0906 LDR - wellhead protection•
•
ORDINANCE NO. 906
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
ORDINANCE NO. 716 LAND DEVELOPMENT REGULATIONS SECTION
82 -61 THEREOF; TO AMEND THE REQUIREMENTS AND STANDARDS
CONCERNING WELLHEAD PROTECTION AREA TO CONFORM TO THE
COMPREHENSIVE PLAN; PROVIDING FOR DEVELOPMENT
STANDARDS, RESTRICTIONS AND PROHIBITIONS; PROVIDING FOR
CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Okeechobee, Florida, has adopted a Comprehensive Plan
pursuant to Chapter 163, Florida Statutes, which plan is approved by Department
of Community Affairs, and which sets out required elements, Goals, Policies and
Objectives; and
WHEREAS, said plan requires the City to adopt in its Land Development Regulations,
code provisions to implement and enforce the various required plan elements, which
include wellhead protection provisions to protect groundwater supplies adjacent to
existing wellheads; and
WHEREAS, existing land development regulations pertaining to wellhead protection are
vague and subject to different interpretations as to the type of development that can
occur, or be prohibited within the wellhead protection zone; and
WHEREAS, the City of Okeechobee desires to adopt a set of regulations to protect
groundwater resources, yet which regulates in a clear and concise manner the type
of development that may occur within the wellhead protection zone, and it is in the
best interests of the City and our citizens to adopt standards that are consistent with
existing regulations in effect by the State Department of Environmental Protection;
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City that Section 82 -61 (a) through (d) be repealed and
replaced as follows:
Section 82 -61 Development in and adjacent to a designed wellhead.
(a) Development in and adjacent to a designated wellhead is regulated to
protect water supplies from potential contamination, and the wellhead
protection area is defined as a radius 1000 feet from the wellhead.
(b) No development activities shall take place in the zone of exclusion, defined
as a radius 300 feet from the wellhead.
(c) The following land uses are prohibited in the wellhead protection area:
(1) Landfills;
(2) Facilities for bulk storage or bulk processing of fuel or chemicals, or
use of materials that would not be permitted by the State Department
of Environmental Protection's Wellhead Protection Standards, 62 -521
F.A.C.;
(3)
Activities that require storage, use or handling of hazardous materials
that would not be permitted by the State Department of Environmental
Protection's Wellhead Protection Standards, 62 -521 F.A.C.;
(d) Special restrictions on development allowed within the wellhead protection
area are as follows:
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(1) Stormwater management practices shall not include drainage wells
and sinkholes for stormwater disposal where recharge is into water
aquifers;
(2) Any development within the wellfield protection area shall comply with
all local, state and federal codes that require the on -site containment
of all hazardous materials not otherwise prohibited by this section.
INTRODUCED for first reading and set for final public hearing on this 2 "d day of August,
2005.
ATTEST:
Lane Gamiotea, CMC, City Clerk
James E. Kir , Mayor
ADOPTED after Second and Final Public Hearing this 16t' day of August, 2005
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
'`Q
John R. Cook, City Attorney
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James E. Kirk, Mayor