All development shall be undertaken and maintained in such a fashion as to protect, conserve or enhance wetlands, wildlife habitat and living marine resources and to minimize any adverse impact upon these resources. On lands, or a portion thereof, where development cannot take place because of an adverse impact on wetlands or wildlife habitat, the developer, through the means of a conservation easement or through dedication of such land areas to the city or to a nonprofit conservation entity, or other means, shall provide for the continued maintenance of the area which is unable to be developed because of such adverse impacts.

(Ord. No. 85-26, § 1(I.E.40), 11-27-1985; Ord. No. 89-23, § 25, 8-15-1989)

All uses and activities permitted in any zoning district shall conform to the standards of performance described in this section and the failure to conform to any of such standards is hereby declared to be a public nuisance:

(1)

Fire and explosion hazards. All activities and all storage of flammable and explosive materials or products at any place shall be provided with adequate safety devices against the hazards of fire and explosion, including adequate firefighting and fire suppression equipment, as prescribed by all applicable fire prevention laws, ordinances and regulations.

(2)

Radiation. Any operation involving radiation, (e.g., the use of neutrons, protons and other atomic or nuclear particles) shall be conducted in accordance with the codes, rules and regulations of the state department of health and the state department of environmental protection.

(3)

Electromagnetic radiation. Any operation of any source of electromagnetic radiation shall be in compliance with all rules and regulations of the Federal Communications Commission.

(4)

Smoke and other particulate matter. Any activity emitting or discharging any smoke or other particulate matter shall comply with all state, federal and local laws and all regulations of any federal, state or local agency, concerning pollution control.

(5)

Toxic or noxious matter. Any activity involving the use or storage of toxic or noxious matter shall comply with all state, federal and local laws and all regulations of any federal, state or local agency concerning pollution control or toxic substances.

(6)

Waste disposal. No activity shall be conducted which results in the discharge of any liquid or solid waste, including industrial wastes, into any public or private sewage system, the ground, or any lake, stream, or other body of water, in violation of any provision of state, federal or local law or any regulation of any state, federal or local agency.

(7)

Vibration. No use of any property shall cause perceptible earth vibrations beyond any property line, except when pilings are driven for structure foundations. All stamping machines, punch presses, press brakes, hot forgings, steam board hammers or similar devices shall be placed on shock absorption mountings and on suitable reinforced concrete footings. No machine shall be loaded beyond the capacity as described by the manufacturers.

(8)

Heat, cold, dampness or movement of air. Activities on any property which produce any adverse effect on the temperature, motion or humidity of the atmosphere beyond the lot lines are not permitted.

(9)

Noise, odor, etc. No use of any lands shall be conducted in any fashion which produces noise, odor, or other irritant at a level which unreasonably disturbs the peaceful and healthful enjoyment of any adjoining lands.

(Ord. No. 85-26, § 1(I.E.28), 11-27-1985; Ord. No. 00-10, § 7, 6-6-2000)

All development shall be in conformance with the applicable environmental performance standards in this article.

(Ord. No. 85-26, § 1(I.D.2(b)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

In the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones a development permit shall be granted for development or site alteration only if the applicant has demonstrated that the proposed development or site alteration conforms with the standards and regulations in this division.

(Ord. No. 85-26, § 1(I.D.2(b)(1)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

The development or site alteration in the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones will not interfere with the customary rights of the public to access to and use of the active beach.

(Ord. No. 85-26, § 1(I.D.2(b)(1)(e)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

(a)

The development or site alteration in the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones will not result in diminution in the amount of sand, silt, shell, sediment, or other geologic component which makes up the beach, or interfere with natural patterns of wind and water movement of sand, silt, shell, sediment or other geologic components of the beach.

(b)

The development or site alteration in the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones will not result in the removal of sand, silt, shell, sediment or other geological component of the Gulf Beach Ridge, reduce the elevation of any portion of the ridge, or otherwise alter the natural configuration of the ridge in a manner that diminishes the effectiveness of the ridge as a protective barrier against storm surge.

(Ord. No. 85-26, § 1(I.D.2(b)(1)(a)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

(a)

In the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones the development or site alteration provides for the gradual and dispersed drainage of surface runoff such that runoff within the boundaries of the parcel proposed for development will approximate natural rates, volumes and direction of flow. Included is a requirement for containment on-site of the runoff from a five-year storm unless it is provided in common with another site.

(b)

The development or site alteration in the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones will not disturb, break or penetrate the aquiclude or clay layer at the bottom of the freshwater lens, permit saltwater intrusion or otherwise endanger the integrity of the freshwater lens. If, in order to comply with the floodproofing regulations of sections 78-1 through 78-11; chapter 86; chapter 94; chapter 98; chapter 106; chapter 110; chapter 118; chapter 122; and articles II through XV of this chapter it is necessary to drive pilings below the level of the aquiclude, such penetration shall be sealed according to the best technology available to avoid saltwater intrusion.

(c)

The development or site alteration in the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones will not involve the use of a septic tank unless the design and location of the proposed disposal system is in strict compliance with F.A.C. ch. 10D-6 and chapter 118, article II. Further, any existing or proposed residential or other use in the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones which generates sewage or other wastewater shall be connected to a sewer whenever such service becomes available as determined by the city.

(d)

The development or site alteration in the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones will not result in the discharge of treated or untreated sewage or other waste from a boat into the waters of the city.

(Ord. No. 85-26, § 1(I.D.2(b)(1)(b)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

(a)

In areas seaward of the 1974 Coastal Construction Control Line in the Gulf Beach Zone, the development or site alteration will not result in the direct or indirect removal, destruction, depletion or digging out of native vegetation which contributes to beach stability, including but not limited to sea oats (Uniola paniculata), fingergrass (Eustachys glauca), railroad vine (Ipomoea pes-caprae), sea purslane (Sesuvium portulacastrum), seagrape (Coccoloba uvifera), bay cedar (Suriana maritima), inkberry (Scaevola plumieri), sea coast elder (Iva imbracata), and dune sunflower (Helianthus debills).

(b)

In the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones, the development or site alternation will not involve the unnecessary removal of native plants which stabilize soils, serve as a buffer to storm surge, increase groundwater recharge or provide wildlife habitat. Areas of a parcel may be cleared, in excess of the applicable limit on vegetation removal, if the excess area is covered with Australian pine (Casuarina), Brazilian pepper (Schinus terebinthifolius), or melaleuca (Melaleuca quinquenervia) or other invasive exotic vegetation proscribed by the city. Revegetation in the Gulf Beach Ridge and Blind Pass area zones requires the use of native plants or noncompeting exotic species of plants which stabilize soil, serve as a storm buffer, increase groundwater recharge or provide wildlife habitat. Revegetation in the Gulf Beach Zone requires the use of native plants which stabilize soil, serve as a storm buffer, increase groundwater recharge or provide wildlife habitat. Coconut palms (Cocos nucifera) may also be planted in the Gulf Beach Zone.

(c)

In the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones the development or site alteration, except for minor improvements as defined in chapter 122, Vegetation, provides for the removal of invasive exotic species of plants proscribed by the city which outcompete or otherwise displace native plants, including the Brazilian pepper (Schinus terebinthifolius), Melaleuca (Melaleuca quinquenervia), earleaf acacia (Acacia auriculiformis), lead tree (Leucaena leucocephala), Java plum (Syzygium cumini), air potato (Dioscorea bulbifera), exotic inkberry (Scaevola frutescens, Scaevola sericea) and Mother-in-law's tongue/bowstring hemp (Sansevieria hyacinthoides) within the boundaries of the parcel proposed for development or site alteration, including any portion of any parcel which is used for a calculation of allowable density or development intensity, impermeable coverage, or vegetation removal and developed area, and that the parcel be kept permanently free of the listed exotics. However, if the estimated cost (as this term is defined in chapter 122, Vegetation) of removing the invasive exotic vegetation proscribed by the city exceeds the estimated cost of the development, then the property owner shall be given three years from completion of the development to remove the invasive exotic vegetation, and keep the parcel permanently free of such invasive exotic vegetation. Estimated costs are subject to verification by the city manager, or the manager's designee. The requirement of removal shall not apply to portions of a parcel which are owned by or donated to a bona fide organization dedicated to conservation, and which has a management plan for the removal of such exotic vegetation.

(d)

In the Gulf Beach Ridge and Blind Pass area zones, new development or re development (as these terms are defined in chapter 122, Vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, Floods) of an existing principal building requires that, at least 75 percent, by count, of all in-ground shrubs, groundcover, and trees, including landscaping, will involve only the use of native species, with the remainder being noncompeting exotic species. In the Gulf Beach Zone, new development or redevelopment (as these terms are defined in chapter 122, Vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, Floods) of an existing principal building requires that 100 percent of the vegetation, including landscaping, will involve only the use of native species. The Florida Administrative Code, Chapter 62B-34 General Permits for Activities Seaward of the Coastal Construction Control Line, also requires that all plants installed in beach and coastal areas shall be native species. However, Coconut palms (Cocos nucifera) may be planted in the Gulf Beach Zone. For the purpose of this calculation, Australian pine (Casuarina) is included as a nonnative species.

For new development or redevelopment (as these terms are defined in chapter 122, Vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, Floods) of an existing principal building, the in-ground native plants installed or existing on the parcel to meet the landscaping requirements of this section shall be distributed so that the 75 permit native plants, by count, requirement is met within each of the categories of native plants—Trees, shrubs and groundcover. Sod is an exception covered in subsection (e).

(e)

For new development or redevelopment (as these terms are defined in chapter 122, Vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, Floods) of an existing principal building the use of St. Augustine, Bahia, Bermuda or Zoysia or other nonnative sod or grasses in the Gulf Beach Ridge and Blind Pass area zones will be limited to no more than 20 percent of the total land area of the parcel or 4,000 square feet per dwelling unit, whichever is less. Sod and grasses used to stabilize on-site wastewater disposal systems and berms and swales necessary for installation of approved drainage plans are not included in this limitation. Exotic and nonnative sod or grasses are prohibited in the Gulf Beach Zone.

(f)

The building back of buildings in the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones that are substantially damaged by a natural disaster requires the restoration of the dune and the dune vegetation to their pre-disaster condition in areas of the parcel located seaward of the 1974 Coastal Construction Control Line (in Gulf Beach Zone). Where practicable, the restoration shall enhance the dune and dune vegetation beyond pre-disaster conditions in the areas of the parcel located in the Gulf Beach Zone. Vegetation screening is required as a buffer to screen the base of buildings and associated parking areas from the public's view at beach level.

(Ord. No. 85-26, §§ 1(I.D.2(b)(1)(c)(i)—(iv)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 91-05, § 1, 3-19-1991; Ord. No. 96-13, § 1, 12-17-1996; Ord. No. 04-001, § 3, 3-2-2004; Ord. No. 05-017, § 15, 1-3-2006)

The development or site alteration in the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones will not involve any landscaping of the parcel, even landscaping after the issuance of a certificate of occupancy or a completion certificate for the approved development, that is not in accordance with the vegetation requirements and standards of sections 126-675 through 126-679, and those of chapter 122, Vegetation.

(Ord. No. 85-26, § 1(I.D.2(b)(1)(c)(vi)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

(a)

An applicant for any development or site alteration in the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones, which involves disturbance of vegetation, must provide a vegetation plan which illustrates that the appropriate vegetation provisions of this Code, including chapter 122, Vegetation, have been met and delineates clearly the vegetation to be preserved. The applicant must demonstrate that adequate measures at the proposed development or site alteration will be taken to protect vegetation designated for preservation.

(b)

In the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones such measures may include, if deemed to be necessary by the city manager, or the manager's designee, placing protective fencing between development activity and vegetation to be preserved. The developer shall be required to replace and maintain any vegetation designated for preservation which is destroyed, inadvertently or otherwise, as a result of development activity.

(Ord. No. 85-26, § 1(I.D.2(b)(1)(c)(v)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

The requirements and standards of sections 126-675 through 126-679 shall apply to all development in the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones, with the exception that subsections 126-675(d) and (e) shall apply only to new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvements of an existing principal building, as substantial improvement is defined in section 94-1.

(Ord. No. 85-26, § 1(I.D.2(b)(1)(c)(vii)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

To ensure compliance with these vegetation standards in the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones follow-up inspections may be undertaken. At least one follow-up inspection is to occur between six months and one year after issuance of a completion certificate or certificate of occupancy for the development or site alteration in the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones. Reinspections shall also comply with the requirements of chapter 122, vegetation.

(Ord. No. 85-26, § 1(I.D.2(b)(1)(c)(viii)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 94-08, § 1, 11-1-1994; Ord. No. 04-001, § 3, 3-2-2004)

(a)

The development or site alteration in the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones will minimize any interference with the natural use of the land for feeding, foraging, resting, nesting and breeding by indigenous and migratory birds, shellfish, marine fishes, sea turtles and other wildlife. Such interference shall include the destruction or diminution of organisms or material upon which wildlife feed and the molestation of gopher tortoises and the destruction of gopher tortoise burrows.

(b)

The development site alteration in the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones provides a development plan that protects sea turtle nesting areas and controls the emission of light from any structures on or near the beach.

(c)

The development or site alteration in the Gulf Beach, Gulf Beach Ridge and Blind Pass area zones does not permit the cleaning of beaches by the use of mechanical beach cleaning equipment, unless a permit is obtained from the city manager.

(Ord. No. 85-26, § 1(I.D.2(b)(1)(d)), 11-27-1985; Ord. No. 88-07, § 1, 4-5-1988; Ord. No. 89-23, § 7, 8-15-1989; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

In the upland wetland and lowland wetland zones a development permit shall be granted for development or site alteration in the wetland zones only if the applicant has demonstrated that the proposed development or site alteration conforms with the standards and regulations in this division.

(Ord. No. 85-26, § 1(I.D.2(b)(2)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

In the upland wetland and lowland wetland zones the development or site alteration provides that all construction, excavation or improvement of any natural or artificial body of water will result in a depth of greater than four feet during the lowest water state of the year in order to restrict the growth of rooted aquatics such as cattails and a bottom slope and alignment that will produce maximum water movement by prevailing winds.

(Ord. No. 85-26, § 1(I.D.2(b)(2)(a)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

(a)

In the upland wetland and lowland wetland zones the development or site alteration provides for the gradual and dispersed drainage of surface runoff such that runoff within the boundaries of the parcel proposed for development will approximate natural rates, volumes and directions of flow. Included is a requirement for containment on-site of the runoff from a five-year storm unless it is provided in common with another site.

(b)

The development or site alteration in the upland wetland and lowland wetland zones will not impede, impound or otherwise interfere with the natural flow of water in the Sanibel River.

(c)

The development or site alteration in the upland wetland and lowland wetland zones will not disturb, break or penetrate the aquiclude or clay layer at the bottom of the freshwater lens, permit saltwater intrusion or otherwise endanger the integrity of the freshwater lens. If, in order to comply with the floodproofing regulations of this of sections 78-1 through 78-11; chapter 86; chapter 94; chapter 98; chapter 106; chapter 110; chapter 118; chapter 122; and articles II through XV of this chapter it is necessary to drive pilings below the level of the aquiclude, such penetration shall be sealed according to the best technology available to avoid saltwater intrusion.

(d)

The development of site alteration in the upland wetland and lowland wetland zones will not involve the use of a septic tank unless the design and location of the proposed disposal system is in strict compliance with F.A.C. ch. 10D-6 and chapter 118, article II. Further, any existing or proposed residential or other use in the upland wetland and lowland wetland zones which generates sewage or other wastewater shall be connected to a sewer whenever such service becomes available as determined by the city.

(e)

The development or site alteration in the upland wetland and lowland wetland zones will not result in the discharge of treated or untreated sewage or other waste from a boat into the waters of the city.

(Ord. No. 85-26, § 1(I.D.2(b)(2)(b)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

(a)

The development or site alteration in the upland wetland and lowland wetland zones will not involve the unnecessary removal of native plants which stabilize soils, increase groundwater recharge or provide wildlife habitat. Areas of a parcel in the upland wetland and lowland wetland zones may be cleared, in excess of the applicable limit on vegetation removal, if the excess area is covered with Australian pine (Casuarina), Brazilian pepper (Schinus terebinthifolius), Melaleuca (Melaleuca quinquenervia), earleaf acacia (Acacia auriculiformis), lead tree (Leucaena leucocephala), Java plum (Syzygium cumini), air potato (Dioscorea bulbifera), exotic inkberry (Scaevola frutescens, Scaevola sericea) and mother-in-law's tongue/bowstring hemp (Sansevieria hyacinthoides) or other invasive exotic vegetation proscribed by the city. Revegetation requires the use of native plants or noncompeting exotic species of plants which stabilize soil, increase groundwater recharge or provide wildlife habitat.

(b)

In the upland wetland and lowland wetland zones the development or site alteration (except for minor improvements as defined in chapter 122, vegetation) provides for the removal of invasive exotic species of plants proscribed by the city which outcompete or otherwise displace native plants, including the Brazilian pepper (Schinus terebinthifolius), Melaleuca (Melaleuca quinquenervia), earleaf acacia (Acacia auriculiformis), lead tree (I eucaena leucocephala). Java plum (Syzygium cumini), air potato (Dioscorea bulbifera), exotic inkberry (Scaevola frutescens, Scaevola sericea) and mother-in-law's tongue/bowstring hemp (Sansevieria hyacinthoides) within the boundaries of the parcel proposed for development or site alteration, including any portion of any parcel which is used for a calculation of allowable density or development intensity, impermeable coverage, or vegetation removal and developed area, and that the parcel be kept permanently free of the listed exotics. However, if the estimated cost (as this term is defined in chapter 122, vegetation) of removing the invasive exotic vegetation proscribed by the city exceeds the estimated cost of the development, then the property owner shall be given three years from completion of the development to remove the invasive exotic vegetation, and keep the parcel permanently free of such invasive exotic vegetation. Estimated costs are subject to verification by the city manager, or the manager's designee. The requirement of removal shall not apply to portions of a parcel which are owned by or donated to a bona fide organization dedicated to conservation, and which has a management plan for removal of such exotic vegetation.

(c)

In the upland wetland and lowland wetland zones new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, floods) of an existing principal building requires that at least 75 percent, by count, of all in-ground shrubs, groundcover, and trees, including landscaping, will involve only the use of native species, with the remainder being noncompeting exotic species. For the purpose of this calculation, Australian pine (Casuarina) is included as a non-native species.

For new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, floods) of an existing principal building, the in-ground native plants installed or existing on the parcel to meet the landscaping requirements of this section shall be distributed so that the 75 percent native plants, by count, requirement is met within each of the categories of native plants—Trees, shrubs and groundcover. Sod is an exception covered in subsection (d).

(d)

For new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, floods) of an existing principal building the use of St. Augustine, Bahia, Bermuda or Zoysia or other non-native sod or grasses in the upland wetland and lowland wetland zones will be limited to no more than 20 percent of the total land area of the parcel or 4,000 square feet per dwelling unit, whichever is less. Sod and grasses used to stabilize on-site wastewater disposal systems and berms and swales necessary for installation of approved drainage plans are not included in this limitation.

(Ord. No. 85-26, § 1(I.D.2(b)(2)(c)(i)—(iv)), 11-27-1985; Ord. No. 88-07, § 2, 4-5-1988; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 91-05, § 2, 3-19-1991; Ord. No. 96-13, § 2, 12-17-1996; Ord. No. 04-001, § 3, 3-2-2004)

The development or site alteration will not involve any landscaping of the parcel, even landscaping after the issuance of a certificate of occupancy or a completion certificate for the approved development, that is not in accordance with the vegetation requirements and standards of sections 126-675 through 126-679 and those of chapter 122, vegetation.

(Ord. No. 85-26, § 1(I.D.2(b)(2)(c)(vi)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

(a)

An applicant for any development or site alteration in the upland wetland and lowland wetland zones, which involves disturbance of vegetation, must provide a vegetation plan which illustrates that the appropriate vegetation provisions of this Code, including article VII, divisions 2 through 10, of this chapter, section 126-653, and article XIII, divisions 2 through 7 of this chapter and chapter 122, vegetation have been met and delineates clearly the vegetation to be preserved. The applicant must demonstrate that adequate measures at the proposed development or site alteration will be taken to protect vegetation designated for preservation.

(b)

In the upland wetland and lowland wetland zones such measures may include, if deemed to be necessary by the city manager or the manager's designee, placing protective fencing between development activity and vegetation to be preserved. The applicant shall be required to replace and maintain any vegetation designated for preservation which is destroyed, inadvertently or otherwise, as a result of development activity.

(Ord. No. 85-26, § 1(I.D.2(b)(2)(c)(v)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

The requirements and standards of sections 126-699 through 126-703 shall apply to all development in the upland wetland and lowland wetland zones, with the exception that subsections 126-699(c) and (d) shall apply only to new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvements of an existing principal building, as substantial improvement is defined in section 94-1.

(Ord. No. 85-26, § 1(I.D.2(b)(2)(c)(vii)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

To ensure compliance with these vegetation standards in the upland wetland and lowland wetland zones, follow-up inspections may be undertaken. At least one follow-up inspection is to occur between six months and one year after issuance of a completion certificate or certificate of occupancy for the development or site alteration in the upland wetland and lowland wetland zones. Reinspections shall also comply with the requirements of chapter 122, vegetation.

(Ord. No. 85-26, § 1(I.D.2(b)(2)(c)(viii)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 94-08, § 1, 11-1-1994; Ord. No. 04-001, § 3, 3-2-2004)

(a)

The development or site alteration in the upland wetland and lowland wetland zones will minimize any interference with the natural use of the interior wetlands for feeding, foraging, resting, nesting and breeding by indigenous and migratory birds, shellfish, fishes and other wildlife. Such interference shall include the destruction or diminution of organisms or material upon which wildlife feed and the molestation of gopher tortoises and the destruction of gopher tortoise burrows.

(b)

The development or site alteration in the upland wetland and lowland wetland zones includes safeguards against wildfire, and, if possible, is designed in a manner to permit use of controlled fire in the wetlands as a means of managing nonwoody vegetation and of destroying accumulated natural debris which represents a wildfire hazard.

(Ord. No. 85-26, § 1(I.D.2(b)(2)(d)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

In the mid-island ridge zone a development permit shall be granted for development or site alteration in the mid-island ridge zone only if the applicant has demonstrated that the proposed development or site alteration conforms with the standards and regulations in this division.

(Ord. No. 85-26, § 1(I.D.2(b)(3)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

The development or site alteration in the mid-island ridge zone will not result in the permanent unnecessary lowering of the natural elevation of any portion of the parcel proposed for development by excavation, digging, grading, or other removal of sand, silt, shell, or soil, except for the installation of swimming pools.

(Ord. No. 85-26, § 1(I.D.2(b)(3)(a)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

(a)

In the mid-island ridge zone the development or site alteration provides for the gradual and dispersed drainage of surface runoff such that runoff within the boundaries of the parcel proposed for development will approximate natural rates, volumes and direction of flow. Included is a requirement for containment on-site of the runoff from a five-year storm unless it is otherwise provided in common with another site.

(b)

The development or site alteration in the mid-island ridge zone will not disturb, break or penetrate the aquiclude or clay layer at the bottom of the freshwater lens, permit saltwater intrusion or otherwise endanger the integrity of the freshwater lens. If, in order to comply with the floodproofing regulations of sections 78-1 through 78-11; chapter 86; chapter 94; chapter 98; chapter 106; chapter 110; chapter 118; chapter 122; and articles II through XV of this chapter it is necessary to drive pilings below the level of the aquiclude, such penetration shall be sealed according to the best technology available to avoid saltwater intrusion.

(c)

The development or site alteration in the mid-island ridge zone will not involve the use of a septic tank unless the design and location of the proposed disposal system is in strict compliance with F.A.C. ch. 10D-6 and chapter 118, article II. Further, any existing or proposed residential or other use in the mid-island ridge zone which generates sewage or other wastewater shall be connected to a sewer whenever such service becomes available as determined by the city.

(d)

The development or site alteration in the mid-island ridge zone will not result in the discharge of treated or untreated sewage or other waste from a boat into the waters of the city.

(Ord. No. 85-26, § 1(I.D.2(b)(3)(b)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

(a)

The development or site alternation in the mid-island ridge zone will not involve the unnecessary removal of native plants which stabilize soils, increase groundwater recharge or provide wildlife habitat. Areas of a parcel in the mid-island ridge zone may be cleared, in excess of the applicable limit on vegetation removal, if the excess area is covered with Australian pine (Casuarina), Brazilian pepper (Schinus terebinthifolius), or melaleuca (Melaleuca quinquenervia) or other invasive exotic vegetation proscribed by the city. Revegetation requires the use of native plants or noncompeting exotic species of plants which stabilize soil, increase recharge or provide wildlife habitat.

(b)

In the mid-island ridge zone the development or site alteration, (except for minor improvements as defined in chapter 122, vegetation) provides for the removal of invasive exotic species of plants proscribed by the city which outcompete or otherwise displace native plants, including the Brazilian pepper (Schinus terebinthifolius), Melaleuca (Melaleuca quinquenervia), earleaf acacia (Acacia auriculiformis), lead tree (Leucaena leucocephala), Java plum (Syzygium cumini), air potato (Dioscorea bulbifera), exotic inkberry (Scaevola frutescens, Scaevola sericea) and mother-in-law's tongue/bowstring hemp (Sansevieria hyacinthoides) within the boundaries of the parcel proposed for development or site alteration, including any portion of any parcel which is used for a calculation of allowable density or development intensity, impermeable coverage, or vegetation removal and developed area, and that the parcel be kept permanently free of the listed exotics. However, if the estimated cost (as this term is defined in chapter 122, vegetation) of removing the invasive exotic vegetation proscribed by the city exceeds the estimated cost of the development, then the property owner shall be given three years from completion of the development to remove the invasive exotic vegetation, and keep the parcel permanently free of such invasive exotic vegetation. Estimated costs are subject to verification by the city manager, or the manager's designee. The requirement of removal shall not apply to portions of a parcel which are owned by or donated to a bona fide organization dedicated to conservation, and which has a management plan for the removal of such exotic vegetation.

(c)

In the mid-island ridge zone, new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, floods) of an existing principal building requires the that at least 75 percent, by count, of all in-ground shrubs, groundcover, and trees, including landscaping, will involve only the use of native species, with the remainder being noncompeting exotic species. For the purpose of this calculation, Australian pine (Casuarina) is included as a non-native species.

For new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, floods) of an existing principal building, the in-ground native plants installed or existing on the parcel to meet the landscaping requirements of this section shall be distributed so that the 75 percent native plants, by count, requirement is met within each of the categories of native plants—Trees, shrubs and groundcover. Sod is an exception covered in subsection (d).

(d)

For new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94. floods) of an existing principal building the use of St. Augustine, Bahia, Bermuda or Zoysia or other non-native sod or grasses in the mid-island ridge zone will be limited to no more than 20 percent of the total land area of the parcel or 4,000 square feet per dwelling unit, whichever is less. Sod and grasses used to stabilize on-site wastewater disposal systems and berms and swales necessary for installation of approved drainage plans are not included in this limitation.

(Ord. No. 85-26, § 1(I.D.2(b)(3)(c)(i)—(iv)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 91-05, § 3, 3-19-1991; Ord. No. 96-13, § 3, 12-17-1996; Ord. No. 04-001, § 3, 3-2-2004)

The development or site alteration in the mid-island ridge zone will not involve any landscaping of the parcel, even landscaping after the issuance of a certificate of occupancy or a completion certificate for the approved development, that is not in accordance with the vegetation requirements and standards of sections 126-725 through 126-728 and those of chapter 122, vegetation.

(Ord. No. 85-26, § 1(I.D.2(b)(3)(c)(vi)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

(a)

An applicant for any development or site alteration in the mid-island ridge zone, which involves disturbance of vegetation, must provide a vegetation plan which illustrates that the appropriate vegetation provisions of this code, including article VII, divisions 2 through 10, of this chapter, section 126-653, and article XIII, divisions 2 through 7 of this chapter and chapter 122, vegetation have been met and delineates clearly the vegetation to be preserved. The applicant must demonstrate that adequate measures at the proposed development or site alteration will be taken to protect vegetation designated for preservation.

(b)

In the mid-island ridge zone such measures may include, if deemed to be necessary by the city manager, or the manager's designee, placing protective fencing between development activity and vegetation to be preserved. The applicant shall be required to replace and maintain any vegetation designated for preservation which is destroyed, inadvertently or otherwise, as a result of development activity.

(Ord. No. 85-26, § 1(I.D.2(b)(3)(c)(v)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

The requirements and standards of sections 126-724 through 126-728 shall apply to all development in the mid-island ridge zone, with the exception that subsections 126-724(c) and (d) shall apply only to new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvement of an existing principal building, as substantial improvement is defined in section 94-1.

(Ord. No. 85-26, § 1(I.D.2(b)(3)(c)(vii)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

To ensure compliance with these vegetation standards in the mid-island ridge zone follow-up inspections may be undertaken. At least one follow-up inspection is to occur between six months and one year after issuance of a completion certificate or certificate of occupancy for the development or site alteration in the mid-island ridge zone. Reinspections shall also comply with the requirements of chapter 122, vegetation.

(Ord. No. 85-26, § 1(I.D.2(b)(3)(c)(viii)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 94-08, § 1, 11-1-1994; Ord. No. 04-001, § 3, 3-2-2004)

The development or site alteration in the mid-island ridge zone will minimize any interference with the use of the land for feeding, foraging, resting, nesting and breeding by indigenous and migratory birds and other wildlife. Such interference shall include the destruction or diminution of organisms or material upon which wildlife feed and the molestation of gopher tortoises and the destruction of gopher tortoise burrows.

(Ord. No. 85-26, § 1(I.D.2(b)(3)(d)), 11-27-1985; Ord. No. 88-07, § 3, 4-5-1988; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

A development permit shall be granted for development or site alteration in the mangrove forest zone only if the applicant has demonstrated that the proposed development or site alteration conforms with the standards and regulations in this division.

(Ord. No. 85-26, § 1(I.D.2(b)(4)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

The development or site alteration in the mangrove forest zone will not result in the permanent alteration of the natural elevation of any portion of the parcel proposed for development by excavation, ditching, dredging, filling or other disturbance of sand, silt, soil, sediment, accumulated detritus, or other geologic or biologic component of the mangrove forest except for that activity necessary to maintain freshwater levels in the interior wetland, protect the health, safety and welfare of the city from disease-carrying insects, and manage the mangrove forest as a viable natural community.

(Ord. No. 85-26, § 1(I.D.2(b)(4)(a)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

(a)

The development or site alteration in the mangrove forest zone will not restrict, impede, impound or otherwise interfere with the tidal flow or influence in the mangrove forest, or similarly interfere with drainage in the mangrove forest.

(b)

In the mangrove forest zone the development or site alteration provides for the gradual and dispersed drainage of surface runoff such that runoff from within the boundaries of the parcel proposed for development will approximate natural rates, volumes and direction of flow. Included shall be a requirement for containment on-site of the runoff from a five-year intensity storm unless it is provided in common with another site.

(c)

The development or site alteration in the mangrove forest zone will not disturb, break or penetrate the aquiclude or clay layer at the bottom of the freshwater lens, permit saltwater intrusion or otherwise endanger the integrity of the freshwater lens. If, in order to comply with the floodproofing regulations of sections 78-1 through 78-11; chapter 86; chapter 94; chapter 98; chapter 106; chapter 110; chapter 118; chapter 122; and articles II through XV of this chapter it is necessary to drive pilings below the level of the aquiclude, such penetration shall be sealed according to the best technology available to avoid saltwater intrusion.

(d)

The development or site alteration in the mangrove forest zone will not involve the use of a septic tank or other mechanisms or devices that could result in the discharge of sewage or other waste within the mangrove forest.

(e)

The development or site alteration in the mangrove forest zone will not result in the discharge of treated or untreated sewage or other waste from a boat into the waters of the city.

(Ord. No. 85-26, § 1(I.D.2(b)(4)(b)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

(a)

The development or site alteration in the mangrove forest zone will not involve the unnecessary removal of native plants which exist as a natural buffer to storm surge, stabilize soils, increase groundwater recharge or provide wildlife habitat, including, but not limited to, red mangrove (Rhizophora mangle), black mangrove (Avicennia germinans), and white mangrove (Laguncularia racemosa). Areas of a parcel in the mangrove forest zone may be cleared, in excess of the applicable limit on vegetation removal, if the excess area is covered with Australian pine (Casuarina), Brazilian pepper (Schinus terebinthifolius), or Melaleuca (Melaleuca quinquenervia) or other invasive exotic vegetation proscribed by the city. Revegetation requires the use of native plants or noncompeting exotic species of plants which serve as a storm buffer, stabilize soil, or increase groundwater recharge or provide wildlife habitat.

(b)

In the mangrove forest zone the development or site alteration (except for minor improvements as defined in chapter 122, vegetation) provides for the removal of invasive exotic species of plants proscribed by the city which outcompete or otherwise displace native plants, including the Brazilian pepper (Schinus terebinthifolius), Melaleuca (Melaleuca quinquenervia), earleaf acacia (Acacia auriculiformis), lead tree (Leucaena leucocephala). Java plum (Syzygium cumini), air potato (Dioscorea bulbifera), exotic inkberry (Scaevola frutescens, Scaevola sericea) and mother-in-law's tongue/bowstring hemp (Sansevieria hyacinthoides) within the boundaries of the parcel proposed for development or site alteration, including any portion of any parcel which is used for a calculation of allowable density or development intensity, impermeable coverage, or vegetation removal and developed area, and that the parcel be kept permanently free of the listed exotics. However, if the estimated cost (as this term is defined in chapter 122, vegetation) of removing the invasive exotic vegetation proscribed by the city exceeds the estimated cost of the development, then the property owner shall be given three years from completion of the development to remove the invasive exotic vegetation, and keep the parcel permanently free of such invasive exotic vegetation. Estimated costs are subject to verification by the city manager, or the manager's designee. The requirement of removal shall not apply to portions of a parcel which are owned by or donated to a bona fide organization dedicated to conservation, and which has a management plan for the removal of such exotic vegetation.

(c)

In the mangrove forest zone, new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, floods) of an existing principal building requires that at least 75 percent, by count, of all in-ground shrubs, groundcover, and trees, including landscaping, will involve only the use of native species, with the remainder being noncompeting exotic species. For the purpose of this calculation, Australian pine (Casuarina) is included as a non-native species.

For new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, floods) of an existing principal building, the in-ground native plants installed or existing on the parcel to meet the landscaping requirements of this section shall be distributed so that the 75 percent native plants, by count, requirement is met within each of the categories of native plants—Trees, shrubs and groundcover. Sod is an exception covered in subsection (d).

(d)

For new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, floods) of an existing principal building the use of St. Augustine, Bahia, Bermuda or Zoysia or other non-native sod or grasses in the mangrove forest zone will be limited to no more than 20 percent of the total land area of the parcel or 4,000 square feet per dwelling unit, whichever is less. Sod and grasses used to stabilize on-site wastewater disposal systems and berms and swales necessary for installation of approved drainage plans are not included in this limitation.

(Ord. No. 85-26, § 1(I.D.2(b)(4)(c)(i)—(iv)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 91-05, § 4, 3-19-1991; Ord. No. 96-13, § 4, 12-17-1996; Ord. No. 04-001, § 3, 3-2-2004)

The development or site alteration in the mangrove forest zone will not involve any landscaping of the parcel, even landscaping after the issuance of a certificate of occupancy or a completion certificate for the approved development, that is not in accordance with the vegetation requirements and standards of sections 126-749 through 126-753 and those of chapter 122, vegetation.

(Ord. No. 85-26, § 1(I.D.2(b)(4)(c)(vi)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

(a)

An applicant for any development or site alteration in the mangrove forest zone, which involves disturbance of vegetation, must provide a vegetation plan which illustrates that the appropriate vegetation provisions of this Code, including article VII, divisions 2 through 10, of this chapter, section 126-653, and article XIII, divisions 2 through 7 of this chapter and chapter 122, vegetation have been met and delineates clearly the vegetation to be preserved. The applicant must demonstrate that adequate measures at the proposed development or site alteration will be taken to protect vegetation designated for preservation. Such measures may include, if deemed to be necessary by the city manager, or the manager's designee, placing protective fencing between development activity and vegetation to be preserved. The applicant shall be required to replace and maintain any vegetation designated for preservation which is destroyed, inadvertently or otherwise, as a result of development activity.

(Ord. No. 85-26, § 1(I.D.2(b)(4)(c)(v)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

The requirements and standards of sections 126-749 through 126-753 shall apply to all development, with the exception that subsections 126-749(c) and (d) shall apply only to new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvements of an existing principal building, as substantial improvement is defined in section 94-1.

(Ord. No. 85-26, § 1(I.D.2(b)(4)(c)(vii)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

To ensure compliance with these vegetation standards in the mangrove forest zone follow-up inspections may be undertaken. At least one follow-up inspection is to occur between six months and one year after issuance of a completion certificate or certificate of occupancy for the development or site alteration in the mangrove forest zone. Reinspections shall also comply with the requirements of chapter 122, vegetation.

(Ord. No. 85-26, § 1(I.D.2(b)(4)(c)(viii)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 94-08, § 1, 11-1-1994; Ord. No. 04-001, § 3, 3-2-2004)

The development or site alteration in the mangrove forest zone will minimize any interference with the use of the land for feeding, foraging, resting, nesting and breeding by indigenous and migratory birds and other wildlife. Such interference shall include the destruction or diminution of organisms or material upon which wildlife feed and the molestation of gopher tortoises and the destruction of gopher tortoise burrows.

(Ord. No. 85-26, § 1(I.D.2(b)(4)(d)), 11-27-1985; Ord. No. 88-07, § 4, 4-5-1988; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

A development permit shall be granted for development or site alteration affecting the Bay Beach zone only if the applicant has demonstrated that the proposed development or site alteration conforms with the standards and regulations in this division.

(Ord. No. 85-26, § 1(I.D.2(b)(5)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

The development or site alteration in the Bay Beach zone will not interfere with the customary rights of the public to access to and use of the beach.

(Ord. No. 85-26, § 1(I.D.2(b)(5)(e)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

The development or site alteration in the Bay Beach zone will not result in the diminution in the amount of sand, silt, shell, sediment or other geologic component which make up the beach, or interfere with natural patterns of sediment or other geologic component of the beach.

(Ord. No. 85-26, § 1(I.D.2(b)(5)(a)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

(a)

In the Bay Beach zone the development or site alteration provides for the gradual and dispersed drainage or surface runoff such that runoff within the boundaries of the parcel proposed for development will approximate natural rates, volumes and direction of flow. Included shall be a requirement for containment on-site of the runoff from a five-year storm unless it is provided in common with another site.

(b)

The development or site alteration in the Bay Beach zone will not involve the use of a septic tank or other mechanisms or devices that could result in the discharge of sewage or other waste within the Bay Beach.

(c)

The development or site alteration in the Bay Beach zone will not result in the discharge of treated or untreated sewage or other waste from a boat into the waters of the city.

(Ord. No. 85-26, § 1(I.D.2(b)(5)(b)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

(a)

The development or site alternation in the Bay Beach zone will not result in the direct or indirect removal, destruction, depletion, or digging out of native vegetation which contributes to beach stability, including, but not limited to sea oats (Uniola paniculata), fingergrass (Chloris glauca), purslane (Sesuvium portulacastrum), red mangrove (Rhizophora mangle), black mangrove (Langucularia racemosa), and seagrape (Coccoloba uvifera). Areas of a parcel in the Bay Beach zone may be cleared, in excess of the applicable limit on vegetation removal, if the excess area is covered with Australian pine (Casuarina), Brazilian pepper (Schinus terebinthifolius), or Melaleuca (Melaleuca quinquenervia) or other invasive exotic vegetation proscribed by the city. Revegetation requires the use of native plants or noncompeting exotic species of plants which serve as a storm buffer, stabilize soils, increase groundwater recharge or provide wildlife habitat.

(b)

In the Bay Beach zone the development or site alteration (except for minor improvements as defined in chapter 122, vegetation) provides for the removal of invasive exotic species of plants proscribed by the city which outcompete or otherwise displace native plants, including the Brazilian pepper (Schinus terebinthifolius), the Melaleuca (Melaleuca quinquenervia), earleaf acacia (Acacia auriculiformis), lead tree (Leucaena leucocephala), Java plum (Syzygium cumini), air potato (Dioscorea bulbifera), exotic inkberry (Scaevola frutescens, Scaevola sericea) and mother-in-law's tongue/bowstring hemp (Sansevieria hyacinthoides) within the boundaries of the parcel proposed for development or site alteration, including any portion of any parcel which is used for a calculation of allowable density or development intensity, impermeable coverage, or vegetation removal and developed area, and that the parcel be kept permanently free of the listed exotics. However, if the estimated cost (as this term is defined in chapter 122, vegetation) of removing the invasive exotic vegetation proscribed by the city exceeds the estimated cost of the development, then the property owner shall be given three years from completion of the development to remove the invasive exotic vegetation, and keep the parcel permanently free of such invasive exotic vegetation. Estimated costs are subject to verification by the city manager, or the manager's designee. The requirement of removal shall not apply to portions of a parcel which are owned by or donated to a bona fide organization dedicated to conservation, and which has a management plan for the removal of such exotic vegetation.

(c)

In the Bay Beach zone, new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, floods) of an existing principal building requires that at least 75 percent, by count, of all in-ground shrubs, groundcover, and trees, including landscaping, will involve only the use of native species, with the remainder being noncompeting exotic species. For the purpose of this calculation, Australian pine (Casuarina) is included as a non-native species.

For new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, floods) of an existing principal building, the in-ground native plants installed or existing on the parcel to meet the landscaping requirements of this section shall be distributed so that the 75 percent native plants, by count, requirement is met within each of the categories of native plants—Trees, shrubs and groundcover. Sod is an exception covered in subsection (d).

(d)

For new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, floods) of an existing principal building the use of St. Augustine, Bahia, Bermuda or Zoysia or other non-native sod or grasses in the mangrove forest zone will be limited to no more than 20 percent of the total land area of the parcel or 4,000 square feet per dwelling unit, whichever is less. Sod and grasses used to stabilize on-site wastewater disposal systems and berms and swales necessary for installation of approved drainage plans are not included in this limitation.

(Ord. No. 85-26, § 1(I.D.2(b)(5)(c)(i)—(iv)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 91-05, § 5, 3-19-1991; Ord. No. 96-13, § 5, 12-17-1996; Ord. No. 04-001, § 3, 3-2-2004)

The development or site alteration in the Bay Beach zone will not involve any landscaping of the parcel, even landscaping after the issuance of a certificate of occupancy or a completion certificate for the approved development, that is not in accordance with the vegetation requirements and standards of sections 126-775 through 126-779 and those of chapter 122, vegetation.

(Ord. No. 85-26, § 1(I.D.2(b)(5)(c)(vi)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

(a)

An applicant for any development or site alteration in the Bay Beach zone, which involves disturbance of vegetation, must provide a vegetation plan which illustrates that the appropriate vegetation provisions of this Code, including article VII, divisions 2 through 10, of this chapter, section 126-653, and article XIII, divisions 2 through 7 of this chapter and chapter 122, vegetation have been met and delineates clearly the vegetation to be preserved. The applicant must demonstrate that adequate measures at the proposed development or site alteration will be taken to protect vegetation designated for preservation.

(b)

In the Bay Beach zone such measures may include, if deemed to be necessary by the city manager, or the manager's designee, placing protective fencing between development activity and vegetation to be preserved. The applicant shall be required to replace and maintain any vegetation designated for preservation which is destroyed, inadvertently or otherwise, as a result of development activity.

(Ord. No. 85-26, § 1(I.D.2(b)(5)(c)(v)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

The requirements and standards of sections 126-775 through 126-779 shall apply to all development, with the exception that subsections 126-775(c) and (d) shall apply only to new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or for the substantial improvements of an existing principal building, as substantial improvement is defined in section 94-1.

(Ord. No. 85-26, § 1(I.D.2(b)(5)(c)(vii)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

To ensure compliance with these vegetation standards in the Bay Beach zone follow-up inspections may be undertaken. At least one follow-up inspection is to occur between six months and one year after issuance of a completion permit for the development or site alteration in the mangrove forest zone. Reinspections shall also comply with the requirements of chapter 122, vegetation.

(Ord. No. 85-26, § 1(I.D.2(b)(5)(c)(viii)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 94-08, § 1, 11-1-1994; Ord. No. 04-001, § 3, 3-2-2004)

The development or site alteration in the Bay Beach zone will minimize any interference with the use of the land for feeding, foraging, resting, nesting and breeding by indigenous and migratory birds, sea turtles, shellfish, marine fishes, and other wildlife. Such interference shall include the destruction or diminution of organisms or material upon which wildlife feed and the molestation of gopher tortoises and the destruction of gopher tortoise burrows.

(Ord. No. 85-26, § 1(I.D.2(b)(5)(d)), 11-27-1985; Ord. No. 88-07, § 5, 4-5-1988; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

A development permit shall be granted for development or site alteration in the altered land zone only if the applicant has demonstrated that the proposed development or site alteration conforms with the standards and regulations in this division.

(Ord. No. 85-26, § 1(I.D.2(b)(6)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

In the altered land zone the development or site alteration provides that all construction, excavation or improvement of any natural or artificial body of water will result in a depth of greater than four feet during the lowest water stage of the year in order to restrict the growth of rooted aquatics such as cattails and a bottom slope and alignment that will produce maximum water circulation by prevailing winds.

(Ord. No. 85-26, § 1(I.D.2(b)(6)(a)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

(a)

In the altered land zone the development or site alteration provides for the gradual and dispersed drainage of surface runoff such that runoff from within the boundaries of the proposed development will approximate natural rates, volumes and direction of flow. Included shall be requirement for containment on-site of the runoff from a five-year storm unless it is provided in common with another site.

(b)

The development or site alteration in the altered land zone will not disturb, break or penetrate the aquiclude or clay layer at the bottom of the freshwater lens, permit saltwater intrusion or otherwise endanger the integrity of the freshwater lens. If, in order to comply with the floodproofing regulations of sections 78-1 through 78-11; chapter 86; chapter 94; chapter 98; chapter 106; chapter 110; chapter 118; chapter 122; and articles II through XV of this chapter it is necessary to drive pilings below the level of the aquiclude, such penetration shall be sealed according to the best technology available to avoid saltwater intrusion.

(c)

The development or site alteration in the altered land zone will not involve the use of a septic tank unless the design and location of the proposed disposal system is in strict compliance with F.A.C. ch. 10D-6 and chapter 118, article II. Further, any existing or proposed residential or other use which generates sewage or other wastewater in the altered land zone shall be connected to a sewer whenever such service becomes available as determined by the city.

(d)

The development or site alteration in the altered land zone will not result in the discharge of treated or untreated sewage or other waste from a boat into the waters of the city.

(Ord. No. 85-26, § 1(I.D.2(b)(6)(b)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990)

(a)

The development or site alternation in the altered land zone will not involve the unnecessary removal of native plants which stabilize soils, increase groundwater recharge and provide wildlife habitat. Areas of the parcel may be cleared, in excess of the applicable limit on vegetation removal, if the excess area is covered with Australian pine (Casuarina), Brazilian pepper (Schinus terebinthifolius), or Melaleuca (Melaleuca quinquenervia) or other invasive exotic vegetation proscribed by the city. Revegetation requires the use of native plants or noncompeting exotic species of plants which serve as a storm buffer, stabilize soils, increase groundwater recharge or provide wildlife habitat.

(b)

In the altered land zone the development or site alteration, (except for minor improvements as defined in chapter 122, vegetation) provides for the removal of invasive exotic species of plants proscribed by the city which outcompete or otherwise displace native plants, including the Brazilian pepper (Schinus terebinthifolius), the Melaleuca (Melaleuca quinquenervia), earleaf acacia (Acacia auriculiformis), lead tree (Leucaena leucocephala), Java plum (Syzygium cumini), air potato (Dioscorea bulbifera), exotic inkberry (Scaevola frutescens, Scaevola sericea) and mother-in-law's tongue/bowstring hemp (Sansevieria hyacinthoides) within the boundaries of the parcel proposed for development or site alteration, including any portion of any parcel which is used for a calculation of allowable density or development intensity, impermeable coverage, or vegetation removal and developed area, and that the parcel be kept permanently free of the listed exotics. However, if the estimated cost (as this term is defined in chapter 122, vegetation) of removing the invasive exotic vegetation proscribed by the city exceeds the estimated cost of the development, then the property owner shall be given three years from completion of the development to remove the invasive exotic vegetation, and keep the parcel permanently free of such invasive exotic vegetation. Estimated costs are subject to verification by the city manager, or the manager's designee. The requirement of removal shall not apply to portions of a parcel which are owned by or donated to a bona fide organization dedicated to conservation and which has a management plan for the removal of such exotic vegetation.

(c)

In the altered land zone, new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, floods) of an existing principal building requires that at least 75 percent, by count, of all in-ground shrubs, groundcover, and trees, including landscaping, will involve only the use of native species, with the remainder being noncompeting exotic species. For the purpose of this calculation, Australian pine (Casuarina) is included as a non-native species.

For new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvement (as this term is defined in chapter 94, floods) of an existing principal building, the in-ground native plants installed or existing on the parcel to meet the landscaping requirements of this section shall be distributed so that the 75 percent native plants, by count, requirement is met within each of the categories of native plants—Trees, shrubs and groundcover. Sod is an exception covered in subsection (d).

(d)

For new development or redevelopment (as these terms are defined in chapter 122, vegetation) or a parcel or the substantial improvement (as this term is defined in chapter 94, floods) of an existing principal building the use of St. Augustine, Bahia, Bermuda or Zoysia or other non-native sod or grasses in the mangrove forest zone will be limited to no more than 20 percent of the total land area of the parcel or 4,000 square feet per dwelling unit, whichever is less. Sod and grasses used to stabilize on-site wastewater disposal systems and berms and swales necessary for installation of approved drainage plans are not included in this limitation.

(Ord. No. 85-26, § 1(I.D.2(b)(6)(c)(i)—(iv)), 11-27-1985; Ord. No. 88-07, § 6, 4-5-1988; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 91-05, § 6, 3-19-1991; Ord. No. 96-13, § 6, 12-17-1996; Ord. No. 04-001, § 3, 3-2-2004)

The development or site alteration in the altered land zone will not involve any landscaping of the parcel, even landscaping after the issuance of a certificate of occupancy or a completion certificate for the approved development, that is not in accordance with the vegetation requirements and standards of sections 126-799 through 126-803 and those of chapter 122, vegetation.

(Ord. No. 85-26, § 1(I.D.2(b)(6)(c)(vi)), 11-27-1985; Ord. No. 88-07, § 6, 4-5-1988; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

An applicant for any development or site alteration in the altered land zone which involves disturbance of vegetation must provide a vegetation plan which illustrates that the appropriate vegetation provisions of this Code, including article VII, divisions 2 through 10, of this chapter, section 126-653, and article XIII, divisions 2 through 7 of this chapter and chapter 122, vegetation have been met and delineates clearly the vegetation to be preserved. The applicant must demonstrate that adequate measures at the proposed development or site alteration will be taken to protect vegetation designated for preservation. Such measures may include, if deemed to be necessary by the city manager, or the manager's designee, placing protective fencing between development activity and vegetation to be preserved. The applicant shall be required to replace and maintain any vegetation designated for preservation which is destroyed, inadvertently or otherwise, as a result of development activity.

(Ord. No. 85-26, § 1(I.D.2(b)(6)(c)(v)), 11-27-1985; Ord. No. 88-07, § 6, 4-5-1988; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

The requirements and standards of sections 126-799 through 126-803 shall apply to all development, with the exception that subsections 126-799(c) and (d) shall apply only to new development or redevelopment (as these terms are defined in chapter 122, vegetation) of a parcel or the substantial improvements of an existing principal building, as substantial improvement is defined in section 94-1.

(Ord. No. 85-26, § 1(I.D.2(b)(6)(c)(vii)), 11-27-1985; Ord. No. 88-07, § 6, 4-5-1988; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)

To ensure compliance with these vegetation standards in the altered land zone follow-up inspections may be undertaken. At least one follow-up inspection is to occur between six months and one year after issuance of a completion certificate or certificate of occupancy for the development or site alteration in the altered land zone. Reinspections shall also comply with the requirements of chapter 122, vegetation.

(Ord. No. 85-26, § 1(I.D.2(b)(6)(c)(viii)), 11-27-1985; Ord. No. 88-07, § 6, 4-5-1988; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 94-08, § 1, 11-1-1994; Ord. No. 04-001, § 3, 3-2-2004)

The development or site alteration in the altered land zone will minimize any interference with the use of the land for feeding, foraging, resting, nesting and breeding by indigenous and migratory birds, sea turtles, shellfish, fish and other wildlife. Such interference shall include the destruction or diminution of organisms or material upon which wildlife feed and the molestation of gopher tortoises and the destruction of gopher tortoise burrows.

(Ord. No. 85-26, § 1(I.D.2(b)(6)(d)), 11-27-1985; Ord. No. 90-08, § 2, 5-15-1990; Ord. No. 04-001, § 3, 3-2-2004)