SMART CHARLOTTE / 2050
NATURAL RESOURCES ELEMENT
Goals, Objectives, and Policies
Existing CharlotteCounty Comprehensive Plan Policies / Proposed Policies: Smart Charlotte 2050
& Comments
Goal 1
To conserve, protect, enhance, and where necessary restore and manage CharlotteCounty’s environmental and natural resources to ensure their long-term quality for the future; increase public access to the shoreline and coastal waters; protect human life in areas subject to natural disaster; and limit public expenditures in areas subject to natural disaster. / Divided into three Goals:
ENV GOAL 1: POLLUTION CONTROL
Protect human and environmental health from the deleterious effects of pollution.
ENV GOAL 2: PROTECT NATURAL RESOURCES
Protect, conserve, enhance and manage native habitats to ensure viable use continues for present and future generations of floral and faunal species and the enjoyment of humans.
ENV GOAL 3: WETLANDS
To protect wetlands and the natural functions of wetlands.
Objective 1.1: / ENV OBJECTIVE 1.3:AIR QUALITY
Air quality in CharlotteCounty shall be suitable to safeguard human health and prevent damage to the natural environment. This shall be accomplished by meeting or exceeding air quality standards established by the U.S. Environmental Protection Agency (USEPA); the State Implementation Plan; and the Florida Department of Environmental Protection (FDEP), under Chapter 62, FAC. / To ensure that human health and the natural environment are not damaged by air contamination.
Policy 1.1.1: / ENV Policy 1.3.2:Air QualityControl Strategy
If air quality in Charlotte County declines below levels established by State and Federal regulations for extended periods, Charlotte County will amend its Code of Laws and Ordinances, pursuant to Section 163.3202, FS, to require industries to take appropriate measures to ensure that State and Federal standards for air pollution are met. If these standards are not met, the amended codes will set forth penalties which will include, but are not limited to, fines and denials of building permits or other forms of development approval. / CharlotteCounty shall, within six months of notification of a nonattainment status for any National Ambient Air Quality Standards’ parameter, amend its Code of Laws and Ordinances to require industries to take appropriate measures to ensure that State and Federal standards for air pollution are met.
Policy 1.1.2: / ENV Policy 1.3.1: Air Quality
CharlotteCounty shall support the continued monitoring and enforcement of air quality standards by applicable State and Federal agencies. To better assess CharlotteCounty’s air quality, the County will continue to request that an air quality monitoring station be established in an urbanized area of the County or City. The County’s request will specifically ask that air quality parameters monitored at the new station include carbon monoxide, hydrocarbons, nitrogen oxides, lead, and ozone in addition to total suspended particles. / CharlotteCounty shall support the ongoing efforts of the State and Federal agencies in monitoring and enforcing air quality standards.
Policy 1.1.3:
CharlotteCounty shall ensure the maintenance or improvement of air quality during site planning for land development by:
a. Requiring the landscaping of parking lots and heavily traveled roadways outside of recovery zones.
b. Researching, supporting or providing for alternative means of transportation such as car-pooling, privately-operated forms of mass transit, and bicycle and pedestrian paths.
c. Entering into agreements with surrounding counties as well as regulatory agencies to ensure that local concerns are addressed during the permitting stages of potential point source pollution generators, as provided in the Intergovernmental Coordination Element. / ENV Policy 1.3.3: AirQualityStandardsCharlotteCounty shall enforce, and improve as necessary, the Industrial Performance Standards and any codes controlling soil erosion and dust emanation during and after development activities.
ENV Policy 1.2.3: Intergovernmental Cooperation
CharlotteCounty shall involve itself in the permitting stages of potential point source pollution generators in adjacent counties to ensure that CharlotteCounty’s concerns are addressed.
Policy 1.1.4: / ENV Policy 1.3.4: Air Quality Permit Restriction
New land uses requiring air quality permits from the USEPA or FDEP shall not occur within one-half mile of any residential area, including vacant properties designated by the Future Land Use Map for low, medium, or high density residential development. This policy shall not apply to crematoria or incinerators located within hospitals, medical centers, or funeral homes intended for the sole use of the facility, or to other facilities requiring air quality permits which pre-date the adoption of this policy. / CharlotteCounty shall prohibit the placement of new land uses requiring air quality permits from the USEPA or FDEP within one-half mile of any area designated by the Future Land Use Map as being primarily for residential development. This policy shall not apply to crematoria or incinerators located within hospitals, medical centers, or funeral homes intended for the sole use of the facility.
Policy 1.1.5: / ENV Policy 1.3.5: Prescriptive Burning
In order to prevent the degradation of air quality which may occur as a result of a catastrophic wildfire, the County recognizes the importance of and shall continue to support the use of prescriptive burning as permitted by the Florida Division of Forestry (DOF) in order to reduce and maintain low fuel loads. Fire Management Plans (FMPs) have been developed and implemented for county managed lands, such as Tippecanoe Scrub, Cedar Point and AmberjackEnvironmentalPark, by qualified County staff, and with assistance, as needed, from qualified agencies and/or contractors. Land management plans that include FMPs (when it has been determined that prescribed burning meets the criteria for best management practices) will be required for county lands acquired with Florida Communities Trust Funds in accordance with 9K.4, FAC. CharlotteCounty will permit removal of understory vegetation, through prescribed burning, under exemption for Tree Removal Authorization, for residential and commercial lots, when permitted by the DOF. / In order to prevent catastrophic wildfires, which greatly reduce air quality, and to mimic the natural cycle of regeneration, the County shall allow for and support the use of prescriptive burning as permitted by the Florida Division of Forestry (DOF).
Policy 1.1.6: / ENV OBJECTIVE 1.1: CONSCIENTIOUS USE OF EARTH’S RESOURCES
To promote conscientious utilization of earth’s resources and reduce the carbon footprint of CharlotteCounty’s development.
CharlotteCounty shall encourage the use of clean alternative energy sources and technologies, such as active and passive solar technology, to reduce the input of fossil fuel emissions into the atmosphere and conserve energy. New construction will comply with Energy Performance Index standards as required by the Florida Energy Efficiency Code for Building Construction. CharlotteCounty will encourage the use of solar technologies according to standards established by the SolarEnergyCenter under Section 377.05 FS. / ENV Policy 1.1.1: Alternative Transportation
CharlotteCounty shall support alternative means of transportation such as car-pooling, publicly-operated on-demand mass transit programs, privately-operated forms of mass transit, bicycle and pedestrian pathways and other forms of low-fuel consumptive transportation.
ENV Policy 1.1.2: Alternative Energy
CharlotteCounty shall encourage, without detriment to natural resources, the use of clean alternative energy sources and technologies, such as active and passive solar technology and wind turbines, to reduce the input of fossil fuel emissions into the atmosphere and conserve energy.
ENV Policy 1.1.3: GreenBuilding Techniques
CharlotteCounty shall promote and enforce green, or sustainable, building practices and LEED certification for public and private buildings.
ENV Policy 1.1.4: Green Landscaping and Low Impact Techniques
CharlotteCounty shall promote and, as applicable, enforce landscaping techniques that reduce water usage, require low maintenance, and eliminate or reduce the need for herbicide and pesticide usage. Incorporation of landscaping into Low Impact Development design of stormwater systems is encouraged.
ENV Policy 1.1.5: Promote Utilization of Local Food Resources
CharlotteCounty shall support the implementation of a sustainable agriculture program on private and publicly owned lands. The program may include but shall not be limited to the following:
(a)Create provisions for community gardens and farms as well as farmers’ markets by coordinating with neighborhood planning efforts, providing comment in site plan reviews, subdivision reviews, and land use amendments encouraging the provision of adequate land to support such facilities, or, as an alternative and where appropriate, encouraging the coordination with and use of county parks or other public lands for such facilities;
(b)Encourage and support local food marketing strategy and institutional purchasing from local agriculture for breakfast, lunch and dinner programs;
(c)Encourage the expansion of existing agricultural uses and development of new business involved in agriculture such as new agricultural technologies and infrastructure to allow operational activities of urban and small scale agricultural opportunities;
(d)Support an assessment of the community food system in order to promote profitable small and large farms and alternative enterprises to sustain economically viable agricultural communities.
Policy 1.1.7: / Removed
CharlotteCounty shall prohibit the creation of deed restrictions within new developments which prohibit the use of solar technology for water heating and other applications. / This is covered by state statute.
Policy 1.1.8: / removed
CharlotteCounty shall ensure compliance with these policies regarding air quality.
Objective 1.2: / ENV OBJECTIVE 1.4:WATER QUALITY
The surface waters of CharlotteCounty shall be protected to ensure that their quality is maintained or improved to, at a minimum, meet the standards established by Chapter 62, FAC and the Clean Water Act, 3 USC 1251. / To ensure that human health and the natural environment are not damaged by water contamination.
Policy 1.2.1:
Except for bona fide agricultural operations and incidental domestic uses, land use activities which utilize, store, or generate hazardous materials, or which involve the bulk storage or continuous transmission of petroleum products or other hazardous substances, shall be prohibited within any area included within the Special Surface Water Protection Overlay District. The agricultural and domestic exemptions - all which are reviewed prior to the issuance of the approved exemption - shall not be construed to relieve these activities from compliance with applicable State and Federal regulations pertaining to the installation and use of above- or below-ground storage tanks, or other structures or improvements intended for the use, storage, or generation of petroleum products or other hazardous substances. / ENV Policy 1.4.9: Potable Water Protection Overlay District (PWPOD)
The intent of the PWPOD is to protect the quantity and quality of surface waters that contribute to potable water supplies, which are Shell and Prairie Creeks from their easternmost termini to the Shell Creek Dam. This delineated creek system and ½ mile of uplands from the bed of the creeks are included in the PWPOD. It shall also cover Long Island Marsh and TippenBay, which are identified as significant water sources for the restoration of Shell Creek. This overlay is illustrated on the Future Land Use Map series Map #?
ENV Policy 1.4.10: PWPOD Restrictions
Allowable uses are limited to very low density and intensity uses with maximum impervious surface limits and riparian buffer requirements. Bona fide agricultural operations are allowed by right but shall utilize Best Management Practices as developed by the Florida Department of Agriculture and Consumer Services. Very low density residential use is also allowed by right. The storage, transmission or uses of hazardous substances, except those that are incidental to agricultural or residential living, are prohibited within the PWPOD. The exemption shall not be construed to relieve these activities from compliance with applicable State and Federal regulations pertaining to the installation and use of hazardous substances. A 50 foot native riparian buffer shall be required along all shorelines, with the ability to reduce this buffer to 25 feet in some areas as long as the total buffer area is not reduced. All uses within this overlay area must be reviewed by a natural resources specialist prior to development. The Code of Laws and Ordinances shall be updated to reflect the intent of the overlay.
Policy 1.2.2: / REMOVED
The County will continue to review all activity and development that impact CharlotteCounty’s wetlands and apply restrictions in accordance with the Goals, Objectives and Policies of the Comprehensive Plan and County Land Development Regulations and limit any or all impacts of development which directly or indirectly adversely affect wetland resources. / New wetland policies in place under Goal 3.
Policy 1.2.3: / ENV Policy 1.4.3: Protection Guidelines
CharlotteCounty will protect its surface waters through implementation of the following standards and guidelines:
a.On-site sewage disposal systems, including their associated drain fields, will be located as far landward as feasible on waterfront properties so as to reduce or prevent unnecessary nutrient and pathogen loading into surface waters.
b.The discharge of run off, wastewater, or other potential sources of contamination into surface waters resulting in the degradation of the quality of the receiving water body below the standards set forth in all applicable sections of Chapter 62 F.A.C. (including any antidegradation provisions), and any special standards for Outstanding Florida Waters and Outstanding National Resources Waters will be prohibited.
c.The most current best management practices identified in the Handbook, Urban Runoff Pollution Prevention and Control Planning, EPA/625/R-93/004, which control erosion and limit the amount of sediment reaching surface waters shall be used during all development activities.
d.Removal or control of submerged, emergent, or floating vegetation shall be limited to that necessary to provide reasonable access and aquatic weed control and conducted according to the guidelines provided in Chapter 62C-20, Florida Administrative Code, as permitted by the Florida Department of Environmental Protection and in compliance with control standards outlined in Chapters 403 and 369, FS. This policy shall not apply to the removal of nuisance species such as hydrilla, water hyacinth, or water lettuce.
e.CharlotteCounty will continue to provide treatment as governed by Chapter 388 F.S., Mosquito Control, and where feasible, use non-chemical means and best management practices as alternatives to insecticides and herbicides for the control of aquatic weeds and mosquitoes.
f.Withdrawals from, or discharges to, surface waters which alter hydroperiods shall require the appropriate permits through FDEP, the appropriate Water Management District, or the USACoE, and shall not reduce the quality or productive capability of water dependent ecosystems.
g.Development proposals must demonstrate that post development discharges into surface waters, or diversion of freshwater inflow into surface waters, will not lower the quality or productive capability of the receiving water body. All development proposals which require Environmental Resource Permits as provided by Chapter 40 and 62, Florida Administrative Code, will be reviewed for consistency with the Goals, Objectives and Policies of the Charlotte County Comprehensive Plan and Land Development Regulations. All development proposals must demonstrate post development discharges into marine and estuarine systems, or waters which flow into estuarine systems will not adversely affect the aquatic system in question. Such discharge must not exceed the legal limit for established surface water quality parameters to include, but not limited to, biological oxygen demand, dissolved oxygen, nutrients, bacteriological quality and turbidity, for the appropriate class water, as outlined in Chapter 62, FAC.
h.The design and construction of artificial waterbodies will provide sufficient water quality, fish and wildlife habitat values and functions consistent with the requirements of state and federal agency permits and the intended use of the water body.
i.Boat speeds shall be limited as necessary to avoid shoreline erosion, siltation and protect natural functions by establishing and enforcing speed zones and other prohibited activities in vulnerable areas. / The County shall implement of the following standards and guidelines to protect all of its surface waters:
(a)The discharge of run off, wastewater, or other potential sources of contamination into surface waters resulting in a degradation of the quality is prohibited.
(b)The most current best management practices which control erosion and limit the amount of sediment reaching surface waters shall be applied to all development activities.
(c)Removal or control of submerged, emergent, or floating vegetation through non-chemical means shall be prioritized. Removal shall be limited to that necessary to allow reasonable access to water resources except for the removal of nuisance species such as hydrilla, water hyacinth, or water lettuce.
(d)Non-chemical means, where feasible, and best management practices shall be used as alternatives to insecticides and herbicides for the control of mosquitoes.
(e)Boat speeds shall be limited as necessary to avoid shoreline erosion, siltation and protect natural functions by establishing and enforcing speed zones and other prohibited activities in vulnerable areas.
Policy 1.2.4: / ENV Policy 1.4.2: Water Quality Monitoring
CharlotteCounty shall support and encourage continued water quality monitoring by local, State, and Federal agencies that will identify and formulate plans to address point and non-point pollution of CharlotteCounty’s surface waters. CharlotteCounty shall continue to participate in the Charlotte Harbor National Estuary Program by selecting professional staff, elected officials, and citizens to sit on the CHNEP’s advisory committees, and will continue to participate in the implementation of the goals and objectives of the Charlotte Harbor Surface Water Improvement and Management plan. / Charlotte County shall support and encourage continued water quality monitoring by local, State, and Federal agencies, non-profit groups, and individual volunteers that will help identify and formulate plans to address point and non-point source pollution.