The intent of this chapter is to protect and manage wetlands, environmentally sensitive lands, historic and specimen trees, mangroves, and the shoreline within the city to implement the goals, objectives and policies of the comprehensive plan of the city.

The regulations of this chapter apply to all public and private lands within the city. Pursuant to chapter XI of this Code, a permit shall be required for any development or other site activity that alters, impacts or removes environmentally sensitive lands, wetlands or trees within the city. Any violation of this chapter shall constitute a municipal ordinance violation and may be prosecuted before the code enforcement board of the city as provided in chapter 26 of the City Code of Ordinances below.

(Ord. No. 1824-02, § 1, 1-28-02)

These regulations will be applied to proposed development site plans or proposed plat plans submitted to the city to all site activity that occurs on or after February 14, 2000.

A.

Impacts to wetlands and other environmentally sensitive lands shall be avoided or minimized to the greatest extent practicable.

(Ord. No. 2165-08, § 2, 11-24-08)

For properties with wetlands and for properties of greater than one acre, an application for site plan approval or plat approval shall include an environmental assessment report relating to the subject property that has been prepared by a qualified environmental professional (i.e., certified ecologist, certified environmental professional, professional wetland scientist, or other recognized certification). The report shall include the information listed below:

A.

Site description. A description of the site location and acreage, including adjacent streets and roads, Township, Section, Range and street address, if any, shall be included. A site location map at a scale sufficient to show the site and its relationship to the city municipal boundary shall be provided.

B.

Vegetative description. A description of the vegetation on the site and each separate type of upland vegetation or land cover and each type of wetland vegetation cover shall be mapped and described in accordance with the Florida Land Use, Cover, and Forms Classification System. The map shall include total acreage calculations of each vegetative type shown on the map. A recent aerial photograph of the subject property to correspond to the map shall be included. The U.S. Fish and Wildlife Service (USFWS) Endangered Species database and the Florida Department of Agriculture and Consumer Services list of state-designated plant species shall be reviewed prior to conducting a site visit. A description of listed plant species actually observed or expected on the site based on observed habitat shall be included.

C.

Wetland delineation.

1.

A copy of a wetland delineation map according to the State of Florida shall be submitted to the city development department. If the delineation of wetlands is not complete at the time of review, a map depicting the approximate location and types of wetlands shall be submitted for planning purposes. Issuance of a development permit will not occur until a verified wetland determination is completed and development plans revised accordingly.

2.

For those sites where wetlands have been determined to be present, a separate determination of the existence of outstanding resource wetlands shall be provided. This determination shall meet the criteria for an outstanding resource wetland provided in this chapter. A separate map of outstanding resource wetlands shall be included.

D.

Wildlife evaluation.

1.

A description of the wildlife actually observed or expected on the site based on observed habitat shall be included. Habitat indicators such as tracks, burrows, nests, and live sightings should be documented for species listed by Florida Fish and Wildlife Conservation Commission (FWC) and the (USFWS) as endangered, threatened or of special concern. The USFWS Endangered Species database and FWC list of state-designated wildlife species shall be reviewed prior to conducting a site visit.

2.

The field reconnaissance and identification efforts and methods including transects, random observation, and reference documents used in the wildlife evaluation shall be described. Copies of correspondence with the FWC and USFWS shall be provided. In instances where the presence of listed species is actually observed or expected based on habitat, the city development director may include a disclaimer and/or condition to an issued permit that all other applicable state and federal permits be obtained prior to commencement of the development.

E.

Preserve area and upland buffer evaluation. A calculation of the preserve area and upland buffer requirements for the project as set forth in this chapter shall be included. This evaluation must include a summary of total site area, acreage of wetlands, acreage of native upland and of non-native upland. A map depicting each area type, as well as locations of wildlife observations from the wildlife evaluation shall be provided.

F.

Native vegetation preserve area onsite/offsite relocation assessment. For sites where an upland native vegetation preserve area is proposed to be relocated either onsite or offsite, the proposed onsite or offsite relocation area should be the same type as the community proposed to be impacted. A specific assessment of this relocation area shall be performed in accordance with section 5.04.00 of this Code. On-site preserve areas of a different type may be proposed and allowed at the city's discretion, providing that the area is a native vegetative community that is rare within the city or Martin County.

The wetlands subject to the provisions of this chapter are those that have been "verified" by the State of Florida.

(Ord. No. 2165-08, § 2, 11-24-08)

No site clearing of any public or private lands within the city shall be permitted without approval by the city. Proposed development site plans and plat applications for sites of greater than one acre shall include a native vegetation preserve area for the preservation of upland areas in functional habitat units.

(Ord. No. 1824-02, § 1, 1-28-02; Ord. No. 2165-08, § 2, 11-24-08)

Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 CFR 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this ordinance:

(1)

Railroads and ancillary facilities associated with the railroad.

(2)

Nonresidential farm buildings on farms, as provided in F.S. § 604.50.

(3)

Temporary buildings or sheds used exclusively for construction purposes.

(4)

Mobile or modular structures used as temporary offices.

(5)

Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the generation, transmission, or distribution of electricity.

(6)

Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features.

(7)

Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.

(8)

Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.

(9)

Structures identified in F.S. § 553.73(10)(k) are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on flood insurance rate maps.

The Martin County Wellfield Protection Ordinance No. 949, February 26, 2014, or subsequent amendments thereto, is hereby adopted by reference as part of this Code. Copies of this document shall be made available to the public at the office of the city clerk or Martin County's website.

A.

Evidence required. Prior to seeking environmental permits from state and federal agencies, and prior to the issuance of a development permit by the city, an applicant for development approval shall provide evidence to the city development director that the following environmental impact avoidance and minimization techniques have been employed to the greatest extent practicable in the preparation of a proposed site plan.

B.

On-site avoidance.

1.

Can another vertical level be added to a building to decrease the overall building footprint?

2.

Can the building footprint be reduced and still achieve the project's purpose and need?

3.

Can a building be repositioned on the parcel to reduce or eliminate environmental impacts?

4.

Can multiple structures be clustered to reduce or eliminate impacts?

5.

Can road or utility alignments be reconfigured?

6.

Can spans and bridges be used instead of culverts?

C.

Site engineering changes.

1.

Can grading be minimized by incorporating natural topography?

2.

Can more trees and vegetation be preserved?

3.

Can parcel layout be reconfigured?

4.

Can state waters, including wetlands, be concentrated into subdivision "common areas"?

5.

Can the project's stormwater facilities be designed using Low Impact Development (LID) Techniques as described in the University of Florida IFAS Extension publication "LID Practices: Integrating Wetlands & Enhancing Stormwater Basins," copies of which shall be made available by the city development department?

(Ord. No. 2539-2025, § 2, 4-16-25)

D.

On-site minimization.

1.

Can some of the above listed techniques be used to further minimize impacts?

2.

Can directional drilling be used to install underground utilities instead of excavation and backfill?

3.

Can equipment fitted with low pressure tires or tracks be used?

4.

Can any permanent impacts (e.g., access roads) be converted to temporary impacts?

5.

Can construction staging or stockpiling of materials occur in areas outside of environmentally sensitive lands?

(Ord. No. 2165-08, § 2, 11-24-08)

Wetland verification for the purposes of protection under this chapter shall be consistent with F.S. § 373.421, and with F.A.C. ch. 62-340. A wetland, with the required upland buffer and construction setback area, is depicted above as a "jurisdictional wetland boundary" in Figure 1. Surrounding the wetland is the required "upland buffer" and the "construction setback."

(Ord. No. 2165-08, § 2, 11-24-08)

A.

Introduction. To preserve and protect wetlands, the city advocates a development pattern that avoids or minimizes damage to wetlands and directs development to lands that are not environmentally sensitive. The city encourages activities not dependent upon a wetland location be located at upland sites. To promote compact urban development and discourage urban sprawl, the city allows wetland impacts under certain conditions and only where all practical measures to avoid wetlands have been applied.

B.

Impacts to wetlands prohibited. Except as otherwise provided herein, any impact upon a wetland, whether directly or indirectly caused, is prohibited. An impact upon a wetland is damage to a wetland caused by any means.

An impact to a wetland is prohibited unless the mitigation requirements of this chapter and each of the following criteria are satisfied. Further, the proposed impact must be made in the context of a planned unit development (PUD) agreement.

(Ord. No. 2539-2025, § 2, 4-16-25)

1.

If wetlands exist on the development site, the developer shall meet with the city development director to discuss preliminary site design prior to the submittal of a permit application to the State of Florida. The city development director may include a disclaimer and/or condition to an issued permit that all other applicable state and federal permits be obtained prior to commencement of the development.

2.

The requirements for elimination and reduction of impacts to wetlands in accordance with F.A.C. 40E-1, Basis of Review for Environmental Resource Permit Applications, section 4.2.1., as amended from time to time, shall be met. The city development director may include a disclaimer and/or condition to an issued permit that all other applicable state and federal permits be obtained prior to commencement of the development.

3.

The requirements for avoidance and minimization of direct impacts to wetlands in accordance with the federal Clean Water Act, as amended from time to time, shall be met. The city development director may include a disclaimer and/or condition to an issued permit that all other applicable state and federal permits be obtained prior to commencement of the development. A final permit from the corps shall precede any direct impact to a wetland.

4.

In those instances where wetland delineation was not conducted using the post-1994 accepted practice for doing so and no permit was required from the State of Florida, impact to a wetland is prohibited unless the mitigation requirements of section 5.03.03.D and at least one of the following conditions exists:

a.

The proposed impact is necessary to accommodate roads, utilities, and other infrastructure that cannot otherwise be reasonably provided without the impact;

b.

More than 75 percent of the vegetation within the wetland to be impacted is non-native vegetation;

c.

A larger upland preserve area(s) with significantly higher ecological values, not required for preservation by this chapter, will be preserved elsewhere on the site.

5.

Unless otherwise approved by the city commission, new onsite sewage disposal systems must be located not less than 75 feet from wetlands for parcels created after January 1, 1972, and not less than 50 feet from wetlands for parcels created prior to 1972.

(Ord. No. 2539-2025, § 2, 4-16-25)

6.

No wetland impacts shall be permitted on sites where no development activity is proposed.

C.

Upland buffer requirements for verified wetlands. To protect wetlands, upland buffers around wetlands shall be provided and preserved around each wetland or portion thereof on the property.

1.

The minimum average width of an upland buffer shall be 50 feet and at no point shall its width be less than 25 feet. The minimum average width of an upland buffer around an outstanding resource wetland shall be 75 feet and at no point be less than 50 feet.

2.

Except as otherwise provided in this chapter, the native vegetation within an upland buffer shall not be disturbed by development activity.

3.

Any portion of a required upland buffer not comprised of native vegetation shall be planted with native vegetation.

a.

Planting shall include all vegetation types that are consistent with the native uplands in the vicinity, including canopy, understory and ground cover.

b.

The non-native vegetation in the upland buffer planted area shall be removed.

c.

Planting shall be installed according to a planting plan prepared by an environmental professional consistent with the latest version of "26 Ecological Communities of Florida" published by the Florida Chapter of the Soil and Water Conservation Society and approved by the city development director.

4.

An upland buffer shall be protected by a construction setback of ten feet from the upland buffer boundary. For accessory structures, the setback from an upland buffer shall be a minimum of five feet. Within this setback area, no earthwork, construction or placement of structures shall be permitted.

D.

Greenways between wetlands on development sites of greater than five acres.

1.

The provisions of this subsection apply to developments of greater than five acres.

2.

The upland buffer around wetlands shall be extended to provide a greenway connection between wetlands that are separated by 200 feet or less of native upland habitat. A greenway will be located entirely on the development site and may be required in relation to a wetland on adjacent property.

3.

The area of a greenway is included in the required preserve area.

4.

The location of greenways between wetlands both on the development site and on property adjacent to the development site is illustrated in Figure 2 below.

5.

Up to ten percent of the required parking that would otherwise be located in a greenway may, if approved by the city development director, either be waived or provided on stabilized grass or similar pervious parking surface.

6.

A greenway may be crossed to accommodate roads, utilities or other infrastructure that cannot, as determined by the city development director, be reasonably located elsewhere. The crossing shall be designed to maintain hydrologic and wildlife connections through appropriate structures such as culverts and to otherwise minimize impact upon the greenway.

(Ord. No. 2165-08, § 2, 11-24-08)

In the event an applicant proposes an impact upon a wetland, the applicant shall also propose mitigation to offset the effects of such impact in compliance with the mitigation requirements established by the State of Florida and the Army Corps of Engineers. The city development director may include a disclaimer and/or condition to an issued permit that all other applicable state and federal permits be obtained prior to commencement of the development A permit from the State of Florida shall precede any impact to a wetland.

A.

South Florida Water Management District requirements. Prior to site plan approval, compliance of proposed mitigation with applicable regulations of the State of Florida shall be provided to the city. The city development director may include a disclaimer and/or condition to an issued permit that all other applicable state and federal permits be obtained prior to commencement of the development. A permit from the State of Florida shall precede any impact to a wetland.

B.

Clean Water Act requirements. The proposed mitigation shall comply in all respects with section 404 of the Clean Water Act as amended from time to time. The city development director may include a disclaimer and/or condition to an issued permit that all other applicable state and federal permits be obtained prior to commencement of the development. A final permit from the corps is required before any wetland impacts occur.

C.

Wetland mitigation priorities. If the State of Florida determines that a wetland, or a portion thereof may be mitigated, that mitigation may proceed according to the following geographic priorities:

1.

The first priority shall be mitigation on-site.

2.

The second priority shall be mitigation within the same watershed basin.

3.

The third priority shall be mitigation within watershed basins identified in the conservation element of the city's Comprehensive Plan.

4.

The fourth priority shall be mitigation within watershed basins in Martin County.

5.

The fifth priority shall be mitigation within a mitigation bank whose service area covers the development site.

D.

Other requirements. In those instances where wetland delineation was not conducted using the post-1994 accepted practice for doing so and no permit was required from the State of Florida, impact to a wetland shall be permitted only if the mitigation requirements below are met:

1.

The proposed mitigation will replace the wetland functions and associated values lost as a result of the impact as determined in accordance with the South Florida Water Management District Wetland Rapid Assessment Procedure;

2.

Any crossings of wetlands for access or infrastructure will provide continued hydrologic and wildlife connections through culverts or other appropriate structural means;

3.

The applicant has a sufficient perpetual property interest to ensure completion and perpetual preservation of the mitigation area;

4.

The applicant has provided a long-term monitoring and maintenance plan that will ensure the success of the mitigation according to the maintenance plan;

5.

The applicant provides financial assurance such as a bond or letter of credit to ensure completion, monitoring and maintenance of the mitigation.

(Ord. No. 2165-08, § 2, 11-24-08)

For sites where less than 25 percent of the development site, exclusive of wetlands that are verified to be a "wetland" by the State of Florida, exists as native vegetative areas, all native vegetative areas shall be preserved. For sites where greater than 25 percent of the development site, exclusive of wetlands that are so verified by the State of Florida, exists as native vegetative areas, not less than 25 percent of the development site shall be preserved as a native vegetative area. This area can consist of the upland buffers, greenways, native uplands, wetland areas of less than one-half acre and not verified to be a "wetland" by the State of Florida, habitat of listed species, and habitat of wildlife.

(Ord. No. 1824-02, § 1, 1-28-02; Ord. No. 2165-08, § 2, 11-24-08)

The preserve area shall be set aside in accordance with the following priorities:

A.

Native vegetation preserve area priority criteria.

1.

On development sites where upland buffers for wetlands is required, the first priority for the identification of the native vegetation preserve area shall include the areas of upland buffers and greenways, if any, and then areas of native vegetation.

2.

After the location of the upland buffers for wetlands, the balance of the native vegetation preserve area shall be areas of existing native habitat of listed species. Necessary permits from the U.S. Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission may require a larger native vegetation preserve area and in such event those permit requirements shall apply.

3.

In the event, given the foregoing criteria, the entire native vegetation preserve area required has not been provided for, the balance of the native vegetation preserve area shall be located with reference to the following:

a.

Areas for integration and maintenance of environmental systems; and

b.

Protection of ecotones and diverse habitat types, including the interface of wetlands, uplands and various upland types; and

c.

Preservation of wetlands that are isolated from other wetlands or upland systems and not connected to native habitat.

4.

For sites with no native vegetation, the landscaping requirements of this Code shall be met with native vegetation, however, the side and rear landscape strip shall be 25 feet in depth and planted with native vegetation. The location and type shall be determined by the presence or absence of native vegetation on adjacent property.

B.

Native vegetation preserve area on-site relocation option. Excluding native vegetation included within areas of listed species habitat and upland buffers, the applicant may propose relocation or replanting of native vegetation that would otherwise be preserved, providing that the relocated preserve area be assessed in terms of its value as habitat. The relocated onsite preserve should be of the same or better quality as the area proposed for relocation. On-site preserve areas of a different type may be proposed and allowed at the city's discretion, providing that the area is a native vegetative community that is rare within the city or Martin County. This assessment should be included as a separate section of the environmental assessment report (section 5.02.00); and

On-site relocation criteria:

•

Relocation allows for establishment of native upland habitat contiguous to existing native habitat thus creating larger contiguous tracts of habitat providing greater native habitat function and connectivity with clear benefits for listed species.

•

Relocation of native upland habitat provides clear synergistic benefits to on-site wetlands that are to be preserved, enhanced, or created.

•

The on-site preserve area community should be the same type as the on-site community to be impacted. An environmental assessment should be conducted by a qualified environmental professional (i.e., certified ecologist, certified environmental professional, professional wetland scientist, or other recognized certification) for the on-site areas that:

a.

Indicates the size of the proposed preserve area;

b.

Describes the community type using the Florida Land Use, Cover and Forms Classification System (FLUCCS), including FLUCCs codes for land use in the surrounding vicinity and including an aerial map with FLUCCS overlay;

c.

Provides an inventory of the dominant vegetation;

d.

Indicates the approximate percent cover of exotic vegetation and type;

e.

Lists protected floral and faunal species that could occur and that were observed;

f.

Describes the land use in the surrounding vicinity in relation to the proposed preserve area; and

g.

Describes the conceptual restoration plan (including restoration and management needs), if applicable.

C.

Native vegetation preserve area off-site relocation option. Excluding native vegetation included within areas of listed species habitat and upland buffers, the applicant may propose relocation or replanting of native vegetation that would otherwise be preserved, providing that the relocated preserve area be assessed in terms of its value as habitat. The relocated offsite preserve should be of the same or better quality as the area proposed for relocation. On-site preserve areas of a different type may be proposed and allowed at the city's discretion, providing that the area is a native vegetative community that is rare within the city or Martin County. This assessment should be included as a separate section of the environmental assessment report (section 5.02.00); and

Off-site relocation criteria:

•

The off-site preserve area community should be the same type as the on-site community to be impacted and should be of the same or greater quality. An environmental assessment should be conducted by a qualified environmental professional (i.e., certified ecologist, certified environmental professional, professional wetland scientist, or other recognized certification) for both the on-site and off-site areas that:

a.

Indicates the size of the proposed preserve area;

b.

Describes the community type using the Florida Land Use, Cover and Form Classification System (FLUCCS), including FLUCCs codes for land use in the surrounding vicinity, and including an aerial map with FLUCCS overlay;

c.

Provides an inventory of the dominant vegetation;

d.

Indicates the approximate percent cover of exotic vegetation and type;

e.

Lists protected floral and faunal species that could occur and that were observed;

f.

Describes the land use in the surrounding vicinity in relation to the proposed preserve area; and

g.

Describes the conceptual restoration plan (including restoration and management needs), if applicable:

1.

The native vegetation that would otherwise be preserved on the development site is not the habitat of listed species;

2.

The required upland buffers are provided;

3.

The development site is proposed for non-residential uses or mixed-use;

4.

The location of the off-site preserve area is approved by the city and consistent with adopted environmental management plans;

5.

The preserve area is provided according to one of the following options:

a.

Provision of not less than two acres of off-site preserve area for every one acre of on-site native vegetation preserve area not provided said off-site preserve area being of a superior habitat quality; or

b.

Payment to the city of an amount that is 150 percent of the appraised value of the entire development site that is prorated to apply to the native vegetation preserve area acreage not provided for deposit into a city environmental trust fund for stormwater quality improvements, and for the acquisition, enhancement and maintenance of environmentally sensitive lands, and for environmental education.

(Ord. No. 1824-02, § 1, 1-28-02; Ord. No. 2165-08, § 2, 11-24-08)

In order to ensure that the wetland and upland preserve areas remain a native vegetative area and a functional habitat for wildlife, these areas must be monitored and maintained in their native form. This requirement shall be met both during construction of approved projects as well as throughout the existence of the project and its associated preserve areas.

A.

Preserve area protection plan during construction. The application for site plan approval for a site of greater than one acre shall include a preserve area protection plan the provisions of which shall be implemented prior to construction to prevent encroachment and negative effects upon required preserve areas. The plan shall include the following:

1.

A barricade plan shall indicate the locations and types of barricades that will be employed to prevent encroachment of construction activities into the preserve areas.

2.

An erosion and turbidity control plan shall indicate the locations and types of erosion control that will be employed to prevent runoff of turbid water into the preserve areas.

3.

A schedule for the inspection and maintenance of barricades and erosion controls prior to and during the construction period shall be provided.

4.

A signage and information plan depicting locations and text for signs designating preserve areas shall indicate that the signs will be placed at an interval of one per parcel with perimeter bordering preserve or buffer areas or every 100 feet for perimeter areas that do not include parcels.

(Ord. No. 2539-2025, § 2, 4-16-25)

5.

The preserve areas signs shall include the following statement:

"PRESERVE AREA -

NO DUMPING -

NO TRIMMING - NO MOWING."

BY ORDER OF THE CITY OF STUART

B.

Preserve area vegetative requirements. As a condition of site plan or plat approval for a site of greater than one acre, the proposed development project shall meet the following criteria for preserve areas.

1.

All nuisance and non-native vegetation shall be eradicated within all wetlands and upland preserve areas except as specified in subsection B.3 of this section. Non-native vegetation includes all species on the Florida Exotic Pest Plant Council list as amended from time to time. Nuisance vegetation includes, but is not limited to, cattail, primrose willow and other species designated as nuisance or undesirable by the South Florida Water Management District.

2.

Eradication shall consist of the most ecologically sound combination of mechanical removal, manual removal and herbicide treatment. All vegetative debris generated by the eradication must be disposed of outside the wetland or preserve area.

3.

A limited amount of non-native vegetation may be allowed to remain as a visual and noise buffer as determined by the city development director on a particular site.

C.

Preserve area maintenance. For sites that are greater than one acre, the application for site plan or plat approval shall include a preserve area maintenance plan.

1.

The preserve area maintenance plan shall include the following:

a.

Provision shall be made for annual monitoring of the vegetative cover in the preserve area for the five years after completion of the project.

b.

The vegetative cover data shall be collected in accordance with generally accepted scientific methods, including any occurrence of non-native vegetation or nuisance vegetation. Data shall be documented on a summary monitoring sheet.

c.

Monitoring reports shall include the quantitative vegetation cover data from designated monitoring locations within the preserve area. The vegetative coverage data shall be measured as absolute coverage within an area of approximately 2,500 square feet at each monitoring station.

d.

The vegetation shall be measured in percent coverage of the canopy and understory layer and ground cover. The total percent cover should not exceed 100 percent, and each species documented will be reported in both common and Latin names.

e.

The coverage shall be measured by visual observation in each of four quadrants from the fixed monitoring point. Observations extend approximately 50 feet from the observer in each direction thus covering approximately 2,500 square feet at each station. The data from each quadrant observation is combined to calculate the vegetative coverage. Station locations are to be permanently marked to ensure consistency in data collection.

f.

At least one panoramic photo shall be collected from each of the established monitoring stations to provide documentation of vegetative coverage.

g.

The monitoring report shall include recommendations for maintenance, if necessary.

h.

Provision shall be made for continued eradication of nuisance and non-native vegetation that may occur in the preserve area and for habitat management to continually maintain the type and quality of habitat originally intended for the project.

i.

Provision shall be made for financial assurance for not less than five years that monitoring and maintenance of the preserve area will be conducted per the plan.

2.

The preserve area maintenance plan and provisions shall be included in the deeds and covenants which run with the property.

3.

A preserve area maintenance plan compliance analysis report shall be filed annually with the city for each of the first five years following completion of the project. The report shall detail compliance with the plan, and shall include an update of the specific monitoring criteria as listed above and a description of the effort needed to comply with the plan on an annual basis.

4.

Prior to issuance of a certificate of occupancy for any portion of the development, the developer shall execute a contract with the city whereby the developer and successors in interest to the developer are bound to comply with the plan. Said contract shall be recorded in the public records of Martin County, Florida and shall specifically provide for injunctive relief and specific performance and shall indicate any intended third party beneficiaries.

5.

Violation of a plan shall constitute a violation of this Code enforceable through code enforcement proceedings as well as other available legal and equitable remedies provided by law.

(Ord. No. 2165-08, § 2, 11-24-08)

1.

Certain activities are presumed to have an insignificant adverse effect on the beneficial functions of protected areas established in section 5.04.02. Notwithstanding the prohibition in section 5.03.02., the following activities may be undertaken.

a.

Scenic, historic, wildlife, or scientific preserves.

b.

Minor maintenance or emergency repair to existing structures or improved areas.

c.

Establishment of the Stuart Riverwalk.

(Ord. No. 2165-08, § 2, 11-24-08)

A.

Tree protection information. The following requirements regarding tree protection shall apply to all applications for site plan approval for sites greater than one acre.

1.

A tree location map, as defined in chapter XII, shall be filed with the application for site plan approval. The map shall indicate the approximate locations of all historic trees and all specimen trees on the site. These trees are defined in chapter XII.

2.

Each tree so mapped shall be designated on the tree location map by size in diameter at 4.5 feet above the ground (diameter breast height - DBH) and type. The tree location map shall depict the proposed building and construction areas within the proposed project and how those areas affect the mapped trees.

3.

In the event trees subject to protection in this section will be removed or otherwise impacted directly, or will be filled at the base or otherwise impacted indirectly, a tree survey, as defined in chapter XII, shall be prepared.

B.

Protected tree species and criteria.

1.

Specimen trees as defined in chapter XII.

(Ord. No. 1788-01, § 1, 6-25-01)

2.

Historic trees as defined in chapter XII.

3.

The city tree list follows:

CITY OF STUART TREE LIST

4.

The city flowering tree list follows:

CITY OF STUART FLOWERING TREE LIST

¹ It is recognized that these plant materials are not considered native vegetation materials and do not count towards the native vegetation requirements of this Code.

(Ord. No. 2165-08, § 2, 11-24-08)

A.

Historic trees and specimen trees. Historic trees and specimen trees located within that portion of a development site to be developed shall be protected or replaced in accordance with the following criteria. No historic or specimen trees shall be removed without a tree removal permit, unless:

a.

The tree is located on residential property and an arborist or landscape architect has provided documentation that the tree presents a danger to persons or property; or

b.

The removal is in conjunction with an approved development order where a tree survey was submitted.

B.

If required, a tree removal permit must be issued by the city development department for work undertaken pursuant to this section. Application for such permit shall be on forms prescribed by the city development director. The fee for such permit shall be set by the city manager.

C.

Specimen trees. Unless the specimen tree is located on a residential property where an arborist or landscape architect provides documentation that the tree presents a danger to persons or property, then all practical measures shall be taken to leave specimen trees in place and preserved within development sites.

a.

Specimen trees within parking areas shall be preserved with tree wells or other appropriate measures, if practical. Any parking space requirement that would require the removal of a specimen tree may be waived by the city development director if no fewer than 90 percent of the required parking spaces will be provided. Otherwise, specimen trees shall be relocated within the development site.

b.

Specimen trees within building envelopes or for which there is no practical alternative for preservation shall be relocated within the development site.

c.

Specimen trees, excluding slash pine trees, for which relocation is not possible or is not expected to be successful, shall be replaced with like species within the development site. Replacement trees shall have a combined DBH of two and one-half times the DBH of the trees replaced. The minimum size for replacement trees is four and one-half inches DBH. Determination of the number of replacement trees or contribution to city tree fund shall be calculated in accordance with table 1 below. Replacement trees shall be native to Florida or not documented as an invasive species.

d.

Specimen trees, specifically and only slash pines, for which relocation is not possible or is not expected to be successful, shall be replaced with like species within the development site. Replacement trees shall have a combined DBH of one and one-half times the DBH of the trees replaced. The minimum size for replacement trees is two and one-half inches DBH. Determination of the number of slash pines or contribution to city tree fund shall be calculated in accordance with table 1 below.

e.

When not feasible to replant with like species of slash pine, replacement trees may be substituted with the following trees (or other approved native shade trees) on a 1:1 ratio:

• Alexander Palm.

• Coconut Palm.

• Chinese Fan Palm.

• Date Palm.

• Majesty Palm.

• Royal Palm.

• Christmas Palm.

• Washington Palm.

• Sabal Palmetto.

Shade trees (may count towards canopy coverage calculations):

• American Holly.

• Dahoon Holly.

• Laurel Oak.

• Live Oak.

• Mahogany.

• Red Bay.

• Red Maple.

• Royal Poinciana.

• Slash Pine.

• Southern Magnolia.

• Sweet Bay.

• Sweet Gum.

• Sycamore.

• Variegated Mahoe.

For every one foot of clear trunk of palm tree exceeding minimum palm tree size per section 6.04.02.A.2 and for each additional inch of DBH of canopy or specimen trees of the landscape code, credit will be given for one inch of replacement.

f.

Additional preservation of native habitat beyond that required by section 5.04.00 may be substituted for a proportion of the tree replacement requirements of this section as approved by the city development director. Such preservation is additional to requirements for wetlands and preserve areas and shall include sufficient native trees to meet the DBH replacement requirements in subsection C.c of this section.

g.

Credit towards tree replacement requirements shall be provided for landscaping required by section 6.04.00 only if all required trees are planted at a minimum DBH of four and one-half inches and all required palms are planted at a minimum of 14 feet clear trunk. If required trees or palms, as proposed for a development site in accordance with the landscape code, are planted at minimum landscape code requirements, then no credit is obtainable.

h.

As determined by the city development director, monies may be contributed as part of tree replacement requirements. This tree replacement mitigation, through payment into the city tree replacement fund, shall only provide for a 50 percent mitigation of the required number of trees to be replaced. The city development director shall coordinate the recovery and disbursement of said funds in accordance with the general provisions of this chapter.

i.

Innovative stormwater treatment design which is demonstrated to exceed water quality treatment above that required in section 6.03.00 and South Florida Water Management District best management practice and reduces post-development stormwater pollutant loading of total nitrates and phosphates by 81 or more percent may be substituted for a proportion of the tree replacement fund payment in accordance with table 2 of this section and as approved by the city development director.

j.

Proposals that incorporate low impact development (LID) practices that include, but are not limited to, a combination of sustainable drainage design, preservation of open space above code requirement, bio-swales and pervious pavement may be substituted for a proportion of the tree replacement requirements of this section and as approved by the city development director.

k.

Proposals that demonstrate a tree canopy coverage greater than 30 percent of the site area may qualify for a reduction in a proportion of the city tree replacement fund payment in accordance with the provisions of table 3 of this section and as approved by the city development director. Tree canopy coverage is calculated as the area of shade generated by tree foliage at ground level.

l.

Additional inches required under the tree replacement calculation may be credited through the planting of native understory shrubs that are made in addition to landscaping code requirements and listed here; credit will be at a proportion in accordance with table 4 of this section and as approved by the city development director.

Native shrub and ground cover list:

• Beach Sunflower.

• Blue Eyed Grass.

• Buttonwood.

• Carolina Jessamine.

• Cherry Laurel.

• Cocoplum.

• Coontie.

• Coral Honeysuckle.

• Cordgrass.

• Dwarf Firebush.

• Dwarf Schillings Holly.

• Erect Swordfern.

• Fakahatchee Grass.

• Firebush.

• Florida Privet.

• Gallberry.

• Lantana species.

• Myrsine.

• Periwinkle.

• Pink Muhly.

• Sand Cord Grass.

• Shiny Blueberry.

• Silver Buttonwood.

• Simpson's Stopper.

• Spider Lily.

• Swamp Fern.

• Swamp Lilly.

• Trumpet Honeysuckle.

• Walter's Virburnum.

• Wax Myrtle.

• Wild Allamanda.

m.

Relocated trees that do not survive at least two years shall, in turn, be replaced. A mechanism for financial assurance that relocated, and replacement trees will meet survival criteria shall be provided.

n.

Wherever feasible, tree removal within single family and duplex properties shall substitute replacement trees with like species on a 1:1 ratio.

Table 1: Proposed Formulas for Tree Replacement and Contribution into City Tree Fund

Table 2: Credit for Providing Additional Nitrate and Phosphate Removal

Table 2 Notes:

a.

The value of additional stormwater treatment measures as provided by an engineer's probable cost of construction is multiplied by the pollutant removal factor to provide an equivalent dollar amount, which may only be credited to offset all or part of the required city tree replacement fund.

Table 3: Credit for Providing Additional Tree Canopy

Table 4: Credit for Providing Additional Understory Native Planting

D.

Historic trees. Unless the historic tree is located on a residential property where an arborist or landscape architect provides documentation that the tree presents a danger to persons or property the tree shall be preserved.

a.

A site plan, development permit, or plat application shall indicate the preservation of all historic trees in all areas proposed for development. The site application shall indicate protective measures to ensure the preservation and longevity of all historic trees, such as tree wells, construction barricades or fencing, or relocation.

b.

Any parking space requirement or building envelope which would require the removal of a historic tree may be waived by the city development director if no fewer than 90 percent of the required parking spaces are provided.

In the event no practical alternative exists to locating structures on the site so as to accommodate a historic tree, the applicant for development may submit for major development plan approval or planned unit development (PUD) to consider the removal and replacement of the historic tree. The city commission shall be guided by a consideration of the environmental as well as aesthetic and economic value of the historic tree to be replaced in deciding the appropriate means and manner of its removal and replacement.

c.

Wherever feasible, tree removal within single family and duplex properties shall substitute replacement trees with like species on a 1:1 ratio.

(Ord. No. 1788-01, § 1, 6-25-01; Ord. No. 2165-08, § 2, 11-24-08; Ord. No. 2432-2020, § 1, 4-13-20)

A.

Generally.

1.

To assure the health and survival of protected trees that are not to be removed, the developer shall avoid the following kinds of tree injuries during all development activities:

a.

Mechanical injuries to roots, trunk, and branches;

b.

Injuries by chemical poisoning;

c.

Injuries by grade changes;

d.

Injuries by excavations, fill and;

e.

Injuries by paving.

2.

At a minimum, the protective measures described below shall be taken where appropriate to the development activity. Additional reasonable requirements may be necessary and shall be taken to preserve the health of protected trees in particular circumstances.

B.

Avoiding mechanical injuries.

1.

Prior to any land preparation or other development activities a protective barrier easily visible to equipment operators shall be placed around all protected trees so as to encompass the entire tree protection zone.

2.

No attachment, wires (other than supportive wires), signs or permits may be fastened to any protected tree.

3.

No equipment, construction materials or debris of any kind shall be placed within the protective barrier.

4.

Landscaping activities within the bounds of the protective barrier (before and after it is removed) shall be accomplished with light machinery or manual labor. Grubbing, such as clearing of existing vegetation or similar activities, is prohibited within the protective barrier except for removal of prohibited species. The only activity permitted within protective barriers shall be supplemental landscaping. Supplemental landscape plant material shall be of similar cultural classification as existing vegetation. Temporary irrigation shall be permitted on an as-needed basis until plant establishment.

5.

In lieu of constructing the barriers required above, the developer may physically designate large areas containing protected trees where no land preparation or other development activities of any kind will occur. The area shall be designated by placing stakes a maximum of 25 feet apart and tying ribbon, plastic tape or rope from stake to stake along the outside perimeter of the area. This perimeter line shall be beyond the tree protection zone of any protected trees growing within the area.

6.

Required protective barriers and perimeter lines shall remain in place until all construction activity, except landscaping within the protected area, is terminated.

C.

Avoiding injuries due to chemical poisoning.

1.

No fuel, paint, solvent, oil, thinner, asphalt, cement, grout or any other construction chemical or other material or tools of any kind shall be stored, or allowed in any manner to enter, within a required protective barrier or perimeter line.

2.

No equipment shall be cleaned within a required protective barrier or perimeter line.

D.

Avoiding injuries due to excavations.

1.

Water, sewer, and other utility lines should be routed around the tree protection zones of protected trees.

2.

If a line cannot reasonably be routed around the tree protection zone, the line shall be tunneled beneath the area within the zone. The tunnel shall be offset to one side of the trunk to prevent damage to the main tap roots.

(Ord. No. 2165-08, § 2, 11-24-08)

In the case of emergencies such as hurricanes, windstorms, floods, freezes or other disasters or hazards, the requirements of this section may be waived by the city manager or his/her designee upon a finding that such waiver is necessary so that public or private work to restore order in the community will not be impeded.

(Ord. No. 2165-08, § 2, 11-24-08)

No trees shall be removed from the public right-of-way except under the direction of the city development director and the parks and recreation director. No tree shall be planted in the public right-of-way without authorization from the city.

(Ord. No. 2165-08, § 2, 11-24-08)

Trees and shrubbery shall be trimmed by the city and/or authorized agencies so that there shall be a clear space of eight feet over all sidewalks and ten feet over all streets within the city.

(Ord. No. 2165-08, § 2, 11-24-08)

A.

Establishment of the city tree replacement fund. The city tree replacement fund is created in association with the City of Stuart department of financial services for the purpose of accepting and disbursing payments made to the city as part of tree replacement mitigation and other monies deposited from penalties for tree removal, illegal grading, or illegal clearing. These monies shall be placed in an account and shall be used for funding tree planting and replacement on private or public property within the city, exotic vegetation removal and native habitat enhancement on private or public property within the city, acquisition of land within the city for preservation purposes, matches for habitat management related grants.

B.

Term of existence. The city tree replacement fund account shall be self-perpetuating from year to year unless specifically terminated by the city commission.

C.

Purpose. Funds received shall be utilized for acquiring and planting trees for public purposes within the city or for creating innovative stormwater treatment systems or living shoreline installations within public lands. Acquired trees shall be suitable to the site conditions and listed within the city tree list. Public lands selected for plantings, living shoreline installations or innovative stormwater treatment systems shall be publicly owned or managed lands in public right-of-way.

D.

Source of funds. Fund monies may consist of the following:

1.

All monies collected pursuant to the penalties outlined in section this Code and the Code of Ordinances.

2.

All monies collected as part of tree replacement mitigation allowances.

E.

Fund administration.

1.

Funds shall be expended, utilized and disbursed only for the purposes designated herein.

2.

The fund shall be a separate set of self-balancing accounts established and maintained by the City of Stuart.

3.

Funds shall be managed in accordance with the City's Code of Ordinances as they relate to financial matters.

4.

Monies obtained pursuant to this section may be accepted on behalf of the City of Stuart by the city development director or their designee, and upon receipt shall be delivered to the City of Stuart department of financial services, which shall cause the same to be credited to the trust.

(Ord. No. 1788-01, § 1, 6-25-01; Ord. No. 1966-04, § 2, 1-26-04; Ord. No. 2165-08, § 2, 11-24-08; Ord. No. 2432-2020, § 1, 4-13-20)

A.

A tree removal permit in compliance with Florida Statutes must be issued by the city development department for work undertaken pursuant to this chapter V of this Code.

1.

Failure to obtain a tree removal permit shall be deemed a violation of the code.

B.

Except as otherwise provided in this Code, the removal of any trees without a permit on any parcel of land is a violation subject to the penalties as set forth herein. The owner of the real property as well as any person or entity causing the violation to occur shall be responsible subject to the penalties.

C.

The property owner of the land on which the trees were located or any person and/or entity who removes any tree from any property in violation of this Code shall be subject to the following penalties:

1.

If historic and/or specimen trees are removed without a permit or otherwise in violation of section 5.05.00 of the City's Land Development Code, then a penalty for the replacement of the required diameter at breast height (DBH) inches (as defined in city regulations) shall calculated as set forth below:

a.

First, the number of inches removed based upon the DBH shall be determined.

b.

Once the base amount is determined, the replacement inches shall be calculated pursuant to tree replacement formula set forth in 5.05.02, table 1.

c.

Compliance shall be a combination of restoration and fine based upon three times the number of DBH inches calculated from table 1.

d.

Example. Ten inches removed without permit. Type of trees removed pursuant to table 5.05.02 table 1 would require specimen trees to be replaced at a rate of 1.5. Ten inches require 15 inches as replacement. Then, the penalty is three times the replacement (15 x 3 = 45) resulting in 45 inches. The property owner shall be responsible to replant the 45 inches or pay the balance into the city tree replacement fund.

D.

Remediation:

1.

Prior to a final hearing, the violator shall present a remedial action plan to the development director with the intent to replant sufficient trees to restore the property to an appropriate level.

2.

If the remedial action plan is not approved by the development director, the matter shall be set for a final hearing with the magistrate or city commission as set forth above. However, if the development director approves the remedial action plan, then a consent agreement resolving the matter can be executed by the violator and the development director. Completion of the remedial plan shall resolve the matter without further hearing.

a.

If the development director determines that full restoration onsite is not feasible, the balance shall be paid into the city tree fund within a reasonable amount of time as set forth in the agreement.

b.

Violation of the consent agreement will be treated as a separate matter.

3.

Separate from the administrative variance procedures set forth the city regulations, the development director shall have the discretion to execute an administrative variance amending the landscape plan of a previously approved development. The scope of the variance shall be limited to modifications of the landscape plan only and shall not authorize a modification of the site plan.

4.

Until the property is brought into compliance by consent agreement or pursuant to magistrate or commission order, the development department may withhold the issuance of further development orders on the subject property including, but not limited to, building permits or certificates of occupancy.

(Ord. No. 2478-2022, §§ 1, 2, 3-14-22; Ord. No. 2491-2022, § 1, 6-27-22)

Editor's note— Ord. No. 2491-2022, § 1, adopted June 27, 2022, amended § 5.05.08 and in doing so changed the title of said section from "Tree removal; penalties for violations" to "Penalties," as set out herein.

The function and value of shoreline and mangrove areas have been recognized by the Florida Department of Environmental Protection through its "Mangrove Trimming Rule." This section is intended to permit the city to monitor shoreline and mangrove protection within the city.

(Ord. No. 2165-08, § 2, 11-24-08)

A.

Definition. As used in this chapter, the term "shoreline protection zone" means the land adjacent to the shoreline, including the shoreline, of the St. Lucie River, Poppleton Creek, Frazier Creek, Haney Creek, Krueger Creek, and Willoughby Creek. Except as otherwise provided in section 5.06.02.B.4 of this Code, no development shall be permitted within the shoreline protection zone.

B.

Construction limited.

1.

An application for site plan approval that includes a portion of the St. Lucie River and Poppleton Creek, Frazier Creek, Haney Creek, Krueger Creek and Willoughby Creek shall include a delineation of the shoreline protection zone. The zone shall be established by survey.

2.

Outside the community redevelopment area, the shoreline protection zone for any water body shall be 25 feet from the mean high water line.

3.

Within the community redevelopment area, the shoreline protection zone for any water body shall be ten feet from the mean high water line.

4.

The following types of development shall be permitted:

i.

Docks, marinas or interpretative walks permitted by the State of Florida;

ii.

Stormwater retention areas;

iii.

Landscaping;

iv.

Bulkheads and seawalls which function to protect existing development and are located landward of riverine wetlands and their ecotones;

v.

Riprap; and

vi.

Unpaved, stabilized parking.

5.

Any construction activity proposed within the Zone are subject to the permitting and technical requirements in chapter 10, Building and Building Regulations, article VIII, of the City of Stuart Code of Ordinances, and shall have a valid permit from the South Florida Water Management District or the Florida Department of Environmental Protection.

(Ord. No. 2165-08, § 2, 11-24-08)

The Florida Mangrove Trimming and Preservation Act applies to lands within the city. The city will monitor mangrove alteration projects. Prior to initiating any mangrove trimming or alteration within the city limits, the city development director may include a disclaimer and/or condition to an issued permit that all other applicable state and federal permits be obtained prior to commencement of the development, including, but not limited to, a mangrove trimming permit or mangrove alteration permit from the Florida Department of Environmental Protection.

(Ord. No. 2165-08, § 2, 11-24-08)

The following standards apply to post-development activities taking place within any protected area.

A.

Handling and storage of fuel, hazardous and toxic substances, and wastes.

1.

Developments where fuel or hazardous or toxic substances or wastes will be generated, handled, stored, transferred, or sold shall employ the best available facilities and procedures for the prevention, containment, recovery, and mitigation of spillage of fuel and hazardous or toxic substances or wastes. Facilities and procedures shall be designed to prevent substances or wastes from entering the water or soil, and employ adequate means for prompt and effective clean-up and spills that do occur.

2.

No toxic or hazardous wastes or substances shall be stored in outdoor containers.

3.

Storage or disposal of all types of wastes or substances is prohibited on shorelines.

B.

Prohibited uses. The long-term storage of equipment or materials, and the disposal of wastes shall be prohibited.

C.

Fertilizers, herbicides, or pesticides.

1.

Fertilizers, herbicides, or pesticides shall not be applied in a protected area except for projects conducted under the authority of F.S. §§ 373.451—373.4595, the Surface Water Improvement and Management Act, and governmentally authorized mosquito control programs, or in accordance with chapter 20, article VIII of the city's Code of Ordinances.

2.

Fertilizers, pesticides, and herbicides shall be applied sparingly and at appropriate rates and time intervals in accordance with chapter 20, article VIII of the city's Code of Ordinances.

D.

Spray vehicles. Vehicles used for mixing or spraying chemicals are prohibited from withdrawing water directly from waters in protected areas.

E.

Pump-out, holding, and treatment facilities for wastes from mobile sources. Sewage, solid waste, and petroleum waste generated by vessels or vehicles on the site shall be properly collected and disposed of.

(Ord. No. 2165-08, § 2, 11-24-08)

These regulations shall be known as the "Floodplain Management Ordinance of Stuart," hereinafter referred to as "this ordinance."

The provisions of this ordinance shall apply to all development that is wholly within or partially within any flood hazard area, including, but not limited to, the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development.

The purposes of this ordinance and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to:

(1)

Minimize unnecessary disruption of commerce, access and public service during times of flooding;

(2)

Require the use of appropriate construction practices in order to prevent or minimize future flood damage;

(3)

Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential;

(4)

Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain;

(5)

Minimize damage to public and private facilities and utilities;

(6)

Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;

(7)

Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and

(8)

Meet the requirements of the National Flood Insurance Program for community participation as set forth in the 44 CFR 59.22.

This ordinance is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code.

The degree of flood protection required by this ordinance and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of 44 CFR 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this ordinance.

This ordinance shall not create liability on the part of the Stuart commission or by any officer or employee thereof for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made thereunder.

Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

This ordinance shall apply to all flood hazard areas within Stuart, as established in section 5.07.02.B. of this ordinance.

The Flood Insurance Study for Martin County, Florida and Incorporated Areas dated March 16, 2015, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the City of Stuart, 121 S.W. Flagler Avenue, Stuart, FL 34994.

To establish flood hazard areas and base flood elevations, pursuant to section 5.07.05 of this ordinance the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations:

(1)

Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this ordinance and, as applicable, the requirements of the Florida Building Code.

(2)

Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the special flood hazard area.

The provisions of this ordinance shall not be deemed to nullify any provisions of local, state or federal law.

This ordinance supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances, including, but not limited to, land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this ordinance and any other ordinance, the more restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this ordinance.

In the interpretation and application of this ordinance, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

The public works director is designated as the floodplain administrator. The floodplain administrator may delegate performance of certain duties to other employees.

The floodplain administrator is authorized and directed to administer and enforce the provisions of this ordinance. The floodplain administrator shall have the authority to render interpretations of this ordinance consistent with the intent and purpose of this ordinance and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this ordinance without the granting of a variance pursuant to section 5.07.07 of this ordinance.

The floodplain administrator, in coordination with other pertinent offices of the community, shall:

(1)

Review applications and plans to determine whether proposed new development will be located in flood hazard areas;

(2)

Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this ordinance;

(3)

Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation;

(4)

Provide available flood elevation and flood hazard information;

(5)

Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant;

(6)

Review applications to determine whether proposed development will be reasonably safe from flooding;

(7)

Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this ordinance is demonstrated, or disapprove the same in the event of noncompliance; and

(8)

Coordinate with and provide comments to the building official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this ordinance.

For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:

(1)

Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

(2)

Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;

(3)

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and

(4)

Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this ordinance is required.

The floodplain administrator shall review requests submitted to the building official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to section 5.07.07 of this ordinance.

The floodplain administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this ordinance.

The floodplain administrator shall make the required inspections as specified in section 5.07.06 of this ordinance for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit.

The floodplain administrator shall have other duties, including, but not limited to:

(1)

Establish, in coordination with the building official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to section 5.07.03.D. of this ordinance;

(2)

Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA);

(3)

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available;

(4)

Review required design certifications and documentation of elevations specified by this ordinance and the Florida Building Code and this ordinance to determine that such certifications and documentations are complete;

(5)

Notify the Federal Emergency Management Agency when the corporate boundaries of Stuart are modified; and

(6)

Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on flood insurance rate maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas."

Regardless of any limitation on the period required for retention of public records, the floodplain administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, including flood insurance rate maps; letters of change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this ordinance; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at City of Stuart, 121 S.W. Flagler Avenue, Stuart, FL 34994.

Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this ordinance, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the floodplain administrator, and the building official, if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this ordinance and all other applicable codes and regulations has been satisfied.

Floodplain development permits or approvals shall be issued pursuant to this ordinance for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the floodplain administrator may determine that a floodplain development permit or approval is required in addition to a building permit.