The preservation area district allows development right credits to be removed and transferred to another site.

(Code 1992, § 16.20.160.1)

These regulations are intended to encourage preservation of lands designated as environmental preservation areas, in a natural or near natural state. The City recognizes that there exists in the City certain lands and areas of unique environmental and ecological significance which are important for their biological productivity and economic, aesthetic and safety values. These areas include, but are not limited to, salt marshes, deciduous forests, pine flatwoods, pine woods, mangrove swamps, hydric and upland hammocks, freshwater marshes, tidal marshes, beaches, natural drainage areas and flood plains or lands designated as preservation areas. It is the purpose and intent of this section to safeguard these areas from inappropriate development so that they may benefit all the residents of the City and at the same time provide the means whereby property owners of lands declared to be environmentally or ecologically sensitive or important, by means of the preservation classification, shall not have to bear the full burden of preserving and conserving said lands.

(Code 1992, § 16.20.160.2)

There are no permitted uses other than preservation allowed in this district.

(Code 1992, § 16.20.160.3)

To be designated as a preservation district, a property shall have a combined score of four (4) or more points and exhibit at least one (1) of the following vegetation types listed:

Relative Significance of Environmental Factors

(Code 1992, § 16.20.160.4; Ord. No. 123-H, § 2, 8-28-2014)

Development potential is transferable in the form of Transfer of Development Rights (TDR's).

Minimum Lot Size, Maximum Density and Maximum Intensity

(Code 1992, § 16.20.160.5)

A.

Uses of property in preservation districts not contiguous to developable property are limited to activities that do not require alteration of the property from its natural state.

B.

Uses of preservation districts contiguous to developable non-preservation property shall be subject to the conditions of this section.

C.

Development, alteration or improvement in a preservation district shall not exceed FAR of. 0.05 and ISR of 0.10 of the area of each preservation district and shall leave the remaining area in its natural state.

D.

Development is prohibited in that portion of the preservation district which lies below the mean high water contour and which is an area in which development is prohibited by state or federal regulations.

(Code 1992, § 16.20.160.6)

Maximum Building Height

Minimum Building Setbacks

(Code 1992, § 16.20.160.7; Ord. No. 893-G, § 5(16.20.160.7), 9-4-2008)

Property owners shall maintain preservation districts. Preservation districts shall be maintained in a viable natural condition. Any act or failure to act which results in the degradation of a preservation district is a violation of this section and shall require restorative action or mitigation. The term degradation shall include but shall not be limited to filling, dredging, clearing, trimming, cutting, sodding, siltation, encroachment of exotic or nuisance plants, manmade change in surrounding conditions or other causes deemed to be not natural. The maintenance of the preservation district includes removing exotic and nuisance plants.

(Code 1992, § 16.20.160.8)

Site plans for permitted uses and structures on properties which contain a preservation district shall be reviewed by the POD unless otherwise required to be reviewed by the DRC. Requests for variances to this section shall be reviewed by the DRC. Prior to any development, alteration, improvement, enhancement, clearing, restorative action or mitigation within a preservation district, the property owner shall comply with the following:

1.

The property owner shall provide a description of the property in writing to the POD and request the desired action within the preservation district.

2.

The property owner shall submit a letter to the POD requesting and authorizing the POD to field inspect the property. The owner shall arrange to have surveyors accompany the POD during the field inspection to review the boundaries of the preservation district.

3.

The POD shall field check the condition of the site and stake the boundaries of the designated preservation district. Adjustments to the boundaries of the preservation district may be made by the POD during the field check where natural conditions have altered the characteristics of the site in a manner that has eliminated the required factors for preservation designation. Regardless of site conditions and any boundary adjustment, the preservation designation shall remain in effect until a zoning and land use plan amendment is adopted changing the designation, and no development is allowed in the preservation district.

4.

The property owner shall complete the survey of the boundaries of the designated preservation district and any adjusted boundary. The survey shall include a measurement of the preservation district in square feet. The survey will be signed and certified by a registered surveyor.

5.

The property owner may then submit a site plan which meets the requirements of this chapter for approval. The POD may require additional information.

6.

Drainage designs shall maintain stormwater quality and hydroperiods optimum for the health of the preservation district. The applicant shall provide information sufficient to demonstrate that predevelopment drainage characteristics, including quality and quantity of flow received by the preservation district, will not be altered without required mitigation. There shall be no alteration which would increase the potential for flood damage from storm-driven waves.

7.

In order to ensure ongoing maintenance, preservation districts shall be platted with or legally committed as part of the abutting land so that no unbuildable detached lots or parcels remain. Preservation districts shall be designated "preservation area" on all plats.

8.

Conditions of site plan approval may include that all Schinus terebinthifolius (Brazilian pepper), Meleleuca quinquenervia (cajeput or punk tree) and Casuarina spp. (Australian pines) or other exotic or nuisance plant species shall be removed from the site and from the preservation district. This area in the preservation district shall be replanted with the native vegetation prior to issuance of a certificate of occupancy for any structure on the site. Methods for vegetation removal and replanting in or adjacent to preservation districts shall be approved by the POD.

9.

Land grading activities, structures or other development shall be set back from the established preservation district boundary in order to protect the preservation district. The need for and size of setbacks shall be based upon factors including the surrounding land use, topography, preservation districts vegetation type and hydrology. The required setback shall be eligible for computation of green space on the site.

10.

No alteration, development, restorative action, clearing, disturbance, mitigation or enhancement (i.e., trimming, planting, etc.) of vegetation in a preservation district is allowed without the approval of the POD. The POD shall determine that there is no adverse impact on the preservation district before any approval. Any approval shall also be subject to the following requirements:

a.

An application for alteration, development, improvement, restorative action, clearing, disturbing, mitigating or enhancing a preservation district shall be submitted to the POD on the appropriate forms and with the required fee and shall demonstrate compliance with the provisions of this section and all other City ordinances. An application to remove exotic or nuisance plant species from a preservation district shall not be required to pay a fee. Removal of exotic or nuisance plant species and plans for replanting those areas shall use methods which have the least impact on the remainder of the preservation district.

b.

Any planting in a preservation district shall use native vegetation common to the specific category of vegetation within the preservation district.

c.

Protective wooden barricades that encompass no less than the dripline of trees in the preservation district may be required to protect the preservation district from damage.

11.

Any alteration, development or restorative action within a preservation district which has a documented presence of a listed species shall be evaluated for its effect upon the listed species. Mitigation or enhancement of listed species habitat shall be required for alteration or development within a preservation district which is documented by a recognized source such as the Audubon Society, the U.S. Fish and Wildlife Service, the Florida Game and Fresh Water Fish Commission, or the National Marine Fisheries Service, to support the nesting, roosting, feeding or other habitat of a listed species. For the purpose of this section listed species are defined as those species which are identified by the U.S. Fish and Wildlife Service or the Florida Game and Fresh Water Fish Commission, or both agencies, as being endangered, threatened or a species of special concern.

12.

Structures existing in preservation districts prior to August 25, 1977, if removed or destroyed for any reason, may be rebuilt to the original dimensions.

(Code 1992, § 16.20.160.9; Ord. No. 876-G, § 17, 2-21-2008)

A.

The purpose of mitigation is to maintain the value of environmental systems by avoiding, minimizing or compensating for any adverse change in conditions or loss of resources in preservation districts. For the purposes of this section the term "mitigation" means an action or series of actions that will offset the adverse impacts on preservation districts. Mitigation for loss of any portion of a preservation district shall include replacement lands. Recognizing that larger environmental preservation districts provide higher quality habitat value, preference and priority will be given to mitigation projects which create larger preservation districts or increase the size of existing preservation districts.

B.

The property owner shall mitigate the impacts of any activity that results in a loss of any portion of a preservation district or the environmental significance thereof through the re-establishment, creation or enhancement of an appropriate ecological community. Environmental significance shall be based upon the factors used to designate preservation districts, including, but not limited to, vegetation, flood hazard, soils and drainage characteristics and the relative function thereof which and value shall include, but not be limited to, conditions in the preservation district which benefit water quality and supply, flood protection, flora and fauna diversity, habitat viability and any other values affecting the public interest.

C.

Mitigation shall include, but shall not be limited to, the following methods which are in the order in which they should be used:

1.

Avoiding the impact altogether by not taking a certain action or parts of an action;

2.

Minimizing impacts by limiting the degree or magnitude of the action and its implementation;

3.

Rectifying the impact by repairing, rehabilitating, or restoring the affected environment including removing exotic and nuisance vegetation, replanting or restoring natural drainage patterns;

4.

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

5.

Compensating for the impact by replacing or providing substitute resources or environments.

D.

Methods of mitigation must be approved by the POD before the owner performs any work that would require mitigation. An application for mitigation with the required fee shall be submitted to the POD. The applicant shall demonstrate compliance with the provisions of this section and all other City ordinances.

E.

The following mitigation requirements shall apply for any works that result in unavoidable adverse impacts to a preservation district:

a.

In-kind replacement shall be required for mangroves, salt marsh and seagrasses;

b.

Replacement lands and/or resources shall be a minimum of a 2:1 ratio of the land area affected; however where mitigation will create larger preservation districts or increase the size of existing preservation districts, the ratio may be 1.5:1;

c.

A minimum of 85 percent survival of new plantings through at least one growing season shall be required;

d.

The proposal shall be consistent with the Land Development Regulations, Comprehensive Plan and applicable state and regional policies and regulations;

e.

Wherever possible, replacement or restoration shall be located within the affected drainage basin and be connected with existing native habitat; however, preference and priority will be given to mitigation projects which create larger preservation districts or increase the size of existing preservation districts;

f.

Financial guarantees and monitoring shall be required to guarantee the long-term success of the mitigation plan;

g.

The plans shall be coordinated with federal, state and regional agencies and shall be subject to the approval of their permit requirements.

F.

When property containing a preservation district is platted or replatted mitigation areas shall be designated on the plat as preservation districts.

G.

The existence of a preservation district shall be evidence of a unique hardship for any variances requested from yard requirements which may be reviewed by the DRC.

(Code 1992, § 16.20.160.10; Ord. No. 876-G, § 17, 2-21-2008)

In addition to regulation of preservation districts as provided in this section, these additional regulations are intended to protect the biological and aesthetic values of wetlands from impacts such as siltation, eutrophication, noise and artificial light intrusion and human and domestic animal intrusion.

1.

Wetlands protected by this section include manmade and natural areas which display the soil characteristics and support vegetation specific to saturation by surface or ground water. Wetlands shall include areas identified as jurisdictional by regional, state or federal wetland regulations. Wetlands shall not include stormwater retention ponds.

2.

The upland limit of wetlands protected by this section shall be the line determined by the regional, state or federal agency which identifies the wetland as jurisdictional. If two or more agencies independently establish upland limit lines, the largest area encompassed by the lines shall be the line for purposes of this section. If no regional, state or federal agency has established an upland limit line, and then the POD shall establish such line.

3.

Wetland alteration is prohibited except to restore indigenous species.

4.

If a wetland must be destroyed in such a manner that it may never return to its natural condition or size (e.g., when a bridge is built), a new wetland of similar potential productivity shall be created within the immediate area to mitigate the loss. Mitigation area shall be at least a 2:1 ratio of the land area affected.

5.

Mitigation sites shall be evidenced by a recorded preservation or conservation easement in favor of the City, in a form acceptable to the City Attorney, within which development is prohibited.

6.

An open space buffer (setback) is required between any wetland area and any new or redeveloped structure, parking area or other development. The required setback shall be at least 15 feet in width. Variances may be granted if this width is not necessary to protect the wetland, and may vary based upon, but not limited to, the following site-specific criteria: vegetation, presence of listed species, topography, adjacent development, stormwater runoff. The setback shall be shown on the site plan and shall be preserved during site development using appropriate sediment and vegetation protection barricades.

(Code 1992, § 16.20.160.11; Ord. No. 893-G, § 5(16.20.160.11.6), 9-4-2008)