HomeMy WebLinkAboutArticle XIARTICLE XI: ENVIRONMENTAL PROTECTION
/"1 SECTION 54-3-11.1: PRESERVATION OF WETLANDS AND TRANSITIONAL WETLANDS
In order to promote and preserve natural hydrological conditions and to preserve water recharge areas, water
supply and water quality, and natural habitats, the following regulations shall be applied to wetland areas:
A. Wetlands Defined. Wetlands shall be defined pursuant to State Statute.
B. Wetland Delineation (Establishing the Wetland Line). A delineation of the upland wetland boundary
shall be established based upon an on -site field survey by a professional biologist or registered engineer
provided by the applicant and coordinated with the St. Johns River Water Management District, the
Department of Environmental Protection, and/or the US Corps of Engineers.
C. Wetland Development Restrictions and Interpretations. No development activity shall be allowed
in a wetlands, including upland buffer areas, until and unless the applicant has obtained all required
permits or exemptions from the State and/or Federal agencies having jurisdiction and has met all
requirements of the Land Development Code. Upland buffer areas shall be defined as the areas
separating wetland and upland areas and in which development activities may be regulated to protect
wetlands. The upland buffer shall be an area landward of the upland edge of a wetland (i.e., the
upland/wetland jurisdictional line if applicable). The buffer area provides an undeveloped area that
separates developed upland from a wetland area. The purpose of the buffer area is to ensure the
continuing function of respective wetland communities, to prevent pollutants from surface water runoff
from entering the wetlands, and to enhance water quality. The City shall retain the right to prohibit
development within the buffer area. The boundary of an upland buffer area shall be consistent with best
/40� management principles and practices and shall be compliant with applicable St. Johns River Water
Management District permitting standards for upland buffers adjacent to wetlands to sufficiently protect
adjacent wetlands.
D. Required Dedication of Conservation Easements. The City may require applicants for subdivision
development approval to include the dedication of conservation easements or reservations where the
City finds that the dedication is reasonable in order to protect the value and function of a wetland.
E. Administration of Wetland Development Restrictions. The City shall coordinate with the
jurisdictional agencies for purposes of rendering legal, equitable, and environmentally sensitive
determinations of the development rights to be permitted on such wetlands and/or lands under the
jurisdiction of the State or Federal government. The developer of a parcel of environmentally sensitive
land shall be responsible for obtaining permits or exemptions from the St. Johns River Water
Management District (SJRWMD), Florida Department of Environmental Protection (DEP) and from the
Army Corp of Engineers, as may be appropriate, prior to obtaining a development order, subdivision
construction permit, or site plan review approval from the City. Regardless of permitting by Federal or
State permitting agencies, the City shall reserve the right to determine the appropriate land use and
density/intensity.
SECTION 54-3-11.2: SOIL EROSION AND SEDINIENTATION CONTROL
A. Required Soil Erosion and Sedimentation Control Plan. In order to prevent both soil erosion and
sedimentation, a soil erosion and sedimentation control plan shall be required as a part of an application
for a subdivision construction permit, site plan review, plot plan review of a single-family residential lot
/41k'N and whenever a development will involve any clearing, removal of native or protected vegetation,
grading, transporting, or -other form of disturbing land by the movement of earth.
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B. Erosion Control Measures. All measures necessary to minimize soil erosion and to control
140k� sedimentation in the disturbed land area shall be implemented. The following protection shall be
provided for all disturbed areas: minimize velocities of water runoff and wind erosion, maximize
protection of disturbed areas from stormwater runoff, and prevent or retain sedimentation within the
development site as early as possible following disturbances. A list of major problem areas for erosion
and sedimentation control follows. For each one, the purpose(s) of requiring control is described. Soil
erosion and sedimentation control measures for all such areas shall be provided with a view toward
achieving the specific purpose listed below for which a control plan is required;
1. Erodable Slopes: Prevent detachment and transportation of soil particles from slope.
2. Streams, Streambeds, Streambanks, Bodies of Water, Lake Shorelines: Prevent detachment
and transportation of soil particles.
Drainageways: Prevent detachment and transportation of soil particles (which would
otherwise deposit in streams, bodies of water, or wetlands); promote deposit or sediment loads
(traversing these areas) before these reach bodies of water.
4. Land Adjacent to Streams, Ponds, Lakes, and Wetlands: Prevent detachment and
transportation of soil particles. The applicant shall not adversely impact aquatic vegetation
within the sensitive transition zone located between the upland and the mean high water line
(ordinary high water line for non -tidal waters). No such vegetation shall be disturbed without
approval of the city. Any such approval shall be based on a demonstrated necessity that
promotes the overall public health, safety and welfare. Furthermore, any such disturbance of
aquatic vegetation shall be compensated by re -vegetation based on a plan approved by the city
as stipulated herein. The applicant shall coordinate plans for riverfront development with the
Florida Department of Environmental Protection as well as the U.S. Army Corps of Engineers
where tidal waters might be impacted. Where deemed appropriate, the site plan shall include
the planting of native indigenous aquatic plant vegetation to promote stability of the shoreline.
5. Enclosed Drainage Structure: Prevent sedimentation in structure, erosion at outfall of system
and deposit of sediment loads within system or beyond it.
6. Large Flat Surface Areas (Unpaved): Prevent detachment of soil particles and their off -site
transportation.
7. Impervious Surfaces: Prevent the detachment and transportation of soil (in response to an
increase in the rate and/or volume of runoff of the site or its concentration caused by impervious
surfaces).
8. Borrow and Stockpile Areas: Divert runoff from face of slopes exposed in the excavation
process; convey runoff in stabilized channels to stable disposal points; leave borrow areas and
stockpiles in stable condition.
C. Applicability. Appropriate measures shall be taken during land clearing and building operations to
assure that exposed, destabilized or otherwise altered soil is expeditiously covered with an acceptable
erosion control material. The provision shall be applicable to the act of subdividing and installation of
related improvements as well as during the development review process including the period during
which improvements may occur as well as the length of time soil may be exposed to the environment.
The tree and native vegetation protection ordinance shall be applicable to all clearing and grading
activities and shall include specifications for management principles guiding the removal or placement
of vegetation and landscaping design. Regulations shall also require developers to take precautionary
measures, where necessary, to avert destruction or damage to native vegetation.
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Chapter III: Performance Criteria. Article XI: Environmental Protection
SECTION 54-3-11.3: AQUIFER RECHARGE PROTECTION
/ A. Aquifer Recharge Area Defined. Aquifer recharge areas shall be defined as those areas determined by
the Indian River Soil Conservation District as having good to excellent recharge potential as generally
identified on map B-5 of the City of Sebastian Comprehensive Plan Goals, Obiectives, and Policies.
These area include the following soil types: Paola, St. Lucie, Astatula, Archbold, Pomello, Orsino,
Jonathan, and Satellite
B. Restrictions on Development within Recharge Areas. All development within designated recharge
areas shall comply with the following development requirements:
Preservation of recharge potential. Development shall preserve the predevelopment
conditions with regard to soil type, drainage rates, -grade elevation, and shall be designed so as
to minimize the reduction or recharge of the Surficial aquifer. The groundwater level and
fluctuations shall be substantially the same as predevelopment conditions.
2. Soil Removal. Removal of soil from a development site or any portion thereof, which is
located above twenty-five (25) feet mean sea level is prohibited.
3. Clearing. No clearing of soil or vegetation may occur before a permit for such activity is
issued.
4. Excavation. Excavation which cuts below the seasonal high water table shall be prohibited
unless a design/plan is prepared by a qualified engineer and approved by the City Engineer
which demonstrates that the work can be completed in a manner that will not detrimentally
14R4� impact the groundwater table. The excavated area may be excavated during the dry season
when excavation is done below the seasonal high water level, but higher than the seasonal low
groundwater table. The burden of proof of the seasonal levels is by the developer's engineer.
5. Impermeable Surfaces. Impermeable surfaces of recharge areas shall be regulated as follows:
a. Development on sites with any land having an elevation no greater than twenty-five
(25) feet above mean sea level (MSL) shall restrict impermeable surfaces to fifty (50)
percent of the total area of the site which is twenty-five (25) feet or less MSL.
b. Development on sites with any land exceeding twenty-five (25) feet mean sea level
(MSL) shall restrict impermeable surfaces to thirty-five (35) percent of the total area of
the site which is above twenty-five (25) MSL.
C. Prohibited Land Uses. The following land uses and activities are prohibited within aquifer recharge
areas:
1. Sanitary landfills;
2. Animal feedlots;
3. Wastewater treatment facilities, not including duly permitted septic tanks;
4. Petroleum and pesticide bulk storage facilities without proper containment;
5. Incinerators
6. Above -ground or below -ground pipes for pollutants or contaminants.
7. All other land uses that store, handle, or generate hazardous materials or wastes. The following
/ State and Federal rules define and regulate additional hazardous material.
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Article XI: Environmental Protection
• Chapter 38F-41 of the Florida Administrative Code (the Florida Substance List).
• Title 40 of the Code of Federal Regulations Part 261 (Identification and Listing of Hazardous
Wastes).
• Title 40 of the Code of Federal Regulations Part 302.4, Table 302.4 (List of Hazardous
Substances and Reportable Quantities).
• Title 40 of the Code of Federal Regulations part 355, Appendix A and B (List of Extremely
Hazardous Substances).
8. Sandmines
SECTION 54-3-11.4: COASTAL RESOURCE IMPACT ANALYSIS
A. Estuarine Shoreline Protection. Applicants for development along the Indian River Lagoon,
Sebastian River, or Collier Creek shall be required to submit as part of the permitting process, plans that
demonstrate how the development shall incorporate features designed to protect against potential
adverse impacts to:
1. Shoreline vegetation and stabilization;
2. Water quality;
3. Native habitat, including seagrass beds and wetland habitats;
4. Living marine resources, and
5. Shoreline access.
No shoreline development shall be approved until the applicant has demonstrated that potentially
adverse impacts shall be prevented or that compensatory mitigation shall occur.
/�1 B. Shoreline Vegetation and Stability. No vegetation shall be removed from a shoreline without a duly
authorized permit (Article XIV). Where the City approves shoreline alterations, the applicant shall be
required to re -vegetate, stabilize, and enhance damaged shorelines by planting native vegetation,
including mangrove and/or appropriate native plant species which:
1. Contribute to marine productivity and water quality;
2. Offer protection from erosion and flooding; and
3. Contribute to the natural soil building process.
Whenever vegetation is removed, the applicant/developer must provide mitigation plan ensuring that re -
vegetation shall occur. In order to establish such assurance, the mitigation plan shall include a re -
vegetation that contains an appropriate ratio of replacement plants to continue the physical and
biological functions of the vegetation, especially any pre-existing function as a habitat. The mitigation
plan shall be subject to review by the Planning and Zoning Commission and by the appropriate Federal
and/or State agencies having jurisdiction. Activities along the shoreline require FDEP permit.
Hardening of the Indian River Lagoon shoreline or the shoreline of the Sebastian River with rip -rap or
other similar approved devices shall not be allowed unless erosion constitutes a critical peril to upland
property and the use of vegetation has failed to stabilize the shoreline. In such case, coquina rip rap shall
be the first alternative. Such shoreline hardening structures shall not be vertical seawalls or bulkheads.
The specific location and design of such structures shall:
1. Comply with the best management principles and practices and be accomplished by use of the
least environmentally damaging methods and designs possible;
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2. Avoid a vertical slope that generates erosive tendencies, especially to adjacent unprotected
shoreline properties. Pervious interlocking tile systems, filter mats, and similar stabilization
methods shall be used in lieu of vertical walls;
3. Not be located waterward of the mean (or ordinary as applicable) high water line except when
it is shown to be in the public interest;
4. First be approved by other public agencies having jurisdiction; and
5. Incorporate a program of shoreline vegetation or re -vegetation in order to build, enhance, and
stabilize a natural shoreline.
C. Living Marine Resources, Including but Not Limited to Seagrass Beds. Development along the
coastal shoreline or within an area extending into the jurisdictional tidal waters of the City shall avoid
adverse impacts of development on benthonic communities within tidal waters, including seagrass beds
and other live bottom communities as well as adverse impacts on the coastal marsh and other coastal
non -tidal wetland habitats.
Since these areas are sensitive to increased turbidity and other forms of pollution, water run-off and
introduction of nutrients, these forms of pollution shall be regulated through effective water quality
management criteria. Plans for development impacting marine resources shall be coordinated with state
agencies having jurisdiction prior to the City granting development plan approval and/or prior to release
of any permit for construction. Compensatory mitigation may be permitted in cases of overriding public
benefit where both the State and Federal agencies having jurisdiction approve the mitigation measures
proposed by the developer. Any such development shall ensure continuance and maintenance of
essentially natural conditions in order to further propagation of fish and wildlife as well as public
recreation opportunities.
All applicants proposing development activities along any estuarine shoreline or within submerged
areas shall be required to submit a site plan pursuant to site plan review regulations. Such site plan shall
provide information describing marine life potentially impacted by proposed land uses as well as related
construction activity. The plan shall stipulate assurances that the proposed project shall not adversely
impact marine life or water quality. For instance, the City may require water quality control techniques
such as the use of weirs for purposes of managing turbidity. In addition, the City shall require surveys
of existing conditions, specifications of planned site improvements, and techniques to be used during
construction as well as in operating and maintaining the land use in order to prevent damage to living
marine organisms.
D. Water -Related and Water Dependent Uses. All water -related uses shall be built on uplands landward
of the high velocity hurricane storm surge zone (VE-zone). All construction activities shall be
predicated on plans compliant with applicable State and City building codes. Dredging and filling of
wetlands or open water in order to accommodate water -related uses shall not be permitted unless all
State agencies having jurisdiction have approved the construction plans and the City approves such
activity pursuant to provisions for wetland protection (Section 54-3-11.1), the Surface Water
Management (Article XII), and all other relevant site plan review criteria.
Within the wetland estuarine shoreline, no development other than water dependent native shoreline
vegetation, approved elevated accessways (of wood or other material which allow light to pass through
and air and/or water to circulate underneath and to support plant life), or other water dependent uses
approved by all State and/or Federal agencies having jurisdiction and approved by the City pursuant
shall be permitted. No structures that constrict water circulation in the lagoon shall be permitted.
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No non -water dependent uses shall be permitted on submerged lands or wetlands. Development on
(041\ uplands adjacent to wetlands shall preserve a buffer measured from the nearest upland/wetland
boundary. The buffer area shall be coordinated with St. Johns River Water Management District
permitting guidelines. Within the buffer area all exotic vegetation shall be removed and native plants
shall be planted. The purpose of the buffer area is to protect ambient water quality and to prevent
degradation of water quality from pollutants from surface water runoff within coastal waters.
E. Impacts of Coastal Development on Tidal Flushing and Circulation Patterns. Tidal flushing and
circulation patterns generally shall not be altered by development activities. No development shall
produce changes in tidal flushing and circulation patterns unless the applicant for development clearly
demonstrates that no adverse environmental impacts shall be occasioned by the proposed changes in
tidal flushing and circulation patterns. The applicant shall provide hydrographic information sufficient
to support this premise. Additionally, no alteration in tidal flow shall be permitted which causes
stagnation or siltation. The City shall grant no alteration permit unless all other agencies having
jurisdiction have granted clearance, including all requisite permits.
F. Marinas and Dock Facilities. The City shall not approve docks or marina improvements until the
applicant demonstrates compliance with all applicable Federal and State laws and administrative rules,
as well as applicable policies of regional agencies. Site plans shall include an environmental impact
component for all docks and marinas, which adequately address marina siting criteria cited herein.
These plans must demonstrate to the City's satisfaction that the facilities shall not adversely impact
living marine resources, including, but not limited to, seagrasses, estuarine waters, manatees and other
living marine organisms. The plans shall comply with the following criteria:
1. The Plan shall indicate the following:
a. Location relative to all potentially impacted natural marine resources.
b. Structural specifications.
C. Description of all impacted natural marine resources, including their location and
physical characteristics.
d. The location of multi -slip dock or marina facilities shall be located so as to prevent or
minimize dredging and shall not disturb seagrass beds or adjacent wetlands.
e. Availability and location of sewage pump -out facilities.
E Hurricane contingency plans.
g. Mitigation techniques proposed to compensate for any potential environmental
disruption.
2. New marinas shall not be allowed in or immediately adjacent to the following sensitive areas:
• Aquatic Preserves;
• Marina Sanctuaries;
• Estuarine Sanctuaries; and
• Areas of essential manatee habitat, as determined by DEP.
3. Marinas must have sufficient upland area for all non -water -dependent uses. Dredging and
filling of wetlands or open water in order to accommodate uses that are not water -dependent
shall not be allowed. Exceptions may be granted in cases shown to be overwhelmingly in the
public interest, such as the presence of sensitive upland systems.
/001� 4. Cumulative effects of several marinas and/or boat ramps in one area shall be considered in the
review of proposed marina projects.
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5. All new and expanded marinas shall provide a demonstration of compliance with State Water
Quality Standards by maintaining a water quality monitoring program approved by the Florida
Department of Environmental Protection (DEP).
6. Grassbeds and other submerged habitat deemed valuable by DEP will be subject to protection
regardless of their size. DEP frequently imposes their jurisdiction based on size and connection
to other wetlands, so this may be contradictory.
7. In reviewing applications for new or expanded docking facilities, ways to improve, mitigate, or
reverse adverse environmental impacts caused by previous activities shall be explored. This
may include shallowing dredged areas, restoring wetland or submerged vegetation, or marking
navigational channels. Such mitigation or restoration may be a condition of approval of new,
renewed, or expanded facilities.
8. Immediate access (ingress and egress) points shall be delineated by channel markers, indicating
speed limits, manatee area warnings, and any other applicable regulations.
9. All new or expanded marinas must provide treatment of stormwater run-off from upland areas
to the extent necessary to ensure that state water quality standards are met at the point of
discharge to waters of the state. In addition, all requirements of the water management district
and DEP shall be met.
10. Boat maintenance activities in new or expanded marina facilities shall be located as far as
possible from open water bodies in order to reduce contamination of water bodies by toxic
substances common to boat maintenance. Run-off from boat maintenance must be collected
and treated prior to discharge.
11. Open wet slips will be preferred to covered wet slips in marina design to reduce shading of
water bodies which result in lowered biological productivity.
12. Marina design shall incorporate natural wetland vegetative buffers whenever possible near
docking area and in access areas for erosion and sedimentation control, run-off purification and
habitat purposes.
13. The West Indian manatee shall be afforded protection from boating activities that may have an
adverse impact upon the species. The following criteria apply in the implementation of this
policy:
a. Marina operators shall undertake the following manatee protection measures in areas
where manatees are known to occur:
(1) Implement and maintain a manatee public awareness program which will
include posting signs to advise boat users that manatees are an endangered
specie which frequents the waters of the region's estuaries and lagoon;
(2) Declare the waters in and around marinas as "idle speed" zones; and
(3) Post phone number(s) to report an injured manatee.
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b. Local manatee protection plans shall be included as part of the Coastal Management
and Conservation elements of the comprehensive plan. The plan should:
(1) Assess the occurrence of manatee activity within the jurisdiction;
(2) Document the number of manatee accidents and deaths;
(3) Identify manatee habitats;
(4) Determine the potential for adverse impacts to the manatee population from
various activities and identify the level of protection necessary to ensure least
possible interference; and
(5) Recommend local mitigative actions to be undertaken in support of the regional
policy.
14. In addition to the above listed criteria, accessory docks and unwalled boat shelters, davits, lifts
and pilings shall be permitted and erected in accordance with the following regulations.
a. All docks, piers or wharves and associated pilings, and all davits or lifts whether
associated with a dock or erected separately, shall require a building permit from the
Building Department and other applicable permit(s), as required, through the State of
Florida and/or Federal regulatory agencies, including the U.S. Army Corps of Engineers
and/or any other agency having appropriate jurisdiction.
b. All docks, pilings, or wharves, as permitted, shall be located in a manner that does not
interfere with the riparian rights of adjacent properties.
C. All docks, piers, wharves, davits and lifts, as permitted, shall be located to meet the
following requirements:
(1) Local canals and lakes - Said structure is located within the center one-third
(1/3) of the waterfront footage of the property and shall not extend further than
twenty (20) feet or one-third (1/3) of the width of the waterway, whichever is
the lesser distance.
(2) Indian River Lagoon & Sebastian River - As permitted by applicable State and
Federal regulations.
d. All off -shore pilings shall not project further above the surface of the water than is
reasonably necessary for their use and be located no further from the rear property line
than:
(1) Local canals and lakes - Twenty (20) feet or one-third (1/3) the width of the
waterway, whichever is the lesser distance.
(2) Indian River Lagoon or Sebastian River - As permitted by applicable State and
Federal regulations.
f e. his section notwithstanding, alternate site plan specifications may be presented to the
Planning and Zoning Commission for review and approval, as deemed necessary by the
applicant.
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G. Estuarine Water Quality. In order to protect the water quality of the Aquatic Preserve, no new point
source pollution shall be permitted to discharge into the lagoon or into ditches or canals flowing into
these lagoon. In addition, in order to reduce non -point source pollutants the City shall require surface
water management plans that comply with the City's adopted drainage level of service standard cited in
Article IX, provisions of Article XII, and shall satisfy all applicable Federal, State, and Regional
standards and policies governing estuarine water quality.
H. Restrictions in Coastal High Hazard Area. The coastal high hazard area includes all area within the
category I evacuation area established in the Treasure Coast Regional Hurricane Evacuation Study. The
City shall enforce land use controls within the coastal high hazard area, especially areas east of Indian
River Drive. Enforcement activities shall include but not limited to enforcing:
1. Exclude Habitable Structures from Locations within the V-zone. No habitable structures
shall be permitted within the V-zone.
2. Prohibit Potential Point Pollutants. Water and sewer treatment plants, industrial holding
ponds and other potential point pollution sources within the coastal high hazard area are
prohibited.
3. Storm and Flood -proofing Standard for Structures. Construction within the coastal high
hazard area shall meet storm and flood -proofing standards exceeding those required for a one
hundred (100) year storm.
4. Manage Density. Residential development and/or redevelopment in the coastal high hazard
shall not exceed existing residential.
5. New Development to Exclude Septic Tanks. No new development or redevelopment within
the coastal high hazard area shall be permitted to use septic tanks.
6. Publicly Funded Infrastructure. Publicly funded infrastructure shall not be built within the
coastal high hazard area unless the facility is for the protection of public health and safety.
I. Restrictions on Development Impacting Class H Water. Class II waters are defined by DEP as
coastal waterbodies which currently do or have potential for supporting shellfish harvesting. That
portion of the Indian River within the City corporate limits has been classified by the Florida
Department of Protection, Southeast Subdistrict, as a Class II waterbody. The following development
restrictions shall be imposed:
1. Limitation on Dredging. Dredging activities shall be limited to approved maintenance
dredging and shall minimize adverse impacts on shellfish propagation or harvesting.
2. Intergovernmental Coordination. Development petitions potentially impacting Class II
Waters shall be coordinated with the DEP and the SJRWi*ViD in order to ensure that storm water
run-off and all discharge processes are compliant with the laws enforced by agencies having
jurisdiction. The City shall notify the appropriate agency with the jurisdiction as potential
issues or problems are identified by the City.
3. Restriction on Use. Use of Class II water shall be restricted to water dependent activities that
are not contrary to the public interest and satisfy a community need.
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4. Restrictions on Modification of Grassbeds. Modification of grassbeds shall be restricted to
/Ookl� only those cases involving overriding public interest. Where modification of grass beds is
permitted the City shall not approve a site plan unless the applicant for development has
demonstrated compliance with the following:
a. A determination of overriding public interest has been demonstrated prior to
modification of grassbeds.
b. Project run-off and nutrient introduction shall be controlled to prevent an increase in
water turbidity.
C. Projects damaging grassbeds during construction shall incorporate mitigative
techniques which re-establish benthonic conditions favorable to natural regeneration.
d. The City shall coordinate closely with State and federal agencies during the permitting
processes to ensure that the intent of these policies is carried out.
J. Estuarine Shoreline Access. The City has adopted the State standard for shoreline access to the Indian
River Lagoon and Sebastian River. The City shall preserve existing access points and shall strive to add
additional access points in order to achieve access points at approximately one-half mile intervals along
the estuarine shoreline.
K. Multi -Agency Review of Coastal Management Issues. As part of the staff analysis and evaluation of
site plans involving land adjacent to the Indian River Lagoon as well as major site plans impacting the
St. Sebastian River, the Planning and Growth Management Director shall coordinate with
f� representatives of County, State and Federal agencies having jurisdiction over coastal issues, including
as may be applicable the: U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, State
Department of Environmental Protection (DEP), the St. Johns River Water Management District
(SJRWMD), the Treasure Coast Regional Planning Council, Indian River County, and other Federal,
State, and regional agencies as may be appropriate in managing the following activities:
1. The City shall coordinate all development and resource conservation measures impacting the
waters of the State and the Sebastian River with the above cited agencies. These activities shall
include, but not be limited to, review of proposed development potentially impacting natural
resources, including development petitions for docks, shoreline stabilization, dredging, or other
alteration of natural resources under Federal or State jurisdiction.
2. The City shall coordinate with technical staff within DEP and SJRWMD in order to ensure
implementation of sound principles and practices of coastal resource management during
review of major site plans as well as in the formulation of policies impacting coastal resource
management.
The City shall coordinate with the SJRWMD, the DEP, as well as other appropriate State
agencies in matters surrounding stormwater management, drainage, water quality and quantity,
and consumptive use permitting.
4. The City shall ensure that all issues surrounding development impacts on wetlands or other
resources under federal and/or state jurisdiction are managed based on timely coordination,
exchange of information, and appropriate follow-up by the City and all agencies having
jurisdiction over the issue. The City shall request jurisdictional determinations from all
appropriate agencies prior to the issuance of development orders or building permits for all sites
within the City.
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5. The City shall coordinate with Indian River County on issues surrounding hurricane evacuation,
stormwater management on County roadways, public access, and other coastal issues of mutual
concern.
L. Regulating Impacts of Development on Waterbodies. Site plans adjacent to estuarine waters shall
comply with the following performance criteria:
Surface water management systems shall be consistent with the City's adopted drainage level of
service cited in Article IX: Concurrency Management and applicable Federal, State, and
regional standards.
2. In addition to requirements of Article XII: Stormwater Management, the stormwater
management plan shall indicate the characteristics of the wetland buffer, if required pursuant to
Section 54-3-11.4(C), which requires an upland buffer separating wetland (in this case, the
submerged land) and upland areas and in which development activities may be regulated to
protect the estuary. The upland buffer shall be an area landward of the upland edge of an
estuary and shall provide an undeveloped area that separates developed upland from the
estuarine waters. In this case the purpose of the buffer area is to ensure the continuing function
of the estuary and related wetland communities, to prevent pollutants within surface water
runoff from entering the estuarine waters, and to enhance water quality. The City shall retain
the right to prohibit development within the buffer area. The boundary of an upland buffer area
shall be consistent with best management principles and practices and shall be compliant with
applicable St. Johns River Water Management District or other applicable permitting standards
for upland buffers adjacent to the estuary.
3. A vegetated and functional littoral zone shall be established as part of the surface water
management system of lakes occurring on all property. Prior to construction of the surface
water management system for any phase of a project, the developer shall prepare a design and
management plan for the wetland/littoral zone that will be developed as part of these systems.
The plan should:
a. Include typical cross sections of the surface water management system showing the
average water elevation and the -3 foot contour (i.e., below average elevation), or a
seventy-five (75) foot distance from the wetland buffer, whichever is greater;
b. Specify how vegetation is to be established within this zone, including the extent,
method, type and timing of any planting to be provided; and
C. Provide a description of any management procedures to be followed in order to ensure
the continued viability and health of the upland, wetland transition area and water body.
The upland buffer zone shall consist primarily of native vegetation and shall be
maintained permanently as part of the water management system. A minimum, 10
square feet of vegetated littoral zone per linear foot of lake shoreline shall be
established as part of the surface water management system. The developer's buffer
zone management plan shall include a plan acceptable to the City for the long-term
management/maintenance of stormwater, shoreline stabilization, and estuarine water
quality protection. The burden for perpetual maintenance rests with the property owner.
d. Should it be necessary to establish or replenish shoreline or buffer zone vegetation, the
fOm*� developer should use plants that are highly salt tolerant as part of the aquascape (i.e.
mangroves). Aquatic planting that is necessary shall be illustrated on the required
landscape plan submittal for site plan review.
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Chapter III: Performance Criteria.
Article XI: Environmental Protection
4. Outstanding Florida Waters, Class II, and Class III Waters shall be protected by incorporating
the following provisions into the City's land development regulations:
a. Dredging and filling activities shall be limited to DEP, U.S. Army Corp of Engineers,
and SJRWMD and any other applicable agency approved dredging.
b. Ensure good water quality by coordinating with the U.S. Fish and Wildlife Services,
DEP, and the SJRWMD in monitoring the quality of stormwater run-off and all dis-
charge processes where these agencies have jurisdiction.
The City shall notify the appropriate agency with jurisdiction as potential issues or
problems are identified by the City. The City's amended land development regulations
shall provide performance criteria designed to ensure that new development provides
effective and adequate storm -water management improvements concurrent with the
impacts of new development. All new development shall comply with drainage level of
service criteria.
C. Prohibit the use of these waters for water dependent activities that are contrary to the
public interest and do not satisfy a community need.
d. Prohibit modification of marine grassbeds unless required by an overriding public
interest, and the activity is approved by Federal, State, and/or regional agencies having
jurisdiction.
e. Where modification of grassbeds is permitted by agencies having jurisdiction, the City
shall ensure that:
(1) A determination of overriding public interest has been demonstrated prior to
modification of grassbeds.
(2) Project run-off and nutrient introduction shall be controlled to prevent an
increase in water turbidity.
(3) Projects damaging grassbeds during construction shall incorporate mitigative
techniques which re-establish benthic conditions favorable to natural
regeneration. Mitigation should only be allowed at a 3 or 4 to 1 ratio as
recommended by the Marine Resources Division of DEP.
(4) Special attention shall be given to stipulations cited in (1) through (3) above
during the development review process. The City shall coordinate closely with
State and Federal agencies during the permitting processes to ensure that the
intent of these policies is carried out.
f. Protect aquatic and wetland wildlife and vegetative species.
M. Exemptions to Coastal Resource Protection Regulations. The following activities shall be exempt
from the coastal resource protection regulations.
I. Minor maintenance or emergency repairs to existing structures or improved areas.
2. Clearing of shoreline vegetation (excluding protected species) to create walking trails having no
structural components, not to exceed four (4) feet in width. The City reserves the power to
restrict the number and design of walking trails.
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Ciry of Sebastian
Chapter III: Performance Criteria.
Article Xi: Environmental Protection
3. Timber catwalks, docks, and trail bridges that are less than four (4) feet wide, provided that no
filling, flooding, dredging, draining, ditching, tiling or excavation is done, except limited filling
and excavating necessary for the installation of pilings.
4. Recreational fishing and temporary blinds.
5. Constructing fences where no fill activity is required.
Notwithstanding, any permitted development shall provide a plan acceptable to the City that ensures
maintenance of water quality and coastal resource integrity in perpetuity.
SECTION 54-3-11.5: WILDLIFE HABITAT PRESERVATION AND PROTECTION OF FLORA AND
FAUNA
Vegetative communities and wildlife habitats (particularly those identified as primary habitat for endangered or
threatened species or species of special concern) which are deemed environmentally significant shall be
protected from adverse impacts associated with development. Table VI-1: "Endangered, Threatened, and
Species of Special Concern by Habitat" is contained within the Comprehensive Plan Conservation Element
Data Inventory and Analysis. This table identifies essential breeding, feeding or habitat sites for endangered or
potentially endangered flora or fauna that shall be protected pursuant to the following regulations.
Applicants for development within any areas identified as refuge, breeding, feeding, or habitat areas of
endangered or threatened species or species of special concern shall prepare a habitat management plan which
shall as a minimum comply with regulation in subsections A, B and C below.
A. Critical Habitat Management Plan Required. Site plans and preliminary plats shall include a
"Critical Habitat Management Plan" prepared by a professional biologist, ecologist, or other related
professional. The plan shall ensure the protection of endangered and threatened flora and fauna as
determined by the State or Federal government. As a minimum standard this plan shall analyze the
following issues:
1. Identify the occurrences of designated species by a qualified ecologist;
2. Land needs to support continued on -site presence of the species;
3. Impacts of proposed development that will disturb the species;
4. Management plans and measures necessary to protect the subject species;
5. Cost to developer to implement the recommended management plan as approved.
B. Criteria for Reviewing Critical Habitat Plan. Development activities that have an- adverse effect
upon a designated species shall require mitigation acceptable to the City or shall not be permitted.
Viable (i.e., capable of living) habitat for endangered or threatened species or species of special concern
occurring on a site shall be identified on the management plans as preservation areas. All development
activities shall be prohibited within these preservation areas with the exception of recreational and
educational uses where such uses shall not adversely affect such species.
The City staff shall review the Critical Habitat Management Plan as well as the federal and/or state
agencies having jurisdiction. The final development plan shall comply with directives of the Federal
and/or State or local agencies having jurisdiction and the most restrictive shall apply.
C. Incentives for Reservation of Conservation Easements. The applicant and the City may negotiate a
development agreement that ensures the preservation of habitats. Where the applicant agrees to
dedicate a conservation easement embracing the identified habitats, the City reserves the right to
provide for a transfer of density or intensity to adjacent lands under common ownership which are
unencumbered by environmentally sensitive ecosystems.
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Chapter III: Performance Criteria
Article XI: Environmental Protection
D. Buy Out Alternative. If the applicant desires to develop a critical habitat, the City, with consent of
agencies having jurisdiction, may allow the applicant to develop the critical habitat only if the applicant
pays a fee in lieu of dedicating a conservation easement to preserve the critical habitat. However, any
payment allowed in lieu of preservation must be sufficient to purchase equally sensitive habitat of
similar or greater size. Such cash payment shall be placed in a special fund for future purchase or debt
retirement from the purchase or mitigation of critical habitat.
SECTION 54-3-11.6: FLOODPLAIN PROTECTION
Development of the floodplain (the A, AE, and VE zone on the FIRML maps) shall meet the floodplain
management requirements in Article XII, Surface Water Management and Article XIII, Flood Protection.
SECTION 54-3-11.7: HAZARDOUS WASTE STORAGE IND DISPOSAL
No hazardous wastes shall be stored or disposed of on wetlands. Similarly, no hazardous wastes shall be stored
or disposed of on upland buffers pursuant to this Article.
SECTION 54-3-11.8: CONSERVATION OF POTABLE WATER SUPPLY
The City shall assist in regulating development for purposes of complying with policies of the St. Johns River
Water Management District directed toward conservation of potable water supply and to achieve a reduction in
the current rates of water consumption. Therefore, development plans shall be required to comply with the
following potable water supply performance criteria:
1. If non -potable alternative sources of irrigation water are available, potable water supplies shall not be
140� used to meet irrigation needs.
fj"°1
2. All new development shall be required to use water -saving plumbing fixtures.
3. In order to reduce demand for irrigation water (which in turn often places greater demand upon potable
water sources), at least fifty (50%) percent of all landscaping material for commercial sites obtained
from off -site sources for use on any site should be native plant material adapted to soil and climatic
conditions existing on the subject site. Further, at least fifty (50%) percent of all trees used in
landscaping shall be drought tolerant native species adapted to soil and climatic conditions existing on -
site in order to lessen water demand.
SECTION 54-3-11.9 IRRIGATION WELLS
Irrigation wells as regulated herein are defined as: Wells constructed for the obtaining of groundwater for the
irrigation of lawns and landscaping, and whose size or capacity are below the thresholds for regulation by state
agencies. For purposes of mitigating potential adverse impacts on land use caused by the construction of
irrigation wells, the City shall require that any irrigation well installed within the City shall first obtain a permit
for the irrigation well from the appropriate permitting agency. All irrigation wells shall be constructed by a
water well contractor licensed under Chapter 17-531, F.A.C., to engage in the business of construction, repair,
or abandonment of wells. Similarly, all irrigation wells shall be constructed in accordance with all applicable
state regulations and good engineering practices, including Section 17-532.500, F.A.C.
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