Zoneomics Logo
search icon

Neptune Beach City Zoning Code

ARTICLE VIII

PROTECTION OF ENVIRONMENTALLY SENSITIVE LANDS

DIVISION 2. - RESERVED[15]


Footnotes:
--- (15) ---

Editor's note— Ord. No. 2017-13, § 1, adopted June 5, 2017, deleted Div. 2 §§ 27-401—27-418 entitled "Floodplains," which derived from: Ord. No. 91-1-5, § 2, adopted May 6, 1991; Ord. No. 2001-03, §§ 1—5, adopted May 7, 2001; Ord. No. 2010-14, §§ 39, 40, adopted Sept. 7, 2010; Ord. No. 2011-25, §§ 4—11, adopted Dec. 5, 2011; Ord. No. 2012-11, § 2, adopted Dec. 4, 2012; and Ord. No. 2013-01, § 2, adopted May 6, 2013. Said provisions have been relocated to Ch. 30 of this Code of Ordinances.


DIVISION 4. - WETLANDS[16]


Footnotes:
--- (16) ---

State Law reference— Water resources, F.S. Ch. 373.


Sec. 27-392. - Generally.

This article establishes standards and requirements for the protection of floodplains, wetlands, and habitat for threatened or endangered species and species of special concern.

(Ord. No. 91-1-5, § 2, 5-6-91)

Sec. 27-421. - Generally.

This division establishes standards necessary to protect threatened and endangered species and species of special concern.

(Ord. No. 91-1-5, § 2, 5-6-91)

Sec. 27-422. - Definitions.

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

Endangered species means any flora or fauna that is so designated in Section 39.27.003, Florida Administrative Code or in 50 CFR 17.11-12.

Species of special concern means any flora or fauna designated as such by the State of Florida.

Threatened species means any flora or fauna that is so designated in Section 39-27.004, Florida Administrative Code or in 50 CFR 17.11-12.

(Ord. No. 91-1-5, § 2, 5-6-91)

Sec. 27-423. - Submittal of field inventory.

In areas with known habitat for threatened or endangered species or for species of special concern, the developer shall submit a detailed field inventory of the proposed development site indicating the presence of threatened or endangered species or species of special concern. The inventory shall be conducted by a qualified ecologist, biologies, or other related professional.

(Ord. No. 91-1-5, § 2, 5-6-91)

Sec. 27-424. - Preparation of habitat plan.

If the field inventory indicates the presence of said flora or fauna, a habitat plan shall be prepared by a qualified ecologist, biologist, or other related professional and shall include, at a minimum, the following:

(1)

An analysis of the likelihood of the species surviving on the proposed development site as a viable population, assuming that the proposed development would not occur and taking into account the quality and quantity of habitat needed to maintain said species;

(2)

An analysis of existing viable habitat on adjacent property for the said species;

(3)

The land needs of the species that may be met on the development site; and

(4)

Measures that should be taken to protect the habitat of said species on the property, if the species will likely remain a viable population.

(Ord. No. 91-1-5, § 2, 5-6-91)

Sec. 27-425. - Preservation of land.

(a)

Habitat of said species shall be protected from development where said habitat is adjacent to existing viable habitat of the same species, a significant wetland system, floodplain, or wildlife corridor.

(b)

Where the habitat is not adjacent to existing viable habitat, a significant wetland system, floodplain, or wildlife corridor, said habitat of said species shall be protected when the protection of the habitat will support a viable population.

(Ord. No. 91-1-5, § 2, 5-6-91)

Sec. 27-426. - Fee in lieu.

As an alternative to preservation of land, the developer may contribute to a habitat fund in such amount as established by the city council to compensate for the loss of habitat.

(Ord. No. 91-1-5, § 2, 5-6-91)

Sec. 27-431. - Generally.

This division establishes standards for the protection of wetland areas.

(Ord. No. 91-1-5, § 2, 5-6-91)

Sec. 27-432. - Definitions.

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

Wetland protection zone includes the most landward extent of the following:

(1)

Areas within the dredge and fill jurisdiction of the Department of Environmental Regulation as authorized by F.S. § 403.

(2)

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

(3)

Areas within the jurisdiction of the St. Johns River Water Management District pursuant to Section 40(c)4, Florida Administrative Code.

(Ord. No. 91-1-5, § 2, 5-6-91)

Sec. 27-433. - Development activities within wetland protection zones.

Except as expressly provided herein, no development activity shall be undertaken in a wetland protection zone.

(Ord. No. 91-1-5, § 2, 5-6-91)

Sec. 27-434. - Exceptions.

Certain activities may be allowed in a wetland protection zone when it is shown by competent and substantial evidence that the proposed activity would not have a significant adverse effect on the wetland zone.

(Ord. No. 91-1-5, § 2, 5-6-91)