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Chattahoochee (Last Updated: August 25, 2014) |
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Land Development Regulations |
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Chapter IV. Resource Protection Standards |
| Appendix 4.00.00. Generally |
| § 4.00.01. Purpose and intent |
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The purpose of this chapter is to establish those resources that must be protected from harmful effects of development. A developer should apply the provisions of this chapter before any other development design work is done. Application of the provisions f this chapter will divide a proposed development site into areas that may be development and areas that must generally be left free of development activity. The proposed development should then be designed to fit within the area that maybe developed. This chapter implements the policies contained in the comprehensive plan and is intended to promote, preserve, and enhance the important hydrology, biological, ecological, aesthetic, recreational, and educational functions that waterways, drainage systems, wetlands, natural groundwater aquifer recharge areas, and groundwater provide. |
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(Ord. No. 533, § 5(Exh. A), 9-16-09) |
| § 4.00.02. Scope |
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This chapter incorporates regulations which are designed to protect the following environmental sensitive areas: wetlands, groundwater and wellheads, surface waters, wildlife habitat and unique natural areas, areas of significant slope, steep heads, steep slopes and floodplains. Additional regulations contained in this chapter address mining and hazardous wastes and their threat to environmentally sensitive areas. Unless otherwise specifically exempted elsewhere in this section, all development shall comply with the standards of this section at time of site and development plan, subdivision, or building permit, whichever occurs first. |
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(Ord. No. 533, § 5(Exh. A), 9-16-09) |
| § 4.00.03. Development standards for areas containing land and water-based natural resources |
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A. Purpose. It is the purpose of this section to set forth standards necessary to ensure that development and redevelopment limits and mitigates its impacts to lands containing land and water based natural resources. The intent of these environmental resource protection standards is to: 1. Maintain the natural hydroloqical and ecological functions of the wetlands, floodplain and wildlife habitats; 2. Maintain desirable ground and surface water levels; 3. Maintain ground and surface water quality; 4. Prevent increased erosion and sedimentation; 5. Minimize the potential for property damage and personal injury from flooding; 6. Restrict adverse interference with the normal movement of surface waters; 7. Maintain the optimum storage capacity of watersheds; and 8. Protect and maintain environmentally sensitive areas from adverse affects due to adjacent development. B. General guidelines for the protection of environmentally sensitive areas, threatened and endangered species of plants and animals and habitat and state- and federal-listed species. Uncontrolled development of land containing natural resources impairs the natural functions of those lands. The guidelines of this subsection are mandatory and shall apply to all areas containing threatened and endangered species of plants and animals. Proposed development plans shall follow these guidelines: 1. Upland sites shall be chosen for the location of residential, commercial development and buildings. A soils survey and report supplied at the time of a development order application shall verify the presence of upland soils in these areas. The soil report shall provide information regarding the depth of the seasonal high table water. Measures necessary to overcome soil constraints if any, shall be required as a condition of approval. Light detecting and ranging (LiDAR) data may also be used to provide data for the location of upland habitat. 2. Wetland flowaqe areas should be protected from incompatible development. Applicant must demonstrate the protection of these flowage areas. Flowage areas must be shown on all site plans. Construction of roads across such areas shall be limited. Loss of historic basin storage shall be replaced on site or otherwise mitigated by applicant. 3. Wetlands shall be conserved and protected by restricting development and development impacts, such as dredging and filling which would significantly alter the wetlands natural functions without prior authorization and obtaining the required permits from the applicable state and federal regulatory agencies having jurisdiction over such areas. Development shall be designed outside of significant wetland areas. 4. Non-residential development shall be required to maintain a 25-foot minimum natural buffer around all wetlands. The location of non-residential land uses shall be prohibited within wetlands and buffer areas, except for resource-based recreation, and silviculture. Development within wetlands and their buffers shall be prohibited except for walking trails or other passive uses; construction of wildlife viewing shelters and/or observation decks and similar structures not requiring dredging and filling for the initial placement or replacement and minor encroachments impacting less than five percent of the gross land area of the identified wetland and wetland buffer for utilities, stormwater management, water or wastewater infrastructure as needed to provide public service (excluding roadways) that does not impair the long-term viability of the wetland system. 5. Whenever possible, upland and wetland/aquatic habitat shall be connected to create a mosaic of upland and wetland/aquatic habitat. Development shall be directed into areas that are already disturbed. 6. Wetlands shall not be used as sediment traps during development and construction. Sediment traps shall be constructed on site to prevent escape of sediments to water bodies. 7. Natural watercourses shall not be filled, dredged, cleared, deepened, straightened, stabilized, or otherwise altered, except in cases of overriding public interest and without prior authorization and obtaining the required permits from the applicable state and federal regulatory agencies having jurisdiction over such areas. 8. Erosion should be minimized and sediment should be retained on the site of development if possible. 9. Intermittent watercourses, such as swales, shall be vegetated, 10. Runoff shall not be discharged directly into open waters or wetlands. Vegetated buffers, swales, vegetated watercourses, underground drains, catch basins, ponds, porous pavements and similar systems for the detention, retention, treatment and percolation of runoff shall be used as appropriate to increase time of concentration, decrease velocity, increase filtration, allow suspended solids to settle and to remove pollutants. 11. Artificial watercourses shall be designed, considering the soil type and topographic contours so the velocity of flow is low enough to prevent erosion. Minimize runoff by clustering development on the least porous soils. 12. If possible, detain stormwater runoff with open natural drainage systems. 13. Design man-made lakes and stormwater ponds for maximum environmental value. 14. Natural resource areas shall be protected by reduction, proper disposal and management of hazardous wastes. 15. If state- and/or federally-listed endangered and threatened wildlife and species of special concern are found on developable sites, coordination will be initiated by the city with the Florida Fish and Wildlife Conservation Commission (FWCC) and other applicable agencies to assure adequate protection of these wildlife populations consistent with state and federal law. 16. Upland buffers shall be established around steepheads, isolated wetlands, jurisdictional wetlands and natural water bodies. 17. Best management practices (BMPs) shall be used for the conservation, use and protection of fisheries, wildlife and wildlife habitats. 18. New development shall be required to maintain a 50-foot minimum natural buffer adjacent to all perennial rivers, streams, creeks and lakes. 19. Protected wildlife habitat shall include a combination of connected upland habitats and any wetland/aquatic habitat on the site. 20. Clearing of native habitat shall be prohibited prior to development, meaning that clearing for uses other than legitimate agricultural and silvicultural uses shall be defined to be clearing as an adjunct to development and shall be subject to all provisions in the city comprehensive plan and land development regulations that apply to the development. 21. Where listed species are determined to exist on the site, in order to ensure that protection, preservation and continued viability of the species, a specific management plan shall be prepared by the developer and approved by the City of Chattahoochee which includes necessary modifications to the development, specific setback and buffers and clustering of development away from species habitat. Such management plan shall be included as a condition in the development order issued by the city. 22. If practical, environmentally sensitive areas which have been damaged by prior development shall be reclaimed and enhanced. |
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(Ord. No. 533, § 5(Exh. A), 9-16-09) |
| Appendix 4.01.00. Wetlands |
| § 4.01.01. Generally |
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A. The city shall direct incompatible land uses away from wetlands. B. Development shall be required to maintain a 25-foot minimum natural buffer around all Florida Department of Environmental Protection (FDEP), the Army Corp of Engineers (ACOE) and the Northwest Florida Water Management District (NWFMDP jurisdictional wetlands. |
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(Ord. No. 533, § 5(Exh. A), 9-16-09) |
| § 4.01.02. Buffer |
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A 25-foot buffer of native vegetation, subject to site plan approval, shall be required around and along all wetlands. Such buffer shall be measured from the FDEP wetlands jurisdictional line or the Northwest Florida Water Management District jurisdictional line, whichever is greater. The property owner may create a pathway through the buffer for visual or authorized pedestrian access to the wetland provided that the pathway is limited to a five-foot wide swath. No construction activities shall be permitted within the buffer areas. Development within wetlands and their buffers shall be prohibited except for walking trails or other passive uses. Construction of wildlife management shelters or observation decks and similar structures, not requiring dredging and filling for their initial placement or replacement and minor encroachment impacting less than five percent of the gross land area of the identified wetland and wetland buffer for utilities, stormwater management, water or wastewater infrastructure as needed to provided public services is permitted, provided the encroachment does not impair the long-term viability of the impacted wetland(s). |
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(Ord. No. 533, § 5(Exh. A), 9-16-09) |
| § 4.01.03. Prohibition against use of wetlands as sediment traps during development and construction |
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Wetlands shall not be used as sediment traps during development and construction. Sediment traps shall be constructed on site to prevent escape of sediments to water bodies. |
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(Ord. No. 533, § 5(Exh. A), 9-16-09) |
| § 4.01.04. Prohibition against development in the Mosquito Creek floodplain |
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Development in commercial and industrial areas of Mosquito Creek is prohibited if such proposed development is located within wetlands or floodplain areas, including isolated wetlands which area not under the jurisdiction of the Florida Department of Environmental Protection. |
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(Ord. No. 533, § 5(Exh. A), 9-16-09) |
| Appendix 4.02.00. Groundwater And Wellheads |
| § 4.02.01. General |
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The purpose of groundwater protection standards is to safeguard the health, safety and welfare of the citizens of the City of Chattahoochee and Gadsden County. This is accomplished through ensuring the protection of the principle source of water for domestic, agricultural and industrial use. The availability of adequate and dependable supplies of good quality water is of primary importance to the future of the City of Chattahoochee. Therefore, standards are described in this subsection with the intent of protecting both the quality and quantity of the ground and surface water supply. It is the intent of this section to control development in and adjacent to designated public water supply wells and to protect groundwater from potential contamination. It is further the intent of this section to control development in and adjacent to surface water which is a designated potable public water supply source from potential contamination. The guidelines of this subsection are mandatory and shall apply to all areas in the city. |
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(Ord. No. 533, § 5(Exh. A), 9-16-09) |
| § 4.02.02. Restrict development in public water supply protection zones |
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A. To ensure the protection of the potable around water public supply well, a protection zone shall be established for such well fields in accordance with the following criteria: 1. A 500-foot radius from the wellhead of a public supply well shall be established as a cone of influence and a wellhead primary protection zone. 2. The primary protection zone is a conditional development zone. Development in the primary protection zone shall be limited to existing land uses and structures so that public water supply wells are protected from contamination. In no cases shall the following land uses be allowed within the primary protection zone: a. Landfills; b. Facilities for the bulk storage, handling, production or transportation of restricted substances, including agricultural chemicals, petroleum or industrial chemicals, hazardous/toxic or medical wastes; c. [Reserved] d. Feedlots or other concentrated animal facilities; e. Wastewater treatment plants, percolation ponds ands similar facilities; f. Mines; or g. Excavation of waterways or drainage facilities which intersect the water table. B. Existing city-owned public water supply wells shall be exempt from the primary wellhead protection requirements. C. To protect ground and surface water, post-development runoff rates and pollution loads shall not exceed pre-development conditions. D. To establish a streamside protection zone, no development, including septic tanks, shall be permitted within 50 feet of any perennial river, stream, creek, lake, pond or water bodies. E. Should a prohibited activity exist within the well field protection zone at the time of adoption of this Code, such activity shall be considered a nonconforming use and the regulations governing nonconforming uses, contained in chapter IX of this Code shall apply. F. New wells. All new wells which supply potable water for public consumption in the City of Chattahoochee shall be required to establish a 200-foot zone of exclusion immediately surrounding the new wells. No land development activities shall take place in the 200-foot zone of exclusion surrounding new wells. |
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(Ord. No. 533, § 5(Exh. A), 9-16-09) |
| Appendix 4.03.00. Surface Water Protection |
| § 4.03.01. Buffers | |||||||||
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A buffer of native vegetation, subject to site plan approval, shall be required around and along all surface waters of the City of Chattahoochee. The purpose of the natural vegetative buffer is to prevent and reduce erosion; trap sediment from overland runoff; protect indigenous flora, fauna and habitat; and to retain and enhance physical and visual aesthetics of surface water systems. The property owner may create a pathway through the buffer for visual or authorized access to the surface waters necessary for access as determined by a professional engineer knowledgeable in hydrological processes. The following buffers shall be required around and along all surface waters of the City of Chattahoochee:
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| § 4.03.02. Uses allowed |
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A. The uses allowed in the buffer zones along and around surface water bodies include passive recreational activities such as hunting, fishing and swimming. Docks and boat ramps shall be allowed as permitted by the FDEP and the ACOE. Prior to permitting docks and boat ramps, the applicant shall conduct an assessment of potential impacts to state- or federally-listed species in adjacent waters such as the Apalachicola River and Mosquito Creek. The dock or boat ramp applicant shall be required to protect state- and federally-listed species and the habitat that they depend on in waters adjacent to the proposed dock or boat ramp. B. Rigid riverbank protection systems shall be prohibited except for the protection of major habitable structures, public roads, highways, water or sewerage [sewage] treatment plants, and public power plants. Such rigid riverbank protection systems shall be located as far landward as possible, consistent with design and construction requirements. The structures shall be designed based on accepted State of Florida guidelines to minimize erosive and scour effects, sloping rock, revetments, rubble mound structures and to-scour protection are required in front of vertical bulkheads. C. Repair of existing functional riverbank protection structures shall be allowed so long as the repair involves less than 50 percent of the structure. Prior to repairs, the property owner must notify the county and the appropriate state and federal agencies of the extent of the intended work. D. Abandoned riverbank protection structures shall be removed by the owner with a reasonable period of time as specified by the city building official. E. The provisions of this section shall not be constructed to prevent the doing of any act necessary to prevent material harm or destruction of real or personal property as a result of a present emergency ad [as] defined by F.A.C. ch. 16B-33, and the necessity of obtaining a permit is impractical and would cause undue hardship in the protection of life and property. A report of any such emergency action shall be made to the city building official by the owner or person in control of the property upon which emergency actions was [were] taken as soon as practical but no more than ten calendar days following such action. Remedial action may be required by the city building official. F. Stream crossings shall be permitted in accordance with ACOE, FDEP and NWFWMD stream crossing regulations. |
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(Ord. No. 533, § 5(Exh. A), 9-16-09) |
| Appendix 4.04.00. Wildlife Habitat And Unique Natural Areas |
| § 4.04.01. Require study for sensitive lands |
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Areas identified as conservation on the future land use map, or are in the Florida Natural Areas Inventory (FNAI) as endangered or threatened species habitats and unique natural areas and floodprone, high aquifer recharge or wetlands, and areas where slopes are steeper than ten percent, or that are adjacent to the Apalachicola River shall be inventoried prior to development. Such inventory shall consist of both a field survey and management/mitigation plan and shall address state and federally "listed" species. The study shall be prepared by an ecologist, biologist or other related professional as a consultant to the city. Such expense shall be borne by the applicant. For development sites ten acres or more that involve nonresidential developments or more than ten dwelling units and are not included in a specified FNAI area, a professionally-conducted survey of native vegetative communities shall be required in upland wildlife habitats to inventory wildlife and to determined whether state- and federally-listed threatened and endangered species of plants and animals and those designated as special concern exists on the site. This survey shall be conducted by an ecologist, biologist, or an environmental planner. A. Site surveys shall address the following: 1. The size and distribution of the native habitats; 2. Wildlife and listed species populations within the proposed development site; 3. The feasibility of and viability of on-site protection and management strategies; and 4. Whether the proposed development site includes a wildlife corridor and the feasibility of maintaining the wildlife corridor. Where adverse impacts cannot be avoided through site design or other means, the applicant shall be required to develop a mitigation plan which will allow no net loss of individuals of designated species. The plan shall document the presence of affected species, the land needs of the species that may be met on the development site, and shall recommend appropriate habitat management strategies to protect the subject wildlife. If state- and/or federally-listed endangered and threatened plant and animal species and species of special concern are found on the proposed development site, coordination will be initiated by the city with the Florida Fish and Wildlife Conservation Commission and other applicable agencies to ensure that the required management plan is consistent with state and federal law. Such management plan shall be incorporated into the any development order that may be issued by the city. If improvements to the site are required by the management plan, the city may require the developer/property owner to post a bond to the city that is equal to the cost of the improvements. |
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(Ord. No. 533, § 5(Exh. A), 9-16-09) |
| § 4.04.02. Notification of state |
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The city will notify the state by notifying the Florida department of natural resources (DNR) [department of environmental protection (DEP)] prior to any disruptive activities being initiated in areas of special concern as depicted on the conservation map of the comprehensive plan, and that are located on city-owned or -maintained land. In addition, prior to the issuance of a building permit for private development, the owner or developer shall be required to submit proof that the state (DNR) [(DEP)] has been notified before any private development activities are initiated in areas of special concern as depicted on the conservation map of the comprehensive plan. |
| § 4.04.03. Prohibit development causing loss of viability |
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Areas containing endangered or threatened species habitat and unique natural areas such as those designated in the Florida Natural Areas Inventory shall not be developed for any use that would cause loss of viability of the community or habitat. |
| Appendix 4.05.00. Floodplains |
| § 4.05.01. Purpose and objectives |
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A. Purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters; 4. Control filling, grading, dredging and other development which may increase erosion or flood damage; and 5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. B. Objectives. The objectives to this section are: 1. To protect human life and health; 2. To minimize expenditure of public money for costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize prolonged business interruptions; 5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. To help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize future flood blight areas; 7. To ensure that potential homebuyers are notified that property is in a flood area; and 8. To ensure that the ecological and physical functions of wetlands and floodplains shall not be adversely affected. |
| § 4.05.02. General provisions |
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A. Lands to which this section applies. This section shall apply to all areas of special flood hazard within the corporate limits of the City of Chattahoochee, Florida. Areas of special flood hazard are those subject to a one-percent or greater chance of flooding in any given year. B. Basis for establishing the areas of special flood hazard. The areas of special flood hazard are those identified by the Federal Emergency Management Agency and the latest flood insurance rate map with all explanatory matter or material attached thereto, prepared and published by the Federal Emergency Management Agency and adopted by resolution of the city council of the City of Chattahoochee. C. Conditions precedent to granting building permit. All conditions and provisions of this section and chapter 26 of the Code of Ordinances of the City of Chattahoochee must be fulfilled before a building permit pursuant to this code can be issued. D. Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this code and other applicable regulations, including chapter 26, Code of Ordinances of the City of Chattahoochee. E. Incorporation of existing flood damage prevention ordinance by reference. The provisions of Ordinance No. 396, which was adopted by the City of Chattahoochee on March 3, 1987, and which has been codified in chapter 26 of the Code of Ordinances is made a part of this code by reference, and all development activities within the City of Chattahoochee shall conform to and meet the standards and requirements contained therein. F. Abrogation and greater restrictions. This section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. G. Interpretation. In the interpretation and application of this code, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. H. Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the City of Chattahoochee or by any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder. |
| § 4.05.03. Specific standards for flood hazard reduction |
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In all areas of special flood hazards and where base flood elevation data has been provided as set forth in section 4.04.02(B) [4.05.02(B)], or section 4.04.07(A) [4.05.02(A)], the following provisions are required: A. Residential construction. Residential uses are not permitted in wetland floodplain areas, or areas of special flood hazards. No new residential construction nor substantial improvement to existing residences shall be permitted in identified wetland floodplain areas. B. Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation. Buildings located in all A zones may be floodproofed in lieu of being elevated provided that all areas of the building below the required elevation are watertight with walls substantially impermeable to the passage of water and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A professional engineer or architect registered in the State of Florida shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the city building official as set forth in section 4.05.07(B)(3) [section 26-64(1)c. of the Code of Ordinances]. |
| Appendix 4.06.00. Handling And Storage Of Fuel, Hazardous And Toxic Substances And Wastes |
| § 4.06.01. Precautions and prohibited acts |
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A. Developments where fuel or toxic substances will be stored, transferred, or sold shall employ the best available facilities and procedures for the prevention, containment, recovery, and mitigation of spillage of fuel and toxic substances. Facilities and procedures shall be designed to prevent substances from entering the water or soil, and employ adequate means from prompt and effective cleanup of spills that do occur. B. No toxic or hazardous wastes or substances shall be stored in outdoor containers. C. Storage and disposal of all types of wastes is prohibited on shorelines or in wetlands, or near streams, creeks, or other water bodies. |
| § 4.06.02. Regional approval |
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Prior to any local review of a development plan, the city will require regional review and approval by the Apalachee Regional Planning Council, of any development which might have the potential to generate hazardous waste. |
| § 4.06.03. Installation or removal of petroleum storage tanks |
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All stationary aboveground and underground petroleum storage tanks must conform to the provisions of chapter 17-61 F.A.C., and the person installing or removing said tanks must obtain all necessary permits from the department of environmental regulation [department of environmental protection] prior to the installation or removal of such tanks. |
| § 4.06.04. Generation of small quantities of hazardous waste |
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Any person or firm generating small quantities of hazardous waste shall register with the city or appropriate governmental agency as specified pursuant to F.S. §§ 403.7234 and 403.7236. |
| Appendix 4.07.00. Significant Slopes, Steep Heads And Slope Forests |
| Appendix 4.08.00. Incentives For Enhancement Of Environmental Quality |
| Appendix 4.09.00. Historic Resources |
| Appendix 4.10.00. Archeological Resources |