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ORDINANCE NO. 14-019
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
AMENDING LAND DEVELOPMENT CODE SECTION 6.02.02
"SHORELINE PROTECTION" TO PROVIDE FOR A VARIANCE
FROM THE COUNTY'S SHORELINE PROTECTION
STANDARDS AND REGULATIONS PERTAINING TO THE ST.
LUCIE RIVER SHORELINES ZONE B REQUIREMENTS;
AMENDING LAND DEVELOPMENT CODE SECTION 10.01.30
CLARIFYING APPLICATION TIMEFRAMES; PROVIDING FOR
CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
ADOPTION AND PROVIDING FOR CODIFICATION
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WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. On August 1, 1990, the Board of County Commissioners of St. Lucie County,
Florida, adopted the St. Lucie County Land Development Code.
2. The proposed amendments to the St. Lucie County Land Development Code are
consistent with the general purpose, goals, objectives and standards of the St.
Lucie County Comprehensive Plan and are in the best interest of the health safety
and public welfare of the citizens of St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida:
PART A
THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE
TO READ AS FOLLOWS:
3s 6.02.02. Riverine Shoreline Protection
39
4o A. Purpose and Intent
41
42 ~ The Board of County Commissioners recognizes that shorelines and adjacent upland
43 areas along water bodies such as the Indian River Lagoon, St. Lucie River and its
44 tributaries are valuable natural resources in need of protection. Shorelines and
45 associated uplands provide riparian and aquatic habitat, aesthetic value, filter
46 pollutants from storm water, prevent erosion and protect water quality. The purpose
47 and intent of this section is to protect the function and values of shorelines and
48 adjacent uplands by the establishment of shoreline buffers and regulations.
49
so B~. St. Lucie River Shorelines
Page ] of 12
1. Applicability
Shorelines adjacent to the St. Lucie River and associated natural creeks,
tributaries, riparian wetlands and oxbows, as described below, are subject to the
regulations contained herein.
a. The North Fork of the St. Lucie River in unincorporated St. Lucie County
from the Martin County Line north to the confluence with Five and Ten
Mile Creeks; and
b. Five Mile Creek in unincorporated St. Lucie County from the confluence of
the North Fork of the St. Lucie River northwest to Edwards Road; and
c. Ten Mile Creek in unincorporated St. Lucie County from the confluence of
the North Fork of the St. Lucie River northwest to McCarty Road.
2. Shoreline Buffer Requirements
Development Regulations. Two (2) zones are hereby created. The boundaries of
the zones and the restrictions applying to these zones are as follows:
a. Zone A and Zone B Buffer Areas
Each Buffer Area shall be measured as follows:
1) Downstream of the Gordy Road structure; the area measured from
the mean high water line (MHWL) landward;
2) Upstream of Gordy Road structure; the area measured from the
ordinary high water line (OHWL) landward, or
31 3) Adjacent riparian wetlands; the area measured from the landward
32 boundary of Waters of the State, as defined by the Florida
33 Department of Environmental Protection or South Florida Water
34 Management District, whichever is greater, landward.
3s b. Buffer Widths
36 1) Zone A
37 i. Fifty (50) feet for platted lots of record prior to, and on
3s August 1, 1989; and
39 ii. Seventy-five (75) feet for platted lots of record after August
ao 1, 1989 and unplatted lots.
41 2) Zone B
Page 2 of 12
~ The buffer width for Zone B shall be three hundred (300) feet for all
2 platted lots of record and unplatted lots.
3 ~ c. Buffer Regulations
4 1) Zone A
s i. Activities permitted in Zone A include the removal of non-
6 native vegetation and/or the minimum alteration of native
~ vegetation associated with the construction of a permitted
s private access point or dock. An access path shall not
9 exceed twenty (20) feet in width.
~o ii. Activities prohibited in Zone A include any construction,
~ 1 development activities, motorized vehicles, and shoreline
t2 alteration, unless authorized by a variance granted in
~3 accordance with Section 10.01.30 of the St. Lucie County
~4 Land Development Code.
~s iii. Zone A shall be preserved or planted with native vegetation
~6 as approved by the Environmental Resources Director, or
t~ designee. If native vegetation does not exist within all, or a
~ s portion of Zone A the buffer shall be planted with native
19 vegetation. Shoreline replanting shall be in accordance with
20 the minimum planting requirements in Section 6.02.02.E.
2 ~ 2) Zone B
22 The following Aactivities are prohibited in Zone B e unless
23 authorized by a variance aranted in accordance with Section
24 10.01.30 of the St. Lucie County Land Development Code:
2s
26 i. Development activity that does not comply with St. Lucie
27 County's flood damage prevention regulations (Section
2s 6.05.00 of the St. Lucie County Land Development Code);
29 ii. Public or private road rights-of-way (except for individual
3o driveways and/or canal maintenance easements);
3 ~ iii. Retention ponds or stormwater systems other than a berm
32 and/or swale for the purpose of preventing sheet flow into
3; the water body as approved by the Environmental
34 Resources Director (except for lawfully permitted drainage
3s ~ conveyance outtalls);
;6 iv. New septic systems;
;~ v. Wastewater lift stations;
Page 3 of 12
vi. Petroleum, chemical, fertilizer or manure storage areas.
2
SHORELINE BUFFER/LITTORAL ZONE CROSS SECTION (not to scale)
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Zone A Y
Vegetated Buffer Zone
(50 or 75 feet)
Y
Zone 8-300 feet
C. Indian River Lagoon Shorelines
1. Applicability
.l
Seawall with Riprap/Littoral
Shorelines of any lot of record platted after August 1, 1989 adjacent to the Indian
River Lagoon and associated natural creeks, tributaries, riparian wetlands and
oxbows, including Taylor Creek between the submerged weir east of Rosarita
Avenue northwest to the Fort Pierce Farms Water Control District Structure No.
1, are subject to the regulations contained herein.
2. Shoreline Buffer Requirements
a. Buffer Area
The Buffer Area shall be measured as follows:
1) The area measured from the mean high water line (MHWL)
landward;
2) Adjacent riparian wetlands; the area measured from the landward
boundary of Waters of the State, as defined by the Florida
Department of Environmental Protection or South Florida Water
Management District, whichever is greater, landward.
24 b. Buffer Widths
Page 4 of 12
t The Indian River Lagoon Shoreline Buffer shall measure fifty (50) feet,
2 unless physically impossible as in the case of Indian River Drive occurring
3 within fifty (50) feet of the MHWL.
4 c. Buffer Regulations
s 1) Activities permitted in the Buffer include the removal of non-native
6 vegetation and/or the alteration of native vegetation associated with
~ the construction of a permitted private access point or dock.
s 2) Activities prohibited in the Buffer include any construction,
9 development activities, motorized vehicles, and shoreline alteration,
to unless authorized by a variance granted in accordance with Section
11 10.01.30 of the St. Lucie County Land Development Code.
12 3) The Buffer shall be preserved or planted with native vegetation as
13 approved by the Environmental Resources Director, or designee. If
14 native vegetation does not exist within all, or a portion of, the Indian
is River Lagoon Shoreline Buffer, the buffer shall be planted with
16 native vegetation. Shoreline replanting shall be in accordance with
17 the minimum planting requirements in Section 6.02.02.E.
is D. Hardened/Armored Shorelines
19
20 1. New Construction
21 Installation of any new shoreline hardening or armoring in waterways as
22 defined by Section 6.02.02(8) and Section 6.02.02(C) shall only be
23 permitted when a Variance has been granted per Section 10.01.30.
24
2s In the absence of design criteria provided by the appropriate jurisdictional
26 agency, the structure shall be constructed as follows:
27
2s a. Seawalls shall include riprap installed at a minimum 2H:1V slope and
29 to the mean high water line (MHWL), ordinary high water line (OHWL),
30 or four feet (4) above the bottom of the seawall, whichever is higher;
31 unless otherwise certified by a Professional Engineer (P.E.). The riprap
32 shall be planted with native vegetation at elevations as determined by
33 the Environmental Resources Director, or designee.
34 b. Hardened shorelines other than a seawall, shall include riprap installed
35 at a minimum 2H:1V slope, to the mean high water line (MHWL),
36 ordinary high water line (OHWL); unless otherwise certified by a
37 Professional Engineer (P.E.). The riprap shall be planted with native
3s vegetation as detailed in D. 3. below.
39 c. New construction projects are required to meet the shoreline buffer
4o requirements as outlined in Sections 6.02.02 (B), (C), and (D).
Page 5 of 12
2. Replacement Construction
2 Replacement of existing seawalls or other hardened shoreline armoring in
3 waterways as defined by Section 6.02.02(8) and Section 6.02.02(C) shall
4 be permitted only if no impacts to mangrove or seagrass are proposed
s unless authorized by a variance aranted in accordance with Section
6 10.01.30 of the St. Lucie Countv Land Development Code. New structures
~ shall be constructed using the design criteria in D.1.a. and b. above or to
s the design criteria required by a state and/or federal jurisdictional agency.
9 Replacement construction projects are required to meet the shoreline
to buffer requirements as outlined in Sections 6.02.02 (B), (C), and (D).
3. Littoral Zone Planting Requirement
12 A minimum five (5) foot wide littoral zone is required and shall be planted
13 with native aquatic vegetation as required in Section 6.02.02(6) and
14 Section 6.02.02(C) unless otherwise approved by the Environmental
is Resources Director.
16
t~ 4. Water Control Structure Maintenance
is Nothing in this section shall be construed to inhibit the revetment
19 installation or maintenance, repair, or restoration of existing revetment
20 around structures installed and maintained for the purpose of water
21 control. All repair and restoration work shall implement appropriate best
22 management practices to ensure that State water quality standards are
23 met.
24
2s E. Minimum Planting Requirements
26
27 1. One (1) 25-gallon tree species per nine hundred (900) square feet of
2s buffer; and
29 2. One (1) 3-gallon shrub species per one hundred (100) square feet of
3o buffer; and
31 3. One (1) 1-gallon groundcover species per nine (9) square feet of buffer;
32 and
33 4. One (1) bare root or liner grass or herbaceous species per four (4) square
34 feet of buffer shall be planted.
35 5. Where appropriate, the buffer shall include plants that are tolerant to
36 inundation as a measure to minimize bank erosion and improve water
37 quality.
3a 6. Planting requirements shall not interfere with maintenance activities
39 encumbered by a maintenance easement which has been granted by any
Page 6 of 12
1 governmental agency, including all 298 Districts including North St. Lucie
2 River Water Control District and the Fort Pierce Farms Water Control
3 DIStrICt.
a F. Preserve Area Management Plan
5
6 A Preserve Area Management Plan is required for shorelines that are impacted as
~ part of a development permit. The Preserve Area Management Plan shall detail
s management of the Shoreline Buffer including native plant replanting, exotic
9 removal, allowable uses, etc. The Preserve Area Management Plan shall be
to submitted at the time of application and approved by the Environmental Resources
11 Director, or designee prior to issuance of a Vegetation Removal Permit.
12
13 G. Exemptions
14
]s The following activities are exempt from the Shoreline Protection Regulations in
16 Section 6.02.02, with conditions:
1~
]s 1. Existing lots of record as of August 1, 1989, adjoining the Indian River and its
19 tributaries.
zo 2. Activities conducted by 298 Water Control Districts (including Fort Pierce Farms
21 Water Control District and North St. Lucie River Water Control District). Removal
22 of native vegetation which is necessary for the construction of utilities including
23 roads, streets, culverts, bridges, canals, ditches control structures, and utilities
24 excluding staging areas and with the following conditions:
2s ~ a. Any disturbed area shall be restored to existing grade where feasible and
26 planted with native vegetation within ninety (90) days of completion of
27 construction.
2s b. The shoreline shall be replanted according to the minimum planting
29 requirements in Section 6.02.02.E within ninety (90) days of completion of
3o construction.
31
32 H. Violations
33
34 1. Activities within the shoreline buffer not in compliance with the requirements of
35 this section will be issued a Notice of Violation and/or Stop Work Order by The
36 Environmental Resources Department or Code Enforcement requiring the
37 cessation of all work. The Notice of Violation and/or Stop Work Order shall be
3s served to any person performing work and a copy of the Order shall be posted
39 upon the property visible from the street. A copy of the Notice of Violation and/or
4o Stop Work Order shall also be sent by Certified Mail, return receipt requested, to
41 the address of the owner listed on the rolls of the St. Lucie County Property
42 Appraiser. Posting of the notice on the subject property shall be prima facie
Page 7 of 12
1 evidence of the notice to owner.
2
3 2. In the event that the violation is not corrected within ninety (90) days from the
a date of Notice of Violation and/or Stop Work Order, the County may pursue code
s enforcement action following Sections 1-2-22 through 1-2-25 of the St. Lucie
6 County Code of Ordinances. The Environmental Resources Director may
~ recommend restoration of the buffer at the County's expense and the cost of
8 restoration including the cost of plants, transportation, staff time, installation and
9 maintenance, shall become a lien upon the property.
]o
CHAPTER X
12 REQUEST FOR VARIANCE
13
]a 10.01.30. - Request for a Variances from Riverine Shoreline Protection
]s Regulations.
16
1~ A. REQUEST FOR VARIANCE
]s 1. Purpose and Intent
t9 The purpose and intent of this section is to define the procedures and standards
20 for granting a Variance from Riverine Shoreline Protection Regulations in Section
z] 6.02.02.
22 2. Procedures
23 a. A Request for Variance shall be submitted by the applicant in
2a writing to the Environmental Resources Director, or designee, in a
2s form approved by the Environmental Resources Director and
26 accompanied by anon-refundable fee, as established by the Board
z~ of County Commissioners. The Request for Variance shall include
28 documentation of how the project qualifies for a Variance.
29 b. Within twenty (20) business davs after an application has been
3o submitted, the Environmental Resources Director shall determine
31 whether the application is complete. If the Director determines that
32 the application is not complete, the applicant will be notified in
33 writing via certified mail of the application's deficiencies. The
34 Director shall take no further action on the application unless the
3s deficiencies are remedied.
36 ~.c. Within twenty (20) w~+ag-business days of the date the
37 application the Environmental Resources Department shall provide
38 notification by mail to all property owners who own real property
39 directly affected by the proposed action and whose address is
ao known by reference to the latest approved ad valorem tax roll, and
Page 8 of 12
~ to all property owners who own real property within five hundred
2 (500) feet of the property directly affected by the proposed action
3 whose address is known by reference to the latest ad valorem tax
a rolls. Notices shall be assigned a specific return date, not less
s than ten (10) calendar days from the date .the notice was mailed, in
6 order to be entered into the record for consideration in the Variance
~ Decision.
s s.d. Within forty (40) wedEir~g-business days of the date the application
9 is determined complete, Environmental Resources Department
~o staff and Public Works Department staff shall review and provide
> > findings and a recommendation of approval, approval with
12 conditions, or denial of the application to the Environmental
t3 Resources Director and the Public Works Director. The
~4 recommendation will be based on whether the project meets the
~s Standards for Issuance of a Variance from Riverine Protection
t6 Regulations (Section 10.01.30.8) and other applicable Land
Development Code requirements or Comprehensive Plan policies.
is d-e. The Environmental Resources Director and the Public Works
~9 Director shall consider the application, findings, staff
20 recommendation and any other information provided by the
21 applicant, public and other interested parties. Within ten (10)
22 working days after receipt of the recommendation from staff the
23 Environmental Resources Director and the Public Works Director
2a shall approve, approve with conditions, or deny the Variance
2s Request.
26
27 B. CRITERIA FOR GRANTING A VARIANCE FROM RIVERINE SHORELINE
28 PROTECTION REGULATIONS
29 1. Standards of Review
3o A Variance from the Riverine Shoreline Protection Regulations in Section
3~ 6.02.02 may be granted if the applicant demonstrates to the satisfaction of the
32 Environmental Resources Director that the project meets the following
3~ criteria:
34 a. Unnecessary Hardship
~s Denial of the Variance Request would result in a hardship for the
36 applicant (versus a mere inconvenience) such as, but not limited to,
3~ severe property loss or damage and unsafe conditions.
3s b. Circumstances Beyond Control of Applicant
Page 9 of 1 Z
1 The conditions warranting a Variance were created by
2 circumstances, and/or actions beyond the applicant's control.
3 c. No Adverse Impact to Adjacent Shorelines
4 Granting the Variance will not adversely affect adjacent shorelines
s or injure other property or improvements in the immediate vicinity.
6 This standard of review is based on physical findings and fact.
~ Facts provided by other interested parties and the public will be
s given equal consideration.
9 d. No Water Quality Impacts
to Granting the Variance will not adversely affect water quality or
11 contribute to erosion or siltation of the adjacent waterbody and
12 shorelines.
13 e. Minimum Necessary
14 The project is the minimum necessary for reasonable protection
is and/or use of the land, building or structures.
16 f. Achieves the General Intent and Purpose of the Land Development
17 Code and Goals, Objectives and Policies in the Comprehensive
is Plan.
t9 2. Conditions of Approval for Granting a Variance
20 When granting a Variance Request, the Environmental Resources Director,
21 and the Public Works Director or designees, may impose conditions,
z2 including, but not limited to, limitations on areal extent and scope of the
23 project, restricted use, planting requirements, conservation of additional
2a shoreline buffer and erosion control, etc. which meet the intent and purposes
zs of the Land Development Code and the Goals, Objectives and Policies of the
26 St. Lucie County Comprehensive Plan.
27 C. EXPIRATION AND EXTENSION
28 1. Expiration
29 Variances shall be valid for one (1) year from date of issuance, unless a
3o Building Permit is issued.
31 2. Extension
32 Applications for a time extension must be made in writing to the
33 Environmental Resources Director a minimum of thirty (30) calendar days
Page 10 of 12
~ prior to expiration of the Variance. Variances may only be extended one
2 (1) time for a maximum of twelve (12) months.
3 D. AMENDMENT
a A Variance from Riverine Shoreline Protection Regulations may be amended,
s extended, or modified only in accordance with the procedures established for its
6 original approval.
~ E. APPEAL
s Any party aggrieved by a decision may appeal such decision to the Board of
9 Adjustment pursuant to Section 11.11.01 of this Code.
~o
]1 PART B. CONFLICTING PROVISIONS.
i2 Special acts of the Florida legislature applicable only to unincorporated areas
13 of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County
14 ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this
is ordinance are hereby superseded by this ordinance to the extent of such conflict.
l6 PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be
18 unconstitutional, inoperative, or void, such holding shall not affect the remaining
~9 portions of this ordinance. If this ordinance or any provision thereof shall be held
20 to be inapplicable to any person, property, or circumstance, such holding shall not
21 affect its applicability to any other person, property, or circumstance.
22 PART D. FILING WITH THE DEPARTMENT OF STATE.
23 The Clerk is hereby directed forthwith to send a certified copy of this
2a ordinance to the Bureau of Administrative Code and Laws, Department of State,
2s The Capitol, Tallahassee, Florida 32304.
26 PART E. EFFECTIVE DATE.
27 This ordinance shall be effective upon being filed with the Office of Secretary
2s of State.
29 PART F. ADOPTION.
3o After motion and second, the vote on this ordinance was as follows:
31 Chair Frannie Hutchinson AYE
32 Vice Chair Paula Lewis AYE
Page 1 1 of 12
• 1 Commissioner Chris Dzadovsky AYE
2 Commissioner Tod Mowery AYE
3 Commissioner Kim Johnson AYE
4 PART G. CODIFICATION.
s Provisions of this ordinance shall be incorporated in the St. Lucie County
6 Land Development Code and the word "ordinance" may be changed to "section",
~ "article", or other appropriate word, and the sections of this ordinance may be
8 renumbered or relettered to accomplish such intention; provided, however, that
9 parts B through H shall not be codified.
to PASSED AND DULY ENACTED this 16t'' day of September, 2014.
11 BOARD OF COUNTY COMMISSIONERS
12 ATT ST. LOCI OUNTY, F O IDA
13
is ~ Deputy Clerk Chair ~
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APPROVE S TO FORM AND
CORRECTNE S:
BY:
County Attor ey
Page 12 of 12
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FLORIDA DEPARTMENT 0~ STATE
RICK SCOTT
Governor
KEN DETZNER
Secretary of State
October 9, 2014
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
G3C~C~C~~IL~D
OCT 0 9 2014
COUNTY ATTORNEY
Attention: Ms. Sue Korunow
Dear Mr. Smith:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 14-019, which was filed in this office on October 9,
2014.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
.~ w w.dos.state.fl.us
32399-0250