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Levy County |
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Code of Ordinances |
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Chapter 50. LAND DEVELOPMENT CODE |
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Article XIII. ZONING |
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Division 3. DISTRICT REGULATIONS |
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SubDivision 2. Requirements for Specific Uses |
§ 50-715. Electric generating facilities.
(a)
Definition. As used in this section, the term "electric generating facilities" means any project subject to the Florida Electrical Power Plant Siting Act, F.S. §§ 403.501 through 403.518.
(b)
No construction or expansion of any electric generating facilities shall be permitted without first obtaining the approval of a special exception in accordance with the provisions of this section.
(c)
Minimum criteria, standards and conditions. In addition to any criteria, standards, conditions, and requirements contained elsewhere in this division 5 of article XIII of this chapter 50, an application for a special exception for electric generating facilities shall meet the following criteria, standards, conditions, and requirements:
(1)
The proposed electric generating facilities comply with all the required regulations and standards of this chapter, including provisions of division 5, article XIII and of this section specifically, and all other applicable regulations.
(2)
The proposed electric generating facilities are serviced by roads of adequate capacity to accommodate the traffic volume and load impacts and not adversely impact surrounding uses; or the applicant enters into an agreement with the county to make the necessary improvements to the impacted roads.
(3)
The minimum tract size for electric generating facilities shall be 2,500 acres.
(4)
The maximum lot coverage for electric generating facilities shall be reviewed and approved by the board of county commissioners but impervious surface generally shall not exceed a maximum of 20 percent.
(5)
The height of any structure proposed with electric generating facilities shall be reviewed and approved by the board of county commissioners, but generally shall not exceed a maximum height of 300 feet.
(6)
Notwithstanding any other provisions of this Code, the electric generating facilities' operational area (power islands) shall be surrounded by security fencing as required by state or federal agencies for security purposes.
(7)
Screening and buffering of electric generating facilities shall be of such type, dimension and character to improve compatibility of the proposed electric generating facilities with land uses and structures of adjacent or nearby properties.
(8)
The electric generating facilities are consistent with the comprehensive plan and conform with the general plans of the county as embodied in the comprehensive plan.
(9)
Potential impacts from water use to springs, rivers, tributaries, or water quality shall be addressed in the Power Plant Site Certification Process under F.S. ch. 403.
(10)
The proposed electric generating facilities shall not result in such noise, odor, dust, vibration, off-site glare, substantial traffic or degradation of road infrastructure so as to adversely impact surrounding development or cause hazardous traffic conditions.
(11)
For an application where the subject property is located in or contains environmentally sensitive areas as designated by the land development regulations or the comprehensive plan, the applicant shall provide a permit or letter of exemption from the appropriate State of Florida Water Management District and the Florida Department of Environmental Protection and any other permitting agency with competent jurisdiction prior to the issuance of the local final construction approval document.
(12)
The proposed electric generating facilities shall not be detrimental to the area residents or businesses, or the public health, safety or welfare of the community as a whole.
(d)
Specific criteria, standards, conditions and requirements for special exceptions for electric generating facilities. In order to meet the criteria, standards, conditions, and requirements for approval of an application for electric generating facilities special exception, in addition to the minimum criteria, standards, and conditions provided above, the following provisions shall apply:
(1)
Prohibited areas for generating structures or equipment. The following are areas where generating structures or equipment shall be prohibited (distances are measured from the structure or equipment). The term "generating structures or equipment" includes installations directly involved in generating electricity, such as reactors, boilers, turbines, cooling towers and similar facilities.
a.
Within one mile of pre-existing schools and hospitals; within one-quarter mile of pre-existing county, state or federal parks; or within 660 feet if buffering methods are approved by the board of county commissioners in accordance with the buffering standards in subsection (2) below.
b.
Within one mile of a pre-existing platted and recorded subdivision with lot sizes of five acres or less that include constructed streets and developed parcels; or within 1,320 feet if buffering methods are approved by the board of county commissioners in accordance with the buffering standards in subsection (2) below.
(2)
Buffering standards. When required by the board of county commissioners for any generating structures or equipment, the following buffer standards shall apply:
a.
Length. The buffer shall be of sufficient length so as to shield generating structures or equipment from incompatible land uses when viewed from the property line.
b.
Depth. A minimum of 100 feet measured perpendicularly from the property line.
c.
Opacity. The buffer shall shield adjoining properties when viewed from the property line. The buffer must shield the operation at the time electric generation begins. Shielding shall meet an 80 percent opacity standard. Cooling towers and other similar items that cannot functionally exist below the buffer need not be shielded. The clearing and stripping of vegetation from the property where an electric generating facilities special exception approval has been obtained shall not require the pre-establishment of a buffer.
d.
Makeup. The buffer shall consist of a vegetated screen, augmented by a berm, if required, to obtain opacity. The following conditions apply to the vegetated screening:
i)
A 100-foot wide vegetative screen is standard, except where a berm is necessary. Where a berm is necessary, the outer 50 feet of the buffer must consist of the vegetative screen.
ii)
Existing trees located within the vegetative screen area must remain unless not native to the area.
iii)
If sufficient vegetation does not exist, the vegetative screen area shall be planted primarily with evergreen or other non-deciduous trees native to the area and compatible with the area soils.
iv)
The vegetative screen shall be a minimum of 10 feet in height at maturity.
v)
An access road for agricultural or other low-impact uses may be integrated into the buffer.
e.
Berms. The following are requirements for berms where utilized to augment vegetative buffers:
i)
The berm shall generally run parallel to, and no closer than 50 feet from the property line. The above two standards may be modified where there are impeding physical features, such as wetlands or other such features.
ii)
The berm shall be built to the height necessary (not to exceed ten feet above the natural surface of the ground) to shield generating structures or equipment from the property line (excluding cooling towers and other similar items that cannot functionally exist below the buffer) so that it cannot be viewed through the buffer from adjoining properties when viewed from the property line. The berm shall generally be of uniform height for its length, but may undulate at varying heights at or below the ten-foot maximum set herein, while still providing the shielding from view of adjoining properties from the property line.
iii)
The berm must be stabilized with the planting of vegetation. Sloping requirements to the exterior face of the berm shall not exceed 1:2, vertical to horizontal.
iv)
Adequate stormwater control shall be provided to protect the adjacent properties from additional runoff caused by the earthen berm.
(3)
Access requirements. All electric generating facilities shall comply with the following access requirements:
a.
Electric generating facilities shall be located only within an area that has direct access to a major collector or arterial road.
b.
Access and truck routes to the site through streets in platted recorded and unrecorded residential subdivisions are prohibited.
c.
The applicant or owner shall, at their expense, install turn lanes, median cuts overpasses and/or traffic control devices deemed necessary (i) for state highways, by the Florida Department of Transportation, based on standard warrant procedures used by DOT to determine the need for such improvements ; (ii) for county roads, by Levy County, based on the DOT publication entitled "Design Standards for Design, Construction and Maintenance and Utilities Operations on the State Highway System" and the ITE Manual 7th Edition. The cost of any required road improvements shall be credited against corresponding county impact fees under chapter 47 of this Code.
(4)
Setback requirements. All electric generating facilities' operational area shall meet the following setback requirements:
a.
No use or structure shall be within 100 feet of any property boundary or public road right-of-way boundary.
b.
No use or structure shall be closer than 330 feet to a pre-existing adjoining residentially developed lot, regardless of the location of the residence on the lot or parcel.
Exceptions to 4a. and 4b. above: Security fences, berms, guard houses, transmission lines, access roads, rail lines, water pipelines and conveyances, water wells, monitoring wells and similar accessory uses that do not produce excessive light, noise, dust or odor.
(5)
Electric generating facilities impact assessment report. All applications for proposed electric generating facilities shall present an electric generating facilities' impact assessment report prepared by a professional environmental consulting, planning, geology or engineering firm addressing subsections a. through c. below. The assessment report shall identify impacts to reflect all individual and cumulative impacts resulting from construction and development, including any phasing of the proposed electric generating facilities' operations or activities.
The electric generating facilities' impact assessment report shall address the following issues:
a.
Compatibility. This portion of the report shall address the impact of electric generating activities, (if applicable), vibration, noise and sound, generated from the project site and transmitted to the surrounding area; the surrounding character of the area and development in proximity to the proposed facilities (i.e., residential and non-residential structures and accessory uses) and environmental, cultural and historical resources. The applicant for the special exception shall identify design and buffering improvements proposed to mitigate impacts to the surrounding area identified in the report and ensure protection of identified environmental, cultural and historical resources.
b.
Transportation system. This portion of the report shall include the anticipated impact on the roads serving the proposed facilities. This is to be assessed in a submitted traffic analysis that identifies existing and projected level of service, projected trip generation, structural stability of the county roads impacted and distribution of traffic. The traffic analysis shall take into consideration peak hour traffic generated at shift changes, and shall base the analysis on build-out projections for phased projects. The applicant for the special exception shall identify all improvements proposed to mitigate impacts to the transportation network and impacted roadways.
c.
Water pumping activities. Any electric generating facilities that include water-pumping activities shall not adversely impact water quality, run-off to adjacent properties, or existing legal uses as regulated by the appropriate water management district. The applicant shall provide water use approval under the Power Plant Siting Act in F.S. ch. 403, prior to the issuance of the final construction approval document for the facilities.
(6)
Documentation/application. In addition to meeting all application and notice requirements for special exceptions provided in division 5 of article XIII; an application for a special exception for electric generating facilities shall contain all reports, documentation and map illustrations showing that the application complies with all of the requirements contained in this section.
(7)
Application fee. The fee for an application for a special exception for electric generating facilities shall be set out in the fee schedule approved by the board of county commissioners and maintained by the county development department. The application fee is non refundable, whether the application is ultimately approved or denied.
(8)
Public notice requirement. In addition to any other notice requirements for a special exception contained within division 5 of article XIII, the extent of the notice required to be provided to surrounding property owners for an application for a special exception for electric generating facilities shall be extended from 300 feet to 2,500 feet. The additional cost incurred by providing notice beyond 300 feet shall be calculated and paid for by the applicant prior to the public hearing on the special exception to be held before the planning commission.
(9)
Transfer of special exception. Notwithstanding any other provision in this section to the contrary, a special exception approval for electric generating facilities shall be issued only in the name of the applicant and may be transferred only when the interest of the applicant in the lands that are the subject of the special exception are transferred. Prior to such transfer, the applicant and the prospective transferee must apply to, and receive approval from, the board of county commissioners for an amendment to the special exception application submitted to the county development department. All financial liability and permit filing obligations shall be transferred at the time the interest in said lands is conducted.
(10)
Noncompliance. Upon a finding of noncompliance with this section, or any special exception condition for electric generating facilities, or any approved site plan for the electric generating facilities, the building official shall notify the applicant or operator of the electric generating facilities in writing of noncompliance. The applicant or operator shall have 30 days to respond. Failure to respond shall be grounds for any action at law or in equity to enforce the provisions of the special exception or of this Code.
a.
Appeal. Any appeal of a noncompliance finding issued in accordance with this subsection shall be submitted to the county development department and the office of the board of county commissioners within 15 days of the date of such noncompliance finding. Such appeal shall be heard by the board of county commissioners at a noticed public hearing. The board of county commissioners shall consider any action at law or in equity to enforce the provisions of the special exception or of this Code. No appeal filed later than 15 days after the date of such notice shall be acted upon by the board of county commissioners.
(Ord. No. 2007-05, § 6, 9-18-2007)