HomeMy WebLinkAbout23-014 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 526949311/22/2023 03:06:01 PM
OR BOOK 5073 PAGE 1534-1546 Doc Type:ORDN
RECORDING: $112.00
ORDINANCE No. 2023-14
FILE NO.: TLDC 1202226267-26267
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE ST.
LUCIE COUNTY LAND DEVELOPMENT CODE, SECTION 7.10.12.,
SCRAP, WASTE AND RECYCLING OPERATIONS, AND SECTION
2.00.00, DEFINITIONS; 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.
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5264732 11/13/2023 02:26:33 PM
OR BOOK 5068 PAGE 734-742 Doc Type:ORDN
RECORDING: $78.00
WHEREAS, the Legislature of the State of Florida has, in Chapter 125 —
County Government, Florida Statutes, conferred upon local governments the
authority to adopt regulations designed to promote the public health, safety, and
general welfare of its citizenry; and
WHEREAS, pursuant to Article 8 of the Florida Constitution and Section
125.66, Florida Statutes, St. Lucie County possesses the police powers to enact
ordinances in order to protect the health, safety, and welfare of the County's citizens;
and
WHEREAS, on August 1, 1990, the Board of County Commissioners adopted
the St. Lucie County Land Development Code; and
WHEREAS, the Board of County Commissioners 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
WHEREAS, Section 403.7031, Florida Statues, provides that the county shall
not adopt by ordinance any definition that is inconsistent with 403.703, Florida
Statutes, which includes the term "yard trash." The St. Lucie County definition as
currently in effect, and as proposed to be amended, is more descriptive but is
consistent with the state definition; and
WHEREAS, on August 17, 2023, the Planning and Zoning Commission held a
public hearing on the proposed ordinance, after publishing due notice in the St. Lucie
News Tribune . on August 7, 2023. The Planning and Zoning Commission
recommended to the Board to approve the proposed_text amendment to the St. Lucie
County Land Development Code; and .
WHEREAS, on October 3, 2023, the Board of County Commissioners held its.
first public hearing on the proposed ordinance, after publishing due notice in the St.
Lucie News Tribune on September 21, 2023; and
WHEREAS, on October 17, 2023, the Board of County Commissioners held its
second Public Hearing on the proposed ordinance, after publishing due notice in the
St. Lucie News Tribune on October 10, 2023; and
WHEREAS, the Board has determined that the proposed amendments to the
St. Lucie County Land Development Code are consistent with the general purpose,
goals, objectives, and standards of the County's Comprehensive Plan, and are in the
best interest of the health, safety, and public welfare of the citizens of the County.
NOW, THEREFORE, BE IT ORDAINED by the St. Lucie County. Board of
County :Commissioners that the St. Lucie County Land Development _Code is
amended as set forth in the following amendments, as shown in strikethrough and
underline format in Exhibit A.
A. ADOPTION OF THE AMENDMENT
The Board of County Commissioners does hereby adopt the amendment to the
St.'Lucie County Land Development Code, attached herein as Exhibit A.
B. CHANGES TO THE LAND DEVELOPMENT CODE
The Board of County Commissioners does hereby state its intention to amend
Land Development Code, Section 2.00.00, Definitions, and Section 7.10.12,
Scrap, Waste and Recycling Operations.
C. 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 the Ordinance are hereby superseded by this
Ordinance to the extent of such conflict.
D. 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
Page 2 of 12
thereof shall be held to be inapplicable for any person, property, or
circumstances, such holding -shall not affect its applicability to any other
person, property, or circumstance.
E. APPLICABILITY OF ORDINANCE
This Ordinance shall be applicable as stated in Paragraph A and B.
F. FILING WITH THE DEPARTMENT. OF STATE
The Clerk 's hereby directed forthwith to send a certified copy of the
Ordinance to the Bureau of Laws, Department of State, The Capitol,
Tallahassee, Florida, 32304.
G. EFFECTIVE DATE
A certified copy of this ordinance shall be filed .with the Department of State
by the Clerk of the Board of County Commissioners of St. Lucie County within
ten days after enactment by the Board, and this. ordinance shall take effect
upon filing with the Department of State.
H. CODIFICATION
Provisions of this ordinance shall be incorporated in the St. Lucie County Land
Development Code, and the word "ordinance" may be changed to "section",
"article", or other appropriate word, and the sections of this ordinance may be
renumbered or re -lettered to accomplish such intention.
J. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Cathy Townsend, Chair AYE
Linda Bartz, Vice -Chair AYE
Chris Dzadovsky, Commissioner AYE .
Jamie Fowler, Commissioner AYE
Larry Leet, Commissioner AYE
Page 3 of 12
PASSED AND DULY ENACTED this 171h day of October, 2023.
Attest: Board of County Commissioners
St. Lucie County, Florida
Page 4 of 12
Ordinance 2023-14
Exhibit A
Proposed changes are shown helow, with new text in blue and
underlined and text proposed for deletion is Stru-c-1-n-th ro! gh.
CHAPTER II - DEFINITIONS
2.00.00. - DEFINITIONS
Unless otherwise expressly stated, the following words and terms shall, for the
purposes of this ordinance, have the meanings shown in this section. Where terms
are not defined in this ordinance and are defined in the Florida Building Code, such
terms shall have the meanings ascribed to them in that code. Where terms are not
defined in this ordinance or the Florida Building Code, such terms shall have
ordinarily accepted meanings such as the context implies:
"Yard Trash (also known as Vegetative Debris): 1.4eaes vVegetative matter resulting from
landscaping maintenance and land clearing operations and includesing materials such as tree
and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks
and soils. For purposes of Section 7.10.34 only ,, Y--yard trash also includes clean wood."
CHAPTER VII - DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS
7.10.00 - SUPPLEMENTAL STANDARDS
7.10.12. Scrap, Waste and Recycling Operations.
A. In the IL (Industrial Light) zoning district, scrap and waste material collection
operations may be permitted as a conditional use subject to the following criteria:
B. In the IH (Industrial Heavy) zoning district, scrap and waste material operations
may be permitted as a conditional use subject to the following criteria:
C. In the IH (Industrial Heavy), er-U (Utility), AG-5 (Agricultural - 5), .tnd PNRD
(Planned Non -Residential Development) Zoning D4istricts, the recycling and
Page 5 of 13
processing of vegetative debris ,land ele ring and yard trash mey-eling
and yard trash only may be permitted as a conditional use subject to the
following criteria:
1. Business operations authorized under this Section shall be limited to the
recycling, processing, composting, and short-term storage of yard trash on!y
vegetative debris. and shall notbe permitted to reeyele proeess or store fer
any period of time The receipt, collection, recycling, processing or storage of
construction or demolition debris is not permitted, except for that subset of
construction or demolition debris that constitutes vegetative debris. may
other -wise be defined s land elea inn debris or yard trash. These eligible
operations are distinguished from Commercial Composting Facilities
pursuant to LDC Section 7.10.34.
2. Site Area.
a. The total site area devoted to a vegetative debris recycling operation the
reeyelin . . Ig Rfid StOr-age of land elearing and yard trash debris
shall be at least € ten 10 acres, but no more than fifteen (15) fifty
50) acres.
b. Debris stockpiles including composting of vegetative debris but excluding
the emergency stockpile area and excluding access aisles and fire lanes,
shall not exceed sixty percent (60%) of the total site area.
3. Building Cover, Impervious Cover and Open Space.
a. When a vegetative debris recycling operation is in the IH (Industrial,
Heavy), U (Utility) or AG-5 (4gricultural-5) Zoning District, the
maximum building_ cover shall be governed by the Zoning District, as
provided in Table 7-10 of this Code.
b. When a vegetative debris recycling operation is in the PNRD Zoning
District, the maximum building cover shall be 10% of the total site area.
c. In all zoning districts, no less than twenty percent (20%) of the total site
area shall be maintained as landscape screening, landscape buffers or
other open space.
4. Screening and Buffering_
a. In addition to compliance with LDC Section 7.09.00.Landscaping and
Screening, these supplemental landscaping standards apply to this
particular use.
b. The rereeyeling yard, iel ding all poduet reeeiving areas area for receiving,
recvcling, processing, composting, storing, or distributing of vegetative
debris shall be surrounded by a fence, wall, or opaque vegetative screening
no less than eight (8) feet in height. Such fence or wall shall be of similar
composition, construction, and color throughout and shall be constructed
Page 6 of 13
without openings except for one (1) entrance and one (1) exit; the entrance
and exit shall be equipped with unpierced gates. Such gates shall be closed
and securely locked at all times, except during business hours.
c. If vegetative screening is to be substituted for a fence or wall, plans for
such vegetative screening shall be submitted with the application for
conditional use approval. Such vegetative screening shall consist of a
greenbelt strip at least twenty (20) feet in width adjoining all adjacent lot
lines, and a greenbelt strip at least fifteen (15) feet in width adjoining any
street line. The greenbelt shall be composed of at least one (1) row of
deciduous or evergreen trees and one (1) or two (2) rows of shrubs.
d. Maintenance of the fence, wall, or opaque vegetative screening shall be the
responsibility of the property owner consistent with the other provisions of
this Code.
5. Dimensions of stockpiles, separation areas, and fire lanes.
a. No individual stockpile of vegetative debris in any stage of processing
includingfinal inal product shall exceed two hundred (200) feet in length, one
hundred (100) feet in width, or fifteen (15) feet in height.
The maximum length of an individual debris star -age steekpile shall not
ey.eeed five hundFed (500) feet * The maximum width of an individual deb
storage steekpile shall not expeed one hundred (100) feet. The
height E)f any one (1) storage pile shall not emeeed thirty (30) feet-.
b. 4. All sides of each individual debris star -age (stockpile) shall be accessible
by means of fire lanes. The width of fire lanes between stockpiles shall be
a minimum of one and one-half (1%) times the height of the pile but in no
case twenty (2 less than thirty (30) feet in width.
hundred -foot wide elear spaee shall be provided bet-ee.. _ery twE) (2)
debris storage piles and there shall be a one hundred -foot wide fire lane
at the end of eaeh storage ar- steekpile, regardless of over-all length.
c. A fire access lane no less than twenty (20) feet in width shall be located
around the perimeter of the area used for receiving, storing, processing,
composting, or shipping of vegetative debris. Figure 7-29 depicts the
general layout of the debris storage stockpile areas.
6. Fire Protection and Fire Suppression
a. Within the Urban Services Boundary-, all stockpiles shall be surrounded
with a network of fully operating fire hydrants spaced at intervals of no
more than two hundred fifty (250) feet. No portion of the stockpile yard
shall be more less than two hundred (200) feet from any fire hydrant. Each
fire hydrant shall provide for a minimum fire flow of seven hundred fifty
(750) gallons per minute, unless otherwise provided for by the St. Lucie
County Fire District.
Page 7 of 13
FIGURE 7-29
LAYOUT OF LAND CLEARING AND YARD WASTE STORAGE PILES
AND FIRE LANES
30 ft.
E:::s:t:
e �► Stockpile
Fire Lane
Fire Lane ? 30 ft. Fire Lane + >_ 30 ft.
Stockpile _> 30 ft. Stockpile
411-1►
Fire Lane + >_ 30 ft. Fire Lane + >_ 30 ft.
30 ft.
Stockpile ~�
p Fire Lane Stockpile
Perimeter Fire Lane = 20 feet minimum
Fire Lane between Stockpiles = 30 feet minimum
Stockpiles = maximum of 100 ft. wide, 200 ft. length, and 15 ft. height
FIGURE 7-29
LAY OF LAND CLEARING AND YARD WASTE ORAGE PILES
100 ' storage Pile
100 foot clear space a re Ian
P
50 �the)jpile
Storage Pile
Fire Lane 1 '/,I es height - NnotiessVsthan 30 feet wickh
100,
250 ft. (Max.) *Fn R~ y,; 100,
Storage Pile
Page 8 of 13
b. Outside of the Urban Services Boundary, if approved by the St. Lucie
County (SLC) Fire District, alternative means of, and standards for, fire
suppression may be utilized in place of that set -forth in the previous
paragraph for facilities within the Urban Services Boundary. Such
alternative means of fire suppression, subject to the review and approval
of the SLC Fire District, may include on -site water trucks, gravity tanks,
dry hydrants, and canal pumps.
c. Each vegetative debris recycling,, processing and/or composting operation
shall include as part of its application for a conditional use permit a copy
of its Fire Prevention Plan that has been approved by the SLC Fire
District, Community Rick Reduction Division. This Fire Prevention Plan
shall, at a minimum, address all requirements and recommendations of
the currently adopted Florida Fire Prevention Code (FPPC) and any
applicable standard established by a Local Resolution amending the
FFPC. If this section requires a more stringent standard, the Fire
Prevention Plan shall address it.
d. Outside of the Urban Services Boundary, if approved by the St. Lucie
County (SLC) Fire District, alternative means of, and standards for, fire
suppression may be utilized in place of that set -forth in the previous
paragraph for facilities within the Urban Services Boundary. Such
alternative means of fire suppression, subject to the review and approval
of the SLC Fire District, may include on -site water trucks, gravity tanks,
dry hydrants, and canal pumps.
d. Each vegetative debris recycling,, processing, and/or composting operation
shall be responsible for scheduling an annual fire prevention inspection
to be conducted by the SLC Fire District, Fire Prevention Bureau. Such
operation shall also be subject to unscheduled inspections by the SLC Fire
District Fire Prevention Bureau at the discretion of the District and
according to its inspection protocols.
e. An area equal to fifteen percent (15%) of the total area occupied by the
debris storage areas (steekpi &) receipt, processing, composting packing,
loading, or shipping of vegetative debris shall be reserved for the
emergency relocation of the stored materials should it be necessary for fire-
fighting purposes. This emergency storage area shall not include any of
area within the required minimum setbacks or separation corridors for the
debris storage piles (stockpiles). This emergency storage area shall be
adequately served with access to fire suppression resources, consistent
with this code.
7. Setbacks. Individual stockpiles of vegetative debris in any stage of processing
shall be located at least one hundred (100) feet from any brush or tree line
and shall be no closer than fifty (50) feet to any property line or street right-
of-way line.
Page 9 of 13
8. Surface of storage areas and access lanes
a. The base area on which the stockpiles are located must be constructed of
either a concrete sur-faee, asphalt sur-€aee, or other clean stabilized surface
that is acceptable to the County.
b. The access aisles and fire lanes between the stockpiles must be
constructed of either -a concrete sur-€aee, asphalt surfaee, or other paved
surface that is acceptable to the County. Alternative surfaces may be
considered outside the Urban Service Boundary as approved by the Board
of County Commissioners through the conditional use permit. These
surface materials may include, but are not limited to, asphalt millings,
coquina rock, shell rock, and engineered products suitable for the expected
vehicle loads and frequency of use. The access aisles and fire lanes shall
be designed and maintained to support at least the imposed loads of fire
apparatus.
9. Processing and Storage Time
a. All material received into the recycling yard shall be rotated through the
recycling yard within twelve (12) months of its acceptance and deposition
in the recycling yard. 1Tgaget- tiye yard trash or land 1 a,,ing debris ris shall
be removed within six (6) months or time needed to reeeive thir
thousan
d (3,000)--tons or twelve thousand (,000) „t,�ards,
S�hiehe ate-r
b. Processed vegetative debris being composted into top soil may remain on
site for an additional period not to exceed twelve (12) months.
10. Other Standards and Requirements
A. Section 7.07.00. - Stormwater Management —of this Code shall apply to
vegetative debris recycling operations. Stormwater controls and specific
site elements shall be designed to prevent run-off from entering the
processing and storage areas.
b. � All stockpiles shall be formed eenst ueted and located so as to afford
the opportunity to measure the internal temperatures of the vegetative
debris stockpiles in order to monitor fire hazard.
c. 44-- All vehicles used on the stockpile shall be of a type that minimizes the
compaction of the stockpile.
d. Operational processing equipment necessary for a vegetative debris
recycling and/or composting operation must be maintained on site,
including but not limited to a shredder, chipper, grinder, trommel screens,
and bulldozer.
e. Fuel Tanks
Page 10 of 13
(1) The on -site storage of fuel must comply with all applicable local, state,
and federal regulations, intended to prevent leaks, fire and/or harm to
the environment.
(2) All fuel tanks regardless of size, shall be stored on a concrete surface
and be located within a secondary containment structure designed to
hold the maximum volume of the tank.
(3) No fuel tank shall be located within one hundred (100) feet of any
stockpile of yard waste, whether in receiving, processing, composting,
or final product, unless another standard requires a greater distance.
f. Restroom facilities shall be provided for on -site employees. A portable or
mobile toilet does not constitute a restroom.
g. Equipment may be stored or parked on gravel parking lots. Inside the
Urban Services Boundary. employee parking must comply with surface
requirements in LDC Section 7.06.02. Outside the Urban Services
Boundary, alternative surfaces may be considered for employee parking.
11. Deliveries to site and Wholesale or Retail Sales of Finished Product
The Applicant for a conditional use permit to operate a vegetative debris
recycling operation shall include a detailed description of the intended
delivery of raw material to the site, specifically addressing whether deliveries
to the site will be limited -to -employees of the operation or whether landscape
operators, arborists or members of the public might deliver material.
Similarly, the application for a conditional use permit shall address in detail
the disposition of the finished product, including whether any retail or
wholesale customers will visit the site or whether all finished products will
be delivered to the wholesale or retail customers by the operator's own
employees and vehicles. If on -site sales are anticipated, the dabs and hours
of operation and all other information relevant to consideration of the
potential impacts of such on -site sales shall be provided.
12. Application and Compliance
a. Regardless of the size of any proposed building size, a eomplete site plan
prepared in accordance with the provisions of Section 11.02.04., 11.02.07.,
and 11.02.09. (Major Site Plans) shall be required with the application for
the conditional use permit. The application for a conditional use Permit
shall not be considered complete until all minimum site plan criteria have
been determined to be met.
b. Every vegetative debris land ,.le ring an4 yard trash recycling operation,
authorized under this section, shall establish a cash security fund, bond
or provide the County with an irrevocable letter of credit. The amount of
the security fund, bond, or letter of credit shall be based on the schedule
below and shall secure the cost of removing of all accumulated yard rash
vegetative debris from the site if it has been determined by the County
Page 11 of 13
Commission, following a duly noticed public hearing, that the la-nl
„ le ring and yard trash vegetative debris recycling operation has been
abandoned or recycling operations have ceased for period in excess of six
(6) months, or if the conditional use permit is revoked for any reason. The
provisions of this paragraph shall not apply to any 'a El e ear;^g and y d
trash vegetative debris recycling operation operated by any unit of local
government within the County.
Table 7.10.12.1
Storage Yard Size
Required Security
5 to 7.5 Up to 10 acres
$50 000
.5 to 'tea 10.0 to 25 acres
$100,000
1`'�opa 25 to 50 acres
$150,000
c. Any lawfully, existing vo rot<itivo (Iobris recycling operation as of August
17, 1999, shall conform to the above -described standards no later than
January 1, 2001. In the event that any existing operation fails to meet the
requirements of this section, the County shall pursue all available
remedies to compel compliance with the provisions of this section and any
other applicable provision of this code.
d. The Code Enforcement Board shall be the responsible enforcement board
assuring compliance with the provisions of this section and related sections
within this Code. If the Publ e WerPlanning and Development Services
Director, in consultation with the County Administrator, or his/her
designee, and the County Attorney, determines that the Code Enforcement
Board process would be an inadequate response to a given violation(s), the
County Attorney may institute appropriate proceedings in a court of
competent jurisdiction for prosecution of the violation(s) as provided by
law.
e. The violation of any of the regulations, restrictions and limitations
promulgated under the provisions of this section may be restrained by
injunction, including a mandatory injunction and otherwise abated in any
manner provided by law.
f. Nothing contained in this provision shall prohibit the Board of County
Commissioners from enforcing its codes by any other means.
g. In the event that St. Lucie County is declared a federal disaster area
following or as a result of either hurricane or freeze damage, the County
Commission may suspend any or all of the standards above for the
duration of the declared emergency in order to facilitate the removal of
vegetative debris.
Page 12 of 13
h. If additional processing of vegetative yard trash or land elearing debris is
proposed in addition to mulching, such activities may be subject to
additional requirements imposed through the conditional use process to
mitigate impacts.
i. All land-elearingand vegetative 4 trash vegetative debris recycling
operations shall submit to an annual site inspection to be conducted by St.
Lucie County Code Compliance to ensure conformity with the conditional
use permit. If evidence of unpermitted materials is found within the
stockpiles other than vegetative —waste —and —other sp -eee-dditivzs
approve4 through the site-speeifie Conditional Use Permit, the subject
permit shall be scheduled for the next available Board of County
Commissioners meeting for a Revocation Hearing subject to the
requirements of LDC Section 11.07.05. �M and the notice requirements of
this Code.
Page 13 of 13
FLORIDADEPARTMENT Of -E
RON DESANTIS
Governor
November 9, 2023
Michelle R. Miller
Clerk & Comptroller
St. Lucie County
2300 Virginia Ave.
Fort Pierce, FL 34982
Attn: Vera Smith
Dear Michelle Miller,
CORD BYRD
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of the St. Lucie County Ordinance No. 2023-14, which was filed in this office on
November 7, 2023.
Sincerely,
Anya Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270