3166 Ordinance No. 3166
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 1990, SAID ORDINANCE BEING THE LAND
DEVELOPMENT REGULATIONS OF SAID CITY SAID AMENDMENT
MAKING MAJOR REVISIONS TO MINING REQUIREMENTS IN SCHEDULE
B - PERMITTED USES; SCHEDULE E - ADDITIONAL REQUIREMENTS
FOR SPECIFIC USES; AND, MODIFICATIONS TO WELLFIELD
PROTECTION REQUIREMENTS IN SCHEDULE M - ENVIRONMENTALLY
SENSITIVE LANDS; PROVIDING FOR SEVERABILITY, CONFLICTS
AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: Ordinance No. 1990, said Ordinance being the Land
Development Regulations of the City, Schedule B - Permitted Uses - Agricultural
Section is amended to read as follows:
SCHEDULE B
PERMITTED USES
LAND USE SR- SR- SR S MR MR MR RM RC GC SC RI MI- A P
CATEGORY 1AA 1A -1 R- -1 -2 -3 OI -1 -2 -3 -1 2 G D
2
]AGRIcuLtuRAL I II I
ANIMAL C ~ *
RAISING
AGRICULTURAL C C C *
PROCESSING
ESTABLISH-
MENT
"C" indicates that the use listed is permitted within the
corresponding zoning district only after being approved
a conditional use. (See Section 3.7, Conditional Uses).
"*" indicates that the use listed is permitted subject to
complying with Planned Development Project Regulations.
(Schedule D, Planned Development Project Regulations).
SECTION2: Ordinance No. 1990, said Ordinance being the Land
Development Regulations of the City, Sdhedule E - Additional requirements for
specific uses is amended to read as follows:
SCHEDULE E
ADDITIONAL REQUIREMENTS FOR SPECIFIC USES
SECTION 11.0 MINING AND EXCAVATION
All mining and resource extraction such as but not limited to sand and peat
excavation shall be conducted according to an excavation and reclamation plan
approved by the City Commission pursuant to procedures for PD, Planned
Development rezonings. Because of the high potential for surface and groundwater
contamination associated with mining and extraction activities, a horizontal
impervious layer (:possibly including a portion of the extracted resource) shall, if
feasible, be left undisturbed and unpenetrated beneath all excavated areas, The
amount and location of the impervious layer to remain intact, if any, will be
determined by soil surveys prior to excavation. The mining operator or owner shall
submit to the Administrative Official said excavation and reclamation plan as part of
the Planned Development Project Master Plan which shall include but not be limited
to the following information:
A. Quantity of material to be mined or extracted.
B. Scaled plans and drawings that indicate area and dimensions of proposed
mining.
C. Timeframe, dates and phasing of each increment of mining or extraction
activity.
D. Soil survey prepared by a geotechnical engineer registered in the State of
Florida depicting the feasibility of retaining an impervious layer of material
and amount and location of such impervious layer.
E. Restoration and reclamation plan including scaled drawings and plans that
indicate restored elevations, restoration materials, landscape, revegetation,
structures and uses after mining or each phase or increment thereof has been
completed.
F. Setbacks, buffers, fencing, landscaping and other methods of protecting
adjacent land from adverse impact of proposed mining activities.
G. Hydrologic survey prepared by hydrology engineer registered in the State of
Florida depicting the ground water conditions and impact of the mining and
excavation activity on same.
Section 11.1 Mining Criteria
All mining shall comply with the following criteria and standards:
A. Setbacks to the edge of the excavation shall be a minimum of one hundred
(100) feet from the right-of-way line of any public road and from all property
lines provided however that the setback shall be 200 feet from land zoned
residential and/or existing residential land uses located off the site. In
addition, setbacks to the edge of the excavation shall be a minimum of three
hundred (300) feet from wetlands or natural surface waters, two hundred and
fifty (250) feet from private wells and five hundred (500) feet from public
potable water wells.
B. No stockpiling of earth from any mining or excavating operations may be
within the setback areas. Setback areas shall remain undisturbed during the
borrow operation except for access roads as shown on the approved plans.
C. PropertycornersshallbesetwithPermanentReferenceMonuments(P.R.M.s)
at the property corners. Buffer areas shall be flagged prior to start of work.
D. The entire perimeter of the site shall be enclosed with at least four (4) feet
high hog wire fence plus two (2)) strands of barbed wire reaching a total
height of at least six (6) feet, or equivalent fence, prior to the start of
operation. An access gate which shall be locked and secured when the borrow
pit is not in operation and provides a minimum opening width of twenty (20)
feet shall be installed.
E. Warning signs a minimum size of thirty-two (32) square feet shall be located
prominently at the perimeter of the site on each side of the property not more
than five hundred (500) feet apart and at the entrance. The sign shall have
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Ordinance No. 3166
a white background with twelve (12) inch high red letters stating "Posted, No
Trespassing, Construction Site. n The sign at the entrance shall also contain
the Owner or Operator's emergency daytime and nighttime phone numbers for
the Fire and Police Departments' use in the event of emergencies. Vehicular
control signs shall include a thirty (30) inch hi-intensity "Stop" sign at the
exit and a forty-eight (48) inch "Trucks Entering and Leaving Highway" in
each direction from entrance shall be posted. Signs shall conform to
M.U.T.C.D. Standards.
F. Side slopes of the finished excavation shall be as follows:
1. Wet ponds - 6:1 (six foot horizontal to one foot vertical) to a water
depth of three (3) feet, then 2:1 to a water depth of six [6) feet then
1: 1 to the bottom. A minimum water depth of six (6) feet and a minimum
surface width of fifty [50) feet is required to prevent the creation of a
stagnant pool.
2. Dry ponds - 4:1 slopes.
G. Traffic control is the responsibility of a pit, mine or excavation operator.
Traffic control shall be provided by the said operator when deemed necessary
by the Administrative Official.
H. All operations accessing paved roads shall provide a driveway paved with
asphalt or concrete to industrial standards from the edge of the existing
paved road to the right-of-way line, at the entrance to the site and, when
located on a two-lane road, shall widen the opposite side of the road by six (6)
feet from radius point to radius point to provide an adequate turning area.
The applicant is responsible for restoration of any and all damages to roads
resulting from the hauling operation. The gates of all trucks shall be cleaned
prior to exiting the site and the pit, mine or excavation operator shall remove
all dirt from the pavement at the end of each day and during the day if
necessary.
I. All operations accessing unpaved roads shall be responsible for full-time
maintenance of the unpaved road at the applicantls sole expense in a condition
satisfactory to the City's Public Works Department. Equipment for grading
and watering of the road shall be available and a schedule for the maintenance
approved prior to the start of work.
J. Quality of effluent water shall meet Florida Department of Environmental
Protection [F. D. E. P. ) regulations for the type of receiving surface water.
The F.D.E.P. classification of receiving waters shall be shown and the pre-
treatment methods to be used prior to discharge shall be detailed. Well point
water may not require pre-treatment prior to discharge, however, all water
removed by other methods shall require pre-treatment. The more stringent
of F.D.E.P. regulations or this schedule with respect to dewatering shall
apply.
K. A minimum separation of ten feet (101) between the bottom of any pit, mine,
excavation or lake pit and the top of the sub-surface limestone formation shall
be maintained.
M. Reclamation and revegetation planrings shall, at a minimum, be planted as
follows:
1. Installation of planrings shall begin with thirty [30) days following
completion of the borrow, mining or excavation operation and be
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Ordinance No. 3166
completed within ninety (:90) days of starting date. A Certificate of
Completion shall not be issued until the reclamation plantings have been
completed.
2. Borrow pits, mines or excavation activities which result in the creation
of a lake or pond shall provide planrings of a mixture of at least two (2)
species each of native wetland trees, shrubs, plants and grasses in,
along and within fifty feet (50~) of the water to achieve a cover of at
least seventy percent (:70%) above normal water level and thirty percent
(30%) below normal water level at the end of one (1) year and ninety
percent (90%) above normal water level and sixty percent (60%) below
normal water level at the end of two (2) years. A minimum of one (1)
tree two-inches (2") in diameter at breast height, and twelve (:12) tree
saplings, a minimum of twelve inches (12') in height, shall be planted
for every one thousand (1,000) square feet of property to be reclaimed
or revegetated,
3. Planrings of a mixture of at least three (3) species each of native trees,
shrubs, plants and grasses shall be planted in and upon disturbed
uplands to achieve a cover of at least seventy percent (70%) at the end
of one (1) year and ninety percent (:90%) at the end of two (2) years.
A minimum of one (1) tree, two inches (2") in diameter at breast height,
and twelve (12) tree saplings, a minimum of twelve inches (12") in
height, shall be planted for every five hundred (500) square feet of
disturbed uplands property.
4. Topsoil or natural organic material shall be placed in all disturbed areas
to provide soils enrichment necessary for healthy plant growth.
5. Lakes shall be stocked with native freshwater fish in order to more
quickly establish a wildlife habitat. Lakes shall be stocked with a
minimum of fifty (50) fingerlings per acre of water after completion of
shoreline planrings.
6. The property owner shall guaranty for a period of no less than two (:2)
years, the growth and establishment of the planrings by the posting of
a bond or other instrument acceptable to the City. During the two (2)
year period, the owner shall be responsible for all continuous
maintenance necessary to ensure growth, to correct and control
erosion, to replace vegetation that has failed to survive and to remove
all vegetation not acceptable to the City and which exceeds ten percent
(:10%) of the reclamation planrings,
M. The conversion or use of any borrow pit, mine or excavation site as a landfill
is prohibited.
No The conversion or use of any lake or pond created as a result of a borrow pit,
mine, or excavation site as a stormwater retention area in circumstances in
which seventy percent (70%) or more of the resulting pond exceeds ten feet
(:10') in depth may be permitted only if a separate retention area provides
pollution control volume for the first one-half (1/2") of runoff prior to
discharge into the pit.
O. If the mining is not completed or to be completed as planned and set forth on
plans approved by the City, the owner shall apply to amend and modify such
plans through the same procedures in which they were approved.
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Ordinance No. 3166
SECTION 11.2 BOND
As a condition for granting of a permit for mining activities, the applicant shall post
a bond or other instrument acceptable to the City in compliance with Article VI I,
Improvements and Maintenance and Article IX, Development Agreements as set forth
in these regulations. Such bond shall be posted prior to the issuance of a permit to
conduct the proposed mining activity. The bond shall be devised so that it will be
valid for as long as construction is active. Further, in order to guarantee that the
applicant corrects any damage that may occur to public streets or roads, adjacent
structures or wells, or to the environment, and to assure that the borrowing, mining
or excavation conforms to the specific requirements of these land development
regulations and to any special conditions made by the City Commission at the time of
approval of this application, such bond shall be valid for a minimum period of two
years and up to five years after the completion of the mining activity and issuance
of the certificate of completion by the City.
SECTION 3: Ordinance No. 1990, said Ordinance being the Land
Development Regulations of the City, Schedule M - Environmental Sensitive Lands
is amended to read as follows:
SCHEDULE M
ENVIRONMENTALLY SENSITIVE LANDS
SECTION 6.0 WELLFIELD PROTECTION
A. Purpose and Intent. The purpose and intent of this Section is to protect
potable water from contamination by establishing primary and secondary
protection zones around municipal potable water wells and prohibiting certain
land uses and activities within the zones which have the potential to
contaminate groundwater.
B. Applicability. The regulations set forth herein shall apply to all development
proposed in areas surrounding a wellfield within primary and secondary
protection zones).
C. Establishment of Wellfield Protection Zones.
1. Primary Protection Zone. Primary protection zones shall include all
land within a two hundred (200) foot radius of any existing or
scheduled public wellhead.
2. 5econdary Protection Zone. Secondary protection zones shall include
all land within the 10 year horizontal capture zones of the Upper
Floridan aquifer for each wellfield. Capture zone delineations are the
result of analyses by St. Johns River Water Management District based
on the U.S. Environmental Protection AgencyIs Wellhead Protection
(WHPA) model.
D. Mapping. Wellfield Protection Zone Maps shall be available for review in the
Department of Engineering and Planning. Such maps will designate and
graphically represent the primary and secondary wellfield protection zones
and may be amended from time to time as updated information becomes
available.
E. Restrictions Within the Zones. Prohibited land uses and activities within the
protection zones are as follows:
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Ordinance No. 3166
1. Primary Protection Zone. The following land use activities shall be
prohibited within the primary protection zone: sanitary landfills,
animal feedlots, wastewater treatment facilities, petroleum and pesticicle
storage facilities, incinerators, and all other activities that store,
handle, or generate hazardous materials or wastes. Above-ground or
below-ground pipes which store or transfer pollutants or other
contaminants as well as open drainage cuts below the seasonal high
water table shall also be prohibited within the primary protection zone.
All development other than wellfield facilities or passive recreation or
open space shall only be permitted as a conditional use.
2. Secondary Protection Zone. The following land use activities shall be
prohibited within the secondary protection zone: sanitary landfills,
junkyards, solid waste disposal other than brush and stump, animal
feedlots, wastewater treatment facilities, petroleum and pesticide
storage facilities, incinerators, and all other activities that store,
handle, or generate hazardous materials or wastes. Automotive service
and repair shops, car washes, truck terminals, ground or below-
9round pipes which store or transfer pollutants or other contaminants
as well as open drainage cuts below the seasonal high water table shatl
only be permitted as a conditional use.
F. Wellfield Protection Zone Review Process. The City shall review all site plans,
master plans, and subdivision plan for consistency to the terms and
requirements of this Section and no application or plan shall be approved
unless full compliance is demonstrated. Permits issued in violation of this
Section confirm no right or privilege on the grantee.
SECTION 4: If any section or portion of a section of this ordinance proves to
be invalid, unlawful or unconstitutional, it shall not be held to impair the validity,
force or effect of any other section or part of this ordinance.
SECTION 5: That all ordinances or parts of ordinances in conflict herewith
be and the same are hereby revoked.
SECTION 6: That this ordinance shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED this q+k day of iqugus+ , A.D., 1993.
_,MAyOR(~ ~' ~
ATTEST:, ""
DEPUTY ,
~e'City Commission of the City of
Sanford, Florida
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Ordinance No. 3166
CERTIFICATE
I, Linda Brace, Deputy City Clerk of the City of Sanford,
Florida, do hereby certify that a true and correct copy of the
attached Ordinance No. 3166, PASSED and ADOPTED by the City
Commission of the City of Sanford, Florida, on the 9th day of
August, 1993, was POSTED at the front door of the City Hall in the
City of Sanford, Florida, on the 10th day of August, 1993.
utA
s the ep y City Clerk of
the City of Sanford, Florida
c~~ z~ Revised Wellhead Protection Zones
&/A~e wm.~/~ City of Sanford
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Depart~nt of En~ring and Pinning, City of ~nford, Ju~ 1993