HomeMy WebLinkAboutO-10-08ORDINANCE NO. 0 -10 -08
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE SECTION 54 -3 -11.3
AQUIFER RECHARGE PROTECTION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Sebastian Land Development Code (LDC) Section 54 -3 -11.3 Aquifer
Recharge Protection establishes a series of requirements for development within aquifer recharge
areas; and
WHEREAS, Section 54 -3 -11.3 provides additional restrictions on buildable area beyond
the general restrictions established in the various zoning districts of the Land Development
Code; and
WHEREAS, the St. Johns River Water Management District requires on -site retention
for commercial development, allowing stormwater to drain back into the aquifer on the site; and
WHEREAS, the City Council, in an effort to promote economic development while
continuing to protect the environment, finds it is in the public interest to amend certain portions
of Section 54 -3 -11.3.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. The Code of Ordinances, City of Sebastian, Florida, Section 54 -3 -11.3 of
the Land Development Code, is hereby amended as follows:
Sec. 54 -3 -11.3. Aquifer recharge protection.
(a) Aquifer recharge area defined. Aquifer recharge areas shall be defined as those areas determined
by the Indian River Soil Conservation District as having good to excellent recharge potential as generally
identified on Map B -5 of the City of Sebastian Comprehensive Plan Goals, Objectives, and Policies.
These area include the following soil types: Paola, St. Lucie, Astatula, Archbold, Pomello, Orsino,
Jonathan, and Satellite.
(b) Restrictions on development within recharge areas. All development within designated recharge
areas shall comply with the following development requirements:
(1) Preservation of recharge potential. Development shall preserve the predevelopment
conditions with regard to soil type, drainage rates, grade elevation, and shall be designed so
as to minimize the reduction or recharge of the surficial aquifer. The groundwater level and
fluctuations shall be substantially the same as predevelopment conditions.
n cca level is prohibited.
(2) (3) Clearing. No clearing of soil or vegetation may occur before a permit for such activity is
issued.
(3) (1) Excavation. Excavation which cuts below the seasonal high water table shall be prohibited
unless a design /plan is prepared by a qualified engineer and approved by the city engineer
which demonstrates that the work can be completed in a manner that will not detrimentally
impact the groundwater table. The excavated area may be excavated during the dry season
engineer.
(5) Imperm able surfaces. Impermgable surfaces of recharge areas shall be regulated aG
fellows:
of the site which is 25 feet or less MSL.
b. Development on sites with any land exceeding 25 feet mean s a level (MSL) shall
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(c) Prohibited land uses. The following land uses and activities are prohibited within aquifer recharge
areas:
(1) Sanitary landfills;
(2) Animal feedlots;
(3) Wastewater treatment facilities, not including duly permitted septic tanks;
(4) Petroleum and pesticide bulk storage facilities without proper containment;
(5) Incinerators;
(6) Above ground or below ground pipes for pollutants or contaminants.
(7) All other land uses that store, handle, or generate hazardous materials or wastes. The
following state and federal rules define and regulate additional hazardous material:
The Florida Substance List as published by the State of Florida and amended
periodically.
Substance List).
Title 40 of the Code of Federal Regulations Part 261 (Identification and Listing of
Hazardous Wastes).
Title 40 of the Code of Federal Regulations Part 302.4, Table 302.4 (List of
Hazardous Substances and Reportable Quantities).
Title 40 of the Code of Federal Regulations part 355, Appendix A and B (List of
Extremely Hazardous Substances).
(8) Sandmines.
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Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of this Ordinance without said
invalid or unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
Wright
upon being put to a vote, the vote was as follows:
The Mayor thereupon declared this Ordinance duly passed and adopted this 15th day of
December ,2010.
ATTEST:
Sally A.
City Clerk
Mayor Jim Hill aye
Vice Mayor Don Wright aye
Councilmember Andrea B. Coy aye
Councilmember Eugene Wolff aye
Councilmember Richard Gillmor aye
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The motion was seconded by Councilmember Wolff and,
CITY OF SEBASTIAN, FLORIDA
ayor Jim -Hill
Approved as to form and legality for
Reliance by the City of Sebastian only:
Robert A. Ginsburg, City Attorney