ORDINANCE NO. 07-52-LC AN ORDINANCE OF THE CITY OF DESTIN, FLORIDA RELATING TO EROSION AND SEDIMENT CONTROL; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE CREATION OF LAND DEVELOPMENT CODE, SECTION 11.09.03. EROSION AND SEDIMENT CONTROL PLAN; PROVIDING FOR INCORPORATION INTO THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DESTIN, FLORIDA: SECTION 1: AUTHORITY. The authority for the enactment of this Ordinance is Section 1.01 of the City Charter; Section 403.0885, Florida Statutes, Chapter 62-624, Florida Administrative Code, and paragraph 62.621.300 (7)(a) Florida Administrative Code. SECTION 2. FINDINGS OF FACT. WHEREAS, the City of Destin has found that during the construction process, soil is highly vulnerable to erosion by wind and water, and eroded soil endangers water resources by reducing water quality and causing the depletion of oxygen in water causing loss of aquatic habitat and other desirable species; WHEREAS, the City of Destin has found that eroded soil also necessitates repair of storm drains and ditches, swales and the dredging of open water bodies within the City, and the clearing and grading during construction cause the loss of native vegetation necessary for terrestrial and aquatic habitat; WHEREAS, the City of Destin has determined it is in the best interest of the City to enact this ordinance to safeguard persons, protect property, and prevent damage to the environment in the City; WHEREAS, this ordinance will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in the City; WHEREAS, a public hearing has been conducted after due public notice by the Destin Local Planning Agency and its recommendations reported to the City Council; and WHEREAS, a public hearing has been conducted by the City Council after due public notice. NOTE: Language in section 3 of this ordinance that is struck through is language proposed to be deleted, underlined language is language proposed to be added, language that is not struck through or underlined is not to be changed, and *** represents sections of the Land Development Code that have been skipped and remain unchanged.
SECTION 3. CREATION OF LAND DEVELOPMENT CODE, SECTION 11.09.03. EROSION AND SEDIMENT CONTROL PLAN. Section 11.09.03. Erosion and Sediment Control Plan of the Land Development Code is hereby created as follows: 11.09.03. Erosion and Sediment Control Plan. A Erosion and Sediment Control Plan (ESCP) approved by the City Engineer shall be required for all development or redevelopment activities. These plans shall be drawn to an appropriate scale and shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed grading on water resources, and measures proposed to minimize soil erosion and off-site sedimentation. The owner / developer shall perform all clearing, grading, drainage, construction, and development in strict accordance with the approved plan. All projects disturbing land area over one (1) acre shall provide a copy of the Stormwater Pollution Prevention Plan (SWPPP) in lieu of a ESCP. All projects disturbing less than one (1) acre shall provide an ESCP. A. All Erosion and Sediment Control Plans shall contain, as a minimum, the following: 1. A letter of transmittal, which includes a project narrative. 2. An attached vicinity map showing the location of the site in relationship to the surrounding area s watercourses, water bodies and other significant geographic features, and roads and other significant structures. 3. An indication of the scale used. 4. The name, address, and telephone number and fax number of the owner and / or developer of the property where the land disturbing activity is proposed. 5. A twenty-four (24) hour contact person s phone number. That person shall have demonstrated ability in maintenance of erosion control measures. 6. Suitable contours for the existing and proposed topography. 7. The proposed grading or land disturbance activity including: the surface area involved, excess spoil material, use of borrow material, and specific limits of disturbance. 8. A clear and definite delineation of any areas of vegetation or tress to be saved. 9. A clear and definite delineation of any wetlands, natural or artificial water storage detention areas, and drainage ditches on the site. 10. A clear and definite delineation of any one-hundred (100) year floodplain on or near the site. 11. Storm drain system, including quantities of flow and site conditions around all points of surface water discharge from the site. 12. Erosion and sediment control provisions to minimize on-site erosion and prevent off-site sedimentation, including provisions to preserve topsoil and limit disturbance. 13. Design details for temporary erosion control structures. 14. Design details of permanent erosion control structures. Page 2 of 8
15. Details of temporary and permanent stabilization measures including a construction note on the plan stating: Following initial soil disturbance or redisturbance, permanent or temporary stabilization shall be completed within seven (7) calendar days on all perimeter dikes, swales, ditches, perimeter slopes and all slopes greater than 3 horizontal to 1 vertical (3:1); embankments of ponds, basins, and traps; and within fourteen (14) calendar days on all other disturbed or graded areas. The requirements of this section do not apply to those areas which are shown on the plan and are currently being performed. 16. A chronological construction schedule and time frame including, as a minimum, the following activities: a. Clearing and grubbing for those areas necessary for installation of perimeter erosion control devices. b. Construction of perimeter erosion control devices. c. Remaining interior site clearing and grubbing. d. Installation of permanent and temporary stabilization measures. e. Road grading. f. Grading for the remainder of the site. g. Utility installation and whether storm drains will be used or blocked after construction. h. Building, parking lot, and site construction. i. Final grading, landscaping or stabilization. j. Implementation and maintenance of final erosion control structures. k. Removal of temporary erosion control devices. 17. A statement noting that the contractor, developer, and / or owner shall request the Erosion Control Inspector to inspect and approve work completed in accordance with the approved ESCP, and in accordance with the ordinance. The contractor, developer, or owner shall be required to obtain written approval by the City Inspector at the stages of development as outlined in the conditions of the development order or building permit. 18. A signed statement on the plan by the owner, developer, and contractor that any clearing, grading, construction, or development, or all of these, will be done pursuant to the plan. 19. The City Engineer may require any reasonable additional information or data deemed appropriate and / or may impose such conditions thereto as may be deemed reasonably necessary to ensure compliance with this section. 20. A description of, and specifications for, sediment retention structures. 21. A description of, and specifications for, surface runoff and erosion control devices. Page 3 of 8
22. A description of vegetative measures. 23. The applicant may propose the use of any erosion and sediment control techniques in a Final Plan provided such techniques are proven to be as or more effective than the equivalent best management practices as contained in the Florida Department of Environmental Protection Florida Stormwater Erosion and Sedimentation Control Inspection Manual. 24. Proof of all Federal and/or State approvals (as applicable) is required prior to obtaining any City permit. B. Exemptions. The following activities are exempt from providing an ESCP. 1. Cemetery graves. 2. Emergencies posing an immediate danger to life or property, or substantial floor or fire hazards. 3. Any activity where the total volume of material disturbed, stored, disposed of or used as fill does not exceed five (5) cubic yards or the area disturbed does not exceed seven hundred and fifty (750) square feet provided it does not obstruct a watercourse, and is not located in a floodplain. Erosion and sediment control devices may be required pending a site evaluation by the City Engineer. C. Construction Site or other grading and/or filling activities. All work at construction sites or other site work involving grading and/or filling activities shall be governed by the following regulations: 1. Ground Cover. All bare ground, stripped of vegetation during the clearing/grading process, shall be covered to the maximum extent practicable. a. Minimize the amount of existing vegetation that you must disturb for construction. Keep out of critical areas and their buffers. b. All disturbed areas shall be covered and/or mulched within twelve (12) hours, if they are to remain un-worked for more than two (2) calendar days. c. Areas not being worked for thirty (30) calendar days or more shall be vegetated, unless the City determines that winter weather makes vegetation establishment infeasible. If this is the case, it must still be more permanently stabilized, using methods such as bonded fiber matrix, or other more stable BMPs. d. Slopes and stockpiles 3H:1V or steeper and more than ten (10) feet of vertical relief shall be covered if they are un-worked for more than forty-eight (48) hours. e. Areas that are being hydro-seeded shall have a tackifier mixed into the hydro-seed to help stabilize mixture onto the soil. f. Enough cover material to sufficiently protect all disturbed areas shall be stockpiled on the site at the beginning of the wet season. 2. Perimeter Protection. Perimeter Protection is required for all development or redevelopment activities. Page 4 of 8
a. Perimeter protection to filter sediment for sheet flow washout shall be located down slope of all disturbed areas and be properly installed prior to upslope grading. b. A minimum of 100 linear feet of silt fence per acre and the necessary stakes to hold the fence in place shall be stockpiled on-site. 3. Environmentally Sensitive Area (ESA) Restrictions. ESA Restrictions shall include but not be limited to all wetlands, open water bodies and beaches. a. Phasing and more conservative Best Management Practices (BMPs) must be evaluated for construction activities near environmentally sensitive areas. b. A minimum of two (2) rows of properly installed erosion control devices are required to protect from sediment inflow and wind-borne debris from entering these areas. 4. Surface Water Controls. Surface water controls are required when development activity is: a. Within fifteen (15) feet of a shore line of an open water body. b. In and/or over an open water body. 5. Traffic Area Stabilization. One (1) temporary construction driveway entrance is allowed per construction site and shall be located such to minimize motor vehicle and pedestrian impacts on the adjacent properties and right-of-ways. Multiple entrances may be approved if the developer can prove that more are needed to protect the health, safety and welfare of the general public. The following regulations apply to all temporary construction driveways: a. Non surfaced temporary construction driveway entrances, access roads and parking areas used by construction traffic shall be stabilized to minimize erosion and prevent tracking mud or soil from the site. b. Stabilized construction entrance(s) shall be installed as the first step of clearing and grading. c. Construction entrance(s) shall be set up so that all traffic leaving a job site is required to travel the entire length of entrance. d. Roads and parking areas shall be stabilized immediately after the initial grading. e. Additional techniques to reduce soil tracking off of a site and onto a roadway such as wheel washing stations may be required. f. Construction entrance(s) shall be stabilized wherever traffic will be leaving a construction site and traveling on paved roads or other paved areas within the site that is open to the public. g. Any sediment that is tracked onto road pavement shall be removed immediately (prior to the end of the work day) by sweeping. The sediment collected by sweeping shall be removed from the roadway and stabilized on-site. h. The pavement shall not be cleaned by washing/flushing streets. Page 5 of 8
6. Sediment Retention. All sediments/soils shall remain on site. The following sediment retention regulations are required on all areas of development and redevelopment activities: a. Sediment retention facilities shall be installed before grading. b. If sediment retention facilities need to be removed for grading, additional ponds/traps/systems to accommodate storage capacity need to be installed on site. This will be done prior to removal of existing facility. c. Catch basin inserts are to be used to prevent sediments from entering drainage system. Inserts are to be inspected and cleaned weekly and after each rainfall event. d. Catch basins need to be checked for build up of sediments. If sediment trap (area between pipe invert and bottom of basin) is 1/3 or more filled with sediments, they are to be cleaned out and sediments removed or stabilized on-site. 7. Dust Control. The following Dust Control regulations are required on all areas of development or redevelopment activities: a. If water truck is used to control dust on dirt/graded areas only, water truck will only drop enough water to control the dust or reach the optimum moisture content of the soil for compaction. No run-off is to be generated. b. Controlling dust on paved roadways will be done by use of sweeper with water-jet sprayers. Only enough water should be applied to control dust while sweeping. Do not generate runoff from sprayers that runs into catch basins. 8. Maintenance of erosion control devices. The following Maintenance of Erosion Control Device regulations are required on all areas of development or redevelopment activities: a. All projects shall have a designated Erosion and Sediment Control (ESC) supervisor who will be responsible for ESC review, maintenance and compliance. b. ESC shall be inspected in accordance with all FDEP / NPDES requirements. c. The ESC supervisor must be available, twenty-four (24) hours, for rapid response to ESC problems and emergencies. d. A twenty-four (24) hour phone number for the ESC Supervisor shall be posted in a clearly visible location on the project site. e. A copy of all Federal, State, County and city permits (as applicable) shall be posted in a clearly visible location on the project site. 9. Final Stabilization Conditions. The following final stabilization conditions must be met prior to final construction approval: a. All temporary construction driveway entrances shall be removed and the right-of-way regraded, restored and re-vegetated to original or better condition. Page 6 of 8
b. All disturbed areas of the site shall be vegetated or otherwise permanently stabilized. c. Structural measures such as silt fence, slope drains, etc. shall be removed from site. d. All permanent stormwater facilities including catch basins, pipes, etc. shall be cleaned. e. Any off-site catch basins or curb inlets that required protection shall be cleaned. f. If only the infrastructure of the site has been developed such as subdivisions, with building construction to occur under a different permit, then the critical area buffers, tracts, and setbacks shall be clearly marked. D. Post Construction Erosion Monitoring and Maintenance. The continued monitoring and maintenance of erosion for all post development activities shall be the responsibility of the property owner or as prescribed in a recorded easement or legal agreement that runs with the land. This code applies to all current as well as future developments. 1. Sediment/soil erosion leaving a site or property shall be prohibited. 2. Sediment/soil erosion from uplands into environmentally sensitive areas shall be prohibited. 3. Dumping or piling vegetative debris or clippings in environmentally sensitive areas shall be prohibited. 4. Tracking sediment or soil onto a roadway shall be prohibited. Should the owner of a property fail to maintain their sediment or soil erosion, control facilities, the City shall give written notice to the owner stating the nature of the discrepancy and the recommended action necessary to correct the discrepancy. Should the owner fail, within thirty (30) calendar days from the date of the notice, to take corrective action satisfactory to the City, the City may enter upon such lands and take such action necessary to correct the discrepancy and place a lien on the property of the owner for the costs incurred. SECTION 4. INCORPORATION INTO LAND DEVELOPMENT CODE. This ordinance shall be incorporated into the City of Destin s Land Development Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. SECTION 5. CONFLICTING PROVISIONS. Special Acts of the Florida Legislature applicable to the incorporated area of the City of Destin, City Ordinances and City Resolutions, or parts, thereof, in conflict with the provisions of this ordinance are hereby superseded by this ordinance to the extent of such conflict. SECTION 6. SEVERABILITY. If any section, phase, sentence, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Page 7 of 8
SECTION 7. EFFECTIVE DATE. This ordinance shall become effective upon its adoption by the City Council and signature by the Mayor. ADOPTED THIS DAY OF 2007. ATTEST: Rey Bailey, City Clerk BY: Craig H. Barker, Mayor The form and legal sufficiency of the foregoing has been reviewed and approved by the City Land Use Attorney. Scott Shirley, City Land Use Attorney First Reading: Second Reading: Page 8 of 8