This article shall be generally known as the resource protection regulations of the town land development code.

(Ord. No. 5-92, § 7.2, 8-25-92)

The purpose of this article is to establish those resources or areas of a development site that must be protected from the harmful effects of development. A developer shall 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 divide a proposed development site into areas that may be developed and areas that must generally be left free of development activity. The proposed development should then be designed to fit within the areas that may be developed.

(Ord. No. 5-92, § 7.3, 8-25-92)

(a)

In addition to meeting the following protection of environmentally sensitive lands requirements, development plans shall comply with applicable federal, state and water management district regulations relating to environmentally sensitive lands. In all cases the strictest of the applicable standards shall apply.

(b)

The conservation element of the town comprehensive plan as from time to time amended shall be used as a reference source to guide decisions regarding future development.

(c)

Each lot of a proposed subdivision must include a site suitable for constructing a structure in conformity with the standards of these protection of environmentally sensitive lands regulations.

(Ord. No. 5-92, § 7.4, 8-25-92; Ord. No. 05-04, § 1(Att. A), 4-13-04)

(a)

Wetlands protection zone.

(1)

There is hereby created a wetlands protection zone in which special restrictions on development apply and protective measures may be required through a development order.

(2)

The boundaries of this zone shall be the most landward extent of the following:

a.

Areas within the dredge and fill jurisdiction of the state department of environmental protection as authorized by F.S. ch. 403.

b.

Areas within the jurisdiction of the U.S. Army Corps of Engineers as authorized by Section 404 of the Clean Water Act or Section 10 of the River and Harbor Act.

c.

Areas within the jurisdiction of the Southwest Florida Water Management District pursuant to F.A.C. 40D-4 and 40D-40.

d.

Areas not regulated by those laws specified in subsections 34-534(a)(2)a, b, or c above, but those wetlands identified onsite and flagged by a certified wetlands delineator.

(b)

Shoreline protection zone.

(1)

There is hereby created the shoreline protection zone in which special restrictions on development apply and protective measures may be required through a development order.

(2)

The shoreline protection zone extends from the mean high water line landward to a point 30 feet landward of the water's edge.

(c)

Determination of boundaries.

(1)

Boundaries shall be generally depicted by a map or map series in the town comprehensive plan that depicts the Withlacoochee River shoreline, Harrison Branch, sinkholes, wetlands and ponds or lakes.

(2)

A developer shall obtain a determination of the boundaries of a protected environmentally sensitive zone by submitting to the building official an adequate description of the land the developer wishes to develop, the nature of the developer's right to ownership or control of the land, and other information needed to make the determination including a survey of the property by a licensed surveyor, drawn to scale, that delineates the protected environmentally sensitive zone as defined by subsection 34-534(a)(2).

a.

Two copies of the survey shall be drawn at a scale no smaller than one inch equals 100 feet, showing the landward extent of the average annual high water mark, and hydric soils. The developer shall deliver such a survey to the town building official who shall make a final determination within ten working days of receiving a survey as to if the survey is of a sufficient quality. If the survey does not contain sufficient information for the town building official to verify the determination of the zones, he shall return the survey with a written finding as such, via the town clerk, to the developer. The developer may make such corrections as specified by the town building official and resubmit the survey for the building official's approval.

b.

Once the town building official has approved the developer's survey of the location of the boundary or boundaries of protected environmentally sensitive zone(s) the developer's engineer shall certify the boundary demarcation. The developer shall keep one copy that should be submitted with any development application, and the other copy shall be retained by the town clerk at the town hall.

c.

The certified and approved determination of the boundary of protected environmentally sensitive zones shall be valid for a period not to exceed five years from the developer's engineer's certification of the boundary, or until the maps in the town's comprehensive plan that depict wetlands, 100-year floodplain, sinkholes, natural drainage features, and ponds and lakes are revised, whichever occurs first.

(Ord. No. 5-92, § 7.5, 8-25-92; Ord. No. 5-93, § 1, 4-13-93; Ord. No. 05-04, § 1(Att. A), 4-13-04)

Except as expressly provided herein, no development activity shall be undertaken in a protected environmentally sensitive zone.

(1)

Acreage for density calculations. The acreage within a protected environmentally sensitive zone may not be used to determine the total allowable units or square footage of development that will be allowed on a site containing all or part of such a zone. The total acreage less the protected environmentally sensitive zone shall be the net acreage value used to calculate a net density for development.

(2)

Remedies to damage of a protected environmentally sensitive zone. The developer shall completely restore any portion of a protected environmentally sensitive zone damaged during construction. Complete restoration means that the damaged area shall, within one year, be functioning and operating as effectively as the natural system did prior to being damaged. The building official or other administrative designee appointed by the town commission shall inspect the restored area to certify restoration is completed in an effective manner.

(3)

Development within 100-year floodplain. Development within the 100-year flood hazard zone, as designated in the conservation element, shall comply with the regulations set forth in the town flood damage prevention regulations (article VII of this chapter).

(4)

Protective measures. Reasonable protective measures necessary to prevent significant adverse effects on a protected environmentally sensitive zones or relating to special water dependent activities shall be required for development approval. The factual basis of the decision to require the measure(s) shall be stated as a finding in the written record, and necessary protective measures shall be stated conditions in preliminary and final development orders. Protective measures include, but are not limited to:

a.

Maintaining natural drainage patterns.

b.

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

c.

Expeditiously replanting denuded areas.

d.

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

e.

Minimizing the amount of fill used in the development activity.

f.

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

g.

Prohibiting construction of channels.

h.

Prohibition of the dredging and filling of wetlands.

i.

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

j.

[Reserved.]

k.

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

l.

Aesthetic and view scape protection measures as deemed appropriate by the planning commission or the town commission.

(5)

Exceptions. Certain activities are presumed to have an insignificant adverse affect on the beneficial functions of protected environmentally sensitive zones. Notwithstanding the prohibition in section 34-535, 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 zone.

a.

The following uses and activities are presumed to have an insignificant adverse effect on wetlands protection zones:

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.

4.

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

5.

Constructing fences where no fill activity is required and where navigational access will not be impaired by construction of the fence.

6.

Developing an area that no longer functions as a wetland, except a former wetland that has been filled, drained or altered in violation of any rule, regulation, statute, or this chapter, or any federal or state law. 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 town planning commission 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 chapter.

7.

Developing a wetlands stormwater discharge facility or treatment wetland in accordance with state permits received under F.A.C. 40D-4, 40D-40, 62-25, and all other applicable county, state and federal regulations.

8.

Maintaining existing channels (i.e., channels in existence at the time of adoption of this chapter) 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.

b.

The following uses and activities are presumed to have an insignificant adverse effect on shoreline protection zones:

1.

Scenic, historic, wildlife, or scientific preserves.

2.

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

3.

For each lot with shoreline, clearing of shoreline vegetation waterward of the water's edge, so as to provide a corridor not to exceed 15 feet in width, of sufficient length from the shore to allow access for a boat or swimmer to reach open water, and landward of the water's edge so as to provide an open area not to exceed 25 feet in width.

4.

Timber catwalks, docks, and trail bridges that are less than or equal to four feet wide, provided that no filling, flooding, dredging, draining, ditching, tiling or excavating is necessary for the installation of pilings.

5.

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

6.

Constructing fences where no fill activity is required and where navigational access will not be impaired, nor will access to water or vegetation be impaired for wildlife by construction of the fence.

7.

Developing a wetlands stormwater discharge facility or treatment wetland in accordance with state permits received under F.A.C. 40D-4, 40D-40, 62-25, and all other applicable county, state and federal regulations.

8.

Maintaining existing channels (i.e., channels in existence at the time of adoption of this chapter) 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.

(Ord. No. 5-92, § 7.6, 8-25-92; Ord. No. 05-04, § 1(Att. A), 4-13-04)

(a)

Examples. Special water dependent activities include, but are not limited to, the following uses:

(1)

Construction of docks or marinas.

(2)

Installation of new riprap or similar structures that protect the shoreline from erosion (not including seawalls, bulkheads, or the like).

(3)

Installation of buoys, aids to navigation, and signs.

(4)

Installation of subaqueous transmission and distribution lines for water, wastewater, electricity, communication cables, oil or gas.

(5)

Restoration or repair of foot bridges and vehicular bridges.

(b)

Minimization of impacts. The water dependent activity shall be designed, constructed, maintained and undertaken in a way that minimizes the adverse impacts on the beneficial functions of the affected protected environmentally sensitive zone.

(c)

Designed water dependent activities. Designed water dependent activities that in nonresidential use districts are otherwise prohibited may be allowed if the developer shows:

(1)

The public benefits of the activity substantially outweigh the adverse environmental effects on a wetland area; and

(2)

No practicable alternative to placement in the protected environmentally sensitive zone exists.

(d)

Design standards.

(1)

Special uses allowed in a shoreline protection zone. The development shall be designed to:

a.

Allow the movement of aquatic life requiring shallow water;

b.

Maintain existing flood channel capacity;

c.

Ensure stable shoreline embankments.

(2)

Residential development.

a.

Construction of docks shall be compliant with the standards of all permitting authorities. In addition dockage shall not extend into the waterway more than 15 feet from the shoreline point closest to the dock at the mean high waterline to the point on the dock which extends furthest into the waterway measured perpendicular to the shoreline, or 25 percent of the width of the waterway, whichever is less. Docks shall not be larger than 500 square feet and shall be constructed within the limits of the side yard setback lines and shall not exceed 50 percent of the shoreline.

b.

Installation of new riprap or similar structures that protect the shoreline from erosion (not including seawalls, bulkheads, or the like) along the shoreline and to stabilize vegetation. The structures shall be located at or within ten feet of mean high water, with no greater than a 2:1 slope, and shall be placed in a manner which will preserve existing trees and shrubs.

(3)

Commercial and multifamily development.

a.

Construction of commercial and multifamily docks shall not extend into the waterway more than 15 feet from the shoreline point closest to the dock at the mean high waterline to the point on the dock which extends furthest into the waterway measured perpendicular to the shoreline, or 25 percent of the width of the waterway, whichever is less. Docks shall be constructed within the limits of the side yard setback lines not to exceed 50 percent of the shoreline and shall be consistent with the standards required by the appropriate permitting authority.

b.

Installation of new riprap or similar structures that protect the shoreline from erosion (not including seawalls, bulkheads, or the like) along the shoreline and to stabilize vegetation. The structures shall be located at or within ten feet of mean high water, with no greater than a 2:1 slope, and shall be placed in a manner which will preserve existing trees and shrubs.

c.

Multifamily developments or condominiums shall be limited to one dock, unless approved and developed as a marina.

(e)

Development standards for special water dependent uses. In addition to the standards listed in subsection 34-535(4), the following standards apply to special uses allowed in the protected environmentally sensitive zones:

(1)

Development that encroaches on the shoreline protection zone shall not be located:

a.

On unstable shorelines where water depths are inadequate to eliminate or minimize the need for offshore or foreshore channel construction dredging, maintenance dredging, spoil disposal, filling, beach feeding, and other river, lake, and channel maintenance activities.

b.

In areas where there is inadequate water mixing and flushing;

(2)

Access roads, parking lots, and similar structures shall be located on upland sites.

(3)

Nondevelopment portions of the shoreline protection zone that are damaged during construction shall be restored or replaced through replanting of vegetation, restocking of fish, shellfish, reestablishment of drainage patterns, and the like. The restored area's function shall match its prior natural ecological function.

(4)

Accessory uses shall be limited to those which are water-dependent or necessary for operation of the development. Accessory uses will be consistent in scale and intensity with the surrounding uses. Fill shall not be placed in waters or associated wetlands to create usable land space for accessory uses.

(f)

Marina standards. The following standards apply to marinas and other appropriate activities taking place within any environmentally sensitive zone or associated with water dependent activities:

(1)

Marinas and other appropriate developments shall post the following signs where they are readily visible to all users of the development:

a.

Regulations pertaining to handling and disposal of waste, sewage or toxic materials.

b.

Regulations prohibiting the use of vessel toilets while moored unless these toilets are self-contained or have an approved treatment device.

c.

Regulations prohibiting the disposal of fish or shellfish cleaning wastes, scrap-fish, viscera, or unused bait in or near the development.

d.

Appropriate messages relating to local ecological concerns, e.g., manatee protection.

(2)

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 bilage, contained on vessels and vehicles. The facilities shall be conveniently available to all vessels and vehicles.

(3)

If no natural vegetation exists, strips of buffer vegetation shall be planted between development activities and the shoreline protection zone. Buffers shall be a minimum of ten feet wide and shall be composed of native plant species or vegetation compatible to that location.

(4)

[Reserved.]

(5)

Marinas shall have adequate restroom facilities in compliance with local health board regulations.

(6)

Garbage receptacles shall be provided and maintained by the marina operator at several locations convenient to users.

(Ord. No. 5-92, § 7.7, 8-25-92; Ord. No. 5-93, §§ 2, 3, 4-13-93; Ord. No. 05-04, § 1(Att. A), 4-13-04)

The following standards apply to postdevelopment activities taking place within any environmentally sensitive zone:

(1)

Point source and nonpoint source discharges. Absent an amendment to the development order, point source and nonpoint source discharges shall continue to meet the standards applicable to the original development.

(2)

Clearing. Absent an amendment to the development order, no person shall clear more vegetation than was permitted for the original development.

(3)

Handling and storage of fuel, hazardous and toxic substances and wastes.

a.

Developments where fuel or toxic substances will be stored, transferred, or sold shall employ the best available facilities and procedures for the prevention, containment, recovery, and mitigation of spillage of fuel and toxic substances. Facilities and procedures shall be designed to prevent substances from entering the water or soil and shall employ adequate means for prompt and effective clean-up of spills that do occur.

b.

No toxic or hazardous wastes or substances shall be stored in outdoor containers.

c.

Storage or disposal of all types of waste is prohibited on shorelines.

(4)

Prohibited uses. The long-term storage of equipment or materials and the disposal of wastes shall be prohibited.

(5)

Spray vehicles. Vehicles used for mixing or spraying chemicals are prohibited from withdrawing water from surface waters and groundwaters directly with truck mounted pumps.

(6)

Pump-out, holding, and treatment facilities for wastes from mobile sources. Sewage, solid waste, and petroleum waste generated by vessels or vehicles on the site shall be properly collected and disposed of.

(Ord. No. 5-92, § 7.8, 8-25-92; Ord. No. 05-04, § 1(Att. A), 4-13-04)