It is the purpose and intent of this chapter to:

1. Preserve, protect, and improve the public health, safety, general welfare, and quality of life of the citizens of the City of Marathon, by conserving, managing, restoring, or enhancing natural and human-related resources that provide a healthful array of human, plant and animal life;
2. Implement the Comprehensive Plan, with particular emphasis on preserving and protecting biodiversity and the ecological values and functions of hammocks, wetlands, open bodies of water and flora and fauna; and
3. Protect the natural resources, open spaces, and historic character of the community in a manner that preserves and cultivates a unique sense of place while fostering economic well-being, maintaining adequate quality and quantity of water and land, and minimizing the present and future vulnerability to natural and man-made hazards.

It is unlawful for any person to develop any natural or historic resource regulated under this chapter without first obtaining the required natural or historic resources review and approval.

The provisions in this chapter are intended to accommodate development while also protecting and preserving valuable natural and historic resources. To further this objective, applicants shall be required to use sound environmental practices, and to plan for proposed activities and projects in the context of natural systems and historic features of the landscape. Applicants are required to use conservation design techniques such as clustering and density transfer to produce marketable projects while protecting natural and historic resources.

1. Satisfaction of Open Space Requirements. When land development involves a parcel that contains regulated natural or historic resources, the City's open space requirements shall be fulfilled first with regulated natural or historic resources. These natural resource areas shall be protected as conservation management areas through a Grant of Conservation Easement in accordance with Article 8 "Conservation Management Areas".
2. Clustering in Natural Areas. Avoidance or minimization shall be required for all natural areas (habitats pursuant to Chapter 106, Article 3, Table 106.16.1) to the maximum extent feasible. Where the applicant demonstrates that all reasonable steps have been taken in the attempt to avoid significant adverse impact to regulated natural resources, and proposed impact is consistent with the upland habitat limitations of this chapter (see required open space percentages in Table 106.16.1), development in regulated upland resource areas may be authorized as follows:
   1. Shall not constitute a significant adverse impact.
   2. Allowed units or commercial intensity (FAR) shall be calculated based on the allowed densities in the FLUM and zoning district within which the parcel proposed for development lies. This calculation shall be made for the entire area of the subject parcel(s) proposed for development. However, development shall be limited from the perspective of habitat class and open space (Table 106.16.1) in accordance with the clustering criteria established in Section 106.16, requiring the placement of development in the least sensitive habitat first, then the next least sensitive habitat, etc. The maximum density for any parcel shall be subject to the density allowed pursuant to Section 103, Article 3, Table 103.15.2, "Density, Intensity, and Dimensions for Zoning Districts" for all habitats which are provided density under the LDRs. Density within any Class I or II habitat within a parcel subject to development may be exceeded as long as the open space requirements are met and the density for the total area of the parcel is not exceeded. All aspects of the LDRs must be met, particularly open space requirements, setbacks and height. For residential uses, reasonable access shall be allowed as follows:
      1. A driveway shall not exceed 12 feet in width serving single-family uses; and 24 feet serving multi-family parcels (excluding roadways serving multiple-family parcels); and
      2. Driveways and roadways shall be located and designed to avoid or minimize adverse impacts on the protected resource(s), balancing such resource protection with the need for safe access to the site. When driveways are proposed to pass through Class III habitats within which regulated trees or native vegetation are identified, the driveway should be placed to minimize the removal of these regulated species to the greatest extent practicable and in accordance with the provisions established in Article 2 of this chapter.
   3. Parcels, lots, building areas, and driveways shall be configured to minimize overall impact to ecosystem integrity (Class I and II habitats), utilizing reduced construction footprints, or modified or innovative construction techniques. Modification of the development footprint shall minimize the impact on existing native understory and canopy trees.
   4. Development shall be clustered on the least environmentally sensitive portion of the parcel as listed in Table 106.16.1. When a parcel proposed for development contains more than one (1) habitat type, all development shall be clustered in the least environmentally sensitive portions of the parcel. Development permitted on the least sensitive portion(s) of a parcel shall be clustered within that portion(s) of the parcel to avoid impacts on existing native understory and canopy vegetation; shall achieve the maximum density or intensity possible without violating other aspects of the LDRs; shall fully utilize the net buildable area of the habitat prior to expanding to the next least sensitive habitat type on the site; and in no instance shall the density or intensity of the parcel(s) subject to development exceed the density or intensity allowed for the sum of all habitats provided density or intensity under the LDRs (See Table 103.15.2, "Density, Intensity, and Dimensions for Zoning Districts.") If the parcel(s) subject to development only exhibit Class III habitats as defined in Table 106.16.1, then the standards applied will be in accordance with Article 2 of this chapter.
   5. Clearing of native vegetation (Class I and II habitats) shall be limited to the immediate development area which shall be shown as the area of approved clearing on the site plan approved by the City Biologist and shall be subject to the mitigation and management requirements of this chapter. Clearing or transplantation of and mitigation for regulated trees or native vegetation found in Class III habitats shall be permitted in accordance with Article 2 of this chapter.
   6. Champion trees and specimen trees shall not be disturbed.
   7. No impact shall be allowed to wetlands or associated wetland buffer areas (Class I and II habitats), except as consistent with the requirements of Section 106.28 "Water Resource and Wetland Buffer".
3. Eligibility for Transfer of Development Rights (TDR). Transfers of Development Rights (TDR) may be proposed for two (2) or more separate tracts of land to facilitate transfers of density rights from regulated natural resource areas pursuant to Article 3 "Transfer of Development Rights", Chapter 107. Such sending sites shall be designated as conservation areas on the City of Marathon Habitat Maps and shall be protected as conservation management areas through a Grant of Conservation Easement.

Unless otherwise exempted elsewhere in this article, all applications for proposals with potential adverse impact to natural resources (including any of the habitats listed in Table 106.16.1, except Class III habitats, including, but not limited to; applications for land use change, FLUM or zoning change, subdivision and platting, conditional use permits and development agreements, and site plan approval, shall include an assessment of the natural resource information, including a habitat analysis where applicable. The assessment shall be complete at or before the preliminary development review stage.

1. Minimum Contents. The assessment shall include, at a minimum, the following:
   1. Cover letter and/or executive summary, including written explanation of the need and intent of the project and description of construction or alteration methodologies.
   2. Maps drawn to scale, including a north arrow and scale showing the following:
      1. Location of project site in relation to major roads or other readily identifiable landmarks, showing parcel boundaries with dimensions.
      2. Existing roads, structures, utilities, and other existing conditions and noteworthy features.
      3. Identification of all regulated natural resources (Class I and II habitats) or the locations of identified regulated trees or native vegetation (Class III habitats), labeled by resource type.
      4. Proposed location of protected conservation resources and open space pursuant to Articles 2, 3, 4 of this Chapter.
      5. Potential connections to existing adjacent preservation or conservation resources.
      6. Statement of the proposed measures to protect natural resources, or to avoid, minimize, or mitigate impacts on natural resources, including the development siting and construction and stormwater management plans.
2. Additional Information. Additional data and analysis may be required by the City Biologist as appropriate to the complexity of the proposed activity and types of natural or historic resources identified. Such information may include, but is not limited to:
   1. A Habitat analysis prepared according to Section 106.18 of this Chapter.
   2. Wildlife corridors, biodiversity hot spots, strategic habitat conservation areas, or element occurrences identified by the U.S. Fish and Wildlife, Florida Department of Environmental Protection, Florida Natural Areas Inventory, or South Florida Regional Planning Council, to analyze potential habitat connectivity issues.
   3. A mitigation and monitoring plan.
3. Use of Assessment. The City shall review and evaluate the natural resources assessment to determine whether the proposal is consistent with the Comprehensive Plan and the LDRs and to identify appropriate site designs and strategies that maintain and protect the functions and values of natural and historic resources.

1. Federal, State, and Water Management District. An applicant for any approval subject to this Code shall provide to the City of Marathon copies of permit applications, approvals, and compliance and enforcement actions, with the South Florida Water Management District and state and federal environmental permitting agencies. Applicants are encouraged to coordinate site inspections between the City and other relevant agencies in order to streamline review and approval.
2. Administrative Approvals. Building permits, certificates of occupancy, and other administrative permits and approvals shall not be issued until documentation of all appropriate approvals has been received by the City. This includes, but is not limited to; copies of all applicable federal, state, and water management district permits, as well as local permits, natural and historic resource inventories and assessments.
3. Best Management Practices. All mitigation and management plans shall be subject to the stormwater management standards of this chapter, Article 11 "Stormwater Management" of Chapter 107 and must be consistent with the requirements of DEP, SFWMD and ACOE.
4. Public Projects. Public projects, including utilities, public facilities, and travel corridor modifications, shall meet the same standards as private projects. In the case of a public project for which it is demonstrated that there is no prudent and feasible alternative that avoids adverse impacts to regulated natural and historic resources, the project shall incorporate appropriate design features that enhance habitat connectivity, provide for safe wildlife passage and other significant environmental benefits.
5. Other Permits Not Determinative. The issuance of a dredge and fill permit, environmental resource permit, or other such permit or approval by a federal or state agency, water management district, or other governing body shall not obligate the City of Marathon to grant approval pursuant to this chapter, and shall not be deemed to satisfy the requirements of the Plan and LDRs.

The following activities are exempt from submitting a natural resource assessment with their application for development approval.

1. Single-Family Residence. Projects that propose development of a single-family residence, subject to approval by the City Biologist; however, a habitat analysis may be required.
2. Removal of Invasive Vegetation. Projects for which a plan has been approved by a federal, state, or local agency or water management district for the removal of undesirable invasive or non-native vegetation on lands owned, controlled, or managed for conservation purposes, excluding vegetation in surface waters and wetlands.
3. Parks and Recreation. Alteration of vegetation pursuant to an adopted management plan for government maintained parks, recreation areas, conservation areas and preserves.
4. Activities Authorized by City Approved Management Plan. Activities consistent with a management plan adopted by, or reviewed and approved by the City of Marathon, provided that the activity furthers the natural values and functions of the ecological communities present, such as construction of fences.
5. Existing Utility Installations and Road Right-of-Way. Alteration of vegetation within an existing utility easement post installation, where the vegetation is interfering with services provided by a utility or alteration of vegetation within an existing road right-of-way for normal maintenance activities. Alteration associated with new construction, or with the acquisition or transfer of easements or right-of-way, is not an exempt activity.
6. Fencing. The minimal removal of trees or understory along a path of three (3) feet or less in width as necessary to install a fence or wall authorized pursuant to a City development permit, provided that no equipment heavier than a one-ton pick-up truck, handheld outdoor power equipment or a standard farm-type tractor is used in clearing for the fence or installing the fence, no excavation or fill is required other than the installation of posts and fence materials, and navigational access will not be impaired by the fence construction.
7. Survey or Other Test Required. The necessary removal of vegetation by, or at the direction of, a State of Florida licensed professional surveyor and mapper, professional geologist, or professional engineer to conduct a survey or other required test, provided that the path cleared does not exceed three (3) feet in width.

The purpose of this article is to implement policies contained in the City Comprehensive Plan to preserve, protect, and encourage the proliferation of trees and native vegetative cover within the City of Marathon, as well as relocation or replacement where necessary, and to control and eliminate invasive non-native species.

1. Regulated trees include Champion trees, Specimen trees, commercially exploited, threatened or endangered trees, regional important and native species. Examples of tree species that are of significant value to the natural environmental systems and to the population in general are identified on Table 106.12.1 "Regulated Trees"; for a complete list of regulated trees, contact the City Biologist.
2. All land clearing and regulated tree removal in all land uses and zoning districts shall be prohibited without prior approval.
3. Regulated trees shall not be removed after the issuance of a certificate of occupancy without securing a tree removal permit.
4. Existing native vegetation on a development site shall be protected in accordance with the following requirements in the LDRs:
   1. Provision of Open Space in accordance Table 106.16.1 and with Article 9 of Chapter 107;
   2. Protection of natural plant and wildlife habitat in accordance with Article 3 of this chapter;
   3. Protection of all other conservation areas as identified in this chapter;
5. The planting of non-native vegetation listed in F.A.C. 62C-52.011, Florida Prohibited Aquatic Plants List, and F.A.C. Rule 5B-57, Florida Noxious Weed List, shall be prohibited. The removal or control of all non-native invasive species shall be encouraged where not required to be removed by this chapter.
6. For the purposes of this chapter, a qualified professional includes a landscape architect, approved biologist, certified environmental professional, certified urban forester, or certified arborist. Additionally, for the purposes of mangrove trimming, a qualified professional shall also include a professional mangrove trimmer as certified by the Department of Environmental Protection.

A tree removal permit is required for the removal of trees and alteration of associated native vegetation as set forth below:

1. Development Applications. All development applications shall be subject to the permit conditions for tree removal set forth below.
   1. At a minimum, applicants for site plans shall be required to have a vegetation survey prepared to locate any regulated trees.
   2. Unless prohibited by the City Biologist, removal or eradication of prohibited and discouraged non-native vegetation, identified in this section should be completed for the entire parcel concurrent with the permitted tree removal.
   3. Site plans shall be developed in consultation with the City Biologist and shall incorporate each regulated tree and associated native vegetation in its original location to the greatest extent possible within the drip line area of the regulated tree. In creating a plan to minimize the removal of regulated trees and associated native vegetation, consideration shall also be given to preserving non-invasive trees that exhibit the following characteristics:
      1. Trees located within regulated natural resource areas or habitats, which may be protected as conservation management areas. Required conservation and open space area within natural resource areas shall remain completely undisturbed including canopy, understory and groundcover vegetation and substrate.
      2. Creation or extension of connectivity or linkages to other natural areas in the form of tree and vegetation corridors.
      3. Existing regulated trees and native vegetation.
      4. Existing natural tree and vegetative groupings.
      5. Plantings that complement the project's design including enhancement of the architecture, landscape architecture, and streetscape appearance.
      6. Plantings located in required buffer areas.
      7. Plantings that screen unpleasant views or those that augment desirable views.
      8. Plantings that provide shade to structures, seating areas, or other pedestrian activity areas within or associated with the project.
      9. Plantings that complement or augment stormwater system design.
      10. Plantings that are disease and insect resistant.
      11. Plantings that have strong branching and root characteristics with resistance to high winds.
      12. Plantings that are salt tolerant.
2. Additional Permit Conditions. A tree removal permit may also be issued for the removal of regulated trees, provided the City has determined there will be no significant adverse environmental impacts under the following circumstances:
   1. Trees that are under attack from infestations of harmful insects, fungi, viruses, or other diseases that are not generally present on other trees of the same species but may reasonably be expected to spread to trees not currently so infested.
   2. Trees that constitute an immediate safety hazard either to persons, domestic animals, buildings and other structures, or to motor, bicycle, or pedestrian traffic.
   3. Trees that by the growth of its branches or roots is or will cause progressive damage to buildings or structures and where no reasonable correction or prevention method is available other than removal of the trees.
3. Application Requirements. At the time of permit application, and prior to any land clearing or alteration, all applicants for a tree removal permit shall submit information necessary to fully understand the extent, nature, and potential impacts of the proposed project.
   1. Permit Applications. In addition to a completed application form, the applicant shall at a minimum submit a vegetation survey and a description of the project with the identification of location and extent of all areas proposed for tree removal or clearing including the methods to be used for removal. Description shall also include areas of the project that contain utilities, utility easements, and proximity to buildings and other structures on the site.
   2. Site Plan Approval. In addition to the common application requirements in Chapter 102 Article 2 "Common Development Application Elements", the following information shall be required with applications for site plan approval:
      1. A recent aerial photograph with the parcel clearly delineated and representative color photographs;
      2. A certified site plan or survey, where applicable, showing all easements (both plan view and cross-sectional view sketches may be required);
      3. Identification of the type and location of native vegetation in the vicinity of, and likely to be affected by the project. This information is to be incorporated into one (1) or more of the following noted documents (in Subsections (b)—(f), herein);
      4. A Vegetation Survey for the entire parcel proposed for development. The Vegetation Survey shall graphically depict the location of each regulated tree and/or vegetated area to remain undisturbed on the parcel during construction and shall list all species found on-site along with a general description of the condition of the vegetation. This Vegetation Survey shall be incorporated as a part of a Site plan package;
      5. Either as a separate numbered list or a numbered tabular list on the Vegetative Plan a complete summary of all regulated trees and vegetation within the proposed building area (area to be cleared) indicating the species of tree, the diameter at breast height (DBH) in caliper inches, the condition of the tree, and whether it is proposed to be keep in place, relocated, removed, or mitigated for the removal;
      6. Methods of erosion control;
      7. All required documents of these sections must be prepared by a biologist, landscape professional, arborist or other qualified professional approved by the City Biologist.
4. Vegetation Physical Protection during Construction.
   1. Undisturbed Area. The boundary of the area to be protected shall be at least equal to the area of the drip line of the outermost tree or trees in the undisturbed area. All natural resource areas, especially hammocks, cactus barrens, and any wetlands that are outside of approved clearing areas shall be protected from construction impacts.
   2. Barrier Placement and Usage.
      1. The required vegetation protection within 50 feet of any construction activity or area used for storage of construction materials shall be enclosed within a protective barrier to limit access to the protected area, prevent the compaction of soil and the destruction or damage of the trees.
      2. Prior to any construction activity, the installation of the barriers shall be approved by the City Biologist.
      3. The protective barriers shall not be relocated without the approval of the City Biologist.
      4. The protective barriers shall remain in place and intact until construction is completed.
   3. Barrier Construction.
      1. The posts shall be wood posts a minimum of two (2) inches × four (4) inches, steel or galvanized posts a minimum of two (2) inches diameter, or other post material of equivalent size and strength.
      2. The posts shall be placed not more than 12 feet apart, and implanted deeply enough in the ground to be stable with at least three (3) feet of the post visible above the ground. A top rail shall be attached to all posts.
      3. The posts and top rail shall be linked together by a brightly colored net fence fabric.
      4. The barrier shall not be located in such a way as to cause harm to the protected vegetation.
      5. As an alternative to the above fencing details the City may require alternative fencing materials, such as chain-link fencing, on a case-by-case basis where additional protection is necessary due to intensity of construction activity, vulnerability of trees or native vegetation to be protected, or similar circumstance.
   4. Restrictions within the Undisturbed Areas.
      1. All construction activities shall be prohibited within the undisturbed area including all digging, trenching, construction lay-down areas, placement of hazardous materials, including fuels and solvents, placement of fill or soils, and parking of construction vehicles or employee vehicles.
      2. No attachments or wires other than those of a protective and nondamaging nature shall be attached to any tree.
      3. No grade changes shall be made within any undisturbed area without prior approval of the City Biologist. If a grade change is made and roots larger than one (1) inch in diameter are damaged or exposed, they shall be cut cleanly and recovered with soil and completed under the direct supervision of a certified arborist.
      4. Planting in undisturbed areas outside the approved clearing area, including natural resource conservation areas and required open space areas is strictly prohibited. Only in the case of enforcement action approved by the City Biologist in response to unauthorized clearing or vegetation damage in this area shall planting be allowed and then, only pursuant to a plan approved by the City Biologist.
   5. Repair of Damage. Trees that have been destroyed or received major damage during construction shall be replaced prior to the issuance of the Certificate of Occupancy and in accordance with Table 106.11.1 "Tree Removal Mitigation Table".

Relocation, replacement, or mitigation shall be required for the alteration of regulated trees as set forth below:

1. A regulated tree may be relocated in a manner to ensure survivability if there is no reasonable alternative that allows incorporation of the tree into the parcel design, as determined by the project's landscape architect and approved by the City Biologist.
2. The parcel owner shall provide irrigation, mulch, and other practical means to ensure survival of any relocated tree. If a relocated tree does not survive within a period of one (1) year, it shall be replaced with a native tree of similar size or by another mitigated method required by the City Biologist.
3. If a regulated tree cannot be retained or relocated, the parcel owner shall install replacement plantings pursuant to Table 106.11.1 "Tree Removal Mitigation Table".
4. If on-site planting is not feasible due to physical constraints such as limited space or unsuitable soils, off-site replacement may be allowed on public lands, within common areas, or native upland areas but with plantings approved and in quantity as designated by the City Biologist.
5. Unless otherwise approved by the City Biologist, at least 65 percent of the trees planted as mitigation for the removal of regionally important plant species trees shall be the same species as the trees removed, provided that the mitigation tree is locally available.
6. If suitable receiver sites (public lands, common areas) are not available at the time of mitigation, payment to the City Restoration Fund shall be made pursuant to Section 106.20 C.

1. Monitoring Time Frames. Monitoring time frames shall be established for mitigation and replacement trees, as needed. Native trees that are planted, in excess of the requirements for landscaping within Article 8 of Chapter 107, may count toward mitigation requirements for tree replacement.
2. Size and Type of Replacements. Replacement trees shall consist of native vegetation, indigenous to the area, and be Florida Grade No 1 or better in quality according to the current, most recent edition of "Grades and Standards for Nursery Plants," published by the Florida Department of Agriculture and Consumer Services, Article of Plant Industry.

When regulated trees or vegetation are removed or damaged without a permit or when trees that were to be preserved in place or relocated are damaged or destroyed during activities conducted with a permit, they shall be replaced at double the rate identified in Table 106.11.1, below.

Table 106.11.1 Tree Removal Mitigation Table

1. Regulated Tree List. The list of trees identified in Tables 106.11.1 and 106.12.1 includes those native trees identified by the City to be of notable interest or high value for their species because of their age, size, condition, historic association or uniqueness. As part of the development review process, protection of these species through preservation or relocation will be determined on a tree-by-tree basis by the City Biologist.
2. Prohibited Invasive Exotic List. In addition to the species identified in Table 106.12.2 includes species expressly prohibited in the Florida Keys, as recommended by the Florida Keys Invasive Exotics Task Force.
   
   Table 106.12.1
   Regulated Trees
   
   

   Latin Name	Common Name	Latin Name	Common Name
   Acacia farnesiana	Sweet acacia	Gymnathes lucida	Crabwood
   Annona glabra	Pond apple, alligator apple	Hypelate trifoliata	White ironwood
   Ardisia escallonioides	Marlberry, marbleberry
   Avicennia germinans	Black Mangrove
   Bourreria suculenta var. revoluta	Strongbark	Krugiodendron ferreum	Black ironwood
   Bumelia spp.	Buckthorn, saffron plum, bumelia	Languncularia racemosa	White mangrove, white buttonwood
   Bursera simaruba	Gumbo Limbo, tourist tree	Lysiloma latisiliqua	Wild tamarind
   Canella alba	Wild cinnamon	Metopium toxiferum	poisonwood
   Chrysophyllum oliviforme	Satin leaf	Mastichodendron foetidissimum	Mastic
   Citharexylum fruticosum	Fiddlewood	Myrcianthes fragrans	Twinberry
   Clusia rosea	Pitch apple, autograph tree	Myrica cerifera	Wax myrtle
   Coccoloba diversifolia	Pigeon Plum	Nectandra coracea	Lancewood
   Coccoloba uvifera	Sea grape
   Coccothrinax argentata	Silver palm	Piscidia piscipula	Jamaican dogwood; fish-poison tree
   Conocarpus erectus	Buttonwood	Prunus myrtiflia	West Indian cherry
   Cordia sebestena	Geiger Tree	Psuedophoenix sargentii	Buccaneer palm, cherry palm
   Dipholis salicifolia	Willow-leaved bustic
   Eugenia spp.	Stoppers	Reynosia sptentrionalis	Darling Plum
   Exostema caribaeum	Princewood	Rhizophora mangle	Red mangrove
   Ficus aurea	Strangler Fig	Thrinax radiata	Florida thatch palm
   Ficus citrifolia	Shortleaf Fig	Sabal palmetto	Cabbage palmetto, sabal palm
   Guaiacum sanctum	Lignum Vitae	Schaefferia frutescens	Florida boxwood
   Guapira discolor	Blolly	Swietenia mahogani	Mahogany
   Guettarda elliptica	Everglades velvetseed	Thrinax morrisii	Key Thatch Palm
   Guettarda scabra	Rough velvetseed	Zanthoxylum fagara	Wild lime

   * The list is by no means a complete inventory of the subtropical or tropical tree species that are native to South Florida or the Florida Keys. For a determination of what constitutes a regulated tree, contact the City Biologist. 
   
   Table 106.12.2
   Prohibited Invasive Exotic List
   
   

   Latin Name	Common Name
   Casuarinia equisetifolia	Australian Pine
   Colubrina asiatica	Leather leaf, asiatic colubrina
   Ficus microcarpa	Laurel fig
   Neyraudia reynaudiana	Silk reed, cane grass, burma reed
   Scaevola sericea	Beach naupaka
   Schefflera actinophylla	Schefflera
   Schinus terbinthifolius	Brazilian Pepper
   Thespesia populnea	Seaside Mahoe

   
   

The purpose of this Article is to implement the City of Marathon Comprehensive Plan, to protect natural upland plant communities which have the potential to maintain healthy and diverse populations of plants or wildlife, to preserve the ecological values and functions of significant plant and wildlife habitats, to provide for habitat corridors and minimize habitat fragmentation, in order to maintain and enhance the diversity and distribution of plant and animal species which are of aesthetic, ecological, economic, educational, historical, recreational, or scientific value to the City and its citizens.

Development activities on all parcels containing natural plant and wildlife habitat (including hammocks, cactus barrens, beaches, and all wetland types listed in Table 106.16.1) or listed species habitat shall be evaluated by the City Biologist prior to any approval for alteration of the habitat.

Parcels containing natural plant and animal habitat shall not be segmented, processed in piecemeal fashion, reviewed or developed in any manner that results in lesser natural resources protections than would otherwise be required if all land under common ownership or control were considered as a single proposal.

Natural plants, animals and wildlife habitat of any size shall remain undisturbed to the greatest extent practicable; therefore, clustering of the development shall be required, subject to the habitat classification open space requirements in Table 106.16.1 and the mitigation and monitoring requirements of Article 10. To this end, the following shall be required:

1. A detailed natural resources assessment shall be provided for the proposed project area according to this chapter. The assessment shall be used to confirm or to assist in modifying existing habitat information such as the City of Marathon, Comprehensive Plan Map Book, Map 4: Habitat Types. Regulated natural and historic resources shall be inventoried using the best available data for the remainder of the planning parcel, and all natural plant and wildlife habitat and listed species habitat shall be identified. If the natural resources assessment indicates that the property in question is characterized by different habitats than are listed in the Comprehensive Plan Map Book, then such information will be utilized to determine the limitations of development under this section. For clarity, the assessment should only utilize habitat types as defined in this section. If it is determined that a habitat type exists which is not otherwise found in Table 106.16.1, the responsible biologist should identify the habitat type and why it doesn't fit into the typical descriptive types in Table 106.16.1.
2. Where regulated habitat or listed species habitat is identified, in order to proceed, the applicant must demonstrate that the proposed project will minimize disturbance of the connectivity of the habitat corridor and will be clustered on the least sensitive portion of the parcel according to habitat classification, pursuant to Table 106.16.1. An area containing Class III habitat is considered the least environmentally sensitive and an area containing Class I habitat is considered the most environmentally sensitive. The habitats within each class category in Table 106.16.1 are listed in order of sensitivity from greatest sensitivity to least sensitivity. Class III habitats generally are not considered regulated natural resources pursuant to this article. However, it is recognized that these habitats may have individual regulated trees, small clusters of regulated trees, and other native vegetation. As such, protection of this vegetation shall be regulated exclusively under the provisions of Article 2 of this chapter. If individual or clusters of regulated trees and areas of native vegetation are identified within the habitat then under any development scenario, including subdivision and platting, these areas should be avoided if possible pursuant to Article 2.
3. Unless otherwise exempted herein, a management plan for the parcel shall be prepared pursuant to Article 9 "Management Plans" which shall be subject to approval by the TRC.
   
   Table 106.16.1 Open Space Requirements by Habitat Type

   Classification	Habitat Type	Open Space (%)
   Class I	Water	100
   	Submerged Land	100
   	Mangroves/Scrub Mangroves	100
   	Undisturbed Saltmarsh and/or buttonwood association wetlands of high functional capacity as defined in Section 106.30, Art. 4.	100
   	Disturbed with salt marsh and/or buttonwood association wetlands	100
   	Beach	100
   	Beach Berm	95
   	Palm Hammock	90
   	Cactus Hammock	90
   	High Quality Tropical Hardwood Hammock	90
   	Moderate Quality Tropical Hardwood Hammock	70
   	Low Quality Tropical Hardwood Hammock	50
   Class II	Disturbed Beach/Berm Disturbed Beach Berm	40
   	Disturbed with salt marsh and/or buttonwood association wetlands of moderate or low functional capacity as defined in Section 106.27, Art. 4 of this chapter	60
   	Disturbed with Tropical Hardwood Hammock	40
   Class III	Disturbed/Scarified	20
   	Disturbed with Exotics	20
   	Exotics	20
   	Developed	20

1. Automatic High Quality Hammock Classification. Hammocks that meet the following criteria shall be automatically classified as high quality hammock without the need for a habitat analysis:
   1. Category 1: Tropical hardwood hammocks of 12 1/2 acres or more in size.
   2. Category 2: Tropical hardwood hammocks owned by federal, state or local governments or by private organization that are managed or were purchased for the primary purpose of conservation.
   3. Category 3: Tropical hardwood hammocks on offshore islands.
   4. Category 4: Palm Hammocks. A hammock or portion of a hammock which contains a prevalence of palms of the genus Thrinax.
   5. Category 5: Berm Hammocks.
   6. Category 6: Cactus hammocks with a prevalence of native cactus species of the genera Opuntia or Cereus.
   7. Category 7: Cactus Barrens.
2. Listed Plant and Animal Species. Listed plant and animal species include those species identified in 50 CFR 17.11 and 17.12, Endangered and Threatened Wildlife and Plants, F.A.C. 5B-40.0055, Regulated Plant Index, F.A.C. 68A-27, Rules Relating to Endangered or Threatened Species, the City of Marathon Habitat and Species Maps and those identified as S1, S2, or S3 by the Florida Natural Areas Inventory (available at www.fnai.org). Maps of the habitats with which these species are commonly associated are maintained by the Department.
3. Applications for Administrative Permits. At the applicant's request or at the City's discretion, the City shall conduct ground-truthing for administrative applications involving listed species habitat. The applicant shall not be required to submit a habitat analysis where the habitat does not contain tropical hardwood hammocks but the City Biologist may require a vegetation survey. When a habitat analysis is not provided, presence of listed species may be presumed and habitat protected in accordance with the standards outlined in this Section, in any of the following circumstances:
   1. A listed species individual has been recently documented on the planning parcel;
   2. A portion of the planning parcel is within the known or suspected range of certain listed species; or
   3. The land by itself, or in connection with other lands, meets the minimum habitat needs for a viable population, nesting pair, or nesting colony of listed species.

If the tropical hardwood hammock does not automatically qualify for one (1) of the high quality categories, as established in 106.17 A. above, as a part of an application for approval of development on lands classified on the Habitat map as tropical hardwood hammock, an applicant shall submit a habitat analysis prepared by a qualified biologist pursuant to the methodology and standards contained in this Section. Such analysis is subject to approval by the City Biologist. The City Biologist may, after a site visit, waive or limit the requirements for a habitat analysis.

1. General Mapping. The locations and general extent of natural communities that comprise natural plant and animal habitat are shown on the City of Marathon Habitat and Species Maps. These maps should be used as a guide and are subject to verification via site inspection and periodic data updates. A final determination of habitat types, locations and boundaries and the use or value of the habitat to listed species shall be made by the City Biologist.
2. Site-specific Identification.
   1. The applicant shall review and analyze various digital data sources, including, but not limited to the following:
      1. City of Marathon Habitat and Species Maps.
      2. U.S. Fish and Wildlife maps of land cover, strategic habitat conservation areas, and biodiversity hot spots.
      3. Florida Natural Areas Inventory maps of areas of potential conservation interest and element occurrences.
      4. South Florida Water Management District land cover maps.
      5. Various digital aerial photographic series.
   2. Natural areas mapping shall be required in accordance with this section in order to identify the existence, scope and extent of the natural plant and animal habitat associated with the application.
   3. Natural plant and animal habitat shall be delineated and identified based on consideration and assessment of at least the following factors:
      1. Habitat classification as described in the Definitions (Chapter 110).
      2. Quality of natural plant and animal ecosystem.
      3. Overall quality of biological diversity.
      4. Wildlife habitat value.
      5. Presence of listed, uncommon, or rare species.
      6. Grouping, contiguity, compactness of natural plant and animal vegetation.
      7. Proximity to other natural preserve areas and corridors.
      8. Impact by prohibited and invasive non-native vegetation.
      9. Size of individual trees measured in calipers at DBH.
   4. Professional Standards. The Habitat Analysis shall be conducted in accordance with the requirements for a natural resources assessment under Section 106.03 and must also meet the following standards:
      1. Nondestructive techniques designed to minimize disturbance of species shall be required.
      2. The Analysis shall include detailed descriptions and maps indicating:
         1. Field methods, conditions, dates, times of day, observations and results.
         2. Transect and sampling locations, where applicable.
         3. Habitats or natural communities as field checked across the site.
         4. Representative color photographs taken at ground level.
         5. Recent aerial photographs.
         6. List of observed and potential plant and animal species, including indicators (sightings, signs, tracks, trails, rests, evidence of feeding, etc.), population estimates, and occupied habitat boundaries.
         7. Professional opinions and conclusions regarding ecological and habitat value of the site.
         8. Overall quality of biological diversity.
         9. Presence of listed species.
         10. Grouping, contiguity, compactness of natural vegetation.
         11. Proximity to other natural preserve areas and corridors.
         12. Impact by prohibited and invasive non-native vegetation.
      3. City Verification. The City shall be notified of the schedule for significant fieldwork and allowed the opportunity to observe or independently verify the analysis techniques. Results may be field verified by the City.
3. Scoring and Quality Determination of the Habitat. The Analysis shall be conducted according to the methodology set forth in this section and the quality of the hammock shall be determined on the basis of the cumulative scores as follows.
4. High Hammock. A cumulative score of 27 or higher shall indicate a high quality high hammock; a cumulative score of 16 or more but less than 27 shall indicate a moderate quality high hammock; and a cumulative score of less than 16 shall indicate a low quality high hammock.
   1. Tree size. Larger trees indicate older, more mature hammocks which are culturally and ecologically important and which:
      1. The three (3) dominant canopy tree species have average DBHs of six (6) inches or more shall receive a score of 1.5.
      2. Two (2) of the three (3) dominant canopy tree species have average DBHs of six (6) inches or more shall receive a score of 1.0.
      3. One (1) of the three (3) dominant canopy tree species has an average DBH of six (6) inches or more shall receive a score of 0.5.
      4. None of the dominant canopy tree species has an average DBH of six (6) inches or more shall receive a score of zero.
   2. Soil Depth. Hammocks with greater soil humus depth are generally older and more mature and generally present a greater diversity and integrity of microhabitats for wildlife and plants including soil organisms and stable soil chemistry, which contains:
      1. An average soil depth of four (4) inches or more shall receive a score of 2.0.
      2. An average soil depth of two (2) inches or more but less than four (4) inches shall receive a score of 1.0.
      3. An average soil depth of less than two (2) inches shall receive a score of zero.
   3. Woody Plant Species Diversity. Hammocks with higher diversity are ecologically and culturally significant as a natural seed source for plant species dispersal and may represent more mature forests, which contains:
      1. Thirty-four or more native woody species present shall receive 6.0.
      2. Twenty-nine to 33 native woody species present shall receive a score of 5.0.
      3. Twenty-four to 28 native woody species present shall receive a score of 4.0.
      4. Nineteen to 23 native woody species present shall receive a score of 3.0.
      5. Fourteen to 18 native woody species present shall receive a score of 2.0.
      6. Nine (9) to 13 native woody species present shall receive a score of 1.0.
      7. Less than nine (9) native woody species shall receive a score of zero.
   4. Threatened, Endangered, Commercially Exploited and Regionally Important Plants. A hammock that provides habitat and conditions for regulated plants to flourish has a relatively significant ecological and cultural value and which contains:
      1. Ten (10) or more listed species present shall receive a score of 3.0.
      2. Five (5) to nine (9) listed species present shall receive a score of 2.0.
      3. One (1) to four (4) listed species present shall receive a score of 1.0.
      4. No listed species present shall receive a score of zero.
   5. Invasive exotic plant infestations. The more susceptible (less resistant) a hammock is to exotic invasion, the more likely it is that the habitat is of lower complexity or integrity or that it is not sufficiently insulated from such effects.
      1. Total invasive exotic infestation of five (5) percent or less indicates a score of 4.0.
      2. Total invasive exotic infestation is more than five (5) percent but infestation by combined category 1 invasives is at five (5%) percent or less indicates a score of 3.5.
      3. Six (6%) percent to ten (10%) percent infestation by category 1 invasives indicates a score of 3.0.
      4. Eleven percent to 20 percent infestation by category 1 invasives indicates a score of 2.0.
      5. Twenty-one percent to 30 percent infestation by category 1 invasives indicates a score of 1.0.
      6. More than 30 percent infestation by category 1 invasives indicates a score of zero.
   6. Threatened and endangered animal species. Hammock that provides habitat for listed animal species is presumed to provide important and intact wildlife refuge areas that should be preserved for ecological and cultural reasons. Potential habitat is extremely important for provision of recovery areas and temporary refuge.
      1. The hammock is a known or probable habitat for listed animal species indicates a score of 3.0.
      2. The hammock is a potential habitat for listed animal species indicates a score of 2.0.
      3. The hammock has no mapped or documented status for listed animal species indicates a score of zero.
   7. Forest size. Larger forests are less subject to disturbance due to an insulating effect. They are also more likely to contain a higher structural, microhabitat, and species diversity due to the heterogeneous nature of tropical hammock plant distribution. Larger forests are also more attractive habitat for birds and other wildlife as indicated primarily by the keynote species studies done for various birds.
      1. The contiguous hammock is ten (10) or more acres in size indicates a score of 5.0.
      2. The contiguous hammock is at least seven (7) but less than ten (10) acres in size indicates a score of 4.0.
      3. The contiguous hammock is at least four (4) but less than seven (7) acres in size indicates a score of 3.0.
      4. The contiguous hammock is at least one (1) but less than four (4) acres in size indicates a score of 2.0.
      5. The contiguous hammock is at least 0.375 acres but less than one (1) acre in size indicates a score of 1.0.
      6. The contiguous hammock is less than 0.375 acres in size indicates a score of zero.
   8. Perimeter disturbance. The level of fragmentation of a hammock, measured as the amount of perimeter disturbance related to size, has been shown to lower the resistance of hammocks to direct and secondary effects of the disturbance, especially where development exists. These disturbances include exotic invasion sources, exotic predators, human intrusion, and others. The integrity of the hammock habitat can be lowered by the extent and nature of perimeter disturbance versus the ability of the hammock to withstand it.
      1. An edge to area ratio of 0.005 or less indicates a score of 3.0.
      2. An edge to area ratio of more than 0.005 but less than 0.01 indicates a score of 2.0.
      3. An edge to area ratio of 0.01 or more but less than 0.02 indicates a score of 1.0.
      4. An edge to area ratio of 0.02 or more indicates a score of zero.
   9. Wildlife habitat. A primary hammock function in the Keys is availability of food sources for resident and migratory birds and other animals. In fact, the development of our highly diverse tropical Caribbean hammocks is owed in large part to transport of Caribbean flora by the white-crowned pigeon and other migrating birds. This availability is relatively easy to determine. It is measured by the quality and amount of fruit produced by the hammock. The better the fruit production of the hammock, the more likely it is that birds and other animals on which hammock distribution and seed dispersal depend will utilize the resource. These areas are also considered important for maintenance of resident and migratory bird populations.
      1. Fifteen or more species of category 1 fruit producers indicates a score of 3.0.
      2. Twelve or more species of category 1 fruit producers, or, 22 or more species of combined categories 1 and 2 fruit producers indicates a score of 2.5.
      3. Ten (10) or more species of category 1 fruit producers, or, 18 or more species of combined categories 1 and 2 fruit producers indicates a score of 2.0.
      4. Twenty or more species of any category fruit producers indicates a score of 1.5.
      5. Fifteen to 19 species of any Category fruit producers (at least one (1) species must be in category 1 or 2) indicates a score of 1.0.
      6. Less than 15 of any category fruit producers, or, all fruit producers are in category 3 indicates a score of zero.
   10. Community connectivity. Nearly as important as size is the landscape position of the hammock within the local island and overall Keys island ecosystem. Isolation from other useable habitats caused by intervening development has short term effects on behavior patterns influencing forest availability to wildlife, and long term effects on dispersal and breeding patterns affecting species populations.
       
       Award only one (1) of the following scores (if applicable):
       1. The hammock is part of a contiguous closed canopy hammock, buttonwood and/or mangrove forest (any combination of these habitats) with a combined contiguous closed canopy of at least 12 1/2 acres in size but less than 30 acres in size indicates a score of 0.5.
       2. The hammock is part of a contiguous closed canopy hammock, buttonwood and/or mangrove forest (any combination of these habitats) with a combined contiguous closed canopy of 30 acres or more in size indicates a score of 1.0.
       3. Award only one (1) of the following scores (if applicable) and add it to the score from subsection (a) or (b) above (if awarded) to obtain the total score for this criterion:
       4. The hammock is contiguous with or within 300 feet of at least ten (10) acres but less than 50 acres of contiguous undisturbed habitat of any class or combination of classes including salt marsh, buttonwood wetlands, hammock, beach berm, coastal rock barrens, freshwater wetlands, freshwater ponds, salt ponds, mangroves and/or enclosed/semi-enclosed embayments indicates a score of 0.5.
       5. The hammock is contiguous with or within 300 feet of 50 or more acres of contiguous undisturbed habitat of any class or combination of classes including salt marsh, buttonwood wetlands, hammock, beach berm, coastal rock barrens, freshwater wetlands, freshwater ponds, salt ponds, mangroves, and/or enclosed semi-enclosed embayments indicates a score of 1.0.
5. Low Hammocks. A cumulative score of 24 or higher shall indicate a high quality low hammock; a cumulative score of 15 or higher but less than 24 shall indicate a moderate quality low hammock; and a cumulative score of less than 15 shall indicate a low quality low hammock.
   1. Woody plant species diversity. Hammocks with higher diversity are ecologically and culturally significant in that they are a natural seed source for plant species dispersal and may represent more mature forests. These hammocks represent a storehouse of biological diversity and essentially define hardwood forest character in the Florida Keys.
      1. Twenty-three or more native woody species present indicates a score of 6.0.
      2. Twenty to 22 native woody species present indicates a score of 5.0.
      3. Seventeen to 19 native woody species present indicates a score of 4.0.
      4. Fourteen to 16 native woody species present indicates a score of 3.0.
      5. Eleven to 13 native woody species present indicates a score of 2.0.
      6. Eight (8) to ten (10) native woody species present indicates a score of 1.0.
      7. Less than eight (8) native woody species present indicates a score of zero.
   2. Threatened, endangered, commercially exploited and regionally important plants. Hammocks that provide habitat and conditions for rare and listed plants to flourish have a relatively significant ecological and cultural value. The presence of rare plants often indicates a greater habitat stability in terms of microclimate and niche availability for these plants.
      1. Six (6) or more listed species present indicates a score 3.0.
      2. Three (3) to five (5) listed species present indicates a score of 2.0.
      3. One (1) to two (2) listed species present indicates a score of 1.0.
      4. No listed species present indicates a score of zero.
   3. Invasive exotic plant infestations. The more susceptible (less resistant) a hammock is to exotic invasion, the more likely it is that the habitat is of lower complexity or integrity or that it is not sufficiently insulated from such effects.
      1. Total invasive exotic infestation of five (5) percent or less indicates a score of 4.0.
      2. Total invasive exotic infestation is more than five (5) percent but infestation by combined category 1 invasives is at five (5) percent or less indicates a score of 3.5.
      3. Six (6) percent to ten (10) percent infestation by category 1 invasives indicates a score of 3.0.
      4. Eleven percent to 20 percent infestation by category 1 invasives indicates a score of 2.0.
      5. Twenty-one percent to 30 percent infestation by category 1 invasives indicates a score of 1.0.
      6. More than 30 percent infestation by category 1 invasives indicates a score of zero.
   4. Threatened and endangered animal species. Hammock that provides habitat for listed animal species is presumed to provide important and intact wildlife refuge areas that should be preserved for ecological and cultural reasons. Potential habitat is extremely important for provision of recovery areas and temporary refuge.
      1. The hammock is a known or probable habitat for listed animal species indicates a score of 3.0.
      2. The hammock is a potential habitat for listed animal species indicates a score of 2.0.
      3. The hammock has no mapped or documented status for listed animal species indicates a score of zero.
   5. Forest size. Larger forests are less subject to disturbance due to an insulating effect. They are also more likely to contain a higher structural, microhabitat, and species diversity due to the heterogeneous nature of tropical hammock plant distribution here. Larger forests are also more attractive habitat for birds and other wildlife as indicated primarily by the keynote species studies done for various birds.
      1. The contiguous hammock is ten (10) or more acres in size indicates a score of 5.0.
      2. The contiguous hammock is at least seven (7) but less than ten (10) acres in size indicates a score of 4.0.
      3. The contiguous hammock is at least four (4) but less than seven (7) acres in size indicates a score of 3.0.
      4. The contiguous hammock is at least one (1) but less than four (4) acres in size indicates a score of 2.0.
      5. The contiguous hammock is at least 0.375 acres but less than one (1) acre in size indicates a score of 1.0.
      6. The contiguous hammock is less than 0.375 acres in size indicates a score of zero.
   6. Perimeter disturbance. The level of fragmentation of a hammock, measured as the amount of perimeter disturbance related to its size, has been shown to lower the resistance of hammocks to direct and secondary effects of the disturbance, especially where development exists. These disturbances include exotic invasion sources, exotic predators, human intrusion, and others. The integrity of the hammock habitat can be lowered by the extent and nature of perimeter disturbance versus the ability of the hammock to withstand it.
      1. An edge to area ratio of 0.005 or less indicates a score of 3.0.
      2. An edge to area ratio of more than 0.005 but less than 0.01 indicates a score of 2.0.
      3. An edge to area ratio of 0.01 or more but less than 0.02 indicates a score of 1.0.
      4. An edge to area ratio of 0.02 or more indicates a score of zero.
   7. Wildlife habitat. A primary hammock function in the Keys is availability of food sources for resident and migratory birds and other animals. In fact, the development of our highly diverse tropical Caribbean hammocks is owed in large part to transport of Caribbean flora by the white-crowned pigeon and other migrating birds. This availability is a relatively easy to determine. It is measured by the quality and amount of fruit produced by the hammock. The better the fruit production of the hammock, the more likely it is that birds and other animals on which hammock distribution and seed dispersal depend will utilize the resource. These areas are also considered important for maintenance of resident and migratory bird populations.
      1. Ten (10) or more species of category 1 fruit producers indicates a score of 3.0.
      2. Eight (8) or more species of category 1 fruit producers, or, 15 or more species of combined categories 1 and 2 fruit producers indicates a score of 2.5.
      3. Five (5) or more species of category 1 fruit producers, or, 12 or more species of combined categories 1 and 2 fruit producers indicates a score of 2.0.
      4. Fifteen or more species of any category fruit producers (at least one (1) species must be in category 1 or 2) indicates a score of 1.5.
      5. Ten (10) to fourteen (14) species of any category fruit producers (at least one (1) species must be in category 1 or 2) indicates a score of 1.0.
      6. Less than ten (10) of any category fruit producers, or all fruit producers are in category 3 indicates a score of zero.
   8. Community connectivity. Nearly as important as size is the landscape position of the hammock within the local island and overall Keys island ecosystem. Isolation from other useable habitats caused by intervening development has short term effects on behavior patterns influencing forest availability to wildlife, and long term effects on dispersal and breeding patterns affecting species populations.
      1. Award only one (1) of the following scores (if applicable):
         1. The hammock is part of a contiguous closed canopy hammock, buttonwood and/or mangrove forest (any combination of these habitats) with a combined contiguous closed canopy of at least 12 1/2 acres in size but less than 30 acres in size indicates a score of 0.5.
         2. The hammock is part of a contiguous closed canopy hammock, buttonwood and/or mangrove forest (any combination of these habitats) with a combined contiguous closed canopy of 30 acres or more in size indicates a score of 1.0.
      2. Award only one (1) of the following scores (if applicable) and add it to the score from Subsections 1.(a) or 1.(b) above (if awarded) to obtain the total score for this criterion:
         1. The hammock is contiguous with or within 300 feet of at least ten (10) acres but less than 50 acres of contiguous undisturbed habitat of any class or combination of classes including salt marsh, buttonwood wetlands, hammock, beach berm, coastal rock barrens, freshwater wetlands, freshwater ponds, salt ponds, mangroves and/or enclosed/semi-enclosed embayments indicates a score of 0.5.
         2. The hammock is contiguous with or within 300 feet of 50 or more acres of contiguous undisturbed habitat of any class or combination of classes including salt marsh, buttonwood wetlands, hammock, beach berm, coastal rock barrens, freshwater wetlands, freshwater ponds, salt ponds, mangroves, and/or enclosed semi-enclosed embayments indicates a score of 1.0.
6. Palm Hammocks. If a low hammock has an abundance and density of thatch palms such that 20 percent of the dominant canopy plants or any portion thereof are palms, the hammock shall be considered a palm hammock.

All high quality hammocks shall be designated and permanently protected in place on the site and managed in accordance with the standards in Article 8 of this chapter for Conservation Management Areas. Low and moderate quality hammocks may qualify for alternatives to in place and on-site protection subject to the limitations of this section, Article 8 Conservation Management Areas and the mitigation and monitoring provisions of Article 9 of this chapter.

1. Conditions of Approval. Development approval conditions may limit or preclude development of structures, impervious surfaces, and other uses within an appropriate distance from locations of protected habitat, if necessary for the continued viability of the protected habitat. The following special design standards may be required adjacent to protected listed species habitat to minimize disturbance:
   1. A minimum setback from the protected listed species habitat may be required for construction activities. The setback distance would be determined on a case-by-case basis by the City Biologist, and in no case shall it be less than ten (10) feet. Clearing, grading, and filling may be prohibited within the setback area unless the applicant can demonstrate that habitat within the protected area will not be damaged.
   2. Landscaping within associated buffers or construction setbacks shall require utilization of native vegetation that is compatible with existing native plant communities, soils, and climatic conditions.
2. Boundaries of the Protected Habitat. The boundaries of the protected habitat shall be designated in a certified survey submitted to the City for approval prior to issuance of the development approval.

1. When Considered. Alternatives to on-site protection for low or moderate quality hammock, that is not located within the minimum required open space area, may be considered in the following circumstances:
   1. When physical constraints of the parcel preclude maintenance of ecological integrity of preserved vegetation, given considerations as to size of the development site, habitat quality, connectivity, adjacent uses, and feasibility of management;
   2. When opportunities exist for long-term protection and management of significant habitat of equal or greater habitat value than would not have otherwise been protected; or
   3. When establishment of conservation management areas within a project would result in small, fragmented areas with limited habitat value compared to available alternatives.
2. Standards. If protection of the existing natural plant and animal habitat area outside of the required open space is not feasible due to one (1) of the circumstances identified in this section, an applicant may, with the approval of the City Biologist and state or federal agencies or SFWMD, if applicable, pursue one (1) of the following options:
   1. The applicant may relocate existing vegetation to another portion of the site or establish a new area of natural plant and animal vegetation on another portion of the site in accordance with the requirements of Article 9, "Avoidance, Minimization, Mitigation and Monitoring" and as part of an approved management plan in accordance with the requirements of Article 8, "Management Plans" of this chapter; or
   2. The applicant may provide an off-site management area pursuant to Article 8 of this chapter. The City may consider alternative proposals that provide equal or greater protection; or
   3. Alternatives to on-site protection shall be evaluated and approved by the City Biologist in accordance with the criteria of this chapter. In any case, strict adherence to the minimum open space percentages for each individual habitat on the development site is required and in addition, no habitat within the buildable area of a parcel may be altered unless part of an approved clearing plan containing approved development (i.e., removal of natural habitat strictly for the purpose of providing lawns, gardens and the like is prohibited).
3. Payment in Restoration Fund. If determined in writing by the City Biologist that onsite transplantation will not be conducive to the long term survivability of the plants, the applicant shall comply with one (1) of the following:
   1. The applicant shall pay a fee, according to the schedule of fees established by Council into the City Restoration Fund; or
   2. Subject to the consent of the City, the applicant shall donate nursery stock identical in species composition to that which will be lost to development. Stock shall be donated according to the replacement schedule established in Table 106.11.1 Tree Removal Mitigation Table.
4. Other Alternatives. The City may consider alternative mitigation proposals which provide greater protection.

If the habitat survey identifies the presence of listed species or listed species habitat, or potential for adverse impacts to any listed species habitat, the applicant shall submit to the City for review and approval a management plan that ensures protection of the habitat, as conservation management areas, pursuant to Article 8 of this chapter, with no adverse effect on species survival. The management plan shall meet the requirements of Article 9, "Management Plans" of this chapter and the standards set forth in this article.

Where listed species are regulated by the state or federal government, the applicant shall complete and submit to the City the habitat survey and associated management or mitigation plans prior to or concurrent with submittal of applications to the relevant state or federal agency. The City shall consult and coordinate with appropriate agencies to streamline the permitting process. All activities shall comply with applicable state and federal laws, regulations, performance standards, and management guidelines.

The applicant is responsible for meeting the permitting criteria for federal and state regulatory agencies regarding the disturbance of any natural plant and animal habitat. The issuance of a dredge and fill permit, environmental resource permit, or other such permit or approval by a federal or state agency, water management district, or other governing body shall not obligate the City of Marathon to grant approval pursuant to this section, and shall not be deemed to satisfy the requirements of the LDRs.

For the purposes of this Section, the alteration or removal of any listed species habitat without prior review and approval shall be considered a violation.

It is the purpose of this chapter to preserve, protect, and improve the public health, safety, and general welfare of the citizens of City of Marathon, and to conserve and protect open bodies of water, surface waters, submerged lands, wetlands, and the natural and scenic resources of [the] City of Marathon, and to implement the City of Marathon Comprehensive Plan.

1. Waters Included. A water resource is a comprehensive term that includes:
   1. All those waters; having a measurable salinity at some point during the tidal cycle and lying within the legal boundaries of the City; or
   2. All those areas which are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation specifically adapted to life in saturated conditions, as listed in the Florida Administrative Code. These waters include, but are not limited to, lakes, and open waters, whether such waters are on private or public lands and whether such waters are man-made or natural.
2. Regulated Activities. Except as otherwise expressly provided in this article, no alteration shall occur in, on or over a surface water or wetland area or buffer, and no alteration shall occur adjacent to or connected to a surface water or wetland area, such that the water regime is modified in a way that precludes the area in question from maintaining surface water or hydroperiod necessary to sustain wetland structure and function equivalent to pre-alteration levels.

The City of Marathon shall have regulatory authority over all open waters within 1,200 feet of the shoreline, all surface waters and all wetlands located within the City.

1. Delineation Methodology. The City of Marathon shall utilize the uniform statewide methodology adopted by the Florida Department of Environmental Protection and Water Management Districts to delineate wetlands, as outlined in Florida Administrative Code Rule 62-340.300 for wetlands, and Rule 62-340.600 for surface waters. The City shall not be limited by the threshold or connection requirements utilized by these agencies for purposes other than delineation.
2. General Mapping. The locations and general extent of surface waters and wetlands in the City of Marathon are generally depicted on the City of Marathon Habitat Maps. The maps are intended for use only as a general reference for determining location and approximate extent of surface waters and wetlands. The provisions of this chapter shall apply to all open water, surface waters and wetlands, and adjacent areas, and shall not be limited to those depicted on maps described above.
3. Site Specific Determination.
   1. Applicants for any activity in, on or over a jurisdictional surface water or wetland or buffer, or adjacent to (same or contiguous tax parcel) or connected to a surface water or wetland, regardless of size, shall be required to submit a natural resources assessment that includes identification of all surface waters, wetlands, and buffers. Applicants are encouraged to arrange a concept meeting with City staff prior to submittal of an application.
   2. The City shall provide verification of the development potential of wetlands prior to approval of any activity in a buffer area or on or adjacent to a surface water or wetland utilizing the Keys Wetland Evaluation Procedure (KEYWEP), herein incorporated by reference and the Uniform Mitigation Assessment Methodology (UMAM) as set forth in Chapter 62-345, Florida Administrative Code and reasonable scientific judgment. Wetland quality categories based upon the KEYWEP scoring are:
      1. "Red-flag" wetlands have a high level of functional capacity and lack of disturbance. Any type of development is prohibited.
      2. High functional capacity wetlands score at 5.5 or higher, regardless of previous disturbance. Any type of development is prohibited.
      3. Moderate functional capacity wetlands 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 score less than 4.6 or are assigned a "green-flag" designation as suitable for development with appropriate mitigation.
   3. If the applicant has received a delineation of the extent of a surface water or wetland by the Florida Department of Environmental Protection or the South Florida Water Management District, pursuant to a formal determination under Fla. Stat. § 373.421(2), or pursuant to a permit issued under Fla. Stat. Chapter 373, in which the delineation was field-verified by the permitting agency and specifically approved in the permit, the delineation shall be binding on the City for the duration of the formal determination or federal or state permit.
4. Final Drawings. All final drawings for applications shall be sealed or certified by:
   1. A Florida registered professional engineer;
   2. A Florida registered professional surveyor;
   3. A Florida registered professional landscape architect; or
   4. An environmental professional certified by the National Association of Environmental Professionals or the Florida Association of Environmental Professionals.

1. Buffers are integral to the maintenance of water resources and wetland structure and function. A buffer shall be required between all proposed activity and the landward extent of the water resource or wetlands as established in this chapter. The following buffer widths shall apply for the resources set forth in Table 106.28.1 below.
   
   Table 106.28.1
   Water Resource and Wetland Buffers
   
   

   Type of Development/Protected	Resource Buffer Distance (ft)	Buffer Standards
   Principal structure on manmade canals, channels, basins and lawfully altered shorelines.	20	Measured from the MHWL or the landward extent of the root system of the mangroves, whichever is further landward.
   Small lots less than 4,500 square feet principal structure on manmade canals, channels, basins and lawfully altered shorelines	10	Measured from the MHWL or the landward extent of the root system of the mangroves, whichever is further landward.
   Principal structure on open water for all unaltered or unlawfully altered shorelines.	50	Measured from the MHWL or the landward extent of the root system of the mangroves, whichever is further landward.
   Principal structure on open water where original slope landward of the water has been significantly altered by filling, where no bulkhead, significant armoring or mangrove fringe exists.	30 minimum	Measured from the MHWL. Minimum buffer criteria: native vegetation exists or is planted and maintained in at least ten (10) feet width across the entire shoreline, otherwise the setback shall be fifty (50) feet. Shall not be available for recognized Marine Turtle nesting habitats.
   Principal structure on open water where original slope landward has been significantly altered by filling but a mangrove fringe exists that is contiguous from side lot line to side lot line and is at least ten (10) feet wide at the root zone.	30 minimum	Measured from the MHWL or the landward extent of the root system of the mangroves, whichever is further landward.
   Principal structures on in-fill lots, along open water shorelines not adjacent to manmade canals, channels or basins, and which have been altered by the legal placement of fill, which are surrounded by significant development where principal structures are set back less than fifty (50) feet from the MHWL	20 minimum	Measured from the MHWL or the landward extent of the root system of the mangroves, whichever is further landward; City Planning Director may evaluate community character, environmental features and setbacks on adjacent developed properties within two parcels on either side of the proposed development and may allow buffer as far back as practicable or in line with adjacent principal structures. If existing pattern of setback is greater than thirty (30) feet, a buffer of fifty (50) feet is required. Shall not be available for recognized Marine Turtle nesting habitats.
   Marine Turtle Nesting habitat	50	Setback measured from the nesting area which is the first fifty (50) feet from MHWL for a total one hundred (100) feet from MHWL or the landward toe of the most landward beach berm not to exceed one hundred (100) feet from MHWL.
   Accessory structure1 on all manmade canals, channels, basins and lawfully altered shorelines.	10 minimum**	Measured from MHWL or the landward extent of the root system of the mangroves, whichever is further landward.
   Accessory structure on all unaltered shorelines.	25 minimum**	Measured from the MHWL or the landward extent of the root system of the mangroves, whichever is further landward.
   Accessory structure1 on all significantly filled shorelines on open water with a contiguous mangrove fringe.	15 minimum**	Measured from the MHWL or the landward extent of the root system of the mangroves, whichever is further landward.
   Accessory structure1 on significantly filled open water shorelines where there is no significant armoring, continuous mangrove fringe or bulkhead.	15 minimum **	Provided that native vegetation exists or is planted and maintained in at least a ten (10) foot wide buffer across the entire shoreline or must maintain setbacks for an unaltered shoreline. Measured from the landward edge of the shoreline buffer
   Wetlands, except for tidally inundated mangrove fringes that include listed habitat or animal species***	50	May be reduced to a minimum of twenty-five (25) feet to allow for 2,000 sq. ft. of principal structure if fifty (50) foot setback results in less than 2,000 sq. ft. of principal structure of reasonable configuration.
   Wetlands, except for tidally inundated mangrove fringes that do not include listed habitat or animal species***	50*	May be reduced to an average of twenty-five (25) feet but no less than fifteen (15) feet if entire setback is planted and maintained in native vegetation with a site suitable stormwater management plan and placed under conservation easement. Buffer must include a solid wall or fence a minimum of six foot tall.
   Properties classified as scarified adjacent to wetlands	50*	May be reduced to minimum of twenty-five (25) feet without regard to buildable area if entire setback is planted and maintained in native vegetation with a site suitable stormwater management plan and placed under conservation easement.
   Wetlands that include listed habitat or animal species***	25 minimum*	Buffer may be reduced to allow for up to 2,000 square feet of principal structure footprint of reasonable configuration.

   Footnotes for Table 106.28.1
   
   * If the buffer precludes all economically viable use of a particular property, development as defined in the F.S. 380.05, may be allowed within the buffer in accordance with Plan policy 4-1.4.2.
   
   ** Exception: docks, docking facilities, utility pilings, fences, boat ramps, slips and basins; seawalls, retaining walls, riprap, bulkheads, walkways, water observation platforms and walkways.
   
   *** The wetland setback reduction shall not apply to wetlands used by bald eagles for nesting, or listed species for nesting, denning, or critically important feeding habitat. The mere fact that a species is listed does not imply that all of its feeding habitat is critically important.
   
   ¹Limited to utility pilings, fences, docks, boat ramps, boat slips, boat shelters, seawalls, retaining walls, riprap, bulkheads, walkways and outdoor sport and recreational accessory structures such as, but not limited to, non-enclosed decks, gazebos, pools, spas, permanent barbecues, or fish cleaning tables.
2. The buffer shall retain the existing undisturbed vegetation. No activity shall occur within a buffer area, except as expressly provided in this Section or as approved by the City of Marathon in accordance with standards set forth in this article. The above shall not be interpreted to prohibit the removal of non-native vegetation or the planting of native vegetation.
3. Wetlands or other surface waters shall not be filled to achieve the setback buffer requirement.
4. In the event that alteration to a surface water buffer or wetland buffer area occurs without first obtaining the approval required by this chapter, restoration or other corrective action shall be required of the responsible party at a ratio of 3:1.

Final approval of an application may not be granted pursuant to this Section until it is determined that each of the following criteria will be met:

1. Development of wetlands that results in conversion to uplands is permitted only within the disturbed salt marsh and buttonwood association habitat and shall comply with minimum required open space ratios in accordance with Table 106.16.1.
2. There shall be no net loss of wetland values and functions, as determined by the City Biologist.
3. The project is designed to minimize adverse impacts regarding the conservation of populations of fish or wildlife or their habitats, as determined by the City Biologist.
4. The project is designed to control and will not cause excessive erosion, as determined by the City Biologist.
5. The project will not adversely affect commercial or recreational fisheries or their habitats, as determined by the City Biologist.
6. Listed species and/or their critical habitats will not be adversely impacted, as determined by the City Biologist.
7. The project will not adversely impact historic or archeological resources, according to the Director.
8. Project alternatives and modifications to lessen impacts have been determined, by the City Biologist, to be infeasible, i.e. there are no reasonable design alternatives or modifications available to lessen impacts.
9. The project does not conflict with any other federal, state or local designated preserve or conservation area.
10. Any structure proposed in, on or over surface water is water-dependent. If not water-dependent, the structure must clearly demonstrate an overriding public interest and health, safety and welfare.
11. There will be no violation of water quality standards; the project complies with state and local water quality rules and standards set forth in Florida Administrative Code Chapters 62-302, 62-550, and 40C-4.301(1)(e).
12. In conjunction with other projects, the project will not result in cumulative impacts that in the aggregate fail the criteria of this section.
13. Land and Water Uses Classified and Prioritized.
    1. Water Dependent. The following non-exhaustive list of land and water uses and activities are considered to be "water-dependent." Such uses are economically and physically dependent upon a coastal location and are given a higher priority than those land and water uses and activities that are not water-dependent. Water-dependent uses include, but may not be limited to:
       1. Boat harbors;
       2. Freight, fuel or other docks;
       3. Marine-based tourism facilities;
       4. Boat repair, haul outs, marine ways and accessory attached house;
       5. Shipwrights;
       6. Facilities that service the transportation of good and services between the marine transportation system and the road system;
       7. Mariculture activities and fish processing; and
       8. Facilities to provide public access to coastal waters.
    2. Water-Related. The following non-exhaustive list of uses and activities are considered to be "water-related:"
       1. Commercial activities such as hotels, restaurants and other similar uses that provide views and access to the waterfront. Commercial uses that promote physical or visual use of shorelines by the public will be given preference over other commercial uses in developing shoreline locations.
       2. Residential development.
    3. Prioritization of Uses.
       1. Facilities for water-dependent recreation, such as fishing, swimming, and boating, and water-related recreation such as picnicking, hiking and walking shall be located near the shoreline, while non-water-related recreation facilities shall be located upland where practicable.
       2. Uses and activities that are neither water-dependent nor water-related, but for which there is no practicable upland alternative to meet the public need for the use or activity, receive the lowest priority for a coastal location.

Applicants not exempted under this Section shall be required to designate and protect through a Grant of Conservation Easement in conservation management area all surface waters, wetlands, and associated buffers on the parcel for which development activity is proposed, except for those portions on which impact is authorized pursuant to Section 106.33 below. Permanent protection, maintenance and monitoring shall be in accordance with this Chapter.

For projects that do not meet the general approval criteria of this Chapter, and are not specifically exempted by this Section, the City may evaluate proposals for mitigation. Mitigation plans shall be evaluated as part of preliminary plan review by the TRC.

Where impact is allowed under one (1) of the scenarios identified in this Section, mitigation shall be required in accordance with this Chapter. Impact may be allowed if all of the following criteria are met:

1. Mitigation may be permitted for new wetland loss only where the applicant demonstrates that the activity cannot practically be located on the upland portion of the parcel or contiguous parcels under common ownership or control. The applicant must show that one of the following applies:
   1. Overriding public interest; or
   2. All economically viable use of the property is otherwise precluded.
2. An applicant may be permitted to mitigate for wetland loss only where the applicant has made all practicable project modifications to avoid and minimize wetland loss and degradation in accordance with this Chapter;
3. An applicant may be permitted to mitigate for wetland loss where the applicant can demonstrate that the existing wetlands that are to be converted to upland uses are of low or moderate functional capacity and value based on their size, soils, hydrology, plant and animal life, pursuant to Keys Wetland Evaluation Procedure (KEYWEP); and that the measures necessary to sustain or restore the existing wetlands would be less feasible than the proposed mitigation plan;
4. If the 50-foot buffer results in less than 2,000 square feet principal structure, then the setback may be reduced to allow for a 2,000 square foot principal structure of reasonable configuration, provided that a minimum wetland buffer of 25 feet be maintained.
5. On properties classified as scarified adjacent to wetlands, the wetland setback may be reduced to 25 feet, without regard to buildable area if the entire setback area is planted and maintained in native vegetation with a site-suitable stormwater management plan that meets the provisions Article 11 "Stormwater Management" of Chapter 107 and thereafter designated as a conservation area, and managed pursuant to the requirements of Articles 8, 9 and 10 of this Chapter.
6. The wetland buffer required by this Article shall not apply to mangrove or wetland fringes occurring along man-made canals, channels or basins.

In order to be considered, a mitigation proposal must ensure the long-term viability of the mitigation project, advance the City's natural resources conservation objectives and policies, and meet the minimum standards for mitigation of conservation areas generally as set forth in this Chapter. Specifically:

1. Mitigation shall occur in areas designated by the City, the Florida Department of Environmental Protection (DEP) or the U.S. Army Corps of Engineers (ACOE). A determination by the ACOE or the DEP that mitigation can be satisfied through an in-lieu fee program or mitigation bank will also satisfy the City's mitigation requirements.
2. Mitigation shall be determined for individual projects by applying the Uniform Mitigation Assessment Method (UMAM), pursuant to Chapter 62-345, Florida Administrative Code.

In the event that alteration occurs to a wetland or surface water without first obtaining the appropriate review and approval required by this Article, the following corrective actions may be required:

1. On-site restoration of buffers, habitat, and hydrology of the original wetland area at a rate of 3:1.
2. In the event that damage is irreparable, purchase and permanent protection of comparable natural resource features, including natural communities, shall be required at a ratio of between 5:1 and 10:1 acreage of compensation area to impacted area, based on factors including, but not limited to: habitat rarity, uniqueness, value, function and quality; and the nature, degree and extent of unauthorized impact, as calculated by the City Biologist.
3. Payment of an environmental restoration fee calculated as follows: the cost to create or recreate lost function and value of the resource, multiplied by the number of years necessary to restore function and value to pre-alteration levels. The fee shall be deposited into the City Restoration Fund for use in the restoration and management of wetlands.
4. In addition to other penalties provided in this Section, the City Attorney may institute or participate in any appropriate civil or administrative action or proceeding to declare, prevent, restrain, correct or abate any violation of any provision of this Article. The City may also seek civil remedies pursuant to Laws of Fla. Ch. 90-403.
5. The City Manager may withhold the issuance of other certificates, licenses, or permits on related developments or projects where violations of this Article are outstanding until the violations of this Article have been abated.

All shoreline development shall preserve native upland, wetland, and aquatic vegetation and communities to the maximum extent possible and must offer protection from erosion, contribute to the natural soil building process, provide habitat for a diverse community of endangered, threatened or species of special concern and be aesthetically pleasing and can be reasonably incorporated as a landscaping asset for waterfront development.

In addition to the provisions of Article 1, "Marinas" and "Waterfront Walkways and Docks" of Chapter 104 and Article 5 "Setbacks and Height", Chapter 107, all shoreline development shall be subject to the following:

1. Tidal Flushing and Circulation. Coastal development shall be located, designed and operated, to the extent practicable, to minimize adverse impact upon important physical shore features and processes, including tidal flushing and circulation patterns, accretion shore forms, beaches, and littoral drift. Any project that may produce changes in circulation patterns shall be approved only after sufficient hydrographic information is available to allow an accurate evaluation of the possible impacts of the project.
2. Scenic Quality. Waterfront businesses shall not detract from the scenic qualities of the shoreline and shall be compatible in design with their surroundings and to the greatest extent practicable shall not significantly block scenic vistas.
3. Shoreline Access. New shoreline development shall provide physical and visual access to shorelines when such access does not interfere with operations or present a hazard to life or property.
4. Consolidation of Facilities. To the extent practicable, facilities and activities shall be located adjacent to similarly used facilities and areas.
5. Compatibility. Activities on and uses of lands and waters shall be compatible with adjacent land and water uses. Compatibility shall be given priority attention when maritime industrial uses locate adjacent to or share facilities with docks used by tourists. Compatibility may be achieved by visual and sound buffering and screening.
6. Stormwater and Pollutant Runoff. All structures shall be designed such that stormwater and pollutant runoff is contained on-site, consisted with the stormwater management standards of Article 11 of Chapter 107. Pools, spas, fish cleaning tables, and similar pollutant sources shall not discharge directly into surface waters. Structures should be made of permeable materials, whenever practical, to allow the infiltration of stormwater runoff.
7. Development in the Coastal High Hazard Zone. Development shall be sited, constructed and operated to reduce the impact of flooding, to allow for natural drainage and to minimize damage to life and property. To the extent practicable, development is discouraged within the VE zones. Those areas can be developed if structural requirements reflect the physical opportunities and constraints of the site (e.g., flooding and a high groundwater table) pursuant to Article 12 "100-Year Floodplain" of Chapter 107.
8. Hardened Shorelines. Bulkheads, seawalls and other hardened vertical shoreline structures may be permitted on residential canals and altered shorelines only in the following situations and then only where rip-rap or sloping rock revetments in conjunction with biotechnical erosion control and geotextiles or geogrids will not suffice as determined by the City Biologist:
   1. Bulkheads, seawalls or rip-rap may be allowed when it is replacing an existing deteriorated bulkhead or seawall or to stabilize a severely eroded shoreline area where it is demonstrated that rip-rap with biotechnical erosion control is not sufficient and they are necessary for erosion control. Seawalls may have a cap of two (2) feet in width.
   2. Bulkheads, seawalls or rip-rap do not constitute a docking facility by themselves. All elements, such as lifts, davits or cleats, which constitute a docking facility, must comply with the requirements of the LDRs for docking facilities.
   3. No new vertical seawalls or bulkheads shall be permitted on open water shorelines.
   4. No seawalls, bulkheads, rip-rap, retaining walls or other shoreline hardening structures shall be permitted on or waterward of any portion of a sea turtle nesting beach or within the setback from a sea turtle nesting area.
   5. The design of the permitted rip-rap, bulkhead or seawall system must include a minimum six-inch retention swale, berm or curb directly landward of the proposed system.
   6. The bulkhead line shall be located at the average mean high water line of the property at the time a permit for the bulkhead is requested. Reclamation of eroded property through bulkheading and backfilling is prohibited. Significant inconsistencies with adjacent existing bulkheads shall be resolved through the use of angled bulkhead lines and/or rip-rap placed at the base of the new bulkhead.
   7. Rip-rap or sloping rock revetments shall meet the following guidelines:
      1. Be used, with biotechnical erosion control, only to the minimum extent necessary.
      2. Be placed landward of any existing mangroves.
      3. Whenever feasible, be placed at the base of solid seawalls to dissipate wave energy and provide a substrate for marine organisms.
      4. Be constructed in a manner that would not prevent the establishment of native vegetation.
      5. Consist only of natural boulders or clean concrete rubble six (6) inches to three (3) feet in diameter (average dimensions).
      6. The slope of the rip-rap is no steeper than a ratio of 2 Horizontal to 1 Vertical and the horizontal distance from the landward edge or mean low water line is no more than eight (8) feet.
      7. There are no reinforcing rods or other similar protrusions in concrete rubble and all rubble or boulders are free of attached sediments.
      8. Neither the distance nor the use of the rip-rap interferes with safe navigation or infringes upon the riparian rights of the adjacent property owners.
      9. There is no filling or dredging associated with the placement of rip-rap other than the rip-rap material itself.
   8. Shoreline stabilization projects on open water that do not conform to the requirements of this Section may only be approved upon a determination by the Director, in consultation with the City Biologist, that the project has a valid public purpose that furthers the objectives, goals and policies of the Plan.

1. Beach renourishment projects shall be subject to the standards pursuant to Fla. Stat. Chapter 161, Chapter 62b-36 F.A.C, Fla. Stat. § 370.12(1), Army Corps of Engineers, "CECW-EW Coastal Engineering Manual - Part V, July 31, 2003" and the Department of Environmental Protection: Office of Beaches and Coastal Systems, "Strategic Beach Management Plan, Florida Keys Region", 2000. The sand used for any renourishment project shall be sand which is similar to the native beach sand in both coloration and grain size and is free of construction debris, rocks, clay, or other foreign matter.
2. Beach construction activities shall take place outside of sea turtle nesting season. During activities that require dredging, a qualified endangered species monitor shall be on station on the dredge at all times to ensure that no sea turtles or marine mammals are harmed by the project.

The following activities are allowed on submerged lands, mangroves, regulated surface waters, wetlands and wetland buffers, subject to the specified limitations, restrictions and conditions. Persons wishing to make use of this section shall submit a natural resources inventory or comparable administrative notice in order to demonstrate that they qualify and must obtain all necessary federal, state and water management district approvals and a permit from the City prior to initiating any of the following activities in surface waters, wetlands, and buffers:

1. Bona Fide Aquaculture Activities. Aquaculture operations restricted to submerged lands and surface waters and conducted in accordance with the practices outlined in Best Management Practices for Aquaculture (October, 2002 edition published by the Department of Agriculture and Consumer Services, Article of Aquaculture). No fill or enclosed structures shall be permitted in submerged lands, mangroves, surface waters or undisturbed wetlands.
2. Accessory Structures. Accessory structures, as defined in Chapter 110, within the shoreline buffer are subject to the following:
   1. Not more than 60 percent of the required buffer along man-made canals, channels, basins and lawfully altered shorelines may be utilized by accessory structures;
   2. All other shorelines shall be limited to a maximum of 30 percent of the required buffer for all accessory structures; and
   3. Only pile supported docks and walkways shall be allowed in submerged lands, mangroves, surface waters and undisturbed wetlands. No fill is permitted in these habitat types.
3. Water Access Structures. Construction and maintenance of public or private water access structures providing that the requirements of Article 1 "Waterfront Walkways and Docks" and "Water Access Structures" of Chapter 104 are met.
4. Water Observation Platform and Boardwalks. The installation of a water observation platform or boardwalk provided the requirements of Article 1 "Waterfront Walkways and Docks" of Chapter 104 are met.
5. Docking Facilities. The installation of a dock provided that the requirements of Article 1 "Waterfront Walkways and Docks" of Chapter 104 are met.
6. Bulkheads, Seawalls, and Riprap. Bulkheads, seawalls, and riprap may be permitted provided that the requirements of Subsection 106.36H. "Hardened Shorelines" are met.
7. Navigational Aids. The installation of aids to navigation, including, but not limited to, bridge fender piles, "No Wake" and similar regulatory signs, and buoys associated with such aids, provided that the devices are marked pursuant to Fla. Stat. § 327.40.
8. Treatment Wetlands. In the case where specific permitted use(s) and associated required modifications are allowed in "treatment wetlands" or in a "wetlands stormwater discharge facility" pursuant to Chapter 62-611 and Rule 62-25.042, Florida Administrative Code, respectively. Failure to comply with operating conditions of such permit(s) shall nullify this exemption.
9. Connection of Stormwater Facilities. Dredging or filling which is required to connect stormwater management facilities permitted by the South Florida Water Management District or the City of Marathon Department of Public Works to nontidal wetlands, which is integral to a properly permitted project and incidental to the construction of such stormwater management facilities. Plans should indicate where dredging and filling will take place and the issuance of the permit is deemed to allow dredging and filling only as approved on the submitted plan. Incidental dredging or filling shall include:
   1. Headwalls and discharge structures;
   2. Erosion control devices or structures to dissipate energy which are associated with discharge structures;
   3. The connection of ditches dug through the uplands where the dredging or filling for the connection to wetlands extends less than 20 feet in length into the wetland; and
   4. Other dredging or filling which the City Biologist determines will have a similar effect as those activities listed above.
10. Repair or Replacement. The repair or replacement of existing vehicular bridges, functional piers, mooring piles, boat ramps, or stormwater discharge pipes, at the same location and of the same dimensions and configuration as the original being repaired or replaced, provided that no more dredging or filling is performed than necessary, and no debris from original structures shall be allowed to remain in jurisdictional wetlands.
11. Emergency Repairs. Emergency repairs consistent with the requirements of Rule 62-312.090, Florida Administrative Code.
12. Dredging. All dredging activities shall require permitting from FDEP and the ACOE prior to making application to the City of Marathon.
    1. No new dredging shall be permitted in the City except to maintain a consistent water depth within existing navigable channels maintained by the US Coast Guard or for canals that were unevenly dredged as documented in a report from a qualified expert. The removal of a natural or man-made barrier separating a canal or canal system from adjacent waters does not qualify for exemption.
    2. In addition to other Federal, State or City regulations, such dredging is subject to the following conditions:
       1. Dredging shall be limited to the minimum required to match surrounding depths, not to exceed minus seven (-7) feet MLW.
       2. During all dredging activities a qualified endangered species monitor will be on station on the dredge at all times to ensure that no sea turtles or marine mammals are harmed by the project.
       3. Control devices shall be used at the dredge site to prevent turbidity and toxic or deleterious substances from discharging into adjacent waters during dredging.
       4. The performance of maintenance dredging of existing man-made ditches, canals, channels, and intake and discharge structures, provided that:
          1. Area to be dredged is not vegetated with sea grass beds or characterized by hard bottom communities, except for maintenance dredging in public navigation channels;
          2. No more dredging is performed than is necessary to restore the canals, channels, and intake and discharge structures to original design specifications, but shall not exceed depths greater than minus seven (-7) feet MLW unless other wise permitted by ACOE and DEP to maintain safe, navigable waters; and
          3. Control devices shall be used at the dredge site to prevent turbidity and toxic or deleterious substances from discharging into adjacent waters during maintenance dredging.
13. Altered Wetlands. In instances where the water regime of a wetland has been artificially altered, but the dominant vegetation of the area in question continues to be comprised of wetland species, a feasibility of hydrologic restoration shall be made by City staff. Hydrologic restoration that can be accomplished by minor earth work or drainage controls, and would not be contrary to the public health, safety, and welfare, shall be viewed as the preferable alternative to the proposed development activity. This provision for exemption is not intended to apply in the case where a surface water and/or wetland has been filled or altered in violation of any rule, regulation, statute, or this Chapter.
14. Artificial Wetlands. All man-made impoundments, lakes, streams, ponds, artificial or created wetlands, and all stormwater management facilities, provided that development activities in these areas will not adversely impact natural or mitigation surface waters and wetlands. If these facilities were required as a mitigation project they shall not be exempt from this Chapter. If any wetlands or surface waters are part of a stormwater management facility approved by the City, the same function must be provided and any modifications shall be subject to approval by the City.
15. Fill. No fill shall be permitted in any mangroves, wetlands or submerged lands except as follows:
    1. In conjunction with the construction of bulkheads, seawalls, riprap and boat ramps and elevated, pile designed water access structures that meet all other standards of these regulations;
    2. To fill a manmade, excavated water body such as a canal, boat ramp, boat slip, boat basin or swimming pool, providing that the City Biologist determines there will be no significant impact upon marine or wetland communities;
    3. As needed for shoreline stabilization or beach renourishment projects with a valid public purpose that further the goals of the Plan as determined by the City Biologist;
    4. As approved for Disturbed Saltmarsh and Buttonwood Association Wetlands with appropriate mitigation, as established in this Chapter.
    5. [Reserved.]
    6. All such projects shall require approval by the FDEP and ACOE prior to submission to the City.

Historic resource is a comprehensive term that refers to both historic structures and sites, and archaeological resources and properties. For the purposes of this Article only, historic structures and sites, and archaeological resources, are treated as two (2) distinct categories.

1. Purpose. It is the purpose of this Section to implement the City of Marathon Comprehensive Plan; and to preserve, protect, restore, rehabilitate, and encourage adaptive use consistent with preservation of historic character of structures, sites, travel routes, cemeteries, districts, buildings, objects, or other real or personal properties with intrinsic historical or architectural value relating to the history, government, and culture of the State and City.
2. Significant Historic Structures and Sites. Significant historic structures and sites are those historic structures and sites that are listed or regulated by the State of Florida.

1. General Mapping. Maps of known historic structures and sites are maintained by the Florida Department of State, Article of Historical Resources, Master Site File, and by the City of Marathon Planning Department.
2. Site Specific Determination. Surveys and analyses for historic structures and sites shall be required prior to alteration of a property known or likely to contain structures or sites of historical significance.
   1. Where historic structures or sites are mapped, surveys and analyses shall be required by the City without recommendation of the Department of State, Article of Historical Resources.
   2. Where historic structures or sites are not mapped, surveys and analyses may be required by the City upon recommendation of the Department of State, Article of Historical Resources, or qualified professional.
3. Standards for Authorized Investigation. Surveys and analyses for historic structures and sites shall be conducted in accordance with standards and methodology for the natural and historic resources assessment. Authorized investigations and reporting of historic structures and sites shall, at a minimum, conform to Chapter 1A-46, Florida Administrative Code, and the provisions and standards contained in the "Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation", Sept. 29, 1983 prepared under the authority of Sections 101(f), (g), and (h), and Section 110 of the National Historic Preservation Act of 1966, as amended). These documents are adopted and made part of this chapter by reference. Copies are available from the City Planning Department.

Except as otherwise expressly provided in this section, no activity shall occur on a property that contains, or has reasonable potential to harbor, structures or sites of historical significance, without the appropriate analysis and opportunity for mitigation, as specified below.

1. Preservation, restoration, or rehabilitation of historic structures shall be encouraged and incentives provided where possible.
2. The demolition of a historic structure or a structure that is integrally related to a historic structure shall be prohibited without allowing an opportunity for the acquisition of fee or less-than-fee interest in the property by a governmental unit, an organization, or by any other entity committed to the preservation, restoration, or rehabilitation of the structure(s).
3. Adaptive use of historic structures consistent with preservation of their historic character shall be encouraged. Where possible, variances to building Codes and regulations shall be made to facilitate the rehabilitation and maintenance of historic structures. Historic structures originally built for residential use shall be maintained as residential dwellings to the greatest extent possible, but may be adapted to other uses.

Due to the lack of appropriate areas and the irretrievable losses that such intense activities may potentially impose on the ecosystem, mining of mineral activities shall not be permitted within the City.

It is the purpose of this article to implement the City of Marathon Comprehensive Plan, and to preserve, protect, and restore archaeological resources. These resources constitute the physical evidences of past human activity, as well as evidences of the effects of that activity on the environment, including, but not limited to: monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, sunken or abandoned watercraft, engineering works, treasure troves, artifacts, or other sites, landforms, properties, objects or features with intrinsic archaeological value.

Significant archaeological resources are those archaeological resources that are listed or regulated by the State of Florida.

1. General Mapping. Maps of known archaeological sites are maintained by the Florida Department of State, Article of Historical Resources, Master Site File.
2. Site-specific Determination. Surveys and analyses for archaeological resources shall be required prior to alteration of a property known or likely to contain resources of archaeological significance, as set forth for historic sites and structures in [this article].
3. Standards for Authorized Investigation. Surveys and analyses for archaeological resources shall be conducted in accordance with standards and methodology appropriate to archaeological resources, as set forth for historic sites and structures in this article.

Except as otherwise expressly provided in this Section, no development activity involving ground disturbance shall occur on a property containing, or having reasonable potential to harbor, resources of archaeological significance, without the appropriate analysis and opportunity for mitigation as specified in this article.

Avoidance, minimization, and mitigation (in that order of preference) of adverse impacts on significant archaeological resources shall be required as appropriate to the scale and significance of the resource.

Development orders for parcels containing known or suspected areas of archaeological significance shall be conditioned, where appropriate based on recommendation from qualified professional, to accomplish the following:

1. Insure proper archaeological investigation prior to construction; and, where appropriate, avoidance, minimization, and mitigation of impacts.
2. Preserve and provide perimeter buffering around significant archaeological sites in order to maintain the security and integrity of the resource. This may include, if necessary, alteration to the proposed or originally approved site plan.
3. Where archaeological sites are to be preserved, incentives to encourage retention of these areas may be provided.
4. Mitigation of archaeological resources may include, but is not limited to the following:
   1. The excavation of an archaeological resource or an object or property that is integrally related to a significant archaeological resource shall be prohibited without allowing an opportunity for the acquisition of fee or less-than-fee interest in the property by a governmental unit, an organization, or by any other entity committed to the preservation, restoration, or rehabilitation of the resource(s).
   2. Adaptive use of archaeological landforms or properties consistent with preservation of their archaeological character shall be encouraged.

The purpose of this article is to provide for the conservation and management of natural resources when undergoing review as part of a development application. Regulated natural and historic resources shall be protected onsite through a conservation easement as conservation management areas as set forth below.

The amount of land to be protected within a conservation management area shall include the entire regulated natural or historic resource, as well as additional areas such as buffers, setbacks and linkages that preserve natural systems functions.

Conservation management areas shall be designed and maintained in areas with intact vegetation, including canopy, understory and groundcover where applicable, in functional, clustered arrangement, with logical contiguous boundaries to eliminate or minimize fragmentation to the greatest extent practicable. Where alternative sites exist, the site or sites selected for onsite protection shall be the best suited to preserve ecological integrity, maximize use by wildlife and maintain the long-term viability of natural plant or animal communities. The selection shall be based upon the following:

1. Function and value of natural resources;
2. Quality and condition of natural resources;
3. Protectability and manageability;
4. Size and shape (emphasis should be on avoiding enclaves of development or areas fragmented by development; and, on providing, where appropriate, adequate buffers from the secondary impacts of development and adequate wildlife corridors);
5. Contiguity with adjacent existing habitat, functional wetland system, floodplain, or habitat corridor;
6. Existing species population sizes and life history requirements;
7. Proximity and accessibility to other populations of the same species;
8. Compatibility of conservation with adjacent land uses; and
9. Recommendations from the U.S. Fish and Wildlife Service and other appropriate agencies.

Conservation management areas shall be located in one (1) or a combination of the following configurations:

1. Common open space;
2. Entirely within the boundaries of a single individual lot; or
3. Across multiple lots, designed to minimize impact to conservation resources.

The use of conservation management areas shall be limited to that which is compatible with protection of the ecological integrity of the protected resources. The following uses may be permitted as part of an approved management plan, provided they do not adversely affect natural resource function and ecological integrity:

1. Nature trails (mulched walking paths, elevated wooden walkways);
2. Low intensity, passive recreational activities such as wildlife viewing and hiking;
3. Scientific and educational activities (interpretive trails, observation points);
4. Site investigative work such as surveys, soil logs, and percolation tests;
5. Scenic, historic, wildlife, or scientific preserves;
6. Ongoing Aquacultural activities that:
   1. Are consistent with the protection of the natural resource(s) identified on the site for protection under the management plan; and
   2. To the extent consistent with the protection of such resources, follow certification programs or Best Management Practices as set forth in Section 106.38 A.
7. Constructing fences where no fill activity is required and wildlife movement corridors are maintained; and
8. Other uses demonstrated to be compatible with natural resource protections as outlined in the management plan.

The following activities are prohibited unless part of an approved management plan:

1. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground.
2. Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials.
3. Removal or destruction of native trees, shrubs, or other vegetation.
4. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface.
5. Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition.
6. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation.
7. Acts or uses detrimental to such retention of land or water areas.
8. Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance.

Wastewater and stormwater discharges to conservation management areas are generally prohibited. Discharges may be allowed only in surface waters and wetlands features if the following criteria are satisfied:

1. The quantity, timing, and quality of discharge maintain or improve water quality, biological health, and function of the natural ecosystem.
2. Downstream waters are not affected by nutrient loading.
3. The project owner or developer prepares and implements maintenance and monitoring plan acceptable to the City.
4. The project owner or developer corrects any failures in design or operation of the system that cause degradation of water quality, biological health, or the function of the natural ecosystem.
5. The owner or developer posts a performance bond or similar financial guarantee to assure implementation of maintenance and monitoring in conjunction with this article.
6. Treatment is provided in accordance with the requirements of the South Florida Water Management District.

Prior to and during parcel alteration, the conservation management area boundaries shall be clearly marked and appropriately protected as follows:

1. Physical protection barriers shall be installed around the outer extent of the set aside portion of conservation management areas as necessary to prevent disturbance by individuals and equipment. Protective barriers must be installed and approved prior to commencement of permitted activities, including grading or site preparation and maintained in place until activities are complete.
2. Erosion and turbidity control measures shall be required in order to prevent runoff of turbid water into conservation management areas.
3. In addition to mitigation required pursuant to this chapter, the developer shall completely restore any portion of a protected conservation management area damaged during the proposed activity. Certificates of occupancy shall not be issued until restoration activity has been completed.

Conservation management areas shall be permanently protected as follows:

1. Dedication. All areas protected under this section shall be restricted from further subdivision, and protected in perpetuity using a legal instrument that runs with the land, in a form acceptable to the City and duly recorded in the public record which assures the preservation and continued maintenance of the conservation management area.
   1. The required legal instrument shall be a conservation easement in accordance with Fla. Stat. § 704.06, to be recorded in the public records of Monroe County, which shall restrict the use of the land in perpetuity to nondevelopment uses and be expressly enforceable by the City.
   2. Other forms of dedication may be considered by the City if comparable protection is demonstrated which assures the preservation and continued maintenance of the conservation management area.
   3. The City may issue development approval subject to the recording of the approved legal instrument. Issuance of construction and building permits shall be withheld until proof of recordation is provided to the City.
2. Plat Notations. The boundaries of designated conservation management areas, including any required buffers, and the building area limitation as required by this article for lots located within the conservation management areas shall be clearly delineated on site plans, plats, and deed restrictions, and a legal description of the boundaries shall be included. A plat shall identify express prohibitions preceded by the following statement:
   
   "The activities/acts/uses identified below are prohibited in designated "conservation management area(s)" unless part of an approved management plan without express written permission from the City of Marathon. Violation of any one (1) of these provisions without such written permission shall be considered a discrete violation of a Development Order issued by the City Council. Development Order terms are enforceable by the City of Marathon Code Compliance Board. Violations may result in monetary penalties and/or order to restore conservation area(s) to preexisting conditions at the expense of the owner(s). Failure to comply with Code Compliance Board orders may result in liens against the property.
   
   Prohibited activities/acts/uses in "conservation management area(s)":
   1. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground.
   2. Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials.
   3. Removal or destruction of native trees, shrubs, or other vegetation.
   4. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface.
   5. Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition.
   6. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation.
   7. Acts or uses detrimental to such retention of land or water areas.
   8. Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance."
3. Field Markers. Permanent survey markers using iron or concrete monuments to delineate the boundary between conservation management areas and contiguous land shall be set, according to current survey standards. Markers shall be installed prior to issuance of the initial certificate of occupancy or other final approval, and shall be maintained by the owner in perpetuity.
4. Signs.
   1. The perimeter of conservation management areas shall be permanently identified with uniform signs that identify the area as protected conservation area.
   2. When signage is required by another governmental agency and coincides with City requirements, the alternate signage shall satisfy this requirement.
5. Identification on Habitat and Species Maps. Areas protected as conservation management areas shall be indicated as such on the Habitat and Species Maps of City of Marathon, and may be rezoned to a conservation zoning category with landowner approval at the City's expense.

Conservation management areas shall be maintained in compliance with standards set forth in this chapter and any required management plan.

1. Responsibility. Unless otherwise agreed by the City, the cost and responsibility of managing the protected area shall be borne by the owner or responsible entity.
2. Minimum Requirements. Management shall maintain or enhance the ecological value of the protected area and support the survival of listed species. Management shall include, but not be limited to the following:
   1. Non-native vegetation shall not be introduced into the protected area. Invasive vegetation shall be removed if possible, or reduced to a level of noninterference with the growth of native vegetation. Removal shall be accomplished utilizing ecologically sound techniques, including manual removal, and hand-held power equipment. Trees which are actually used as nest or perch trees shall be retained but controlled. All vegetative debris must be disposed of outside the protected area.
   2. Dead trees that are not a hazard to humans and that provide habitat for wildlife shall remain in the protected area.
   3. Where removal occurs, replacement with appropriate native species may be required.
   4. Future owners, tenants, or other users of the protected area and resource shall be informed of the specific requirements of the approved management plan, and relevant state and federal laws. Information shall consist of tangible materials, including, but not limited to, deed or title notes, brochures and signage.
   5. Fencing may be required to control access to the protected area.
3. Management Plan.
   1. A management plan may be required in order to provide long-term protection and maintenance of the values and functions of the conservation management area, in accordance with this chapter.
   2. The parcel owner shall maintain the protected area in accordance with the management plan. Adequate financial resources to maintain and manage the protected area may be required.
   3. Modifications to the management plan are prohibited without prior written approval by the City.
4. Failure to Maintain. In addition to any other remedies provide by the LDRs, if the conservation management area is not properly maintained or managed, the City may assume responsibility of maintenance and may charge the property owners or responsible entity a fee which covers maintenance and administrative costs.

1. The conservation management area may be owned by one (1) or a combination of the following:
   1. Landowner;
   2. Homeowners' association;
   3. Established land trust;
   4. Nonprofit conservation organization;
   5. City of Marathon, with approval;
   6. Other public agency with conservation responsibilities and expertise (e.g. South Florida Water Management District).
2. If the conservation management area is not properly maintained in accordance with the approved management plan, the City may assume responsibility of maintenance and charge the property owner or homeowners' association a fee which covers maintenance and administrative costs.

A management plan shall be required for all development applications involving properties with regulated natural resources areas whether or not impact is proposed. The management plan shall be submitted for review and approval concurrent with submittal of the application. An exemption from the requirement to provide a management plan is granted for Class III habitats as established in Chapter 106, Article 3, Table 106.16.1.

The management plan shall be prepared at the expense of the applicant by person(s) qualified in the appropriate fields of study, and conducted according to professionally accepted standards.

The management plan shall provide for the following:

1. Description of goals and objectives based on type of natural resources to be managed;
2. Description of all proposed uses, including existing and any proposed physical and access improvements;
3. Description of prohibited activities, such as mowing in wetland buffers, or removal of native vegetation in protected habitat areas;
4. Descriptions of ongoing activities that will be performed to protect, restore, or enhance the natural resources to be protected. This may include:
   1. Removal or control of invasive vegetation and debris;
   2. Replanting with native vegetation as necessary;
   3. Provision for listed species habitat needs, including restricting, at appropriate times, intrusions into sensitive foraging, breeding, roosting, and nesting areas;
   4. Fencing or other institutional controls to minimize impact of human activities on wildlife and vegetation, such as predation by pets;
   5. Cooperative efforts and agreements to help promote or conduct certain management activities, such as cleanups, maintenance, public education, observation, monitoring, and reporting;
   6. Any additional measures determined to be necessary to protect and maintain the functions and values of conservation areas in accordance with the requirements of this chapter;
   7. Set of schedules, estimated costs, staffing requirements, and assignments of responsibility for specific implementation activities to be performed as part of the management plan, and identification of means by which funding will be provided;
   8. Performance standards with criteria for assessing goals and objectives;
   9. Five-year monitoring plan with schedule and responsibility;
   10. Ownership and party responsible for management activities;
   11. Provision for changes to be reviewed and approved by the City; and
   12. Contingency plans for corrective measures or change if performance standards are not met, and recognition of City enforcement authority.
5. Revision of an Approved Management Plan. Modifications to an approved management plan that do not result in lesser protection of the resource(s) present may be allowed, subject to approval by the City development review body that approved the original management plan.
6. Management Standards in lieu of Plan. The agreement to use management practices in accordance with a standard management plan template provided by the City may satisfy the requirement of a management plan.
7. Enforceability. The existence of the management plan shall be noted on plans and plats, covenants and restrictions, conservation easements and other documents as appropriate to the type of development and manner of protection provided. The management plan shall be specifically enforceable by the City.

Approval shall only be granted for proposed activities that are located, designed, constructed, and maintained to avoid, minimize, and, where necessary, mitigate unavoidable adverse impacts on regulated natural and historic resources, consistent with upland habitat limitations, the requirements for surface waters and wetlands and the requirements for tree preservation of this chapter.

1. Avoidance Measures. Specific measures for avoidance which will be required prior to authorization of any adverse impact may include, but are not limited to the following:
   1. Limiting the scope, degree or magnitude of the proposed activity.
   2. Using appropriate and best available technology.
   3. Sensitive site design, sitting of facilities, and construction staging activities.
   4. Exploring alternative on-site locations to avoid or reduce impacts of activities.
      1. Scheduling proposed activities at times of minimum biological activity to avoid periods of migration, rearing, resting, nesting and other species-specific cycles and activities.
      2. Managing the access to conservation management areas, such as fencing designed to separate wildlife and pets or to exclude humans from sensitive denning or breeding areas.
2. Minimization Measures. The following special design standards may be required to minimize disturbance caused by activities adjacent to natural resources:
   1. Minimum setbacks for clearing of natural vegetation adjacent to regulated natural resources or setbacks for the location of impervious surfaces greater than 100 square feet in base coverage.
   2. Limiting natural vegetation removal to the minimum necessary to carry out the proposed activity or to meet fire hazard standards. Protection of tree crowns and root zones may be required for all trees planned for retention.
   3. Roads and other development features located to follow existing topography and minimize cut and fill.
   4. Designing stormwater to maximize natural overland flow through natural drainage systems and grassed overland (roadside and lot line) swales; multi-purpose use of stormwater management systems; use across or for multiple properties.
   5. Siting waste treatment systems and drainfields to prevent discharges that adversely impact the environmental quality of regulated natural and historic resources.
   6. Limiting residential density and building area in accordance with this chapter.
   7. Other reasonable protective measures necessary to minimize adverse effects may be required depending on conditions specific to a particular site.
3. Mitigation Measures. Where impacts to regulated natural resources cannot be avoided, mitigation may be required subject to the requirements of Section 106.64 below. Mitigation of adverse impacts to environmentally sensitive areas within the City shall be required for both public and private projects, in accordance with criteria specific to the resource and criteria generally applicable to mitigation proposals as set forth herein.

Mitigation of significant adverse impacts on regulated natural resources shall include funding for the acquisition and management, preservation, replacement, or restoration of significant ecological resources. A proposal for mitigation of significant adverse impacts must meet the following general mitigation standards. Mitigation of impact to wetlands and wetland buffers is provided in Article 4 of this chapter. Mitigation of impact to regulated trees is provided in Article 2, "Trees and Native Plants" of this chapter.

1. Determination of Impact. Significant adverse impacts to regulated natural resources shall be evaluated based on the terms of the natural function and value of the resource. Mitigation shall be acceptable only where it is determined that mitigation will result in no actual net loss of the resource function and value.
2. Characteristics of Mitigation Proposals. All proposals shall provide compensation for all functions and values of the natural habitat. Wetland mitigation shall be determined for individual projects by applying the Uniform Mitigation Assessment Method (UMAM), pursuant to Chapter 62-345, Florida Administrative Code as determined in this chapter. The following characteristics shall be included in the proposal:
   1. The hydrologic, soil, slope, and other basic characteristics of the proposed project must be adequate to achieve proposed project goals.
   2. The mitigation area must be at least as persistent as the existing natural resource it is intended to replace.
   3. The size of the mitigation area shall be based on the quality of habitat or vegetation on both the area of impact and the area of proposed mitigation. In the case of wetland resources, the size shall be determined from the results of the UMAM analysis.
3. Resource-Based Mitigation. Where mitigation is required by this chapter, resource-based mitigation may be provided on or adjacent to the site, or off-site. The order in which mitigation will be considered shall be:
   1. On-site Restoration or Enhancement. An applicant may mitigate for impacts on-site by replanting on or adjacent to the parcel, relocating movable resources from one portion to another portion of the parcel, or other measures to restore the quality, function and value of the resource. An easement may be required to ensure the continued viability of the area to be restored or enhanced.
   2. Off-site Preservation. The applicant may provide off-site mitigation through the preservation of land through off-site dedication, transfer of fee or less than fee simple title to a land conservation agency, nonprofit conservation organization, or other entity approved by the City. Portions of off-site conservation management areas requiring protection under this chapter shall not be used as credit towards a mitigation proposal. Mitigation of impacts to a listed plant or animal species or its habitat that is required by a State or federal agency (such as the ACOE and SFWMD) shall be applied towards off-site mitigation if it is for the same development project and meets the following requirements:
      1. Off-site protection sites shall meet all appropriate size, site selection and design, protection, ownership and maintenance, and other provisions of this chapter applicable to onsite conservation management areas. Fencing may be required to control access to the mitigation area.
      2. Off-site conservation management areas shall be located in the City and may include:
         1. Sites composed of addition of land to existing publicly managed areas held for conservation purposes, such as State or City parks or preserves;
         2. Sites recommended for preservation or restoration by a State or local governmental land conservation agency; or
         3. Other suitable sites within an ecosystem or watershed in proximity to the conservation or preservation area being adversely impacted by development.
4. Fee-in-Lieu of Land. As an alternative to the protection of land, the City may allow contribution of a fee-in-lieu-of-land to the environmentally sensitive lands fund, under which the City shall purchase or manage land to protect natural resources in accordance with standards of this chapter. Where fee-in-lieu of land is allowed, the cash payment shall be equivalent to 150 percent of the average per acre-appraised market value, at the time of permit application, multiplied by the number of acres of regulated natural resource for which mitigation is required, plus estimated total cost of management required to establish the viability of that type of resource.
5. Submittal of Proposal. A mitigation proposal shall be submitted in conjunction with the requirements for resource assessment requirements under Article 3. The mitigation proposal shall require the same assessment and specify the same details for mitigation areas as required for areas otherwise protected under this chapter. The cost and timing of any monetary contribution or off-site acquisitions shall be specified. A management plan shall be required in accordance with this chapter, and shall include contingency plans for corrective measures or change if performance criteria are not met.
6. Mitigation before Alteration. The initial construction, earthwork and planting for mitigation, or payment of fee-in lieu, shall be completed prior to the permitted alteration of regulated natural resources. However, in special situations where the City determines that this requirement will place an unreasonable scheduling hardship on the applicant, the applicant shall post double the required performance guarantee to ensure that the mitigation project will be completed.
7. Management and Monitoring. For all mitigation projects, the City shall require management and monitoring for a minimum of five (5) years. This period may be extended as necessary, based on the complexity of the resource or type of mitigation proposed, in order to demonstrate substantial establishment and success of mitigation. In conjunction with a management plan per this chapter, the following shall apply:
   1. Where plantings are required, success shall be measured by maintenance of 100 percent survivorship rate per species for all planted material. Semi-annual replanting shall be required to maintain required survivorship.
   2. Nuisance or invasive exotic vegetation shall be eliminated or controlled.
   3. Monitoring reports of the status of the mitigation area shall be submitted to the City Biologist no less than annually. Indicators appropriate to the resource shall be tracked and evaluated. Such indicators may include water quality chemistry, number of surviving plantings and any plantings made to maintain required survivorship.
8. Performance Guarantee. A performance guarantee shall be required in an amount equal to 110 percent of the estimated cost of mitigation, management and monitoring activities, to ensure the adequate monitoring and long-term viability of mitigation activities. The guarantee shall be provided for the duration of the time period required for maintenance and monitoring, but in no case less than two (2) years.
   1. Execution. The performance guarantee shall be executed by a person with a bona fide legal interest in the parcel. The performance guarantee shall be kept in full force until all obligations are satisfied.
   2. Form of guarantee. The guarantee shall be:
      1. Cash deposit or certificate of deposit assigned to the City;
      2. Escrow agreement for the benefit of the City and on a City approved form;
      3. Performance bond issued by a State of Florida registered Guarantee Company which shall be listed by the U.S. Department of Treasury Fiscal Services, Bureau of Government Financial Operations, and on a City-approved form;
      4. Irrevocable letter of credit on a City-approved form; or
      5. Similar security acceptable to the City.
   3. Certification. Within six (6) months of the completion of the period established for management and monitoring, the applicant shall submit a final report that includes, at a minimum, the following:
      1. Discussion of the projected relative success or failure of the project in mitigating for lost natural resource area value and function;
      2. Analysis of measures undertaken during the project that contributed to success;
      3. Analysis of problems encountered during the project that decreased success;
      4. Recommendations to increase the success of similar, future projects; and Summary of data collected.
   4. Failure to Mitigate, Manage or Monitor. The City may exercise its option on the performance guarantee in the event that mitigation, management or monitoring is not in compliance with proposed plan. In the event the City exercises its option on the guarantee, all obligations of the applicant under the mitigation and monitoring plan shall cease.