§ 50-752. Support and operation facilities related to the extraction of water for bulk or retail sales.

The following provisions apply to support and operation facilities related to the extraction of water for bulk or retail sales:

(a)

Definition. In this chapter, the term "support and operation facility related to the extraction of water for bulk or retail sales," or if used in this section the term "support and operation facility," means any development or improvements of any kind to a lot or parcel of property that are in support of, in furtherance of the operation of, or connected with the extraction of water from such lot or parcel of property for bulk or retail sales.

(b)

Special exceptions for support and operation facilities related to the extraction of water for bulk or retail sales; criteria, standards and conditions. A support and operation facility related to the extraction of water for bulk or retail sales shall require the approval of a special exception application in accordance with the provisions of this section and all applicable sections in division 5, article XIII, of this chapter 50, prior to commencement of construction, development, or use of such facility. The specific criteria, standards and conditions that shall be required to be met prior to approval of such support and operation facility related to the extraction of water for bulk or retail sales are as follows:

(1)

The proposed support and operation facility complies with all the required regulations and standards of this chapter, including provisions of division 5 and of this section specifically, and all other applicable regulations.

(2)

The proposed support and operation facility is consistent with the comprehensive plan and conforms with the general plans of the county as embodied in the comprehensive plan.

(3)

The proposed support and operations facility is serviced by paved roads adequate to accommodate the traffic volume and load impacts and not adversely impact surrounding uses. Specific requirements for access to roadways for a support and operation facility shall comply with the following minimum requirements:

a.

A support and operation facility shall locate within an area which has direct access to a major collector or arterial road.

b.

Ingress and egress must have direct access to a paved county or state maintained road. The minimum road classification for access shall be a major collector.

c.

Access and truck routes to the site through platted recorded and unrecorded residential subdivisions are prohibited.

d.

The board of county commissioners may limit the number of truck trips per day to and from the property that is the subject of the special exception application.

e.

Hauling requirements. The applicant shall ensure that neither public nor private property will be damaged by the hauling of water from the site, and that hazardous traffic conditions will not be created, all as evidenced by a traffic study performed by a professional engineer licensed in the State of Florida, and provided by the applicant with the application. Any application for a special exception for a support and operation facility shall identify proposed hauling routes. All hauling vehicles shall have the trucking company name (or truck owner's name if privately owned) prominently displayed on the sides of the vehicle.

(4)

Screening and buffering for the proposed support and operation facility, where necessary, is of such type, dimension and character to improve compatibility of the proposed support and operation facilities with uses and structures of adjacent and nearby properties. Specific buffering standards shall be as follows:

a.

Length. The buffer shall be of sufficient length so as to shield support and operation facility activity from surrounding properties.

b.

Depth. The buffer shall consist of a minimum of 40 feet. If the buffer consists entirely of a vegetative buffer, it shall be a minimum of four rows of non-deciduous trees, with such rows planted ten feet apart, and with the individual trees in each row to be planted in such numbers and in a staggered formation as is necessary to create the required opacity. The buffer shall begin at least ten feet from the property line. If a berm is used in the buffer, the buffer shall meet the requirements for berms contained in this subsection.

c.

Opacity. The buffer shall meet a minimum of 85 percent opacity standard, to be met within one year of the issuance of the special exception approval.

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 40-foot vegetative screen (four rows at ten feet apart, starting a minimum of ten feet from the property line) shall be the standard, except where a berm is necessary. Where a berm is necessary, the outer ten feet of the buffer must consist of the vegetative screen;

ii)

Existing trees located within the vegetative screen area must remain.

iii)

If sufficient vegetation does not exist, the vegetative screen area shall be planted primarily with evergreen or other nondeciduous trees native to the area and compatible with the area soils.

e.

Berms. The following are requirements for berms where utilized to augment vegetative buffers:

i)

The berm shall generally run parallel to the property line.

ii)

The berm shall be built to the height necessary to shield the support and operation facility activity from the property line, but not to exceed ten feet above the natural surface of the ground, so that the support and operation facility cannot be viewed through the buffer from adjoining properties when viewed from the property line. The berm shall not be of uniform height for its length, but shall 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 1:1, vertical to horizontal.

iv)

Adequate control shall be provided to protect the adjacent properties from additional runoff caused by the earthen berm.

(5)

The proposed support and operation facility will 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. The support and operation facility shall provide sufficient protection so that there shall be no audible noise and no visible glare or lighting beyond the boundary line of the subject property.

(6)

No structures or operations of the support and operation facility shall be located within 75 feet of any property line.

(7)

All structures located on the subject property shall be compatible in design and architectural features with the structures in the surrounding area.

(8)

The minimum tract size for the proposed support and operation facility shall be ten acres.

(9)

The proposed support and operation facility will not adversely impact the recreational enjoyment of state, federal or county parks by the public.

(10)

The proposed support and operation facility is not located in a prohibited area, and meets all requirements contained in this section and all other applicable land development regulations.

(11)

The proposed support and operation facility has obtained all applicable federal, state or local permits, prior to submitting an application to the county for the special exception.

(12)

The proposed support and operation facility will not be detrimental to the area residents or businesses, or the public health, safety or welfare of the community as a whole.

(13)

The site plan submitted with the application for special exception for a support and operation facility shall meet all site plan submittal requirements of section 50-775 hereof, and shall contain any other information reasonably required by the building official or county engineer for the applicable county departments to conduct an adequate review.

(14)

The fee for an application for a special exception for a support and operation facility shall be the same fee as for a special exception for a major mining operation, which is set out in the fee schedule maintained by the county development department. The application for special exception for a support and operation facility shall be accompanied by the applicable fee. The application fee is non refundable, whether the application is ultimately approved or denied.

(15)

Notwithstanding any other provision in this section to the contrary, a special exception approval for a support and operation facility 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.

(16)

Hours of operation and days of operation of any support and operation facility shall be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Friday, unless otherwise stated via conditions to the special exception based on site specific considerations. Operation hours shall be regulated to protect the character of nearby residential areas. In addition to all other elements of operation of a support and operation facility, this limitation of hours and days of operation shall specifically apply to the arrival and departure and operation of any truck traffic from the site. No truck traffic shall be allowed to arrive or depart from the subject property and no trucks shall be allowed to operate on the subject property outside of the allowed hours and days of operation. This limitation on hours and days of operation shall not apply to operation of any pumps on the subject property, provided that the operation of such pumps shall not produce any noise that is audible beyond the property line of the subject property.

(c)

Prohibited areas for special exceptions for support and operation facilities. In order to meet the criteria, standards, conditions, and requirements for approval of an application for a support and operation facilities special exception, in addition to the minimum criteria, standards, and conditions provided above, the following provisions shall apply:

(1)

Prohibited areas for support and operation facilities. The following are areas where support and operation facilities shall be prohibited:

a.

Within one-quarter mile of schools, hospitals, or county, state or federal parks.

b.

Within one-quarter mile of a platted and recorded subdivision with lot sizes of five acres or less that include constructed streets or developed parcels.

c.

Anywhere within a municipal service district (MSD), as such districts are defined and delineated by the Levy County Comprehensive Plan.

(Ord. No. 05-03, § 4, 6-7-2005; Ord. No. 05-05, § 1, 10-4-2005; Ord. No. 2007-03, § 22, 7-17-2007)