§ 62-3691. Definitions.

For the purpose of this division, certain terms and words pertain and are defined as follows:

Abandoned mine reclamation means the reclamation of altered lands which require intervention to be made safe, environmentally sound and capable of supporting land uses that are reasonable or economically viable and come into compliance with all other current environmental and land development regulations.

Abuts, for the purposes of this division, means sharing all or a portion of a property boundary.

Altered lands means the land areas in which the natural land surface has been disturbed as the result of, or incidental to, land excavation or filling activities.

Best management practices means those practices as developed by the U.S. Department of Agriculture, the state department of agriculture or other appropriate agencies.

Commercial and industrial land development activity can include office, retail, manufacturing, processing, warehousing, packing plants, distribution and dispatching centers, and other activities found in the NAICS manual. Based upon the use, these activities could be in BU-1-A, BU-1, BU-2, TU-1, TU-2, PBP, PIP, IU and IU-1 zoning classifications. Exceptions to this definition would be those uses that meet the definition of redevelopment.

Forestry means the science, application and practice of controlling forest establishment, composition and growth through sound management techniques, based on the owner's management objectives.

High functioning wetlands means wetlands that score 0.66 or above as determined by the wetlands assessment method established in the countywide wetlands study, prepared BKI, Inc. Consulting Ecologists (September 30, 2013), adopted by the board and incorporated herein by this reference. High functioning wetlands analyses shall be prepared by a recognized knowledgeable environmental professional.

Isolated wetlands means wetlands which do not require a U.S. Army Corps of Engineers permit for impact. In the absence of a U.S. Army Corps of Engineers clearance letter, a recognized knowledgeable environmental professional may provide an affidavit affirming that a wetland is isolated in accordance with 33 CFR Part 329 (Definition of Navigable Waters), and U.S. Army Corps of Engineers 404 Determination of Jurisdiction. The use of an isolated wetland affidavit is exclusively for the purposes of this division.

Landscape level wetlands means wetlands that are either (1) five acres or larger; or (2) located within the landscape level polygon depicted on map 9 of the county comprehensive plan conservation element, and the U.S. Army Corps of Engineers determines the wetland is hydrologically connected to the St. Johns River or Indian River Lagoon System. Landscape level wetlands analyses shall be prepared by a recognized knowledgeable environmental professional.

Mine means the altered lands that result from the process of removing minerals or other resources from the land including mining and smelting operations, borrow pits, and commercial borrow pits.

Mitigation means actions taken to offset the adverse effects of wetland losses.

Overriding public benefit means the result of a development action by a private property owner that substantially preserves, restores or enhances those natural functions which define areas of critical concern, environmentally sensitive areas, shorelines or water bodies, identified by the county comprehensive plan, NRM or state or federal agencies. An overriding public benefit shall include but not be limited to proposals which preserve, restore or enhance floodplain, wetland, shoreline or prime aquifer recharge functions and provide for the dedication of associated lands to the county or other acceptable public entity or agency.

Public interest means demonstrable environmental, social, and economic benefits which would accrue to the public at large as a result of a proposed action, and which would clearly exceed all demonstrable environmental, social, and economic costs of the proposed action. In determining the public interest in a request for use, sale, lease, or transfer of interest in sovereignty lands or severance of materials from sovereignty lands, the board shall consider the ultimate project and purpose to be served by said use, sale, lease, or transfer of lands or materials.

Reclamation means the restructuring, reshaping and revegetation of altered lands and water bodies to achieve a safe, environmentally sound condition, capable of supporting land uses that are reasonable or economically viable, and come into compliance with all other current environmental and land development regulations.

Recognized knowledgeable environmental professional means an individual with demonstrated professional education and experience in the environmental science field including the assessment of wetlands in accordance with: F.A.C. chs. 62-340 (Delineation of the Landward Extent of Wetlands and Surface Waters) and 62-345 (Uniform Mitigation Assessment Method), 33 CFR Part 328 (Definition of Waters of the United States), 33 CFR Part 329 (Definition of Navigable Waters), and U.S. Army Corps of Engineers 404 Determination of Jurisdiction. Acceptable experience shall include a minimum of four years of fulltime experience in the identification and evaluation of wetlands resources.

Redevelopment means renovation of a previously developed obsolete commercial or industrial parcel of land or building site which suffer from structural vacancy due to the expiration of their former use and require intervention to achieve a subsequent useful function and come into compliance with all other current environmental and land development regulations.

Release means any sudden or gradual spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of hazardous materials, including the abandonment or discarding of barrels, containers and other receptacles containing any hazardous materials, into the environment, in such a manner as to endanger the public health, safety or welfare or the environment, or in violation of any federal, state or local law, rule or regulation.

Wetland boundary means the boundary of a wetland as defined by the Florida Department of Environmental Protection (FDEP) or St. Johns River Water Management District (SJRWMD) methodology, soil types, hydrological requirements, and vegetation types.

Wetland function means a functional wetland is determined by the ability of the wetland to provide a diversity of habitat and food sources for aquatic and wetland-dependent species, and for threatened and endangered species and species of special concern; to provide flood storage capacity; to provide for the protection of downstream and offshore water resources from siltation and pollution; or to provide for the stabilization of the water table.

Wetlands means wetlands as defined in F.A.C. ch. 62-340, as amended.

(Code 1979, § 14-83.1; Ord. No. 2000-47, § 1, 9-13-00; Ord. No. 05-48, § 1, 9-27-05; Ord. No. 07-16, § 1, 4-27-07; Ord. No. 2014-28, § 1, 9-16-14)

Cross reference

Definitions generally, § 1-2.