The purpose of this article is to protect a development site from harmful impacts resulting from development. A developer should apply the provisions of this article to a proposed development site before any other development design work is done. Application of the provisions of this article will identify those areas of a proposed development site that may be developed and areas that must generally be left free of development activity. The proposed development must be designed to fit within the areas that may be developed.

(LDR, § 6000; Ord. No. 2012-01, § 6000, 5-22-2012)

(a)

All development and development plans shall comply with applicable provisions of the County Comprehensive Plan, Federal, State and water management district regulations and permitting requirements. All development for which permits required by Federal, State and the Southwest Florida Water Management District regulations concerning wetland protection have been issued and which is in compliance with such permits and permit conditions, is presumed to be in compliance with the requirements of these LDRs.

(b)

The County shall not issue any approvals for development unless it is demonstrated by the developer to the County's satisfaction that such development will be, or is, in full compliance with the County Comprehensive Plan and all State, Federal and Southwest Florida Water Management District regulations and requirements concerning wetland protection.

(LDR, § 6101; Ord. No. 2012-01, § 6101, 5-22-2012)

The following uses and activities are presumed to have an insignificant adverse effect on wetlands unless there is substantial evidence to the contrary:

(1)

Scenic, historic, wildlife or scientific preserves.

(2)

Minor maintenance or emergency repair to existing structures or improved areas.

(3)

Timber catwalks and docks four feet or less in width, elevated to not affect vegetation.

(4)

Commercial or recreational fishing, hunting or trapping, and creation and maintenance of temporary blinds.

(LDR, § 6102; Ord. No. 2012-01, § 6102, 5-22-2012)

All development adjacent to a wetland area shall be designed, constructed, and maintained to avoid significant adverse effects on wetlands and be set back as required by the County Comprehensive Plan and State, Federal, or Southwest Florida Water Management District regulations.

(LDR, § 6103; Ord. No. 2012-01, § 6103, 5-22-2012)

Reasonable protective measures necessary to prevent significant adverse effects to wetlands may be required including, but not limited to:

(1)

Maintaining natural drainage patterns.

(2)

Limiting the removal of vegetation to the minimum necessary to carry out the development activity.

(3)

Expeditiously replanting denuded areas.

(4)

Stabilizing banks and other unvegetated areas by siltation and erosion control measures.

(5)

Minimizing the amount of fill used in the development activity.

(6)

Disposing of dredged spoil at specified locations in a manner causing minimal environmental damage.

(7)

Constructing channels at the minimum depth and width necessary to achieve their intended purposes, and designing them to prevent slumping and erosion and allow revegetation of banks.

(8)

Dredging wetlands at times of minimum biological activity to avoid periods of fish migration and spawning.

(9)

Designing, locating, constructing, and maintaining all development in a manner that minimizes environmental damage.

(10)

Using legal mechanisms to require the developer and successors to protect the wetlands and environmentally sensitive areas and maintain the development in compliance with the protective measures.

(LDR, § 6104; Ord. No. 2012-01, § 6104, 5-22-2012)

The purpose of groundwater and surface water protection is to safeguard the health, safety and welfare of the citizens of the County. This is accomplished through ensuring the protection of the principle source of water for domestic, agricultural, and industrial use. The availability of adequate and dependable supplies of good quality water is of primary importance to the future of the County. Therefore it is the intent of this division to ensure that development in and adjacent to groundwater and surface water supply sources does not adversely impact the quality or quantity of those sources.

(LDR, § 6201; Ord. No. 2012-01, § 6201, 5-22-2012)

(a)

No development shall take place which adversely impacts the quality or quantity of groundwater or surface water supply sources unless it is in compliance with the County Comprehensive Plan and a permit or other authorization regulating such impacts on ground or surface waters for such development has been issued by State or Federal regulatory agencies or the Southwest Florida Water Management District. All development for which permits required by Federal, State and the Southwest Florida Water Management District regulations concerning groundwater and surface water protection have been issued and which is in compliance with such permits and permit conditions, is presumed to be in compliance with the requirements of these LDRs.

(b)

The County shall not issue any approvals for development which impacts groundwaters or surface waters unless it is demonstrated by the developer to the County's satisfaction that such development will be, or is, in compliance with the County Comprehensive Plan and all State, Federal and Southwest Florida Water Management District regulations and requirements concerning groundwater and surface water protection.

(LDR, § 6202; Ord. No. 2012-01, § 6202, 5-22-2012)

It is the purpose of this division to assure that development provides required levels of protection of the habitats of species, both flora and fauna, of endangered, threatened, or special concern status in the County.

(LDR, § 6301; Ord. No. 2012-01, § 6301, 5-22-2012)

(a)

When required. If required by the County Comprehensive Plan, or State or Federal regulatory agencies, a Habitat Management Plan shall be prepared and submitted to the County as a prerequisite to the approval of any proposed development.

(b)

Contents. Unless otherwise required by the County Comprehensive Plan, or State or Federal regulatory agencies, the Habitat Management Plan shall document the presence of threatened, endangered or special concern species, the land needs of the species that may be met on the development site, and shall recommend appropriate habitat management plans and other measures to protect the subject species.

(c)

Conformity with improvement plan. The improvement plan approved for a development shall substantially conform to the recommendations in the Habitat Management Plan.

(d)

Fee in lieu. As an alternative to preservation of land on a development site for threatened, endangered or special concern species, the County may establish a fee in lieu of land program, whereby the County can use such "fees in lieu" to purchase land which will provide a habitat which the County deems serves the public purpose of preserving or protecting such species.

(LDR, § 6302; Ord. No. 2012-01, § 6302, 5-22-2012)