(a)

The purpose of this section is to preserve, conserve, manage, and where necessary, restore the native habitats and environmental and ecological systems of Sarasota County, as defined in the Sarasota County Comprehensive Plan, Chapter 54 of the County Code and herein, to ensure their continued high quality and critical value to the quality of life in the County.

(b)

Reserved.

(a)

New and existing development shall be in compliance with the goals, objectives, and policies of the Environmental Systems Element of the Sarasota County Comprehensive Plan including the "Principles for Evaluating Development Proposals in Native Habitat", this UDC, Chapter 54 of the County Code, and all regulations, ordinances, policies, and programs as adopted by the Board for the management, preservation and conservation of native habitats and environmental resources in the County. Additional permitting subject to these codes and ordinances may be required supplemental to the requirements of this Article.

(b)

Reserved.

(a)

All development permits or other authorizations issued pursuant to this UDC shall be consistent with the "Principles for Evaluating Development Proposals in Native Habitats" located in Chapter 1, Environmental Systems, of the Comprehensive Plan.

(b)

Native habitats shall be protected in accordance with this UDC, the County Code, and the Comprehensive Plan. These protections will be applied by the County in the evaluation of proposals for land development, construction or alteration in conjunction with the requirements of the UDC, Chapter 54 of the County Code, and with the descriptions of those habitats as described and defined in the Comprehensive Plan.

(c)

The following native habitats are described and defined in the Comprehensive Plan, Element 1, and shall be protected as required therein.

(1)

Marine and Estuarine Consolidated Substrate.

(2)

Beaches.

(3)

Dune Systems.

(4)

Coastal Hammocks.

(5)

Indian Mounds.

(6)

Mangrove Swamps.

(7)

Tidal Marshes.

(8)

Seagrass Beds.

(9)

Oyster Bars.

(10)

Bay Waters.

(11)

Coastal Streams.

(12)

Myakka River.

(13)

Springs.

(14)

Wetlands.

(15)

Mesic Hammocks.

(16)

Xeric Hammocks.

(17)

Pine Flatwoods.

(18)

Grassy Dry Prairies.

(19)

Dry Prairies.

(20)

Scrubby Flatwoods.

(21)

Sand Pine Scrub.

(22)

Turkey Oak Ridges.

(d)

Tree Protection Plan. Prior to commencing any site preparation work the owner, developer, contractor or agent shall submit a tree protection plan and obtain a Permit in compliance with the current Trees Code, Chapter 54, Article XVIII, of the County Code. Throughout the duration of the authorized activity, all trees proposed to be removed shall be clearly marked with flagging, and all trees to be protected shall have barricades erected around them.

(e)

For all native habitats, the owner/applicant shall take the following protection measures:

(1)

The principles of avoidance first and then minimization shall be applied to all protected native habitats and support sound ecological planning that best ensures the long-term protection of habitat functions and values. Where an approved mitigation framework is currently in place, it will be applied consistent with applicable regulations first and then the "Principles for Evaluating Development Proposals in Native Habitats."

(2)

For all development orders with native habitat concerns, the development order shall, after applying avoidance and minimization consistent with Section 124-172(e)(1), identify the remaining native habitats as Preserve Areas on the approved plans. To ensure the preservation of native habitats in perpetuity consistent with the Comprehensive Plan, the development order shall be conditioned upon the recording of a declaration of restrictive covenant, conservation easement, or other form of documentation acceptable to the County. In deciding how to preserve remaining native habitats through the recording of a conservation easement, declaration of restrictive covenant or other form of documentation, County staff shall use their best professional judgment to assign rough proportionality of mitigation to development impacts based on the following factors:

a.

Site-specific constraints related to other requirements within this UDC;

b.

Type and quality of habitat impacted versus preserved;

c.

Acreage of impact of development in relation to acreage of area preserved;

d.

Location of habitat impacted and preserved;

e.

Any existing or potential wildlife corridors;

f.

Proximity to other protected or preserved lands; and

g.

Water quality and quantity impacts.

(3)

For conservation and preservation areas, the owner/applicant shall submit a Resource Management Plan based on best available technology for review and approval by the County, prior to, or concurrent with the Site Development Plan review process and Building Permit.

(4)

Stormwater runoff from new development shall comply with all applicable regulations. The developer shall use Best Management Practices to protect water quality from stormwater runoff to receiving waters. All treatment and pre-treatment prior to discharge must be in accordance with County, State, and Federal standards and requirements.

(5)

Undesirable vegetation shall be maintained at or below the designated or otherwise county-approved maintenance level in perpetuity. See Section 124-177.

(6)

Where appropriate, the volume, timing and duration of stormwater discharge from new development shall be managed in a manner to mimic as closely as possible the historic unaltered hydrologic conditions.

(7)

If fill is stockpiled or graded near native habitats, the owner or applicant shall employ appropriate erosion and sediment control measures (refer to State of Florida Erosion and Sediment Control Designer and Reviewer Manual, as amended) to prevent sedimentation within the native habitat. County staff shall employ best professional judgment in deciding appropriate erosion and sediment control measures using the following factors:

a.

Slope;

b.

Type and amount of vegetative cover;

c.

Soil composition;

d.

Type of water body; and

e.

Other characteristics unique to the site.

(8)

When building sites adjacent to native habitats are elevated by filling, the same erosion and sediment control requirements apply and the fill must be stabilized to prevent entry of sediment into the native habitat, or designed to optimize and improve the hydrologic conditions within the native habitat.

(9)

For Coastal Streams and Bay Waters, see Article 6, Section 124-72(e)(2) for standards related to Waterfront Yard setbacks for the purposes of protecting these systems from adverse impacts of development. Unless superseded by the watercourse buffer requirements contained within this UDC, or buffer requirements contained within Chapter 54 of the County Code, the owner/applicant shall establish and maintain buffers of upland vegetation with development, including new single-family residential structures, along all or portions of native habitats to protect those systems from adverse impacts of development. County staff shall determine the width and composition of these buffers using their best professional judgment to protect the values and functions of native habitats and shall consider the following factors in determining the appropriate width:

a.

Water quality of the adjacent Coastal Stream and/or Bay Waters, including whether such waterbody has been classified as impaired under the Florida Impaired Waters Rule;

b.

Slope;

c.

Type and amount of vegetative cover;

d.

Soil composition;

e.

Potential use as habitat by native species for feeding, nesting, or breeding;

f.

Connectivity to other buffers, native habitats, or preservation areas; and

g.

Other characteristics unique to the site.

(10)

For Coastal Streams and Bay Waters, where there is no required watercourse buffer, the required native habitat buffer width is 15 feet; however, in constrained situations, an average 15-foot-wide buffer may be allowed. In such averaging situations, the minimum buffer width shall be five feet. This buffer requirement does not supersede other applicable buffer requirements contained within Chapter 54 of the Sarasota Code of Ordinances.

(11)

The County coordinates with state and federal agencies and supports implementation of protection guidelines relating to Listed Species. Where development may impact Listed Species, development order applicants are required to use recognized sampling techniques to identify Listed Species on site. Prior to conducting any activities that could disturb Listed Species or their habitat, development order applicants are required to consult with the appropriate wildlife agencies and provide documentation of such coordination to the County.

(f)

For the specific habitats discussed below, the following protection measures are required.

(1)

Myakka River Protection Zone. The Myakka River is a state-designated Wild and Scenic River, pursuant to Chapter 258, Part III, F.S. All activities conducted within the Myakka River Protection Zone shall be consistent with the Myakka River Protection Code, Chapter 54, Article XXXIII of the County Code, and Section 124-102(b)(5) of the UDC. Any project that is located within the Myakka River Protection Zone requires a preapplication conference as set forth in this UDC and Chapter 54, Article XXXIII of the County Code.

(2)

Wetlands. Wetlands within the County shall be preserved, consistent with the "Principles for Evaluating Development Proposals in Native Habitats", except as described therein. See Section 124-175 for additional requirements associated with wetland native habitats.

a.

For wetland habitats, stormwater runoff from impervious surfaces must be pretreated prior to its discharge. Pre-treatment may be in the form of sediment sumps, baffles or grassed swales. Such facilities shall be designed and constructed in accordance with all applicable regulations so that the discharge does not violate applicable local, state or federal water quality standards or degrade the quality of the receiving waterbody.

b.

Water discharges into natural wetlands shall be done by overflow and spreader swales or other method approved by the County to avoid degradation of the wetlands. All treatment and pre-treatment prior to discharge must be in accordance with County, State, and Federal standards and requirements.

c.

Buffers established for the purpose of protecting native habitats and composed of existing upland vegetation, which are sufficient in each case to protect the values and functions of wetlands shall be required around all or portions of wetlands to protect those systems from adverse impacts of development. Minimum buffer width is 30 feet; however, buffers consisting of mesic hammocks shall be a minimum of 50 feet wide consistent with Mesic Hammock Management Guideline, VIII.2.B. of the Comprehensive Plan. County staff may allow variable buffer widths where an applicant can demonstrate the proposed buffer provides equal or greater native habitat value compared with existing habitat, based on the following factors:

1.

Type of vegetative cover;

2.

Amount of vegetative cover;

3.

Diversity of vegetative cover;

4.

Connectivity to other buffers, native habitats, or preservation areas;

5.

Site characteristics such as size and dimensions of parcel; and

6.

Potential for use as habitat by native species for feeding, nesting, or breeding.

d.

All alterations in wetlands that result in a loss of habitat shall be mitigated in accordance with performance standards adopted by the Board, and Section 124-175 of this Article. The amount of mitigation needed to offset alterations that result in loss of wetland habitat shall be determined by the Uniform Mitigation Assessment Method (UMAM), Chapter 62-345, Florida Administrative Code. In instances where the UMAM requirements do not apply, the mitigation shall consist of the creation at a one to one ratio for herbaceous wetlands and two to one ratio for forested wetlands, in accordance with Level I performance standards in Section 124-175.

e.

For all projects that result in impacts to wetlands, a wetland mitigation, maintenance, and monitoring plan based on best available technology shall be submitted for review and approval by the county prior to or concurrent with the Site Development Plan development review process and consistent with the provisions of Section 124-175 and Section 124-176.

(3)

Watercourses. Watercourse buffers shall be required, consistent with Article 13, Section 124-251, Environmental Protection Provisions.

(Ord. No. 2019-006, § 8, 4-23-2019; Ord. No. 2020-017, § 2, 6-3-2020)

(a)

For development permits that have open space requirements, open space shall be consistent with Section 124-72(b) of the UDC, unless utilizing the alternatives in subsection (e), below. For those development permits that qualify as 2050 projects, open space requirements shall be consistent with Article 14 of this UDC unless utilizing the alternatives in subsection (e), below.

(b)

Open space shall be determined by applying the "Principles for Evaluating Development Proposals in Native Habitats," and shall favor higher functioning habitat areas. Where appropriate, open space areas shall focus on maintaining a network of connectivity throughout the landscape when greater native habitat function and value, and connectivity are clearly demonstrated.

(c)

Except as provided by subsections (c)(1) and (e), below, when land development involves the conversion of native habitats, the County's open space requirements shall be fulfilled first with habitats required to be preserved, then with habitats that should be conserved, then with other allowable types of open space, including planted and maintained littoral zones.

(1)

Within the Urban Service Area Boundary or Future Urban Service Area Boundary pine flatwoods habitat is required to be conserved to meet open space requirements only where:

a.

The habitat is within a required watercourse buffer;

b.

The habitat is within a required wetland buffer; or

c.

The habitat increases the ecological value and ability to conduct management of habitats required to be preserved or publicly owned environmentally sensitive land.

d.

The habitat is a wildlife corridor that links two or more native habitats required to be preserved and acts to interconnect routes to facilitate dispersal of plants and animals between habitats and across the landscape.

(2)

County staff and the Applicant may agree on an alternative open space plan pursuant to this Section in lieu of subsections (1)c. and d., above. However, in the absence of such agreement, the Board may approve an alternative open space plan.

(3)

Pine flatwoods not required to be conserved may be counted toward open space to achieve site design goals including but not limited to social, recreation, and civic values, and other market-based factors.

(d)

Eligibility Criteria for Alternative Open Space. Areas considered for use as an open space alternative shall meet the following criteria, unless determined otherwise by the Board:

(1)

Mitigation areas may be considered so long as the mitigation area(s) was not used to satisfy open space requirements for another development.

(2)

Any area(s) used to satisfy the native habitat component of open space shall not be used to fulfill any future open space requirements.

(3)

Any area(s) acquired through Sarasota County environmental sensitive land protection programs shall not be considered for use as native habitat open space.

(e)

Net Alternatives to Section 124-173(c). The alternatives provided in this section do not alleviate the UDC Regulation's general on-site open space requirements. If a proposal clearly demonstrates, through planned development designs and environmental management plans, greater native habitat function and value, and connectivity, the Board at a public hearing, may approve the following alternatives for conserved native habitats:

(1)

On-site.

a.

On-site alternatives may consist of habitat restoration, enhancement, or creation.

b.

On-site alternatives are preferred to the native habitat requirements of Section 124-72(b)(5) of this UDC, if the on-site alternative provides greater environmental benefits to a protected habitat system that is either on-site or is immediately adjacent to the site.

c.

All restoration, enhancement, or creation activities authorized pursuant to this section shall be consistent with this Article 9.

d.

On-site alternatives shall be evaluated using the Evaluation Parameters set forth in subsection (f), below.

(2)

Off-site. Off-site alternatives shall be located in the County and in close proximity to where the development is proposed in order to provide local benefits to the community.

a.

Off-site alternatives shall only be allowed for parcels that are located within the Urban Service Boundary.

b.

Off-site alternatives may consist of preservation or new habitat restoration, enhancement, or upland creation on sites not previously preserved.

c.

If an area is proposed to be preserved off-site to fulfill native habitat open space requirements, the Board may deny the proposal if the area would otherwise be preserved under the UDC. However, the Board may consider such an area if the applicant proposes enhancement or restoration of the area that is consistent with the Evaluation Parameters and clearly demonstrates greater native habitat function and value, and connectivity.

d.

The County may, at its discretion and where necessary to offset impacts of development, require fee title conveyance, a conservation easement, or restrictive covenant, or other appropriate legal or financial mechanisms to ensure conservation and proper maintenance of off-site alternative areas. No development or construction activities may occur until such time as the appropriate instruments have been approved by the County, executed, and filed in the official public records.

e.

All preservation, restoration, enhancement, or creation activities authorized pursuant to this section shall be consistent with this Article 9.

f.

Off-site alternatives shall be evaluated using the Evaluation Parameters set forth in subsection (f), below.

(f)

Evaluation Parameters. The following parameters, at minimum, shall be used to evaluate existing native habitats and alternative open space proposals to determine whether they clearly demonstrate greater native habitat function and value, and connectivity. The relative importance and relevance of the parameters shall be evaluated to reach a balanced determination.

(1)

Connectivity and Landscape Position.

a.

Location.

b.

Proximity to adjacent habitats.

c.

Proximity to incompatible land uses.

d.

Existing and potential connectivity, including on-site and off-site parcels.

e.

Effectiveness in facilitating wildlife movement and dispersal.

f.

Proximity to habitats proposed for impact.

(2)

Habitat Quality.

a.

Significance to listed or keystone species.

b.

Diversity (plant and animal).

c.

Level of restoration/enhancement proposed.

d.

Buffering of other native habitats.

e.

Quality of the native plant assemblages.

f.

Extent of nuisance and invasive plant species.

g.

Level of disturbance/perturbation.

(3)

Manageability.

a.

Long-term prognosis.

b.

Reasonable assurances.

c.

Certainty of success.

(4)

Community Structure.

a.

Diversity of habitats and ecotones.

b.

Structural complexity.

(5)

Size.

a.

Areal extent of habitat.

b.

Scale of the spatial significance.

(6)

Accessibility.

a.

Must be balanced against habitat values/functions.

b.

Accessibility could be positive or negative for project.

c.

Public vs. private.

d.

Level and control of accessibility.

e.

Linkage with offsite or regional trail systems.

f.

Handicap accessibility.

g.

Environmental education components.

(7)

Comprehensive Plan.

a.

Consistency Review.

(a)

General Requirements. Historic uses of a property may have resulted in site conditions that are not ideal for development or redevelopment due to legacy conditions that could result in adverse impacts to human health and the environment, or that may be unsuitable to support structural improvements. Such sites may include agricultural operations (fields and groves, cattle operations [cattle dipping vats or pens where animals were concentrated for the purposes of applying chemical treatments], chemical mixing areas, fuel storage and dispensing areas), golf courses, railroad rights-of-way, landfills, junkyards and other locations where hazardous products or hazardous wastes were processed, generated or stored.

(1)

Provide the results of any Environmental Assessments or Audits of the property, along with a narrative of the measures needed to remediate if required by Florida Department of Environmental Protection (FDEP).

(2)

Soil or ground water sampling shall be required at the time of first development order submittal for sites where historical uses include, agricultural operations (fields and groves, cattle operations [cattle dipping vats or pens where animals were concentrated for the purposes of applying chemical treatments], chemical mixing areas, fuel storage and dispensing areas), golf courses, railroad rights-of-way, landfills, junkyards, or for facilities regulated as hazardous waste generators under the Resource Conservation Recovery Act (RCRA). The Applicant and County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site.

(3)

Specific authorization from the Administrator is required for construction on sites filled with solid waste (landfills or waste disposal sites) in order to protect against landfill gas, subsidence hazards, and adverse impacts to human health and the environment. The following studies shall be submitted for review:

a.

A landfill gas investigation conducted by a registered professional engineer who shall certify that no gas hazard exists, or shall recommend remedial actions necessary to ensure that buildings are adequately protected from such hazards.

b.

A geotechnical investigation conducted by a registered professional engineer who shall certify that the landfill can support the proposed structures, or shall recommend remedial actions necessary to ensure that structures will not be damaged as a result of subsidence (e.g., replacing landfilled material with clean fill).

c.

A Phase I or Phase II environmental report or study showing the vertical and horizontal extent of land filled area on the property Applicants must also submit any preliminary contamination assessment plans or reports, or any other contamination studies, that have been prepared for the property and addressing the information required in subsection (1) above.

(b)

National Pollutant Discharge Elimination System (NPDES).

(1)

National Pollutant Discharge Elimination System (NPDES) coverage under the state Generic Permit for Stormwater Discharge from Large and Small Construction Activities (aka. Construction Generic Permit, or CGP) is required for projects that contribute stormwater discharges to surface waters of the state (or into a municipal separate storm sewer system MS4); and that disturb one or more acres of land, or less than one acre of land if part of a larger common plan of development.

a.

NPDES Construction Generic Permit coverage shall be obtained at least 48 hours in advance of construction commencement in accordance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Generic Permit for Stormwater Discharge from Large and Small Construction Activities (aka. Construction Generic Permit, or CGP).

b.

A copy of the certified NPDES Notice of Intent (NOI), or a copy of the FDEP coverage confirmation letter shall be posted at the site in accordance with State Rule, and as per Chapter 54, Article VII (Water Pollution Control) of the County Code.

c.

A copy of the certified NPDES NOI, or a copy of the FDEP coverage confirmation letter shall be provided to the County within 7 days in accordance with State Rule, and as per Chapter 54, Article VII (Water Pollution Control) of the County Code.

d.

The Stormwater Pollution Prevention Plan (SWPPP) shall be certified in accordance with the State Rule, and a copy of the certified document shall be submitted to the County at least 48 hours prior to the commencement of construction per Chapter 54, Article VII (Water Pollution Control) of the County Code.

e.

A copy of the SWPPP, and copies of the inspection and maintenance records shall be maintained at the project site, and shall be readily available to county or state inspectors per Chapter 54, Article VII (Water Pollution Control) of the County Code.

(2)

Dewatering operations that discharge offsite, or to on-site surface waters of the state, may be covered under the CGP if the groundwater is uncontaminated as outlined in the Rule. A separate Permit may be required for discharges from contaminated sites.

a.

Ground water sampling results must be submitted to the County prior to the commencement of dewatering pursuant to Chapter 54, Article VII (Water Pollution Control) of the County Code.

(c)

General Pollution Prevention.

(1)

Erosion and sediment control Best Management Practices (BMPs) in addition to those presented on the plans and outlined in the Erosion and Sediment Control Plan (ECP), Best Management Practices (BMP) Plan, or Stormwater Pollution Prevention Plan (SWPPP) shall be implemented as necessary to prevent turbid discharges from flowing onto adjacent properties or roadways, off site stormwater conveyances or receiving waters, or on site wetlands and surface waters. BMPs shall be designed, installed, and maintained by the site Operator to ensure that off-site surface water quality remains consistent with State and local regulations. [The Operator is the entity that owns or operates the construction activity and has authority to control those activities at the project necessary to ensure compliance.] The techniques depicted in the latest edition of the State of Florida Erosion and Sediment Control Designer and Reviewer Manual, shall serve as the basic design criteria for erosion and sediment control best management practices (BMPs).

(2)

Off-site surface water discharges, discharges to the municipal separate storm sewer system (MS4), or discharges to on-site wetlands or surface waters with turbidity in excess of State Surface Water Quality Standards shall be immediately corrected. Such incidents shall be reported to the County within 24 hours of the occurrence. The report shall include the cause of the discharge and corrective actions taken.

(3)

The Operator shall ensure that adjacent properties are not impacted by wind erosion, or emissions of unconfined particulate matter from any activity, including vehicular movement; transportation of materials; construction, alteration, demolition or wrecking; or industrially related activities such as loading, unloading, storing or handling; without taking reasonable precautions to prevent such emissions. Reasonable precautions include, but may not be limited to, the following:

a.

Control emissions from unpaved roadways by application of water, chemical stabilizer, graveling, controlling vehicle speed.

b.

Control emissions from disturbed areas and activities such as demolition of buildings, grading roads, construction, and land clearing by application of water, chemical stabilizer, controlling vehicle speed, compaction, synthetic wind breaks, furrowing the soil, synthetic and natural cover, revegetation, and minimizing the areas of disturbance.

c.

Control emissions from paved surfaces by using gravel entry ways, washing vehicle wheels, covering loads, not overfilling trucks, and removal of particulate matter from roads and other paved areas to prevent reentrainment, and from buildings or work areas to prevent particulate from becoming airborne.

(4)

Fuel and other petroleum product spills that enter stormwater drains or waterbodies, or fuel and other petroleum product spills that are in excess of 25 gallons shall be contained, cleaned up, and immediately reported to the County (ph: 941.861.5000; email: ReportPollution@scgov.net). Smaller ground surface spills shall be cleaned up as soon as practical.

(5)

If previously unknown Recognized Environmental Conditions (e.g. contaminated soil or groundwater, buried wastes, etc.) are discovered during development of the site, all activity in the immediate vicinity shall cease, and Sarasota County shall be contacted.

(6)

Prior to renovation or demolition of existing on site structures an asbestos survey or asbestos notification may be required.

(7)

Fertilizer application shall be consistent with Chapter 54, Article XXXII (Fertilizer and Landscape Management) of the County Code.

(d)

Watercourse Buffers. Watercourse buffers shall be required, consistent with Article 13, Section 124-251, Environmental Protection Provisions.

(Ord. No. 2019-006, § 8, 4-23-2019)

(a)

Wetland Impact Justification. Consistent with the "Principles for Evaluating Development Proposals in Native Habitats", wetlands shall be preserved except as described herein. Where mitigation has been approved by the County, the following standards apply to that mitigation and associated maintenance and monitoring. Alterations to wetlands shall not be allowed unless the applicant demonstrates to the satisfaction of the County the following:

(1)

The wetland no longer provides the environmental functions and values normally associated with wetlands, such as, but not limited to, habitat for wildlife, water quality protection, or stormwater detention; and

(2)

No reasonable alternative exists other than disrupting a wetland. In demonstrating to the satisfaction of the County that no reasonable alternative exists to disrupting a wetland, the Applicant shall adhere to the following principles:

a.

Avoidance to the greatest extent practicable;

b.

Minimization of impacts where avoidance is not practicable; and

c.

Suitable mitigation to offset adverse impacts that ensures greater ecological benefits where avoidance and minimization are not practicable.

(3)

Prior to submitting a Site Development Plan, an applicant proposing to alter a wetland shall schedule and conduct a preapplication meeting with County staff. The applicant shall provide a written report at or prior to the preapplication meeting which:

a.

Describes the wetland habitat and the values and functions (including any protected species) currently associated with it;

b.

Includes recent photographs showing the wetland, or portion thereof, proposed to be altered;

c.

Demonstrates that the wetland qualifies for alteration based on the criteria provided herein; and

d.

Demonstrates that the principles of avoidance first and then minimization have been applied. The County shall indicate in writing whether the proposed wetland alteration meets applicable criteria.

(b)

Mitigation Ratios. The appropriate amount of mitigation to offset proposed wetland impacts shall be determined pursuant to the Uniform Mitigation Assessment Method (UMAM), Chapter 62-345 of the Florida Administrative Code.

(1)

If the proposed wetland impacts do not qualify for a UMAM assessment, the following ratios will apply:

a.

One-to-one for herbaceous wetlands and two-to-one for forested wetlands in accordance with Level 1 mitigation standards as stated herein.

(2)

The type of mitigation proposed shall be appropriate for the wetland impacts incurred as determined by the Environmental Protection Division.

(c)

General Mitigation Requirements. In cases where wetland alterations are approved by the County, a wetland mitigation, maintenance and monitoring plan based on best available technology shall be submitted to the County for review and approval prior to or concurrent with the submittal of a Site Development Plan and Building Permit review.

(1)

All alterations in wetlands which result in a loss of habitat function and value shall be mitigated in accordance with ratios determined in subsection (b) above, and performance standards specified in subsection (d), below;

(2)

Wetland mitigation shall provide values and functions equal to or, in the case of an impacted or degraded wetland, greater than those of the wetland qualifying for alteration in perpetuity;

(3)

The applicant shall demonstrate reasonable assurance that the wetland mitigation will exhibit the defined environment function and nature of, and, where hydrologically feasible, be of similar type to the altered wetland;

(4)

An applicant may not designate as preservation areas those native habitats that have already been preserved pursuant to a prior Development Order under the Management Guidelines within the Principles for Evaluating Development Proposals in Native Habitats of the Comprehensive Plan, and Section 124-172, in order to satisfy wetland mitigation requirements;

(5)

All mitigation areas shall be maintained and preserved in perpetuity by the responsible entity, who has the necessary control to perform any required maintenance or corrective actions;

(6)

The applicant or other responsible party shall provide a mitigation, maintenance and monitoring plan which meets performance standards as indicated in subsections (g) through (k), below;

(7)

Any modifications in County-approved plans (e.g., change in plants used, configuration of the mitigation area, change in the responsible entity for monitoring and maintenance activities) shall be submitted in writing to the County for review and approval prior to initiating the proposed modifications; and

(8)

The success of mitigation shall be monitored by the applicant or other responsible party and shall also be subject to compliance inspections and enforcement by the County.

(d)

Performance standards. Performance standards shall require the following:

(1)

When an applicant proposes mitigation for impacts to wetlands, the applicant will be responsible for submitting the necessary supporting information for the application.

(2)

The mitigation, maintenance, and monitoring plan must be prepared by a professional environmental scientist or environmental specialist, and shall provide reasonable assurance that the wetland mitigation will exhibit the defined environmental function, nature, and, where hydrologically feasible, similar type of the altered wetland.

(3)

Wetland mitigation shall consist of the creation, restoration, or enhancement of wetlands or preservation of upland habitats, in compliance with the provisions of this Section 124-175. The success of mitigation shall be monitored by the applicant or their designees and shall also be subject to compliance inspections and enforcement by the County.

(4)

Off-site wetland mitigation shall be allowed in cases where on site mitigation or preservation is not feasible, and where the on-site mitigation opportunities are not expected to have long-term viability when compared with the proposed off-site mitigation; or where off-site mitigation would provide a greater improvement in ecological value and function than on-site mitigation, as determined by the County.

(5)

All off-site mitigation shall be within the County boundaries, unless an interlocal agreement and other legal mechanism acceptable to the county exists that ensures the county can maintain compliance with these standards or within a state-approved mitigation bank that has a service area containing the proposed wetland impacts and appropriate credits to offset the loss of function and value.

(6)

Wetlands degraded in violation of local, state, or federal regulation shall not be considered as degraded under this part. The acreage of mitigation required compared to the acreage of wetlands adversely impacted by a proposed activity will be determined based upon the values and functions provided by the proposed mitigation compared to the values and functions likely to be lost due to proposed wetland impacts.

(e)

Wetland Mitigation Plan—General Requirements. All wetland mitigation plans shall include:

(1)

A relocation plan, in cases where state or federally listed threatened or endangered plant species will be impacted. Relocation should occur prior to Development and should be done in accordance with an approved plan;

(2)

Name(s) and contact information of the person(s) or company responsible for planting, monitoring and maintaining each mitigation area;

(3)

Methods to ensure the perpetual maintenance of mitigation areas as preserves (deed restrictions, conservation easements, or restrictive covenants, or other methods approved by the County);

(4)

The acreage of wetlands proposed for alteration;

(5)

The type of mitigation proposed;

(6)

A description and depiction of the upland buffers proposed. Buffers, a minimum width of 30 feet, shall be required around all the mitigation areas. Planting suitable native vegetation (e.g., wax myrtle, saw palmetto, oak trees) in an upland buffer may serve as enhancement and be credited toward the required mitigation;

(7)

The spacing when planting of wetland vegetation is proposed or required, including a plan view showing zones to be planted. Centers of vegetation shall be no farther apart than three feet for herbaceous individual plants or clumps, five feet for floating-leaved species and ten feet for trees and shrubs when calculating number of plants required. Using a random pattern or a pattern simulating natural conditions shall be used when appropriate. Consideration of spacing shall be based on the tree canopy size as an adult specimen, allowing the tree to mature freely;

(8)

Indicate the source of plants, muck or substrate to be used in the mitigation area. If plants are to be obtained from the wild (not from the altered wetland), proof must be provided that a Permit to relocate the vegetation has been obtained from the Florida Department of Environmental Protection;

(9)

All plants/trees used in upland mitigation areas must be Florida #1 grade or better, as described in the Grades and Standards for Nursery Plants. All wetland plants/trees used in wetland mitigation areas shall meet the specifications described in the wetland plant section of the Grades and Standards for Nursery Plants. If field harvested plants are used, they must be of equivalent quality to the aforementioned standards;

(10)

Mitigation creation and restoration areas shall be constructed within 30 days following approved wetland impacts, unless a written extension is obtained from the County. The County may grant extensions of no more than 90 days to accommodate construction schedules or to avoid planting when drought, frost or freeze damage is likely. The County shall be notified upon completion of planting. Wetland enhancement mitigation activities shall be initiated prior to issuance of a Certificate of Completion. Upland preservation mitigation areas shall have an executed conservation easement, or restrictive covenant that is officially recorded in the County's Clerk of Circuit Court Records prior to issuance of the project's Certificate of Occupancy or Certificate of Completion;

(11)

A monitoring and maintenance bond in a form acceptable to the Board shall be submitted to the County prior to wetland disruption. Said bond shall be in the amount to cover 100 percent of the estimated cost for three years of monitoring and maintenance of the mitigation area(s). The applicant shall also provide a temporary maintenance easement to the County in the event that the mitigation bond must be used to properly maintain the mitigation area;

(12)

All mitigation shall be performed on-site, unless the applicant demonstrates to the satisfaction of the Sarasota County Environmental Protection Division that on-site mitigation is not technically feasible due to hardships associated with the site. All off-site mitigation shall be within the County boundaries, unless an interlocal agreement and other legal mechanism acceptable to the County exists that ensures the County can maintain compliance with these standards. Wetland creation mitigation shall be confined to flatwoods (except scrubby flatwoods), improved pasture or substantially disturbed areas, where the water table is still at sufficient levels to sustain wetland vegetation. Whenever possible, mitigation should be provided in a defined area that is part of an environmental system or corridor that can enhance wildlife values and functions. Applicants are encouraged to incorporate design features into mitigation areas that will enhance wildlife use;

(13)

A description of wildlife observed utilizing the site, especially species protected by State or Federal regulations. Each on-site habitat shall be surveyed using the most recent sampling techniques recognized by the appropriate state and federal wildlife agency, or other technique approved by the Sarasota County Environmental Protection Division.

(f)

General Requirements for Monitoring and Maintenance Plans Wetland Mitigation and Planted Buffers. All wetland monitoring programs shall comply with the following requirements:

(1)

The mitigation area(s) shall be evaluated twice a year during the growing season (April through November) for a period of not less than three years. Tasks (2) through (5) shall be repeated during each visit.

a.

An annual monitoring report shall be submitted to the County summarizing the results of the two monitoring events for at least three years. Additional monitoring may be required if the success criteria of native or invasive/nuisance plant coverage has not been achieved.

b.

The monitoring report shall include all of the applicable elements reflected in the monitoring report guidelines located in subsection (l), below.

c.

Monitoring reports that do not include all of the required information shall be deemed incomplete and require a resubmittal.

d.

Each monitoring report shall be prepared by an environmental scientist, ecologist, biologist or person with similar training, capable of preparing materials that meet the standards of this UDC, and may be submitted via mail or e-mail attachment [PDF, Word].

(2)

If a planted buffer is proposed as a component of the wetland mitigation plan, the planted buffer monitoring areas shall be evaluated annually following completion of planting and submitted with the annual wetland mitigation report.

(3)

The site shall be photographed at easily verifiable and reproducible photo locations during each visit.

(4)

Nuisance/invasive species shall be removed whenever the percent coverage exceeds the level designated in the approved mitigation plan (UMAM or Level 1).

(5)

The relative success shall be assessed during each visit, as determined by the existing cover of plants. The following shall be recorded: Water depths measured relative to seasonal high of the wetland mitigation area, the percent coverage of nuisance/invasive plant species, percent coverage of naturally recruited species, and wildlife observations. A summary of maintenance activity during the monitoring interval, and a summary of maintenance or other corrective actions needed to achieve performance criteria shall be provided.

(6)

As-built drawings or other acceptable professional documentation as determined by the Environmental Protection Division, providing acreages and elevations, for each wetland creation, restoration, and enhancement mitigation area shall be provided. This record survey shall be performed by a Professional Surveyor and Mapper and drawn at an appropriate scale.

(7)

If assessment of the mitigation site supports the mitigation activities have achieved success, the responsible party shall provide written certification by an environmental scientist, biologist or registered engineer or landscape architect that the mitigation meets applicable success criteria. If certification of success is not submitted or is not approved by the County then annual monitoring shall continue until the mitigation is deemed successful by the County after applying the success criteria described in subsections (g) through (k), below.

(8)

Corrective actions will be required on an annual basis if the mitigation area fails to show progress toward the approved success criteria, as determined by the Environmental Protection Division. Proposed corrective actions must be reviewed and approved by the Sarasota County Environmental Protection Division prior to implementation.

(g)

Level I or Creation/Restoration Mitigation—General Criteria. In addition to the general mitigation requirements in subsections (d), (e), and (f), above, applicants proposing Level I or creation/restoration mitigation shall also include the following information: (1) and (2) and comply with the following requirements (3) and (4). The purpose of Level I or creation/restoration mitigation is to reproduce a wetland that is similar in plant diversity, wildlife habitat, topography and function to the wetland to be impacted, or in the case of a degraded wetland, greater than those of the wetland qualifying for alteration.

(1)

Applicants shall provide a table showing the amount and type of mitigation proposed.

(2)

Applicants shall provide a methodology statement regarding how plant diversity and coverage, topography, water depths (e.g., normal pool and seasonal high), and hydroperiods in each wetland zone will be assessed in the wetland(s) qualifying for alteration, and how these will be recreated in the mitigated wetland, and maintained in perpetuity. The methods selected shall be verifiable, reproducible and provide a sufficient effort of sampling to characterize accurately each vegetation zone or stratum. The methodology proposed shall be submitted to the County for review and approval prior to the submittal of a Site Development Plan. The data obtained from the survey may be submitted with the Site Development Plan; however, applicants are encouraged to submit this information prior to submitting a Site Development Plan so that any deficiencies can be corrected and redesign of the plan, if necessary, can be facilitated without delaying approval of the Site Development Plan.

(3)

Establish vegetation zones or strata in the recreated wetland similar to those in the wetland to be impacted. Typical cross-sections of the wetland(s) to be impacted and mitigated wetland(s) shall be provided.

(4)

Use similar substrate. Suitable substrate from each zone of a wetland to be altered that is essentially free of nuisance/invasive species shall be transferred to appropriate zones in the recreated wetland(s). If suitable substrate is not available due to previous impacts to the wetland, it must be obtained from a source that is essentially free from nuisance/invasive species. The proposed source shall be identified and is subject to approval by the County. Transfer of muck shall occur within 30 days following disturbance of the wetland. If a clay or other confining layer is present beneath a wetland, the material should be transferred to the recreated wetland, whenever practical.

(h)

Level I and Creation/Restoration Mitigation—Success Criteria. At the end of the required minimum three-year monitoring period, mitigation may be deemed successful and monitoring may cease when:

(1)

The diversity of native plant species in the recreated wetland approximates or exceeds the diversity of plants in the wetland that was impacted; and

(2)

The use of the recreated wetland by wildlife is similar to that of the impacted wetland prior to impact, based on a comparison of observations made prior to impact with those made at mitigated wetlands during each monitoring event; and

(3)

The coverage of native plants within each zone or stratum, including the buffer if planted, equals or exceeds the coverage in the impacted wetland prior to impact; and

(4)

Nuisance/invasive species coverage is consistent with mitigation plan levels approved by the County; and

(5)

The mitigation area has not been augmented by irrigation or required supplemental planting to attain a native plant coverage level consistent with mitigation plan levels approved by the County, for a period of one year; and

(6)

Hydroperiods in the mitigated wetland are adequate to sustain its functions and values.

(i)

Wetland Enhancement Mitigation, General Criteria. In addition to the applicable general mitigation requirements in subsections (d), (e), and (f), above, applicants proposing wetland enhancement mitigation shall also include the following information:

(1)

The type of wetland enhancement mitigation proposed to increase the ecological value.

(2)

A plan sheet clearly depicting the location of existing wetland(s) to be enhanced and an environmental narrative thoroughly describing its historical/existing condition, including the historical/existing Seasonal High-Water Level where feasible.

(3)

A description of the proposed enhancement activities to increase the function and value of existing wetland. Nuisance/invasive species shall be removed in accordance with the removal requirements contained herein. Applicants may elect to transfer native plants or clumps of plants from the wetland to be altered to the mitigation area. Credit will be given for these transfers in meeting specified wetland enhancement native plant coverage requirements.

(j)

Wetland Enhancement Mitigation, Success Criteria. At the end of the required minimum three-year monitoring period, mitigation shall be deemed successful and monitoring may cease when:

(1)

The enhanced wetland has reached the function and value set forth in the success criteria shown in the mitigation plan for one year without a maintenance event, supplemental planting or irrigation; and

(2)

Native plant coverage shall be consistent with mitigation plan levels approved by the Environmental Protection Division without supplemental planting or maintenance event during the previous year; and

(3)

Nuisance/invasive species levels shall be consistent with the mitigation plan approved by the Environmental Protection Division; and

(4)

Hydroperiods in the enhanced wetland are adequate to sustain its functions and values.

(k)

Upland Preservation Mitigation, General Criteria. In addition to the applicable general mitigation requirements in subsections (d), (e), and (f), above, applicants proposing upland preservation mitigation shall also:

(1)

Clearly demonstrate no net loss of wetland values and functions by utilizing a functional assessment methodology based on the Uniform Mitigation Assessment Method. An applicant may not designate as preservation areas those native habitats that must already be preserved under the Management Guidelines within the Principles for Evaluating Development Proposals in Native Habitats of the Comprehensive Plan, in order to satisfy wetland mitigation requirements. At a minimum, the plan shall contain the following information:

a.

A description (e.g., size, configuration, and location) and survey/construction drawing of the proposed preserved habitats to serve as mitigation, including an assessment of the environmental functions and values these habitats will provide after proposed compensation has been deemed successful by the County.

b.

A description of the proposed monitoring and long-term management that will preserve the projected functions and values of the mitigation site in perpetuity.

(2)

Upland preservation areas will be deemed successful when:

a.

A Resource Management Plan for the area, as defined in 124-176 of this UDC, is submitted by the applicant and reviewed and approved by the County; and

b.

The area is platted as a separate tract and designated as a preservation area; or

c.

A conservation easement, or restrictive covenant, is dedicated to the County and recorded as such; or

d.

Some other method of perpetual protection is approved by the County.

(l)

Monitoring Report. When any development activity requires the preparation of a monitoring report, at a minimum, each report shall include all of the applicable elements reflected in the Monitoring Report Guidelines below, prepared by a professional environmental scientist, ecologist, or biologist.

(1)

General Guidelines.

a.

Name of the site (e.g. subdivision name, phase/unit number, project name).

b.

Name, address and contact information of the responsible party (e.g. developer, Homeowners Association contact, registered agent).

c.

Name, address and contact information of the environmental consultant or person preparing the report.

d.

County case number (e.g. LMP, RM, CMV, LDS).

e.

Type and monitoring report number (e.g. littoral zone — first annual).

f.

Date (e.g. month/year) report is submitted and date (e.g. month/year) of monitoring event(s).

g.

Time frame the report covers.

h.

Brief history of the development and the monitored area(s), including previous monitoring results.

i.

Location map depicting the monitored area(s) within the site.

j.

Graphic depicting the extent of the monitored area(s).

k.

Acreage of monitored area(s).

l.

Photographs of the monitored area(s) from identified permanent photo stations.

(2)

Technical Guidelines.

a.

Description of the monitoring objective (e.g. success criteria).

b.

Description of monitoring method(s), quantitative or qualitative. Quantitatively describes the plant cover measurements (transects/quadrants). Qualitatively describes the activities, such as photo stations.

c.

Summary of the data collected. If the site consists of more than two areas, the results shall be separated by area and by transect/quadrant if applicable.

d.

Description of methodology to obtain water levels, referenced to the invert of a control structure(s) or the seasonal high water level.

e.

Description of hydrologic conditions including seasonal high water elevations.

f.

Description of the vegetation planted, including scientific name, common name, size, spacing, quantity, survival percentage, etc.

g.

Detailed summary of existing vegetation, including planted species, desirable naturally recruited species, exotic, and invasive species, including percent coverage for each species.

h.

Proposed monitoring schedule.

i.

Summary of wildlife observed and a description of the methods to evaluate the presence or signs of wildlife.

j.

Statements reflecting the overall progress in achieving the success criteria.

k.

Any proposed corrective actions or recommendations for remedial actions (e.g. maintenance, replanting, water levels) to reach success criteria.

(Ord. No. 2019-006, § 8, 4-23-2019; Ord. No. 2020-017, § 2, 6-3-2020)

(a)

Resource management plan and monitoring requirements for conservation and preservation areas. A Resource Management Plan for all preservation and conservation areas, which includes conservation easements, or restrictive covenants and wetland mitigation areas, must be submitted to the County to ensure maintenance of the functions and values of these areas pursuant to Section 124-230(a)(22) of this UDC. A goal of the Resource Management Plan is to create sustainable ecosystems.

(b)

Resource Management Plan. The Resource Management Plan shall be prepared by an experienced environmental professional and contain the following:

(1)

Identification of the responsible entity, who has the necessary control to perform any required maintenance or corrective actions;

(2)

Identification of prohibited activities, including, but not limited to, filling, excavating, alteration, trimming or removing of native vegetation within the preservation and conservation areas, as appropriate;

(3)

Identification of compatible land uses and activities (e.g., nature trails) which are subject to review and approval by the County;

(4)

Identification of measures to protect wildlife and integrity of the native habitat (e.g., wetlands and hammocks) prior to and during management activities;

(5)

Identification and description of best management practices and proposed management activities to be conducted to maintain the habitats in their existing high ecological value, enhanced, or restored condition, including measures to remove and maintain exotic, nuisance and invasive vegetation; prescriptive burns, roller-chopping, etc.;

(6)

Ecological assessment of each preservation/conservation area including habitat type, existing vegetation, strata, zonations, percent coverage of exotic, nuisance and invasive vegetation;

(7)

The percent coverage of exotic, nuisance and invasive vegetation to which each habitat within preservation and conservation areas is being maintained;

(8)

A hydrologic assessment of all wetlands including Seasonal High-Water elevations;

(9)

Resource management goals and monitoring methodologies;

(10)

The time frames and intervals for implementation of the Resource Management Plan activities; and

(11)

Resource Management Plan Goals.

a.

The existing wetland hydroperiods shall be determined by the applicant according to methods approved by County staff. Post-development hydroperiods shall approximate or improve those determined during pre-development investigations as determined in the Resource Management Plan. If the results of monitoring indicate that post-development hydroperiods do not approximate predevelopment hydroperiods or levels approved during development plan review, remedial action may be required.

b.

The percent coverage of exotic, nuisance, and invasive vegetation within each preservation and conservation areas shall be consistent with Section 124-177.

(c)

Monitoring Reports. Monitoring reports shall be submitted to the county annually, with the first report due one year after the issuance of the first Certificate of Occupancy.

(1)

The first report shall restate the approved resource management goals and monitoring methodologies.

(2)

Each monitoring report shall include all of the applicable elements reflected in the monitoring report guidelines located in subsection (l), below. Monitoring reports that do not include all of the required information shall be deemed incomplete and require a resubmittal. Each monitoring report shall be prepared by an environmental scientist, ecologist, biologist or person with similar training. The monitoring report may be submitted via mail or e-mail attachment [PDF, Word].

(3)

Annual reports shall be submitted for five years and then every three years for two reporting periods, unless the goals of the Resource Management Plan have been adequately demonstrated to be achieved earlier.

(d)

Maintenance.

(1)

Once the goals of the Resource Management Plan have been achieved, the preservation/conservation areas shall be maintained in perpetuity. Should functions and values of preservation, conservation or mitigation areas not be maintained, the Resource Management Plan activities and reporting requirements shall be reinstituted.

(a)

For the purposes of this Article, "remove" or "removal" means the in-place herbicide treatment of invasive herbaceous species; and flush cutting of invasive woody species, herbicide treatment of the stump and removal of the remaining woody biomass from the required management areas. Undesirable vegetation to be addressed in this section along with the goals for management and the acceptable level for maintenance for each species are provided in Tables 1, 2, and 3 of subsection (d) below. Undesirable vegetation is categorized by ability to manage and control the species and the level of threat the species poses to natural ecosystems. The management goal and maintenance levels are expressed in percent cover. The maintenance level percent is measured as percent cover by each post-development Florida Land Use Cover and Forms Classification System (FLUCFCS) Code.

(1)

Undesirable vegetation as listed in Tables 1, 2, and 3 of subsection (d) below, shall be removed from development sites as follows:

a.

For proposed developments in which undesirable vegetation is currently acting as a visual buffer on the perimeter, a phased removal and replanting plan may be utilized with prior written approval from the county. Replanting will be consistent with UDC requirements.

b.

For phased projects, undesirable vegetation shall be removed prior to obtaining a Certificate of Completion for each project phase as depicted on approved Site Development Plans.

c.

Undesirable vegetation listed in Tables 1, 2, and 3 of subsection (d) below, within platted or designated preservation or conservation areas (including conservation easement, or restrictive covenant) on the project site shall be removed. Methods for removal and disposal shall be a component of Section 124-176(b), Resource Management Plan. Undesirable vegetation shall be managed in accordance with the management goals and maintenance level provided in Tables 1, 2, and 3 of subsection (d) below. These management goals and maintenance levels shall be a component of Section 124-176(b), Resource Management Plan. Undesirable vegetation shall be maintained at the designated or otherwise County-approved maintenance level in perpetuity. The management and maintenance plan for the proposed initial removal, maintenance and continued control of undesirable vegetation including the proposed removal methods other than hand-clearing shall be included as components of the Resource Management Plan provided to the County for approval prior to Site Development Plan approval of the project. Noncompliance with the approved plan constitutes a violation of this section. Monitoring of undesirable vegetation within preservation and conservation areas is required. All activities shall be performed or overseen by an environmental scientist, ecologist, biologist or person with similar training capable of preparing materials that meet the standards of this UDC. See Section 124-176.

(2)

Preservation and conservation areas (including conservation easements, or restrictive covenants), landscape buffers, and natural watercourses with buffers of native vegetation which contain undesirable vegetation listed in Table 3 of subsection (d) below, or undesirable vegetation in Table 2 of subsection (d) below that is determined to be extremely difficult to control, or with no cost-effective method established for its control, or located in an area significantly affected by adjacent off-site seed sources, may be addressed on a case-by-case basis. The size of the preservation or conservation area, access to the area and costs of removal will be taken into consideration in approving deviations from the established management goals and maintenance levels provided in Tables 1, 2, and 3 of subsection (d) below. When requesting deviations from the referenced level, the following shall be provided to the county for approval as a component of Section 124-176(b), the Resource Management Plan:

a.

A written explanation of circumstances that make it difficult to maintain any specific undesirable species at less than the required coverage.

b.

A site plan overlaid on an aerial showing the aerial coverage of the identified undesirable species that is demonstrated to be difficult to control.

c.

A description of the proposed specific maintenance activities and intervals.

d.

The proposed management goal and maintenance level of the undesirable species in percent cover by post-development FLUCFCS code.

(b)

Standards for removal, maintenance and control of undesirable vegetation.

(1)

Maintenance and control methods shall be updated periodically in monitoring reports required under Section 124-176(c), to reflect new technologies and information.

(2)

Only EPA-approved herbicides applied by a licensed applicator shall be utilized in the removal of undesirable vegetation.

(3)

Maintenance of undesirable vegetation within the project site shall occur annually, at a minimum, or more frequently if necessary to effectively control these species.

(4)

Best management practices shall be utilized to protect native vegetation, natural watercourses with buffers of native vegetation, and adjacent properties during the removal of undesirable vegetation. Every consideration shall be given to retaining as much of the existing native vegetation as possible.

(5)

Areas of undesirable vegetation removal and control shall be clearly depicted on all construction and Site Development Plans.

(6)

All removed undesirable vegetation shall be properly disposed of in an approved landfill or by other methods approved by the county.

(7)

Native vines including Muscadine grape (Vitis rotundifolia); Virgina creeper (Parthernocissus quinquefolia); Pepper vine (Ampelopsis arborea); Creeping cucumber (Melothria pendula) should be controlled when the vines are posing a threat to other native vegetation (e.g., killing of native trees).

(c)

Undesirable vegetation removal to fulfill requirements of this section shall not prohibit the use of these activities to fulfill wetland compensation options for mitigation credit for the County and other environmental agencies.

(d)

Undesirable Vegetation. The following tables reflect the Management Goals and Maintenance Levels in percent cover that shall be utilized for this Section. Undesirable vegetation listed in these tables shall be revised periodically to reflect add or delete species as necessary.

¹ In coastal habitats

¹ Native species

TBD = To be determined on a case-by-case basis and submitted in Resource Management Plan and approved by County.

(Ord. No. 2019-006, § 8, 4-23-2019)

(a)

Littoral Zone Requirements. An applicant shall create a vegetated littoral zone for any development, as that term is defined in Section 380.04, Florida Statutes, for any project that either singularly, or cumulatively when a project is constructed in phases, includes a stormwater detention pond or pond system greater than or equal to one (1) acre necessary for purposes of treatment. If the singular or cumulative size of a stormwater detention pond or pond system is less than one (1) acre in size, then a littoral zone is not required unless the stormwater detention pond or pond system directly connects to a native habitat area or watercourse.

(1)

Littoral zones shall occupy at least thirty-percent (30%) of the surface area for each stormwater pond, or series of ponds if connected with equalizer pipes, measured at normal water level, to be used as a littoral zone, except as permitted elsewhere in this Article. In cases where a stormwater pond exceeds the minimum area needed to treat stormwater runoff, the area of littoral zone shall be based on the minimum pond size that would have been required for stormwater treatment. Littoral zones will not be required in dry retention facilities (e.g., sodded depressions designed to hold stormwater for a fixed period of time, then dry out as water is lost through percolation and evaporation) or underground vaults.

(b)

Littoral Zone Alternative Designs. An applicant may submit an alternative design compensating for required littoral zones in the following circumstances: (1) for new developments; or (2) for existing littoral zones that have not reasonably achieved success criteria per Section 124-178(h) and meet the eligibility criteria for an Administrative Adjustment per Section 124-178(j)

(1)

The County may consider alternative designs to planted littoral zone areas in lieu of, or in combination with planted littoral zones so long as it is determined to be in its best professional judgment that an alternative design promotes a healthy stormwater detention pond or pond system and provides similar or greater ecological benefits than the standard littoral zone requirements. In exercising their best professional judgment, County staff shall use the Evaluation Parameters contained in Section 124-173(f) of this Article to evaluate whether any alternative design proposals located in areas protected or set aside provide similar or greater ecological benefits.

(2)

Alternative designs are site-specific to the proposed project and may include, but are not limited to: upland buffers, shoreline plantings, wildlife corridors, habitat management, habitat enhancement, habitat conservation, and other native vegetated areas.

(3)

Any alternative design proposals located in areas protected or set aside shall be located within or adjacent to the pond required to have the littoral zone, and shall not be in conflict with the stormwater facility design standards contained in this UDC.

(4)

An applicant shall not include areas protected or set aside from development pursuant to other provisions of this Code in any alternative design.

(c)

Littoral Zone Location. An applicant shall submit a plan showing the proposed location(s) of the littoral zone(s) or alternative design, including a typical cross-section. The location of the proposed work shall be on-site within the community or phase being developed.

(d)

Littoral Zone Maintenance. Required littoral zone or approved alternative design vegetation shall be maintained in perpetuity by a designated responsible entity or the owner of the property.

(e)

Littoral Zone Bond and Maintenance Easements. A monitoring and maintenance bond in a form acceptable to the Board shall be submitted to the County prior to the excavation of the on-site lakes. The bond shall be in the amount to cover 100 percent of the estimated cost for two years of monitoring and maintenance of the littoral zones or alternative designs. The applicant shall also provide a temporary maintenance easement to the County in the event that the bond must be used to properly maintain the littoral shelf or alternative design. Bonds are not required for non-residential commercial projects.

(f)

Littoral Zone Planting Plan. The applicant shall submit a planting plan that includes the location and species to be planted in littoral zones or alternative designs. For littoral zones, initial planting shall include at least three different herbaceous emergent native species for each littoral zone. No species shall constitute more than 50 percent of the number of plants to be planted.

(1)

Source of Plants. If plants are to be obtained from a nursery, the plan must indicate the source. If plants are to be obtained from the wild, the applicant must provide proof that the appropriate Permit has been obtained from the Florida Department of Environmental Protection. If plants are obtained from the wild, they shall be free of exotic plant and animal species.

(2)

Spacing. For littoral zones, centers of vegetation shall be no farther apart than three feet for herbaceous individual plants or clumps or five feet for floating-leaved species. For alternative designs, it is recommended that herbaceous plants be planted on three-foot centers, shrubs be planted on five-foot centers, and trees be planted on ten-foot centers, unless otherwise approved by the County.

(3)

Planting Schedule. The applicant must include a planting schedule in all planting plans. Plantings for littoral zones and alternative designs shall be conducted during conditions that support the success of the planting efforts. All planting timeframes are subject to approval by the County.

a.

Littoral Zones. Littoral zones should be planted during the months of June through October. Littoral zones in ponds excavated during these months shall be planted within 30 days following excavation, provided that normal water level is or is likely to be attained within that time period. Littoral zones in ponds excavated in November through May shall be planted by June 15 unless otherwise decided by the County based on existing environmental conditions. The County shall be notified within seven days of planting.

(4)

Guarantee of Coverage. Supplemental planting will be required on an annual basis if coverage is less than 65 percent and the littoral shelf or alternative design fails to show progress toward success, unless otherwise determined by the County based on existing conditions. Desirable native herbaceous emergent plants that recruit within a littoral zone or alternative design will be counted towards the coverage requirement.

(g)

Littoral Zone Monitoring. The success of the littoral zone plantings shall be assessed twice a year during the growing season (April through November). An annual littoral zone monitoring report shall be submitted to the County summarizing the results of the two monitoring events.

(1)

Monitoring schedules for alternative designs will be determined by the County during the review of the alternative design proposal.

(2)

Monitoring reports may be submitted via mail or e-mail attachment [PDF, Word]. Each monitoring report shall include all of the applicable elements reflected in the monitoring report guidelines located in Section 124-175(1). Monitoring reports that do not include all of the required information shall be deemed incomplete and require a re-submittal. The monitoring report shall be prepared by a professional environmental scientist, ecologist, biologist or environmental specialist.

(h)

Littoral Zone Success Criteria. The littoral zone shall be deemed successful and monitoring may cease when the native herbaceous emergent vegetation equals or exceeds 65 percent coverage and nuisance/invasive species coverage constitutes less than 15 percent. The owner/applicant must maintain the littoral zone. If the failure is due to lack of adequate maintenance, County staff may deny an application for alternative design and seek enforcement of the original design. For alternative designs, the percent coverage for success criteria shall be determined on a case-by-case basis depending on the ecological alternatives proposed.

(j)

Littoral Zone Administrative Adjustment. An applicant may apply for an Administrative Adjustment from the Littoral Zone Requirements of this Article if an approved and implemented littoral zone or alternative design cannot reasonably reach success criteria. An applicant shall submit an Administrative Adjustment application by letter directed to the County. The Administrative Adjustment application must include a written explanation why good cause exists for relief, including a demonstration of any impediments that prevent a site from achieving success criteria. The County shall evaluate an Administrative Adjustment request, and may request additional information from the applicant. No later than thirty (30) days after receiving a complete Administrative Adjustment application, the County shall then issue a letter granting or denying the Administrative Adjustment, with a written explanation for its conclusion, pursuant to the requirements of Section 124-46 of the UDC.

(1)

Criteria. The County may grant an Administrative Adjustment pursuant to Section 124-46, if it determines that each of the following criteria have been met:

a.

Success criteria have not been achieved due to uncontrollable environmental factors (e.g. weather, birds, fish, deep holes, water level variations, etc.).

b.

There has been a significant level of effort by the property owner to achieve success criteria (e.g. number of planting events, number of monitoring reports, costs, etc.).

c.

The lack of success is not a result of land-owner actions or inactions.

(2)

Alternatives for Unsuccessful Littoral Zones. If the County determines that an Administrative Adjustment is warranted, then the County may require from the applicant a Littoral Zone Alternative Design consistent with subsection (b), above to compensate for the unsuccessful areas.

a.

The applicant must provide, at a minimum, a sketch and cross-section showing the proposed alternative design. If the County determines that the proposed alternative design requires modification of the permitted stormwater facility design, then it may require the applicant to submit engineered plans in addition to modifications to the approved construction plans to meet the UDC regulations.

b.

If the County determines that an alternative design is not viable due to special conditions and circumstances that exist, which are peculiar to the land, it may reevaluate the success criteria based on site specific factors.

(3)

Appeals. A written determination of Littoral Zone Requirements made by the County under the provisions of this section shall be final, provided that the owner or applicant may, within 30 days of the determination, appeal that determination to the Board in the same manner as Section 124-47 of this UDC.

(k)

Littoral Zone Stocking of Exotic Fish. Stocking of exotic fishes such as Tilapia (Oreochromis spp., Sarotherodon spp., and Tilapia spp.), grass carp (Ctenopharyngodon idella), suckermouth catfish (Hypostomus spp.) and others, shall be prohibited in ponds with littoral zones. If such species are introduced by other means (cross contamination by maintenance boats, birds, etc.) and are impacting the success of the littoral zone, they shall be removed from the stormwater system to the extent practical.

(l)

Littoral Zone Water Withdrawals for Irrigation. Any facilities necessary for irrigation purposes shall not be located in preservation areas or identified protected native habitat. If water withdrawals for irrigation purposes are proposed from stormwater ponds that contain littoral zones, the County may require an irrigation plan to establish water levels and control withdrawals to ensure the success of the littoral zone.

(Ord. No. 2019-006, § 8, 4-23-2019; Ord. No. 2020-017, § 2, 6-3-2020)