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Home My WebLink About14-021ORDINANCE 14-021 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 FILE NO.: TLDC - 1020134680 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE TO REFLECT REPEALED AND REVISED SECTION OF CHAPTERS 40E-4 AND 40E-40 OF THE FLORIDA ADMINISTRATIVE CODE AND IMPLEMENTATION OF CHAPTER 62-330, ENVIRONMENTAL RESOURCES PERMITTING; REVISING SECTION 7.07.00 STORMWATER MANAGEMENT; REVISING CHAPTER 11, ADMINISTRATION AND ENFORCEMENT. PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: This Board is authorized by Section 125.01(1)(h), Florida Statutes to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 2. This Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law. 3. On August 1, 1990 the Board of County Commissioners of St. Lucie County Florida adopted the St. Lucie County Land Development Code. 4. On June 19, 2014 the Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 5. On September 2, 2014 this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days in advance. On September 16, 2014, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days in advance. The proposed amendment to the St. Lucie County Land Development Code is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida, as outlined in the Planning and Zoning staff report dated June 19, 2014. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4000503 10/02/2014 at 04:55 PM OR BOOK 3677 PAGE 1307 - 1311 Doc Type: ORDN RECORDING: $44.00 File No.: TLDC - 102013468( Page 1 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie 2 County, Florida: 3 4 A. The specific amendment to the St. Lucie County Land Development Code to read 5 as follows in strikethrough and underline format: 6 7.07.04. Prohibitions. 7 Unless exempted pursuant to Section 7.07.05, all development activities within the 8 unincorporated areas of St. Lucie County shall be subject to the stormwater management 9 design, permitting and construction requirements contained herein. For the purpose of submitting 10 an application for a St. Lucie County stormwater Management/Construction Permit (see Section 11 11.05.07) the following standards shall apply: 12 A. A Category 1 Permit Application shall affect all development activities taking place on 13 property qualifying for a South Florida Water Management Exemption under °i ~',~,e-4~- 14 4:~ Chapter 62-330.051(4)-(14) F.A C 15 B. A Category 2 Permit Application shall affect all development activities taking place on 16 property qualifying for a South Florida Water Management District Permit under Chapter 17 ^n~ ^n ^^^' ^^~ 62-330, F.A.C. The receipt of a South Florida Water Management 18 District Environmental Resource Permit shall serve as 19 prima facia evidence of compliance with the intent of this Code. 20 7.07.06. stormwater Management Requirements. 21 A. Chapter 4~€ an~^^4062-330, Florida Administrative Code, as same may be amended 22 from time to time, ar~is incorporated herein by reference as a part of this Code. 23 B. The methodologies set forth in the South Florida Water Management District ~ri4ov,~,~ria-fir 24 ,Environmental Resource Permit Information 25 Manual Vie-~~F-shall be used in the design of stormwater management systems. 26 7.07.07. Local Jurisdictional Permit Requirements. 27 In accordance with the provisions of Chapter 40E-4, Florida Administrative Code, Section 28 40E-4.091(1)(9)(a) and the " 29 ~ ~ ~ , "Environmental 30 Resource Permit Applicant's Handbook Volume II For Use Within the Geographic Limits of the 31 South Florida Water Management District October 1 2013" Section 3 2, and as these two (2) 32 documents may be amended from time to time, the following local design criteria shall be used in 33 St. Lucie County: 34 A. Discharge. Off-site discharge is limited to amounts which will not cause adverse off-site 35 impacts. These amounts may be determined by one (1) or more of the following: 36 1. Historic pre-development discharges; 37 2. Amounts determined in previous SFWMD permit actions; 38 3. Amounts specified in SFWMD criteria (Basis ef-R«view~.,;pend+*-Applicant's 39 Handbook Volume II, Appendix A); 40 4. Amounts based on capacity of the downstream conveyance system; File No.: TLDC - 1020134680 Page 3 1 ,r 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 5. Amounts imposed by local water control districts; 6. Amounts imposed through the study and evaluation of sub-basins throughout the County as a part of the County Stormwater Master Plan. Unless otherwise specified by previous SFWMD permits, SFWMD criteria, or the County Stormwater Master Plan, a storm event of three-day duration and twenty-five-year return frequency shall be used in computing allowable off-site discharge. Allowable discharges will be designated by the County Stormwater Master Plan or on a case by case basis by the SFWMD upon request. 11.02.09. Submittals for Minor and Major Site Plans. A. Minor and Major Site Plan Requirements. Site Plan submittals shall include the following materials: 2. Existing Conditions: a.- g. <no change> h. Available preliminary drainage information that is to be submitted to the South Florida Water Management District intended to serve as the basis for issuance of its permit under Chapter ^n~ ^n .,~,~ ^n~ ^,x2.330 F.A.C., if applicable. 11.02.10. Submittals for Planned Development Site Plans. A. Preliminary Site Plan Requirements. A Preliminary Site Plan shall include the following information: 2. Existing Conditions: a.- g. <no change> h. Available preliminary drainage information that is to be submitted to the South Florida Water Management District intended to serve as the basis for issuance of its permit under Chapter ^n~ ^n .,.,,~ ^n~ ^'62-330 F.A.C., if applicable. 11.05.07. Stormwater Permits. B. Application Contents. The Stormwater Management permit application shall include following information: 1. Category 1 Permits shall apply to all development activities taking place on property qualifying for a South Florida Water Management District exemption under a, ~,~.,e-4QC- 4~Chapter 62-330.051(4)-(14) F.A C. A Category 1 Permit application shall include: a. - j. <unchanged> 2. Category 2 Permits apply to all development activities taking place on property qualifying for a South Florida Water Management Permit under Chapter ^n~-4~~; d^~ 62-330, F.A.C.. The receipt of a South Florida Water Management District Environmental Resource Permit shall serve as prima facie evidence of compliance with the intent of Section 7.07.00. A Category 2 Permit application shall include: 38 File No.: TLDC - 1020134680 Page 4 1 2 3 4 a. All information as described in Category 1 Permit Application. b. All information submitted to the SFWMD that was the basis for issuance of its ~e++o~ „~ ego„,,,+;,,„ p 2-330, F.A.C. permit or ..,,,,,, ,,, ~,,,~,o.T under Cha ter ^^C ,, r, .,.,,~ .~nC A 1a B. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. C. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. D. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable in the unincorporated area of St. Lucie County. E. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. F. EFFECTIVE DATE This ordinance shall take effect upon filing with the State. G. ADOPTION After motion and second, the vote on this Ordinance was as follows: Frannie Hutchinson, Chair AYE Paula Lewis, Vice-Chair AYE Chris Dzadovsky, Commissioner AYE Tod Mowery, Commissioner AYE Kim Johnson, Commissioner AYE File No.: TLDC - 102013468( Page 1 3 4 5 6 8 9 10 11 12 13 14 15 16 17 PASSED AND DULY ADOPTED this 16th day of September, 2014 ATTEST: Deput Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA -~- B Ch it APPROVED AS TO FORM AND CORRECTNESS: County AttySrn •~~ iiy, ~r ~r ~: ~J y~, ~ 41 ~Y. .i ~ ;/ '^ FLORIDA DEPARTMENT D~STATE ,.---._~ ~._..~~_.a ~m.__ ~ __. ~._~, RICK SCOTT Governor October 15, 2014 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Sue Korunow Dear Mr. Smith: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 14-021, which was filed in this office on October l 5, 2014. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270. Facsimile: (850) 488-9879 www.dos.state.fl.us