§ 10-4.202. Pre-development environmental analysis reviews.

(a)

Every application for standard form permit, for subdivision approval, for conceptual or final PUD approval, for approval of any project which includes 40 percent or more area of the proposed site located in a conservation or preservation overlay district, for every required application for site and development plan approval, for all roadway projects on new locations, and all widening of existing roadways, shall be accompanied by an environmental analysis which shall become, upon approval, a part of the final development approval. The environmental analysis shall include the following components:

(1)

Natural features inventory (NFI). The identification and mapping of conservation areas, preservation areas and special development zones, located on or adjacent to the property under review. A natural features inventory—No impact, may be submitted in lieu of a standard natural features inventory if the property under review is less than 20 acres in size and contains no conservation areas, preservation areas or special development zones. Conservation and preservation areas are defined as:

Conservation areas. Altered floodplains, altered floodways, altered watercourses, high quality successional forest, significant grades (10—20 percent), archaeological or historical sites, closed basins, and designated canopy roads protection zones.

Preservation areas. Wetlands, waterbodies, floodplains and floodways, watercourses, native forests, severe grades (greater than 20 percent slope), areas of environmental significance (springs and other active karst features), habitat for endangered, threatened, or species of special concern.

The natural features inventory will be performed by a qualified professional and shall include:

a.

Identification of all endangered and threatened species, all species of special concern, and their habitat, which are located on the property, and which are located adjacent to the property to the best of the applicant's knowledge after reasonable investigation. Wildlife corridors must also be identified, as well as habitats for species expected to occur on-site. Species identification shall include scientific names.

1.

Identification of species will be based on a visual survey of the site using appropriate methods and at times that maximize chances for species identification. Surveys shall focus on species known to occur on-site, adjacent off-site, or species known to use available habitat type found on-site. A narrative description of survey method used and a map of survey transect and/or point locations are required. Current survey guidelines or protocol provided by state and federal agencies shall be used where applicable. Where guidelines or protocol are not available from federal or state agencies, survey method shall be based on species biology and ecology. Limited survey designs that do not detect species presence should not be used to infer species absence, due to seasonal variations of the species and its habitat. Any signs of habitat use by the species, including evidence of feeding, tracks, trails, or scat shall be reported.

2.

An assessment of the species and its habitat will be based on the following factors provided by the applicant: Population size or population estimate; number of individuals on-site; distance to nearest known occurrence; and habitat suitability based on Leon County's Natural Community Criteria or the individual species needs. State and federal agency guidelines for assessing the species and its habitat shall be used where applicable.

b.

A narrative description and classification map of all on-site plant communities and those which are located adjacent to the property to the best of the applicant's knowledge after reasonable investigation. Species identification shall include Latin names. Quality of the upland plant communities shall be evaluated and provided based on Leon County's Natural Plant Community Criteria. A narrative description of observed non-listed wildlife shall be provided.

c.

Identification of natural grades, including the nature and extent of soils, located on the property, and which are located adjacent to the property to the best of the applicant's knowledge after reasonable investigation.

d.

Mapped inventory of on-site conservation and preservation features, special development zones, topography, drainage basin and watershed divides, tributaries, underground storage tanks, water wells, soils types and a narrative, drawn, or mapped inventory of adjoining and downstream environmental constraints to the best of the applicant's knowledge after reasonable investigation. Maps must be provided at a standard engineering scale no smaller than 1"=400'. Submittal of digital files of surveyed feature points in AutoCAD or a GIS feature class, spatially referenced to the county's current geographic datum, shall be required.

e.

Identification of the 100-year floodplain for properties that have all or a portion of their area located within the 100-year floodplain. Where a FEMA base flood elevation was not provided, the applicant should use the best available data from the inventory of drainage studies to determine the base flood elevation. Available studies may include, but are not limited to, the USGS-91 study, a private engineering study, or the certified results of a county-approved drainage study performed by a professional engineer licensed in the State of Florida.

(2)

Standards for the protection of natural features. If an application contains one or more of the preservation/conservation areas and/or special development zones listed in subsection (1) above, the applicant shall propose measures to mitigate the adverse affects of the development on such areas, using as a minimum, the standards and guidelines set forth below. Details of the proposed mitigation for on-site preservation/conservation areas must be supplied with the environmental impact analysis application.

a.

Preservation areas. Development activity is prohibited in preservation areas, however if there is no other suitable option development may be allowed at one unit per 40 acres not to exceed a total of five percent disturbance for preservation areas. Conservation easements which include the limits of the feature within the subject parcel and the appropriate buffer and setback requirements stated below shall be required for all preservation areas. Conservation easements shall be dedicated in favor of the county.

1.

Wetlands, waterbodies, and watercourses. These features shall be protected in accordance with section 10-4.322, section 10-4.324 and subsection 10-4.327(3). Buffers are required in accordance with Table 1 of subsection 10-4.202(a)(2)e. A minimum 50-foot vegetated buffer must be maintained from the jurisdictional boundary of all wetlands.

2.

Floodplains and floodways. These features shall be protected in accordance with subsection 10-4.327(3). A drainage or conservation easement is required for the limits of the 100-year floodplain and any floodway as determined during the natural features inventory.

3.

Native forests. Native forests shall be protected as follows:

(a)

Areas determined to be native forest shall be preserved to the boundary determined during the natural features inventory plus a minimum 25-foot buffer and placed in conservation easement.

(b)

When impact to the native forest is unavoidable and does not exceed the five-percent disturbance criteria, priority must be given to preserve the largest total area of the native forest by considering adjacent on and off-site native forests and associated wetlands, floodplains, significant and severe slopes, and canopy road protection zones, while ultimately minimizing fragmentation of the natural plant community.

(c)

The preserved native forest areas shall be maintained and enhanced in accordance with a vegetation management plan. The plan shall ensure protection and appropriate management of the native forest, including protection from secondary impacts of development. The plan shall, at a minimum, provide the following: Description and mapped limits of the native forest; description of desired future conditions; description of management techniques; management and monitoring schedules; estimated costs; designated responsible management entity; and conservation easement signage.

4.

Severe grades. Regions of severe grade (areas with greater than 20 percent slope) shall be preserved to the boundary determined during the natural features inventory and placed in conservation easement in accordance with subsection 10-4.327(2).

5.

Areas of environmental significance. Areas of environmental significance include springs and other active karst features. The limits of the feature as determined by the uppermost contiguous contour or slope break plus a minimum buffer width of 35 feet shall be placed in conservation easement as outlined in section 10-4.325.

6.

Habitat for endangered, threatened, and species of special concern.

(a)

Habitats of endangered, threatened, and species of special concern shall be preserved to the boundary of suitable habitat determined during the natural features inventory, plus a minimum 20-foot vegetated buffer, and placed in a conservation easement. Habitat preserve designs and buffers recommended by state and federal agencies shall be followed where applicable. Essential corridors for movement must also be provided.

(b)

Where impacts to the habitat cannot be avoided, on-site mitigation may be allowed, provided that the following are demonstrated by the applicant and all other ordinances have been met:

(1)

The preserved habitat areas are placed in a conservation easement.

(2)

Priority is given to preserve the largest areas, considering adjacent off-site habitat, that are of highest quality and will most likely protect the population and its habitat by preventing fragmentation. Effects of preserve configuration and protection of corridors must also be considered.

(3)

The mitigation will result in a net benefit to the species and is supported by published scientific research.

(4)

The preserved habitat area is proven to support the population of the species occurring on-site.

(5)

The preserved habitat areas are restored or enhanced where needed.

(c)

A habitat protection and management plan shall be required and shall, at a minimum, meet guidelines provided by state and federal agencies. The plan shall ensure adequate protection and appropriate management of the listed species and its habitat, including protection from secondary impacts of development. The plan shall, at a minimum, provide the following: description and mapped limits of the habitat and listed species locations; description of desired future conditions; description of vegetation management techniques; management and monitoring schedules; estimated costs; a designated responsible management entity; conservation easement signage; buffers; protection during construction; and methods for reducing impacts from passive use, invasive plants, and domestic or feral animals.

b.

Conservation areas. Development activity is permitted within conservation areas provided that it is specified in the document establishing the conservation area and is consistent with the following criteria:

1.

Altered floodplains. Development is allowed within altered floodplains provided that no floodway is adversely affected, compensating volume is provided for any net fill within the floodplain, and the lowest floor elevation of any structure is placed at or above the flood protection elevation.

2.

Altered floodways. Development shall not be allowed in areas designated as floodways, as defined in section 10-1.101. However, public sector infrastructure projects shall be allowed if it can be shown by certified technical methods, approved by the county administrator or designee, that the development activity will not cause an increase in the 100-year floodplain profile. For floodways not designated as FEMA floodways, it shall be demonstrated that all activities associated within the development shall not increase the 100-year floodplain elevation offsite.

3.

Altered watercourses. Development is allowed within altered watercourses pursuant to meeting other Code sections if compensating volume is provided for any net fill within the watercourse, and the lowest floor elevation of any structure is placed at or above the flood protection elevation.

4.

High quality successional forest. Impacts to the forest must meet the following criteria:

(a)

If the entire parcel under review is considered high quality successional forest, then the site may be developed at the allowed density with no more than 20 percent disturbance of the site or 4,000 square feet, whichever is greater.

(b)

If the site is not entirely high quality successional forest, development density shall be transferred to non-environmentally sensitive areas at the allowed density to the extent practicable. If the transfer option is not used and impact is unavoidable, development may be permitted at a density of one unit per two acres with a maximum disturbance of five percent or 4,000 square feet per two acres, whichever is greater.

(c)

Those areas designated to be preserved shall be placed in conservation easement. Priority must be given to preserve the largest total area of the high quality successional forest by considering adjacent on and off-site high quality successional forests and associated wetlands, floodplains, significant and severe slopes, and canopy road protection zones, while ultimately minimizing fragmentation of the natural plant community.

(d)

The preserved high quality successional forest areas shall be restored and enhanced in accordance with a vegetation management plan. The plan shall ensure protection and appropriate management of the high quality successional forest, including protection from secondary impacts of development. The plan shall, at a minimum, provide the following: description and mapped limits of the high quality successional forest; description of desired future conditions; description of management techniques; management and monitoring schedules; estimated costs; designated responsible management entity; and conservation easement signage.

5.

Significant grade area. Significant (ten percent to 20 percent slope) grade areas shall be protected in accordance with subsection 10-4.327(2)c.

6.

Closed basins.

(a)

Development activity within closed basins must meet the standard outlined in section 10-4.301 and 10-4.303.

(b)

One-hundred-year storm event flood exclusion area. The applicant shall determine the post-development critical 100-year storm event flood elevation within the closed basin assuming full build-out of all on-site and off-site property within the closed basin. A broad range of storm durations and sequences, up to a ten-day duration, shall be analyzed and the storm sequence generating the highest flood elevation shall be utilized. No on-grade structures or other development activity shall be permitted below the critical 100-year storm event flood elevation other than those which are approved under this article relating to landscaping, stormwater management, sidewalks, roads, and outside passive recreation facilities. All property of the applicant located within the 100-year storm event floodplain shall be encumbered by the applicant with flood easements for the benefit of the public, and deed restrictions enforceable by the local government, prohibiting all uses which violate this restriction. If the applicant owns all of the property within the existing 100-year floodplain and no other sensitive features are present, disturbance to the floodplain may be allowed as long as sufficient storage volume exists for all of the requirements of this subsection and there are no adverse impacts to adjacent property owners. If the pre-existing 100-year floodplain is recontoured within the site under this provision, the lowest elevation of the reconfigured floodplain shall be at least five feet above seasonal high water table and shall not cause any adverse impacts to the aquifer.

7.

Cultural resources. Significant cultural resources shall be protected in accordance with section 10-4.329. A cultural resource protection plan is required for areas containing identified significant cultural resources. This plan may require a conservation easement encompassing the cultural resources, provision of public access to the cultural resource site, or other measures to protect, maintain, and manage the resource or to mitigate for impacts to the resource.

8.

Canopy road. The canopy road protection zone includes all lands within 100 feet from the centerlines of the roadways. The uses permitted in the canopy road protection zone are those uses permitted in the underlying zoning district. Canopy road citizens' committee review is required when development is proposed within the canopy road tree protection zone. The following special restrictions shall apply within the canopy road protection zone:

(a)

All structures, including fences, shall be set back a minimum of 100 feet from the centerline of the canopy road unless there is no reasonable alternative in the case of a vested single family lot of record. Any disturbance to the protection zone shall be minimized to the greatest extent possible, but not cause an unreasonable and undue hardship on the use of the property. Structures are permitted to prevent motorized vehicles from accessing trail approaches.

(b)

Any structure which exceeds 40 feet in height must be set back an additional one foot for every one foot in excess of 40 feet in height;

(c)

No development may occur in the canopy road protection zone unless authorized for health, safety or welfare of the public;

(d)

Any part of the canopy road protection zone that is disturbed for roadway projects must be widened by the same amount that was disturbed in the same location if possible, or another reasonable location, and shall be replanted if necessary, with native, non-invasive canopy trees, understory trees and shrubs;

(e)

A full analysis of the impact of a development on the affected canopy road as described in section 10-4.206(b) shall be submitted by the applicant as a component of the environmental permitting;

(f)

Joint access to canopy roads shall be required for newly created lots unless there is no alternative;

(g)

If the site is accessible by roads other than the canopy road, it shall not have direct vehicular access to the canopy road;

(h)

The canopy road tree protection zone shall be preserved by a conservation easement or preservation affidavit;

(i)

No removal of understory vegetation (underbrushing) shall be allowed within the canopy road tree protection zones, except as specified in a vegetation management plan, submitted to and approved by the county administrator or designee, which outlines specific planting and maintenance operations designed to restore or maintain the natural vegetation component of a specific canopy road section, and is consistent with the objectives of this chapter.

(j)

Repair and maintenance of existing lawfully established structures, including fences, shall meet the following requirements:

(1)

Emergency repairs to existing structures or fences that are necessary for public health, welfare and safety issues, as approved by the county administrator or designee, are exempt from permitting requirements if the repairs do not impact protected trees, do not increase the encroachment within the canopy road protection zone, and the material is the same or less visually intrusive than that used to construct the original structure or fence.

(2)

Repair and maintenance of existing lawfully established structures and fences may be allowed upon finding in the affirmative in regard to the following factors: a) that it is not in conjunction with a change of use of the subject property; b) that, if it is in conjunction with a fence, that the proposed construction shall be with the same, or less visually intrusive, materials as the fence was originally constructed; c) the proposed methods and techniques for repair and maintenance shall not be detrimental to canopy road protection zone resources.

(k)

Sidewalks shall be a maximum of six feet in width. The county administrator or designee may allow up to a maximum of ten feet in width if mitigation is sufficient to offset the negative impacts to the canopy. In determining whether a sidewalk will be permitted in the canopy road overlay, the impacts to other conservation/preservation areas will be considered. A natural feature inventory shall be submitted for assessment and determination of placement of the sidewalk. In cases where the proposed sidewalk would detrimentally impact other conservation/preservation areas in the canopy road overlay, as determined during environmental permitting, the sidewalk shall not be allowed. Emphasis shall be on placing the sidewalk such that impacts to trees and native vegetation are minimized.

(l)

Gates are permitted over a lawful driveway connection. The appearance shall not be opaque, and it shall be in character with the surrounding area. It shall be a utilitarian type swing gate and located no closer than 30 feet from the edge of the travel lane of the canopy road.

c.

Special development zones. Development within special development zones shall meet the requirements in section 10-4.323. All areas to remain protected shall be placed in one or more conservation easements.

d.

Invasive exotic plant control. Where a conservation easement is required for protection of preservation areas, conservation areas or special development zones, pursuant to subsection 10-4.202(2), all invasive exotic plants, identified on Leon County's List of Invasive Plant Species, located within the easement area shall be controlled. The applicant shall provide a management plan which identifies listed exotic plants located within the easement area, existing percent cover, proposed treatment method, herbicide if required, treatment schedule, and estimated cost. The goal of the plan shall be to achieve less than one-percent cover of invasive exotic plants within the easement area. A management entity responsible for funding and implementation shall be identified. A monitoring report detailing management activities and current percent cover of invasive exotic plant species shall be provided at the time of each operating permit renewal.

e.

Table of Standards for the Protection of Natural Features is included herein as Table 1. If an application includes land on which one or more of the natural features listed within the table is present, the applicant shall propose measures to mitigate the adverse effects of the development on such constraints, using as a minimum the mitigation measures set forth in the table, but in addition may include other appropriate mitigation techniques which would meet the objectives thereof.

Table 1. Table of Standards for the Protection of Natural Features

Natural features
Waterbodies	Conservation easement to O.H.W. line plus 50 feet naturally vegetated buffer
Watercourses	Conservation easement to O.H.W. plus 50 feet
Wetlands	Conservation easement to jurisdictional line plus 50 feet
Floodplain	Drainage easement to critical 100-year post-development floodplain elevation; conservation easement to 100-year floodplain if additional natural features are present
Native Forest	Conservation easement to boundary determined during the NFI plus a minimum 25-foot buffer—A Vegetation Management plan is required.
High Quality Successional Forest	Conservation easement to boundary determined during the NFI plus a minimum 20-foot buffer—A Vegetation Management plan is required. If entire site is comprised of HQSF, then the site may be developed at 4,000 square feet per two acres or no more than 20 percent of the parcel. If site is not entirely HQSF, then a maximum disturbance of five percent or 4,000 square feet, whichever is greater.
Severe Slopes	Conservation easement in accordance with subsection 10-4.327(2)
Significant Slopes	Conservation easement in accordance with subsection 10-4.327(2)
Closed Basins	Retention of 100-year post-development volume increase/soil tests to verify percolation
Habitats of Special Concern, Threatened and Endangered Species	Conservation easement to limits of suitable habitat plus a minimum 20-foot buffer. Protection and management plan required (approved by local, state and federal resource management agencies if applicable)
Areas of Environmental Significance	Conservation easement to uppermost contiguous slope break plus a 35-foot setback. Conservation easement to uppermost contiguous slope break plus a 50-foot setback for Heavy Industrial, Heavy Infrastructure, Light Infrastructure. Minor-Light Industrial, Light Industrial Park, Interchange Commercial, and Uses involving regulated hazardous materials.
Cultural Resources	Protection plan is required if significant cultural resources are present as set forth in section 10-4.329

 

(3)

Environmental Impact Analysis (EIA), consisting of a conceptual development plan and an analysis of its impact on the natural features identified in the NFI. The analysis should address all of the applicable items in the "Environmental Impact Analysis Application". In general this application includes the following:

a.

A conceptual development plan.

b.

An assessment of the project impact on any endangered, threatened, or special concern species and its habitat. A description of any management plans which are proposed to eliminate project impact and which have been submitted to the state and federal agencies for review where applicable. Management plans must comply with the requirements of subsection 10-4.202(a)(2)a.6.(c) Any permit issued for development on a site which includes endangered, threatened, or special concern species or their habitat shall be contingent upon approval by state or federal agencies where such approval is required by state or federal law.

c.

Description of proposed changes in vegetative and tree cover, including specific identification of all protected trees 36-inch DBH or greater and all dogwoods four-inch DBH or greater. If the tree debit/credit option is proposed, all protected trees must be specifically identified.

d.

Description of proposed changes in natural grades, including identification of the nature and extent of soils and soil disturbance, and proposed erosion, sedimentation, and water management techniques and development practices to be employed.

e.

Evaluation of water quality impacts which may result from the proposed action, including such parameters as pre-development and post-development discharge of nutrients, sediments, and other pollutants.

f.

Evaluation of changes in volumes and rates of stormwater runoff, including significant impacts on the water table, surface water flows, and water levels of downstream wetlands, watercourses, and water bodies.

g.

Evaluation of adequacy of downstream conveyances to carry rate and volume of stormwater runoff to a receiving wetland or water body, both during construction and after development. This evaluation may include calculations or modeling.

h.

Environmental impacts on all additional on-site, adjoining, and downstream conservation and preservation areas, including wetlands, altered and undisturbed watercourses, water bodies, active karst features, altered and undisturbed floodplains and floodways, significant (ten—20 percent) and severe grades over 20 percent, native forests, high quality successional forests, drainage basins, including closed basins, designated canopy road corridors, cultural resources, special development zones, and areas of environmental significance.

i.

Verification that all newly proposed lots have sufficient buildable area outside of environmental constraints and special development zone (SDZ) restrictions. Sufficient buildable area shall be considered one-half acre of contiguous area if the lot has a septic system, environmental constraints, and/or SDZ restrictions, or the allowable zoning density if there are no site constraints.

j.

Mitigation as required in subsection (2). The EIA may be waived if there is no required mitigation for sensitive features and no anticipated stormwater problems that could affect the site plan (in this case, the stormwater items in the EIA application shall be addressed in stormwater permitting).

(b)

Sufficiency of applications. Any application which requires an environmental impact analysis pursuant to subsection (a) above, shall not be accepted for filing and processing unless an NFI has been completed and approved by the environmental compliance division. The EIA will be submitted after approval of the NFI and as part of the above application. The EIA shall be sufficiently complete to allow a review of possible adverse impacts of the proposed development activity. Within 15 working days after the submission of a complete NFI or EIA application, the county administrator or designee shall determine that the application is approved, approved with conditions, denied or does not contain sufficient information for review, and shall notify the applicant of such determination as soon as reasonably possible thereafter. Each additional resubmittal will be reviewed within 15 working days.

(Ord. No. 07-20, § 2, 7-10-07; Ord. No. 08-03, § 1, 1-29-08; Ord. No. 08-23, § 3, 11-25-08; Ord. No. 09-23, § 3, 7-14-09; Ord. No. 12-07, § 5, 5-8-12; Ord. No. 14-10, § 6, 6-10-14; Ord. No. 17-10 , § 2, 6-20-17)