(A) Title. This subchapter may be cited as the Beverly Shores Wetland Protection Ordinance.
(B) Findings of fact.
(1) The wetlands of Beverly Shores are indispensable and fragile natural resources with significant development constraints due to flooding, erosion and soil imitations. In their natural state, wetlands serve humans and nature. They provide habitat areas for fish, wildlife and vegetation; water quality maintenance and pollution control; flood control; shoreline erosion control; natural resource education; scientific study; open space; and recreation opportunities.
(2) A considerable number of these important natural resources have been lost or impaired by draining, dredging, filling, excavating, building, pollution and other acts. Piecemeal or cumulative losses may, over time, destroy remaining wetlands. Damaging or destroying wetlands threatens public safety and the general welfare.
(3) It is therefore necessary for Beverly Shores to ensure maximum protection for wetlands by discouraging development activities in wetlands and those activities at adjacent upland sites that may adversely affect wetlands and to encourage restoration of already degraded or destroyed systems.
(C) Purpose.
(1) It is the policy of Beverly Shores to:
(a) Encourage or require planning to avoid or minimize damage to wetlands wherever prudent or feasible;
(b) Require that activities not dependent upon a wetland location be located at upland sites;
(c) Allow wetland losses only where all practicable measures have been applied to reduce those losses that are unavoidable and in the public interest;
(d) Provide for compensation in the form of wetland restoration or creation to offset further losses; and
(e) Provide for the protection of wetlands under additional ordinances already adopted by Beverly Shores.
(2) Furthermore, activities must not threaten public safety or cause nuisances by:
(a) Blocking flood flows, destroying flood storage area or destroying storm barriers, thereby raising flood heights or velocities on other land and increasing flood damages;
(b) Causing water pollution through any means, including location of waste water disposal systems in wet soils, unauthorized application of pesticides, herbicides and algaecides; disposal of solid wastes or storm water runoff at inappropriate sites; or the creation of unstabilized fills;
(c) Increasing erosion; or
(d) Increasing runoff of sediment and storm water.
(3) In addition, it is the policy of Beverly Shores that activities in or affecting wetlands do not destroy natural wetland functions important to the general welfare by:
(a) Decreasing breeding, spawning, nesting, wintering, feeding or other critical habitat for fish and wildlife, including rare, threatened and endangered plant and animal species and commercially and recreationally important wildlife;
(b) Interfering with the exchange of nutrients needed by fish or other forms of wildlife;
(c) Decreasing groundwater recharge;
(d) Destroying sites needed for education and scientific research as outdoor biophysical laboratories, living classrooms and training areas;
(e) Interfering with public rights in waters and the recreation opportunities for fishing, boating, hiking, bird watching, photography, camping and other activities in wetlands; or
(f) Destroying aesthetic and property values.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999