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HomeMy WebLinkAboutChapter 667: Wetlands ProtectionCodified May 1990 LDR ORDINANCE NO. 5-90 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING CHAPTER 667 , WETLANDS PROTECTION; STATING PURPOSE AND INTENT; PROVIDING DEFINITIONS ; ESTABLISHING GENERAL PROVISIONS ; ESTABLISHING STANDARDS FOR DEVELOPMENT IN AND ADJACENT TO WETLANDS ; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 163, Florida Statutes, requires that local governments adopt or amend and enforce land development regulations that are consistent with and implement their comprehensive plans within one ( 1 ) year after submission of said plan to the State for review; and WHEREAS, regulations for wetland protection are specifically listed as part of the required land development regulations; and WHEREAS , the Comprehensive Plan of the City of Cape Canaveral was adopted by Ordinance No. 12-88 and provides for specific policies to protect wetlands; and WHEREAS, the City of Cape Canaveral has found the Ordinance to be in compliance and is consistent with the goals and objectives of its Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: Chapter 667: Wetlands Protection Section 667 . 01 . Purposes and Intent. It is the purpose and intent of this Chapter to protect, preserve , and enhance , where feasible, the natural functions of wetlands within the city of Cape Canaveral . It is also the intent of this Chapter to apply the following standards for development in and adjacent to wetlands. [Ord. No. 5-90, §1, 25 Jan 90] Section 667 . 03. Definitions For the purposes of this Chapter, the following definitions shall apply: Best Management Practices means those practices as developed by the U. S . Department of Agriculture, Florida Department of Agriculture, or other appropriate agencies. ORDINANCE NO. 5-90 PAGE 1 OF 5 Forestry means the science, application, and practice of controlling the establishment, composition, and growth of forests through sound management techniques, based upon the management objectives of the owner. Wetland Function means that characteristic of a wetland determined by its ability to provide a diversity of habitat and food sources for aquatic and wetland-dependent species, for threatened and endangered species, and for species of special concern; to provide flood storage capacity; to provide for the protection of downstream and off-shore water resources from siltation and pollution; or to provide for the stabilization of the water table . Isolated Wetlands means wetlands which are not hydrologically connected to a surface water body and which may only be inundated on a seasonal basis . Included would be perched wetlands, among others. Mitigation means actions taken to offset the adverse effects of the loss of wetlands. Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of hazardous materials ( including the abandonment or discarding of barrels, containers, or other receptacles containing hazardous materials ) into the environment, in such a manner as to endanger the public health, safety, or welfare, or the environment, or in violation of any federal , state, or local law ( including rules or regulations ) . Waters-Edge Wetlands means wetlands which have a surface water connection to a surface water body. Any canal , ditch, swale, channel, culvert, pipe, stream, river, slough, or other water body will be considered a surface water connection. It is not essential that the water flow be uniform or uninterrupted. Water from natural springs will be classified as surface water if it emanates from the spring onto the earth ' s surface . Wetland Boundary means the boundary or a wetland as determined by the criteria contained in the "Management and Storage of Surface Waters Handbook" of the St. Johns River Water Management District. Wetlands means hydrologically sensitive areas identified by being inundated or saturated by surface or ground water with a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. [Ord. No. 5-90, §1, 25 Jan 90] Section 667 . 05 General Provisions . pie- ollowing regulations shall apply to development requiring a site plan or a subdivision plat in or adjacent to wetlands : A. Wetlands which require a St. Johns River Water Management District permit are exempt from Provisions 2 , 3, 4 and 5 of this Section. B. During the review of development plans, the Building Official , the City Engineer, or other City agents shall use the National Wetlands inventory maps, ORDINANCE NO. 5-90 PAGE 2 OF 5 the Brevard County Soil Survey, aerial photography, applicant-provided information, or other applicable data to determine the existence of wetlands on or adjacent to the site . C. If these materials indicate that wetlands may exist on or adjacent to the property, a site inspection will be performed by the City Engineer or a qualified subcontractor to determine if wetlands are present, and if so, the wetlands boundaries . D. Based on this assessment, the City Engineer shall make recommendations for development within or adjacent to the wetlands, and for required mitigation, if any, consistent with the provisions of this Ordinance. E. The Building Official , City Engineer, or other City agents shall conduct a site visit with the developer or developer' s representative and locate the wetlands boundaries, or will provide the developer with a photocopy of an aerial photograph or map of the area with the wetlands boundaries clearly marked, whichever is available . The City will not provide a survey of the wetlands boundaries. [Ord. No. 5-90, §1 25 Jan 90] Section 667 . 07 Permitted Uses. A. The following uses shall be permitted provided that they do not adversely affect the functions of wetlands within the City: 1. Agricultural and forestry operations utilizing Best Management Practices 2. Recreation 3. Fish and wildlife management 4. Open Space . B. As an alternative to filling, isolated wetlands may be utilized within the surface water management system of a project as approved by the City. C. Maximum residential density within all water' s edge wetlands and isolated wetlands larger than one acre shall be one dwelling unit per two and one-half acres. D. All subdivision plats and multi-family residential plans shall be reviewed by the Building Official or the City Engineer to determine utilization or protection of wetlands during plat or site plan review. E. Any allowed filling of wetlands shall be limited to: the structural building area requirements, the 100-year flood elevation requirement for first floor elevations, and a single primary access to the on-site structures . The amount of fill and the extent of the filled area shall be the minimum required to accomplish these purposes . [Ord. No. 5-90, §1, 25 Jan 90] Section 667 . 09 Prohibited Uses. A. All other development, except as provided above, shall be prohibited in wetlands unless : ORDINANCE NO. 5-90 PAGE 3 OF 5 1. Access to the water is required through water' s edge wetlands; or 2. The activity has no feasible alternative location; or 3. The activity does not impair the function of the wetland; or 4. The activity enhances the function of the wetland. B. Commercial and industrial uses shall not be permitted in wetlands . C. Disposal of solid or liquid wastes, and applying or storing pesticides and herbicides shall be prohibited in any wetland. E. Public facilities shall not be located within wetlands unless the following conditions apply: 1. The facilities are water-dependent, such as mosquito control facilities; or 2. The facilities are water-related, such as boat ramps, docks, or surface water management facilities; or 3. The facilities are not adversely affected by periodic flooding or standing water; or 4. The building structures are flood proofed and located above the 100-year flood elevation, or removed from the floodplain by appropriately constructed dikes or levees; or 5. The facilities are found to be in the public interest, and there is not feasible alternative location. [Ord. No. 5-90, §1, 25 Jan 90] Section 667 . 11 Mitigation. Any development in wetlands shall provide for the replacement of lost wetlands caused by the project. Mitigation shall occur at a ratio of 2 units of replacement wetlands for each 1 unit, or fraction thereof, of lost wetlands ( a 2 : 1 ratio ) . Mitigation should generally be in-kind and on-site; however, alternative wetland community types and mitigation sites may, at the sole option of the City, be considered in lieu of in-kind and on-site mitigation if the latter is not a practical option. If mitigation in this manner is not feasible, then such practices as land-banking and wetland enhancement may be considered. All such proposed mitigation shall be reviewed and approved by the City Engineer prior to the issuance of a development order for the project. The approved mitigation plan shall become a part of the approved site plan or subdivision plat. Mitigation methods, as delineated in the "Management and Storage of Surface Waters Handbook" of the St. Johns River Water Management District shall be used, as appropriate . [Ord. No. 5-90, §1, 25 Jan 90] SECTION 2 . All ordinances or part of ordinances in conflict herewith are hereby repealed. ORDINANCE NO. 5-90 PAGE 4 OF 5 SECTION 3. If any section, paragraph, phrase or word of this Ordinance for any reason is held to be unconstitutional or invalid, such holding shall not effect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 4 . This Ordinance shall take effect immediately upon adoption. ADOPTED by the City Council of the City of Cape Canaveral , Florida, this 25th day of January , 1990 . [Mayor's signature] Mayor Attest: [City Clerk's signature] City Clerk NAME YES NO Arabian YES Approved As to Form: PORTER YES [City Attorney's signature] RANDELS ABSENT City Attorney SALAMONE YES THURM YES First treading 1-11-90 Posted: 1-12-90 Advertised: 1-15-90 Second Reading: 1-25-90 ORDINANCE NO. 5-90 PAGE 5 OF 5