§ 15-825. Processing of development applications.

(a)

Generally . All applications for comprehensive plan amendments, DRIs, rezonings, PD-LUPs, IW-PD-RPs, PSPs, PSP/DPs, DPs, and substantial amendments or changes thereto, must demonstrate consistency with the ELSP requirements identified in this section.

(1)

Copies of all development applications shall be submitted to EPD. All applications must provide sufficient information to determine compliance with the requirements of the ELSP ordinance.

(2)

Once ELSP depictions and representations have been submitted pursuant to this section, all subsequent applications submitted for approval shall be consistent with previous ELSP submittals, unless otherwise approved by the EPO.

(3)

All applications must demonstrate that the proposed project has used existing wetland crossings to the greatest extent practicable. For all new wetland crossings within the Innovation Way Overlay, except those within the Econlockhatchee River Corridor Protection Zone as defined by section 15-443, the applicant must demonstrate that:

a.

There is no practicable alternative to the new crossing;

b.

All practicable measures to minimize harm to the resource have been implemented; and

c.

The wildlife crossing is adequately sized to maintain wildlife movement.

There shall be no additional crossing by road, rail or utility corridors of the Econlockhatchee River Corridor Protection Zone unless the following conditions are met:

a.

There is no feasible and prudent alternative to the crossing;

b.

All possible measures to minimize harm to the resources of the basin will be implemented;

c.

The crossing supports an activity that is clearly in the public interest as determined by the board; and

d.

The wildlife crossing is adequately sized to maintain wildlife movement.

The use of additional crossings co-located with existing crossings shall be presumed to be the least harmful alternative. The expansion of existing crossings shall be presumed to be less harmful to the resources than the construction of new crossings.

Adequate wildlife underpasses shall be provided at all new or expanded river crossings. Aerial crossings of the protection zone by roads and utilities are encouraged.

(4)

No net floodplain encroachment (fill) shall be permitted within the 100-year floodplain of the Big Econlockhatchee River and its named tributaries (Econlockhatchee River Swamp, Fourmile Creek, Little Creek, Turkey Creek, Green Branch, Cowpen Branch, Hart Branch and Long Branch).

(5)

"Waterwise" landscaping and other water conservation measures shall be implemented to the greatest extent practicable.

(6)

Properties containing wetland/wildlife corridors shall be connected to other natural communities (where practicable) through preservation of land.

(7)

No non-native landscape species (excluding turf grasses) shall be located planted within five hundred fifty (550) feet of the boundary of any preservation areas designated as of December 31, 2009. The limited use of turf grasses as a road or yard stabilizer will be allowed on a case by case basis with prior approval of the EPO.

(8)

Development adjacent to designated conservation areas and/or preservation areas shall incorporate firewise techniques on any abutting lots.

(9)

The interim agricultural use of proposed stewardship lands shall be allowed, so long as such uses are consistent with the rural/agricultural future land use designation.

(b)

Comprehensive plan amendments, rezonings, DRIs, PD-LUPs, IW-PD-RP and changes thereto.

(1)

Applications for comprehensive plan amendments, rezonings, DRIs, PD-LUPs, IW-PD-RPs and substantial changes thereto shall:

a.

Provide a draft ELSAD that includes the following information:

1.

The general location of proposed stewardship lands;

2.

Identification of wildlife corridors through the property and existing preserved wildlife corridors adjacent to the property;

3.

The approximate acreage of stewardship lands. Acreage must be broken down into surface waters, wetlands and uplands; and

4.

The approximate Stewardship Lands to gross acreage ratio. This ratio shall be derived by dividing the approximate acreage of stewardship lands by the gross acreage of the property; and

5.

A stewardship lands study. If proposed stewardship land are those shown on the Innovation Way ELSP Map, no stewardship lands study is required.

b.

Provide a draft Environmental Land Stewardship (ELS) Agreement that shall, at a minimum, include the following:

1.

A commitment by the property owner to preserve stewardship lands within the property;

2.

The general location of stewardship lands within the property;

3.

The approximate total acreage of stewardship lands within the property; and

4.

Draft sketches of the proposed stewardship land boundaries.

The ELS agreement, and the obligations therein, shall continue as a servitude running in perpetuity with the land, shall inure to the benefit of the land and shall be binding upon any person, firm, or corporation, or other entity that may become the grantee of any or all of the land or that may otherwise become a successor or assign in interest, directly or indirectly to the land.

c.

Provide baseline data on any wildlife and plant species listed in F.S. § 581.185 and Rules 68A-27.003, 68A-27.004 and 68A-27.005, F.A.C., on the site. This inventory must be conducted using the FFWCC and USFWS survey methodologies. Additionally, baseline data on non-listed wildlife and plant species shall be provided through a reconnaissance level survey. A hard copy, electronic copy, and GPS coordinates of the data shall be provided to the EPD in a format compatible with the EPD Master Species Access Database.

d.

Provide, if applicable, a draft restoration plan that describes how proposed stewardship lands that were altered after October 13, 2009, will be brought to a condition acceptable to the county to be considered stewardship lands.

(2)

In conjunction with approval of comprehensive plan amendments, rezonings, DRIs and PD-LUPs, IW-PD-RPs, the applicant shall:

a.

Submit an updated draft ELSAD with final stewardship lands to gross acreage ratio, subject to the approval of the EPO;

b.

Submit a signed ELS agreement, that includes the requirements specified in section 15-825 (b)(1)(b)(i)—(iv). The ELS agreement shall be subject to board approval based upon the recommendation of the EPO; the approved ELS agreement shall be recorded in the Public Records of Orange County, Florida at the sole cost of the applicant.

c.

Within ten (10) days of board approval of the DRI, PD-LUP, IW-PD-RP or Rezoning, record in the Public Records of Orange County, Florida, a notice of the ELSP obligations for the property in substantially the following form:

Environmental Land
Stewardship Program Notice .

The property that is described on the attached Exhibit "A" (the "Property") is located within the Innovation Way Overlay in Orange County, Florida. Please be advised that all property located within the Innovation Way Overlay is subject to the requirements of Orange County Code, chapter 15, article XVIII, the Environmental Land Stewardship Program Ordinance (the "ELSP Ordinance"). The ELSP Ordinance provides that all development approvals in the Innovation Way Overlay are contingent upon preservation of stewardship lands, as defined in the ELSP Ordinance. Such preservation requires a management plan, which may include certain continuing resource management practices including, but not limited to: ecological burning, pesticide and herbicide use, exotic plant and animal removal, use of heavy equipment and machinery, and other practices as may he deemed necessary for proper resource management.

d.

In addition to recording the notice required in subsection 15-825 (b)(2)c, a disclosure statement shall be provided for signature to any purchaser of property that is located within the Innovation Way Overlay in conspicuous type and in a document that is separate and distinct from the contract for purchase and sale as follows:

Environmental Land
Stewardship Program
Disclosure Statement

If you are buying property within the Innovation Way Overlay in Orange County, you should know these basic facts :

1.

Property in the Innovation Way Overlay is subject to the requirements of Orange County Code, chapter 15, article XVIII, the Environmental Land Stewardship Program (ELSP) Ordinance.

2.

The ELSP Ordinance provides that all development approvals in the Innovation Way Overlay are contingent upon preservation of Stewardship Lands, as defined in the Ordinance.

3.

The property you are purchasing may be located adjacent to or in close proximity to property designated as Stewardship Lands either now or in the future. Stewardship Lands are subject to management plans that may include certain continuing resource management practices including, but not limited to: ecological burning, pesticide and herbicide use, exotic plant and animal removal, use of heavy equipment and machinery, and other practices as may be deemed necessary for proper resource management.

I have read and understand the disclosures provided in this disclosure statement prior to execution of a contract to purchase any property in the Innovation Way Overlay .

_____
[signature of purchaser]

_____
[print name of purchaser]

The disclosure statement shall be in conspicuous type and shall be contained in a single document that shall be provided to the purchaser separately from the contract for purchase and sale and the other documents. The disclosure type shall be conclusively deemed conspicuous if it is all uppercase letters and typed in at least twelve-point typeface.

(c)

For PSPs, PSP/DPs, DPs, and substantial changes thereto :

(1)

Applications for PSPs, PSP/DPs, DPs, and substantial changes thereto shall:

a.

Demonstrate compliance with the approved ELSAD or provide an updated ELSAD that includes the following:

1.

The specific location of proposed stewardship lands, including their location relative to lands identified as stewardship lands on previous ELSADs.

2.

The total acreage of stewardship lands. Acreage must be broken down into surface waters, wetlands and uplands. The total acreage of stewardship lands shall be calculated by multiplying the stewardship lands to gross acreage ratio by the gross acreage of the property that is the subject of the application.

3.

The updated ELSAD, if required, is subject to EPO approval.

4.

A stewardship lands assignment pursuant to section 15-826 (5)-(6) may be submitted in lieu of an ELSAD.

b.

Provide an updated inventory of wildlife and plant species as specified in 15-825 (b)(1)(c). A hard copy, electronic copy, and GPS coordinates of the data shall be provided to the EPD in a format compatible with the EPD Master Species Access Database.

c.

If applicable, provide an updated proposed restoration plan.

(2)

In conjunction with approval of PSPs, PSP/DPs, DPs, and substantial changes thereto, the applicant must demonstrate ability to meet the stewardship land preservation requirements by providing proof that sufficient Stewardship lands are being preserved within the boundaries of the property that is included in the application and/or by providing a stewardship lands assignment pursuant to section 15-826 assigning credit for sufficient stewardship lands to meet the terms of the associated ELS agreement.

(d)

Final platting .

(1)

No building permits shall be issued on land within the Innovation Way Overlay prior to approval and execution of a plat.

(2)

Prior to approval and execution of any plat, the following are required:

a.

Final ELSAD consistent with executed ELS agreement, approved by the EPO, or stewardship assignment pursuant to section 15-826 (5)-(6). The Final ELSAD shall include (at a minimum):

1.

Final sketches and legal descriptions of stewardship lands;

2.

Identification of wildlife corridors through the property and existing preserved wildlife corridors adjacent to the property;

3.

Final acreage of stewardship lands broken down into surface waters, wetlands, and uplands; and

4.

Final stewardship lands to gross acreage ratio.

If the final sketches and legal descriptions of stewardship lands differ from those shown on the Innovation Way ELSP Map, The EPO has the authority to approve minor variations provided that such variations are not inconsistent with the five (5) primary principles set forth in section 15-822, and the stewardship lands to gross acreage ratio set forth in the final ELS agreement approved by the board remains equivalent. EPD shall maintain the Innovation Way ELSP Map and shall update it as stewardship lands are preserved pursuant to section 15-825 (d)(3).

b.

Management plan pursuant to section 15-827; and

c.

If applicable, a final restoration plan.

(3)

Prior to approval and execution of any plat, and consistent with the ELS Agreement and final ELSAD (and acreage identified in any updated ELSAD submitted and approved as a condition of approval of PSP, PSP/DP, DP, or substantial change thereto), the requisite stewardship lands shall be preserved by either:

a.

Conveyance to the county in fee simple by warranty deed;

b.

Conveyance to a county-approved environmental organization in fee simple by warranty deed; or

c.

Recording of a conservation easement in favor of the county or a county —approved environmental organization. The conservation easement shall prohibit the activities listed in F.S § 704.06(1) (a)—(h).

(Ord. No. 2010-04 , § 1, 4-20-10; Ord. No. 2016-05 , § 1, 1-26-16)