Orange County |
Code of Ordinances |
Chapter 15. ENVIRONMENTAL CONTROL |
Article XI. ECONLOCKHATCHEE RIVER PROTECTION |
§ 15-442. Basin-wide regulations.
(a)
A survey of those species designated as endangered, threatened or species of special concern pursuant to F.A.C. sections 39-27.003, 39-27.004 and 39-27.005, respectively, shall be required as part of all development applications where there is reasonable expectation, based upon the range and habitat requirements of these species, that such species utilize any habitat within the boundaries of the Econ River Basin which is the subject of the development application. Such surveys shall utilize the "Wildlife Methodology Guidelines" published by the Florida Game and Freshwater Fish Commission. If endangered, threatened or species of special concern are found on the project site, any proposed development within the habitat of the species shall protect the values of the habitat for that species. A management plan shall be required of the development for the protection of an endangered, threatened or species of special concern and shall become part of the conditions of approval for the project.
(b)
Where landscaping is required, the design shall include the use of native plant species and minimize removal of understory vegetation to the greatest extent practical so that wildlife habitat will be preserved and maintained and the landscaped areas will blend into nearby natural areas.
(c)
Sufficient separation shall be required between stormwater management structures and conservation areas (as defined in section 15-364) to ensure no adverse impact to the hydrologic regime of the conservation area.
(d)
Surface waters shall be managed to encourage native vegetation where the vegetation does not impede water flow in the county's primary drainage system.
(e)
Wet detention treatment systems, as defined by F.A.C. ch. 40C-42, shall be required for those areas where dry retention/detention is not possible due to limited percolation capacity. Design of the wet detention treatment system shall be consistent with the guidelines in section 15-447 of this article. In addition to wet detention, created forested or herbaceous wetland areas shall be encouraged and incorporated into system design where feasible to further enhance stormwater treatment while also providing wildlife habitat values.
(f)
Upland buffers averaging fifty (50) feet in width with a minimum of twenty-five (25) feet in width shall be required for class I and II conservation areas as such areas are defined in section 15-364. Where feasible, upland buffers for these conservation areas shall connect with each other and with larger natural systems. Mitigation, density or open space credits for upland buffers shall be given. Density credits for upland buffers of the conservation area shall be not less than that which is allowable under the zoning ultimately approved by the county and transferred to developable portions of the same property.
(g)
Peak discharge rates for surface water management systems shall not exceed the predevelopment peak discharge rate for the mean annual storm (24-hour duration, 2.3-year return period, 4.4 inches of rainfall) and the 25-year storm (24-hour duration).
(h)
All proposed development within two thousand (2,000) feet of the Econ River and its named tributaries shall submit as part of the development application information a statement from the Florida Division of Historical Resources or an archaeological consultant as to the potential for any archaeological or historical resources on the project site. If, in the opinion of the division or consultant, the project's location and/or nature is likely to contain such a resource, then a systematic, professional archaeological and historical survey shall be completed and submitted for review. If significant archaeological or historical sites are found, then such sites shall be preserved or excavated according to state guidelines prior to construction on the archaeological or historical site.
(i)
Rare upland habitat properties which contain rare upland habitat are hereby encouraged to preserve the essential habitat characteristics. Where feasible, the rare upland habitat should be connected to other communities through preservation of land as mitigation for wetland impacts allowed pursuant to conservation area regulations. Should rare upland habitat be preserved, density credits not less than that which is allowed under the zoning ultimately approved by the county may be transferred to developable portions of the same property or open space credits. Rare upland habitats are those vegetative communities identified as scrub, longleaf pine-xeric oak, sand pine scrub, xeric oak and live oak hammock. Those vegetative communities are defined in section 15-446 of this article.
(j)
The density and intensity of development permitted on parcels of property within the basin are encouraged to cluster or concentrate on those portions of the parcel or parcels which are furthest from the surface waters and wetlands of the Econ River system.
(Ord. No. 91-29, § 2(Exh. A), 12-10-91)