
reflected on the applicable Zones of Influence Maps shall be governed by the
restrictions applicable to that zone;
b. To that the extent Art. 14.B.6.C, Prohibitions and Restrictions, does not apply, properties having parts
lying within more than one zone as reflected on the applicable Zones of
Influence Maps shall be governed by the restrictions applicable to the zone in
which the part of the property is located;
c. Where a travel time contour which delineates
the boundary between two Zones of Influence, passes through a facility, the
entire facility shall be considered to be in the more restrictive zone; and,
d. Where the facility, or portion thereof, is
overlapped by Zones of Influence of different wells or wellfields, the stricter
zones shall apply.
A reference set of raw
water analyses shall be completed for each well for which a Zones of Influence Map
has been established. Said analyses shall be completed within 185 days after
March 7, 1988, for existing wells. A copy of the analytical report shall be
forwarded to ERM and the PBCHD within 14 days of completion. For any new well,
this set of analyses shall be completed prior to the release of the well into
service by the PBCHD and ERM. Said analyses shall address inorganic priority
pollutants and organic pollutants as listed in Chapter 62-550, F.A.C. The cost shall be borne by the utility. The
analytical reports shall be prepared by a State of Florida-certified
laboratory, certified for the applicable analyses. Samples shall be taken by
the State of Florida-certified laboratory performing the analyses, or its
authorized representative. [Ord. 2013-001]
The prohibitions and
restrictions set forth in this Chapter and in regulations promulgated pursuant
hereto shall apply to any sites officially designated by the BCC as future
wellfields. Such prohibitions and restrictions shall become effective upon
approval by the BCC of the Zones of Influence Maps for the designated future
wellfield. [Ord. 2013-001]
a. Prohibited Activities
The use, handling,
production, and storage of Regulated Substances associated with non-residential
activities is prohibited in Zone 1, except as provided under the general exemptions
and special exemptions provisions of this Chapter.
b. Closure of Existing Uses
All existing non-residential
activities within Zone 1 which store, handle, use, or produce any Regulated
Substances shall cease to do so within one year from the date of notification
by writing, certified mail, or hand delivery, except as provided for in this
Chapter.
A closure permit
application, general exemption application, or a special exemption application
prepared and signed by a Professional Engineer or Professional Geologist
registered or licensed in the State of Florida shall be submitted to ERM within
120 days receipt of the notice to cease. Within 30 days of receipt of said
notice, the owner or operator shall file with ERM proof of retention of said
engineer or geologist.
Any non-residential
activity in Zone 1 which is allowed to continue in accordance with the general exemption
or special exemption provisions of this Chapter shall obtain an operating permit,
unless expressly not required by this Chapter, which shall indicate the special
conditions to be instituted and the dates on which such conditions shall be
instituted. Such activities shall comply with all Zone 2 requirements unless
otherwise provided herein. No expansions, modifications, or alterations which
would increase the storage, handling, use, or production of Regulated
Substances shall be permitted in Zone 1. An owner or operator that is denied a special
exemption shall be issued a closure permit as part of the denial process. Any operating
permit application required herein shall be filed with the applications for general
exemption or special exemption.
a. Prohibited Activities
All non-residential
activities within Zone 2 which store, handle, use, or produce any Regulated
Substance are prohibited, unless they qualify as a general exemption, obtain a special
exemption, or receive an operating permit from ERM.
An operating permit
issued to any non-residential activity within Zone 2 that stores, handles, uses,
or produces any Regulated Substance shall be subject to the following
conditions:
1) Containment of Regulated
Substances
Leak-proof trays under containers, floor curbing, or other
containment systems to provide secondary liquid containment shall be installed.
The containment shall be of adequate size to handle all spills, leaks,
overflows, and precipitation until appropriate action can be taken. The
specific design and selection of materials shall be sufficient to preclude any
Regulated Substance loss to the external environment. Containment systems shall
be sheltered so that the intrusion of precipitation is effectively prevented.
The owner/operator may choose to provide adequate and appropriate liquid
collection methods rather than sheltering only after approval of the design by
ERM. These requirements shall apply to all areas of use, production, and
handling, to all storage areas, to loading and off-loading areas, and to
above-ground and underground storage areas. The containment devices and liquid
collection systems shall be certified in the operating permit application by
the Professional Engineer or Professional Geologist registered or licensed in
the State of Florida.
2) Emergency Collection Devices
Vacuum suction devices, absorbent scavenger materials, or other
devices approved by ERM, shall be present on site or available within two hours
(one hour in Zone 1) by contract with a clean-up company approved by ERM, in
sufficient magnitude so as to control and collect the total quantity of
Regulated Substances present. To the degree feasible, emergency containers
shall be present and of such capacity as to hold the total quantity of
Regulated Substances plus absorbent material. The presence of such emergency
collection devices shall be certified in the operating permit application for
existing activities. Such certification for new activities shall be provided to
ERM prior to the presence of Regulated Substances on the site. Certification
shall be provided by a Professional Engineer or Professional Geologist
registered or licensed in the State of Florida.
3) Emergency Plan
An emergency plan shall be prepared and filed with the operating
permit application indicating the procedures which will be followed in the
event of spillage of a Regulated Substance so as to control and collect all
such spilled material in such a manner as to prevent it from reaching any storm
or sanitary drains or the ground.
4) Inspection
A responsible person designated by the permittee who stores,
handles, uses, or produces the Regulated Substances shall check on every day of
operation, for breakage or leakage of any container holding the Regulated
Substances. Electronic sensing devices may be employed as part of the
inspection process, if approved by ERM, and provided the sensing system is
checked daily for malfunctions. The manner of daily inspection shall not
necessarily require physical inspection of each container provided the location
of the containers can be inspected to a degree which reasonably assures ERM
that breakage or leakage can be detected by the inspection. Monitoring records
shall be kept and made available to ERM at all reasonable times for
examination.
5) Proper and Adequate Maintenance of
Containment and Emergency Equipment
Procedures shall be established for quarterly, in-house inspection
and maintenance of containment and emergency equipment. Such procedure shall be
in writing; a regular checklist and schedule of maintenance shall be
established; and, a log shall be kept of inspections and maintenance. Such logs
and records shall be available for inspection by ERM.
6) Reporting of Spills
Any spill of a Regulated Substance in excess of the
non-aggregate quantity thresholds identified in the definition of “Regulated
Substances” shall be reported by telephone to PBCHD and the designated public
utility within one hour, and to ERM within 24 hours of discovery of the spill. Clean-up
shall commence immediately upon discovery of the spill. A full written report
including the steps taken to contain and clean up the spill shall be submitted
to ERM within 15 days of discovery of the spill.
7) Monitoring for
Regulated Substances in the Potable Water Wells
Arrangements shall be made with the designated public utility to
establish a semi-annual schedule of raw water analysis unless sampling results
indicate contamination, in which case ERM shall require an increased sampling
schedule.
The analysis shall be for all substances which are listed on the
operating permit. The analytical reports shall be prepared by a State of
Florida-certified laboratory, certified for the applicable analyses. It shall
be the responsibility of the designated public utility to provide for the
sampling and analyses but the cost shall be borne by the permittee or those
permittees on a pro-rata basis as to
the same substances listed on the permits of those permittees in Zones of
Influence of the subject well. Samples shall be taken by the State of Florida-certified
laboratory performing the analyses, or its authorized representative.
Semi-annual reports prepared by a State of Florida-certified laboratory of the
analyses for Regulated Substances shall be submitted to ERM for the purpose of
determining the presence of Regulated Substances in each well for which a Zones
of Influence Map has been established.
8) Regulated Substances
in Groundwater Monitoring Wells
Groundwater monitoring well(s) shall be provided at the expense
of the permittee in a manner, number, and location approved by ERM. Except for
existing wells found by ERM to be adequate for this provision, the required
well or wells shall be installed by a State of Florida-licensed water well
contractor. Samples shall be taken by the State of Florida-certified laboratory
performing the analyses, or its authorized representative. Analytical reports
prepared by a State of Florida-certified laboratory of the quantity present in
each monitoring well of the Regulated Substances listed in the activity's operating
permit shall be filed at least semi-annually, or more frequently, as determined
by ERM, based upon site conditions and operations.
9) Alterations and Expansions
ERM shall be notified in writing prior to the expansion, alteration,
or modification of an activity holding an operating permit. Such expansion,
alteration, or modification may result from increased square footage of
production or storage capacity, or increased quantities of Regulated
Substances, or changes in types of Regulated Substances beyond those square
footages, quantities, and types upon which the permit was issued. Should a
facility add new Regulated Substances which individually are below the
non-aggregate limits identified in the definition of “Regulated Substances,” it
shall notify ERM on an annual basis of the types and quantities of such
substances added and the location of the use, handling, storage, and production
of said substances. [Ord. 2013-001]
Any such expansion, alteration, or modification shall be in
strict conformity with this Chapter. Further, except as provided herein, any
existing operating permit shall be amended to reflect the introduction of any
new Regulated Substances resulting from the change. However, the introduction
of any new Regulated Substance shall not prevent the revocation or revision of
any existing operating permit if, in the opinion of ERM, such introduction
substantially or materially modifies, alters, or affects the conditions upon
which the existing operating permit was granted or the ability to remain
qualified as a general exemption, if applicable, or to continue to satisfy any
conditions that have been imposed as part of a special exemption, if
applicable. ERM shall notify the permittee in writing within 60 days of receipt
of the permittee's notice that ERM proposes to revoke or revise the permit and
state the grounds therefore.
10) Reconstruction after Catastrophe
Reconstruction of any portion of a structure or building in
which there is any activity subject to the provisions of this regulation which
is damaged by fire, vandalism, flood, explosion, collapse, wind, war, or other
catastrophe shall be in strict conformity with this Chapter.
11) Revocation or Revision
for Spill
Within 30 days of acquiring knowledge of any spill of a
Regulated Substance, ERM shall consider revocation or revision of the permit.
In consideration of whether to revoke or revise the permit, ERM may consider
the intentional nature or the degree of negligence, if any, associated with the
spill, the extent to which containment or clean-up is possible, the nature,
number, and frequency of previous spills by the permittee, and the potential
degree of harm to the groundwater and surrounding wells due to such spill.
All existing non-residential
activities in Zone 2 which use, handle, store, or produce Regulated Substances
shall file an application for an operating permit within 90 days of the receipt
of written notice from ERM. Said permit application shall be prepared and
signed by a Professional Engineer or Professional Geologist registered or
licensed in the State of Florida, except for closure or transfer permits as
provided Art. 14.B.7.B.2, Closure Permit, and Art. 14.B.10, Transfers and Changes in
Ownership. Within 30 days
of receipt of said notice, the owner or operator shall file with ERM proof of retention
of said engineer or geologist. If application is made for an operating permit,
such a permit shall be issued or denied within 60 days of the filing of the
completed application. If the application for an operating permit is denied,
then the activity shall cease within 180 days of the denial of the operating permit.
All Regulated Substances and contaminated containers shall be disposed in a
lawful and environmentally sound manner in accordance with applicable State and
Federal laws, and the activity and environs shall be cleaned up so as to
preclude leaching of residual Regulated Substances into the environment. [Ord. 2013-001]
a. Prohibited Activities
All non-residential
activities within Zone 3 which store, handle, use, or produce any Regulated
Substance are prohibited, unless they qualify as a general exemption or receive
an operating permit from ERM.
An operating permit
issued to any non-residential activity within Zone 3 that stores, handles, uses,
or produces any Regulated Substance shall be subject to the following
conditions:
1) Containment of Regulated Substances
Leak-proof trays under containers, floor curbing, or other
containment systems to provide secondary liquid containment shall be installed.
The containment shall be of adequate size to handle all spills, leaks,
overflows, and precipitation until appropriate action can be taken. The
specific design and selection of materials shall be sufficient to preclude any
Regulated Substance loss to the external environment. Containment systems shall
be sheltered so that the intrusion of precipitation is effectively prevented.
The owner/operator may choose to provide adequate and appropriate liquid
collection methods rather than sheltering only after approval of the design by
ERM. These requirements shall apply to all areas of use, production, and
handling, to all storage areas, to loading and off-loading areas, and to
above-ground and underground storage areas. The containment devices and liquid
collection systems shall be certified in the operating permit application by
the Professional Engineer or Professional Geologist registered or licensed in
the State of Florida.
2) Emergency Plan
An emergency plan shall be prepared and filed with the operating
permit application indicating the procedures which will be followed in the
event of spillage of a Regulated Substance so as to control and collect all
such spilled material in such a manner as to prevent it from reaching any storm
or sanitary drains or the ground.
3) Inspection
A responsible person designated by the permittee who stores,
handles, uses, or produces the Regulated Substances shall check on every day of
operation, for breakage or leakage of any container holding the Regulated
Substances. Electronic sensing devices may be employed as part of the
inspection process, if approved by ERM, and provided the sensing system is
checked daily for malfunctions. The manner of daily inspection shall not
necessarily require physical inspection of each container provided the location
of the containers can be inspected to a degree which reasonably assures ERM
that breakage or leakage can be detected by the inspection. Monitoring records
shall be kept and made available to ERM at all reasonable times for
examination.
4) Maintenance of Containment and Emergency
Equipment
Procedures shall be established for the quarterly in-house
inspection and maintenance of containment and emergency equipment. Such
procedure shall be in writing; a regular checklist and schedule of maintenance
shall be established; and, a log shall be kept of inspections and maintenance.
Such logs and records shall be available for inspection by ERM.
5) Reporting of Spills
Any spill of a Regulated Substance in excess of the
non-aggregate quantity thresholds identified in the definition of “Regulated
Substances” shall be reported by telephone to PBCHD and the designated public
utility within one hour, and to ERM within 24 hours of discovery of the spill.
Clean-up shall commence immediately upon discovery of the spill. A full written
report including the steps taken to contain and clean up the spill shall be
submitted to ERM within 15 days of discovery of the spill.
6) Revocation or Revision
for Spill
Within 30 days of acquiring knowledge of any spill of a
Regulated Substance, ERM shall consider revocation or revision of the permit to
comply with some or all the conditions applicable to Zone 2, as set forth in Art. 14.B.6.C.2.b,
Permit Conditions, in addition to the Zone 3 conditions of Art. 14.B.6.C.3.b,
Permit Conditions. In consideration of whether to revoke or revise the
permit, ERM may consider the intentional nature or the degree of negligence, if
any, associated with the spill, the extent to which containment or clean-up is
possible, the nature, number, and frequency of previous spills by the permittee,
and the potential degree of harm to the groundwater and surrounding wells due
to such spill.
7) Permit Process
Operating permits required by this Chapter shall be applied for
and processed in accordance with Art. 14.B.6.C.2.c,
Permits for Existing Uses, by filing an application for an operating permit
within 90 days of the receipt of written notice from ERM. Said permit
application shall be prepared and signed by a Professional Engineer or
Professional Geologist registered or licensed in the State of Florida. Within
30 days of receipt of said notice, the owner or operator shall file with ERM
proof of retention of said engineer or geologist. If application is made for an
operating permit, such a permit shall be issued or denied within 60 days of the
filing of the completed application. If the application for an operating permit
is denied, then the activity shall cease within 180 days of the denial of the operating
permit. All Regulated Substances and contaminated containers shall be disposed
in a lawful and environmentally sound manner in accordance with applicable State
and Federal laws, and the activity and environs shall be cleaned up so as to
preclude leaching of residual Regulated Substances into the environment. [Ord. 2013-001]
a. Prohibited Activities
All non-residential
activities within Zone 4 which store, handle, use, or produce any Regulated
Substance are prohibited, unless they qualify as a general exemption or receive
an operating permit from ERM.
An operating permit
issued to any non-residential activity within Zone 4 that stores, handles, uses,
or produces any Regulated Substance shall be subject to the following
conditions:
1) Inspection
A responsible person designated by the permittee who stores,
handles, uses, or produces the Regulated Substances shall check on every day of
operation, for breakage or leakage of any container holding the Regulated
Substances. Electronic sensing devices may be employed as part of the
inspection process, if approved by ERM, and provided the sensing system is checked
daily for malfunctions. The manner of daily inspection shall not necessarily
require physical inspection of each container provided the location of the
containers can be inspected to a degree which reasonably assures ERM that
breakage or leakage can be detected by the inspection. Monitoring records shall
be kept and made available to ERM at all reasonable times for examination.
2) Reporting of Spills
Any spill of a Regulated Substance in excess of the
non-aggregate quantity thresholds identified in the definition of “Regulated
Substances” shall be reported by telephone to PBCHD and the designated public
utility within one hour, and to ERM within 24 hours of discovery of the spill.
Clean-up shall commence immediately upon discovery of the spill. A full written
report including the steps taken to contain and clean up the spill shall be
submitted to ERM within 15 days of discovery of the spill.
3) Revocation or Revision
for Spill
Within 30 days of acquiring knowledge of any spill of a
Regulated Substance, ERM shall consider revocation or revision of the permit to
comply with some or all the conditions applicable to Zone 2, as set forth in Art. 14.B.6.C.2, Zone 2,
and Art.
14.B.6.C.2.b, Permit Conditions, in addition to those of Art. 14.B.6.C.4.b,
Permit Conditions. In consideration of whether to revoke or revise the
permit, ERM may consider the intentional nature or the degree of negligence, if
any, associated with the spill, the extent to which containment or clean-up is
possible, the nature, number, and frequency of previous spills by the permittee,
and the potential degree of harm to the groundwater and surrounding wells due
to such spill.
4) Permit Process
Operating permits required by this Chapter shall be applied for
and processed by filing an application for an operating permit within 90 days
of the receipt of written notice from ERM. Said permit application shall be
prepared and signed by a Professional Engineer or Professional Geologist
registered or licensed in the State of Florida. However, a non-residential
activity in Zone 4 is not required to retain an engineer or geologist to
prepare the operating permit if the revocation for spill provisions of this
Chapter do not apply. Within 30 days of receipt of said notice, the owner or
operator shall file with ERM proof of retention of said engineer or geologist.
If application is made for an operating permit, such a permit shall be issued
or denied within 60 days of the filing of the completed application. If the
application for an operating permit is denied, then the activity shall cease
within 180 days of the denial. All Regulated Substances and contaminated
containers shall be disposed in a lawful and environmentally sound manner in
accordance with applicable State and Federal laws, and the activity and
environs shall be cleaned up so as to preclude leaching of residual Regulated
Substances into the environment. [Ord.
2013-001]
A notice to cease, or a
permit or exemption issued under this Chapter shall not relieve the owner or
operator of the obligation to comply with any other applicable Federal, State, Regional,
or Local regulation, rule, ordinance, or requirement. Nor shall said notice,
permit, or exemption relieve any owner or operator of any liability for
violation of such regulations, rules, ordinances, or requirements.
All new or replacement
installations of sanitary sewer mains in Zone 1 or Zone 2 of a public drinking
water wellfield shall be constructed using pressure pipe. Standards for
installation are shown in Appendix 4, Minimum Standards for Sewer Pipe
and Fittings, and shall be
enforced by PBCHD through the permit process. For new wells placed in areas of
existing sanitary sewers, the sewers in Zones 1 and 2 must be pressure tested
at each joint, grouted, and sealed with proof of testing provided to the PBCHD
prior to release of the well for service. [Ord. 2013-001]
No new exfiltration
system shall be constructed in Zone 1 or Zone 2 of a public drinking water
wellfield.
New retention or
detention ponds located within wellfield zones shall comply with the criteria
described in the SFWMD Management and Storage of Surface Waters Permit
Information Manual IV. These criteria are enforced through the SFWMD permitting
process.
New percolation ponds
for domestic wastewater treatment located within wellfield zones shall comply
with the requirements for separation from public drinking water wells set forth
in Chapter 62-555, F.A.C. and Chapter 62-610, F.A.C., and enforced by Florida Department of
Environmental Protection and the PBCHD.
Land application of
domestic effluent or sludge within wellfield zones shall comply with the
requirements for separation from public drinking water wells as set forth in Chapter 62-555, F.A.C., Chapter 62-610, F.A.C., and Chapter 62-640, F.A.C., and enforced by Florida Department of
Environmental Protection and the PBCHD.
New onsite sewage
disposal systems (septic tanks) located within wellfield zones shall comply
with the requirements for maximum sewage loading and separation from public
drinking water wells as set forth in Environmental Control Rule (ECR) I and
enforced by the PBCHD.
Upon discovery of a
spill in a wellfield zone, a determination shall be made as to jurisdiction.
ERM shall provide notification to the Florida Department of Environmental
Protection and PBCHD including all available information pertinent to the spill.
Florida Department of Environmental Protection will be responsible for
determination if the spill occurrence constitutes a Resource Conservation and
Recovery Act (RCRA) regulated material as defined in Chapter 62-730, F.A.C. and 40 CFR 261. If determination is made that the spill occurrence involves a RCRA-regulated
material, Florida Department of Environmental Protection will assume the role
as lead regulatory agency in assessment and remediation. ERM will assume the
role as lead agency if determination reveals a non-RCRA Regulated Substance. Upon
issuance of an order by ERM, corrective action shall immediately be initiated
by the responsible person. Failure to initiate corrective action shall be a
violation of this Chapter. Corrective action shall include any or all of the
following:
1. Cessation of the discharge and initial
control, containment, and recovery of free-flowing, floating, or standing
pollutants;
2. Removal and disposal of contaminated soils,
sediments, vegetation, containers, recovery, and other contaminated materials
in accordance with applicable Federal, State, and Local regulations;
3. Assessment of the horizontal and vertical
extent of soil, sediment, surface water, and groundwater contamination, as well
as rate and direction of migration of the contaminants; and,
4. Remediation of contaminated soils, sediments,
surface water, and groundwater to preclude further migration of unacceptable
levels of residual Regulated Substances into or through the surface water or
groundwater environment. ERM shall determine necessary, reasonable measures and
timeframes for corrective action. The corrective action shall be completed to
the satisfaction of ERM. Where State or Federal regulations establish
procedures or clean-up levels for corrective action for particular discharges,
the corrective action shall at a minimum comply with those procedures and clean-up
levels. Completion of corrective action as specified by ERM shall not relieve
the responsible person or persons of liability under any other applicable
Federal, State, or Local regulation, rule, ordinance, or requirement; nor shall
it relieve the responsible person or persons of liability for corrective
actions for conditions which were previously unknown to ERM, or which resulted
from implementation of corrective action as required.
When an activity in any
zone ceases operation, all Regulated Substances and contaminated containers
shall be disposed of in a lawful and environmentally sound manner in accordance
with applicable State and Federal laws, and the activity and environs shall be
cleaned up so as to preclude leaching of residual Regulated Substances into the
environment. When an activity in Zone 1 ceases operation, a closure permit
shall be obtained. [Ord. 2013-001]
The following
provisions provide the requirements and procedures for the issuance of operating
and closure permits required by this Chapter.
1. An application which satisfies the
requirements of the applicable Zones of Influence, Art. 14.B.7.B, Applications, for operating permits and, if applicable, Art. 14.B.5.A, General Exemptions, for general exemptions, and Art. 14.B.8, Appeals,
shall be approved and a permit issued. In addition to the failure to satisfy
these requirements, ERM may deny a permit based on repeated violations of this
Chapter.
2. An operating permit shall remain valid
provided the permittee is in compliance with the terms and conditions of the
permit.
3. Permittees shall be required to pay annual
permit renewal fees beginning October 1, 1990. Beginning October 1, 1990, all
current and future permittees are subject to an annual permit renewal fee as
established by the approved Fee Schedule. Notification to ERM under Art. 14.B.6.C.2.b.9), Alterations and Expansions, is due with the renewal fee.
4. ERM shall have the right to make
inspections of facilities at reasonable times to determine compliance with this
Chapter.
5. All of the facilities owned and/or operated
by one person when these structures and activities are located on contiguous
parcels of property even where there are intervening public or private roads,
may be covered under one permit.
All applications for operating
permits shall, at the minimum, provide the following information:
a. A list of all Regulated Substances and
substances on the Generic Substance List which are to be stored, handled, used,
or produced in the non-residential activity being permitted including their
quantities.
b. A detailed description of the non-residential
activities that involve the storage, handling, use, or production of the
Regulated Substances indicating the unit quantities in which the substances are
contained or manipulated including layout plans or drawings of the facility in
which the activities will take place.
c. A description of the containment, the
emergency collection devices, containers, and emergency plan that will be
employed to comply with the restrictions required for Zones 2 and 3 as set
forth above. For Zone 4 this particular documentation will only be required if
a permit revision is required pursuant to Art. 14.B.6.C.4.b.3), Revocation or Revision
for Spill.
d. A description of the daily monitoring
activities that have been or will be instituted to comply with the restrictions
for Zones 2, 3, and 4 as set forth above in Art. 14.B.6.C.2, Zone 2.
e. A description of the maintenance that will be
provided for the containment facility, monitoring system, and emergency
equipment required to comply with the restrictions of Zones 2 and 3 as set
forth above. For Zone 4 this particular documentation will be required if a
permit revision is required pursuant to Art. 14.B.6.C.4.b.3), Revocation or Revision
for Spill.
f. A description of the groundwater monitoring
wells that have been or will be installed, other pertinent well construction
information, and the arrangements which have been made or which will be made
for certified analyses for specified Regulated Substances. For Zones 3 and 4
this particular documentation will only be required for a revised operating permit
as required under Art. 14.B.6.C.3.b.6), Revocation or Revision
for Spill, Art. 14.B.6.C.4.b.3), Revocation or Revision
for Spill, and Art. 14.B.13.C, Spills.
g. Evidence of arrangements made with the
appropriate designated public utility for sampling analysis of the raw water
from the potable water well. For Zones 3 and 4 this particular documentation
will only be required for a revised operating permit as required under Art. 14.B.6.C.3.b.6), Revocation or Revision
for Spill, Art. 14.B.6.C.4.b.3), Revocation or Revision
for Spill, and Art. 14.B.13.C, Spills.
h. An agreement to indemnify and hold PBC
harmless from any and all claims, liabilities, causes of action, or damages
arising out of the issuance of the permit. PBC shall provide reasonable notice
to the permittee of any such claims.
i. The application for the operating permit
shall be filed with ERM within 90 days of receipt of written notification from
ERM.
Closure permit applications
shall be required in Zone 1 and contain the following information: [Ord.
2013-001]
a. A schedule of events to complete the closure
of an activity that does or did store, handle, use, or produce Regulated
Substances. As a minimum, the following actions shall be addressed:
1) Disposition of all Regulated Substances and
contaminated containers;
2) Clean-up of the activity and environs to
preclude leaching of unacceptable levels of residual Regulated Substances into
the aquifer;
3) Certification by a Professional
Engineer or Professional Geologist registered or licensed in the State of
Florida that disposal and clean-up have been completed in a technically
acceptable manner. The requirement for certification by a Professional Engineer
or Geologist may be waived if the Applicant provides evidence to ERM that all
of the following items are applicable:
a) The entire operation is maintained inside the
building(s) of the facility;
b) The standard method of removing operating
waste is not by septic tank, sewer mains, or floor drains;
c) There is no evidence of spills permeating
floors or environs;
d) There are no outstanding or past notices of
violation from any regulatory agency concerned with hazardous, industrial, or
special waste;
e) There is no evidence of past contamination in
the public drinking water well(s) associated with the facility in Zone 1; and,
f) The Applicant shall provide a sworn
statement that disposal and clean-up have been completed in a technically
acceptable manner.
4) An appointment for an inspection by ERM; and,
5) An agreement to indemnify and hold PBC
harmless from any and all claims, liabilities, causes of action, or damages
arising out of the issuance of the permit. PBC shall provide reasonable notice
to the permittee of any such claims.
b. The issue of well reconfiguration shall be
evaluated by ERM and the affected public utility as an alternative to a closure
permit during the permit application process. Should a utility notify ERM in
writing that it intends to reconfigure a wellfield and said configuration no
longer subjects a facility to Zone 1 and Zone 2 requirements, ERM may issue an operating
permit providing conditions under which said facility may continue to operate.
c. The Florida Department of Environmental
Protection and the PBCHD shall be advised in writing of each closure permit
application.
The permit conditions
shall ensure compliance with all the prohibitions, restrictions, and
requirements as set forth in this Chapter. Such conditions may include, but not
be limited to, monitoring wells, periodic groundwater analysis reports, and
compliance schedules. Said conditions may also include requirements in a closure
permit to reduce the risk in the interim of contamination of the groundwaters,
taking into account cost, likely effectiveness, and degree of risk to the
groundwater.
Except as provided in Art. 14.B.7.B.4.e,
below, no permit herein required shall be issued unless there is filed at the
time of application, except in the case of an application by a political
subdivision or agency of the State of Florida, a cash bond, permit bond with a
corporate surety, or letter of credit in the amount specified in Appendix 2, Operating and Closure Permit
Bonds, attached hereto and
incorporated herein.
a. The permittee will operate its non-residential
activities and/or closure of such non-residential activities, as applicable, in
accordance with the conditions and requirements of this Chapter and permits
issued hereunder.
b. The permittee shall reimburse PBC in
accordance with Art. 14.B.7.B.1, Operating Permit, for any and all expenses and costs that
PBC incurs as a result of the permittee failing to comply with the conditions
and requirements of this Chapter.
c. Before a bond or letter of credit is accepted
by ERM as being in compliance with this Chapter, the bond or letter of credit
shall be reviewed and approved by the County Attorney's Office and Contract
Development and Control. A corporate bond shall be executed by a corporation
authorized to do business in the State of Florida as a surety. A cash bond
shall be deposited with ERM, who shall give receipt therefore.
d. The bond or letter of credit required by this
Chapter shall be kept in full force and effect for the term of the permit and
for one year after voluntary cessation of activities permitted hereunder,
expiration, or revocation of the permit.
e. No bond or letter of credit is
required for issuance of a permit for the following:
1) Closure of a facility, provided that the
conditions listed in Art. 14.B.7.B.2.a.3),
above for waiver of certification by an engineer or geologist are applicable. [Ord.
2005-002]
2) A facility in Zone 4, unless ERM has
determined that a revision of the permit is appropriate under conditions
described in Art. 14.B.6.C.4.b.3), Revocation or Revision
for Spill or Art. 14.B.13.C, Spills.
3) Retail/wholesale activities which meet the
conditions for this exemption set forth in Art. 14.B.5.A.4.f, Retail/Wholesale Sales
Activities.
4) Activities subject to regulation due to the
accumulations of waste Regulated Substances, provided that they comply with the
conditions for this exemption set forth in Art. 14.B.5.A.4.i, Activities Subject to
Regulation Due to Accumulation.
Any person subject to
regulation under this Chapter shall be liable with respect to Regulated Substances
emanating on or from the person's property for all costs of removal or remedial
action incurred by PBC and damages for injury to, destruction of, or loss of
natural resources, including the reasonable cost of assessing such injury,
destruction, or loss resulting from the release or threatened release of a
Regulated Substances as defined in this Chapter. Such removal or remedial
action by PBC may include, but is not limited to, the prevention of further contamination
of groundwater, monitoring, containment, and clean-up or disposal of Regulated
Substances resulting from the spilling, leaking, pumping, pouring, emitting, or
dumping of any Regulated Substance or material which creates an emergency
hazardous situation or is expected to create an emergency hazardous situation.
Any affected party may
appeal ERM decisions set forth below, pursuant to procedures in Art. 14.C.11, Appeals.
Any person may appeal
to a Hearing Officer as established in Art. 2.G.3.G, Hearing Officers for the following reasons:
1. To appeal ERM's permit conditions, denial of
a permit, general exemption, or nondisclosure of a trade secret;
2. To appeal an intent to revoke or revise an operating
permit and a general or special exemption; and,
3. To request a special exemption.
The purpose of this
Section is to provide a means of petitioning PBC for reasonable compensation in
the event a person operating a facility in existence prior to the establishment
of a new Wellfield Zone 1 or a reconfigured Wellfield Zone 1 is required to
move or cease operations as a direct result of a change in the Wellfield
Protection Maps. This Section shall apply only in the event an application for
a general or special exemption, as set forth in Art. 14.B.5, and all
subsequent appeals, are denied. ERM may impose a reasonable fee for each
petition in order to defray the costs to PBC in administering this Section. [Ord. 2013-001]
A petition for
compensation shall be filed with ERM no later than 90 days after an application
for a general or special exemption, as set forth in Art. 14.B.5, and all
subsequent appeals, are denied. The petition shall be heard by a Hearing
Officer as established in Art. 2.G.3.G, Hearing Officers. [Ord. 2013-001]
A petition for
compensation shall contain, as applicable, the following:
1. An analysis of the need to move, or cease
operations including a summary of alternatives investigated and estimated costs
of those alternatives; [Ord. 2013-001]
2. A list of all previously issued EPA notices
of violation by ERM, Florida Department of Environmental Protection, or the EPA
regarding use of Regulated Substances including a description of any corrective
action taken or pending;
3. Detailed specification of the amount for
which compensation is being requested. Petitions shall include documentation to
verify all costs for which compensation is sought. [Ord. 2013-001]
ERM shall review all
petitions for compensation for completeness within 30 working days of receipt
of the petition. If ERM determines the petition is not complete, written notice
shall be mailed to the Petitioner specifying the deficiencies. No further
action shall be taken on the petition until the deficiencies are remedied. If
the deficiencies are not remedied within 30 working days of receipt of written
notice, the petition shall be deemed abandoned and any rights that may be
conferred under this Section shall be waived. Upon a finding of sufficiency,
ERM shall review the petition and make recommendations to the Hearing Officer
regarding the reasonableness of any amounts requested by the Petitioner,
whether the requested compensation consists of amounts greater than the cost of
any reasonable facility/operation modifications. Based upon such
recommendations, the Hearing Officer may deny such petition. [Ord. 2013-001]
As soon as practicable
after submission of a petition for compensation, but no later than 90 days, by
an owner or operator of an activity, the Hearing Officer shall hold a hearing
to determine the eligibility of the activity for compensation pursuant to this
Chapter. The Hearing Officer may extend the 90-day period for good cause based
on the request of the Petitioner, PBC, or on its own initiative. The Petitioner
shall be given written notice by certified mail or hand delivery of such
hearing at least 30 days prior to the hearing. At least ten days prior to the
hearing, the Petitioner and PBC shall exchange names and addresses of witnesses
and copies of all documentary evidence intended to be used at the hearing. Formal
rules of evidence shall not apply to such hearing, but fundamental due process
shall be observed and shall govern the proceedings. The Petitioner and PBC
shall have the right to: [Ord. 2013-001]
1. Call and examine witnesses;
2. Introduce exhibits;
3. Cross examine witnesses on any relevant
matter;
4. Rebut the evidence; and,
5. Be represented by counsel.
In determining whether
the Petitioner is eligible for compensation for cessation or moving, the
Hearing Officer shall consider:
a. Whether a reasonable, cost-effective
alternative to cessation or moving of operations exists for complying with this
Chapter, including reconfiguring of the wellfield. The Petitioner, with the
cooperation of ERM and the affected public utility, shall address the issue of
reconfiguration; [Ord. 2013-001]
b. Whether the requirements of this Chapter were
the sole reason for cessation or moving of the operation; [Ord. 2013-001]
c. Past environmental record; and,
d. Efforts to mitigate financial impact of this
Chapter and these corresponding regulations.
a. Costs
The owner or operator
of an affected activity may be paid the actual reasonable cost of relocation
within PBC, such amount to include the cost of: [Ord. 2013-001]
1) Dismantling operation;
2) Actual moving;
3) Reassembling equipment;
4) Installation of equipment;
5) Internal connection of utilities to
equipment;
6) Minor modification of site to accommodate
operation, specifically excluding structural changes to the building or paving
and drainage requirements at the site;
7) Any losses caused by the necessity of
terminating a lease, such compensation not to exceed three months’ rent. [Ord. 2013-001]
b. Documentation of Costs
The eligible costs for
actual reasonable relocation expenses shall be supported by two itemized and
sealed bids and a detailed listing of the claimed items. The amount to be paid
shall not exceed the lower of the two bids. In order to verify such
information, ERM shall have the right to enter the activity's premises at
reasonable times. Such bids and detailed listing of the cost shall be verified
by ERM.
c. Self-Moves
In the case of a self-move
the owner of a relocated activity may be paid the lower of two sealed and
itemized bids from licensed moving companies based on a detailed listing of the
cost.
Actual direct losses of
tangible personal property are allowed when a person closes or relocates an
activity. Payment may only be made after a diligent effort is made by the owner
to sell the item(s) involved.
a. If the activity is to be reestablished and an
item of property to be used therewith is not moved but promptly replaced with a
comparable item at the new site, reimbursement shall be either:
1) Replacement cost, taking into account depreciation,
less the proceeds of the sale. Present value based on accepted standards in the
related business community may be substituted for net proceeds of a sale where
applicable; or
2) Estimated cost of moving the item to the
replacement site within the geographic boundaries of PBC.
b. If a sale is not affected because no offer is
received and the item is abandoned, payment for the loss may be its fair market
value for continued use at its existing location plus the costs of the
attempted sale, less the equipment's salvage value.
In lieu of the payments
described in Art. 14.B.9.F.1, Actual Reasonable
Relocation Expenses and Art. 14.B.9.F.2, Actual Direct Losses of
Tangible Personal Property,
an owner of a discontinued activity may be eligible to receive a payment equal
to 75 percent of the estimated reasonable cost of moving the activity within
PBC, except that such payment shall not be more than the lower of two sealed
and itemized bids, provided the following requirements are met:
a. For the owner of an affected activity to be
entitled to this payment, the Hearing Officer must determine that the business
cannot be relocated without a substantial loss of its existing patronage. Such
determination shall be made by the Hearing Officer only after consideration of
all pertinent circumstances, including, but not limited to, the following
factors:
1) The type of business conducted by the
displaced activity;
2) The nature of the clientele of the displaced
activity;
3) The relative importance of the present
location to the displaced activity; and,
4) The additional costs which would have to be
incurred to move the activity due to changed circumstances or applicable laws,
ordinances, or regulations.
b. For the owner or operator of an affected
activity to be entitled to his or her payment, information must be provided to
support the estimated moving costs. Such proof shall consist of two sealed bids
from licensed moving companies based on a detailed inventory of the items which
would be moved.
The following expenses
are considered ineligible for payment as “actual” moving expenses:
a. Additional expenses incurred because of
moving to and living in a new location including search cost for finding a new
dwelling;
b. Cost of moving structures, improvements, or
other real property in which the displaced activity reserved ownership;
c. Significant changes in building structure but
not including minor electrical, plumbing, or carpentry work;
d. Cost of improvement to activity made after
such activity was on notice that it is affected by this Chapter and would have
to cease or alter an operation in Zone 1;
e. Interest on loans to cover moving expenses;
f. Loss of goodwill;
g. Loss of business or profits or both;
h. Loss of trained employees; and,
i. Cost of preparing the petition for
compensation.
PBC shall disperse 85
percent of the compensation to be paid as determined by the Hearing Officer in
advance of any move or change of operation. PBC shall retain 15 percent of the
monies authorized as compensation for economic impact of this Chapter until
such time as the affected activity has carried out the procedures outlined in
its petition for compensation and provides evidence of such expenditures. Upon
receipt of payment of compensation as provided in this Chapter, the recipient
shall execute a release in favor of PBC from any further obligation to the
recipient with regard to the economic impact of this Chapter on the recipient
or activity.
PBC or the Petitioner
seeking compensation under this Section may appeal the final decision of the
Hearing Officer by filing a Petition for Writ of Certiorari in the Fifteenth
Judicial Circuit Court in and for PBC. [Ord. 2013-001]
In the event, there
is a change of ownership, a new lease, or an assignment of a lease, a sublease,
or any other change in regard to the person conducting the operation regulated,
ERM shall be notified and upon payment of the appropriate fee and completion of
processing of an application by ERM, the wellfield protection operating permit
shall be transferred.
ERM shall not
disclose any trade secrets of the Applicant or permittee that are exempted from
such disclosure by Federal or State law; provided, however, the burden shall be
on the Applicant or permittee to demonstrate entitlement to such nondisclosure.
Decisions by ERM as to such entitlement shall be subject to challenge by the Applicant
or permittee by filing a petition with the Hearing Officer pursuant to Art. 14.C.11, Appeals.
All Applicants for a wellfield
protection operating or closure permit shall pay a non-refundable filing fee as
established by the approved Fee Schedule. The fee shall be provided at the time
of acceptance of the permit application.
The fee for a wellfield
protection operating permit including any permit obtained pursuant to the general
exemptions set forth in Art. 14.B.5.A, General Exemptions, of this Chapter as established by the
approved Fee Schedule. The operating fee shall be used to defray the cost of
administering this Chapter.
The fee for a closure permit
under this regulation shall be one-half of the fee for the wellfield protection
operating permit as established by the approved Fee Schedule.
The fee for transfer of
an operating permit or closure permit shall be as established by the approved
Fee Schedule to defray the cost of processing the transfer. Application for
Transfer of Permit is to be made within 60 days of transfer of ownership of the
activity.
A fee shall be required
for any person seeking a special exemption as established by the approved Fee
Schedule.
A fee shall be required
for any person seeking a general exemption as established by the approved Fee
Schedule.
The fee for annually
renewing the permit established by the approved Fee Schedule, shall be used to
defray the cost of administering this Chapter. Beginning October 2, 1990, all
permittees shall pay an annual permit renewal fee for each permitted facility.
A late fee as
established by the approved Fee Schedule, shall be paid to ERM if the
application for permit or renewal is late.
Any permit issued under
the provisions of this Chapter shall not become vested in the permittee. ERM
may revoke any permit issued by it by first issuing a written notice of intent
to revoke (certified mail return receipt requested, or hand delivery) if it
finds that the permit holder:
1. Has failed or refused to comply with any of
the provisions of this Chapter, including but not limited to permit conditions
and bond requirements of Art. 14.B.7.B.4, Bond Required, herein;
2. Has submitted false or inaccurate information
in this application;
3. Has failed to submit operational reports or
other information required by this Chapter;
4. Has refused lawful inspection under Art. 14.B.7.A.4,
General; or, [Ord. 2005-002]
5. Is subject to revocation under Art. 14.B.6.C.2.b.11), Revocation or
Revision for Spill, Art. 14.B.6.C.3.b.6), Revocation or Revision
for Spill, or Art. 14.B.6.C.4.b.3), Revocation or Revision
for Spill, of Art. 14.B.13.C, Spills.
ERM may revise any
permit pursuant to Art.
14.B.6.C.2.b.11), Revocation or Revision for Spill, Art.
14.B.6.C.3.b.6), Revocation or Revision for Spill, and Art. 14.B.6.C.4.b.3),
Revocation or Revision for Spill, first issuing a written notice of intent to revise (certified mail
return receipt requested, or hand delivery).
In addition to the
provisions of Art.
14.B.6.C.2.b.11), Revocation or Revision for Spill, Art.
14.B.6.C.3.b.6), Revocation or Revision for Spill, and Art.
14.B.6.C.4.b.3), Revocation or Revision for Spill, within 30 days of acquiring knowledge of
any spill of a Regulated Substance in a wellfield zone, ERM shall consider
revocation or revision of the permit. Upon such consideration, ERM may issue a
notice of intent to revoke or revise, which shall be subject to the appeal
provisions of this Chapter, or elect not to issue such notice. In consideration
of whether to revoke or revise the permit, ERM may consider the intentional
nature or degree of negligence, if any, associated with this spill, and the
extent to which containment or clean-up is possible, the nature, number, and
frequency of previous spills by the permittee, and the potential degree of harm
to the groundwater and surrounding wells due to such spill.
For any revocation or
revision by ERM of a special exemption or general exemption that requires an operating
permit as provided under the terms of this Chapter, ERM shall issue a notice of
intent to revoke or revise which shall contain the intent to revoke or revise
both the applicable exemption and the accompanying operating permit.
The written notice of
intent to revoke or revise shall contain the following information:
1. The name and address of the permittee, if
any, and Property Owner, if different;
2. A description of the facility which is the
subject of the proposed revocation or revision;
3. Location of the spill, if any;
4. Concise explanation and specific reasons for
the proposed revocation or revision; and,
5. A statement that “Failure to appeal a notice
of intent to revoke or revise, within 20 days after the date upon which permittee
receives written notice pursuant to Article 14.C.11, Appeals, shall render the
proposed revocation or revision final and in full force and effect.”
Failure of permittee to
file a petition in accordance with the appeal provisions of this Chapter shall
render the proposed revocation or revision final and in full force and effect.
Nothing in this Chapter
shall preclude or be deemed a condition precedent to ERM seeking a temporary or
permanent injunction.
Failure to comply with
the requirements of this Chapter or any permit, exemption, or approval granted
or authorized hereunder shall constitute a violation of this Chapter.
The GNRPB shall
hear violations of this Chapter pursuant to Art. 10.C, Groundwater and Natural Resources
Protection Board. Violations
of this Chapter may be referred by ERM to the GNRPB for corrective actions and
civil penalties.
In addition to the
enforcement procedures set forth above, violations of the provisions of this
Chapter may be enforced pursuant to F.S. § 125.69. Such violations may be deemed a separate
offense for each day during any portion of which any violation is committed or
continued. In addition to the sanctions contained herein, PBC may take any
other appropriate legal action, including but not limited to, administrative
action and requests for temporary and permanent injunctions, to enforce the
provisions of this Chapter. It is the purpose of this Chapter to provide
additional cumulative remedies.
Funds collected
pursuant to administrative penalties levied by the GNRPB for violations of this
Chapter shall be deposited in the PBC Pollution Recovery Trust Fund.
The goals of this
Chapter are:
1. To avoid the unnecessary destruction of
native vegetation;
2. To pursue eradication of invasive non-native
vegetation;
3. To minimize adverse impacts to native
vegetation during parcel improvement;
4. To mitigate the removal of native vegetation
when the vegetation cannot be preserved in place or relocated under the
proposed Site Plan; and,
5. To relocate any movable native vegetation
that cannot be incorporated into the Site Plan to a PBC-approved parcel.
See Art. 1.H, Definitions and Acronyms.
A. This Chapter shall:
1. Establish a program to preserve and protect
native vegetation; and [Ord. 2008-040]
2. Prohibit the unnecessary destruction of
native vegetation and require the eradication of invasive non-native
vegetation. [Ord. 2008-040]
A. This Chapter shall apply
within the unincorporated areas of PBC, Florida.
B. PBC shall have regulatory
authority over the alteration or removal of non-native and native upland
vegetation, and the establishment and maintenance of upland preserve areas.
C. Terms specific to this Chapter are defined
in Art. 1.H, Definitions and Acronyms. Terms not
defined in this Chapter shall be defined pursuant to Chapter 62, F.A.C., the document
entitled, “Basis of Review” (BOR), as amended, for applications within the
South Florida Water Management District, dated November 1996, and Art. 1.H, Definitions and Acronyms, of this Code, as may be amended from time to
time. In the event that a term is defined in Chapter 62, F.A.C., or the BOR, the
BOR shall prevail. [Ord. 2008-040]
D. Vegetation subject to the authority of this Article is defined as
native plant species that are located on the site through natural recruitment,
specimen native trees, or naturalized vegetation. Trees planted as a result of
the requirements of Art.
7, Landscaping are not subject to this Article. [Ord. 2021-023]
This Chapter is
adopted under the authority of F.S. ch. 125, as amended, and the Plan, as amended. [Ord. 2008-040]
No person may alter
or cause to be altered any vegetation unless such alteration is exempted by, or
expressly approved by this Chapter.
The application process and procedure set herein apply to the
requirements for a Protection of Native Vegetation (PNV) approval. The
applications shall be submitted to ERM and in a manner and forms established by
ERM, unless otherwise stated herein. ERM shall review all applications that
require preservation of existing vegetation. [Ord. 2021-023]
All newly constructed Single
Family Dwellings (SFDs) in a residential subdivision shall automatically
receive a Building Division Residential 1 & 2 Family Checklist with
standard native and non-native vegetation removal conditions as part of the Building
Permit process. For the purposes of this Chapter, a Single Family (SF)
residential parcel includes: SFD; Zero Lot Line; and, Townhouse or Multifamily
two-unit (duplex) residences and associated accessory structures, and shall
comply with the following standards: [Ord. 2008-040] [Ord. 2012-027] [Ord.
2018-018] [Ord. 2021-023]
1. Removal of native vegetation shall be limited
to the minimum necessary to accomplish the purpose of the Site Plan. The
Building Division Checklist shall include requirements that ensure the intent
of this provision is implemented. [Ord.
2008-040] [Ord. 2018-018]
2. Removal or eradication of prohibited invasive
non-native vegetation, as identified in Appendix 5, Prohibited Invasive Non-Native
Vegetation, and Appendix 6, Invasive Non-Native Vegetation, shall be completed for the entire parcel
or parcels of the Development Order prior to receipt of the CO. Planting or
installation of vegetation identified in Appendix 5, Prohibited Invasive Non-Native
Vegetation, and Appendix 6, Invasive Non-Native Vegetation, is prohibited. The parcel owner shall
maintain the parcel free of prohibited vegetation. No additional permit for
such maintenance of vegetation shall be required. [Ord. 2005-002] [Ord. 2006-004] [Ord. 2021-023]
Notwithstanding
anything in this Chapter to the contrary, all vegetation removal permits for SF
residential parcels in existence as of the date of the adoption of this Chapter
are void and of no effect, and all pending enforcement actions related thereto
are dismissed. SF residential parcel owners are encouraged to maintain
preserved native vegetation after site development is completed and to minimize
the removal of native vegetation damaged by an extreme weather event such as a
storm, hurricane, or other natural disaster. [Ord. 2008-040] [Ord. 2014-001]
[Ord. 2021-023]
The following uses and construction shall comply with this
Subsection, unless exempted by State Law for Building Permits: [Ord. 2021-023]
a. MF residential
over two units; [Ord. 2021-023]
b. Commercial or
industrial projects; [Ord. 2021-023]
c. Construction of
utilities, road right-of-way, and canals; [Ord. 2021-023]
d. Schools; [Ord.
2021-023]
e. Government
projects; [Ord. 2021-023]
f. Agricultural
uses ten acres in size or greater; and, [Ord. 2021-023]
g. Other
construction, unless exempted by Art. 14.C.8, Exemptions.
[Ord.
2021-023]
a. PZB Development Permit
The Applicant shall meet with ERM and Zoning Staff, pursuant to
the requirements of Art. 7.E.2.A,
Pre-Application Appointment (PAA). Staff will determine whether ERM or
Zoning is the appropriate regulatory authority for the existing native
vegetation on the subject parcel. The regulatory authority for the trees shall
be established prior to the sufficiency determination on the Tree Disposition
approved by ERM and the Zoning Division. [Ord. 2021-023]
b. Any Other Application Requiring
ERM Review of Vegetation
These applications shall follow the requirements and standards
of the provisions below: [Ord. 2021-023]
a. The Applicant shall submit an application to
ERM for a PNV approval if native vegetation will be impacted by site
development, concurrently with a Final Site Plan or Administrative Review
application. The Applicant shall meet with ERM Staff prior to the submittal of
the PNV application pursuant to the requirements of this Chapter. Projects that
are not subject to the Final Site Plan or Administrative Review application
processes, must submit an application for approval to remove native vegetation
to ERM concurrently with an application for an initial Building Permit for the
project. [Ord. 2008-040] [Ord. 2009-040]
[Ord. 2014-001] [Ord. 2021-023]
b. An application shall not be deemed complete
until the application fee and all information necessary to fully understand the
extent, nature, and potential impacts of a proposed project are received by ERM
and approved by ERM prior to approval of a Zoning application or
Building Permit application. Any
additional information for an application deemed insufficient at DRO meeting
will not be approved until the next scheduled DRO meeting. Such information may
include, but is not limited to: [Ord.
2008-040] [Ord. 2021-023]
1) A completed application form with the
notarized signature of the parcel owner or authorized agent of the parcel
owner; [Ord. 2008-040]
2) A written explanation of the need and intent
of the project and a description of construction or alteration methodologies; [Ord. 2008-040]
3) A certified Site Plan or survey, where
applicable, showing all easements. Both plan view and cross sectional view
sketches may be required; [Ord.
2008-040]
4) Parcel information including a location map,
a recent aerial photograph with the parcel clearly delineated, and
representative color photographs; [Ord.
2008-040]
5) Identification of the type and location of
native vegetation in the vicinity of, and likely to be affected by the project;
[Ord. 2008-040]
6) An Incorporated Vegetation Plan which
graphically depicts the location and field tag number for each native vegetation
to remain undisturbed on the parcel during construction and the natural life of
the vegetation. The Incorporated Vegetation Plan may also be required to be
incorporated as a feature of the Site Plan; [Ord. 2008-040] [Ord. 2021-023]
7) A Vegetation Disposition Chart
of all native trees/palms surveyed, indicating the type of tree/palm, the DBH
or height of clear trunk if palm, and whether the parcel owner proposes to keep
the tree/palm in place, relocate it, offer it for surplus, remove it, or
mitigate for its removal. The
Vegetation Disposition Chart shall list all native Canopy trees with the DBH
equal to or greater than six inches, with the exception of Dahoon Holly (Ilex cassine) that shall be measured at
DBH equal to or greater than four inches, and native palms with trunk heights
equal to or greater than eight feet; [Ord. 2008-040] [Ord. 2021-023]
8) A recent
certified survey overlaid with existing easements, the proposed improvements,
and the native vegetation, which has been identified and certified by an
Environmental Professional; [Ord. 2021-023]
9) A completed Vegetation Surplus Form which
identifies surplus native vegetation which the parcel owner determines cannot
otherwise be used on the parcel and is providing for the use of the Surplus
Vegetation Program; and, [Ord. 2008-040]
10) Methods of stormwater pollution prevention if
construction of the project may result in an area of exposed soil greater than one
acre subject to Federal National Pollution Discharge Elimination System (NPDES)
stormwater regulations, a copy of the on-site Stormwater Pollution Prevention
Plan shall be submitted as part of the application for approval. [Ord. 2008-037]
c. Any application received that is
substantially the same as a previous application that has been denied by ERM
subsequent to the effective date of this Chapter shall be denied with a written
response provided to the Applicant stating the reason for denial. [Ord. 2008-040]
d. Any parcel where a violation of any Chapter
administered by ERM has occurred, shall not be eligible for approval under this
Chapter until such violation has been resolved. [Ord. 2008-040]
e. Any application containing false information,
or any approval issued based upon false information, may be denied or revoked
and may subject the Applicant to enforcement proceedings pursuant to Art. 10, Enforcement,
of this Code. [Ord. 2008-040]
f. ERM shall have the right to make inspections
of construction areas at reasonable times to determine compliance with this
Chapter. [Ord. 2008-037]
g. A pre-clearing
meeting between ERM, the general contractor, and land clearing subcontractor to
review the conditions within the PNV and Best Management Practices shall be
required at least two business days prior to the commencement of land clearing
activities unless ERM has waived the requirement in writing. [Ord. 2021-023]
No approval shall be
issued unless the application demonstrates that the project: [Ord. 2008-040]
a. Will not result in a net loss of wetland
functions and values; [Ord. 2008-040]
b. Complies with water quality rules and standards
set forth in Chapter 62-302, F.A.C.; [Ord.
2008-040]
c. Will not adversely affect the conservation of
fish or wildlife or their habitats, or adversely affect recreational fisheries
or their habitats; [Ord. 2008-040]
d. Will not adversely impact endangered or
threatened species, and species of special concern, or their habitat; [Ord. 2008-040]
e. Incorporates into the design
alternatives and modifications to avoid or minimize impacts to native
vegetation. Existing native vegetation shall be incorporated into the Site Plan
and protected during construction. Parcel improvement features shall be
configured to minimize removal of existing native vegetation and maximize the
use of areas dominated by prohibited and invasive non-native vegetation. Existing
native vegetation that cannot be preserved in place shall be relocated to
appropriate buffer and open space areas on the parcel. Relocatable native
vegetation that cannot be incorporated into the parcel may be considered
surplus. There is no requirement to provide vegetation for surplus. Non-relocatable
native vegetation with trunk diameters equal to or greater than six inches that
cannot be maintained on the parcel shall be mitigated in accordance with Table
14.C.7.B, Native Vegetation Mitigation or through planting equivalent
native vegetation, accepted by ERM prior to the receipt of the Certificate of
Occupancy for Single Family projects or 75 percent completion of construction
of Multifamily projects, based on either total square footage or number of
units to be constructed. Native palms with gray wood equal to or greater than eight
feet that cannot be relocated must be replaced with native palms of like size. A
planting plan that clearly delineates proposed mitigation plantings from any
required landscape plantings must be approved by ERM prior to the issuance of
the first Building Permit for the project. [Ord. 2008-037] [Ord. 2008-040]
[Ord. 2009-040] [Ord.
2018-018] [Ord. 2021-023]
f. ERM shall also consider: [Ord. 2005-002] [Ord. 2008-003]
1) Alternative designs to limit the removal of
native vegetation to the minimum necessary while still allowing the Applicant
to accomplish the purpose of the Site Plan; [Ord. 2008-040]
2) Preserving listed species in place or
relocating to buffers, open space, or unimproved portions of the parcel; [Ord. 2008-040]
3) The likelihood of success for relocated
native vegetation; [Ord. 2008-040]
4) Mitigation or compensation for the loss of
native vegetation; [Ord. 2008-040]
5) Creation of a tree preservation area; [Ord. 2008-040]
6) In lieu of replacement planting, when on-site
mitigation has been exhausted or is unavailable, a donation may be made to PBC
for the Natural Areas Fund unless an alternative plan that meets the purpose
and intent of this Chapter has been approved by the Director of ERM. The
donation amount shall be based on the cost schedule provided in ERM PPM
#EV-O-308; [Ord. 2006-036] [Ord.
2008-037] [Ord. 2012-027] [Ord. 2021-023]
7) Sabal palms may be allowed as replacement
plantings for Canopy trees if approved by ERM and planted at three-to-one
(palms-to-required replacement trees) based on Table 14.C.7.B, Native Vegetation Mitigation, on ten-foot centers, plus or minus one foot,
and grouped as shown on a planting plan table approved by ERM. [Ord. 2006-036] [Ord. 2008-040] [Ord.
2021-023]
g. Complies with any applicable Federal, State,
or Local designated preserve, conservation, or mitigation area; [Ord. 2008-040]
h. Removes or eradicates
prohibited invasive non-native vegetation, as identified in Appendix 5,
Prohibited Invasive Non-Native Vegetation, and Appendix 6,
Invasive Non-Native Vegetation, shall be completed for the entire parcel
or parcels of the Development Order prior to receipt of the CO. Planting or
installation of vegetation identified in Appendix 5,
Prohibited Invasive Non-Native Vegetation, and Appendix 6,
Invasive Non-Native Vegetation, is prohibited. The parcel owner shall
maintain the parcel free of prohibited vegetation. No additional permit for
such maintenance of vegetation shall be required. [Ord. 2005-002] [Ord. 2006-004] [Ord. 2008-040]
i. Specimen Tree Removal
Removal of any specimen tree (defined in Art. 1.H.2, Definitions)
from non-exempt parcels identified in Appendix 7, Specimen
Tree List, is prohibited, unless the following criteria are met: [Ord.
2021-023]
1) The Applicant
shall depict on the Site or Subdivision Plan any specimen tree in its original
location to the greatest extent possible; [Ord. 2021-023]
a) If there is no
reasonable alternative that allows incorporation of the tree into the parcel
design, a specimen tree shall be relocated in a manner to ensure survivability.
The Applicant shall provide appropriate documentation (e.g., an Arborist
Report), prepared by an Arborist, certified by the International Society of
Arboriculture, to ERM for review. [Ord.
2021-023]
b) If a specimen
tree cannot be relocated, the parcel owner shall install mitigation plantings
consisting of native vegetation pursuant to Table 14.C.7.B,
Native Vegetation Mitigation. This requirement is in addition to the
requirements outlined in Art.
7, Landscaping, and any other Conditions of Approval. [Ord. 2021-023]
2) Dahoon Holly (Ilex cassine) trees shall be replaced
like size for like size for mitigation. [Ord. 2021-023]
All approvals for
parcels equal to or greater than four acres shall be evaluated by ERM for the
establishment of a native upland preserve. Parcels that have significant or
unique areas of native upland vegetation, regardless of parcel size shall be
required to designate a native upland preserve equivalent to at least 25
percent of the total native upland vegetation on site or otherwise comply with
this Chapter. ERM encourages upland preserve areas greater than one-half acre
in size. New public park facilities constructed on parcels 20 acres in size or
less shall be exempt from the preserve requirements of this Chapter.
The Applicant shall
provide an environmental assessment prepared by an environmental professional
for parcels with significant or unique areas of native vegetation at time of
initial application to determine the native upland preserve location, size, and
configuration for evaluation by ERM. The Applicant is encouraged to meet with
ERM to determine the extent of the assessment. The assessment shall include the
following with photo documentation, at a minimum: Florida Land Use and Cover
Classification System (FLUCCS) map, a list of native species, quality of the
native ecosystem, overall identification and quality of the native species,
presence of listed species, ecosystem type, uniqueness of wildlife habitat,
quality and quantity of native vegetation (canopy, understory, and ground cover),
compactness of the preserve, and the proximity to other natural preserve areas
and corridors. [Ord. 2019-034]
a. The preserve boundaries shall be designated
in a certified survey submitted to ERM for approval. No easements may be
located within the boundaries of the preserve. Prior to and during parcel
alteration, the preserve boundaries shall be clearly marked and appropriately
barricaded. Permanent preserve boundary markers shall be installed and proper
documentation submitted to ERM prior to issuance of Technical Compliance or
monitoring release, if applicable, and shall be maintained by the parcel owner
in compliance with the approved Preserve Management Plan. The County may
release the preserve if the Applicant offers to relocate the preserve to an
area that meets the criteria in Art. 14.C.7.B.6, Surplus Native Vegetation. [Ord.
2008-040] [Ord. 2019-034]
b. The parcel owner shall develop a Preserve Management
Plan to provide long-term protection and maintenance of the values and
functions of the preserve. Activities that cause degradation of the preserve
are prohibited. The Preserve Management Plan shall be accepted by ERM prior to
a DRO certification. ERM may provide Preserve Management Plan Guidelines. The
parcel owner shall maintain the preserve in accordance with the Preserve
Management Plan. The Preserve Management Plan will include the requirement to
maintain annual reports detailing species presences, control practices for
prohibited and invasive non-native species, activity corrections to maintain
compliance with the Plan, and photographs demonstrating the state of the
preserve. Said annual reports shall be delivered to ERM within 90 days upon written
request, unless extended by ERM in writing. Modifications to the Preserve
Management Plan are prohibited without prior written approval by ERM. [Ord. 2008-040] [Ord. 2019-034]
c. Preserve areas shall be identified
graphically and legally described in the applicable deed restriction plat,
restrictive covenant, conservation easement, or by a separate instrument to be
recorded pursuant to F.S. § 704.06, as amended. Said preserve shall be
specifically and separately reserved to the owner, or if applicable, to the
Property Owners' Association as its perpetual maintenance responsibility,
without recourse to PBC or other governmental entity or agency. Prior to Technical
Compliance, the plat or instrument shall be submitted to and approved by ERM,
recorded in the Public Records of PBC, and proof of recordation shall be
provided to ERM. Parcel owners are encouraged to dedicate voluntary preserves
to PBC for preservation in perpetuity. PBC may enter into agreements with
parcel owners to enhance private preserves. [Ord. 2008-040]
d. All vegetation listed in Appendix 5, Prohibited Invasive Non-Native
Vegetation, and Appendix 6, Invasive Non-Native Vegetation, shall be removed from the parcel and
proper documentation submitted to ERM prior to issuance of the Certificate of
Occupancy for single-unit projects or 75 percent completion of construction of
multi-unit projects, based on either total square footage or number of
buildings to be constructed, unless a Phasing Plan has been approved in writing
by ERM. In addition to the removal requirement above, the vegetation identified
in Appendix 8, Invasive Non-Native Vegetation
within Preserves, shall be
removed from the preserve area. The parcel owner shall thereafter maintain the
parcel free of this vegetation. [Ord.
2008-040] [Ord. 2009-040]
e. A parcel owner may mitigate for the loss of
vegetation during parcel improvement by preserving additional native upland
habitat or vegetation or by developing and implementing a restoration and
enhancement plan for a native upland preserve. Alternative mitigation proposals
that meet the purpose and intent of this Chapter may also be submitted. [Ord. 2008-040]
f. Preserves may be dedicated off site in lieu
of on-site dedication with ERM’s approval. The size of the off-site preserve
shall be based on the quality of the habitat or vegetation on both the parcel
being improved and the parcel of the proposed preserve. The final appraised
values of the parcel being improved and the parcel for the proposed preserve
may also be considered. The location of the off-site preserve shall be determined
prior to DRO. Prior to issuance of approval, the instrument used to dedicate an
off-site preserve shall be submitted to and approved by ERM. [Ord. 2008-040]
g. A preserve may be purchased in accordance
with the following: [Ord. 2008-040]
1) Parcels with existing and approved preserve
areas or that support endangered, threatened, rare, and species of special
concern will not be considered for a cash payment in lieu of dedicating a
preserve set aside. A parcel owner may submit a cash payment in lieu of setting
aside a native upland preserve provided the following criteria are met: [Ord. 2008-040] [Ord. 2019-034]
a) A written request shall be submitted to ERM
prior to DRO, certification for public hearing, Site Plan certification, or
issuance of a building construction permit, whichever occurs first; [Ord.
2008-040]
b) The cash payment shall be equivalent to the
per acre value of the parcel, at the time of permit application, multiplied by
the number of acres required to be preserved. PBC may request a second
appraisal on which to base this cash payment; and, [Ord. 2008-040] [Ord.
2010-022] [Ord. 2019-034]
c) The cash payment shall be made payable to the
PBC Natural Areas Fund and shall be submitted prior to issuance of the permit
or Site Plan certification, whichever occurs first. [Ord. 2008-040] [Ord.
2019-034]
2) For Bona Fide Agriculture, this cash payment
option may allow commencement of parcel improvement prior to submittal of the
cash payment provided: [Ord. 2008-040]
a) The parcel owner records a restricted
covenant on a PBC-approved form limiting the use of the parcel to Bona Fide Agriculture,
and requiring the parcel owner to make the cash payment to PBC at the time the
parcel is converted to a non-agricultural land use or is sold; [Ord.
2008-040]
b) The cash payment amount shall be calculated
based on the appraised conversion value or actual cost, if sold, whichever is
greater, of the parcel after conversion to a non-agricultural use; [Ord.
2008-040]
c) Upon any conversion of a parcel to
non-agricultural use where a deed restriction option is used, the parcel owner
shall comply with PBC requirements for an enhanced landscape buffer; [Ord.
2008-040]
d) The parcel owner considers increasing the
upland set aside to offset any mitigation on the parcel for trees as determined
by ERM; and, [Ord. 2008-040]
e) The parcel owner may consider replanting the
preserve, with appropriate vegetation, as determined by ERM in lieu of cash
payment. The constructed preserve shall comply with preserve standards as
required under Art. 14.C.7.B.3., Establishing Native Upland
Preserves. Monies collected
in lieu of establishing a preserve shall be paid to PBC for the Natural Areas
Fund for the management of native ecosystems. [Ord. 2008-040]
h. Tree Preservation Areas
Parcels less than four acres
or parcels greater than four acres with significant upland vegetation that may
not otherwise qualify for a 25 percent set-aside, may be required to provide
tree preservation area(s). Factors that will determine if a parcel has
significant areas of native vegetation include, but are not limited to the
quality of the ecosystem, overall quality of biological diversity, the presence
of listed or uncommon species, wildlife habitat value, value grouping of
assemblages of native vegetation, compactness of the area, and degree of
limited impact by prohibited and invasive non-native vegetation. [Ord. 2008-040]
i. Preserves shall be maintained in compliance
with standards set forth in this Chapter and the Preserve Management Plan. Non-native
vegetation shall not be introduced into the preserve. Invasive vegetation that
can alter the existing native vegetation communities by displacing native
vegetation shall be removed if non-native or reduced, if native, to a level of
non-interference with the growth of native vegetation. [Ord. 2008-040]
a. An Applicant may propose to
relocate a preserve under dedication to an alternate on-site or off-site parcel
provided the proposed parcel relocation does not create multiple preserves that
are smaller in size than the original preserve unless ERM determines the proposed
smaller preserve(s) meets or exceeds the quality and meets or exceeds the
quantity of the habitat or vegetation of the existing preserve parcel at the
time the dedication was approved by ERM and relocation does not create
fragmentation with any other natural system. The Applicant shall demonstrate
compliance with the approved Preserve Management Plan for the preserve under
dedication and provide an environmental assessment per Art.
14.C.7.B.3, Establishing Native Upland Preserves for the
proposed parcel for evaluation by ERM. If the original preserve is contiguous
to another natural system then the request will not be considered unless a more
favorable habitat is offered. [Ord. 2019-034]
b. A
preserve under dedication that has endangered, threatened, rare, and species of
special concern, other than gopher tortoises or any other species being
relocated under a Florida Fish and Wildlife Conservation Commission permit,
shall not be considered for relocation. [Ord. 2019-034]
c. A preserve
under dedication resulting from a violation or enforcement action shall not be
considered for relocation unless Art. 14.C.7.B.4.a and
Art. 14.C.7.B.4.b
are satisfied. [Ord. 2019-034]
A municipality may request that a preserve under dedication be
transferred to their jurisdiction provided: annexation has occurred, the County-approved
Site Plan development has not occurred, and the preserve under dedication is
not a result of an enforcement action or violation. [Ord. 2019-034]
Native upland vegetation
that cannot be preserved or relocated on the parcel shall be considered
surplus. An Applicant for an approval shall complete and attach to the
application a Vegetation Surplus Form provided by ERM, and a list of the
available vegetation including the species names and approximate quantity and
sizes of each species to be surplused. The Applicant shall prevent inadvertent
destruction by physically marking available vegetation on the parcel to afford
easy identification. ERM shall maintain a list of persons interested in
relocating surplus native vegetation, and shall assist in finding suitable
locations for this surplus vegetation. Should a parcel owner elect to
participate in the Vegetation Surplus program, the vegetation shall remain
available for removal, sale, or donation for at least 20 working days unless a
shorter timeframe is approved in writing by ERM, and the parcel owner shall
cooperate with relocating surplus vegetation off site. Should a parcel owner
elect not to participate in the benefits of the Vegetation Surplus program,
this fact shall be stated on the application. [Ord. 2008-040]
a. Process
A performance guarantee in an amount equal to 125 percent of the
replacement value of the trees listed on the approved Vegetation Disposition
Chart pursuant to ERM PPM #EV-O-308. [Ord. 2021-023]
b. Purpose and Intent
The purpose of the performance guarantee is to ensure that the
obligations under the PNV are satisfied. [Ord. 2021-023]
c. Execution
The performance guarantee shall be executed by a person with a
legal interest in the parcel. [Ord. 2021-023]
d. Form of Performance Guarantee
The performance guarantee shall be: [Ord. 2021-023]
1) A cash deposit
or certificate of deposit assigned to PBC; or [Ord. 2021-023]
2) A performance
bond issued by a State of Florida-registered guarantee company which shall be
listed on the U.S. Department of Treasury Fiscal Services, Bureau of Government
Financial Operations in accordance with the performance bond PPM; or [Ord.
2021-023]
3) A clean,
irrevocable letter of credit in accordance with the letter of credit PPM. [Ord.
2021-023]
e. Term of the Performance Guarantee
Duration
1) The performance
guarantee shall be kept in full force until all obligations thereunder are
satisfied. [Ord. 2021-023]
2) The performance
guarantee shall remain in effect until: [Ord. 2021-023]
a) such time that
all conditions listed in the PNV are satisfied; or [Ord. 2021-023]
b) a replacement
performance guarantee for transfer of ownership of the project in conjunction
with the transfer of the PNV approval issued for the project to another owner
is reviewed and approved on forms provided by ERM. [Ord. 2021-023]
f. Use of Performance Guarantee
In the event the PNV expires in advance of the completion of the
conditions specified in the PNV approval, and no written request is approved by
ERM for reinstatement within 30-calendar days of expiration, the Property Owner
of the parcel shall be found in violation of this Chapter, and a claim against
the guarantee shall be initiated consistent with the requirements outlined in
ERM PPM #EV-O-308. [Ord. 2021-023]
g. Exemptions
1) PBC projects
are exempt from the performance guarantee for tree mitigation or restoration. [Ord.
2021-023]
2) Projects whose
total performance guarantee value would be less than 1,000 dollars, are exempt
from the performance guarantee for tree mitigation and restoration. [Ord.
2021-023]
a. For replacement vegetation which dies other
than through a natural occurrence, the replacement value shall be that in Table 14.C.7.B, Native Vegetation Mitigation. Should replacement values not be found in
the Table, the vegetation shall be replaced like size for like size. When
native trees are removed or damaged contrary to written approval by ERM or when
trees that were to be preserved in place or relocated are damaged or destroyed
during activities conducted with ERM approval, they shall be mitigated at
double the rate shown in the Table 14.C.7.B, Native Vegetation Mitigation. The Vegetation Survey, Vegetation
Disposition Chart, and Final Landscape or Final ALP shall clearly identify
which vegetation is being preserved to satisfy the requirements of this
Article. ERM may approve the planting of native vegetation equivalents other
than the replacement values specified in Table 14.C.7.B, Native Vegetation Mitigation. [Ord.
2008-040] [Ord. 2009-040] [Ord. 2012-027] [Ord. 2021-023]
b. Alternative mitigation that meets the purpose
and intent of this Chapter may be proposed for public projects on a publicly-owned
parcel. Alternative mitigation proposals shall be reviewed and a determination
made by the County Administrator in consultation with the Director of ERM. [Ord. 2008-040]
c. All vegetation planted to meet
mitigation requirements shall be installed using best industry standards and
provided with mulch, irrigation, and required maintenance to ensure survival. [Ord. 2009-040] [Ord. 2019-034]
d. All mitigation shall occur and proper
documentation, in the form of a final planting plan, shall be submitted to ERM
prior to the Certificate of Occupancy for single-unit projects or 75 percent
completion of construction of multi-unit projects, based on either total square
footage or number of units to be constructed. [Ord. 2008-040] [Ord. 2009-040]
e. Any mitigation plantings found to have died
within 360 days of plantings shall be replaced. [Ord. 2009-040]
f. A letter of certification of planting
completion, that supports compliance with Art. 14.C.7.B.7.c
and Art. 14.C.7.B.2.h, submitted to ERM by the registered Landscape
Architect for the project prior to the issuance of the Certificate of Occupancy
shall substitute for any required final inspection. [Ord. 2009-040]
g. Any clearing activity after 1986 which cannot
provide evidence of approval will be required to restore nine trees per 1,500
square feet of cleared native vegetation. The restoration may be accomplished
through on-site planting of native trees or equivalent native vegetation
approved by ERM, a contribution to the Palm Beach County Natural Areas Fund
that is equivalent to nine trees per 1,500 square feet of removed native
vegetation, or the dedication of equivalent upland quality land area. [Ord. 2008-040] [Ord. 2009-040] [Ord. 2012-027]
h. Projects within the one-year monitoring
period may remove vegetation damaged by an extreme weather event such as a
storm, hurricane, or other natural disaster under an approval from ERM. Any
mitigation vegetation removed must be replanted within 365 days of the removal
date. [Ord. 2014-001]
No approval shall be
issued unless the application demonstrates that the project: [Ord. 2014-001]
1. Will not result in a net loss of wetland
functions and values;
2. Complies with water quality rules and standards
set forth in Chapter 62-302, F.A.C.;
3. Will not adversely affect the conservation of
fish or wildlife or their habitats, or adversely affect recreational fisheries
or their habitats;
4. Will not adversely impact endangered or
threatened species, and species of special concern, or their habitat;
5. Incorporates into the design alternatives and
modifications to avoid or minimize impacts to native vegetation; and,
6. Complies with any applicable Federal, State,
or Local designated preserve, conservation, or mitigation area.
The following
activities do not require an approval under this Chapter: [Ord. 2008-040]
After an initial
clearing performed in accordance with this Chapter, the following are exempt if
part of the ongoing activities of an existing operation: vegetation alteration
associated with subsequent harvesting activities and harvesting or alteration
of vegetation previously planted and cultivated for production as part of a
botanical garden, botanical research center, nursery, or agricultural
operation. This exemption does not allow for the removal of vegetation within
preserve areas or vegetated buffers. [Ord. 2012-027] [Ord. 2014-001]
The minimal removal of
trees or understory necessary to install a fence, provided that no tree three inches
or greater DBH is removed, the path cleared for the fence does not exceed five
feet in width, and native vegetation is removed solely by hand.
Selective tree removal
for forest management activities as defined in the current Forest Management
Plan as approved by the State of Florida Division of Forestry.
Removal of prohibited
and invasive non-native vegetation. The removal of dead and dying vegetation
and vegetation not subject to this Chapter is also exempt; provided, however,
the removal complies with Art. 7, Landscaping, as amended. [Ord. 2019-034]
Removal or alteration, from
an improved parcel, of native and non-native vegetation installed as landscape,
provided the activity complies with the requirements of Art. 7, Landscaping, as amended, and no removal or alteration
occurs from native upland vegetation buffers, preserves, or jurisdictional
wetlands. [Ord. 2021-023]
Removal of prohibited
and invasive non-native vegetation required pursuant to the Lot Clearing provision
in Art. 7, Landscaping, as amended, or at the direction of a
public law enforcement agency pursuant to necessary law enforcement activity.
Activities conducted
pursuant to a permit from SFWMD, Florida Department of Environmental
Protection, or ERM under F.S. ch. 403 and F.S. ch. 373, as amended, and Chapter 62-312, F.A.C. as amended, including activities approved
under an adopted Surface Water Improvement and Management Plan.
The provisions of this
Chapter may be suspended or waived by the Director of ERM during a period of
officially declared emergency, such as a hurricane, windstorm, tropical storm,
flood, or similar disaster.
Alterations of
vegetation pursuant to an adopted management plan for government maintained
parks, recreation areas, wildlife management areas, conservation areas, and
preserves, excluding new construction or parcel improvement.
Preserve management
activities provided that:
1. The preserve area is designated by deed
restriction, plat, restrictive covenant, or conservation easement and is
dedicated to a public entity or approved private conservation group for
preservation in perpetuity;
2. The activity furthers the natural values and
functions of the ecological communities present, such as clearing firebreaks
for prescribed burns or construction of fences; and,
3. The preserve area has a Preserve Management Plan
approved by ERM.
Pruning of native
vegetation in non-preserve areas in accordance with the American National
Standards Institute (ANSI), A300, pursuant to Art. 7.F, Installation and Maintenance as revised, to allow for healthy growth, to
promote safety, and to remove dead or dying vegetation, provided there is no
cutting back of limbs to a point between branch collars or buds larger than one
inch in diameter within the tree’s crown.
Alteration of
vegetation is permitted within drainage easements associated with repairs to or
maintenance of existing canal structures at the direction of water control districts,
or water management districts within drainage easements, where the vegetation
is interfering with drainage or services provided by the water control
districts or water management districts. Alteration of vegetation is permitted
within a utility easement, where the vegetation is interfering with services
provided by a utility. Alteration of vegetation is permitted within a road
R-O-W for normal maintenance activities. Alteration associated with new
construction is not an exempt activity.
The necessary removal
of vegetation by, or at the direction of, a State of Florida-licensed Professional
Surveyor and Mapper, Professional Geologist, or Professional Engineer to
conduct a survey or other required test, provided that no tree three inches or
greater DBH is removed, the path cleared does not exceed five feet in width,
and native vegetation is removed solely by hand. If necessary, soil sampling
with a vehicle equipped with a boring apparatus may clear a path not to exceed
the minimum width required to gain ingress and egress into the test sampling
area. [Ord. 2009-040]
Removal of native
vegetation with a replacement value of four trees or less, as defined in Table 7.E.3.C, Vegetation Credit and
Replacement. [Ord.
2012-027]
Relocation of up to ten native palm trees, provided that the
trees are relocated using best industry standards and provided with mulch,
irrigation, and required maintenance to ensure survival. The planting location
must be depicted on a Site Plan, survey, or other document format acceptable to
ERM. [Ord. 2012-027]
Initial clearing for an
agricultural operation less than ten acres is exempt, provided that the level
of clearing does not exceed the area for crop production. [Ord. 2014-001]
Q. Removal of native vegetation on a Single Family residential parcel
or a single two-unit duplex residential parcel without a recorded conservation easement.
[Ord. 2018-018]
Improved parcels
approved or constructed on or after April 28, 1986, shall be maintained free of
prohibited vegetation listed in Appendix 5, Prohibited Invasive Non-Native
Vegetation. [Ord. 2008-040]
Fees shall be
required as established by Resolution of the BCC. Fees shall be non-refundable
and non-transferable. An administrative fee may be required where projects
require specific detailed Site Plan assistance by PBC or where Site Plans
change after initial review. Application fees paid by check shall be payable to
the BCC. [Ord. 2008-040]
An Applicant for any
approval may appeal a final determination made by the Director of ERM to a
Hearing Officer as established in Art. 2.G.3.G, Hearing Officers, of this Code pursuant to this Chapter. The
Applicant shall comply with the following appeal procedures. [Ord. 2008-040]
A written appeal must
be made within 20 days of the Applicant's receipt of the decision by the
Director of ERM. The appeal must state with specificity the reasons for the
appeal and shall contain such data and documentation upon which the Applicant
seeks to rely. Failure to file within such timeframe shall constitute a waiver
of a person’s right of review by the Hearing Officer.
The appeal shall be reviewed
at a hearing by the Hearing Officer within 60 working days of ERM's receipt of
a request and a 50-dollar filing fee. The Applicant will receive notice of the
hearing no less than 15 working days in advance of the hearing. At the hearing,
the Hearing Officer shall provide the Applicant and the Director of ERM, or
their respective legal representatives, an opportunity to present testimony and
evidence, provided such information was part of the review before the Director
of ERM. All testimony shall be under oath and shall be recorded. The formal
rules of evidence shall not apply but fundamental due process shall be observed
and shall govern the proceedings. The Hearing Officer in his or her discretion,
may exclude irrelevant, immaterial, or unduly repetitious evidence, but all
conduct of their affairs shall be admissible, whether or not such evidence
would be admissible in a trial in the courts of the State of Florida. Any part
of the evidence may be received in written form. The Hearing Officer shall reverse
the decision of the Director of ERM only if there is substantial competent
evidence in the record that the Director of ERM erred in applying the standards
of this Chapter. The Hearing Officer shall enter a decision by written order
not less than ten days following conclusion of the hearing. The order shall
include findings of fact and conclusions of law and shall be deemed final
administrative action. An Applicant or ERM may appeal a final decision of the
appeals board within 30 days of the rendition of the decision. Such appeal
shall not be a hearing de novo, but
shall be a Petition for Writ of Certiorari in the Circuit Court of the
Fifteenth Judicial Circuit in and for PBC. The Court shall be limited to
appellate review of the record created before the Hearing Officer and may
assess a reasonable fee for the preparation of the record to be paid by the
Petitioner in accordance with F.S. § 119.07, as amended from time to time.
An Applicant or ERM may
appeal a final written order to the Circuit Court of the Fifteenth Judicial
Circuit in and for PBC. Such appeal shall not be a hearing de novo, but shall be a Petition for Writ of Certiorari and the
Court shall be limited to appellate review of the record created before the
Hearing Officer. PBC may assess a reasonable fee for the preparation of
the record to be paid by the Petitioner in accordance with F.S. § 119.07, as amended from
time to time.
A violation shall be:
1. The alteration or removal of one specimen
tree, or the alteration or removal of up to 1,500 square feet of native
vegetation without an approval from ERM, unless expressly exempt under this
Chapter. Alteration or removal of each additional specimen tree and alteration
of each additional 1,500 square feet of native vegetation or portion thereof in
violation of this Chapter shall constitute a separate and additional violation.
[Ord. 2008-040] [Ord. 2009-040] [Ord.
2021-023]
2. Failure to comply with a Condition of an Approval
issued by ERM pursuant to this Chapter or a requirement of a Preserve
Management Plan approved by ERM. Each condition or requirement violated and
each occurrence of a violation shall constitute as a separate violation. [Ord. 2008-040]
3. Failure to comply with the requirements of
this Chapter or any approval granted or activity authorized hereunder.
4. Failure to comply with an ERM Wetlands
Alteration Permit issued prior to the effective date of March 1, 1998.
5. Planting prohibited invasive non-native
vegetation.
6. Planting non-native vegetation within a
preserve.
7. Conversion of a parcel cleared for Bona Fide
Agriculture to another use prior to use as agriculture.
8. Introduction of structures, grade changes,
debris, or utilities into a preserve without approval by ERM. [Ord.
2006-036]
To enforce compliance with this Chapter, the County may issue a
cease and desist order or require that a Building Permit or CO be withheld. A
violation of this Chapter shall be punishable by one or more of the following: [Ord.
2008-040]
1. Violations
involving activities conducted without a valid PNV approval that may otherwise
have been permitted will require the submittal of a PNV application, the
appropriate application fee, and be subject to the remedies outlined in Art. 10, Enforcement of
the Code or other remedies pursuant to this Article; [Ord. 2021-023]
2. Activities
conducted with a valid PNV approval that are inconsistent with the stated
approval conditions and result in a need to modify the existing approval will
require an application to modify the PNV, the appropriate application fee, and
be subject to the remedies outlined in Art. 10, Enforcement of
the Code or other remedies pursuant to this Article; [Ord. 2021-023]
3. Remedies
outlined in Art. 10, Enforcement, of the
Code; [Ord. 2008-003] [Ord. 2008-040]
4. Any applicable remedies under F.S. ch. 125 and F.S. ch. 162, as amended; [Ord. 2008-003]
5. PBC may take
any other appropriate legal action, including but not limited to,
administrative action, and requests for temporary and permanent injunctions to
enforce the provisions of this Chapter; and, [Ord. 2008-003] [Ord.
2008-040]
6. ERM Wetlands
Alteration Permits issued prior to, and with obligations beyond the effective
date of this Chapter, shall remain in full force and effect. Accordingly, the
enforcement provisions herein shall apply to any violation of an ERM Wetlands
Alteration Permit issued prior to, and with obligations beyond, the effective
date of this Chapter, except that violations of Single Family dock permits
issued pursuant to the agreement between PBC and the USACOE (adopted as Resolution
No. R-89-120 and dated January 24, 1989), shall be referred to the USACOE, and
ERM Mangrove Trimming Permit violations shall be referred to the DEP. In the
event the DEP directs ERM to enforce a violation of a permit issued under the
mangrove delegation agreement between PBC and the DEP, dated January 21, 1997,
the enforcement provisions herein, in addition to any State-mandated
enforcement provisions, shall apply.
All monies collected as
civil penalties for violations of this Chapter shall be paid to PBC for the
Pollution Recovery Trust Fund.
1. Properties cleared after 1986 without an
approval will be required to restore nine trees per violation. The restoration
may be accomplished through on-site planting of native trees or equivalent
native vegetation approved by ERM, a contribution to the Palm Beach County
Natural Areas Fund that is equivalent to nine trees per violation, or the
dedication of equivalent upland quality land cleared. [Ord.
2008-040] [Ord. 2012-027] [Ord. 2019-034]
2. If a preserve
under dedication has degraded due to neglect or lack of compliance with the
approved Preserve Management Plan, the Property Owner shall provide a
restoration plan to ERM per Art. 14.C.12.D.a. Restoration
of the preserve may occur in phases as approved by ERM. [Ord. 2019-034]
Planned developments
shall be designed to mitigate the negative impacts of development intensity and
density upon natural areas as defined in PBC Ordinance No. 94-13, and parcels designated as preserve areas
according to this Chapter. Proposed development shall not negatively impact the
native ecosystem of any adjacent natural areas and shall comply with the
criteria established in this Article, for natural areas and other applicable environmental Ordinances. The Applicant
shall work in cooperation with the PZB and ERM to establish mutually acceptable
alternatives to protect the natural area, including but not limited to:
1. The prohibition of certain land uses; and
2. A reduction in the building intensity near
natural areas and preserve areas by the creation of a minimum 50-foot buffer
zone.
A 50-foot native vegetation buffer shall be preserved along the
Lake Worth Lagoon, and that portion of the Loxahatchee River which lies outside
the Jonathan Dickinson State Park Greenline Overlay, depicted on Map LU 3.1,
Special Planning Areas, of the Plan. The purpose of the native vegetation
buffer is to preserve native vegetation along the two waterways and to decrease
the impact of stormwater activities on the two waterways. Restrictions may be
imposed on development by ERM to conserve native vegetation within the buffer
and reduce hydrological impacts to the two waterways. [Ord. 2005-002]
a. If native vegetation
exists within the 50-foot conservation buffer, then restrictions may be imposed
by ERM within the buffer to address the following issues: [Ord. 2005-002]
1) Visual
encroachment;
2) Edge effects;
3) Exotic pest
plant invasions;
4) Interference
with prescribed burns in natural areas; [Ord. 2005-002]
b. If native
vegetation does not exist within the 50-foot buffer, then restrictions may be
imposed by ERM within the buffer to address the following issues: [Ord.
2005-002]
1) Hydrological impacts;
[Ord. 2005-002]
2) Any other
specific site development regulations required by this Code.
c. In addition to
any of the restrictions listed above, ERM may also require: [Ord. 2005-002]
1) development to
be clustered away from natural or preserve areas; or [Ord. 2005-002]
2) buffer or
preserve areas to be added adjacent to existing natural and preserve areas; or [Ord.
2005-002]
3) a combination
of these alternatives. [Ord. 2005-002]
ERM shall strive to minimize parcel alterations near natural and
preserve areas. [Ord. 2005-002]
d. The addition of
a buffer or preserve areas adjacent to existing natural areas and preserve
areas. Additionally, all effort shall be made to minimize parcel alterations
near natural areas and preserve areas.
A. It is the intent of this
Chapter to require removal and control of prohibited invasive non-native
vegetation.
B. It is the intent of this
Chapter to protect natural areas from unwanted seed sources from outside the
natural areas.
See Art. 1.H, Definitions and Acronyms.
A. All provisions of this Chapter
shall be effective within the unincorporated and incorporated areas of PBC,
except to the extent of conflict with a municipal ordinance, in which case the
municipal ordinance will prevail over this Chapter in accordance with Sec. 1-3, the PBC Charter.
This Chapter is adopted under the authority of F.S. ch. 125, and the Plan, as amended. ERM shall
administer the requirements of this Chapter. [Ord. 2008-040]
A. The County will establish by
geographical information system reference, a 500-foot buffer area around all
natural areas listed in Appendix 9, Natural Areas. Maps of the natural areas including
buffers shall be on file and maintained by ERM and made available to the
public. [Ord. 2008-040]
B. Natural areas acquired by the
BCC using the Conservation Lands Bond Fund shall be added to Appendix 9, Natural Areas pursuant to a duly noticed public hearing. [Ord. 2008-040]
C. Any individual, organization,
or governmental entity owning or controlling a natural area may request an
addition to Appendix 9, Natural Areas, by petitioning ERM. The petition shall
include a description and map of the proposed addition, written justification
for listing, a copy of the management plan, if available, and proof of notice
to parcel owners within the proposed buffer of the natural area. ERM-recommended
additions to Appendix 9, Natural Areas, or changes to the size of the buffer area
may be approved by the BCC following a duly noticed public hearing.
1. For publicly-owned natural areas, there is no
minimum size for listing.
2. For privately-owned natural areas, there must
be a minimum of ten acres of natural area unless determined by ERM to be a
highly significant natural area including scrub, wetlands, or mangrove
communities and maintained under a management plan approved or accepted by ERM.
A. By January 1, of
the applicable year provided on Appendix 10,
Prohibited Vegetation Removal Schedule, a parcel owner of a property
located within the 500-foot buffer area around each natural area listed in Appendix 9,
Natural Areas shall remove or caused to be removed or
eradicated, the prohibited invasive non-native vegetation as listed in Appendix 10,
Prohibited Vegetation Removal Schedule, unless an exemption is provided
under Art. 14.D.7,
Exemptions, of this Chapter. [Ord. 2008-040]
B. For parcels
located outside the 500-foot buffer area around each natural area listed in Appendix 9,
Natural Areas, a parcel owner shall remove or cause to be
removed old world climbing fern and air potato as listed in Appendix 10,
Prohibited Vegetation Removal Schedule, unless an exemption is provided
under Art. 14.D.7,
Exemptions, of this Chapter. [Ord. 2008-040]
C. Upon removal of prohibited
invasive non-native vegetation under this Chapter or any other Ordinance
requiring removal of this nuisance vegetation, the parcel owner shall maintain
the parcel free of prohibited invasive non-native vegetation.
D. In accordance with
Art. 14.C.9,
Removal of Prohibited Invasive Non-Native Vegetation, improved
parcels located in unincorporated Palm Beach County, approved or constructed on
or after April 28, 1986, shall be maintained free of prohibited vegetation
listed in Appendix 5,
Prohibited Invasive Non-Native Vegetation. The
applicable year as described in Art. 14.D.6.A and provided
in Appendix 10,
Prohibited Vegetation Removal Schedule, does not apply to these
parcels, instead parcel owners of these improved parcels shall immediately and
perpetually maintain them free of all prohibited invasive non-native vegetation.
[Ord. 2008-040] [Ord. 2009-040]
E. Planting or installation of
this vegetation is prohibited. [Ord.
2008-040]
A. For parcels impacted by
greater than 30 percent coverage of prohibited invasive non-native vegetation
or parcels containing 100 acres or greater in size, a management plan may be
approved by ERM to space the eradication rate over an extended period. To be
eligible for this approval, the management plan must be provided to, and
approved by ERM, and eradication begun prior to the required date for removal
or eradication of the prohibited invasive non-native vegetation addressed in
the plan.
B. For parcels or portions of
parcels that necessitate phased removal or eradication of prohibited invasive
non-native vegetation in response to a documented need for maintenance of
existing wildlife values, a management plan may be approved by ERM to extend
the time for removal.
A. Violations of this Chapter
shall be:
1. Failure of a parcel owner to remove or
eradicate vegetation in accordance with Art. 14.D.6.A and Art. 14.D.6.D,
Removal of Prohibited Invasive Non-Native Vegetation. [Ord. 2008-040] [Ord. 2009-040]
2. Failure of a parcel owner to maintain non-exempt
parcels free of prohibited invasive non-native vegetation in accordance with Art. 14.D.6.B, of
this Chapter.
3. Failure of a parcel owner to comply with a
noncompliance or notice of violation timeframe as described in Art. 14.D.8.B.3, and
Art. 14.D.8.B.4. [Ord.
2008-040]
B. The following are procedures
which are to be followed for compliance and enforcement with this Chapter:
1. Inspection of a parcel to determine the
possible location of prohibited invasive non-native vegetation.
2. Preparation and provision of an information
notice informing the parcel owner of prohibited invasive non-native vegetation
on the parcel and instructions for the removal or eradication of the vegetation
and a timeframe provided for compliance. A follow-up inspection is conducted.
3. Preparation and provision of a
noncompliance notice to the parcel owner concerning the possible violation of
this Chapter, including a stated timeframe of 30 days for compliance. [Ord. 2008-040]
4. Preparation and provision of a
notice of violation to the parcel owner concerning the possible violation of
this Chapter and failure to comply with the noncompliance notice, including a
stated timeframe of 30 days for compliance. [Ord. 2008-040]
5. Preparation and provision of a Notice of
Hearing to the parcel owner concerning the possible violation of this Chapter,
failure to comply with a notice of violation, and an order to appear before the
Groundwater and Natural Resources Protection Board (GNRPB).
6. The decision of the GNRPB, which may include
corrective actions and civil penalties in the maximum amount of 1,000 dollars
per day, per violation, shall be the final administrative action on behalf of
ERM and PBC. Any person who is a party to the proceeding before the GNRPB may
appeal to the Circuit Court of PBC in accordance with applicable Florida
Appellate Rules.
C. Additional remedies for
enforcement include any applicable remedies under F.S. ch. 125 and F.S. ch. 162, as amended, and other legal action,
including but not limited to, administrative action and requests for temporary
and permanent injunctions to enforce the provisions of this Chapter. [Ord. 2008-040]
D. In order to provide an
expeditious settlement that would be beneficial to the enforcement of this
Chapter and be in the best interest of the citizens of PBC, the Director of ERM
is authorized to enter into voluntary consent (settlement) agreements with
alleged violators. Any such agreement shall be a formal written consent
agreement between ERM on behalf of PBC, by and through its Director, and any
such alleged violators, and shall be approved as to form and legal sufficiency
by the County Attorney’s Office. The agreement can be entered into at any time
prior to the hearing before the GNRPB.
Such consent agreements may be conditioned upon a promise by the
alleged violator to:
a. Remove or eradicate prohibited invasive
non-native vegetation and maintain the parcel free of this vegetation, and
b. Remit payment of a monetary settlement not to
exceed the maximum amount allowed per violation, as set forth in this Chapter,
and
c. Remit payment for costs and expenses of PBC
for investigation and enforcement, and
d. Any other remedies and corrective action
deemed necessary and appropriate by the Director of ERM to ensure compliance
with this Chapter.
2. The consent agreement shall not serve as evidence
of a violation of this Chapter and shall expressly state that the alleged
violator neither admits nor denies culpability for the alleged violations by
entering into such agreement. In addition, prior to entering into any such
consent agreement, each alleged violator shall be apprised of the right to have
the matter heard by the GNRPB in accordance with the provisions of this
Chapter, and that execution of the agreement is not required.
3. The consent agreement shall be valid and
enforceable in a court of competent jurisdiction in PBC and shall abate any
enforcement proceedings available to ERM for so long as the terms and
conditions of such agreement are complied with. In the event the alleged
violator fails to comply with the terms and conditions set forth in the
executed agreement, the Director of ERM may either:
a. Consider the consent agreement void and
pursue any remedies available for enforcement of the applicable provisions of
this Chapter; or
b. Initiate legal proceedings for specific
performance of the consent agreement.
E. All monies collected pursuant
to violations of this Chapter whether from consent agreement or the GNRPB shall
be deposited in the PBC Pollution Recovery Trust Fund.
Acid and basic cleaning solutions
|
Laboratory chemicals
|
Antifreeze and coolants
|
Liquid storage batteries
|
Arsenic and arsenic compounds
|
Medical, pharmaceutical, dental, veterinary, and
hospital solutions
|
Bleaches and peroxides
|
Mercury and mercury compounds
|
Brake and transmission fluids
|
Metal finishing solutions
|
Brine solution
|
Oils
|
Casting and foundry chemicals
|
Paints, primers, thinners, dyes, stains, wood
preservatives, varnishing, and cleaning compounds
|
Caulking agents and sealants
|
Painting solvents
|
Cleaning solvents
|
PCBs
|
Corrosion and rust prevention solutions
|
Pesticides and herbicides
|
Cutting fluids
|
Plastic resins, plasticizer, and catalysts
|
Degreasing and parts cleaning solvents
|
Photo development chemicals
|
Disinfectants
|
Poisons
|
Electroplating solutions
|
Polishes
|
Explosives
|
Pool chemicals
|
Fertilizers
|
Processed dust and particulates
|
Fire extinguishing chemicals
|
Radioactive sources
|
Food processing wastes
|
Reagents and standards
|
Formaldehyde
|
Refrigerants
|
Fuels and additives
|
Roofing chemicals and sealers
|
Glues, adhesives, and resins
|
Sanitizers, disinfectants, bactericides, and
algaecides
|
Greases
|
Soaps, detergents, and surfactants
|
Hazardous waste
|
Solders and fluxes
|
Hydraulic fluid
|
Stripping compounds
|
Indicators
|
Tanning industry chemicals
|
Industrial and commercial janitorial supplies
|
Transformer and capacitor oils/fluids
|
Industrial process chemicals
|
Waste oils and antifreeze
|
Industrial sludges and still bottoms
|
Water and wastewater treatment chemicals
|
Inks, printing, and photocopying chemicals
|
|
Notes:
|
|
Substances
in this Table may be adjusted by ERM.
|
|
|
|
|
|
|
|
Cash Bond
|
$20,000
|
$10,000
|
$5,000
|
Permit Bond with Corporate Surety
|
$20,000
|
$10,000
|
$5,000
|
Letter of Credit
|
$20,000
|
$10,000
|
$5,000
|
Notes:
|
|
Amounts reflected in this Table are for each operating and closure permit
issued and may be adjusted by ERM.
|
|
|
|
|
|
A. The general contractor, or if none, the Property Owner, shall be
responsible for assuring that each contractor or subcontractor evaluates each
site before construction is initiated to determine if any site conditions may
pose particular problems for the handling of any Regulated Substances. For
instance, handling Regulated Substances in the proximity of water bodies or
wetlands may be improper.
B. If any Regulated Substances
are stored on the construction site during the construction process, they shall
be stored in a location and manner which will minimize any possible risk of
release to the environment. Any storage container of 55 gallons, or 440 pounds,
or more containing Regulated Substances shall have constructed below it an
impervious containment system constructed of materials of sufficient thickness,
density, and composition that will prevent the discharge to the land,
groundwaters, or surface waters, of any pollutant which may emanate from said
storage container or containers. Each containment system shall be able to
contain 150 percent of the contents of all storage containers above the
containment system.
C. Each contractor shall
familiarize him/herself with the manufacturer's safety data sheet supplied with
each material containing a Regulated Substance and shall be familiar with
procedures required to contain and clean up any releases of the Regulated
Substance. Any tools or equipment necessary to accomplish same shall be
available in case of a release.
D. Upon completion of
construction, all unused and waste Regulated Substances and containment systems
shall be removed from the construction site by the responsible contractor and
shall be disposed of in a proper manner as prescribed by law.
1. Ductile iron pipe shall conform to the
requirements of ANSI/AWWA C151/A21.51 unless otherwise noted on the plans. The
pipe shall be Class 350 for sizes four inches through 24 inches and Class 250
for sizes from 30 inches to 36 inches. Glands for mechanical joints shall be of
ductile iron. [Ord. 2013-001]
2. Fittings shall have mechanical joints or
flanged ends unless an approved flexible joint restraint system is used. The
fittings shall conform to the requirements of AWWA C110 or AWWA C153. [Ord. 2013-001]
3. Flanged ductile iron pipe shall be “special
thickness Class 53.” Flanged ductile iron pipe and fittings shall have threaded
flanges, unless otherwise noted on the drawings, and shall conform to ANSI/AWWA
C115/A21.15. All flanges shall be Class 1560, ANSI B16.5. All above-grade
flanges shall be flat faced unless they are mating up to existing, or
otherwise, specified, raised flanges. All gaskets shall be full-faced
one-eighth inch red rubber. [Ord.
2013-001]
4. Joints shall conform to the requirements of
ANSI/AWWA C111/A21.11. [Ord. 2013-001]
5. All ductile iron pipe and fittings shall have
an epoxy lining and a bituminous coating on the exterior per AWWA specification
C210. The coating and lining shall be applied in accordance with the
manufacturer’s recommendations. [Ord.
2013-001]
1. Pipe four inches or larger in diameter shall
conform to the requirements as set forth in AWWA C900/C905 with minimum
dimension ratio DR 18. Provisions must be made for contraction and expansion at
each joint, or with a rubber ring and an integral bell as part of each joint,
or by a rubber ring-sealed coupling. Clean, reworked material generated from
the manufacturer's own pipe production may be used. Fittings shall be cast or
ductile iron. Pipe shall have cast iron pipe-equivalent outside dimensions. [Ord. 2013-001]
2. Pipe smaller than four inches in diameter
shall conform to Commercial Standard CS 256 and ASTM D22141. Provisions shall
be made for contraction and expansion at each joint with a rubber ring, and an
integral bell as part of each joint, or by a rubber ring-sealed coupling. Pipe
shall be made from SDR 21, 200 psi clean, virgin NSF-approved Type I, Grade 1 PVC
conforming to ASTM D1784. Clean, reworked material generated from the
manufacturer's own pipe production may be used. Fittings for pipe smaller than four
inches in diameter shall be PVC. [Ord.
2013-001]
HDPE
pipe for force mains shall be AWWA C906, minimum 40 feet standard lengths, DR
11 minimum, DIPS size. [Ord. 2013-001]
The test shall be of
two-hour duration. During the test, the pipe being tested shall be maintained
at a pressure of not less than 150 psi. Leakage is defined as the quantity of
water added to the pipe being tested during the test period. No pipe
installation will be accepted if the leakage exceeds the quantities specified
in AWWA C600, Sec. 5.2. No more than 500 feet of gravity sewer main or 1,000
feet of force main shall be tested at one time. Pressure tested gravity
wastewater mains and laterals located in Wellfield Zones 1 and 2 shall be PVC
C900 SDR 18 minimum. The tested portion of the laterals shall end at the “upper”
bend using a temporary mechanical joint restrained cap. [Ord. 2013-001]
Manholes shall be
precast and coated with an approved corrosion barrier system. Exterior manhole
joint seal application is required. Manhole inlets and outlets shall be tightly
sealed around the sewer pipe and coated to prevent leakage. [Ord. 2013-001]
Common Name
|
Scientific Name
|
|
Melaleuca, Punk Tree, or Paper Tree
|
Melaleuca quinquenervia
|
Tree
|
Brazilian Pepper
|
Schinus teribinthifolius
|
Tree
|
Australian Pine
|
Casuarina spp.
|
Tree
|
Earleaf Acacia
|
Acacia auriculiformis
|
Tree
|
Kudzu
|
Pueraria montana (P. lobata)
|
Vine
|
Climbing Fern
|
Lygodium spp.
|
Vine
|
Air Potato Vine
|
Dioscorea bulbifera
|
Vine
|
Carrotwood
|
Cupaniopsis anacardioides
|
Tree
|
Schefflera
|
Schefflera actinophylla
|
Tree
|
Common Name
|
Scientific Name
|
|
Banyan
|
Ficus bengalensis
|
Tree
|
Bishop-Wood
|
Bischofia javanica
|
Tree
|
Cat’s Claw
|
Mimosa pigra
|
Shrub
|
Chinese Tallow Tree
|
Sapium sebiferum
|
Vine
|
Portia Tree or Seaside Mahoe
|
Thespesia populnea
|
Tree
|
Downy Rose Myrtle
|
Rhodomyrtus tomentosus
|
Shrub
|
Jasmine
|
Jasminum dichotomum
|
Shrub
|
Java Plum
|
Syzygium cumini
|
Tree
|
Lather Leaf
|
Colubrina asiatica
|
Vine
|
Lofty Fig
|
Ficus altissima
|
Tree
|
Mahoe
|
Hibiscus tiliaceus
|
Tree
|
Shoebutton Ardisia
|
Ardisia solanaceae
|
Shrub
|
Woman’s Tongue
|
Albizia lebbeck
|
Tree
|
Common Name
|
Scientific Name
|
|
|
|
Bald Cypress
|
Taxodium distichum
|
13
|
42
|
Dahoon Holly
|
Ilex cassine
|
4
|
13
|
FL. Strangler Fig
|
Ficus aurea
|
25
|
78
|
Green Buttonwood
|
Conocarpus erecta
|
13
|
42
|
Gumbo Limbo
|
Bursera simaruba
|
13
|
41
|
Laurel Oak
|
Quercus laurifolia
|
18
|
56
|
Live Oak
|
Quercus virginiana
|
23
|
72
|
Mahogany
|
Swietenia mahogani
|
14
|
43
|
Pond Cypress
|
Taxodium ascendens
|
13
|
42
|
Red Bay
|
Persea borbonia
|
14
|
43
|
Red Maple
|
Acer rubrum
|
13
|
40
|
Red Mulberry
|
Morus rubra
|
14
|
43
|
Sand Pine
|
Pinus clausa
|
9
|
27
|
Seagrape
|
Coccoloba uvifera
|
10
|
32
|
Slash Pine
|
Pinus elliottii var. densa
|
14
|
45
|
Southern Red Cedar
|
Juniperus silicicola
|
20
|
64
|
Swamp Bay
|
Persea palustris
|
14
|
43
|
Sweet Bay
|
Magnolia virginiana
|
12
|
38
|
Common Name
|
Scientific Name
|
|
Arrowhead Vine
|
Syngonium podophyllum
|
Vine
|
Asparagus Fern
|
Asparagus densiflorus
|
Ground
cover
|
Banyan
|
Ficus bengalensis
|
Tree
|
Beach Naupaka
|
Scaevola sericea
|
Shrub
|
Bishop-Wood
|
Bischofia javanica
|
Tree
|
Caesar Weed
|
Urena lobata
|
Shrub
|
Cat’s Claw
|
Mimosa pigra
|
Shrub
|
Cat’s Claw Vine
|
Macfadyena unguis‑cati
|
Vine
|
Castor Bean
|
Ricinus communis
|
Herb
|
Chinese Privit
|
Ligustrum sinense
|
Shrub
|
Chinese Tallow Tree
|
Sapium sebiferum
|
Vine
|
Cogon Grass
|
Imperata cylindrica
|
Grass
|
Coral Ardisia
|
Ardisia crenata
|
Shrub
|
Dodder Vine
|
Cuscuta exaltata
|
Vine
|
Downy Rose Myrtle
|
Rhodomyrtus tomentosus
|
Shrub
|
Gold Coast Jasmine
|
Jasminum dichotomum
|
Shrub
|
Guava
|
Psidium guajava
|
Tree
|
Guinea Grass
|
Panicum maximum
|
Grass
|
Japanese Climbing Fern
|
Lygodium japonicum
|
Vine
|
Java Plum
|
Syzygium cumini
|
Tree
|
Lantana
|
Lantana camara
|
Shrub
|
Lather Leaf
|
Colubrina asiatica
|
Vine
|
Laurel Fig
|
Ficus microcarpa
|
Tree
|
Lead Tree
|
Leucaena leucocephala
|
Tree
|
Lofty Fig
|
Ficus altissima
|
Tree
|
Mahoe
|
Hibiscus tiliaceus
|
Tree
|
Mother‑in‑Law Tongue
|
Sansevieria hyacinthoides
|
Ground
cover
|
Natal Grass
|
Melininis repens
|
Grass
|
Oyster Plant
|
Tradescantia spathacea
|
Shrub
|
Pothos
|
Epipremnum pinnatum
|
Vine
|
Portia Tree or Seaside Mahoe
|
Thespesia populnea
|
Tree
|
Rosary Pea
|
Abrus precatorius
|
Vine
|
Sewer Vine
|
Paederia cruddasiana
|
Vine
|
Shoebutton Ardisia
|
Ardisia solanaceae
|
Shrub
|
Skunk Vine
|
Paederia foetidia
|
Vine
|
St. Augustine
|
Stenotaphrum secundatum
|
Grass
|
Strawberry Guava
|
Psidium cattleianum
|
Tree
|
Stinking Passion Vine
|
Passiflora foetida
|
Vine
|
Surinam Cherry
|
Eugenia uniflora
|
Shrub
|
Torpedo Grass
|
Panicum repens
|
Grass
|
Tuberous Sword Fern
|
Nephrolepis cordifolia
|
Ground
cover
|
Turkey Berry
|
Solanum torvum
|
Shrub
|
Two-Leaf Nightshade
|
Solanum diphyllum
|
Shrub
|
Wedelia
|
Wedelia trilobata
|
Vine
|
Wild Balsam Apple
|
Momordica charantia
|
Vine
|
Woman’s Tongue
|
Albizia lebbeck
|
Tree
|
Winged Yam
|
Dioscorea alata
|
Vine
|
[Ord.
2005-002] [Ord. 2019-034]
|
The following are
ultimate boundaries of natural areas acquired under the 1991 Sensitive Lands or
1999 Conservation Lands bond issues as listed in Resolution No. R-99‑1073
as well as natural areas acquired by other governmental entities in PBC. Maps
of each area are designated by Range, Township, and Section with its associated
500-foot buffer and are on file at ERM for inspection. [Ord. 2016-042]
Incorporated Palm Beach County
|
Boca Raton
|
Blazing Star Preserve (R42 T47 S25) [Ord. 2006-036]
|
Cypress Knee Slough Preserve (R42 T47 S23/24)
|
Florida Atlantic University Ecological Site (R42 T47 S12/13; R43 T47
S07/18)
|
Gopher Tortoise Preserve (R43 T46 S32)
|
Gumbo Limbo Environmental Complex & Red Reef Park Dune (R43 T47 S16/21)
|
Pondhawk Natural Area (R42 T47 S12)
|
Rosemary Ridge Preserve (R43 T46 S32)
|
Serenoa Glade Preserve (R42 T47 S24)
|
South Beach Park Dune (R43 T47 S21)
|
Yamato Scrub Natural Area (R43 T46 S31; R43 T47 S06)
|
Boynton Beach
|
Rosemary Scrub Natural Area (R43 T45 S09/16)
|
Seacrest Scrub Natural Area (R43 T46 S04)
|
Delray Beach
|
Delray Oaks Natural Area (R43 T46 S30)
|
Leon Weeks Preserve (R43 T46 S29)
|
Highland Beach
|
Highland Beach Mangrove Preserve (R43 T46 S33)
|
Hypoluxo
|
Hypoluxo Scrub Natural Area (R43 T45 S10)
|
Juno Beach
|
Juno Dunes Natural Area (R43 T41 S20/21/28/29)
|
Jupiter
|
Delaware Scrub Natural Area (R42 T41 S02) [Ord. 2006-036]
|
Jupiter Ridge Natural Area (R43 T41 S07/08/17/18)
|
Limestone Creek Natural Area (R42 T41 S03)
|
North Jupiter Flatwoods Natural Area (R42 T40 S33)
|
Riverbend Park (R42 T40 S32/33; R42 T41 S05-08/17)
|
Lake Park
|
Lake Park Scrub Natural Area (R43 T42 S20)
|
Lantana
|
Lantana Scrub Natural Area (R43 T44 S32)
|
North Palm Beach
|
John D. MacArthur Beach State Park (R43 T42 S10/15)
|
Ocean Ridge
|
N. Ocean Ridge Mangroves (R43 T45 S22)
|
Ocean Ridge Natural Area (R43 T45 S27) [Ord. 2008-040]
|
Palm Beach
|
Palm Beach Island Sanctuaries (R43 T43 S34; R43 T44 S03/10/15)
|
Palm Beach Gardens
|
Frenchman’s Forest Natural Area (R43 T41 S32; R43 T42 S05)
|
Hungryland Slough Natural Area (R41 T41 S28/29/32/33)
|
Loxahatchee Slough Natural Area – Includes Sandhill Crane (R41 T41
S23-28/34-36; R41 T42 S01/02/11-13; R42 T41 S19-21/28-32; R42 T42 S05-09/16/17)
|
Royal Palm Beach
|
Royal Palm Beach Pines Natural Area (R41 T43 S15/16)
|
West Palm Beach
|
Winding Waters Natural Area (R42 T42 S35; R42 T43 S02)
|
Grassy Waters Preserve (R42 T42 S07/08/16-21/28-33; R42 T43 S03-10/15-18)
|
Unincorporated Palm Beach County
|
Acreage Pines Natural Area (R41 T42 S32)
|
Arthur R. Marshall Loxahatchee NWR (R39 T44 S12/13/23-27/34-36; R39
T45 S01-03/10‑15/22‑27/34‑36/L1-3; R39 T46 S01‑03/10‑14/23‑25;
R40 T43 S32/L5; R40 T44 S04‑09/15‑36; R40 T45 S01‑42; R40
T46 S01‑36; R40 T47 S01‑06/08‑14; R41 T44 S30‑32/40‑42;
R41 T45 S04‑10/14‑23/26‑35; R41 T46 S02‑11/14‑23/26‑35;
R41 T47 S03‑10/15‑19)
|
C‑18 Triangle Natural Area (R42 T41 S08)
|
Cypress Creek Natural Area (R41 T40 S36; R42 T40 S31/32; R42 T41
S06)
|
Daggerwing Nature Center Preserve (R41 T47 S11/14)
|
Donald Ross Road at the ICW (R43 T41 S29)
|
DuPuis Management Area (R38 T40 S31‑36; R38 T41 S01‑06/08‑16/22‑26/36;
R39 T41 S19/30‑31)
|
East Conservation Area (R41 T45 S14) [Ord. 2006-036]
|
High Ridge Scrub Natural Area (R43 T45 S09)
|
Hungryland Slough Natural Area (R41 T41 S19/20/29-32)
|
Jackson Riverfront Pines (R42 T40 S25)
|
Jupiter Inlet (R43 T40 S31)
|
J.W. Corbett/Lox Refuge Connector (R40 T43 S05/06/08)
|
J.W. Corbett Wildlife Management Area (R39 T40 S31‑36; R39 T41
S01‑36; R39 T42 S01‑06/08‑16; R40 T40 S31/32; R40 T41 S05‑08/18‑36;
R40 T42 S01‑18/21/22; R41 T41 S31; R41 T42 S06/07/18
|
Lake Okeechobee Connector (R37 T40 S35/36)
|
Loxahatchee Mitigation Bank (R41 T46 S14/23/25/26/35; R41 T47 S02)
|
Sweetbay Natural Area (R41 T41 S34; R41 T42 S01-03) [Ord.
2006-036]
|
Okeeheelee Nature Center Preserve (R42 T44 S04/05)
|
Pine Glades Natural Area (R40 T40 S31-33; R40 T41 S01-04/10-13; R41
T41 S01/05-09) [Ord. 2006-036]
|
Paw‑Paw Preserve Natural Area (R43 T42 S04)
|
Pine Jog Environmental Education Center (R42 T44 S03)
|
Pond Cypress Natural Area (R41 T43 S01/12/13/24)
|
Riverbend Park (Reese Property) – See Riverbend Park under Jupiter municipality
|
Royal Palm Beach Pines Natural Area (R41 T43 S16)
|
Strazzulla Tract (R41 T44 S34/39‑40; R41 T45 S03/04/10/11/14/15)
|
Common Name
|
Scientific Name
|
|
Climbing Fern (Non-Native)
|
Lygodium ssp.
|
2004
|
Air Potato Vine
|
Dioscorea
bulbifera
|
Melaleuca, Punk Tree,
or Paper Tree
|
Melaleuca
quinquenervia
|
2006
|
Brazilian Pepper
|
Schinus
terebinthifolius
|
2008
|
Carrotwood
|
Cupaniopsis anacardioides
|
Earleaf Acacia
|
Acacia
auriculiformis
|
2010
|
Schefflera
|
Schefflera
actinophylla
|
Australian Pine
|
Casuarina spp.
|
2012
|
Kudzu
|
Pueraria montana
var. lobata
|
Amendment History:
[Ord. 2003-067; January 1, 2004] [Ord. 2005-002;
February 2, 2005] [Ord. 2006-004; March 1, 2006] [Ord. 2006-010; May 24, 2006]
[Ord. 2006-036; August 29, 2006] [Ord. 2007-013; September 4, 2007] [Ord.
2008-003; January 30, 2008] [Ord. 2008-037; September 4, 2008] [Ord. 2008-040;
September 29, 2008] [Ord. 2009-040; October 28, 2009] [Ord. 2010-022; September
1, 2010] [Ord. 2011-001; February 4, 2011] [Ord. 2012-027; August 31, 2012]
[Ord. 2013-001; January 31, 2013] [Ord. 2014-001; February 3, 2014] [Ord.
2016-042; September 27, 2016] [Ord. 2018-018; August 29, 2018] [Ord. 2019-034; August
27, 2019] [Ord. 2021-022; September 3, 2021] [Ord. 2021-023; September
3, 2021]