A. Generally
There are hereby created three (3) Restricted Development Zones, one (1) adjacent to jurisdictional wetlands, one (1) adjacent canal shorelines, and one (1) adjacent to Wildlife Protection Zones. These zones encompass all land within five hundred (500) feet of the boundary of the protected environmentally sensitive zone.
B. Development Activities Within Restricted Development Zone
1. All development in a Restricted Development Zone shall be designed, constructed, and maintained to avoid significant adverse effects on the adjacent environmentally sensitive zone.
2. The following special design standards apply within Restricted Development Zones:
a. Natural buffers shall be retained between development and Environmentally Sensitive Lands and Other Protected Natural Resources. If a natural buffer does not exist, an equivalent buffer shall be created.
b. The developer shall completely restore any portion of a Protected Environmentally Sensitive Zone and other protected natural resources damaged during construction.
c. Other reasonable protective measures necessary to prevent significant adverse effects on Protected Environmentally Sensitive Zones and Other Protected Natural Resources may be required. The factual basis of the decision to require the measure shall be stated as a finding in the written record. Protective measures may include, but are not limited to:
(1) Maintenance of natural drainage patterns.
(2) Limitation of the removal of vegetation to the minimum necessary to carry out the development activity.
(3) Expeditious replanting of denuded areas.
(4) Stabilization of banks and other unvegetated areas by siltation and erosion control measures.
(5) Design, location, construction, and maintenance of all development in a manner that minimizes environmental damage.
(6) Use of legal mechanisms to require the developer and successors to protect the environmentally sensitive areas and maintain the development in compliance with the protective measures.
3. The following special design standards apply within Restricted Development Zones adjacent to Wetlands Protection Zones:
a. The natural buffer shall be at least thirty (30) feet.
b. Complete restoration of a damaged wetland area means that within two (2) years the area will be operating as effectively as the natural system did prior to being destroyed.
c. The amount of fill used in the development activity will be minimized.
d. Dredged spoil will be disposed of at specified locations in a manner causing minimal environmental damage.
e. Any dredging shall be conducted at times of minimum biological activity to avoid fish migration and spawning, and other cycles and activities of wildlife.
f. Location of septic tanks away from high groundwater areas and peaty soils.
4. The following special design standards apply within Restricted Development Zone adjacent to the canal shoreline:
a. The natural buffer shall be the buffer provided in Section 4.01.06C. of this Code.
b. Complete restoration of damaged canal shoreline means that within one (1) year the area will be operating as effectively as the natural system did prior to being destroyed.
c. Point source and non-point source discharges are prohibited, except for stormwater, which is regulated in Section 4.06 of these Land Development Codes. The City reserves approval of development until the requirements of the previously referenced section are fulfilled.
d. Siltation and erosion control measures shall be instituted in accordance with Department of Environmental Regulation standards located in FAC 17-25.
e. Any dredging shall be conducted at times of minimum biological activity to avoid fish migration and spawning, and other cycles and activities of wildlife.
f. Any spoil that results from dredging shall be disposed of at upland sites and stabilized within thirty (30) days, unless the spoil is causing turbidity or other problems, in which case the developer must stabilize the spoil immediately.
g. If dredging causes adjacent shores to erode, the developer shall periodically replenish these shores with the appropriate quantity and quality of aggregate.
h. Where wet moorage is offered for boats which have holding facilities for sewage, or where other recreational vehicles are allowed to stay overnight, then pumpout, holding, or treatment facilities shall be provided by the developer for sewage and other wastes, including bilge, contained on vessels and vehicles. The facilities shall be conveniently available to all vessels and vehicles.
i. Marinas and other appropriate developments shall locate in areas:
(1) Having adequate water depth to accommodate the proposed boat use without disturbance of bottom habitats.
(2) Away from seagrass beds, oyster reefs, and other important fish and shellfish spawning and nursery areas.
(3) Outside areas identified as inappropriate for marina development in the Marina Siting Study for West Florida (West Florida Regional Planning Council; August 2000) unless appropriate mitigating actions are undertaken.
j. Marinas and other appropriate developments shall:
(1) Maintain water quality standards as provided by F.S. Chapter 403.
(2) Demonstrate oil spill cleanup capability within the boundaries of the leased area.
k. Marinas and other appropriate developments shall post the following signs where they are readily visible to all users of the development:
(1) Regulations pertaining to handling and disposal of waste, sewage, or toxic materials.
(2) Regulations prohibiting the use of vessel toilets while moored unless these toilets are self-contained or have an approved treatment device.
(3) Regulations prohibiting the disposal of fish or shellfish cleaning wastes, scrapfish, viscera, or unused bait in or near the development.
(4) Appropriate messages relating to local ecological concerns, e.g., manatee protection.
l. A marina shall include boat launch facilities unless the applicant can demonstrate that providing such facilities is not feasible or it is determined that the ramp would be excessively damaging to the aquatic environment.
m. Marinas shall have adequate rest-room facilities in compliance with local Health Board regulations.
n. Garbage receptacles shall be provided and maintained by the marina operator at several locations convenient to users.
5. The following special design standards apply within Restricted Development Zones adjacent to the Wildlife Habitat Protection Zone.
a. Natural buffers shall be retained between all development and this Restricted Development zone. The size of the buffer shall be the minimum necessary to prevent the effects of development from adversely affecting the species.
b. Construction activities shall be designed to not damage lands in the Wildlife Habitat Protection Zone. If damage does occur, remediation shall be immediately undertaken.
(Ord. 711, passed 2-5-2019)