complete agenda - Florida Department of Environmental Protection

ARTICLE 27
GREEN SWAMP AREA OF CRITICAL STATE CONCERN (ACSC)
compensated to avoid a taking of property and must include all mitigation
measures as required by applicable local, regional and state agencies.
27.08.00.00 TRANSIT DISTRICT REQUIREMENTS
Submission of a voluntary petition for inclusion into the Lakeland Area Mass Transit
District (LAMTD) shall be required for the following developments within the Green
Swamp ACSC, prior to issuance of site plan approval, subdivision plat approval or
building permit:
a. All development along Interstate 4 or SR 33
b. Any development or redevelopment in a non-residential or multi-family residential
zoning district
c. Any residential subdivision of 10 acres or more
27.09.00.00 WETLANDS AND FLOODPLAIN AREAS
27.09.01.00 DEVELOPMENT CRITERIA
a. No new lots shall be created which are entirely within a wetland or FEMA
designated 1 OO-year floodplain area.
Amend.10 b. No development shall be permitted within an identified wetland or within the 100year
floodplain area except where allowed by the applicable federal, state or
regional permitting agencies and as specified below. Development shall cluster in
non-wetland and non-floodplain areas. All structures (other than pile supported
docks) shall be set back a minimum of 50 feet from the most landward extent of a
jurisdictional wetland.
Amend.10 c. No disturbance of wetlands within the Green Swamp ACSC is allowed unless
authorized or exempted from the regulation by the Florida Department of
Environmental Protection, the U.S. Army Corps of Engineers, and the applicable
water management district. Evidence of the appropriate permit or exemption shall
be required prior to the issuance of a development permit.
Amend.10 d. Where impacts to wetlands cannot be avoided, all permits for an agency with
jurisdiction shall be approved prior to the City issuing a final development order.
An "intent to issue a final development order" may be issued in writing prior to the
issuance of said order if pre-approval is required by an agency with jurisdiction.
Consideration of wetland impacts shall include, but not necessarily be limited to,
the following circumstances where no reasonable alternative exists:
(1) To provide access to the site;
(2) To provide necessary internal traffic circulation;
(3) To provide necessary utility lines;
(4) To provide necessary pre-treated stormwater management;
(5) For purposes of public safety;
(6) To avoid precluding all beneficial use of the property.
e. All wetland and 1DO-year floodplain areas must be identified as environmental
set-aside areas on all final site plans or subdivision plats.
27.6