A. Generally
Except as expressly provided herein, no development activity shall be undertaken in a Protected Environmentally Sensitive Zone.
B. Activities Presumed to have an Insignificant Adverse Effect on Protected Environmentally Sensitive Zones
1. Certain activities are presumed to have an insignificant adverse effect on the beneficial functions of Protected Environmentally Sensitive Zones. Notwithstanding the prohibition in Section 4.03.05A. of this Part, these activities may be undertaken unless it is shown by competent and substantial evidence that the specific activity would have a significant adverse effect on the Protected Environmentally Sensitive Area.
2. The following uses and activities are presumed to have an insignificant adverse effect on Environmentally Sensitive Zones:
a. Minor maintenance or emergency repair to existing structures or improved areas.
b. Cleared walking trails having no structural components.
c. Timber catwalks, docks, and trail bridges that are less than or equal to four (4) feet wide, provided that no filling, flooding, dredging, draining, ditching, or excavating is done, except limited filling and excavating necessary for the installation of pilings.
d. Commercial or recreational fishing.
3. The following activities are presumed to have an insignificant adverse effect on the beneficial functions of the Wetlands Protection Zone:
a. Construction of fences where no fill activity is required and where navigational access will not be impaired by construction of the fence.
b. Development of an area that no longer functions as a wetland, except a former wetland that has been filled or altered in violation of any rule, regulation, statute, or this Code. The developer must demonstrate that the water regime has been permanently altered, either artificially or naturally, in a manner to preclude the area from maintaining surface water or hydroperiodicity necessary to sustain wetland structure and function. If the water regime of a wetland has been artificially altered, but wetland species remain the dominant vegetation of the area, the Department shall determine the feasibility of restoring the altered hydrology. If the wetland may be restored at a cost that is reasonable in relation to benefits to be derived from the restored wetland, the developer shall, as a condition of development, restore the wetland and comply with the requirements of this Code.
4. The following uses and activities are presumed to have an insignificant adverse effect on the Canal Shoreline Protection Zone:
a. Clearing of shoreline vegetation to create walking trails having no structural components, not to exceed four (4) feet in width.
b. Construction of fences where no fill activity is required and where navigational access will not be impaired by construction of the fence.
5. The following uses and activities are presumed to have an insignificant adverse effect on the Beach and Dune Protection Zone:
a. Maintenance of existing beach/dune vegetation following Department of Natural Resource guidelines.
b. Activities allowed under the “Exemptions from Permit Requirements” section of Department of Natural Resource Rules and Procedures for Chapter 16B-33, FAC.
C. Special Uses
1. Generally
a. All development activities in Environmentally Sensitive Lands and Environmental Protection Zones within the City are prohibited unless the necessary valid permits are obtained. These permits must be obtained prior to issuing local development approval.
b. Pursuant to the Conservation Element of the Comprehensive Plan, the City shall evaluate impacts on fisheries, wildlife habitat and marine habitat as part of its development and review and approval process. Development activities which will destroy identified wildlife or marine habitat, or endangered or threatened species shall be restricted through use of an enforceable development agreement pursuant to F.S. § 163.3220-3234, or mitigation measures pursuant to Chapter 17-312, FAC.
c. In the event endangered species such as sea turtles or manatees are found within the City, the City shall contact the Department of Natural Resources for guidance as to protective measures to be undertaken.
2. Permits for all development activities in jurisdictional wetlands must be obtained from the U.S. Army Corps of Engineers, pursuant to Section 404, Clean Water Act and Section 10, River and Harbor Act, and/or the Florida Department of Environmental Regulation, pursuant to Chapters 17-4 and 17-312, FAC.
3. Pursuant to Policy 5.2.1 of the City Comprehensive Plan, when reviewing applications for development permits or plan amendments the City shall permit the following shoreline uses in order of priority. The City shall give priority to these uses when issuing permits for competing development applications.
a. Resource Conservation
(1) Wetlands preservation
(2) Protection of living marine resources
(3) Shoreline stabilization/dune protection
b. Waterfront Access and Recreation
(1) Public waterfront access
(2) Public and private open-to-public recreation
(3) Open space
c. Water-Dependent Development
(1) Marinas
(2) In-water boat repair
(3) Institutional
d. Other Uses
(1) Residential
(2) Commercial
(3) Institutional
4. Permits for development activities in beaches and dunes must be obtained from the Florida Department of Natural Resources, pursuant to Chapters 16B-24 and 16-B33, FAC.
a. Prior to development approval from the City, the CCCL must be surveyed and clearly marked on site. The City building inspector shall periodically inspect such sites to ensure compliance with state law.
5. Permits for development activities in surface waters must be obtained from the Department of Natural Resources pursuant to Chapters 16B-24 and 16B-33, FAC, and the Department of Environmental Regulation pursuant to Chapters 17-3, 17-4, and 17-312, FAC.
a. Approval by the City Council of construction activities in Gulf surface waters is dependent on determination by the developer of presence of seagrass beds, oyster reefs, or other living marine resources. If permanent damage to these resources is expected to result from construction activities, the City will coordinate with the Department of Natural Resources to restrict construction activities and determine appropriate mitigation procedures. Appropriate mitigation is undertaken by the developer subject to the provisions of Chapter 17-312, Part III, Florida Administrative Code.
b. Construction of docks, piers, wharves, or similar structures under City jurisdiction are prohibited unless specifically approved by the City Council.
6. Appropriate permits for all development activities in identified endangered species and threatened species habitat must be obtained from the Florida Game and Fresh Water Fish Commission and the United States Department of Interior. Determination of habitat is necessary when endangered or threatened species habitat is present in the area of proposed construction activities. The developer of any areas identified as containing wildlife habitat shall be responsible for conducting an analysis to determine the presence of endangered or threatened species.
D. Mitigation
1. Generally
a. The purchase, creation, enhancement and/or restoration of Environmentally Sensitive Lands through compensatory mitigation is required to compensate for the loss of such lands when a special use is allowed.
b. The purchased, created, enhanced, or restored Environmentally Sensitive Land must be of the same type as those destroyed or degraded.
c. Compensatory mitigation shall not be the basis for approving a project that could not otherwise be approved.
d. A developer of a compensatory mitigation plan shall grant a conservation easement under F.S. § 704.06, on the newly purchased, created, enhanced, or restored Environmentally Sensitive Lands to protect them from future development.
2. Wetlands
a. Compensatory wetland mitigation shall require that the amount of wetlands purchased, created, enhanced, or restored be large enough to assure that the amount of wetlands destroyed or degraded will be completely and successfully replaced. Replacement of destroyed wetlands shall be in accordance with Department of Environmental Regulation mitigation standards, FAC 17-312.
3. Beaches and Dunes
a. Compensatory beach and dune mitigation shall require that the amount of beaches and dunes created, enhanced, or restored be large enough to assure that the amount of beaches and dunes destroyed or degraded will be completely and successfully replaced. Creation, enhancement, or restoration shall require, at a minimum, the planting and maintenance of xeric vegetation to a mature stage, which is achieved approximately four (4) years after planting of vegetation. Planting of vegetation shall begin by the first optimal planting season following construction.
b. Installation of dune walkovers as part of the construction of any new multi-family or commercial development undertaken along the gulf beach shall be required pursuant to 5.2.1(c) of the Comprehensive Plan.
E. Remediation
1. Remediation is required when Environmentally Sensitive Lands or other Protected Natural Resources are injured or destroyed as a result of improper or illegal construction activities. Development activity is halted and restoration of lands to natural conditions is required before permitting is considered.
(Ord. 711, passed 2-5-2019)