There is hereby created an interior wetlands conservation district within the freshwater management area, as further described in the Sanibel Plan. The regulations and restrictions for the interior wetlands conservation district contained in this article, where applicable, supplementary and cumulative to all other provisions 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. To the extent of any conflict, the provisions of this article shall control.

(Ord. No. 85-26, § 1(I.D.4), 11-27-1985; Ord. No. 89-23, § 8, 8-15-1989)

The purpose and intent of the interior wetlands conservation district is to:

(1)

Protect public health, safety and welfare;

(2)

Protect and conserve interior wetlands in the freshwater management area so as to restore and maintain the integrity of these lands in as near a natural state as possible;

(3)

Set forth standards and limitations on the placement of fill on and the excavation of wetlands in the freshwater management area;

(4)

Prohibit development activity within 200 feet of the banks of the Sanibel River;

(5)

Identify areas suitable and unsuitable for development within the Sanibel Gardens, Tarpon Bay, and Sanibel Highlands Subdivisions, and to specify the standards at which development may take place in these locations;

(6)

Identify suitable development activities to be permitted and standards to be applied in the development of wetlands in the freshwater management area;

(7)

Ensure that, where development activity does take place in the wetland areas, it will be located on those portions of the site and in a manner that will be the least disruptive to the natural functions of these environmentally-sensitive lands; and

(8)

Ensure that the maintenance and restoration of wetlands is an integral part of the wetlands management program.

(Ord. No. 85-26, § 1(I.D.4(a)), 11-27-1985)

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

Clearing of vegetation means the removal of any vegetation existing under predevelopment conditions.

Evapotranspiration means the combined loss of moisture by evaporation from land and water surfaces and by transpiration by plants.

Excavation means the process of digging out and removing, or exposing to view by digging out, land below its natural elevation that existed under predevelopment conditions.

Filling means the placement of any material that would raise the elevation of land above predevelopment conditions or above the elevation shown on the city's topographic maps prepared in June 1976, by Bosworth Aerial Services, Inc., whichever is lower.

Hydrologic regime means a regular or systematic pattern of occurrence that describes the characteristic behavior and the total quantity, volume, depth, flow and hydroperiod of water involved in a wetland.

Hydroperiod means the frequency, in either percentage of the year or number of days per year, that water stands at or above the soil surface or saturates the soil in the root zone of the existing wetland vegetation.

Interior wetlands conservation district means an approximately 3,000-acre predominately wetlands area in the central area of the island generally bordered by Periwinkle Way and Sanibel-Captiva Road on the north, Gulf Drive on the south, Beach Road on the east, and Tahiti and Jamaica Drives on the west, with the main drainage way of the interior wetlands being the Sanibel River.

National Geodetic Vertical Datum (NGVD) (formerly known as Mean Sea Level 1929 Datum) is based on uniform elevations across the United States established for mean sea level.

Passive recreation means those recreational opportunities afforded by such natural resources as the native flora, fauna, and aesthetic appeal of a natural setting and requiring minimum development to utilize and enjoy such resources, including but not limited to, nature study, hiking, canoeing, picnicking, birding, fishing and other activities which do not involve active disturbance of the environment or excessive clearing and recontouring of the land.

Predevelopment conditions means those conditions that existed on the date of the adoption of the Sanibel Plan (July 8, 1976) as indicated by the best historical data.

Sanibel River means an interconnected series of sloughs, former mosquito control ditches, and small tributaries, which form the primary drainage system for the interior freshwater wetlands district. While the main channel of this drainage system is, in some areas, indistinct, for purposes of applying the regulations contained in this article the Sanibel River shall be as shown on the maps identified in the definition of "wetlands conservation lands" set out in this section.

Wetlands conservation lands means and generally consist of:

(1)

Any tract, lot, or parcel of land in the interior wetlands conservation district at least 20 percent of which is at an elevation of three feet, NGVD, or less;

(2)

Any lands in Sanibel Gardens, Sanibel Highlands, and Tarpon Bay Subdivisions; and

(3)

Any lands located within 200 feet of the banks the Sanibel River; but excluding any lot which existed on July 8, 1976, in a modern platted subdivision as defined in the Sanibel Plan and any lot less than one acre in size in a subdivision approved since July 8, 1976; and they are particularly identified on the series of maps titled Wetlands Conservation Lands Maps, dated February, 1989 adopted as part of the amended, revised and restated Sanibel Plan, adopted February 8, 1989, and maintained in the city's planning department, which maps are hereby approved and adopted.

(Ord. No. 85-26, § 1(I.D.4(b)), 11-27-1985; Ord. No. 89-23, §§ 8, 9, 8-15-1989)

Cross reference— Definitions generally, § 1-2.

It is hereby found and determined by the city council that:

(1)

Few barrier islands in the world have an interior freshwater system such as the Sanibel River, which includes adjacent low-lying interior wetlands draining into the river. This interior system is one of the most unique and important of the island's natural resources. It supports over 40 species of vertebrate animals, countless invertebrates, and hundreds of valuable native plant forms. See The Sanibel Report, The Conservation Foundation, Washington, D.C., 1976, for enumeration.

(2)

Interior wetlands serve important biological functions, including food chain production, exceptional habitat for flora and fauna, and nesting, spawning, feeding, rearing, protecting and resting sites for aquatic and land species.

(3)

Wetlands serve as valuable storage areas for storm runoff and floodwaters.

(4)

Wetlands are prime natural resource areas where surface waters play a direct role in supporting unique and valuable native wildlife and vegetation.

(5)

Wetlands, through natural water filtration and biological and chemical processes, serve to purify water by modulating its passage through the wetlands system into the Sanibel River.

(6)

Wetlands are natural aquifer recharge areas and provide for pollution control, since wetlands filter and bind sediment and remove heavy metals, oil, nutrients, pesticides, herbicides, fungicides, rodenticides and their breakdown products, as well as other pollutants that can degrade surface waters and groundwater.

(7)

Wetlands are significant in protecting surrounding areas from erosion and storm damage.

(8)

Wetlands provide scenic and recreational opportunities.

(9)

The public health, safety, and welfare of the citizens and inhabitants of the city are served by protection of wetlands and adjacent areas.

(10)

It is necessary to maintain the natural balance of freshwater in the wetlands so that there is sufficient hydrologic pressure to push back the lateral movement of saline water penetrating into the freshwater system, upon which plants and animals depend.

(11)

Artificial lakes have a potential for exacerbating the saltwater intrusion problem. In the island's undeveloped state, most of the saltwater driven over the island by storms would run off in a short time. However, a hurricane surge will fill manmade lakes, and saltwater thus entrapped and retained will intrude deeply into the groundwater system, because saltwater is more dense and sinks under the freshwater and thus readily filters into groundwater.

(12)

In addition to aggravating the saltwater problem, accelerating loss of water through evapotranspiration from emergent and floating aquatic plants and evaporation from water surfaces, and causing the destruction or removal of native vegetation, manmade lakes cause another serious form of delayed pollution. Loading of the lakes in the interior wetlands with wastewater effluent, sediments, and stormwater runoff laden with pollutants such as insecticides, fungicides, rodenticides, herbicides, and nutrients from fertilizers contained in the runoff, will lead to degradation of surface water and groundwater, reductions in floodwater storage volumes, and damage to natural systems and their associated beneficial functions.

(13)

Development requiring the alteration of existing (predevelopment) topography and removal of native vegetation, or alteration of the existing water table elevations or drainage patterns, is in conflict with the natural function of wetlands, a productive and valuable resource, the conservation of which is necessary to prevent damage to wildlife, to vegetation, to area-wide drainage patterns and to natural systems which provide protection against tropical storms and hurricanes. Native vegetation species provide high quality food for animal communities and, when removed, are often replaced with noxious, exotic species. The unnecessary alteration or destruction of native vegetation must be discouraged as contrary to the public interest.

(14)

As a general rule, there should be no excavation or draining of the wetlands because vegetation would be obliterated, water flow and water levels disrupted, soil layers destroyed, pollution-filtering ability and other natural functions of wetlands impaired, and damage and drying out of wetlands facilitated.

(15)

There should be no solid-fill roads or similar barriers in wetlands because they would obstruct sheet flow, which is important in maintaining the natural hydroperiod and hydrologic regime, and would reduce the storage volume and ability of wetlands to mitigate flood hazards.

(16)

In wetland areas not adequately protected by state and federal regulations, the city should discourage development which alters the natural functions of these areas, in accordance with the objectives of the adopted Charlotte Harbor Management Plan.

(17)

Future land development decisions for wetlands should be in accordance with the goals and objectives of the adopted Charlotte Harbor Management Plan and the Sanibel Plan, and existing platted areas should be encouraged to develop in accordance with these goals and objectives.

(18)

While portions of the city's interior wetlands system have undergone prior alteration and deterioration as a result of the placement and excavation of fill, dredging of mosquito ditches, and the construction of roads, the ecological system that remains today still provides many of the beneficial functions of wetlands since disruptions to the natural system caused by man have evolved into functional, but less beneficial, systems. These disruptions have made the remaining, natural wetlands all the more valuable to the island.

(19)

The public and private benefits from functional wetlands are derived at relatively low cost. However, as the natural wetland functions are altered, the costs, in terms of lost benefits and replacement facilities, increase greatly for all users. In the city, the loss of wetlands has the potential of eroding its economic base, which is largely dependent on attracting the conservation-oriented tourist. (See section 1.3 of the Sanibel Plan.)

(20)

Impervious surfaces increase the level, frequency and duration of flooding on other lands; degrade water quality by collecting and concentrating pollutants; accelerate soil erosion and sedimentation by increasing velocity of stormwater runoff; and alter the hydrologic regime.

(21)

While a particular alteration of wetlands may, by itself, constitute a minor change, the cumulative effects of numerous such piecemeal changes often result in major impairment of the wetland resources.

(Ord. No. 85-26, § 1(I.D.4(c)), 11-27-1985; Ord. No. 89-23, § 8, 8-15-1989)

The objectives of this article are:

(1)

To limit the alteration of the existing interior wetlands and to encourage the protection and restoration of natural and functional wetland systems in ways which do not impair their beneficial functioning;

(2)

To maintain or restore surface water levels, so as to provide for the critical recharge of the freshwater lens;

(3)

To provide for the long-term preservation and restoration of wildlife habitat and native vegetation;

(4)

To minimize erosion and sedimentation and to protect, restore, and maintain the chemical, physical and biological integrity of open bodies of water including the Sanibel River;

(5)

To require prospective development in the wetlands to locate on lands above the elevation of three feet, NGVD, and away from sensitive areas that should remain in their natural state;

(6)

To prohibit the construction of artificial lakes in interior wetlands so as to prevent disruption of the wetlands and contamination of the lakes and freshwater system;

(7)

To discourage the excavation of and placement of fill in the wetlands, except when necessary to provide for essential public purposes or to maintain the public health, safety, and welfare;

(8)

To conserve and protect those portions of the Sanibel Gardens, Tarpon Bay, and Sanibel Highlands Subdivisions which cannot reasonably be developed in accordance with established wetlands management practices as set forth in this article;

(9)

To ensure that stormwater runoff, before being directed back into wetlands, will approximate natural volumes and rates, as well as the natural hydroperiod; and

(10)

To encourage the continued public and private maintenance and restoration of the Sanibel River and wetlands not utilized for development under the standards of this article, in accordance with wetlands management practices which ensure that the natural functions of the wetlands are preserved.

(Ord. No. 85-26, § 1(I.D.4(d)), 11-27-1985; Ord. No. 89-23, § 8, 8-15-1989)

The following uses and structures, along with appropriate accessory uses, shall be the only permitted uses and structures for wetlands conservation lands, regardless of the zone district in which they are located:

(1)

Either single-family, duplex, or multifamily (except in the lowland wetlands zone) residential developments in accordance with the section 86-91 or section 86-92 and the standards of this article; provided, however, that:

a.

Multifamily development shall be limited to no more than four dwelling units in any structure;

b.

Multifamily structures shall contain no more than two living floors above the base flood elevation;

c.

No multifamily structure shall be closer than 40 feet to any other structure; and

d.

Multifamily development shall not have the appearance of densely developed urban structures through excessive mass, bulk, or repetition of design features. When not inconsistent with the limitations of this article, the provisions of section 86-71 are applicable to development of wetlands conservation lands.

(2)

Wastewater treatment facilities designed, installed and maintained according to state and city requirements, provided they are not located in the lowland wetlands zone when sufficient area exists on the site in other zones for the placement of such facilities.

(3)

Stormwater management facilities.

(4)

The construction of sedimentation or erosion control structures.

(5)

Such agricultural uses as a commercial nursery for native vegetation or noncompeting exotics, beekeeping, and noncommercial gardening.

(6)

Passive recreation.

(7)

Public and publicly regulated utilities, including the digging of wells to provide potable water.

(8)

Institutional and special uses, except in the lowland wetlands ecological zone.

(9)

Educational facilities, including workshops, laboratories, and observation structures, for the study of wildlife, conservation or ecology.

(Ord. No. 85-26, § 1(I.D.4(e)), 11-27-1985; Ord. No. 89-23, § 8, 8-15-1989)

(a)

Wetlands conservation lands outside of Tarpon Bay, Sanibel Gardens, and Sanibel Highlands Subdivisions. The following development standards shall control the development of all wetlands conservation lands located outside of Tarpon Bay, Sanibel Gardens, and Sanibel Highlands Subdivisions:

(1)

No alteration of existing open bodies of water shall be permitted, except as noted in subsection (2) of this section.

(2)

The filling or alteration of mosquito control ditches is generally discouraged and prohibited unless an applicant for a development permit demonstrates that such filling or alteration will not significantly displace native vegetation or wildlife habitat; will not diminish the capacity of the lot, tract, or parcel to store freshwater; and will not contravene the purpose and objectives of this article.

(3)

Fill shall not be placed within 20 feet of an open body of water.

(4)

Slopes resulting from the placement of fill shall be no steeper than a three to one (horizontal to vertical) ratio and must be stabilized with vegetation to prevent erosion and sedimentation. The stabilization must be completed at least 30 days prior to the issuance of a certificate of occupancy. The vegetation used for fill stabilization must be maintained in a living condition for the life of the development.

(5)

Disturbance of native vegetation shall be limited to the minimum necessary for each building site or development, activity.

(6)

Wastewater, fertilizers-pesticides, other potential pollutants, and sediments must be prevented from entering directly, via surface water and groundwater flow or outfall structures, into lakes, canals and open bodies of water.

(7)

Filling shall consist of only the minimum amount necessary to achieve the permitted purpose.

(8)

Where vehicle and driveway access is permitted, the hydrological connection will not be disrupted.

(9)

When the use of fill is permitted, it shall be clean and not garbage refuse, toxic or contaminated material, or any extra material that through the actions of soil leaching may cause the degradation of surface water or groundwater quality.

(10)

During development, every precaution shall be taken to prevent the disruption of adjacent wetlands and open bodies of water. During construction, turbidity screens and any other best management practices shall be used at all times to minimize siltation, sedimentation and erosion.

(11)

To ensure that sediment remains on the site and is not transported into other wetlands or into open bodies of water, erosion and sediment controls shall be left in place until filled areas are stabilized with permanent vegetation that will prevent the transport of sediment off the site.

(12)

No development on wetlands conservation lands, including the alteration of existing contours, shall be permitted closer than 200 feet to the banks of the Sanibel River unless such alteration is part of an approved plan for the restoration of the Sanibel River, or a portion thereof, except for expansion of or improvements to existing principal or accessory structures that are permitted uses in the interior wetlands conservation district and the construction of new accessory structures, subject to the following limitations:

a.

No new fill or excavation is permitted except as necessary for replacement of or improvements to an existing wastewater disposal system, made to bring such system into compliance with current wastewater treatment standards;

b.

Improvements to existing road, driveway, or drainage facilities are permitted only to bring such facilities closer to compliance with this article; and

c.

The expansion of an existing permitted use, including the construction of accessory structures, shall be limited to a maximum 50 percent increase in total floor area of the existing use.

(13)

No excavation at or below the elevation of three feet, NGVD, shall be permitted except for permitted uses identified in subsection (a)(5) of this section.

(14)

No fill shall be placed at or below the elevation of three feet, NGVD, except as provided for in subsections (a)(2), (a)(17), (a)(18), (b)(1) and (c) of this section.

(15)

Coverage with an impermeable surface or other developed area and the clearing or disturbance of vegetation, combined, shall not exceed ten percent of the gross area of the parcel proposed for development, regardless of zone district designation, unless the lot is less than one acre in size.

(16)

Any area in which vegetation is cleared, and which is revegetated with native species of plants according to the following requirements, so as to stabilize soil, increase recharge, and provide wildlife habitats, shall not be counted within the ten percent limitation provided in subsection (a)(14) of this section:

a.

All plants must be native plants.

b.

The total number of large trees, small trees, shrubs and ground cover required shall be determined by the following formula: Divide the total number of square feet of area to be revegetated by three; divide the results of that computation by the number 30 for large trees, by the number 25 for small trees and shrubs, and by the number ten for ground cover, to arrive at the total number of large and small trees, shrubs, and ground cover plants to be used in the revegetation. In cases where fractions occur, round to the next highest whole number.

c.

Tree sizes shall be determined by reference to the city's horticulturally available native plants list.

d.

All vegetation shall be installed in a sound professional manner and according to good planting procedures, with the quality of plant materials as described in this section. Revegetated areas shall be protected from vehicular encroachment. No certificate of occupancy or completion certificate shall be issued unless vegetation meets the requirements provided in this section.

e.

All trees and plants required by this subsection shall be inspected between six months and one year after installation to see if they are surviving in a healthy condition. If the trees or plants appear unable to promote healthy future growth, as determined by a member of the city vegetation committee or staff, they shall be replaced by other native plants. All vegetation shall be maintained in a living condition for the life of the development.

f.

Quality of plant material shall conform to the Standards of Florida No. 1, or better, as given in Grades and Standards for Nursery Plants, 2nd edition, February 1998 PI #97T-05, published by the Division of Plant Industry of the State Department of Agriculture and Consumer Services, as it may be revised from time to time.

g.

The size, variety, and spacing of vegetation shall be appropriate to the location being revegetated and the type of habitat being created, as determined by the city manager or the manager's designee after consultation with members of the city vegetation committee or staff.

(17)

Fill placed on the lands shall not decrease the water storage capacity or alter the hydrologic regime of the wetlands.

(18)

If new driveways or roadways are proposed to be constructed on lands at or below three feet in elevation, NGVD, except within existing rights-of-way, they shall be elevated on pilings rather than placed on fill. Excepted from this requirement are driveways necessary to serve dwelling units permitted pursuant to subsection (a)(18) of this section; provided, however, that the maximum fill limitation may not be exceeded.

(19)

No residential structure shall be developed on land at or below three feet in elevation, NGVD, unless the parcel to be developed does not contain at least 5,000 square feet of buildable area on higher land on which to place a residential structure. If the parcel does not contain at least 5,000 square feet of buildable area on land higher than three feet on which to place a residential structure, only one structure may be permitted containing up to two dwelling units (residential density permitting), regardless of the size of the tract, lot, or parcel; and fill shall be limited to 20 percent of the gross area of the tract, lot, or parcel or 7,500 square feet, whichever is less.

(20)

Fill placed on lands at or below the elevation of three feet, NGVD, or the excavation of lands below this elevation, shall be compensated for in the form of revegetation or other restoration of an equivalent amount of land area on the site to its predevelopment conditions, or to its natural state if previous disturbance had occurred, if there are areas on the site that need restoration. Restoration involving revegetation shall be done according to subsection (a)(15) of this section.

(21)

No person shall perform any dredging or filling, as those terms are defined in F.S. § 373.403, within any area or which would affect any area subject to the dredge and fill jurisdiction of the state as that jurisdiction is specified in F.A.C. ch. 17-4 and F.A.C. ch. 17-12, without authorization from the state department of environmental protection.

(b)

Wetlands conservation lands within Sanibel Gardens, Sanibel Highlands, and Tarpon Bay Subdivisions. The following additional development standards shall control the development of any wetlands conservation lands located within Sanibel Gardens, Sanibel Highlands, and Tarpon Bay Subdivisions:

(1)

Placement of fill shall not exceed 20 percent of the gross area of the parcel proposed for development or 5,000 square feet, whichever is less; nor shall fill be permitted to an elevation higher than two feet above the average existing grade under predevelopment conditions except where necessary to meet the minimum requirements for septic tank installation; provided, however, it does not disrupt existing surface water flow patterns.

(2)

Where roads are filled within existing rights-of-way, they shall contain a sufficient number of culverts or be reconstructed to allow for the passage of water flows that will maintain the natural hydrologic regime from low to high water flows.

(3)

All development shall be in compliance with the requirements of subsections (a)(4), (a)(6), (a)(8) through (a)(13), (a)(17) and (a)(20) of this section.

(c)

Road and drainage requirements for Sanibel Gardens, Tarpon Bay and Sanibel Highlands Subdivisions. The drainage studies for Sanibel Gardens Subdivision (dated January 6, 1984) and for Tarpon Bay Subdivision (dated January 6, 1984), both prepared by the firm of Howard, Needles, Tarnmen & Bergendoff, are hereby approved and adopted. The drainage plan for Sanibel Highlands prepared by the city of public works department dated February 27, 1990, is hereby approved and adopted. All studies are on file in the city planning department. Within such subdivisions, the following additional regulations and restrictions apply with regard to road and drainage requirements for any development:

(1)

Within areas I and II of Sanibel Gardens Subdivision as identified in the January 6, 1984, study, area I of Tarpon Bay Subdivision as identified in the January 6, 1984, study (less lots 14 and 15 of block 3, lots 12—14 and 34—36 of block 17, and lots 46 and 47 of block 25) and all of Sanibel Highlands Subdivision as identified in the February 27, 1990, study, no development shall occur except in compliance with the recommended road and drainage improvement standards contained in the respective studies. The required road surface material shall be determined as a condition of the development permit, in consideration of proper drainage, ease of maintenance, and the surface material of adjoining roads. For the development of any particular property, all road improvements necessary to provide access to the property and all drainage improvements necessary to adequately drain the property must be in place or provided by the property owner/developer, with the cost of such improvements to be borne by the property owner/developer. Unless a property owner/developer is willing to provide and pay for all necessary road and drainage facilities to provide improved access to and drainage of such owner/developer's property, the requirement of this subsection (c)(1) of this section may result in the need for coordinated developments or delays in the development of certain parcels until connecting road and drainage facilities are constructed. As an alternative, upon the petition of the owners of 50 percent (by acreage) or 80 percent (by parcels) of the lands to be benefitted by proposed road and drainage improvements, the city council shall consider constructing the needed improvements and specially assessing all the benefitted properties for the cost of such improvements.

(2)

Within all areas of Sanibel Gardens and Tarpon Bay Subdivisions not identified in subsection (c)(1) of this section, no development shall be permitted until such time as a master plan for road and drainage improvements, for the area in which a parcel proposed to be developed is located, is approved and adopted by the city council as an amendment to this subsection (c) of this section. Following the adoption of such a master plan, lands within the area identified in the master plan may only be developed upon the provision of necessary road and drainage improvements in the same manner as specified in subsection (c)(1) of this section, except to the extent that such requirements are specifically exempted in the approved master plan.

(3)

The requirements of subsections (c)(1) and (c)(2) of this section shall not apply with respect to the following types of development on lands upon which there is an existing dwelling unit:

a.

Expansions of or improvements to an existing dwelling unit which result in no more than a 50 percent increase in total floor area;

b.

Replacements of or improvements to existing septic systems, made to bring such systems into compliance with current wastewater treatment standards; and

c.

Improvements to existing road, driveway, or drainage facilities which will bring the existing facilities closer to compliance with this article.

(4)

The requirements of subsections (c)(1) and (c)(2) of this section shall not apply to the expansion, improvements, replacement or reconstruction of existing facilities on lands upon which there are existing public facilities, including communication facilities.

(Ord. No. 85-26, § 1(I.D.4(f)), 11-27-1985; Ord. No. 86-05, § 1, 3-18-1986; Ord. No. 87-01, § 1, 1-6-1987; Ord. No. 87-21, § 1, 7-21-1987; Ord. No. 89-01, § 1, 1-17-1989; Ord. No. 89-23, § 8, 8-15-1989; Ord. No. 90-03, § 1, 4-3-1990; Ord. No. 04-001, § 2, 3-2-2004; Ord. No. 19-001, § 3, 4-2-2019)

An application for a development permit for more than four dwelling units, or an application to divide land into more than four lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land, on wetlands conservation lands shall include a master plan prepared by a qualified professional practitioner in city planning, urban design, architecture, landscape architecture, or civil engineering. The master plan shall include all contiguous property under the applicant's legal or equitable ownership and shall include such information as may be appropriate for demonstrating compliance with this article, including but not limited to:

(1)

A legal description, the size of the parcel proposed for development, and a statement of ownership.

(2)

A written statement setting forth how the proposed development meets the objectives of this article.

(3)

A land development plan showing the following:

a.

Existing and proposed locations and uses of all structures and areas to be included in the development and the location of all easements and rights-of-way on or adjoining the parcel.

b.

Identification of all areas proposed to be filled or excavated, with appropriate cross sections in sufficient detail to evaluate the impacts of the proposed development.

c.

A topographical survey signed and sealed by a registered engineer or licensed land surveyor. The survey shall be at a scale of one inch equals 200 feet or larger (i.e., one inch equals 50 feet, one inch equals 30 feet), showing contours at one-foot intervals and sufficient intermediate spot elevations to accurately represent the topography of the parcel.

d.

An aerial photograph which reasonably represents the current conditions of the subject property and adjoining properties within one-half mile. Such photograph shall be at the same scale as the topographical survey provided.

e.

A description of the location of existing native vegetation and wildlife presumed to inhabit the site based on field investigation.

f.

A revegetation plan setting forth proposed treatment of disturbed areas, including restoration of areas invaded by exotic species of vegetation.

g.

Copies of all permits required from other agencies, or completed application forms therefor.

h.

A stormwater management plan that maintains or exceeds predevelopment storage volumes as to both water quality and quantity, including erosion and sedimentation control measures where appropriate.

i.

Engineering studies in sufficient detail to determine the adequacy of proposed flood control, storm drainage, wastewater disposal, and public utilities for the property. Such engineering studies shall contain an in-depth geologic and soils investigation; include hydrologic investigations of flow volumes, rates and patterns; and fully and clearly present:

1.

All pertinent data, interpretations and evaluations;

2.

The significance of the data, interpretations, and evaluations with respect to the actual development or implementation of the intended land use and with respect to the effect upon future environmental, geological and geomorphological processes and phenomena, both on and off the site; and

3.

Recommendations for any additional investigations that should be made for the restoration and maintenance of previously disturbed areas. All costs and expenses incurred as a result of the requirements of this subsection, including the cost of an independent review of the material submitted hereunder by qualified persons retained by the city, shall be borne by the developer.

j.

A staging proposal indicating sequence and approximate time schedule for all development indicated.

(Ord. No. 85-26, § 1(I.D.4(g)), 11-27-1985; Ord. No. 89-23, § 8, 8-15-1989)

No subdivision of wetlands conservation lands shall be approved (except in accordance with chapter 114, article III) unless all lots thereby created contain a sufficient area of land above the elevation of three feet, NGVD, upon which to construct a dwelling unit in compliance with all requirements 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, including this article. Notwithstanding the foregoing sentence, however, the planning commission may approve a subdivision of wetlands conservation lands creating a parcel or lot without sufficient area above the elevation of three feet NGVD upon which to construct a dwelling unit if the development permit for such subdivision is conditioned upon the conveyance of such lot or parcel to the city or to a nonprofit organization dedicated to the conservation and preservation of such lands, as determined by the planning commission. Furthermore, when such a subdivision is approved, the lands retained by the subdivider shall be deemed to have the same development intensity (in numbers of dwelling units) as had the entire parcel prior to subdividing.

(Ord. No. 85-26, § 1(I.D.4(h)), 11-27-1985; Ord. No. 87-22, § 1, 7-21-1987; Ord. No. 89-23, § 8, 8-15-1989)

If any wetlands conservation lands are undevelopable for even a single dwelling unit or other beneficial use because of the requirements and limitations of this article, the owner of such lands may apply for such amendments to the Sanibel Plan and 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 as are necessary to permit the development of one dwelling unit or other beneficial use thereon, upon such terms and conditions as the city council deems reasonably necessary to accomplish the objectives of this article insofar as possible. If such amendments are denied, the city shall, within six months thereafter, purchase the lands from the owner. The purchase price shall be, in the discretion of the city council, either in the form of a cash payment equal to the fair market value of the undevelopable lands as determined by a qualified appraiser mutually chosen by the city and the landowner, or in the form of transferable development rights pursuant to any program which might be adopted by the city council by ordinance for the issuance, transfer and use of such rights.

(Ord. No. 85-26, § 1(I.D.4(i)), 11-27-1985; Ord. No. 89-23, § 8, 8-15-1989)

For any wetlands conservation lands acquired by the city, the city shall develop, and consider the implementation of, a program for restoration and continued management.

(Ord. No. 85-26, § 1(I.D.4(j)), 11-27-1985; Ord. No. 89-23, § 8, 8-15-1989)