Editor's note(s)—Ord. No. 05-02, adopted Feb. 10, 2005, transferred Div. 6, Floodplain Management Standards, from Ch. 30 of this Code to Ch. 6, Art. III, of this Code. See the editor's note to Ch. 6, Art. III, for further details.

The purpose of this division is to provide standards for shoreline construction development activities to protect coastal wetland resources, near-shore waters, and marine resources and preserve these coastal resources. The quality of the village's near-shore waters is critical to the village's economic well-being. The regulation of shoreline development is necessary to minimize negative impacts associated with this development including but not limited to: environmental degradation, water quality, stormwater retention, the maximum well-being of its residents through sound economic development, and interference with navigation.

(Ord. No. 02-21, § 2(7.1.1), 2-21-2002)

All development within the shoreline setback shall be subject to the following standards and design criteria:

1. Principal structures shall be set back from the mean high water line (MHWL) or the landward extent of the mangroves as follows:
   1. Twenty feet from the MHWL along legally altered shorelines including manmade canals, channels, and basins;
   2. Thirty feet from the MHWL or the landward extent of the mangroves, whichever is further landward along open water shorelines not adjacent to manmade canals, channels, or basins which have been legally altered, provided that:
      1. A mangrove fringe of at least ten feet in width occurs across the entire shoreline of the property; or
      2. Where no mangrove fringe exists, principal structures shall be set back at least 30 feet from the MHWL, provided that native vegetation exists or is planted with a Class G bufferyard pursuant to section 30-815 of this chapter across the entire shoreline as approved by the director of planning and development services, and is placed under conservation easement; otherwise the setback shall be 50 feet as measured from the MHWL; or
      3. Where developed lots exist within 200 feet on both sides of an infill lot and principal structures are set back less than 50 feet from the MHWL or the landward extent of the mangroves, whichever is further landward; the director of planning and development services may evaluate the community character, the presence or absence of environmental features, and the setbacks on adjacent developed properties within two parcels on either side of proposed development, and may allow principal structures to be set back as far as practicable or in line with adjacent principal structures. In no event shall the setback be less than 30 feet. On shorelines where the existing pattern of setback is greater than 30 feet from the MHWL, the greater setback shall apply.
   3. Fifty feet from the MHWL or the landward extent of the mangroves, whichever is further landward along unaltered or unlawfully altered shorelines.
2. On those beaches identified and approved by the village or department of environmental protection as turtle nesting areas, no structure, including fences, shall be permitted within 50 feet of the landward toe of the beach berm or 100 feet from the mean high-water line where the berm cannot be determined.
3. Shoreline setback requirements shall not apply to fences, seawalls, retaining walls, riprap, and bulkheads as permitted pursuant to this division and this chapter. These structures may be allowed as principal uses where it is demonstrated that their purpose is for erosion control or upland protection as determined pursuant to this division or article V, division 9 of this chapter (Fences).
4. Accessory uses and structures:
   1. Water-dependent accessory structures and uses may be located within the shoreline setback pursuant to the standards set forth in this division and this chapter. These structures and uses include, but may not be limited to the following: utility pilings, fences, docks, lifts, davits, boat ramps, boat slips, seawalls, riprap, bulkheads, elevated walkways, fish cleaning stations, fish sales, dock master's offices (limited to 150 square feet) and outside dining areas as permitted in article VI, division 9 of this chapter. Open-sided covered boat lifts may be erected only over a cut-in boat slip on manmade canals and may not extend into the adjacent body of water beyond the mouth of the cut-in area, nor extend over any mangroves, submerged seagrasses or hard-bottom communities. The roof and supporting members of a covered boat lift may extend two feet into the shoreline setback around the perimeter of a boat slip. No decks or habitable spaces shall be constructed on the roof of any covered boat lift. The highest portion of the roof of any covered boat lift shall be no more than 12 feet above grade.
   2. Non-water-dependent accessory uses and structures on altered shorelines on canals, basins and channels may include:
      1. Accessory uses and structures provided that in no event shall the total, combined area of all structures occupy more than 60 percent of the upland area of the shoreline setback.
      2. Pools and spas including associated decks, and any screen structures over pools or spas provided that a ten-foot setback from the mean high-water line or landward extent of the mangroves, whichever is further upland, is maintained and a minimum of one canopy tree per 50 feet of rear property line is planted within the setback.
      3. Structures limited to elevated decks, pavers or non-enclosed gazebos limited to 15 feet in height provided that a ten-foot setback from the mean high-water line or landward extent of the mangroves, whichever is further upland, is maintained and a minimum of one canopy tree per 50 feet of rear property line is planted within the setback. 
      4. Structures limited to non-enclosed gazebos and tiki huts not to exceed 15 feet in height on docks parallel to the shoreline shall be permitted within the ten-foot setback from the mean high-water line.
      5. All other accessory structures shall meet the setback requirements for principal development.
   3. Non-water-dependent accessory uses and structures on altered open water shorelines may include:
      1. Accessory structures provided that in no event shall the total, combined area of all structures occupy more than 30 percent of the shoreline setback.
      2. Pools including associated decks provided that a ten-foot setback from the mean high-water line or landward extent of the mangroves, whichever is further upland, is maintained and a minimum ten-foot wide Class B bufferyard is installed running along the rear property line.
      3. Structures limited to elevated decks, pavers or non-enclosed gazebos limited to 15 feet in height provided that a ten-foot setback from the mean high-water line or landward extent of the mangroves, whichever is further upland, is maintained and a minimum ten-foot-wide Class B bufferyard is installed running along the rear property line.
      4. All other accessory structures shall meet the setback requirements for principal development.
   4. Non-water-dependent accessory uses and structures on unaltered shorelines may include:
      1. Accessory uses and structures provided that in no event shall the total, combined area of all structures occupy more than 30 percent of the shoreline setback.
      2. Pools including associated decks provided that a 20-foot setback from the mean high-water line or landward extent of the mangroves, whichever is further upland, is maintained and a minimum ten-foot wide Class B bufferyard is installed running along the rear property line.
      3. Structures limited to elevated decks, pervious pavers or non-enclosed gazebos limited to 15 feet in height provided that a 20-foot setback from the mean high-water line or landward extent of the mangroves, whichever is further upland, is maintained and a minimum ten-foot wide Class B bufferyard is installed running along the rear property line provided.
      4. Where provisions of division 3 of this article (Sea Turtle Nesting Protection), or division 5 of this article (Wetlands) govern, the more restrictive setback shall apply.
      5. All other accessory structures shall meet the setback requirements for principal development.
5. Boat ramps shall be confined to an existing cleared area wherever possible and shall be located and designed so as not to create a nonconformity. Boat ramps other than public ramps shall not exceed 20 feet in width. Boat ramps shall be set back a minimum of five feet from side property lines unless reduced by the director in cases where the strict interpretation would result in adverse environmental impacts.
6. Sand and clean screenings used for landscaping purposes on open water shorelines shall not constitute fill and may be placed within the shoreline setback, providing:
   1. The material maintains a minimum 20 feet from the mean high-water line or the landward extent of mangroves whichever is greater;
   2. The material does not alter the pre-development grade of the parcel more than six inches and maintains the natural slope of the shoreline. Berm material used for retention of the sand shall not exceed 12 inches in height and not be constructed as a permanent structure;
   3. Shall incorporate filter cloth landward on the berm;
   4. The placement of material does not require the removal of native vegetation; and
   5. The shoreline is not a potential or active turtle nesting area.
7. The launching or removal of all motorized watercraft is limited to lawfully existing dock and ramp facilities.
8. Beach restoration may be permitted providing the project receives permits from all federal and state agencies having jurisdiction prior to submission to the village.
9. No development other than pile-supported docks shall be located within 50 feet of the landward toe of the beach berm which is known to serve as an active or potential turtle nesting area. Where a beach berm cannot be determined, a 100-foot setback from the mean high-water line shall be required pursuant to division 3 of this article.
10. No vessel of any kind shall dock at, moor to, or tie up to shoreline vegetation, including mangroves. Nothing, however, shall prohibit vessels or persons in distress from mooring to, tying up to, or beaching onto shoreline vegetation, including mangroves, in an emergency situation as may be declared by the mayor.
11. Accessory structures, as defined in section 30-32, within the shoreline setback shall be constructed at a foundation height not to exceed 18 inches above existing grade. Screen enclosures over pools within the shoreline setback shall not exceed 15 feet in height.

(Ord. No. 02-21, § 2(7.1.2), 2-21-2002; Ord. No. 04-13, § 3(7.1.2), 10-28-2004; Ord. No. 06-02, § 2, 2-23-2006; Ord. No. 09-01, § 10, 1-22-2009; Ord. No. 11-06, § 3, 1-13-2011)

1. The purpose of this section is to allow for reasonable access between the land and water, protect marine and terrestrial natural resources, assure good water quality, provide a consistent community character, protect structures from the effects of longterm sea level rise, protect beaches and shores from erosion, avoid adverse impacts on navigation and provide secure boat storage.
2. All accessory structures developed, used or occupied on shorelines shall be designed, located, constructed and maintained such that:
   1. Stormwater and pollutant runoff is directed away from surface waters pursuant to division 8 of this article; and
   2. Vegetated swales or berms and vegetation shall be used to control runoff. Native vegetation shall not be removed to install swales or berms.
3. All development waterward of the mean high-water line shall require approval by the U.S. Army Corps of Engineers and state department of environmental protection.
4. Fuel pumps and tanks may be permitted at lawfully existing marinas providing:
   1. All applicable federal, state, fire and environmental regulations are met;
   2. Fueling pumps shall be equipped with a spill-proof nozzle or other acceptable device designed for prevention of fuel overflow; and
   3. Tanks are set back from the MHWL a minimum ten feet and provide a sufficient impervious catchment area to retain the full volume of the tank.
5. A benthic survey conducted by an approved biologist shall accompany all applications for new development and expansion of existing development on open water. The director of planning and development services may waive or limit the requirements of the survey if the director determines that there are no significant environmental impacts associated with the proposed development. The survey shall include a site plan and report of the impacted area indicating:
   1. Location of proposed structure;
   2. Existing seagrass communities;
   3. Dominant species;
   4. Percentage of coverage in impacted area and approximate density; and
   5. A description of the substrate character.
6. Structures shall be located in existing cleared areas before encroaching into areas of native vegetation. Native vegetation within and adjacent to the shoreline, including mangrove and upland vegetation, especially on slopes and berms, shall be preserved. Such vegetation contributes to marine productivity and water quality, offers protection from erosion and flooding, and contributes to the natural soil-building process.
7. Removal of any native trees and/or shrubs within the shoreline setback shall:
   1. Be approved by the director prior to removal; and
   2. Be successfully transplanted, if feasible, and if not, replaced with native species within the setback area pursuant to section 30-1615.

(Ord. No. 02-21, § 2(7.1.3), 2-21-2002)

1. Walkways serving nonresidential uses or residential uses of more than three dwelling units shall not exceed eight feet in width.
2. Walkways serving all other uses shall not exceed five feet in width. An opening no more than five feet wide and eight feet above the finished grade of the deck may be established through the mangroves or shoreline vegetation for each 100 feet of shoreline.
3. No more than two walkways are to be permitted for each 100 linear feet of shoreline.
4. All walkways and accessways extending over mangroves or wetlands shall be supported by pilings and shall not exceed four feet in width.
5. All walkways shall be approximately perpendicular to the shoreline, unless otherwise permitted pursuant to a conditional use approval or administrative variance as described in article IV, division 2 of this chapter.

(Ord. No. 02-21, § 2(7.1.4), 2-21-2002)

1. New vertical seawall or bulkhead structures shall not be permitted on open water except pursuant to specific criteria established in F.S. § 373.414(5), as may be amended.
2. New hardening of the shoreline on open water shall only be considered when extreme erosion is evident as provided in subsection (d) of this section, and it can be affirmatively demonstrated that the use of vegetation, including existing undisturbed vegetation on site, will not prevent further erosion. The design of the permitted riprap, bulkhead or seawall system shall include a minimum six-inch retention swale, berm or curb directly landward of the proposed system. Shoreline stabilization shall be reviewed and evaluated based upon criteria established in Administrative Rule 62-312.440 of the Florida Administrative Code ("F.A.C."), except as provided in F.S. §§ 403.813(1) and 373.414(5), and Administrative Rule 62-330, of the F.A.C. as may be amended. Vertical seawalls as defined pursuant to Administrative Rule 62-330, F.A.C., shall not be permitted.
3. Hardening of the shoreline on altered shorelines with bulkheads, seawalls and other vertical structures may be permitted only to stabilize severely eroding shorelines under the criteria set forth in Administrative Rule 62-330.0501 (12), F.A.C. and subsection (e) of this section. Stabilization will only be considered when extreme erosion is evident and it can be affirmatively demonstrated that the use of vegetation, including existing undisturbed vegetation on site, will not prevent further erosion.
4. The following minimum criteria shall be used by the director to assess each application for shoreline hardening on open water in the determination that extreme erosion is evident:
   1. Increasing, destructive loss of native vegetation, which results in a documented accelerated shoreline loss greater than one foot per year, for a period of not less than ten consecutive years, due to wave, wake or stormwater activity (not related to rainwater runoff from the upland portion of the property) where the applicant has provided clear and convincing evidence that properly designed alternatives employing the establishment of native vegetation, gently sloping or tiered shoreline have failed to provide shoreline protection within the shoreline setback and that the erosion is not the result of unlawfully existing structures on adjacent or adjoining properties. Aerial photographs over the ten year period shall be supplied by the applicant, as may be available from the village. The burden of proof shall be the responsibility of the applicant; or
   2. Lawfully existing, permanent structures on the subject property, including legally permitted bulkheads, seawalls and retaining walls, which are demonstrated to face imminent threat of destruction from continued shoreline loss.
5. Hardening may be considered as an allowable shoreline protection methodology on an altered shoreline under the following conditions:
   1. The lot is immediately adjacent to and between existing riprap, bulkheaded or seawalled lots on either side of the subject property, or is located in a private residential canal exhibiting greater than 75 percent existing riprap, bulkheaded or seawalled lots and the lot is less than 150 feet from existing riprap, bulkheaded or seawalled lots on either side of the adjoining shoreline;
   2. The establishment of the riprap, bulkhead or seawall shall not increase the waterward extension of the existing shoreline;
   3. The design and installation of the permitted riprap, bulkheaded or seawalled system shall not cause the erosion of abutting properties to be accelerated by the establishment of the applicant's riprap, bulkhead or seawall. It shall be the responsibility of the property owner who has constructed the riprap, bulkhead or seawall to remediate such accelerated erosion activity on adjoining properties and the applicant shall be required to state such responsibility on the approved plans;
   4. The design of the permitted riprap, bulkheaded or seawalled system shall include revegetation with native shoreline vegetation appropriate to tidal and upland sections of the shoreline as an integral part of the project on open water or natural waterways. The intent of this subsection is to avoid direct stormwater runoff to wetlands and waterways. Such vegetation shall be protected and maintained in accordance with a management plan approved by the director; and
   5. The design of the permitted riprap, bulkheaded or seawalled system shall include a minimum six-inch retention berm or curb installed directly landward of the structure.
6. Riprap shall meet the following design criteria:
   1. Constructed at slope no steeper than two (horizontal) to one (vertical) and the horizontal distance is no more than eight feet;
   2. There are no reinforcing rods or other similar protrusions in concrete rubble; and
   3. All rubble or boulders are free of attached sediments such as concrete, except as may be necessary at the points of contact to secure the boulders. Filling of gaps and crevices with concrete is not permitted.
7. Deteriorated lawfully existing seawalls, bulkheads or riprap on any shoreline may be repaired and/or replaced subject to criteria set forth in this section and chapter subject to the following conditions:
   1. The structure is legally existing or permittable pursuant to this section;
   2. Repairs and/or replacements must maintain the existing footprint to the maximum extent practicable;
   3. Repairs and/or replacement are limited to the extent necessary to maintain the integrity of the upland;
   4. Deteriorated or damaged seawalls and bulkheads shall be repaired using riprap in conjunction with native shoreline vegetation; and
   5. Bulkheads shall be permitted only if riprap with filter cloth in conjunction with native vegetation is not a feasible alternative as determined by the director.
8. In all cases where shoreline hardening is allowed along an open water shoreline, revegetation with native shoreline vegetation appropriate to tidal and upland sections of the shoreline shall be required as an integral part of the development. The revegetation plan shall provide a minimum of 50 percent of the hardened shoreline to be planted with a Class B bufferyard along the length of the shoreline with appropriate salt tolerant vegetation as approved by the Village Biologist. Ground covers or vines may be substituted (up to 70 percent) but must be planted at double the requirement. This requirement is intended to provide scenic buffering along the waterway and to improve and/or maintain the biological functions of the shoreline, protection from storm surges and preservation of the upland transition zone.
9. Any attachments to seawalls or bulkheads, such as davits, cleats, platforms or any other elements that constitute docking facilities, shall not be allowed except as an accessory to a principal use. Seawalls may have a cap of up to two feet in width without being considered a dock.
10. Where feasible, riprap, bulkheads and seawalls should be placed landward of any existing mangroves. Native upland, wetland, and aquatic biotic communities shall be preserved to the maximum extent possible.
11. Where feasible, riprap shall be placed at the base and waterward of solid seawalls and bulkheads to dissipate wave energy and provide substrate for marine organisms.
12. Seawalls, bulkheads, riprap, boulders or other shoreline hardening structures shall not be permitted on or waterward of any portion of a shoreline which is a known or potential nesting area for marine turtles or other species listed as threatened or endangered and indicated on the habitat and protected animal species maps.
13. Within mapped nesting areas, the director may, in cooperation with the state department of environmental protection, determine that specific segments of shorelines have been lawfully altered, including natural erosion, to such a degree that suitable nesting habitat for marine turtles is no longer present. In such cases, the director may recommend reasonable measures to restore the nesting habitat, including but not limited to removal of structures, or allow hardening with riprap and native vegetation. If such measures are not feasible, the setback requirements for sea turtle nesting shall not apply. Restoration of suitable nesting habitat shall be required for unlawfully altered beaches.
14. Shoreline stabilization or beach renourishment projects on open water may be approved only upon a determination by the director that the project has a valid public purpose that furthers the goals, objectives and policies of the comprehensive plan.

(Ord. No. 02-21, § 2(7.1.5), 2-21-2002; Ord. No. 02-29, § 13, 11-21-2002)

1. All boat ramps shall be located and designed so as to not create a nonconforming setback for existing structures from the new mean high water line (MHWL) created by the ramp.
2. All boat ramps shall be confined to shorelines with little or no native vegetation, as determined by the director of planning and development services.
3. The width of boat ramps, including side slopes, shall be limited to 20 feet, except that ramps serving commercial uses, public uses or more than three dwelling units may be 35 feet in width.
4. All above-water ramp, side slope or wall structures shall be located landward of the original mean high water line (MHWL).
5. Construction of a boat ramp shall not involve any filling of surface waters except for the minimum amount needed for the actual boat ramp surface, side slopes, walls or pilings for accessory docks. Walls may not exceed two feet in width.
6. Dredging shall be limited to the minimum amount necessary to construct the boat ramp surface and may not exceed 100 cubic yards. No dredging of submerged grass beds or hard bottom communities shall be permitted.
7. All boat ramps shall be designed and maintained to control stormwater runoff from the upland property.

(Ord. No. 02-21, § 2(7.1.6), 2-21-2002; Ord. No. 09-01, § 10, 1-22-2009)

1. Only T-designs and similar designs perpendicular to the shoreline shall be allowed except where such structures would preclude lawful navigation of the waterway.
2. Docks shall not exceed ten percent of the width of a water body as measured laterally across the water body from the point of mean low water (MLW) of the proposed location of placement to the opposing point of MLW.
3. No dock together with a moored vessel, lift or mooring piles shall obstruct more than 25 percent of the navigable portion of a manmade water body.
4. Only one dock is permitted for each single-family and duplex use. Structures serving commercial uses, public uses, and more than three dwelling units may establish the minimum number of additional docking facilities necessary pursuant to a conditional use approval or administrative variance as required by this division or article V, division 2 of this chapter.
5. All docking facilities must meet at least one of the following conditions:
   1. There shall be at least four feet water depth at MLW at the terminal end of the docking facility, and continuous access to open water; or
   2. A docking facility terminating over submerged lands vegetated with seagrasses shall require minus five (-5) feet MLW depth at the terminal end unless it meets specific exemption criteria established by the state department of environmental protection.
   3. A docking facility that extends across a full ten percent of the width of any body of water may terminate in water less than four feet deep at MLW if this water depth occurs within five horizontal feet of the terminal end of the docking facility such that the centerline of an average vessel will rest in water of adequate depth of four feet at MLW, and continuous access to open water is available.
6. All docks with boat lifts, davits or similar lifting mechanisms shall provide cleats, rings, or similar features that can be used to tie down the vessel when it is out of the water in order to stabilize the vessel during high wind.
7. Any docking facility extending over water no shallower than four feet at MLW may be supported by floats that are secured to piles with rings or cleats.
8. Docking facilities shall not terminate over submerged lands characterized by hard-bottom communities regardless of water depth, unless it meets specific exemption criteria established by the state department of environmental protection.

(Ord. No. 02-21, § 2(7.1.7), 2-21-2002; Ord. No. 02-29, § 13, 11-21-2002; Ord. No. 11-11, § 1, 4-14-2011)

On shorelines landward of a seawall or revetment on a manmade canal or channel, docks may run the entire length of the shoreline, parallel to the water's edge, provided that:

1. The landward edge of the dock is located entirely on the upland shoreline and no walkway is needed to provide access to the dock.
2. All portions of the dock that extend over submerged lands are cantilever beam or pile supported.
3. Fish cleaning stations up to 15 square feet may be permitted six inches from the side yard and shall not extend beyond the edge of the dock.
4. Docks serving commercial uses, public uses, or more than three dwelling units do not exceed ten feet in width and all other docks do not exceed eight feet in width.
5. The width of any dock between boat davits may be expanded to 13 feet for a distance of no more than 35 feet along the shoreline subject to the following criteria:
   1. For single-family residences and duplexes only one such expanded area shall be allowed between davits for every lot or for every 100 linear feet of shoreline length; and
   2. Two such expanded areas shall be allowed for duplex dwelling units.

(Ord. No. 02-21, § 2(7.2.8), 2-21-2002; Ord. No. 02-29, § 13, 11-21-2002)

1. Where a mangrove fringe exists along the shoreline, then a dock with a walkway perpendicular to the shoreline, such as a "T" or "L" dock, shall be the primary design permitted and shall be designed as follows:
   1. The portion of the dock parallel to the shoreline may run up to 100 feet along the shoreline length of each parcel and shall not exceed five feet in width;
   2. The dock and walkway shall be located so as to avoid or minimize impacts to the mangroves; and
   3. The walkway connecting the dock to the shore shall not exceed four feet in width. One such walkway shall be allowed for every 100 feet of shoreline length or fraction thereof (for example, 75 feet of shoreline may have one walkway and 101 feet of shoreline may have two).
2. Where a mangrove fringe or other wetland vegetation exists along the shoreline and a "T" or "L" style dock would extend over more than ten percent of the width of the water body, the director may approve an alternative design. Such alternate design shall only have the minimum deviations from this section to address this unique situation.

(Ord. No. 02-21, § 2(7.1.9), 2-21-2002)

1. Piers shall be oriented approximately perpendicular to the shoreline.
2. Piers shall be located in an existing break in the mangroves or shoreline vegetation. However, if no such break exists, an opening, no more than four feet wide and eight feet above the finished grade of the deck, may be cut through the mangroves or shoreline vegetation.
3. Whenever feasible, piers shall incorporate light-penetrating grating on the walkway.
4. Reflective navigation indicators shall be located every 50 feet and on both sides of the terminal platform.
5. Structures shall be no longer than twice the linear shoreline frontage of the parcel or 100 feet whichever is less. For purposes of this subsection, dock length shall be measured from MLW out to the waterward extension of the dock.
6. Terminal platforms of any dock shall be no wider than eight feet in one dimension and not exceed a total of 160 square feet in area. The terminal platform may include stairways for swimming access provided that all stairways are contained within the square footage allowed for the terminal platform. The terminal platform may include a non-enclosed gazebo that does not exceed 100 square feet in area.
7. With the exception of Lower Matecumbe Key, an administrative dock variance may be granted by the director to allow the minimum relaxation of the length restriction set forth in this section as is necessary to provide the upland owner with access to adequate water depths specified for docking facilities. Such administrative long dock variance shall only be granted based on a written determination by the director that the proposed dock:
   1. Will be consistent with the community character of the surrounding area;
   2. Will not interfere with public recreational uses in or on adjacent waters, including the obstruction of saltwater flats;
   3. Will not be detrimental to marine resources; and
   4. Will pose no navigational or safety hazard.
   Prior to issuance of the dock variance, the director shall give the applicant notice of the village's intent to issue the dock variance. The applicant shall provide notice to adjacent property owners of the village's intent to issue the dock variance. Within 35 days of the date of the publishing of the notice of intent, a public hearing on the long dock variance may be requested in writing to the director, by the applicant, an adjacent property owner within 300 feet or other aggrieved or adversely affected property owner. The director shall issue a decision on the dock variance if a public hearing is not requested in accordance with this subsection.

(Ord. No. 02-21, § 2(7.1.10), 2-21-2002)

Water access walkways:

1. Shall be oriented approximately perpendicular to the shoreline;
2. Shall be designed to terminate in water no deeper than six inches at MLW or extend further than ten feet from the waterward extent of mangroves;
3. Shall be designed so that the decking is elevated at least three feet above MHWL, except for a ramp or stair section at the waterward end which must be limited to no more than ten feet long;
4. May be up to four feet in width;
5. May not include a terminal platform or gazebo or roof structures; and
6. Must display at least two signs of at least one square foot to be placed on each side of the structure stating "No Mooring of Motorized Vessels Allowed."

(Ord. No. 02-21, § 2(7.1.11), 2-21-2002)

Water observation platforms:

1. Shall be oriented approximately perpendicular to the shoreline;
2. Shall be designed to terminate in water no deeper than six inches at MLW or begin the terminal platform no further than ten feet beyond the waterward extent of mangroves;
3. Shall be designed so that the top of the decking, including the terminal platform, is elevated at least five feet above MHWL;
4. Shall be designed with a terminal platform that does not exceed 160 square feet. The terminal platform may include a non-enclosed gazebo that does not exceed 100 square feet; and
5. Shall be designed with handrails on all sides and designated by two signs of at least one square foot each to be placed on each side of the structure that states "No Mooring of Motorized Vessels Allowed."

(Ord. No. 02-21, § 2(7.1.12), 2-21-2002)

1. Live-aboard vessels of any type shall not be permitted in residential districts.
2. Live-aboard vessels must be approved pursuant to article VI, division 7 of this chapter.

(Ord. No. 02-21, § 2(7.1.13), 2-21-2002)

1. New structures serving commercial uses, public uses, or more than three dwelling units or designed for mooring four or more vessels:
   1. Require minor conditional use approval; and
   2. May be approved by the director with deviations from the requirements of this division as part of the conditional use approval. Such approval may include additional structures on altered shorelines, or additional area or uses. Additional uses are limited to waterfront dining areas, pedestrian walkways, public facilities, monuments or statues, information kiosks and water-dependent marina uses. The approval shall be based on, among other criteria, a finding that the development:
      1. Conforms to all other provisions of this chapter, including but not limited to density, intensity and permitted uses of the applicable land use district;
      2. Furthers the purposes of this section;
      3. Is consistent with the general standards applicable to all such uses and structures;
      4. Is consistent with the surrounding community character;
      5. Does not interfere with public recreational uses in or on adjacent waters or uplands;
      6. Does not pose a navigational hazard;
      7. Demonstrates that proposed structures are located such that all required landscaping is installed;
      8. Demonstrates that proposed structures are located in existing cleared areas before encroaching into areas of native vegetation. Removal of any native trees or shrubs for development shall be approved prior to removal and such trees or shrubs shall be successfully transplanted or replaced pursuant to section 30-1615; and
      9. Contains a provision for a water quality monitoring program for a period of five years.
2. New structures serving three or fewer dwelling units. The director may approve designs that address unique circumstances such as odd-shaped lots or shorelines, even if such designs are inconsistent with the above standards. Such approval may be granted upon the director's written finding that the proposed design furthers the purpose of this section and the goals, objectives and policies of the comprehensive plan. Only the minimum possible deviation from the above standards will be allowed in order to address the unique circumstances. No such special approval will be available for after-the-fact permits submitted to remedy a code compliance violation.

(Ord. No. 02-21, § 2(7.1.14), 2-21-2002; Ord. No. 02-29, § 13, 11-21-2002)

1. Nonconforming docks or docking facilities lawfully existing along the shoreline of manmade canals, channels, or basins or serving three or fewer dwelling units on any shoreline shall be exempt from the non-substantial improvements limitations in order to expand or extend the structure to reach the water depths specified for docking facilities.
2. Nonconforming docking facilities lawfully existing within the shoreline setback along manmade canals, channels or basins or serving three or fewer dwelling units on any shoreline may be rebuilt in the same footprint provided that:
   1. There will be no adverse impacts on stormwater runoff, navigation or habitat of a species listed as threatened or endangered;
   2. A Class B landscape bufferyard is installed along the shoreline;
   3. Any such replacements shall comply with each and every other requirement of this division to the maximum extent practicable; and
   4. Docking facilities shall be brought into compliance with minimum depth requirements provided there are no adverse impacts on navigation, benthic communities or habitat of a species listed as threatened or endangered. Any such modifications shall comply with each and every other requirement of this division.
3. Notwithstanding the provisions above, no development other than pile-supported docks designed to minimize adverse impacts on marine turtles may be allowed within 50 feet of any portion of any beach berm complex which is a known or potential nesting area for marine turtles or other species listed as threatened or endangered. All such development shall comply with division 3 of this article and the following:
   1. The structure shall have a minimum horizontal distance of four feet between pilings or other upright members;
   2. The structure shall have a minimum clearance of three feet above grade; and
   3. If stairs or a ramp with less than the minimum three feet clearance above grade is required, such stairs or ramp shall be enclosed with vertical barriers no more than two inches apart.

(Ord. No. 02-21, § 2(7.1.15), 2-21-2002)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Active nesting area means any beach that is a marine turtle nesting area as identified on the marine turtle nesting inventory approved by Islamorada Village of Islands, the Florida Fish and Wildlife Conservation Commission, the Florida Department of Environmental Protection or other state or federal agencies.

Adjacent waters means waters abutting a nesting area and extending 300 feet to either side of it, and out to either 300 yards offshore or the limits of the property line, whichever is further.

Artificial light or artificial lighting means any source of temporary, fixed or movable light emanating from a manmade device, including, but not limited to, neon, halogen, torches, camp and bonfires, incandescent mercury vapor, metal halide, or sodium lamps, spotlights, streetlights, construction security lights or lights which illuminate signs. When a lamp is contained within a translucent fixture, the entire fixture shall be considered the point source of light.

Beach means the zone of unconsolidated material that extends landward from the mean low-water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves.

Beach berm means a bare shoreline or sandy shoreline with a mound or ridge of unconsolidated sand that is immediately landward of, and usually parallel to, the shoreline and beach. The sand is calcareous material that is the remains of marine organisms such as corals, algae and mollusks. The berm may include forested coastal ridges and may be colonized by hammock vegetation.

Cumulatively illuminated means illuminated by numerous artificial light sources that as a group illuminate any portion of the beach.

Daylight hours means the locally effective time period between sunrise and sunset.

Directly illuminated means illuminated as a result of glowing elements, lamps, globes, or reflectors of an artificial light source that is visible to an observer standing anywhere on the beach.

Disorientation means the inability of hatchling or adult sea turtles to orient properly to the ocean or bay.

Filmed glass means window glass that has been covered with a film such that the material has a shading coefficient of 45 percent or less, adhesive as an integral part, and has performance claims that are supported by approved testing procedures and documentation.

Full cut-off fixture means a fixture with a flat, horizontally oriented lens and opaque sides that does not permit light distribution above a horizontal plane located at the bottom of the fixture.

Hatchling means any species of marine turtle, within or outside of a nest that has recently hatched from an egg.

Indirectly illuminated means illuminated as a result of the glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source which is not visible to an observer on the beach.

Jurisdictional boundaries, sea turtle protection, mean the area on contiguous land within 300 feet of a nesting area.

Long wavelength means the light with wavelengths greater than 560 nanometers that emit light in the yellow to red color spectrum.

Low-pressure sodium light means an electric discharge lamp containing sodium, neon, and argon and that appears amber-yellow when lighted.

Mechanical beach cleaning means any mechanical means by which debris, including but not restricted to trash, litter, seaweed or sea grass wrack, is removed from the beach.

Nest means an area where sea turtle eggs have been naturally deposited or subsequently relocated.

Nesting area means both identified nesting areas and potential nesting areas.

Nesting area, identified means any area that is identified on the marine turtle nesting inventory as adopted by Village Council resolution from time to time and approved by Islamorada Village of Islands, the Florida Fish and Wildlife Conservation Commission, the Florida Department of Environmental Protection or other state or federal agencies and where sea turtles have been or are currently nesting; including adjacent beach or other intertidal areas used for access by the turtles.

Nesting area, potential means any area where sea turtle crawls have been observed.

Nesting season means the period from April 15 through October 31 of each year.

Permitted agent of the state means any qualified individual, group or organization possessing a permit from the Florida Department of Environmental Protection or by the Florida Fish and Wildlife Conservation Commission to conduct activities related to sea turtle protection and conservation.

Pole lighting means a light fixture set on a base or pole which raises the source of light higher than 48 inches off the ground.

Recessed ceiling fixture means the fixture recessed into the ceiling such that no portion of the lamp extends below the horizontal plane of the ceiling.

Sea turtle means any marine-dwelling reptile of the families Cheloniidae or Dermochelyidae found in Florida waters or using the beach as nesting habitat, including the species: Caretta caretta (Loggerhead Turtle), Chelonia mydas (Green Turtle), Dermochelys coriacea (Leatherback Turtle), Eretmochelys imbricata (Hawksbill Turtle), and Lepidochelys kempii (Kemp's ridley). For the purposes of this chapter, marine turtle is synonymous with sea turtle.

Shield means an opaque covering, canopy of other such device fitted over a light source that blocks the light source from being observed from the beach and prevents the light from illuminating the beach.

Tinted glass means any glass treated to achieve an industry-approved inside-to-outside light transmittance value of 45 percent or less. Such transmittance is limited to the visible spectrum (400 to 700 nanometers) and is measured as the percentage of light that is transmitted through the glass.

Translucent fixture means a fixture consisting of a material (e.g. frosted glass) that transmits light but causes sufficient diffusion to prevent a distinct image of the lamp inside.

Up-lighting means lighting fixtures that are directed upward, usually onto objects (flags, monuments, signs, buildings, landscape, etc.).

Wildlife lighting means artificial lighting that minimizes the potential for negative affects to the nocturnal behaviors of nesting and hatchling sea turtles and other wildlife. The following criteria apply:

1. The light source is mounted as low to the ground or floor as practicable through the use of fixtures such as, low-mounted wall fixtures, low bollards, and ground-level fixtures;
2. The lumens emitted by the light source are the minimal required for the intended application;
3. The light source is contained within a full cut-off or fully shielded fixture such that no light is broadcast above a horizontal plane and the point source of light and any reflective surfaces of the fixture are not directly visible from the beach;
4. The lamps emitting predominately long-wavelength light (>560 nanometers). These long-wavelength light sources include low pressure sodium vapor lamps, amber and red LEDs, true red neon lamps, and other lamps certified by the Florida Fish and Wildlife Conservation Commission as "wildlife lighting."

Window tinting means tinting or film that meets the standards for tinted glass.

(Ord. No. 02-21, § 3(7.2.1), 2-21-2002; Ord. No. 13-09, § 2, 2-14-2013)

Cross reference(s)—Definitions generally, § 1-2.

1. Prohibition of vehicles. Vehicular traffic shall be prohibited on nesting areas during the nesting season except for:
   1. Emergency and law enforcement vehicles;
   2. Authorized conservation or research vehicles; and
   3. Beach cleaning vehicles in compliance with section 30-1585.
2. Prohibition of building campfires or bonfires and horseback riding. Horseback riding, bonfires and/or campfires shall be prohibited on nesting areas during the nesting season.
3. Prohibition of storage or placement of any material in nesting area. The storage or placement of any material such as, but not limited to, construction material, riprap, trash and debris, mulch, man-made piles of beach wrack/sea grass, or other organic material, landscaping material, fill, vehicles, or boats, that has potential to impede movement of hatchlings or adults between ocean and nesting areas, or that may cover existing nests or nesting sites, is strictly prohibited.
4. Setback. All development shall be set back a minimum of 50 feet from any area which serves as an active or potential nesting area for marine turtles. The 50-foot setback will be measured from the landward toe of the most landward beach berm. The maximum total setback shall never be greater than 100 feet from MHW.
5. If any turtle nests or nesting activities have been reported within a portion of the beach, any temporary structures, including but not limited to beach chairs, umbrellas and cabanas which have the potential for entrapment of marine turtles and which may interfere with the use of the natural beach environment for nesting habitat shall be:
   1. Removed from the beach nightly;
   2. Stored in areas situated to avoid interference with marine turtles; or
   3. Placed in a manner so as to not obstruct the transit of turtle hatchlings to the water. Placement should include stacking in a staggered pattern at the landward edge of the beach.
6. Protection from development activities. Any development activity occurring on a property containing mapped sea turtle nesting beach during the nesting season shall require a temporary exclusionary barrier. Barriers shall be:
   1. Constructed in such a manner to prevent turtles from traveling inland of the beach area and shall be placed at a maximum of five feet seaward of the limits of construction as allowed in this article;
   2. Located in such a way as to allow the maximum extent of the beach accessible to potential nesting turtles;
   3. Constructed of durable materials that will not harm or injure a turtle if contact occurs, as approved by the village biologist; and
   4. Erected prior to the beginning of nesting season and remain in place until the end of nesting season or final inspection for a certificate of occupancy or completion has been issued.

(Ord. No. 02-21, § 3(7.2.2), 2-21-2002; Ord. No. 02-29, § 14, 11-21-2002; Ord. No. 13-09, § 2, 2-14-2013)

Editor's note(s)—Ord. No. 19-16, § 2, adopted June 27, 2019, changed the title of sec. 30-1582 from "Prohibition of activities disruptive to sea turtles" to read as herein set out.

To prevent exterior artificial lighting from illuminating the jurisdictional boundaries or adjacent waters during the nesting season, the following measures shall be taken to reduce or eliminate the negative effects of new or existing artificial lighting:

1. Exterior artificial light fixtures within direct line-of-sight of the beach shall be designed, positioned, modified, or removed so that:
   1. The point source of light or any reflective surface of the light fixture is not visible to an observer standing anywhere on the beach; and
   2. The area within the jurisdictional boundaries is not directly or indirectly illuminated.
2. Design measures, such as but not limited to the following, shall be taken to reduce or eliminate the negative effects of new or existing artificial beachfront lighting:
   1. Positioning of fixtures so that the point source of light or any reflective surface of the light fixture is eliminated or is no longer visible to an observer standing anywhere on the beach;
   2. Replacement of fixtures having an exposed light source with fixtures containing recessed light sources or shields;
   3. Replacement of traditional light bulbs with long wave length lights, red, orange or amber LEDs, low pressure sodium vapor lamps, or other wildlife lighting;
   4. Replacement of non-directional fixtures with completely shielded directional fixtures that point down and away from the beach;
   5. Replacement of fixtures having transparent or translucent coverings with fixtures having opaque shields covering an arc of at least 180 degrees and extending an appropriate distance below the bottom edge of the fixture on the seaward side so that the light source or any reflective surface of the light fixture is not visible to an observer standing anywhere on the beach;
   6. Replacement of pole lamps with low-profile, low-level luminaries no higher than 48 inches off the ground such as low-mounted wall fixtures, low bollards, and ground-level fixtures, so that the light source or any reflective surface of the light fixture is not visible to an observer standing anywhere on the beach;
   7. Replacement of incandescent, fluorescent, and high intensity lighting, with the lowest wattage low pressure sodium vapor lighting, or other wildlife lighting possible for the specific application;
   8. Planting or improvement of landscape vegetation in compliance with this chapter between the light source and the beach to screen light from the beach;
   9. Construction of ground-level barriers in compliance with this chapter to shield light sources from the beach;
   10. Exterior lights used expressly for safety or security purposes shall be limited to the minimum number and configuration required to achieve their functional role(s) and shall conform to the measures set forth in this section in order to reduce or eliminate negative effects on sea turtles. The use of motion detector switches that keep lights off except when approached and that switch lights on for the minimum duration possible are preferred.
   11. Permanent removal of all floodlights, up-lights, or spotlights used for decorative or accent purposes that are directly visible to an observer standing anywhere on the beach, or which indirectly or cumulatively illuminate the beach. This includes lighting of fountains, ponds, trees, landscaping and other purposes not related to human safety or security.
   12. Permanent removal or disabling of any fixture that cannot be brought into compliance with the provisions of these standards.
   13. Shielding or modification of any existing lighted sign pursuant to this chapter such that it is not directly visible to an observer standing anywhere on the beach.
   14. Interior swimming pool and associated pool deck lighting shall be turned off during sea turtle nesting season. If these lights cannot be turned off due to necessary nocturnal use, lights shall be amber or red LED lamps. Automatic timers are acceptable means of compliance with this standard.

(Ord. No. 02-21, § 3(7.2.3), 2-21-2002; Ord. No. 13-09, § 2, 2-14-2013)

To prevent interior artificial lighting from illuminating the jurisdictional boundaries or adjacent waters during the nesting season, measures such as but not limited to the following shall be taken to reduce or eliminate disorientation and other negative effects of new or existing interior light emanating from doors and windows:

1. Interior artificial lighting within direct line-of-sight of the beach shall be designed, positioned, modified, or removed so that:
   1. The point source of light or any reflective surface of the light fixture is not visible to an observer standing anywhere on the beach;
   2. The area within the jurisdictional boundaries is not directly or indirectly illuminated; and
   3. The area within the jurisdictional boundaries is not cumulatively illuminated.
2. Design measures, such as but not limited to the following, shall be taken to reduce or eliminate the negative effects of new or existing interior beachfront lighting:
   1. Use of window treatments, such as blackout draperies, shade-screens or blinds to shield interior lights from the beach;
   2. Installation of new windows and glass doors that meet the standards for tinted glass or, for existing windows and glass doors, an application of window tint or film that meets the standards for tinted or filmed glass as defined in this chapter;
   3. Turning off all unnecessary lights;
   4. Arrangement of lamps and other moveable light fixtures away from windows;
   5. Appropriate interior design to eliminate overhead lighting that could illuminate the nesting area; and
   6. For new construction within line-of-sight of the beach, tinted glass shall be installed on all windows and glass doors including the seaward and shore perpendicular sides of any structure.

(Ord. No. 02-21, § 3(7.2.4), 2-21-2002; Ord. No. 13-09, § 2, 2-14-2013)

All mechanical beach cleaning activities designed to remove debris from the beach or redistribute debris on the beach through the use of motorized vehicles or other mechanical means shall comply with the following standards:

1. Timing. Beach cleaning shall be confined to daylight hours during the nesting season.
2. Mode of operations. During the nesting season (April 15 through October 31):
   1. Beach cleaning operations shall be limited to the area seaward of the strand line (previous high tide mark);
   2. Lightweight motorized vehicles having wide, low profile, low pressure tires, or hand raking, shall be used to conduct beach cleaning operations;
   3. Devices used for removing debris from the beach shall be designed and/or operated such that they do not penetrate beach substrate by more than two inches;
   4. Operators shall be educated to identify a sea turtle crawl (turtle tracks), recognize and avoid a sea turtle nest and report nests or crawls to a permitted agent of the state; and
   5. All excess raked material must be removed from the beach and disposed of properly or stored in an upland area as approved by the director of planning and development services. With special approval from the director of planning and development services and the state department of environmental protection, limited quantities of organic material may be incorporated into the substrate in order to enhance the beach/berm system.
3. Coordination of beach cleaning operations with state-sanctioned scientific studies. All beach cleaning operations shall be coordinated through the state to ensure that these operations do not interfere with state-sanctioned scientific studies or surveys of sea turtle nesting activities.
4. Authorization. Any person performing mechanical beach cleaning must have a current permit from the Florida Department of Environmental Protection for the area being cleaned.

(Ord. No. 02-21, § 3(7.2.5), 2-21-2002; Ord. No. 13-09, § 2, 2-14-2013)

1. No predatory pets or pets likely to have a potential for being disruptive or damaging to nesting turtles, hatchlings, or nests shall be allowed to roam loose and unsupervised within the jurisdictional boundaries during the nesting season. Such pets include but are not limited to dogs, cats, ferrets and pigs.
2. Feeding of raccoons, opossums and other wild animals within the jurisdictional boundaries are prohibited.

(Ord. No. 02-21, § 3(7.2.6), 2-21-2002; Ord. No. 13-09, § 2, 2-14-2013)

1. Violations of this division may be prosecuted in the same manner as misdemeanors are prosecuted. In such cases, the violations shall be prosecuted in a court having jurisdiction over misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a fine up to $500.00 or by imprisonment up to 60 days or both such fine and imprisonment. Violations may also be prosecuted through proceedings before the village code compliance hearing officer, or through any other lawfully available means including civil and injunctive relief.
2. The property owner and, where applicable, the designee, agent, tenant, lessee, or assignee, shall each be held responsible for adherence to the provisions of this chapter.

(Ord. No. 02-21, § 3(7.2.7), 2-21-2002; Ord. No. 13-09, § 2, 2-14-2013)

It is the purpose of this division to provide for the conservation and protection of the environmental resources of the village by ensuring that the functional integrity of natural areas is protected where proposals for development may impact sensitive terrestrial habitats.

(Ord. No. 02-21, § 4(7.3.1), 2-21-2002; Ord. No. 05-11, § 3(7.3.1), 6-23-2005)

1. Generally. The planning and development services department shall maintain a map depicting the location of habitats within the village including the location of wetlands and tropical hardwood hammock. The planning and development services department shall also develop a map indicating the location of threatened and endangered animal species habitat. Both of these maps shall be based on the current existing conditions and protected animal species maps adopted from the county. These maps shall be maintained according to the criteria set forth in chapters 5 and 6 of the comprehensive plan.
2. Review and amendment. The habitat and protected animal species maps may be refined to reflect conditions legally in existence on February 28, 1986. The habitat and protected animal species maps as referenced throughout this division shall be intended only to serve as a general guide to habitat types for the purpose of preliminary determination of regulatory requirements. Final habitat determinations shall be based upon field verification. Unlawful conditions shall not be recognized when determining regulatory requirements.

(Ord. No. 02-21, § 4(7.3.2), 2-21-2002)

1. Habitat analysis required. As part of a development application on lands classified as, or containing, tropical hardwood hammock, the applicant shall prepare and submit a habitat analysis that evaluates the distribution and quality of tropical hardwood hammock and/or wetlands within the parcel proposed to be developed in accordance with the standards of this division. Once a development permit has been issued and site preparation commenced, the habitat quality rating either resulting from the habitat analysis shall remain in perpetuity. All future development of the parcel shall conform to the applicable hammock so analyzed or stipulated and any undeveloped portion of the habitat shall be subject to the quality and open space requirements in effect at the time of each subsequent development application. This shall be assured by attachment of a conservation easement to run with the land, stating the amount of required open space. A habitat analysis which is part of a development application or permit, which application for development is then denied or abandoned or which permit is abandoned or expired without site preparation having commenced, shall be revised and resubmitted according to the applicable standards at the time of submittal of a new application for development.
2. Preparation. The habitat analysis shall be prepared in accordance with the procedures and methods specified herein by a biologist qualified under this section, however, all habitat analyses are subject to the approval of the director of planning and development services. An applicant for development approval may utilize a biologist not employed by village for a required field survey provided that the biologist is a professional familiar with the natural environment within Islamorada and the Florida Keys. Biological assessments by alternative biologists are subject to review and approval by the planning and development services department.
3. Waiver of habitat analysis. The director of planning and development services may, after a site visit, waive or limit the requirements for a habitat analysis if it is determined that hardwood hammock is not present on the parcel proposed for development. Additionally, a habitat analysis is not required if the applicant stipulates that the tropical hardwood hammock is high quality.
4. Habitat analysis objective. The habitat analysis shall evaluate the relative ecological value of the remaining tropical hardwood hammocks in Islamorada with respect to their inherent character, integrity and context within the landscape. The analysis of the quality of hardwood hammock shall be conducted on habitat types identified as tropical hardwood hammock as indicated on the habitat and protected animal species maps maintained by the village or containing tropical hardwood hammock based on existing legal conditions as determined by the planning and development services department.
5. Automatic high quality forest classification. Tropical hardwood hammocks of five acres or more in size shall be classified as high quality hammocks without the need for a habitat analysis. Tropical hardwood hammocks of five acres or more in size are important ecological resources due to their relatively large size and undisturbed character.
6. Habitat analysis definitions and approach. If the tropical hardwood hammock does not automatically qualify as high quality, a habitat analysis to determine the quality must be completed as required by this division. The specific methods and procedures approved for performing the habitat analysis shall be set forth in a procedural handbook prepared and maintained by the director of planning and development services. The handbook shall include official lists of invasive exotic plants used in the habitat analysis, procedural methods for estimating invasive exotic coverage, and approved techniques for calculating hardwood hammock size and contiguous habitat types.
7. The following information shall be provided with the habitat analysis:
   1. A vegetation survey pursuant to section 30-1614(e);
   2. A list of wildlife species or their signs observed on the site;
   3. The extent to which the hammock serves as habitat for animal species, specifically referencing threatened, endangered animals or species of special concern. This shall include observations, visible evidence of their presence, and whether the habitat is of sufficient size, topography, or substrate to serve as habitat for these species; and
   4. Identification of any significant environmental features such as wells, trenches, solution holes, etc.
8. Habitat analysis for tropical hardwood hammocks. The quality of tropical hardwood hammocks shall be analyzed on the basis of the following variables and corresponding point scores:
   1. Hammock patch size. Hammock size is by far the most important factor in considering the value and quality of a hammock. Larger hammocks contain a higher diversity of plant and animal species, provide diverse habitat functions for resident and migratory wildlife, exhibit low edge effects, and are more resistant to invasive species relative to smaller hammocks. Large hammocks are also cost effective to manage and provide unique educational and recreational opportunities for the community relative to smaller hammocks. Hammock size is based on the entire contiguous forest cover regardless of ownership, not only the parcel being evaluated. Hammock boundaries may be delineated by ecotones with other habitat types (e.g., transitional wetlands, mangroves), and borders along developed areas. Primary roads (e.g., U.S. 1) shall constitute a hammock boundary, but secondary roads shall not constitute a hammock boundary. Points will be awarded to hammocks based on the following criteria:
      
      

      Hammock Patch Size	Points Awarded
      4—5 acres	75
      3—4 acres	65
      2—3 acres	55
      1—2 acres	45
      0.5—1 acre	35
      <0.5 acre (21,780 sq. ft.)	25

   2. Landscape ecology. The position of a hammock within the context of other natural communities is an important aspect of hammock quality. Hammocks that are contiguous to other natural plant communities such as transitional wetlands or mangroves have more biological value in the landscape than hammocks isolated in a developed matrix. Points will be awarded to hammocks based on the following criteria:
      
      

      Position of Hammock in Landscape	Points Awarded
      The hammock is contiguous with native plant communities including transitional wetlands and mangroves to create a total contiguous area of 20 acres or greater	15
      The hammock is contiguous with native plant communities including transitional wetlands and mangroves to create a total contiguous area of 10—20 acres	10
      The hammock is contiguous with native plant communities including transitional wetlands and mangroves to create a total contiguous area of 5—10 acres	5

   3. Invasive exotic plant species. The extent to which a hammock is infested with invasive exotic plants is considered a measure of the ecological integrity of the hammock and thus hammock quality. Extensive infestation of a tropical hardwood hammock by invasive exotic plants is usually an indication of past ecological disturbance, and may reduce hammock quality by displacing native plant species and reducing wildlife habitat value. However, due to the generally fragmented nature of hammocks within the village, invasive exotic plants are commonly found within hammocks. Invasive exotic plants are easily removed, and exotics removal is a routine habitat management practice throughout the Keys. Because of the ease in restoring hammocks through exotics removal, the presence of invasive exotic plants is not considered a serious longterm problem, and only extensive infestations will significantly reduce hammock quality. The total invasive exotic plant coverage within the limits of the parcel being evaluated will be estimated and points will be awarded to hammocks based on the following criteria:
      
      

      Estimated Invasive Exotic Plant Coverage	Points Awarded
      <25% coverage	10
      25—50% coverage	5
      >50% coverage	0

9. Quality determination of tropical hardwood hammocks. The quality of a tropical hardwood hammock shall be determined on the basis of the cumulative point scores derived under this section using the following criteria:
   
   

   Quality Determination	Cumulative Score
   High	85—100
   Moderate	50—84
   Low	<50

   Parcels within the Residential Medium (RM) and Airport (A) future land use categories that score as high or moderate quality and are one-half acre or less in size shall receive an automatic low quality classification provided the applicant submits a conservation easement on required open space.

(Ord. No. 02-21, § 4(7.3.3), 2-21-2002; Ord. No. 02-29, § 15, 11-21-2002; Ord. No. 05-11, § 3(7.3.3), 6-23-2005)

1. Purpose. It is the purpose of this section to provide for open space as a part of a development plan in order to ensure the continued existence of natural wildlife habitat and to provide open green areas for the movement, aesthetics, and safety of the human population utilizing the development.
2. Minimums in space ratio list to be followed. No land shall be developed, used or occupied such that the amount of open space on the parcel proposed for development is less than the open space ratios listed below for each habitat. All habitat types occurring on the site shall be delineated and identified on development applications.
3. Open space ratio list. Open space areas shall be designated and treated in such a manner as to maintain their integrity whether their primary purpose is to serve as natural wildlife habitat or as cultivated, landscaped space. The open space requirements for native upland vegetation communities that exhibit functional integrity and viability shall meet or exceed these percentages:
   
   

   Habitat Classification		Minimum Open Space Requirement
   Submerged lands (open water)		1.00
   Beach berm		0.90
   Mangrove and freshwater wetlands:
   	Undisturbed	1.00
   	Disturbed	0.90
   Saltmarsh and buttonwood wetlands:
   	Undisturbed	1.00
   	Disturbed	0.90
   Tropical hardwood hammock:
   	High quality	0.90
   	Moderate quality	0.70
   	Low quality	0.50
   Disturbed:
   	With hammock	0.30
   	With saltmarsh and buttonwood	0.30
   	With beach/berm	0.30
   	With exotics	0.20
   	Scarified	0.20

4. Clearing. Clearing within tropical hardwood hammock shall be strictly limited to the development area required for the principal and accessory structures and uses. Clearing of hammock for parking or driveways exceeding the minimum requirements pursuant to this chapter, or for landscaping purposes shall not be permitted. Clearing of hammock for the creation of swales shall not be permitted unless waived or limited by the director of planning and development services.
5. Vegetation survey. A vegetation survey containing the following information shall accompany all applications for development of structures or clearing, unless waived or limited by the director of planning and development services:
   1. A list of the names of all vascular plants found on the parcel proposed for development;
   2. A vegetation map at a scale of at least 1:50, assigning a unique number to each tree indicating the location, area and size of all trees with a diameter at breast height of three and one-half inches or greater and any species listed as threatened, endangered or regionally important;
   3. A tree survey table with the following information listed by tree number corresponding to the numbered existing trees:
      1. Common and scientific species name;
      2. Diameter at breast height
      3. Tree condition;
      4. Proposed disposition (remain, relocate or remove);
      5. Dollar value of specimen trees calculated in accordance with section 30-1615.
   4. The location of any specimen or champion trees; and
   5. A list of all invasive exotic vegetation and the area of infestation occurring on the site.
6. Exceptions to open space requirements. No structures are permitted in the required open space except for the following:
   1. Up to 50 percent of the total area of driveways, parking areas limited to the minimum required by this chapter, and passive recreational uses that do not require clearing of native habitat provided:
      1. They do not cumulatively occupy more than ten percent of the total required open space area;
      2. They are constructed of permeable materials;
      3. They do not require the removal of native vegetation for that portion to be considered open space; and
      4. They are located within a disturbed habitat as listed in this division.
   2. Structures buried underground, including but not limited to septic tank drainfields, utility lines, and underground tanks, provided that:
      1. They are covered with permeable materials;
      2. They do not require the removal of native vegetation; and
      3. They are located within a disturbed habitat as listed in this division.
   3. Docks, piers, walkways or other structures and uses specifically allowed pursuant to division 2 of this article located over submerged lands or within mangroves or wetlands that are elevated by means of pilings or other such supports such that the area of land or water underneath the structure is not topographically altered and remains in a vegetated state.
   4. Required open space shall be maintained pursuant to the most restrictive design criteria listed for each habitat which applies to the development, as listed in this division. Permittable clearing within each habitat type shall be assessed on a cumulative basis such that any additional or proposed clearing shall be determined by accounting for all previous clearing that occurred on the site since February 28, 1986. Major development sites approved prior to September 15, 1986, shall not be permitted to clear additional habitat beyond the clearing originally approved.

(Ord. No. 02-21, § 4(7.3.4), 2-21-2002; Ord. No. 02-29, § 15, 11-21-2002; Ord. No. 05-11, § 3(7.3.4), 6-23-2005)

1. When existing non-invasive vegetation is removed or when vegetation that was to be preserved or relocated is damaged or destroyed during development activities, such vegetation shall be replaced, mitigated or restored in accordance with this section.
2. Each application for development approval shall include a transplantation or restoration plan containing the following:
   1. An approved site plan or as-built plan indicating the location, size and species to be transplanted or restored; and
   2. For transplantation plans, the method or transplantation to be employed, including:
      1. A schedule, by week, of each step of the transplantation process and a specific completion date;
      2. The means of excavating the plant materials;
      3. Preparation of the site to which the plant material will be transplanted;
      4. A schedule of maintenance of the plant material after it has been transplanted; and
      5. A written narrative description of the likelihood of the success of transplantation including a description of other successful transplantations of the species proposed to be transplanted. If the director of planning and development services determines, upon site evaluations and review of the narrative required in subsection (b)(2)d of this section, the proposed transplantation is deemed not feasible and preservation is not possible, replacement with nursery stock may be permitted pursuant to the standards contained in this section.
   3. When unapproved grading occurs, the existing elevations and the finished elevations must be shown on the restoration plan.
   4. Vegetation required to be restored or replaced shall meet the following replacement standards:
      
      TABLE 30-1615. TREE REPLACEMENT TABLE
      
      

      Canopy Spread of Tree (feet)	OR	Diameter of Trunk at 4 Feet Above Grade (inches)	Replacements Required
      90 or greater		37 or more	8
      60—89		32—36	7
      50—59		27—31	6
      40—49		22—26	5
      30—39		17—21	4
      20—29		12—16	3
      10—19		7—11	2
      5—9		2—6	1
      Less than 5 feet*		Less than 2 inches	0

      *Species listed as endangered, threatened or regionally important must be replaced at a minimum ratio of 1:1 of similar size and maturity.
      1. Replacement trees shall be at least eight feet in height, three inches dbh, and consist of non-invasive species pursuant to the standards contained in this division. The director of planning and development services may reduce the height requirement up to 50 percent for rare native plant species. The director of planning and development services may reduce the required quantity if replacement tree size is greater than eight feet in height and three inches dbh.
      2. All native palms and shrubs replaced shall be of the same size and species, or similar species, as the plants removed.
      3. Nursery stock of 24 inches in height may be substituted at the ratio of three plants for every one plant proposed for removal as may be approved by the director of planning and development services.
      4. Nursery stock shall be of the same species whenever possible, or equally rare species as approved by the director of planning and development services.
      5. Restoration sites within the range of the Schaus' Swallowtail Butterfly shall incorporate Torchwood (Amyris elemifera) into the restoration plan.
      6. All transplantation or restoration shall be on the development site unless there is no suitable planting area available.
      7. Transplantation and restoration plans shall be approved by the director of planning and development services prior to issuance of a permit and shall be attached as a condition on the permit.
      8. All transplantation and restoration shall be completed prior to issuance of a certificate of occupancy (C.O.) for the site, or, where a C.O. is not applicable, within the timeframe outlined in the transplantation plan.
      9. All transplantation and restoration shall meet a survival rate of 100 percent after two years. The village retains the right to access the property to inspect the survivorship rate through the two-year period. Any transplantation and restoration not meeting 100 percent survival during the two-year period shall be replaced.
      10. Off-site transplantation and restoration. Where the survivability of transplanted plants is low, as determined by the director of planning and development services, the applicant shall be required to donate nursery stock or pay into the village restoration fund. The restoration fund shall be maintained by the village and shall be for the specific purpose of land acquisition and restoration within the village.
      11. Donated nursery stock shall be identical in species composition to that which is lost due to development. In situations where replacement stock is not available, then a replacement schedule utilizing alternative species shall be approved in writing by the director of planning and development services. This alternative shall be utilized only after all possible sources of replacement species have been exhausted.
      12. Donated stock shall be donated at a ratio of 3:2 of that required in this section for on-site transplantation.
      13. Where payments are made in lieu of donations of stock, such payments shall be sufficient to purchase stock in numbers corresponding to the above replacement schedule. The applicant shall submit no less than three estimates from licensed nurseries and pay the average of the three estimates.
      14. Eligible receiver sites shall be approved by the director of planning and development services and shall be:
          1. Located within an area of publicly owned (local, federal, or state) land which is designated for the purpose of conservation, restoration and/or for open space; or
          2. Located within a site owned by a private nonprofit conservation organization where the site is designated for the sole purpose of conservation, restoration and/or for open space.
          3. Additionally, the off-site transplantation area shall be either:
             1. Suitable for restoration to the same habitat type as the applicant's property; or
             2. Suitable for establishing new habitat, provided that it can reasonably be expected to support the applicable habitat type based upon site history and characteristics and is approved by the director.
      15. Ineligible receiver sites for off-site transplantation are areas:
          1. Designated for landscaping that serve an architectural or aesthetic purpose only;
          2. Required landscape or buffer area by this chapter. An exception to these sites shall be made for scenic corridors;
          3. Which would require clearing of native trees or habitat to make room for plants; and
          4. Required for planting, restoration, or mitigation by this chapter or due to a code violation.
      16. Off-site transplantation methods:
          1. The transplantation or restoration plan shall be part of a written tri-party agreement or memorandum of understanding (MOU) between the applicant, the receiving site owner, and the village. The agreement or MOU shall be prepared by the applicant in a form acceptable to the village attorney and should state responsibilities and include a copy of the plan.
          2. The applicant shall pay the initial costs of restoration, in accordance with the terms of the agreement, to the owner of the receiver site including the cost of transport and delivery of the plants plus 25 percent of the cost of the plant material to cover labor, installation and maintenance for one year.
          3. All physical maintenance and guarantees required by the transplantation plan after installation and establishment of plants shall be the responsibility of the owner of the receiver site.
          4. As part of the guaranteed maintenance, the owner of the receiver site shall agree to keep it free of invasive exotic vegetation in perpetuity.
      17. If none of the above alternatives are available, then the applicant shall provide a fee equal to the cost of the replacement plants plus installation and maintenance, calculated in accordance with this section. This fee shall be held in an escrow account used by the village, willing government agency or conservation group to restore public lands so there is no net loss of tropical hardwood hammock within the village.
      18. Specimen trees are subject to the preservation and transplantation criteria of this article. If it is determined by the village that tree transplantation is not feasible, then the applicant shall provide a fee as outlined below. The fee shall be based on the value of the tree(s), as determined by the village's specimen tree appraisal formula, as listed below, which reflects the village's tree preservation priorities based on size, health, and locations which enhance the ability of a tree to provide benefits to the greater community. An alternative method of tree valuation may be used if a request is submitted to and approved by the village. Hazard, invasive, and dead trees are assigned a zero-dollar monetary value. The cost of tree replacement provided for by a specimen tree may be subtracted from the calculated specimen tree appraised value.
          
          Specimen Tree Appraisal Formula:
          
          Appraised Tree Value = Price of Replacement Tree × 2.7 × Size Factor × Health/Condition Factor × Location Score
          
          Explanation of formula Components:
          
          Replacement Tree Price shall be those set by the village's replacement tree price list (as amended) which is the average of three published prices of each tree species in the minimum replacement size.
          
          2.7 is a multiplier utilized to represent installation and establishment cost.
          
          Size factor:
          
          Hardwoods/conifers: 1-24" DBH = 3, >24" DBH = 4
          
          Palms: one foot (1') - twelve feet (12') clear trunk = 1, > twelve feet (12') clear trunk = 2
          
          Health/conditions factor:
          
          Excellent/good (no major defects) = 1.25
          
          Fair (defects are correctable or are not anticipated to cause tree death or required removal within 10 years) = 0.75
          
          Poor (defects not correctable, expected to cause death or require removal within 10 years) = 0
          
          Location score: (locations not described below and all prominent ratings are designated by Planning Director)
          
          Prominent: highly visible area for general public, significant contribution to area = 3
          
          High: mapped tropical hardwood hammock and/or; front or street side yard or swale/within twenty feet (20') of roadway or sidewalk = 2
          
          Medium: front yard/visible from road or sidewalk and greater than 20 feet from road or sidewalk = 1
          
          Low: rear yard or otherwise similarly obstructed from view = 0.75

(Ord. No. 02-21, § 4(7.3.5), 2-21-2002; Ord. No. 02-29, § 15, 11-21-2002)

1. Applicability; authorization of deviations. No land shall be developed, used or occupied except in accordance with the following criteria unless the director of planning and development services recommends and the village approves an authorized deviation in order to better serve the goals and objectives of the comprehensive plan. No recommendation for an authorized deviation from these environmental design criteria shall be made unless the director of planning and development services makes written findings of fact and conclusions of biological opinion which substantiate the need or benefits to be derived from the authorized deviation.
2. Clustering. It is the purpose of this section to minimize the environmental impacts of development by encouraging design of a development on a parcel of land to incorporate clustering of development away from environmentally sensitive natural areas that are the most susceptible to harmful development impacts. Clustering requirements shall apply to all development, including plat design, and shall be achieved in the following manner:
   1. When a parcel proposed for development contains only one habitat type, all development shall be clustered on the least sensitive portions of the parcel subject to the maximum density and the performance standards of this division and shall fully utilize the buildable area of the habitat prior to expanding to the next least sensitive habitat type on the site.
   2. When a parcel proposed for development contains more than one habitat type, all development shall be clustered on the least sensitive portions of the parcel. For the purpose of this policy, the relative sensitivity of separate habitat types shall be classified as shown within the following habitat classes, Class I are the most sensitive and Class III are the least sensitive in the listed order.
      
      Class I:
      
      Undisturbed wetlands;
      Mangroves wetlands and submerged lands:
      Saltmarsh and/or buttonwood association wetlands;
      Disturbed wetlands;
      High quality tropical hardwood hammock;
      Moderate quality tropical hardwood hammock;
      Low quality tropical hardwood hammock; and
      Beach or berm.
      
      Class II:
      
      Disturbed beach or berm;
      Disturbed with salt marsh and/or buttonwood association wetlands (lawfully converted to disturbed uplands); and
      Disturbed with tropical hardwood hammock.
      
      Class III:
      
      Disturbed; and
      Disturbed with exotics.
      1. When a parcel proposed for development contains more than one habitat type, the development shall be clustered within the least ecologically valuable area of each habitat to achieve the maximum utilization of these areas allowing for setback requirements as determined by the director of planning and development services. The minimum size of each habitat shall be 6,000 square feet. Habitat fragments smaller than 6,000 square feet shall be classified as part of the adjacent habitat of higher sensitivity.
      2. When a parcel proposed for development contains only one habitat type, the development shall be clustered within the least ecologically valuable area of the habitat as determined by the director of planning and development services. Disturbed parcels of less than 10,000 square feet in size containing Class I habitat on one-third or less of the parcel shall be classified as disturbed with the applicable habitat.
3. Undisturbed wetlands. All development on land classified as undisturbed wetlands and submerged lands shall be designed, located and constructed such that:
   1. Only utility pilings and elevated walkways designed to minimize adverse impacts shall be permitted;
   2. All development in wetlands shall require approval or exemptions from the U.S. Army Corps of Engineers and state department of environmental protection; and
   3. No fill shall be permitted.
   4. All development, except as permitted by this section or division 2 of this article, occurring adjacent to undisturbed wetlands shall maintain a minimum vegetated setback of 50 feet to be maintained as an open space subject to the following:
      1. If a 50-foot setback results in less than 2,000 square feet of principal structure footprint of reasonable configuration the setback may be reduced to allow for 2,000 square feet of principal structure footprint of reasonable configuration provided the setback is not reduced to less than 25 feet and the setback area is planted and maintained with a Class D bufferyard; or
      2. On disturbed parcels, the wetland setback may be reduced to 25 feet, without regard to buildable area, if the entire setback area is planted and maintained with native vegetation double the density of a Class D landscape bufferyard utilizing suitable native vegetation for the habitat as determined by the director of planning and development services, and thereafter placed under a conservation easement. The wetland setback required by this subsection shall not apply to mangrove or wetland fringes occurring along manmade canals, channels or basins.
   5. All listed threatened, endangered, commercially exploited, and regionally important native plant species shall be preserved, protected, relocated or replaced with the same species or equally rare species suitable to the site in accordance with section 30-1615.
4. Mangrove wetlands and submerged lands. All development on land classified as mangrove wetlands and submerged lands shall be designed, located and constructed such that:
   1. Only structures permitted by this section or division 2 of this article shall be allowed on or over mangroves wetlands and submerged lands, subject to the requirements of this section or division 2 of this article. These restrictions shall not apply to disturbed wetlands that have been lawfully converted into uplands through filling pursuant to division 5 of this article;
   2. All structures shall be designed to protect tidal flushing and circulation patterns;
   3. Approvals or exemptions from the state department of environmental protection (DEP) and the U.S. Army Corps of Engineers (USACE) shall accompany all development applications;
   4. No "after the fact" permits shall be issued for development activities that have violated this subsection. All unpermitted development including fill shall be removed and all damage restored in accordance with a restoration plan approved by DEP or USACE in coordination with the village;
   5. Dredging may be permitted, provided that:
      1. Shoreline dredging shall only be allowed as specified for boat ramps in this chapter;
      2. Maintenance dredging shall only be permitted within areas that are not vegetated with seagrass beds or hard bottom communities. An exception shall be provided for maintenance dredging in public navigation channels as permitted by the state department of environmental protection and the U.S. Army Corps of Engineers;
      3. Maintenance dredging in artificial waterways shall not exceed depths greater than six feet at mean low water (MLW) except as may be permitted by the state department of environmental protection and the U.S. Army Corps of Engineers for public facilities; and
      4. All dredged spoil materials shall be placed on permitted upland sites designed and located to prevent runoff of spoil material into wetlands or surface waters;
   6. No fill shall be permitted in mangrove wetlands or submerged lands or within a VE flood zone except:
      1. As specifically allowed by this subsection or by division 5 of this article. For the purposes of this section, fill shall include mulch, sand, pea rock or any other material not naturally occurring in the wetland or submerged land;
      2. To fill a manmade excavated water body if the planning and development services director determines that such filling will not have a significant adverse impact on marine or wetland communities; or
      3. As needed for public shoreline stabilization or beach renourishment projects that further the goals, objectives, and policies of the comprehensive plan as determined by the planning and development services director;
   7. Bridges and walkways extending over wetlands that provide automobile or pedestrian access to dwelling units located on upland areas within the same property for which there is no alternate means of access shall be elevated on pilings so that the natural movement of water, including volume, rate and direction of flow, shall not be disrupted or altered;
   8. The trimming or removal of mangroves for the purposes outlined in this subsection shall only be permitted in accordance with a state department of environmental protection (DEP) permit or exemption issued specifically for the trimming activity being requested, or for properties with governmental exemption without further action. Only the minimal alteration of mangroves necessary shall be permitted subject to the following criteria:
      1. Installation of a structure permittable pursuant to this section;
      2. Maintenance of existing navigable channels, canals, accessways or navigation ways over land or water to maintain navigation in or where necessary to allow an upland owner limited ingress and egress to waters;
      3. Visual access; or
      4. Governmental purposes authorized by statute;
   9. Nothing in this section shall be in any way be construed as to allow mangrove removal, except as permitted pursuant to state statute in conjunction with installation of a permitted structure; and
   10. Mangrove trimming or removal shall be considered development and shall conform to each and every requirement of this chapter, including the requirement for a principal use on the subject property.
5. Saltmarsh and buttonwood associations. All development on land classified as saltmarsh and buttonwood associations wetlands or disturbed with saltmarsh and buttonwood associations wetlands shall be designed, located and constructed such that:
   1. All development in wetlands shall require approval or exemptions from the U.S. Army Corps of Engineers and state department of environmental protection;
   2. No fill shall be placed on a parcel proposed for development except as may be permitted under division 5 of this article for the minimum amount necessary to permit a driveway, providing that the natural hydrologic regime of the site is not altered;
   3. All development, except as permitted by this section or division 2 of this article, occurring adjacent to wetlands shall maintain a minimum vegetated setback of 50 feet to be maintained as an open space subject to the following:
      1. If a 50-foot setback results in less than 2,000 square feet of principal structure footprint the setback may be reduced to allow for 2,000 square feet of principal structure footprint of reasonable configuration provided the setback is no less than 25 feet and the setback area is planted and maintained with a Class D bufferyard; or
      2. On disturbed parcels, the wetland setback may be reduced to 25 feet, without regard to buildable area, if the entire setback area is planted and maintained with native vegetation double the density of a Class D landscape bufferyard utilizing suitable native vegetation for the habitat and thereafter placed under a conservation easement. The wetland setback required by this subsection shall not apply to mangrove or wetland fringes occurring along manmade canals, channels or basins;
   4. All listed threatened, endangered, commercially exploited, and regionally important native plant species shall be preserved, protected, relocated or replaced with the same species or equally rare species suitable to the site in accordance with section 30-1615;
   5. All native trees greater than 3 1/2 dbh shall be preserved, protected, relocated or replaced in accordance with section 30-1615; and
   6. Lands classified as disturbed wetlands of moderate or low functional capacity may be filled for development if adequate mitigation is provided, as may be permitted pursuant to division 5 of this article.
6. Disturbed wetlands. All development on land classified as disturbed wetlands shall be designed, located and constructed such that:
   1. All development in wetlands shall require approval or exemptions from the U.S. Army Corps of Engineers and state department of environmental protection;
   2. No fill shall be placed on a parcel proposed for development except as may be permitted under division 5 of this article for the minimum amount necessary to permit a driveway, providing that the natural hydrologic regime of the site is not altered;
   3. All development, except as permitted by this section or division 2 of this article, occurring adjacent to wetlands shall maintain a minimum vegetated setback of 50 feet to be maintained as an open space subject to the following:
      1. If a 50-foot setback results in less than 2,000 square feet of principal structure footprint the setback may be reduced to allow for 2,000 square feet of principal structure footprint of reasonable configuration provided the setback is no less than 25 feet and the setback area is planted and maintained with a Class D bufferyard; or
      2. On disturbed parcels, the wetland setback may be reduced to 25 feet, without regard to buildable area, if the entire setback area is planted and maintained with native vegetation double the density of a Class D landscape bufferyard utilizing suitable native vegetation for the habitat and thereafter placed under a conservation easement. The wetland setback required by this subsection shall not apply to mangrove or wetland fringes occurring along manmade canals, channels or basins;
   4. All listed threatened, endangered, commercially exploited, and regionally important native plant species shall be preserved, protected, relocated or replaced with the same species or equally rare species suitable to the site in accordance with section 30-1615;
   5. All non-invasive trees greater than 3 1/2 dbh shall be preserved, protected, relocated or replaced in accordance with section 30-1615; and
   6. Lands classified as disturbed wetlands of moderate or low functional capacity may be filled for development if adequate mitigation is provided, as may be permitted pursuant to division 5 of this article.
7. High quality tropical hardwood hammock. All structures developed, used or occupied on parcels of land that are evaluated as high quality hammock according to the habitat analysis set out in section 30-1613 shall be designed, located and constructed to incorporate the following:
   1. The required open space shall be preserved through a conservation easement to ensure long-term protection and management. The conservation easement will include a survey that defines the specific area of the required open space on the parcel proposed for development. The conservation easement shall require that the required open space be maintained in its natural condition, including the preservation of the canopy, midstory, understory, leaf litter and soil layers. The conservation easement shall prohibit all future development or any other activity that alters the natural character of the required open space (e.g. clearing, filling, pruning, raking, mulching). The conservation easement shall require initial and long-term control of Category I invasive exotic plants within the required open space;
   2. All development shall be designed to maximize the long-term ecological integrity of the required open space through the minimization of fragmentation and edge creation. When possible, all development shall be located in disturbed portions of the hammock, on hammock perimeters, and adjacent to disturbed areas to reduce fragmentation;
   3. Notwithstanding, the minimum open space requirements of section 30-1614, clearing shall be limited to a 5,000 square foot footprint for the principal structure of reasonable configuration as determined by the director of planning and development services. Additional cleared area for accessory uses and structures, including pools, decks, parking areas and recreational facilities shall be subordinate to the footprint of the principal structure. The parcel shall be limited to one driveway up to 18 feet in width and shall be exempt from the clearing limitation of this provision required to provide reasonable access to the property.
   4. All listed threatened, endangered, commercially exploited, and regionally important native plant species shall be preserved, protected, relocated or replaced with the same species or equally rare species suitable to the site in accordance with section 30-1615;
   5. All native trees with a diameter at breast height (dbh) of greater than 3 1/2 inches shall be preserved on-site. If on-site preservation is not possible, trees shall either be relocated or replaced with nursery stock of the same species or equally rare species of an appropriate size and at a ratio pursuant to the transplantation or restoration plan approved pursuant to section 30-1615 of this division;
   6. All specimen and champion trees shall be preserved in their natural condition;
   7. All invasive exotic plant species shall be removed from the parcel proposed for development prior to the commencement of construction. The entire parcel proposed for development shall be managed in perpetuity to avoid the introduction and/or establishment of all Category I invasive exotic plant species;
   8. A permanent feature, such as bollards with sign indicating "Conservation Area," as approved by the director of planning and development services shall be placed on the boundary between the required open space and the proposed development at a maximum spacing of 30 feet apart to facilitate long-term delineation and preservation of the required open space; and
   9. Prior to clearing, a five-foot construction impact zone will be incorporated into the site design. To prevent encroachment into adjacent habitats, a temporary construction barrier is required at the outer edge of the construction impact zone and shall be visible and of durable material such as wood, fabric, wire fencing, rope or wire cable. Barriers shall remain in place until final inspection for a certificate of occupancy or completion has been issued.
8. Moderate quality tropical hardwood hammock. All structures developed, used or occupied on parcels of land that are evaluated as moderate quality hammock according to the habitat evaluation index set out in section 30-1613 shall be designed, located and constructed to incorporate the following:
   1. The required open space shall be preserved through a conservation easement to ensure long-term protection and management. The conservation easement will include a survey that defines the specific area of the required open space on the parcel proposed for development. The conservation easement shall require that the required open space be maintained in its natural condition, including the preservation of the canopy, midstory, understory, leaf litter and soil layers. The conservation easement shall prohibit all future development or any other activity that alters the natural character of the required open space (e.g. clearing, filling, pruning, raking, mulching). The conservation easement shall require initial and long-term control of Category I invasive exotic plants within the required open space;
   2. All development shall be designed to maximize the long-term ecological integrity of the required open space through the minimization of fragmentation and edge creation. All development shall be located in disturbed portions of the hammock, on hammock perimeters, and adjacent to disturbed areas to reduce fragmentation consistent with the clustering provisions of this division;
   3. All listed threatened, endangered, commercially exploited, and regionally important native plant species shall be preserved, protected, relocated or replaced with the same species or equally rare species suitable to the site in accordance with section 30-1615;
   4. All native trees with a diameter at breast height (dbh) of greater than 3 1/2 inches shall be preserved on-site. If on-site preservation is not possible, trees shall either be relocated or replaced with nursery stock of the same species or equally rare species of an appropriate size and at a ratio pursuant to the transplantation or restoration plan approved pursuant to section 30-1615 of this division;
   5. All specimen trees shall be preserved in their natural condition;
   6. All invasive exotic plant species shall be removed from the parcel proposed for development prior to the commencement of construction. The entire parcel proposed for development shall be managed in perpetuity to avoid the introduction and/or establishment of all Category I invasive exotic plant species;
   7. A fence, native hedge, or other permanent feature approved by the director of planning and development services shall be placed on the boundary between the required open space and the proposed development to facilitate long-term delineation and preservation of the required open space; and
   8. Prior to clearing, a five-foot construction impact zone will be incorporated into the site design. To prevent encroachment into adjacent habitats, a temporary construction barrier is required at the outer edge of the construction impact zone and shall be visible and of durable material such as wood, fabric, wire fencing, rope or wire cable. Barriers shall remain in place until final inspection for a certificate of occupancy has been approved.
9. Low quality tropical hardwood hammock. All structures developed, used or occupied on parcels of land that are evaluated as low quality hammock according to the habitat evaluation index set out in section 30-1613 shall be designed, located and constructed to incorporate the following:
   1. The required open space shall be preserved through a conservation easement to ensure long-term protection and management. The conservation easement will include a survey that defines the specific area of the required open space on the parcel proposed for development. The conservation easement shall require that the required open space be maintained in its natural condition, including the preservation of the canopy, midstory, understory, leaf litter and soil layers. The conservation easement shall prohibit all future development or any other activity that alters the natural character of the required open space (e.g. clearing, filling, pruning, raking, mulching). The conservation easement shall require initial and long-term control of Category I invasive exotic plants within the required open space;
   2. All invasive exotic plant species shall be removed from the parcel proposed for development prior to the commencement of construction. The entire parcel proposed for development shall be managed in perpetuity to avoid the introduction and/or establishment of all Category I invasive exotic plant species;
   3. All listed threatened, endangered, commercially exploited, and regionally important native plant species shall be preserved, protected, relocated or replaced with the same species or equally rare species suitable to the site in accordance with section 30-1615;
   4. All native trees with a diameter at breast height (dbh) of greater than 3 1/2 inches shall be preserved on-site. If on-site preservation is not possible, trees shall either be relocated or replaced with nursery stock of the same species or equally rare species of an appropriate size and at a ratio pursuant to the transplantation plan approved in section 30-1615;
   5. All specimen trees shall be preserved in their natural condition;
   6. Prior to clearing, a five-foot construction impact zone will be incorporated into the site design. To prevent encroachment into adjacent habitats, a temporary construction barrier is required at the outer edge of the construction impact zone and shall be visible and of durable material such as wood, fabric, wire fencing, rope or wire cable. Barriers shall remain in place until final inspection for a certificate of occupancy has been approved.
10. Beach-berm complex. All structures developed, used or occupied on parcels of land which are classified as a part of a beach-berm complex shall be designed, located and constructed such that:
    1. All structures are elevated on pilings or other supports;
    2. Beach-berm material shall not be excavated or removed;
    3. No fill may be deposited on a beach berm except as permitted in this article;
    4. The clearing of beach-berm vegetation is limited to the minimum clearing required to allow development of a permitted use;
    5. All areas of disturbance are managed to avoid the introduction and/or establishment of invasive exotic species and all invasive exotic species shall be removed from the parcel proposed for development;
    6. No outdoor lighting shall be installed;
    7. No development shall be located within 50 feet of the landward toe of the beach berm complex known to serve as an active or potential nesting or resting area of marine turtles, terns, gulls or other birds except as specifically permitted in this chapter;
    8. No structure other than elevated walkways shall be located on the water side of the top of the dune or berm;
    9. All listed threatened, endangered, commercially exploited, and regionally important native plant species shall be preserved, protected, relocated or replaced with the same species or equally rare species suitable to the site in accordance with section 30-1615;
    10. All non-invasive or native trees greater than 3 1/2 inches dbh shall be preserved, relocated or replaced with nursery stock of the same species or equally rare species suitable to the site at a ratio of two replacements for every one tree removed pursuant to a transplantation program approved in accordance with section 30-1615; and
    11. A five-foot construction impact zone is provided and construction barriers are required at the outer edge of the construction impact zone and shall be visible and of durable material such as wood, fabric, wire fencing, rope or wire cable. Barriers shall remain in place until final inspection for a certificate of occupancy has been approved.
11. Disturbed lands. All structures developed, used or occupied on land which are classified as disturbed on the existing conditions map shall be designated, located and constructed such that:
    1. On lands classified as disturbed with tropical hardwood hammock:
       1. All listed threatened, endangered, commercially exploited, and regionally important native plant species shall be preserved, protected, relocated or replaced with the same species or equally rare species suitable to the site in accordance with section 30-1615;
       2. All specimen and champion trees shall be preserved in their natural condition;
       3. All non-invasive or native trees greater than 3 1/2 dbh shall be preserved, protected, relocated or replaced in accordance with section 30-1615;
       4. All areas of disturbance shall be managed to avoid the introduction and/or establishment of invasive exotic species; and
       5. All invasive exotic species shall be removed from the parcel proposed for development.
    2. On lands classified as disturbed with beach berm:
       1. All structures are on elevated supports;
       2. Beach berm material shall not be excavated or removed;
       3. No fill may be deposited on a beach berm except as permitted in division 2 of this article;
       4. Clearing of beach-berm vegetation is limited to the minimum required to allow development of a permitted use;
       5. All areas of disturbance shall be managed to avoid the introduction and/or establishment of invasive exotic species;
       6. No outdoor lighting shall be installed;
       7. No structure shall be located within 50 feet of the landward toe of the beach berm on shorelines which are known to serve as an active or potential nesting or resting area for marine turtles, terns, gulls or other birds;
       8. No structure other than elevated walkways shall be located on the water side of the top of the dune or berm;
       9. All non-invasive or native trees with a diameter at breast height (dbh) of greater than 3 1/2 inches shall be preserved, relocated or replaced pursuant to this division with nursery stock of the same species or equally rare species suitable to the site at a ratio of two replacements for every one tree removed pursuant to a transplantation program approved in accordance with section 30-1615; and
       10. All listed threatened, endangered, commercially exploited, and regionally important native plant species shall be preserved, protected, relocated or replaced with the same species or equally rare species suitable to the site in accordance with section 30-1615.
    3. On lands classified as disturbed or disturbed with exotics:
       1. All listed threatened, endangered, commercially exploited, and regionally important native plant species shall be preserved, protected, relocated or replaced with the same species or equally rare species suitable to the site in accordance with section 30-1615;
       2. All specimen and champion trees shall be preserved in their natural condition;
       3. All non-invasive or native trees greater than six-inch dbh shall be preserved, protected, relocated or replaced in accordance with section 30-1615;
       4. All areas of disturbance shall be managed to avoid the introduction and/or establishment of invasive exotic species; and
       5. All invasive exotic species shall be removed from the parcel proposed for development.

(Ord. No. 02-21, § 4(7.3.6), 2-21-2002; Ord. No. 02-29, § 15, 11-21-2002; Ord. No. 05-11, § 3(7.3.6), 6-23-2005)

In the event any land clearing, grading filling, or vegetation removal occurs on a site on which the development is outside the scope of any permit issued or for which no permit was issued, then the building official shall issue a stop work order that shall remain in effect until all of the following restoration conditions have been met:

1. Removal of all fill and restoration of the site to its pre-violation grade.
2. A restoration plan is submitted pursuant to section 30-1615. The restoration plan shall include the following:
   1. Replacement at a rate of 2:1 of the trees, shrubs, and ground covers on the unlawfully cleared site with native species as appropriate to the site cleared. The trees shall be of a size and maturity commensurate to the unlawful clearing as determined by director of planning and development services. The species diversity shall consist of the approximate percentages of the predominant tree, shrub and ground cover species on the site unlawfully cleared prior to the violation, but if any endangered or threatened tree, shrub or ground cover species were unlawfully cleared, then those species shall be replaced with plants of a size and maturity commensurate to and related to the unlawful clearing regardless of predominance.
   2. All replanted trees, shrubs, and ground covers shall be located on-site to the maximum extent possible. If not all the replacement plants can be physically replanted on-site, the remainder shall be donated to the village for restoration projects or to a government agency or a public or private conservation group to restore conservation lands. Alternatively, an amount of money equal to the rest of the replacement cost may be placed in an escrow account as provided in section 30-1615.
   3. A stipulation that all invasive exotic plant species, as described in article V, division 6 of this chapter, shall be continuously removed for a two-year period from the completion of the restoration.
   4. A stipulation that 100 percent of the trees replaced shall survive for a two-year period after the date of the last replanting. Dead or dying trees may be replaced during this period in order to assure the 100 percent minimum is met at the period end.
3. In lieu of completion of the restoration described in subsections (a) and (b) of this section, the building official may lift the stop work order if the following terms and conditions are met:
   1. The permit holder shall enter into a binding restoration agreement mutually covenanting with the village that, in consideration for the lifting of the stop work order, the permit holder will restore the unlawfully cleared property in the manner described in subsections (a) and (b) of this section according to the schedule required by the building official.
   2. In order to assure that the restoration agreement is carried out, a restoration guarantee shall be required. The restoration guarantee shall be the sum of the following amounts:
      1. 100 percent of the estimated cost of the restoration as estimated by the director of planning and development services in cooperation with the building official; or
      2. 100 hundred percent of the price of a binding contract for the restoration work entered into with a contractor qualified to perform such work; or
      3. 100 hundred percent of the price of a binding contract for the restoration work described in subsection (b) of this section is entered into with a Florida licensed landscape architect.
   3. One of the following forms of restoration guarantee, in the amount described in subsection (c)2 of this section, shall be submitted with the restoration agreement:
      1. Surety bond. The bond shall be in a form and with a bonding company approved by the village attorney. The bond shall be payable to the village, on or beyond a date 12 months from the date of the restoration agreement. Release of any bond shall be conditioned upon final approval by the building official of the restoration work.
      2. Cash escrow. An escrow account may be established in the amount required with a federally insured financial institution (hereinafter "escrowee") in a form that meets the approval of the village attorney. The account shall be administered by the escrowee in accordance with an escrow agreement entered into between the village and the permit holder. The building official is hereby authorized to enter into such an agreement on behalf of the village. The agreement shall, at minimum, require:
         1. The escrowee will pay to the village, or as the village directs, following the declaration of a default, such amounts as may be necessary to complete the restoration according to the terms of the restoration agreement. The sum held in the account may be reduced downward by the building official, but in no event shall the final ten percent be disbursed until the survivability rate and exotic maintenance requirements of subsections (b)3 and 4 of this section have been met.
         2. The permit holder shall agree to release the escrowee from all payments made pursuant to an order of the building official after a default has been declared by the village council.
   4. In the event the building official determines that the permit holder has failed to perform the restoration work according to the terms of the restoration agreement or has failed to comply with the terms of the guarantees hereinabove set forth, the building official, in consultation with the village attorney, may take one or more of the following actions:
      1. In the case of the cash escrow, the building official shall advise the permit holder, in writing, of the failure, giving the permit holder 30 days to cure the default. If the permit holder fails to cure the default, the building official may recommend to the village council that they declare the permit holder in default, and, upon written notification to the escrowee, some or all of the sums of money on deposit pursuant to the escrow agreement shall be disbursed by the escrowee or issuer solely upon the authorization of the building official, and the escrowee or issuer shall be released by the permit holder as to such payment.
      2. In the event of a surety bond, the building official shall inform the bonding company in writing of the default and request that it take the necessary actions to complete the required restoration.
4. An after-the-fact permit shall be obtained for any unauthorized vegetation removal. Mitigation requirements for after-the-fact tree removal include paying double the typical required permit fee and providing double the required replacement for the removal of canopy. The director of planning and development services and/or the village biologist may dictate the location of replacement trees for any unauthorized removal.
5. If the natural habit of growth of a tree is damaged or destroyed, the property owner shall install replacement trees as provided in section 30-1615 or conduct remedial maintenance actions to restore the health of the tree, if restoration is feasible within a two-year period. If remedial maintenance is conducted, the village may require a restoration plan and a bond for the tree replacement and specimen tree value of the tree (calculated prior to abuse). The village will release the bond after the property owner demonstrates restoration of the tree in accordance with the village-approved plan. If restoration of the tree has not been achieved by the end of the two year period, the village will collect on the bond. An abused tree, including one that is undergoing/has undergone restoration, may be required by the village to be removed if it threatens public safety or property, and a development permit for tree removal may be required.

(Ord. No. 02-21, § 4(7.3.7), 2-21-2002; Ord. No. 02-29, § 15, 11-21-2002)

Lands classified as disturbed wetlands of moderate or low functional capacity may be filled for development if adequate mitigation is provided:

1. Approvals or exemptions from the state department of environmental protection (DEP) and the U.S. Army Corps of Engineers (USACE) shall accompany all applications proposing development in wetlands.
2. Placement of fill within disturbed wetlands is subject to the environmental design clustering criteria set forth in this section and division 2 of this article. Less sensitive habitats on the subject parcel must be developed before disturbed wetlands are filled.
3. Disturbed wetlands proposed for filling will be evaluated by a qualified biologist using the Keys Wetlands Evaluation Procedure (KEYWEP) as follows:
   1. "Red-flag" wetlands are those wetlands whose high level of functional capacity and lack of disturbance prohibit development under any circumstances.
   2. High functional capacity wetlands are those wetlands that score at 5.5 or higher, regardless of previous disturbance. Development is prohibited under any circumstances.
   3. Moderate functional capacity wetlands are those wetlands that score below 5.5, but greater than or equal to 4.6. These wetlands are suitable for development with appropriate mitigation.
   4. Low functional capacity wetlands are those wetlands that score less than 4.6 and are assigned a "green flag" designation as suitable for development, these wetlands are suitable for development with appropriate mitigation.
   5. Wetlands determined by KEYWEP to have a high functional capacity, being those wetlands that score at or above 7.0 and those wetlands that are assigned a "red flag," shall have an open space ratio of 1.0.
   6. Wetlands determined by KEYWEP to have moderate or low functional capacity, being those wetlands that score below 7.0 or are assigned a "green flag," may be filled to a non-wetland elevation and shall be thus converted to a "disturbed" habitat. The open space ratio for a filled wetland will be 0.20.
   7. Debit Value. Wetland mitigation may be on-site or off-site, as determined by the USACE and DEP. The village shall review the determinations of the USACE and DEP to ensure that no net loss of wetlands occurs and may require additional mitigation as necessary.
   8. Notwithstanding any of the provisions of this division, a minimum vegetated setback of 25 feet shall be maintained as an open space buffer adjacent to all types of wetlands. The setback must be planted with a double density Class D landscape bufferyard utilizing vegetation suitable for the habitat as determined by the director of planning and development services.
   9. No structures shall be permitted within the wetland setback other than utility pilings and pile-supported walkways, docks and piers.
   10. The wetland setback required by this subsection shall not apply to tidally influenced mangrove fringes occurring along canals.

(Ord. No. 02-21, § 5(7.4.1), 2-21-2002; Ord. No. 02-29, § 16, 11-21-2002; Ord. No. 05-11, § 4(7.4.1), 6-23-2005)

It is hereby declared a matter of public policy that the protection and enhancement of properties of historic, cultural, archaeological, and architectural merit are in the interests of the health, prosperity, and welfare of the people of the village. Therefore, it is the intent and purpose of this division to:

1. Protect and enhance buildings, structures, improvements, landscape features, and archaeological resources of sites and districts which represent distinctive elements of the village's cultural, social, economic, political, scientific, prehistoric, and architectural history;
2. Safeguard the village's historic, cultural, archaeological, and architectural heritage, as embodied and reflected in such individual sites, districts, and archaeological areas;
3. Foster civic pride in the accomplishments of the past;
4. Protect and enhance the village's attraction to visitors and thereby support and stimulate the economy; and
5. Acknowledge historic property with minimal cost to the property owner.

(Ord. No. 02-14, § 1(7.6.1), 2-7-2002)

For the purposes of this division, the terms and phrases listed below shall have the following meanings:

Archaeological evaluation report means a letter prepared by the qualified archaeologist evaluating the potential significance of an archaeological site after issuance of a suspension order by the department.

Archaeological site means a property or location which has yielded or might yield information on the village, county, state or nation's history or prehistory. Archaeological sites are evidenced by the presence of artifacts and features on or below the ground surface indicating the past use of a location at least 75 years ago by people or the presence of non-human vertebrate fossils. Archaeological sites include aboriginal mounds, forts, earthworks, village locations, camp sites, middens, burial mounds, missions, historic or prehistoric ruins which are, or may be the source of artifacts or other items of significant archaeological value.

Archaeologist, qualified means an archaeologist who is a member of, or is qualified for membership in the Archaeological Council or the Society of Professional Archaeologists.

Certificate of appropriateness means a written authorization permitting specified alterations, demolition or other work to be done to a designated historic structure within a designated historic district or for a landmark. A certificate of appropriateness is not a building permit. A village building permit shall be issued prior to the commencement of work on a structure within a designated historic district or historic landmark. There are two types of certificates:

1. Standard certificate of appropriateness issued by the director of the department of planning and development services for ordinary repairs or maintenance to a designated historic structure within a designated historic district or landmark; and
2. Special certificate of appropriateness issued directly by the village council for the renovation, rehabilitation, restoration, or demolition of a designated historic landmark, structure within a designated historic district, new construction within a designated historic district, or for permission to dig in the case of an archaeological landmark.

All renovation, rehabilitation, restoration, or demolition of a historic public property landmark shall also be approved by the village council, following recommendation by the historic preservation commission.

Certified local government means a program administered by the U.S. Department of the Interior which enables communities to have a more direct part in both state and federal historic preservation programs.

Certificate to dig means a certificate that is necessary prior to:

1. Issuance of a development order for parcels identified on the map of known archaeological sites;
2. Removal of a suspension order on a site where artifacts or fossilized human remains or non-human vertebrate fossils are found during the development process.

Contributing structure means a structure contributing to the historic significance of a district which by location, design, setting, materials, workmanship, feeling, and association adds to the district's sense of time and place, and historic development.

Demolition means the complete constructive removal of a building, structure, or object or any part thereof on any site.

Demolition by neglect means abandonment of a building or structure by the owner resulting in such a state of deterioration that its self-destruction is inevitable, or where demolition of the building or structure to remove a safety hazard is a likely result.

Designated historic landmark means a building, site, structure, landscape feature or object that is designated as an archaeological, historic, or cultural landmark under this division.

Historic district means a geographically defined area possessing a significant concentration, linkage, or continuity of landmarks, improvements, or landscape features united by historic events or aesthetically by plan or physical development, and which area has been designated as a historic district. Such district may have within its boundaries noncontributing buildings or other structures that, while not of such historic or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual character of the district.

Historic preservation commission, referred to in this division as the HPC, means the board appointed by the village council to perform the functions delegated to it by this division.

Historic site means the geographical location of a historic landmark or district within the incorporated area of the village.

Historic survey means the results of a systematic process of identifying significant buildings, sites and structures through visual reconnaissance and research.

Improvement means changes in the condition of real property brought about by the expenditure of labor or money for restoration, renovation, rehabilitation, or reconstruction of a designated historic structure within a designated historic district or landmark.

Landscape feature means any vegetation or improvement including but not limited to, outbuildings, walls, courtyards, fences, shrubbery, trees, sidewalks, planters, plantings, gates, street furniture and exterior lighting.

Multiple property nomination means a group of related significant properties which share common themes, and are organized by historic contexts and property types.

National Register of Historic Places means the list of historic properties significant in American history, architecture, archaeology, engineering, and culture, maintained by the Secretary of the Interior, as established by the National Historic Preservation Act of 1966 (16 USCA 470), as amended.

Noncontributing structure means a building which does not add to the district's sense of time and place and historical development; or one where the location, design, setting, materials, workmanship, feeling and association have been so altered or deteriorated in such a manner that the overall integrity of the building has been irretrievably lost.

Ordinary repairs or maintenance means the work done to prevent the deterioration of a building or structure, or any part of a building or structure, by keeping the building or structure as nearly as practicable to its condition before any deterioration, decay, or damage.

Reconstruction means that process of reproducing by new construction, the exact form and detail of a demolished building, structure, or object, as it appeared at a certain point in time.

Relocation means the act of preserving a contributing structure within a historic district or historic landmark which cannot remain on its existing site by physically moving it to a new location.

Renovation or rehabilitation means the act or process of returning a structure within a designated historic district or landmark or the portion(s) of a structure that has historical or cultural significance to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historic, architectural, cultural, and archaeological values. For historic properties, or the historic portions of such properties that are of archaeological significance or that are severely deteriorated, "renovation or rehabilitation" means the act or process of applying measures designed to sustain and protect the existing form and integrity of a property, or re-establishing the stability of an unsafe or deteriorated property while maintaining the essential form of the property as it presently exists.

Restoration means the act or process of accurately recovering the form and details of a historic property and setting, as it appeared at a particular period of time, by means of the removal of later work or by the replacement of missing earlier work.

Secretary of the Interior's Standards for Rehabilitation (as Revised March 1990) means a federal publication that provides guidance on the sensitive rehabilitation of a historic property. The ten standards generally address design issues, which include character defining elements, changes which have occurred over the course of the property's history, desirable approaches to the repair of damaged features, appropriate cleaning methods, archaeological or paleontological resources, and new construction in connection with a historic property.

Undue economic hardship means an inordinate burden on the owner's use of his property or, in the case of properties producing income at the time of the application for a special certificate of appropriateness, failure to achieve a reasonable economic return as measured against commercial properties of similar nature and location as expected by market conditions.

(Ord. No. 02-14, § 1(7.6.2), 2-7-2002; Ord. No. 07-21, § 1, 7-26-2007)

Cross reference(s)—Definitions generally, § 1-2.

1. Historic preservation commission. The historic preservation commission (HPC) is a governmental agency of the village. The HPC is vested with the authority to make recommendations to the village council on the designation and regulation of village historic structures within a designated historic district and landmarks within the incorporated area of the village as prescribed in this division.
2. Appointment and membership qualifications. The HPC consists of no more than seven members each appointed by a majority vote of the village council. Each member shall be a resident of the village at the time of appointment and during the member's term(s) in office. Appointments shall be made on the basis of civic pride, integrity, experience and interest in the field of historic preservation. The village council shall attempt to nominate architects, realtors, archaeologists, historians, neighborhood activists, lawyers or other individuals from the business, financial and other segments of the community who, by virtue of their profession, business or civic involvement, have demonstrated concern for historic preservation. Membership on the board should be representative of the community at large and reflect a broad cross section of the community.
3. Membership removal, terms, and vacancies. The HPC members shall serve staggered terms of two (2) years. HPC members serve without compensation, but are entitled to the reimbursement of expenses as provided in F.S. § 112.061.
4. Organization and administration. The members of the HPC shall elect a chairperson and vice chairperson, for a one-year term each. The chairperson or, in the absence of the chairperson, the vice-chairperson, shall preside at all meetings and may vote. The director of planning and development services shall designate staff to advise and provide clerical support to the HPC. The village attorney shall be the attorney to the HPC. The director of planning and development services shall be the custodian of all HPC records. The HPC shall meet at least once per month at a date and time established by the HPC, unless there is no business pending.
5. Notice. Notice of meetings required under this division shall be given in accordance with section 30-213 of the Village Code.
6. Public hearings. All hearings required under this division shall be conducted in accordance with section 30-213 of the Village Code.
7. Powers and duties. The HPC has the following powers and duties:
   1. Adoption of its own procedural rules and regulations as necessary for the conduct of its business;
   2. Investigate and recommend to the village council the adoption of ordinances designating buildings, structures, sites having special historic, architectural and archaeological value as landmarks or historic districts, and if necessary, recommend rescission of such designations;
   3. Investigate and recommend to the village council the adoption of ordinances on whether a substantially damaged designated historic building, structure, object, or site may be reconstructed using the criteria set forth in this division;
   4. Conduct surveys of historically, architecturally and archaeologically significant structures and districts within the village;
   5. Advise the village council on all matters related to historic preservation policy, including the use, administration, and maintenance of publicly-owned historic landmarks;
   6. Make recommendations on nominations of a historic property to the National Register of Historic Places;
   7. Increase public awareness of the value of historic and architectural preservation by developing and participating in public education programs;
   8. Make recommendations to the village council concerning utilization of state, federal and private funds to promote the preservation of significant structures and historic districts within the village;
   9. Make recommendations to the village council concerning acquisition of a significant structure where its preservation is essential to the purposes of this act and where private preservation is not feasible;
   10. Review applications for special certificates of appropriateness and make recommendations to the village council regarding such applications; and
   11. Undertake any other action or activity specifically delegated to it or requested by the village council.
8. The HPC shall meet no less than four times per year. At a minimum of one meeting each year, the HPC shall identify those structures within the village which are historically, architecturally or archaeologically significant. The findings of the HPC shall be transmitted to the village council after each meeting of the HPC, for the review and consideration of the village council. The HPC shall otherwise encourage the identification, preservation and protection of historically, architecturally or archaeologically significant structures and sites.
9. All provisions of Chapter 2, Article V entitled "Village Boards, Committees and Commissions" of the Code not inconsistent with the provisions of this section 30-1693 shall appy.
   

(Ord. No. 02-14, § 1(7.6.3), 2-7-2002; Ord. No. 07-21, § 1, 7-26-2007)

1. The HPC shall investigate and make a determination as to whether a nominated landmark, property, building, structure, district or area meets one or more of the following criteria:
   1. Significance in the history of the village, the county, the state, or the United States, or association with events that are significant in the history of these entities;
   2. Association with lives of individuals significant in the past;
   3. Embodiment of the distinctive characteristics of a type, period, or method of construction, or representation of the work of a master, or possession of high artistic values, or representation of a significant and distinguishable entity whose components may lack individual distinction; or
   4. Yielding or likely to yield information important in prehistory or history.
2. Ordinarily cemeteries, birthplaces, or graves of historic figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years may not be recommended for designation as historic properties by the HPC. However, such properties may be recommended if they fall within one or more of the following categories:
   1. A religious property deriving primary significance from architectural or artistic distinction, or historic importance;
   2. A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event;
   3. A birthplace or grave of a historic figure of outstanding importance if there is no appropriate site or building directly associated with his productive life;
   4. A cemetery which derives its primary significance from the graves of individuals of transcendent importance, from age, from distinctive design features, or from association with historic events;
   5. A reconstructed building, when done in accordance with this division;
   6. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or
   7. A property achieving significance in the past 50 years, if it is of exceptional importance.

(Ord. No. 02-14, § 1(7.6.4), 2-7-2002; Ord. No. 07-21, § 1, 7-26-2007)

1. Properties previously designated by county. Properties designated by the county as of the date of village incorporation are hereby designated historic properties under this division.
2. Initiation of historic designation process. The designation process under this division shall be initiated by the submission of an application requesting historic designation to the department of planning and development services, on a form prescribed by the director, by either the owner of the proposed historic property, or his authorized agent. The applicant shall provide information which illustrates that the property meets the criteria for listing as set forth in this division. The information submitted must include sufficient preliminary information to enable staff's review for an initial determination that the property meets the minimum eligibility criteria. The proposal shall include a legal description of the property, a statement explaining the historic, architectural, archaeological, or cultural significance, photographs of the property, and any other materials or documents that may be used in evaluation of the subject site.
   1. The director of planning and development services shall have 15 working days to determine if the application is complete. If the director finds that the application is not complete, the director shall serve written notice to the applicant specifying the application's deficiencies. The director shall take no further action on the application unless the deficiencies are remedied.
   2. If the director or his designated representative fails to make a determination of completeness within 15 working days, the application is deemed complete.
   3. Once the application is deemed complete, the director shall prepare a designation report with recommendations for submittal to the HPC, and advertise and schedule a public hearing for consideration by the HPC of the requested designation.
3. Notice to owner. Notice of a proposed designation shall be sent by certified mail at least 15 days prior to the designation hearing to the owner of the property proposed for designation, inviting the owner to participate in the designation hearing to discuss the meaning of designation, the advantages, both historically and financially, of historic preservation of the property, and to encourage the property owner to preserve the property consistent with its historic character and proposed designation.
4. Designation hearing. Prior to making a recommendation for designation of any landmark or historic district to the village council, the HPC shall hold a public hearing no sooner than 15 days and within 60 days from the date of the filing of an application for designation. Notice of the time and place, including a description of the proposed designation of the property and its location, shall be published in a newspaper of general circulation in the village at least ten days prior to the hearing. The HPC, owners and any interested parties may present testimony or documentary evidence at the hearing, which will become part of a record regarding the historic, architectural or archaeological importance of the proposed landmark or historic district. The record may also contain expert testimony, public comments, or other evidence offered outside of the hearing.
5. Action by the historic preservation commission on the proposed designation. Following the conclusion of the public hearing, the HPC shall render its decision recommending approval or denial of a proposed historic landmark or historic district designation. If the HPC recommends approval of the designation, the HPC shall accurately describe all character-defining elements of the landmark or district.
6. Action by the village council. The village council shall consider the proposed designation and recommendations of the HPC and the director of planning and development services and shall act to designate the property as historic, or reject the proposed designation by way of resolution. The village council shall consider the recommendations at a public hearing. Notice of the public hearing shall be given to the property owner(s) by certified mail and to other interested parties by an advertisement in a newspaper of general circulation at least ten days prior to the hearing. At the conclusion of the public hearing, the village council shall, by written resolution grant, deny, or grant with conditions, the designation. The resolution shall contain an explanation of the basis for the village council's decision. Upon the filing of the resolution with the village clerk, the clerk shall send a certified copy of the resolution by registered mail to the applicant.
7. Moratorium. Upon the filing of an application for designation, until such time as a final decision has been made by the village council, no individual or private or public entity shall:
   1. Erect any structure on the subject property; or
   2. Alter, restore, renovate, move or demolish any structure on the subject property.
8. Reconstruction of substantially damaged historic sites. When a designated historic building, structure, object, or site has been substantially damaged, the HPC shall determine through an evaluation of architectural integrity, whether the building, structure, object, or site can be reconstructed using the following criteria.
   1. Whether there is sufficient evidence such as photo-documentation, scaled drawings, or other physical evidence to accurately depict the form and detail of the original resource.
   2. Whether the original construction materials, or substitute materials that are sufficiently similar so as to convey the original qualities of construction, are readily available.
   3. Whether the interior spaces are especially significant to the form and function of the building. If so, the HPC shall define the parameters necessary to adequately convey those interior spatial characteristics as requirements in the reconstruction effort.
   4. Whether the applicant has demonstrated a commitment to the reconstruction effort by making every reasonable effort to preserve or salvage the remaining significant features of the property.
   5. Whether there are other unique factors or circumstances that would make reconstruction desirable.
   If the HPC determines that a historic designated structure within a historic district or landmark may be reconstructed, the property owner may submit a reconstruction plan for consideration based on the criteria enumerated in this division. If the property owner chooses not to reconstruct, the HPC may recommend rescission of the historic designation using the procedure established in this division.
9. Reconstruction criteria. Reconstruction of a designated historic structure within a historic district or landmark shall be carried out in accordance with the following criteria.
   1. Reconstruction shall be used to depict non-surviving portions of a structure when such reconstruction is essential to the public understanding of the landmark or historic district, and documentary and physical evidence is available to permit accurate reconstruction.
   2. Reconstruction of a historic contributing structure within a historic district or landmark in its historic location shall be preceded by a thorough archaeological investigation identifying and evaluating those features and artifacts, which are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures shall be undertaken.
   3. Reconstruction shall include measures preserving any remaining historic materials, features, and spatial relationships.
   4. Reconstruction shall be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic landmarks or contributing structures within a historic district. A reconstructed contributing structure within a historic district or landmark shall re-create the appearance of the non-surviving historic site in materials, design, colors, and texture.
   5. All "reconstructions" shall be clearly documented as being contemporary re-creations.
10. Amendment or rescission of designation. A historic designation pursuant to this Division may only be amended or rescinded by complying with the same procedures as the original approval. However, the director of planning and development service's report need only contain a recommendation to grant or deny the rescission or amendment, and the reasons therefore.
    1. The HPC recommending rescission of the designation shall be based on competent and substantial evidence supporting the rescission.
    2. Final approval of rescission shall come from the village council.
    3. If rescission is the result of a request by the property owner, or as a result of the demolition of the historic structure by the property owner, the village council shall revoke the ad valorem tax exemption as provided in the Village Code.

(Ord. No. 02-14, § 1(7.6.5), 2-7-2002; Ord. No. 07-21, § 1, 7-26-2007)

1. Certificate of appropriateness required. No building, structure, improvement, landscape feature or archeological site which is designated shall be altered, restored, renovated, excavated, moved or demolished until an application for a certificate of appropriateness regarding any architectural features, landscape features or site improvements has been reviewed and approved pursuant to the procedures in this section.
   
   The village council shall adopt standards and guidelines based on the U.S. Secretary of the Interior's Standards for Rehabilitation by which applications for any certificate of appropriateness are to be measured and evaluated. In adopting these standards and guidelines, it shall be the intent of the HPC to promote maintenance, restoration, adaptive reuses appropriate to the property, and compatible contemporary designs which are harmonious with the exterior architectural and landscape features of neighboring buildings, sites and streetscapes. These guidelines shall also serve as criteria for the director of planning and development services to make decisions regarding applications for standard certificates of appropriateness. From time to time, the village council may adopt additional standards to preserve and protect special features unique to the village.
2. Standard certificate of appropriateness. A standard certificate of appropriateness is required for ordinary repair and maintenance that requires a building permit, except as elsewhere provided for in the Village Code. A standard certificate shall be issued for any work that will, to the satisfaction of the director of planning and development services, not change the appearance of the building, structure, or object. The owner of a designated historic structure within a historic district or landmark who desires a standard certificate of appropriateness shall file an application with the department of planning and development services, on a form prescribed by the director. Upon the receipt of a complete application for a standard certificate of appropriateness, the director of planning and development services shall approve the application, deny it, approve it with conditions, or pass the application on to the HPC for further review. If the decision is to deny or pass the application to the HPC, the director shall notify the owner of the decision by certified mail. A denied application shall include an explanatory statement of the director of the basis for the director's decision. The director's decision may be appealed pursuant to Division 4, Administrative appeals of article 4 Administrative procedures of chapter 30 of the Village Code.
3. Special certificate of appropriateness. A special certificate of appropriateness shall be required prior to the issuance of a building permit for any work involving the substantial improvement, relocation, or new construction that will result in a change to the original appearance of a designated historic structure within a historic district or landmark. The owner of a designated historic structure within a historic district or landmark who desires a special certificate of appropriateness shall file an application with the planning and development services, on a form prescribed by the director. The application shall contain the full plans and specifications, a site plan, and if deemed applicable, samples of any materials necessary to fully describe the proposed appearance, colors, texture, materials, and design of the building or structure, any outbuilding, wall, courtyard, fence, unique landscape feature, paving, signage, and exterior lighting. The information shall be adequate to enable the HPC to visualize the effect of the proposed work on the historic structure within a historic district or landmark. When the director of planning and development services determines that the application is complete, the director shall schedule and notice the application for a public hearing before the HPC. In determining whether to recommend approval or denial of the application, or grant it with conditions, the HPC shall evaluate the application according to a set of guidelines based on the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. At the conclusion of the public hearing, the HPC shall make a recommendation to the village council to either grant, deny, or grant with conditions, the application. Notice of the public hearing shall be given to the property owner(s) by certified mail and to other interested parties by an advertisement in the newspaper of general circulation at least ten days prior to the hearing.
4. The village council shall consider the recommendation of the HPC at a public hearing. Notice of the public hearing shall be given to the property owner(s) by certified mail and to other interested parties by an advertisement in a newspaper of general circulation at least ten days prior to the hearing. At the conclusion of the public hearing, the village council shall, by written resolution grant, deny, or grant with conditions, the application. The resolution shall contain an explanation of the basis for the village council's decision. Upon the filing of the resolution with the village clerk, the clerk shall send a certified copy of the resolution by registered mail to the applicant.
5. Unless otherwise provided in the certificate of appropriateness, both standard and special certificates of appropriateness shall expire after 365 days. The director of planning and development services may grant extensions of time of up to an additional 180 days for restoration or rehabilitation work only upon satisfaction that the scope of the work originally approved has not changed, and provided a written request is filed and work is commenced before expiration of the certificate.
6. Demolition. A special certificate of appropriateness is required before a demolition permit may be issued for the removal of all or a portion of a designated historic contributing structure within a historic district or landmark. This subparagraph shall not apply to a demolition order issued by a governmental agency with jurisdiction to issue such orders, or a demolition order of a court of competent jurisdiction. If the owner of a designated historic contributing structure within a historic district or landmark desires to demolish any significant feature(s), the owner shall file an application for a special certificate of appropriateness with the planning and development services department, on a form prescribed by the director. The application shall detail the reasons why demolition is necessary and shall provide detailed plans for the reuse of the historic site.
   1. When the director of planning and development services determines that the application is complete, the director shall schedule the application for public hearing before the HPC and cause notice of the public hearing to be given. If the application is determined to be incomplete, then the department shall request additional information by certified mail. In addition to all other provisions of this division, the HPC shall consider and make recommendation to the village council the following criteria in evaluating applications for a special certificate of appropriateness for demolition of designated properties:
      1. Is the structure of such interest or quality that it would reasonably meet national, state, or local criteria for designation as an historic structure or is so designated?
      2. Is the structure of such design, craftsmanship, or material that it could be reproduced only with great difficulty and/or expense?
      3. Is the structure one of the last remaining examples of its kind in the neighborhood, the county, or the region?
      4. Does the structure contribute significantly to the historic character of a designated district?
      5. Would retention of the structure promote the general welfare of the village by providing an opportunity for study of local history, architecture, and design or by developing an understanding of the importance and value of a particular culture and heritage?
      6. Are there definite plans for reuse of the property if the proposed demolition is carried out, and what will be the effect of those plans on the character of the surrounding area?
   2. The village council shall consider the recommendation of the HPC at the next regularly scheduled public hearing by the time the public notice requirements can be satisfied, or as such time as is mutually agreed upon between the applicant and the director of planning and development services. Notice of the public hearing shall be given to the property owner(s) by certified mail and to other interested parties by an advertisement in a newspaper of general circulation at least ten days prior to the hearing. At the conclusion of the public hearing, the village council shall, by written resolution grant, deny, or grant with conditions, the application. The resolution shall contain an explanation of the basis for the village council's decision. Upon the filing of the resolution with the village clerk, the clerk shall send a certified copy of the resolution by registered mail to the applicant.
   3. The village council may grant a special certificate of appropriateness to demolish with a deferred effective date of up to 12 months from the date of the council's decision. The effective date shall be determined by the council based upon the relative significance of the structure and the probable time required to arrange a possible alternative to demolition. During the demolition deferral period, the council may take such steps as it deems necessary to preserve the structure concerned, in accordance with the purposes of this section. Such steps may include, but shall not be limited to, consultation with civic groups, public agencies and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one or more structures or other features. After the specified expiration date of the deferred special certificate of appropriateness, a demolition permit may be issued by the village council at a public hearing.
   4. In connection with any certificate of appropriateness, standard or special, for demolition of buildings or improvements designated as historic landmarks or located within a designated historic district, the village council may require at the owner's expense, salvage and preservation of specified classes of building materials, architectural details and ornaments, fixtures, and the like for reuse in restoration of other historic properties. The village council may also require, at the owner's expense, the recording of the improvement for archival purposes prior to demolition. The recording may include, but shall not be limited to, photographs and scaled architectural drawings.
7. Economic hardship. Where, by reason of particular site conditions and restraints, or because of unusual circumstances applicable solely to the particular applicant property, strict enforcement of the provisions of this section would result in serious undue economic hardship that would amount to a taking of property without just compensation or, for properties producing income at the time of the application for a certificate of appropriateness, failure to achieve a reasonable economic return to the applicant, the village council shall have the power to vary or modify adherence to this section; provided always that its requirements ensure harmony with the general purposes hereof and will not adversely affect the village.
   1. In any instance where there is a claim of undue economic hardship, the owner shall submit, by affidavit, to the village council at least 30 days prior to the public hearing, the following information:
      1. For all property:
         1. The amount paid for the property, the date of purchase and the party from whom purchased; and
         2. The assessed value of the land and improvements thereon according to the two most recent assessments; and
         3. Real estate taxes for the previous two years; and
         4. Annual debt service, if any, for the previous two years; and
         5. All appraisals obtained within the previous two years by the owner or applicant in connection with his purchase, financing or ownership of the property; and
         6. Any listing of the property for sale or rent, price asked and offers received, if any; and
         7. Any consideration by the owner as to profitable adaptive uses for the property; and
         8. All cost estimates or reports relating to the demolition of the property obtained within the previous two years; and
         9. All cost estimates or reports relating to the rehabilitation or restoration of the property obtained within the previous two years; and
         10. All reports relating to the engineering, architectural, or construction feasibility of rehabilitating or restoring the property obtained within the previous two years; and
         11. All reports relating to the economic feasibility of restoring or rehabilitating the property obtained within the previous two years, including market studies.
      2. For income-producing property:
         1. Annual gross income from the property for the previous five years; and
         2. Itemized operating and maintenance expenses for the previous five years; and
         3. Annual cash flow, if any, for the previous five years.
   2. The village council may require that an applicant furnish such additional information as the council believes is relevant to its determination of undue economic hardship. The owner shall permit access to the subject property for the purpose of inspections and/or appraisals required by the council. In the event that any of the required information is not reasonably available to the applicant and cannot be obtained by the applicant, the applicant shall file with his affidavit a statement of the information which cannot be obtained and shall describe the reasons why such information cannot be obtained. It shall be the applicant's evidentiary burden however to support its claim that the denial of a demolition permit will cause undue economic hardship.
8. Demolition by neglect.
   1. Affirmative maintenance required. The owner of a property designated pursuant to this section either individually or as a contributing part of a district shall comply with all applicable codes, laws and regulations governing the maintenance of property. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of such properties and the interior portions thereof when maintenance is necessary to prevent deterioration and decay of the property. All such properties shall be preserved against such decay and deterioration and shall be free from structural defects through prompt corrections of any of the following defects:
      1. Facades which may fall and injure the subject property, adjoining property, or members of the public.
      2. Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports.
      3. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration.
      4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.
      5. Any fault or defect in the property which renders it structurally unsafe, insufficiently protected from weathering, or not properly watertight.
9. Archaeological landmark. A special certificate of appropriateness is required before a building permit or other development order may be issued for a designated historic site that contains an archaeological landmark or known archaeological site. This subparagraph does not apply to digging or other excavation conducted by entities devoted to scientific and archaeological research or education, when conducted solely for the purposes of research and education. An owner of an archaeological landmark or known archaeological site who desires to develop it shall file an application for a special certificate of appropriateness with the planning and development services department, on a form prescribed by the director.
   1. The application shall describe in detail the development proposed for the archaeological landmark together with a proposed site plan. The application shall also contain the following:
      1. A scientific evaluation of the site by an archeologist (including excavation if determined necessary by the archeologist) at the applicant's expense;
      2. An archaeological survey, conducted by an archeologist, containing an analysis of the impact of the proposed development on the archaeological site;
      3. A proposal for mitigation measures; and
      4. A proposed plan for the protection or preservation of all significant parts of the archaeological landmark.
   2. When the director of the planning and development services determines that the application is complete, the director shall schedule the application for a public hearing before the HPC and cause notice of the public hearing to be given. If the application is determined to be incomplete, then the department shall request additional information by certified mail. In determining whether to recommend to the village council to grant, deny, or grant with conditions, the application, the HPC shall consider the application according to the following factors:
      1. The extent to which the proposed development will alter, disturb, or destroy the archaeological landmark.
      2. The rarity or significance of the archaeological landmark within the county.
      3. Whether mitigation or a redesign of the proposed development will allow the archaeological landmark to be preserved intact while allowing the owner a reasonable economic return on his property.
      4. Whether a denial of the application will result in an inordinate burden being placed on the owner's use of his property.
   3. The village council shall consider the recommendation of the HPC at the next regularly scheduled public hearing by the time the public notice requirements can be satisfied, or as such time as is mutually agreed upon between the applicant and the director of planning and development services. Notice of the public hearing shall be given to the property owner(s) by certified mail and to other interested parties by an advertisement in a newspaper of general circulation at least ten days prior to the hearing. At the conclusion of the public hearing, the village council shall, by written resolution grant, deny, or grant with conditions, the special certificate of appropriateness. The resolution shall contain an explanation of the basis for the village council's decision. Upon the filing of the resolution with the village clerk, the clerk shall send a certified copy of the resolution by registered mail to the applicant.

(Ord. No. 02-14, § 1(7.6.6), 2-7-2002; Ord. No. 07-21, § 1, 7-26-2007)

1. Authority to continue nonconforming structures. Nonconforming structures that are federally or state designated as historic shall be permitted to continue in accordance with article V, division 3 of this chapter.
2. Exemption from flood elevation requirements. Structures that are federally or state designated historic as shall be exempt from FEMA flood elevation requirements in accordance with article VII, division 6 of this chapter.

(Ord. No. 02-14, § 1(7.6.7), 2-7-2002)

1. Nothing in this division shall be construed to prevent ordinary maintenance, repair, or improvement which does not involve a change of design, appearance, or material, or prevent ordinary maintenance of landscaping features.
2. Where the HPC determines that a designated historic building, structure, object, or site is endangered by lack of maintenance and repair, it shall notify appropriate officials of the village, so that the village may seek correction of such deficiencies under authority of applicable laws and regulations.
3. In the event the building official determines that any designated historic building or structure is unsafe pursuant to the village's adopted building code, he or she shall immediately notify the HPC of such findings. Where feasible within applicable laws and regulations, the building official shall endeavor to have the building or structure repaired rather than demolished and shall take into consideration any comments and recommendations of the HPC. The HPC may take appropriate actions to effect and accomplish preservation of such structure including, but not limited to, negotiations with the owner and other interested parties, provided that such actions do not interfere with procedures in the building code.

(Ord. No. 02-14, § 1(7.6.8), 2-7-2002; Ord. No. 07-21, § 1, 7-26-2007)

When one or more previously unidentified artifacts or human skeletal or fossilized remains or non-human vertebrate fossils are found on a property during development or other site-disturbing activity, all development or disruptive activity directly over the potential find shall immediately cease. Before any further development or disruptive activity continues, the following procedure shall apply:

1. The area directly over the potential find shall be staked by the property owner or an agent of the property owner, the contractor or subcontractor, or other party discovering the potential find.
2. Within one working day of discovering the potential find, the department of planning and development services and, if applicable, the property owner shall be notified.
3. Within three working days of discovering the potential find, the director of planning and development services shall cause an inspection and evaluation of the site by a qualified archaeologist for the purpose of determining whether artifacts or human skeletal or fossilized remains or non-human vertebrate fossils are located on the site. If the qualified archaeologist determines that a significant archaeological resource is on-site or is likely to be on-site, then the director shall issue an order suspending construction or other disruptive activity in the defined potential archaeological site, based on the archaeologist's assessment. This order shall not have the effect of a stop work order and shall not stop construction or other disruptive activity not directly impacting the defined potential archaeological site.
4. The qualified archaeologist shall evaluate the significance of the archaeological find, and shall send a written archaeological evaluation report to the property owner and to the director of planning and development services postmarked within seven working days from issuance of the suspension order.
5. In the archaeological evaluation report, the qualified archaeologist shall require that an application for a certificate to dig be prepared if the archaeologist determines that the site contains artifacts of significant archaeological value. If the qualified archaeologist determines that there is no reasonable possibility that artifacts of significant archaeological value are contained on the site, then the archaeologist shall make such a finding in the report and the department shall immediately lift the suspension order.
6. In order to encourage individuals to bring potential artifacts to the village's attention, private citizens engaged in disruptive activity which does not require a development order, who discover a potential artifact, fossil or remains, may request a waiver of application fees and shall not be subject to the timeframes required in this section.
7. If human skeletal remains are found, then F.S. § 872.05 controls.
8. If required, an application for a certificate to dig shall be submitted prior to an application for a development order. The application shall be on a form prescribed by the director of planning and development services. Only one certificate shall be required per property, unless additional resources are found during site development. The application shall include a report prepared by a qualified archaeologist which shall contain, at a minimum, a documented search of the Florida Master Site Files, a brief history of the area, an archaeological survey and field inspection performed in a professionally acceptable manner, an assessment of the archaeological significance of the site, and a proposed plan for management. All reports shall include the preparation of a Florida Master Site File form, which shall be forwarded by the department of planning and development services to the division of historical resources of the Florida Department of State.
9. Within three working days of receiving an application for a certificate to dig, the department of planning and development services shall make a determination whether the application is complete. If the application is determined to be incomplete, then the department shall request additional information by certified mail. When the application is complete, the department shall forward it to the HPC, which shall hold a hearing within 30 days of receipt of the application from the department. The department shall prepare its report on the application and provide a copy to the applicant at least ten working days prior to the hearing. Evaluation of the application by the department, HPC and the village council shall be guided by the requirements of this section, the recommendations included in the archaeologist's report, and the recommendation of the archaeologist who prepared the archaeological evaluation report.
10. The HPC shall respond to the application in one of the following ways:
    1. If the property is determined to have no significant archaeological value, the HPC shall issue the certificate to dig and lift the construction suspension order, if applicable, and development may proceed.
    2. If the property is determined to have significant archaeological value, the HPC shall recommend to the village council the certificate to dig with conditions that it deems necessary to protect or permit the excavation of any part of the site found to be of significance, including conditions regarding site design. In order to protect these resources, the HPC may recommend to the village council that the applicant to do one or more of the following:
       1. Preserve the archaeological site within open space of the development;
       2. Redesign the development to accommodate preservation of all or a portion of the site containing the significant archaeological resources; or
       3. The property owner may voluntarily fund or seek funding for the excavation of the resource, if agreed to by the department.
    3. The village council shall consider the recommendation of the HPC at the next regularly scheduled public hearing by the time the public notice requirements can be satisfied, or as such time as is mutually agreed upon between the applicant and the director of planning and development services. Notice of the public hearing shall be given to the property owner(s) by certified mail and to other interested parties by an advertisement in a newspaper of general circulation at least ten days prior to the hearing. At the conclusion of the public hearing, the village council shall, by written resolution grant, deny, or grant with conditions, the certificate to dig. The resolution shall contain an explanation of the basis for the village council's decision. Upon the filing of the resolution with the village clerk, the clerk shall send a certified copy of the resolution by registered mail to the applicant.
    4. If the HPC finds that it is impossible to adequately preserve the significant archaeological resources using the standards and procedures in subsection (10)(b) of this section, and the proposed development plan will adversely affect the resources, the HPC may recommend to the village council to delay issuance of the certificate to dig for up to eight weeks after the submittal of a completed application to it, so that either:
       1. Appropriate archaeological excavation may be conducted to properly extract and interpret the significant archaeological resources found on the site;
       2. The village may approach any recognized historic preservation agency to seek alternate solutions; or
       3. A buyer may be found to purchase the site for either site preservation or to allow detailed excavation, analysis and interpretation of the site.

(Ord. No. 02-14, § 1(7.6.9), 2-7-2002; Ord. No. 07-21, § 1, 7-26-2007)

Appeals from decisions of the HPC, director of planning and development services or village council under this division shall be pursuant to article IV, division 4 of this chapter, except for those appeals under subsection 30-1701(g) which pertain to national register nomination.

(Ord. No. 02-14, § 1(7.6.10), 2-7-2002; Ord. No. 07-21, § 1, 7-26-2007)

The HPC upon the village being granted certified local government (CLG) status will expand its powers and duties to include the review of national register nominations. Review of national register nominations is a function of a CLG and shall be governed by "Florida Guidelines for Certified Local Governments".

1. The director of planning and development services shall, within 30 days after receipt of a national register nomination, determine whether the nomination is technically complete and notify the nomination's sponsor of such determination.
2. If the nomination is technically complete, the director of planning and development services shall, at least 30 days by no more than 75 days prior to the HPC meeting at which the proposal is to be considered, notify the following:
   1. Owner(s) of record.
   2. Appropriate local official(s).
3. Nomination proposals to be considered by the HPC shall be on file in the village department of planning and development services for at least 30 days but no more than 75 days prior to the HPC meeting at which they will be considered. A copy shall be made available to the public upon written request to the village clerk.
4. Nomination proposals shall be considered by the HPC at a public meeting, and all votes shall be recorded and made a part of the permanent record of that meeting. All nominations proposals shall be forwarded, with a record of official action taken by the HPC and the recommendation of the village council, to the state historic preservation officer within 30 days of the meeting at which the nomination is considered. If either the HPC or village council or both support the nomination, the state historic preservation officer shall schedule the nomination for consideration by the Florida Review Board for the National Register as part of the normal course of business at the next regular meeting.
5. If both the HPC and village council recommend that a property not be nominated to the national register, the state historic preservation officer shall take no further action on the nomination unless an appeal is filed with the state historic preservation officer. Any reports and recommendations that result from such a situation shall be included with any nomination submitted by the state historic preservation officer to the U.S. Secretary of the Interior.
6. Any person or organization which supports or opposes the nomination of a property to the national register shall be afforded the opportunity to make its views known in writing. An owner(s) of a private property who wish to object to the nomination shall provide the HPC with a notarized statement certifying that the party is the sole or partial owner of the property as appropriate. All correspondence regarding a nomination proposal shall become part of the permanent record concerning the proposal and shall be forwarded with the approved proposals to the state historic preservation officer.
7. Appeals. Any person may appeal the decision of the HPC in its review of the national register nomination. Appeals should be directed to the state historic preservation officer in writing within 30 days of the decision of the HPC. Nominations or proposals which have been appealed shall be considered by the Florida Review Board for the National Register as part of the normal course of business at its next regular meeting. If the opinion is that the property or properties is or are significant and merit nomination to the national register, the state historic preservation officer shall notify the HPC within 30 days of the national register review board meeting of its intent to forward the nomination to the national register with a recommendation that the property or properties be listed.

(Ord. No. 02-14, § 1(7.6.11), 2-7-2002; Ord. No. 07-21, § 1, 7-26-2007)

The intent of the stormwater management regulations in this division is to provide safe management and disposal of stormwater from developed areas, and to protect natural resources to minimize or eliminate potential adverse impacts to surface waters, shallow groundwater, and natural resource areas within the village. The regulations in this division implement the village stormwater management master plan so as to minimize stormwater pollutant loading to canals and near-shore waters, and provide treatment solutions that are sensitive to ecological and natural resources.

(Ord. No. 02-15, § 1(7.7.1), 2-14-2002)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adverse impacts, stormwater management, means modifications, alterations, or effects on groundwater or surface water or wetlands, including quality, quantity, hydrodynamics, i.e., currents, flow patterns, surface area, species composition, living resources, or usefulness, which are or may be potentially harmful to human health and safety, or to biological productivity or stability, or which interfere with lawful enjoyment of life or property, including secondary, cumulative, and direct impacts.

Best management practices (BMPs), stormwater management, means those methods of stormwater management recognized by experts in the field as the most effective for treating or managing stormwater runoff. Refer to Florida Development Manual: A Guide to Sound, Land and Water Management, chapter 6, Stormwater and Erosion and Sediment Control Best Management Practices for Developing Areas.

Bleed-down device (orifice) means a discharge conveyance structure associated with detention facilities that allows stormwater attenuation volumes to be recovered.

Canal means an artificial waterway constructed for use by boats, for irrigation, or for recreational use.

Control elevation means the lowest point above sea level at which water can be released through the control structure.

Control structure means the element of a discharge structure which allows the gradual release of water under controlled conditions.

Credit means compensation for providing pervious or infiltration capacity which is incorporated into alternative stormwater treatment technology.

Detention means the delay of stormwater runoff prior to discharge into receiving waters.

Detention facility means a stormwater management structure or structures which provides for the delay of movement or flow of a specified volume of stormwater for a specified period of time.

Direct discharge means the release of stormwater through a control structure to a receiving water body.

Discharge structure means a device through, or over, which water is released from a stormwater management structure.

Drain means a channel, pipe, or other structure for the purpose of conveying water.

Drainage means removal of water from an area for the purpose of lowering the water level of that area.

Drawdown means change in surface water elevation within a stormwater management facility in response to its discharge. For retention facilities, drawdown represents the amount of surface water elevation change in response to infiltration. For detention facilities, drawdown represents the amount of surface water elevation change in response to discharge from a bleed-down device (orifice).

Engineer means a person registered and currently licensed to practice professional engineering in the state and other persons pursuant to the provisions of F.S. ch. 471 who are competent in the field of hydrology and stormwater management.

Erosion means the detachment and movement of soil particles from their original location.

Evaporation means the process by which any substance is converted from a liquid state into, and carried off in, vapor, i.e. evaporation of water.

Frequency means the anticipated cyclic return period of a storm event, e.g., 25-year storm.

Hydrograph means a graph depicting the flow rate of a discharge.

Impervious surface means a surface which does not allow, or minimally allows, the penetration of water into the ground; included as examples are: building roofs; normal concrete and asphalt pavements; and some fine-grained soils, such as clays.

Indirect discharge means release of stormwater from a system by means other than a control structure.

Maintenance means action taken to restore or preserve the functional intent of any stormwater facility or drainage structure or system.

Manmade water body means a water body that was created by excavation using mechanical means under human control and shall include a canal, cut basin or channel where its edges or margins have subsequently been modified by natural forces.

Operational entity means an acceptable, legally bound, responsible organization which agrees to operate and maintain the stormwater management system.

Pre-condition for stormwater runoff means topography, vegetation, rate, volume, direction and pollution load of surface water or groundwater flow existing immediately prior to development or redevelopment of a parcel.

Receiving body of water means a water body, watercourse, or wetland to which surface or discharge water flows.

Retention means the storage of a specific volume of stormwater runoff within a defined area having no direct discharge into receiving waters; included as examples are systems which discharge through percolation, drawdown, and evaporation processes.

Runoff coefficient (C) means the standardized factor from which runoff can be calculated.

Seasonal high water table means the groundwater level during the time of year when the greatest amount of rainfall normally occurs.

Sediment means solid material that settles to the bottom of a water body or is deposited when erosive velocity ceases.

Spreader swale means a properly designed and legally permitted drainage structure which has an underlying bed of rock positioned parallel to the receiving water body which allows for indirect discharge of stormwater in excess of the retained or detained volume.

Storm event means the occurrence of a rainfall of specified frequency and duration, e.g. 25-year/72-hour storm.

Stormwater management plan means the detailed analysis describing how the rainfall control system for the proposed development has been planned and designed and shall be constructed to meet the requirements of this division.

Stormwater management system means the natural and constructed features of the property which are designed to treat, collect, convey, channel, hold, inhibit, or divert the movement of surface water.

Stormwater runoff means that volume of rainfall which does not percolate into the ground, nor evaporates, nor is intercepted before reaching the stormwater management system.

Substantial increase in impervious area means an increase in impervious area greater than 1,000 square feet that is not adjacent to a canal or other water body or greater than 500 square feet that is adjacent to a canal or water body.

Surface water. See Water body.

Swale means a shallow constructed ditch depression with the bottom above the water table.

Tailwater means water located directly downstream from a surface water structure on a river, stream or creek.

Vegetative swale means a shallow constructed ditch depression with the bottom above the water table which is planted with greater than 90 percent vegetation.

Water body and surface water mean a natural or artificial watercourse, canal, pond, bay, and coastal waters of the village extending to a landward limit defined by F.A.C. 17-4.022 and F.S. § 403.031.

Water table means the subsurface boundary between the zone of saturation and the zone of aeration; it varies with such factors as tide and the amount of rainfall.

Watercourse means a channel, canal or stream bed, either natural or manmade, which is involved in the accommodation of floodwaters.

Wet detention means the delay of stormwater runoff prior to discharge into receiving waters in a structure with a bottom elevation below the water table or control elevation.

Wetlands is defined as provided in F.S. § 403.911.

(Ord. No. 02-15, § 1(7.7.2), 2-14-2002)

Cross reference(s)—Definitions generally, § 1-2.

All applicants for a village site plan approval or building permit, whichever shall earlier occur, including applications for the resurfacing of existing impervious areas, shall be required to obtain approval of a stormwater management plan, with the following exceptions:

1. Maintenance work on existing mosquito drainage structures for public health, safety, and welfare purposes, provided that the activities do not increase the peak discharge rate or pollutant load to the receiving water body.
2. Maintenance, alteration or improvement of an existing on-site structure which will not increase the existing peak discharge rate or stormwater pollutant load to the receiving water body, or result in the increase of impervious surface area of the site exposed to surface water runoff, except where it constitutes a substantial improvement to property.
3. Emergencies requiring immediate action to prevent material harm or danger to persons when obtaining a permit is impractical and would cause undue hardship in protection of property from fire, violent storms, hurricanes, or other natural disasters or hazards. The legal operating entity shall provide a written report of the emergency action to the village manager as soon as practicable within ten working days. All emergency action shall be temporary in nature, and be reversed or appropriately restored following termination of the emergency.
4. All land use categories are subject to regulations pursuant to this division unless specifically exempt by the village on a case-by-case basis.

(Ord. No. 02-15, § 1(7.7.3), 2-14-2002)

Applications for stormwater management plan approval shall comply with the design criteria, administrative procedures, and maintenance retrofitting requirements of this division and all other applicable provisions of this chapter, for the development of any property. Three copies of the application shall be submitted in accordance with the site plan procedures of section 30-215.

1. Uses which may provide short form application. Existing single-family residential, retail facility, hotel and motel uses may provide the short form application as described below:
   1. Development of a property where alteration or improvement is less than 1,000 square feet that is not adjacent to a canal or other water body.
   2. Development of a property where alteration or improvement is less than 500 square feet that is adjacent to a canal or other water body provided that an acceptable method of runoff retention/detention shall be provided between the development area and an adjacent canal or water body.
   3. If such applications are made more than one time in any five-year period for the property, the property shall not be qualified to make another short form application.
   4. Short form applications for the above shall contain the following:
      1. Description of proposed maintenance, alteration or improvement to the property;
      2. A site plan indicating the proposed alterations or improvements, property boundaries, buildings, landscaping features, floodprone areas, and existing detention/retention areas, including drainage calculations; and
      3. Utilize the stormwater design criteria technical manual for standards and minimum requirements.
2. Regular application. Except for the short form applications, all applications shall include the following:
   1. Drainage calculations. Engineering drainage calculations for both pre- and post-development conditions.
   2. Construction drawings. Proposed construction drawings attached which are signed and sealed by a professional engineer or architect.
   3. Stormwater management plan. The stormwater management plan shall comply with standard engineering practice and with all applicable federal, state and village regulations. It shall be signed and sealed by a state registered engineer or architect, except that the director of planning and development services may require that plans be signed and sealed by a state registered engineer when determined that the improvements or site work in question exceeds services purely incidental to architectural practice.
   4. Drainage map. The stormwater plan shall include as part of or as a supplement to the construction plans a drainage map showing all existing and proposed drainage features. The map shall be legible and is to be prepared on at a maximum scale not to exceed one inch equals 200 feet. The following shall be included on the drainage map:
      1. Drainage bounds, including all off-site areas draining to the proposed site;
      2. Sufficient topographical information with elevations to verify the location of all ridges, depressions, etc. (one-foot contour intervals);
      3. High water data on existing structures upstream and downstream from the site;
      4. Notes indicating sources of highway data;
      5. Notes pertaining to existing standing water, area of heavy seepage, etc.;
      6. Location and distances of adjacent property features (ditches, roadways, canals, etc.) and all existing property features (residence, driveway, etc.) that are at a proximity of a minimum of 100 feet of the proposed development, alteration or improvement, unless the ultimate stormwater system is a lesser distance in relation to the alteration or improvement area;
      7. Location and distances of existing on-site drainage features, including location of inlets, swales, ponding area, etc., as well as size, elevation and slope;
      8. Location and distances of the proposed on-site drainage features including location of inlets, swales, ponding area, etc., as well as size, elevation and slope;
      9. Location and distances of access to and easements for the stormwater system, as required by the village;
      10. Delineation of drainage sub-areas;
      11. General type of soils (obtain from soil survey of the county);
      12. Flood hazard classification; and
      13. Description of all existing ground cover.
   5. Lot grading map. The stormwater plan shall include as part of or as a supplement to the construction plans a lot grading plan. The map shall be legible and is to be prepared on at a maximum scale not to exceed one inch equals 200 feet. The following shall be included on the lot grading map:
      1. Elevation of each lot corner proposed and minimum proposed floor elevation based on National Geodetic Vertical Datum (NGVD);
      2. Proposed centerline pavement elevations (nearest 0.1 foot) in front of lot corners, centerline of intersections and center of culs-de-sac where applicable; and
      3. Proposed sidewalk locations.
   6. Vegetation plan. The stormwater plan shall include as part of or as a supplement to the construction plans a landscape and planting plan. The landscape plan shall be legible and is to be prepared at a maximum scale not to exceed one inch equals 200 feet and shall include planting cross sections where applicable.
   7. Stormwater calculations. The application shall contain stormwater calculations (refer to the village stormwater design criteria technical manual for specific stormwater calculation procedures) for the following retention/detention areas, including design high-water elevations for the 25-year storm event:
      1. Cross sections of retention/detention facilities;
      2. Typical swale or ditch sections; and
      3. Drainage, rights-of-way.
3. Legal operational entity requirements. The application shall identify an entity acceptable to the village attorney who agrees to operate and maintain the surface water management system. The following are examples of legal operational entities which may be acceptable:
   1. The property owner or his successors, if the property is wholly owned by said owner;
   2. Nonprofit corporations, including homeowners' associations, property owners' associations, condominium owners' associations, or master associations; or
   3. Governmental agencies.
4. State and federal permitting requirements. Approval of stormwater plans by the village does not relieve the applicant from state or federal stormwater permitting requirements, as appropriate, for the proposed development.

(Ord. No. 02-15, § 1(7.7.4), 2-14-2002; Ord. No. 11-06, § 3, 1-13-2011)

1. Review of stormwater management plans. The director of planning and development services shall review all stormwater management plans to evaluate the anticipated impacts of the proposed work on the following environmental features:
   1. Wetlands and isolated wetlands;
   2. Water bodies;
   3. Intermittent (seasonally wet) ponds;
   4. Mixed upland and wetland systems;
   5. Dunes/beach berms;
   6. Hammock areas;
   7. Uplands areas; and
   8. Preferred habitat of rare and endangered plant and animal species.
2. Treatment technologies by land use category. The applicant shall refer to the stormwater design criteria technical manual for land use category and preferred alternative stormwater treatment technologies.
3. Access by village. The owner shall provide adequate access and easements to permit the village right of entry to inspect and, if necessary, to take corrective action should the owner fail to maintain the system.
4. Dedication of areas and structures to village. If a stormwater system is to be maintained by the village, the applicant shall identify critical areas or structures to be maintained and dedicated to the village. The owner shall dedicate the areas and structures by plat or separate instrument, which dedication instrument shall be acceptable to and approved by the village council.
5. Evaluation of new stormwater management systems. All new stormwater management systems will be evaluated based on the ability of the system to prevent degradation of adjacent water bodies, the ability to conform to state water quality standards established in F.A.C. ch. 62-40, and the ability of the system to prevent flooding of on-site structures, adjacent properties, roads, and road rights-of-way based upon F.A.C. ch. 62-25.
6. Operation and maintenance of stormwater management facilities. Operation and maintenance of all stormwater management facilities shall be the owner's responsibility, unless such facilities are conveyed to and accepted by the village. Areas adjacent to open drainageways and ponds shall be graded to preclude the entrance of stormwater except at planned locations. Where retention/detention areas are located on the project periphery, the owner may be required to provide additional landscaping or screening to adequately protect abutting properties. The submittal of a proposed operation and maintenance schedule is required prior to final approval of the project. The owner shall submit annually an operation and maintenance report which shall include a minimum a description of the stormwater facility operations and photographic documentation of current site conditions.

(Ord. No. 02-15, § 1(7.7.5), 2-14-2002)

1. Properties shall be categorized for purposes of this division as follows:
   1. Category 1: Parcels which currently contain greater than 50 percent impervious area and where additional or site modification will cause no substantial increase in impervious area;
   2. Category 2: Not covered in Category 1 above and is less than two acres total; and
   3. Category 3: Not covered in Category 1 above and is two acres or more total.
2. All development shall be required to manage runoff in accordance with section 30-1727(a) for pollution abatement purposes. Additionally, development in Categories 2 and 3 property activities shall be required to limit the rate of discharge from the developed site to the rate of discharge emanating from the site prior to development, based upon a 72-hour/25-year frequency storm event, except those properties identified in section 30-1724(a). When pollution abatement volumes and detention volumes to reduce the peak rate of discharge are incorporated into one facility, the volume of water impounded to reduce peak discharges in excess of the pollution abatement volume must be evacuated by a positive, non-filtering system unless otherwise approved by the village.
3. Off-site easements for stormwater management facilities shall be required when either of the following conditions exist:
   1. The discharge is into any manmade facility for which the village does not have either a drainage easement or right-of-way; or
   2. The discharge is into a natural system such that the rate or character (i.e., sheet flow vs. concentrated flow) of the flow at the property line has been changed. The easement shall be required to a point at which natural conditions are duplicated.
4. Special engineering features to minimize the transport of floating debris, oil, and grease remaining in the detention volumes to reduce peak discharges shall be incorporated into the design of the outlet control structure. The design of this control system shall make adequate provision to minimize erosion.

(Ord. No. 02-15, § 1(7.7.6), 2-14-2002)

The applicant shall comply with the minimum general design standards as follows:

1. A stormwater management system designed and installed for the development shall contain provisions for:
   1. Pollution abatement (Category 1, Category 2, and Category 3): Refer to the Design Criteria, Performance and Maintenance section of the stormwater design criteria technical manual to determine required pollution abatement volume.
   2. Rate of discharge limitations (Category 2 and Category 3): The post-development peak rate of discharge permitted from the site shall not exceed the pre-peak rate of discharge from the site during a 72-hour/25-year frequency storm event. Those sites with no positive outfall shall be required to retain total runoff from a 72-hour/25-year storm event.
   3. Finished floor elevation: The finished floor elevation of a retention/detention facility shall be designed to contain a 100-year storm event with no discharge.
   4. Protection from flooding (Category 2 and Category 3): All structures are to be constructed in a manner consistent with flood protection and floodplain encroachment standards established in the village land regulations and comprehensive land use plan.
2. Airstrip, industrial, mariculture, and residential high land use activities shall provide for at least 0.5 inch of additional retention/detention pretreatment volume for redevelopment and at least 1.0 inch of retention/detention additional pretreatment volume for new development.
3. Systems with inlets in grassed areas, in conjunction with vegetated swales, shall be credited with up to 0.20 inch of the required wet detention amount for the contributing areas. Full credit shall be based on a ratio of 5:1 (pervious area: impervious area), with the exception of saltmarsh and buttonwood habitats, which will require a comparable ratio of 7:1. Vegetated and grassed areas must be permanently protected from vehicular use and structural encroachment.
4. Stormwater discharge facilities which discharge directly to sensitive receiving waters shall provide additional retention pretreatment equal to 50 percent of the total required volume, depending on the arrangement of on-site facilities. Sensitive receiving waters are defined as:
   1. Class III Outstanding Florida Waters; and
   2. Canals or other waterways (manmade or natural) connecting with these waters.
5. A 72-hour/25-year storm event shall be used in computing off-site discharge rates unless otherwise specified by the director of planning and development. However, if the site development has unusual site-specific conditions, the applicant may request an alternative discharge rate given supporting evidence.
6. A retention/detention system shall be required which limits peak discharge of a developed site to the discharge from the site in the pre-development condition during a 72-hour/25-year frequency storm event.
7. Stormwater management systems shall be located between the development and the receiving water body where appropriate.
8. Special engineering features to minimize the transport of floating debris, oil, and grease remaining in the detention volumes to reduce peak discharges must be incorporated into the design of the outlet control structure. The design of this control system should make adequate provision to minimize erosion.
9. Water surfaces can be deducted from site areas for water quality pervious/impervious calculations.
10. Prior to building permit approval, projects shall be required to receive appropriate permits from state and federal agencies to comply with the rules and regulations for stormwater facility design, performance, and discharge.
11. Discharged stormwater runoff shall not degrade receiving surface water bodies below the minimum conditions established by state water quality standards (F.A.C. chs. 62-302 and 62-25).

(Ord. No. 02-15, § 1(7.7.7), 2-14-2002)

1. Following site plan or building permit approval, as applicable and prior to construction, the permittee shall arrange with the village for scheduling the following inspections (these inspections may be scheduled along with other required inspections) before a certificate of occupancy is issued:
   1. Erosion and sediment control inspection. As necessary, during and after construction, to ensure effective control of erosion and sedimentation. Control measures (BMPs) shall be installed and stabilized between any waters and any areas cleared prior to land clearing;
   2. Bury inspections. Prior to the burial of any underground drainage structure; and
   3. Final inspection. When all work, including installation of all stormwater management system facilities, has been completed. The building official who inspects the work shall either approve or notify the permittee in writing in what respects there has been a failure to comply with the requirements of the approved permit. Any portion of the work which does not comply shall be corrected by the permittee within a timeframe deemed reasonable by the village, depending on the time needed to correct the violation and the effect of the violation on water and habitat quality, or the permittee shall be subject to the penalties of the Village Code. There shall be a fee for inspections as established by the Village Code or by resolution, and no certificates of occupancy shall be issued by the village without certification that the stormwater management system has been completed as authorized by the permit.
2. If the village determines that an approved stormwater management plan is not being carried out in accordance with the approved permit, or if any work subject to this division is being carried out without a permit, the village is authorized to pursue code compliance actions.

(Ord. No. 02-15, § 1(7.7.8), 2-14-2002)

The planning and development services department shall prepare, and from time to time revise, a stormwater design criteria technical manual, which shall provide an illustrative interpretation of the minimum design standards, details and maintenance requirements for stormwater management.

(Ord. No. 02-15, § 1(7.7.9), 2-14-2002)