28-28.008. Performance Criteria

(1) All development in flood prone areas shall meet the following standards:

(a) Structures that are built in a flood prone area shall have a minimum basement or first floor level of 12 inches above the regulatory flood level.

(b) Development shall not adversely affect the natural flow regime or reduce the recharge capabilities of the area.

(c) All development shall be consistent with sound flood plain management practices and comply with the Flood Disaster Act of 1973 (PL 93-234) and Federal Insurance regulations applicable in flood prone areas.

(2) Development in the uplands shall not significantly reduce the on site percolation rate of rain water back into the ground from that which existed when the land was in its undisturbed state.

(3) All drainage facilities shall include engineering design features to remove suspended solids and other contaminants and pollutants in storm water runoff to meet Lake County Pollution Control Board Water Control Standards.

(4) Sites shall be developed to maximize the amount of natural rainfall which is percolated into the soil and to minimize direct overland runoff into adjoining streets and water courses to the extent feasible. Storm water runoff from roofs and other nonpermeable surfaces shall be diverted into swales or terraces on the site. Whenever land lying within 200 feet of a lake and which slopes toward said lake is developed, the following methods shall be provided to minimize storm water runoff into the lake:

(a) Construction of terraces which slope in the direction away from the lake, and

(b) Erection of a tree line or performance equivalent structures to reduce or divert runoff.

(5) Street drainage by grassed swales shall be utilized except where flow velocities in excess of two feet per second are anticipated, in which case curbs and gutters or other engineering techniques may be required. The overflow from these swales and other drainage facilities shall be diverted to natural percolation areas or artificial seepage basins of at least sufficient capacity to retain the storm water runoff from each drainage area for a fifty (50) year storm. Natural lakes shall not be used as retention areas for the increased runoff generated by development. Drainage facilities shall be provided for all percolation, seepage basins and detention areas to handle the runoff from storms which exceed the fifty (50) year storm in duration and severity.

(6) Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. Such systems shall ensure drainage at all points along streets and provide positive drainage away from buildings and on-site waste disposal sites.

(7) Site Alteration.

(a) Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of each phase of development.

(b) It is the responsibility of the applicants to demonstrate that the plans achieve the following objectives:

1. That the site alteration shall not adversely affect the natural surface flow regime or natural recharge capabilities of the site.

2. That site alteration shall not cause siltation of wetlands or reduce the natural retention of filtering capabilities of the wetlands.

3. That all site alteration activities shall provide for water retention and settling facilities, shall maintain an overall site runoff approximating the natural flow regime prior to such alterations and shall maintain a runoff rate that does not cause erosion.

(8) Fill Areas, Borrow Pits and Mines.

(a) Fill areas and related dredge and borrow pits shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow pits shall provide for the release of storm waters as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the 50 year storm. Fill areas and related ponds shall not substantially retain or divert the total flow.

(b) Man-made lakes, ponds or other containment works shall be constructed with maximum slope of 30 degrees to a depth of six feet of water.

(c) Mining operations shall be completely self-contained and shall retain any waste materials or water generated by the process of mining on the premises. The operation shall not utilize any surface water from lakes or ponds which are not entirely on the property.

(d) Any unusable soil or other debris shall be reasonably contoured as it is removed from the mine area, with the exception of the settling area and the dikes which shall be contoured upon termination of their use.

(e) All mines, borrow pits, fill areas and related dredge operations shall meet all the requirements of this code, except that the requirements of paragraph 28-28.008(8)(a), F.A.C., do not apply to mines.

(9) Solid Waste. Solid waste disposal sites shall meet all the requirements of this code.

(10) Ground water withdrawal shall comply with the standards and regulations of the Southwest Florida Water Management District or its successor agency.

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-7.08, 27F-7.08, 27F-7.008, Amended 1-15-14.