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HomeMy WebLinkAboutEC 86-02t L. BEFORE THE BOARD OF COUNTY COMMISSIONERS SITTING AS THE ENVIRONMENTAL CONTROL BOARD ST. LUCIE COUNTY, FLORIDA ORDINANCE NUMBER EC-86-02 AN ORDINANCE AMENDING CHAPTER 1-7.6, CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA BY CREATING REGULATIONS FOR THE PROTECTION OF SEA TURTLES IN ST. LUCIE COUNTY; PROVIDING FOR TITLE, AUTHORITY FOR ENACTMENT, PURPOSE ANO INTENT, ANO DEFINITIONS; PROVIDING FOR MANAGEMENT COORDINATION, PROVIDING FOR GENERAL PROHIBITIONS; PROVIDING FOR A SEA TURTLE PROTECTION PLAN AND APPLICATION PROCEDURES; PROVIDING FOR GENERAL STANDARDS; PROVIDING FOR SPECIFIC STANDARDS FOR SITE DEVELOPMENT, ANO NEW ANO EXISTING BEACHFRONT LIGHTING; PROVIDING FOR SPECIAL LIGHTING RESTRICTIONS DURING THE NESTING SEASON; PROVIDING FOR SPECIFIC STANDARDS FOR NEW AND EXISTING BEACH ACCESS POINTS, BEACH-DUNE PRESERVATION, STABILIZATION ANO RESTORATION PROJECTS, AND MECHANICAL BEACH CLEANING; PROVIDING FOR ENFORCEMENT ANO PENALTIES, FEES, LOCAL APPROVALS NOT EXCLUSIVE, ANO CONFLICTS; PROVIDING FOR SEVERABILITY, APPLICABILITY, FILING WITH THE. DEPARTMENT OF STATE, FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS, EFFECTIVE DATE, AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida is authorized by Chapter 125, Florida Statutes, to adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; WHEREAS, the Board of County Commissioners has determined that it is necessary to implement policies of the St. Lucie County Growth Management Plan by providing guidelines and standards which minimize interference with the natural use of the beach for nesting and breeding by sea turtles, and which minimize potentially adverse impacts from beachfront lighting upon the behavioral patterns of nesting or hatching by sea turtles; WHEREAS, three species of sea turtles currently nest onthe beaches of St. Lucie County, Florida, and are protected by the United States Government under the Endangered Species Act of 1973; WHEREAS, the Coastal Zone Management Act (CZMA) of 1972 encourages the conservation of coastal resources, including the conservation, protection, and propagation of all species of wild fauna and flora actually or potentially in danger of becoming extinct. 1 ~~~526 P~~2Q84 • • WHEREAS, Chapter 370.12, Florida Statutes, has protected marine turtles, their nests and eggs since 1953; WHEREAS, Chapter 163.3177(8) Florida Statutes, requires that Florida coastal counties prepare a Comprehensive Plan Coastal Management Element and set forth policies and implementation programs assuring the continued existence of viable populations of all species of marine life; WHEREAS, the Hutchinson Island Resource Planning and Management Plan, adopted October 6, 1983 by the Hutchinson Island Committee, recommends that "no activity shall be allowed that results in the alteration, degradation or destruction of" sea turtle Habitats; WHEREAS, the Hutchinson Island Resource Planning and Management Plan recommends specific policies for mechanical beach cleaning and coastal construction to protect sea turtles and their habitat. WHEREAS, the Board of County Commissioners commissioned a study of issues confronting sea turtle protection and recommendations for the protection of sea turtles in St. Lucie County; WHEREAS, the Board of County Commissioners desires to enact sea turtle protection regulations pursuant to the authority contained in Section 125.01, 163.3178, and 163.3194(1)(b), Florida Statutes, and other applicable law; and WHEREAS, the St. Lucie County Environmental Control Board has been established and delegated powers to enforce state and local environmental control laws, ordinances and Administrative rules pursuant to Chapter 83-511, Laws of Florida, and pursuant to Chapter 1-7.6, St. Lucie Code of Laws and Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SITTING AS THE ST. LUCIE COUNTY ENVIRONMENTAL CONTROL BOARD, THAT: PART ONE: The following shall be added to Chapter 1-7.6, Environmental Control of the Code of Ordinances of St. Lucie County, Florida: 2 BK~~~6 P~~~QB'~ • • ARTICLE III SEA TURTLE PROTECTION SECTION 1-7.6-50 TITLE This article shall be known as the "St. Lucie County Sea Turtle Protection Ordinance". SECTION 1-7.6-51 AUTHORITY FOR ENACTMENT This article is enacted pursuant to the authority vested in the Board of County Commissioners by virtue of Article 8, Section 1 of the Co 3161 etlseq FloridatStatutes1oandaCnaptero83 511olLaws Section 163 of Florida. SECTION 1-7.6-52 PURPOSE AND INTENT. Tne purpose of this article, recognizing the unique characteristics of the sea turtle, particularly its nesting cycle, is to prevent and reduce the Hazards impacting sea turtles from uncontrolled construction activity, beacnfront lighting, beach access, beach-dune preservation, stabilization and restoration activities, mechanical beach cleaning, and other coastal activities. It is the intent of this article to assist in implementing Federal and State laws regarding the protection of sea turtles, to implement the recommendations of the Hutchinson Island Resource Planning and Management Plan, the analysis entitled "Issues Confronting Sea Turtle Protection in St. Lucie County", and the St. Lucie County Growth Management Policy Plan, and to provide a management framework for sea turtle protection. SECTION 1-7.6-53 DEFINITIONS. For the purpose of this article, the following terms shall mean: (1) "Artificial light source(s)" shall mean any source of light emanating from a man-made device, including but not limited to, incandescent mercury vapor, metal Halide or sodium lamps, spotlights, street lights, vehicular lights, construction or 3 BK~~~6 P~~~Q©`'~ • • security lights. (2) "Beach access point" shall mean any path through or over the dune used by the general public or private property owners for the purpose of gaining access to the beach. (3) "Beach" shall mean the zone of unconsolidated material that extends landward from the mean low water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetaion (usually the effective limit of storm waves), as is defined in Chapter 168-33, Florida Administrative Code. (4) "Board" shall mean the Board of County Commissioners of St. Lucie County, sitting as the Environmental Control Board. (5) "Building Division" shall mean the Building Division of the Office of the Community Development Director of St. Lucie County. (6) "Coastal construction" shall mean the carrying out of any activity within jurisdictional boundaries to modify or improve site conditions including, but not limited to, building, clearing, filling, excavation, grading, or planting of vegetation, or the making of any material change in the size or use of any structure or the appearance of site conditions, or the placement of equipment or material upon such sites. (7) "County" shall mean St. Lucie County. (8) "Community Development Director" shall mean the Office of the Community Development Director of St. Lucie County. (9) "Dune" shall mean a mound or ridge of loose sediments, lying landward of the beach and deposited by any natural or artificial mechanism. (10) "Dune profile" shall mean the cross-sectional configuration of the dune. (11) "Ground-level barrier" shall mean any natural or artificial structure rising above the ground which prevents beachfront lighting from shining directly onto the beach-dune system. (12) "Hatchling" shall mean any specimen of sea turtle, within or outside of a nest, which has recently Hatched from an egg. (13) "Jurisdictional boundaries" shall mean the area 4 BK~S~6 ~~~~US7 ..~ • • between State Road AlA and the Atlantic Ocean or, between the Coastal Construction Control Line, established pursuant to Chapter 161.053, Florida Statutes, and the Atlantic Ocean, whichever is greater. (14) "Nest" shall mean any place in which sea turtle eggs are naturally deposited or relocated beneath the sediments of the beach-dune system. (15) "Nesting season" shall mean the period from May 1 through October 31 of each year. (16) "Permitted agent of the State" shall mean any qualified individual, group or organization possessing a permit from DNR to conduct activities related to sea turtle protection and conservation. (17) "Person" shall mean any individual, firm, association, joint venture, partnership, estate, trust, corporation, group, state officer, or unit of federal, state, county, or municipal government, and all other associations and combinations, whether public or private. (18) "Planning Division" shall mean the Planning Division of the Office of the Community Development Director of St. Lucie County. (19) "Primary dune" shall mean that portion of the dune system containing the highest point of elevation (crest). (20) "Sea turtle(s)" shall mean any specimen belonging to the species Caretta caretta (loggerhead turtle), Chelonia mydas (green turtle, Dermochelys coriacea (leatherback turtles or any other marine turtle using St. Lucie County beaches as a nesting habitat. (21) "State" shall mean the State of Florida. (22) "Tinted glass" shall mean any window which has: (a) a shading coefficient (the percent of incident radiation passing through a window) of .45 or less. (b) a minimum five year warranty. (c) performance claims which are supported by approved testing procedures and documentation. 5 ~~~526 P~6E2~88 • • SECTION 1-7.6-54 MANAGEMENT COORDINATION The Planning Division, under the direction of the Community Development Director, shall be responsible for coordinating intea- and inter-governmental activities and for establishing administrative policies germane to the effective and timely implementation of conditions set out in this article. (1) Coordination with Building Division. The Planning ----------- ---- ----- -------- Division shall, in consultation with the Building Division, develop a process whereby upon adoption of this article: (a) A person submitting a site plan and/or building plan for coastal construction within jurisdictional boundaries is made aware of all instructions, requirements, and guidelines contained herein by inclusion or reference. (b) Checkoff procedures are established to ensure that coastal construction within jurisdictional boundaries is not approved as part of a site plan and/or building plan prior to approval of a Sea Turtle Protection Plan (STPP), if required, and that no Certificate of Occupancy is issued prior to approval of the beachfront lighting for coastal construction. (c) Responsibilities of the Planning and Building Divisions are integrated to affect a timely processing of materials and information supplied by a person. (2) Coordination with the Department of Natural Resources (DNR). The Planning Division shall develop, in consultation with DNR, a process whereby upon adoption of this article: (a) A person submitting a Sea Turtle Protection Plan (STPP) to the Planning Division, or a permit application to DNR, is made aware of the potential approval and permitting requirements of each agency, respectively. (b) A STPP submitted to the Planning Division is made available to DNR if requested. (c) A STPP submitted to the Planning Division is reviewed in consultation with DNR if the proposed activity requires a DNR permit. (d) Conditions imposed by the Planning Division for sea turtle protection are consistent with State guidelines, rules and regulations. (e) The Planning Division receives a copy of all permits granted by DNR for coastal construction seaward of the 6 ~K~~26 P~~ZQ89 • • Coastal Construction Control Line, established pursuant to Chapter 161.053, Florida Statutes. (3) Coordination with the Florida Department of Environmental Regulation (DERV. The Planning Division shall develop, in consultation with DER, a process whereby upon adoption of this article the Planning Division receives a copy of all permits granted by DER for any coastal construction within jurisdictional boundaries or below mean high water in the Atlantic Ocean. (4) Coordination with the U.S. Army Corp of Engineers (COE). The Planning Division shall develop, in consultation with COE, a process whereby upon adoption of this article the Planning Division receives a copy of all permits granted by COE for any coastal construction within jurisdictional boundaries or below mean nigh water in the Atlantic Ocean. (5) Enforcement. The Planning Division shall coordinate with County enforcement staff to develop a process for the consistent and effective enforcement of conditions set out in this article. (6) Compatibility with Other County Environmental Ordinances. The Planning Division shall ensure that conditions set out in this article for the protection of sea turtles are consistent with guidelines, rules, and regulations set out in other County environmental ordinances and shall establish procedures for resolving areas of conflict. SECTION 1-7.6-55 PROHIBITION OF ACTIVITIES DISRUPTIVE TO SEA TURTLES Tne following prohibitions during the nesting season (May 1 through October 31) are established for the protection of sea turtles: (1) Prohibition of Motorized Vehicles Seaward of Primary Dune. The operation of motorized vehicles, including but not limited to, any self-propelled, wheeled, tracked, or belted conveyance, shall be prohibited on or seaward of the primary dune during the nesting season, except in cases of emergency or as otherwise approved by DNR. (2) Prohibition of Horseback Riding. Horseback riding shall be prohibited on or seaward of the primary dune during the nesting season, except when a special permit is issued by the Planning Division in accordance with regulations adopted by 6K~~~~ F~~3~~Q~~ 7 • • resolution of the Board. (3) Prohibition of Cam fp fires. Campfires shall be prohibited on or seaward of the primary dune during the nesting season. (4) Extension of Prohibition Areas. Areas of prohibition for the miscellaneous activities described in this section are extended to all areas landward of the primary dune where sea turtles are known to nest. SECTION 1-7.6-56 FOR COASTALPCONSTRU O ION AWITHIN PJURIS~DIC IONAL BOUNDARIES A Sea Turtle Protection Plan (STPP) shall be required for: (1) All coastal construction within jurisdictional boundaries involving the installation of permanently mounted light fixtures. (2) All coastal construction conducted during the nesting season (May 1 through October 31) seaward of the primary dune or at night within jurisdictional boundaries, including site development, beach-dune preservation, stabilization and restoration projects, and mechanical beach cleaning. SECTION 1-7.6-57 SEA TURTLE PROTECTION PLAN (STPP) APPLICATION PROCEDURES (1) Preparation and Submission of STPP. A STPP shall be submitted to the Planning Division concurrently with the submission of a building and/or site plan to the Community Development Director. The STPP shall include the following information, as applicable: (a) General Information. A STPP required pursuant to Sections 1-7.6-56 1) and 2 shall include the following information, as applicable: (i) Identification of person(s) having legal or equitable interest in the subject property. (ii) Legal description of the subject property. (iii) Name of the general contractor for the 8 B~Q~~~ P~~E2Q9 ~ • • project. (iv) Assurance that the applicant has written authority to act as agent for person(s) with legal or equitable interest in the subject property. (v) Description of the proposed construction and intended land use. (vi) Scaled map of the site with a north arrow. (b) Li ht Information. A STPP required pursuant to Section 1-7.6-561) shall include the following information, as applicable, for all areas of the subject property within line of sight of the beach: (i) Tne location, number and positioning of proposed floodlights, spotlights and other fixtures discharging high intensity lighting from incandescent, fluorescent, mercury vapor or nigh pressure sodium lamps. (ii) Tne intensity of the light source emanating from the fixtures identified in Section 1-7.6-57(1)(b)(i). (iii) The location, number, positioning, and type of all other artificial light sources including, but not limited to, those used on balconies, walkways, recreational areas, roadways, parking lots, dune crossovers, decks, boardwalks and signs. (iv) Protective/mitigative measures to minimize lighting impacts on sea turtles, including measures to prevent direct illumination of areas seaward of the primary dune. (c) Construction Information. A STPP required pursuant to Section 1-7.6-56(2) shall include the following information, as applicable: (i) A schedule of proposed construction periods. (ii) Tne number of linear feet of shoreline seaward of the primary dune upon which 9 e~~526 PA~E~092 • • construction will occur. (iii) The number and type of vehicles anticipated during construction, the type of equipment and materials to be used seaward of the primary dune, and the location of beach access points to be used in moving equipment and materials to and from the construction site. (iv) The location, number, positioning, and type of temporary nighttime security lights. (v) The location, number, positioning, and type of nighttime construction lights and the extent of areas seaward of the primary dune to be illuminated. (vi) Protective/mitigative measures to minimize construction impacts on sea turtles. SECTION 1-7.6-58 GENERAL STANDARDS FOR COASTAL CONSTRUCTION WITHIN JURISDICTIONAL BOUNDARIES Tne following standards shall apply to all coastal construction specified in Section 1-7.6-56 and, as applicable, shall be incorporated in a Sea Turtle Protection Plan (STPP): (1) Sea Turtle Protection Plan (STPP) Approval. The Planning Division shall approve a STPP prior to the issuance of a building permit or approval of a site plan by the Community Development Director. Approval of a STPP does not relieve person(s) from complying with all other applicable conditions set out in this article or from mitigating against subsequent negative impacts to sea turtles, their nests or eggs resulting from the approved activity. (2) Timing Considerations. Coastal construction shall be limited to the maximum extent possible to the non-nesting season (November 1 through April 30). Coastal construction occurring during any portion of the nesting season (May 1 through October 31) shall be conducted during daylight Hours whenever possible. (3) Coastal Construction Seaward of Prima_~r Dune Durin the Nesting Season. Appropriate protective/mitigative measures for sea turtles, developed pursuant to this section, shall be implemented for all coastal construction seaward of the primary 10 ~#Rt~S2~ P~~E20~3 ~ • dune during the nesting season. (4) Restrictions on Nighttime Security Lighting. Temporary nighttime security lighting should be limited to the fewest number of lights necessary to provide adequate security. Those lights which are used shall not: (a) Be mounted more than fifteen (15) feet above the ground. (b) Illuminate areas outside of the subject property. (c) Directly illuminate areas seaward of the primary dune unless specific protective/mitigative measures for lighting impacts are developed pursuant to this section. (5) Nighttime Construction During The Nesting Season. To avoid potential lighting impacts on nesting adults and emergent natchlings, protective/mitigative measures for sea turtles which comply with Section 1-7.6-60 may be required for nighttime coastal construction during the nesting season, in addition to those below. (6) Protective/Mitigative measures shall include, but not applicable: Measures. Protective/mitigative be limited to, the following, as (a) Preliminary Site Survey. A permitted agent of the State shall conduct a preliminary site survey and relocate all sea turtle nests to a safe habitat for coastal construction seaward of the primary dune during the nesting season. (b) Exemption of Preliminary Site Survey. Construction activity in progress as of May 1 of each year shall be exempt from a preliminary site survey but shall implement daily nesting surveys pursuant to Section 1-7.6-58(6)(e). (c) Delay of Construction. If nests are known to be present during a preliminary site survey and cannot be located and removed to a safe Habitat, construction shall be delayed for sixty (60) days or until all potentially affected nests nave hatched. (d) Prevention of Construction Delays. Person(s) anticipating construction starts during the nesting season may obtain the services of a permitted agent of the State to relocate nests from construction areas on a daily basis, beginning no later than May 1 of each year. (e) D~ Nesting Surveys. A permitted agent of the State shall conduct daily nesting surveys of construction areas 11 ~~fl5~6 P~6E2Q9~ • • seaward of the primary dune, and shall cage sea turtle nests or relocate the nests to a safe habitgt, beginning wlicablee preliminary site survey or the Westin season as app ~ until one (1) of the following occurs: (i) Exclusion fences, if permitted by DNR, are erected pursuant to Section 1-7.6- 58(6)(f). (ii) Construction activities are completed. (iii) The nesting season has ended. (f) Use of Exclusion Fences. Any physical barrier used to prevent sea turtles from entering construction areas may be used as an exclusion fence in lieu of daily nesting surveys if permitted by DNR. Exclusion fences shall: (i) Be constructed so they are non-injurious to adult sea turtles. (ii) Form a continuous barrier against sea turtle intrusions. (iii) Be monitored daily by DNR approved personnel. (iv) Be repaired as necessary to prevent breaches. (g) Breaches. Breaches through an exclusion fence which result in successful nesting shall be reported to the Planning Division and the nest(s) shall be relocated from the construction area by a permitted agent of the State. (h) Delimitation of Construction Areas. Preliminary site surveys, daily nesting surveys and/or exclusion fences shall encompass all areas seaward of the primary dune upon which construction activities occur and upon which equipment and materials are moved to and from the construction areas. (i) Record Maintenance. Daily records shall be maintained for all sea turtle monitoring conducted pursuant to this section, and together with a summary of the monitoring results, shall be provided to the Planning Division by the person(s) identified in Section 1-7.6-57(1)(a)(i) upon completion of construction activities, or the end of the sea turtle nesting season, whichever comes first. Daily records shall include, as appropriate: 12 ~~05~6 PGf~Q9'5 • • (i) The date of the preliminary site survey. (ii) The date(s) of the daily nesting survey. (iii) The date(s) of exclusion fence monitoring. (iv) The observed nesting activity within the construction area. (v) The number of nests relocated. (vi) The number of eggs per nest relocated. (vii) The nest relocation area(s). (viii) The hatch success if required. (ix) The effectiveness of the exclusion fence(s). (x) The name(s) of the permitted agent of the State performing the monitoring program. SECTION 1-7.6-59 STANDARDS FOR SITE DEVELOPMENT All site development activities within jurisdictional boundaries, approved by the County after the effective date of this article, shall comply with the following standards, as applicable, and the standards shall be incorporated into a Sea Turtle Protection Plan (STPP): (1) Location, Alignment, and Placement of Structures. The positioning of buildings, recreational facilities, walkways, beach access points, parking lots and other features of the site shall be predicated on minimizing operational impacts of these features on sea turtles. (2) Ground-level Barriers and Dune Enhancement. Natural or artificial structures rising above the ground should be used to the maximum extent possible to prevent lighting from directly illuminating the beach-dune system and to buffer noise and conceal human activity from the beach. Improving dune height in areas of low dune profile, planting natural vegetation, or using hedges and/or privacy fences is encouraged. 13 ~~~~~6 ~~~~~Q~`6 r~ SECTION 1-7.6-60 STANDARDS FOR NEW BEACHFRONT LIGHTING All lighting required for the coastal construction activities specified in Section 1-7.6-56, installed after the effective date of this article, shall comply with the following standards, as applicable, and shall be incorporated into a Sea Turtle Protection Plan (STPP): (1) General Prohibition. No artificial public or private ------- ----------- light source shall directly illuminate areas seaward of the primary dune where it may deter adult female sea turtles from nesting or disorient natchlings. (2) Permanent Lighting. The installation of permanent lighting should reflect the standards and mitigative measures published in the current state-of-the-art manual pertaining to coastal lighting and sea turtle conservation (Raymond, Paul W.,Sea Turtle Hatchling Disorientation and Beachfront Li htin A Review of the Problem and Potential Solutions, Washington DC), Center for Environmental Education, 1984j. (3) Reference Availability. The Planning Division shall --------- ---------- nave a copy of the Raymond manual available for review. As design and/or performance standards are developed or upgraded and become available, the Planning Division may provide additional references. (4) Controlled Uses Design and Positioning of High ---------- --- -- --- ---------- - - Intensity Lighting. (a) The use of high intensity lighting for decorative and accent purposes, such as that emanating from spotlights or floodlights, is prohibited. (b) The use of nigh intensity lights for safety and security purposes shall be limited to the minimum number required to achieve their functional role(s). (c) Fixtures containing nigh intensity lights shall be designed and/or positioned such that they do not cause direct illumination of areas seaward of the primary dune and the source of light is not directly visible from the beach. (5) Design and Positioning of Low Intensity Lighting. ---- --- ------- - - --- ---- --- -- (a) Wallmount fixtures, landscape lighting and other sources of low intensity lighting shall be designed and/or positioned such that light does not directly illuminate areas seaward of the primary dune. 14 ~R~JG.~ ~~~E~0~7 • • (b) All low intensity lights on balconies shall be shielded from the beach. (c) Low intensity lighting shall be used in parking lots within line of sight of the beach. Such lighting shall be: (i) Set on a base which raises the source of light no nigher than forty-eight (48) inches off the ground. (ii} Positioned and/or shielded such that the source of light is not visible from the beach. (6) Installation of Tinted Glass or Window Tint. Tinted ------------ -- ------ ---- - ------ ---- glass, as defined in Section 1-7.6-53Z22~, or any window film applied to window glass which meets the shading criteria for tinted glass, shall be installed on all windows of single and multi-story structures within line of sight of the beach. (7) Design of Vehicular Circulation Improvements and ---- - --------- - ------ - - - Parking Areas. (a) Parking lots and roadways, including any paved or unpaved area upon which motorized vehicles will operate, should be designed and/or positioned such that vehicular headlights do not cast light toward the beach. (b) Vehicular lighting shall be shielded from the beach through the use of hedges, dune vegetation and/or other ground-level barriers. (8) Lighting For Pedestrian Traffic. -- - ------ -- ------- (a) Beach access points, dune crossovers, beach walkways, piers or any other structure on or seaward of the primary dune designed for pedestrian traffic shall use the minimum amount of light necessary to ensure safety. (b) Pedestrian lighting shall be of low intensity and recessed or shielded so that the source of light is not directly visible from the beach. (9) Beachfront Lighting Approval. Prior to the issuance of a Certificate of Occupancy by the Community Development Director, compliance with the beachfront lighting standards set out in the Sea Turtle Protection Plan (STPP) shall be approved as follows: (a) Upon completion of the construction activities, a registered Florida architect or professional engineer shall 15 °~Q~2fi P~GE20~'~ • • conduct a site inspection which includes a night survey with all the beachfront lighting turned on. (b) The inspector shall prepare and report the inspection findings in writing to the Planning Division identifying: (i) The date and time of initial inspection. (ii) The extent of compliance with this section. (iii) All areas of potential and observed non- compliance with this section. (iv) Any action(s) taken to remedy observed non-compliance, if applicable. (v) The date(s) and time(s) of remedial inspection(s), if applicable. (c) The inspector shall sign and seal the inspection report which includes a certification that: (i) Tne beachfront lighting has been constructed in substantial accordance with the Sea Turtle Protection Plan (STPP). (ii) The beachfront lighting does not illuminate areas seaward of the primary. dune at the time of the night inspection. (iii) The beachfront light sources are not directly visible from the beach at the time of the night inspection. (10) Approval Not Exclusive. Approval of compliance with the beachfront lighting standards set out in the STPP shall not relieve person(s) from complying with all other applicable conditions set out in this article or from mitigating against subsequent negative impacts to sea turtles, their nests or eggs resulting from the approved activity. SECTION 1-7.6-61 STANDARDS FOR EXISTING BEACHFRONT LIGHTING Existing beachfront lighting shall comply with the following conditions by November 1, 1987: 16 ~~Q~~~ ~~~~~~~~ • • (1) Adjustment to Essential Lighting. Existing artificial light sources shall be repositioned, modified or replaced with modern alternatives so that the source of light is not directly visible from the beach and/or does not directly illuminate areas seaward of the primary dune. Techniques and/or materials used shall be consistent with the Raymond manual referenced in Section 1-7.6-60(2) and other reference manuals identified by the Planning Division. (2) Reduction of High Intensity Lighting. Either, or a --------- -- -- -------- -- - combination, of the following alternatives shall be used to reduce high intensity lighting: (a) High intensity lighting shall be eliminated. (b) Hign intensity light shall be equipped with shades or shields so that light sources are not directly visible from the beach and do not directly illuminate areas seaward of the primary dune. (3) Reduction of Indirect Lighting on the Beach. The --------- -- ------- -- -- --- ----- installation of ground level barriers is encouraged to reduce the amount of indirect lighting striking the beach-dune system. (4) Lighting For Pedestrian Traffic. Lights illuminating beach access points, dune crossovers, beach walkways, piers or any other structure seaward of the primary dune designed for pedestrian traffic shall be shielded such that they are not directly visible from the beach. (5) Use of Window Treatments. To prevent interior lights --- -- ------ ---------- from illuminating the beach, window treatment shall be required on all windows of single and multi-story structures if those windows are within the line of sight of the beach. Blackout draperies or shadescreens are preferred. Alternatively, window tint may be applied to beachfront windows. Tne turning out of all unnecessary interior lights during the nesting season is encouraged. (6) Enforcement and Implementation of Mitigative Measures. In areas where compliance with the lighting conditions of this article are not evidenced, non-compliant property owners shall be required to implement appropriate protective measures, developed in consultation with the Planning Division, to mitigate against potential negative impacts to sea turtles. Mitigative measures shall be implemented in addition to applicable penalties and fines. Any mitigation program implemented as a result of non- compliance with lighting conditions of this article shall remain in effect until such time that acceptable beachfront lighting is achieved. 17 ~R' ~ 2 6 PdGE2 10' 0 SECTION 1-7.6-62 SPECIAL LIGHTING RESTRICTIONS DURING THE NESTING SEASON Effective May 1, 1987, and continuously throughout each nesting season (May 1 through October 31), exterior light sources directly visible from the beach or illuminating areas seaward of the primary dune shall be turned off after 11:00 P.M. each night. SECTION 1-7.6-63 STANDARDS FOR NEW BEACH ACCESS POINTS All beach access points constructed after the effective date of this article shall comply with the following standards, and the standards shall be incorporated into a Sea Turtle Protection Plan (STPP): (1) Pedestrian Traffic. Pedestrian traffic shall be ---------- ------- directed and limited to beach access points provided with dune crossovers. (2) Information Sign Requirements. Permanent sea turtle information signs shall be conspicuously posted at all new public beach access points provided with dune crossovers. The information signs shall be: (a) Standardized by the Planning Division. (b) Provided by the County. (c) Installed and maintained by the property owner. Sea turtle information signs shall be encouraged at all new private beach access points provided with dune crossovers. (3) Standardized Information Reguirement. Information ------------ ---------- -- printed on the signs shall inform beach users: habitat. (a) That sea turtles use the beach as a nesting (b) Of potential penalties for the possession, molestation, disturbance, harassment or destruction of sea turtles, their nests or eggs. (c) Of a contact address or phone number for public use in obtaining additional information. (4) Sign Maintenance Requirements. Standardized sea turtle information signs shall be maintained in perpetuity such that 18 ~R~ 5 2 6 P~GE2 1 0 i • • information printed on the signs remains legible and the signs positioned such that they are conspicuous to persons at all public beach access points provided with dune crossovers. Maintenance of sea turtle information signs at private beach access points provided with dune crossovers shall be encouraged. (5) Sign Removal. Removal of the information signs by anyone other than those authorized by the Planning Division is prohibited. SECTION 1-7.6-64 STANDARDS FOR EXISTING BEACH ACCESS POINTS Permanent sea turtle informational signs shall be conspicuously posted and maintained at all existing public beach access points provided with dune crossovers in accordance with the standards set out in Section 1-7.6-63 by June 1, 1987. Sea turtle information signs shall be encouraged at all existing private beach access points provided with dune crossovers. SECTION 1-7.6-65 STANDARDS FOR BEACH-DUNE PRESERVATION, STABILIZATION ANO RESTORATION PROJECTS All coastal construction associated with beach-dune restoration projects, approved date of this article, shall cc and the standards shall be Protection Plan (STPP): within jurisd preservation, by the County imply with the incorporated fictional boundaries stabilization and after the effective following standards, into a Sea Turtle (1) Restriction On The Use Of Rigid Fixed Above Ground ----------- -- --- --- -- -- - - -- ----- ---- - Structures and Materials. The use of continuous, rigid, fixed above ground structures and materials which provide limited or no beach access to sea turtles or eliminates portions of the beach- dune system as a nesting habitat, such as seawalls and rip-rap, shall be prohibited except when: (a) Used as part of a comprehensive plan for beach-dune restoration. (b) Non-structural alternatives are unacceptable. (c) Such structures and materials can be convincingly demonstrated to nave no negative impact on water quality, the natural habitat, adjacent shore areas or beach use. (2) Design and/or Positioning of Structures. Buried, 19 BR~ ~ ~ ~ ~~~~~ f o.2 • • emergent or above-ground structures shall be designed and/or positioned such that they do not act as traps to adult sea turtles or their hatchlings. (3) Treatment of Impenetrable, Buried, Synthetic Materials. Any impenetrable, buried, synthetic materials used for beach-dune preservation, stabilization or restoration projects shall be sufficiently covered by beach sediments and maintained in such a state to allow for normal sea turtle nesting. (4) Character of Restored and Stabilized Beaches and Dunes. Restored and stabilized beaches and dunes shall comply with the following, as applicable: (a) Restored beaches shall, to the maximum extent possible, resemble the characteristics of pre-existing or adjacent natural beaches in terms of sediment grain size, compaction, and beach slope. (b) Restored and stabilized dunes shall, to the maximum extent possible, be similar in appearance to pre-existing or adjacent natural dunes in terms of profile, vegetation and sediment characteristics. (c) Restored and stabilized dunes shall be designed such that the reconstructed dune profile does not effectively exclude access by nesting sea turtles. (5) Use of Natural Dune Vegetation. The use of natural dune vegetation shall be encouraged, and the design and/or operation of sprinkler systems to promote or sustain growth of dune vegetation shall: (a) Be approved by the Planning Division prior to installation. (b) Not interfere with the normal development of sea turtle eggs in the nests or adversely affect emergent hatchlings. SECTION 1-7.6-66 STANDARDS FOR MECHANICAL BEACH CLEANING All mechanical beach cleaning activities approved by the State after the effective date of this article, designed to remove debris from the beach, alter beach profiles, or disturb more than the upper two (2) inches of beach sediment through the use of motorized vehicles or other mechanical means, shall comply with the following standards, and the standards shall be incorporated into a Sea Turtle Protection Plan (STPP), as applicable: 20 OR'J ~ ~ P~~E~ ~ Q • • (1) Compliance With County and State Beach-Dune Preservation Policies Equipment, methodologies and points of ------------ -------- access shall be consistent with long-term beach-dune preservation policies established by the County and State. (2) Timing. Beach cleaning shall be confined to daylight hours and should be confined to the non-nesting season. (3) Mode of Operations. During the nesting season (May 1 through October 31) (a) Beach cleaning operations should be limited to the strand line (previous nigh tide mark) whenever possible. (b) Light-weight motorized vehicles having wide, low- profile, low-pressure tires should be used to conduct beach cleaning operations instead of heavy equipment. (c) Devices used for removing debris from the beach should be designed and/or operated such that they do not penetrate beach sediments by more than two (2) inches. (4) Sea Turtle Protection Plan (STPP) Exemption. A STPP -- ----- ---------- ---- - --- may not be required for mechanical beach cleaning activities if it is demonstrated to the Planning Division that the proposed operation(s) will have no adverse effects on the normal development and viability of eggs and hatchlings in sea turtle nests and habitats, pursuant to the following procedures: (a) The Planning Division shall be notified in writing by the applicant that the protective/mitigative measures set out in Section 1-7.6-58 shall not be required as part of the State permit. (b) The Planning Division shall grant an exemption from the STPP upon consultation with the State and receipt of a copy of the State permit prior to commencement of the mechanical beach cleaning activities. (5) Coordination of Beach Cleaning Operations with State- Sanctioned Scientific Studies. All beach cleaning operations ---------- ---------- ------- shall be coordinated through the State to ensure that these operations do not interfere with state-sanctioned scientific studies of sea turtle nesting activities. SECTION 1-7.6-67 ENFORCEMENT AND PENALTIES (1) Enforcement, appeal and remedy of matters related to 21 QR~ 5 ~ 6 P~~~ ~ Q`~ . • this article shall be regulated pursuant in Chapter 1-7.6 "Environmental Control" Ordinances, and in Chapter 83-511, Laws • to procedures established St. Lucie County Code of of Florida. (2) Each person who commits, attempts to commit, conspires to commit, or aids and abets in the commission of any act declared herein to be in violation of this article, whether individually or in connection with one (1) or more persons, or as a principal, agent or accessory, shall be guilty of such offense and every person who falsely, fraudulently, forcibly or willfully entices, causes, coerces, requires, permits or directs another to violate any provision of this article is likewise guilty of such offense. (3) Each day that a violation of this article is continued or permitted to exist without compliance shall constitute a separate offense prescribed in Section 1-7.6-9 "Violations and Penalties", of the St. Lucie County Environmental Control Ordinance Chapter 83-511, Laws of Florida. (4) No development orders, building permits or certificates of occupancy shall be issued to any violator of this article until the violation(s) have been properly abated to the satisfaction of the County. SECTION 1-7.6-68 FEES A schedule of fees shall be established by resolution of the St. Lucie Board of County Commissioners in order to cover the costs of technical and administrative activities required pursuant to this article. The applicant for approvals Herein provided for shall bear the costs stipulated within such fee schedule. SECTION 1-7.6-69 LOCAL APPROVALS NOT EXCLUSIVE Approvals required pursuant to this article shall be in addition to and not in lieu of any federal, state, regional or other local approvals which may be required for the same or similar activities. Similarly, compliance with provisions of this article does not excuse any person from having to comply with other applicable federal, state, regional or local laws. SECTION 1-7.6-70 CONFLICTS In the event this article conflicts with any other 22 QR ~ 2 ~ P~~'2 14 5 • • applicable regulations on this subject matter, the more restrictive shall apply. PART TWO: SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, for any person, property or circumstance, such holdings shall not affect the remaining portions hereof and it shall be construed to nave been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. PART THREE: APPLICABILITY This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. PART FOUR: FILING WITH THE DEPARTMENT OF STATE The Clerk is directed to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART FIVE: FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, 2571 Executive Center Circle East, Tallahassee, Florida 32301. PART SIX: EFFECTIVE DATE This ordinance shall take effect on May 1, 1987. PART SEVEN: CODIFICATION Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section", 23 OR ~ ~ ~ PA~~ ~ ~''~ _. • • "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided that Parts Two through Seven of this ordinance shall not be codified. DULY PASSED AND ADOPTED THIS ~~ DAY OF ,~ ~~em b Pr , 19 ~~ . TTEST ~_ CLERK ~~ ' _, :'~, .. ,"~ ~ ,,~ ~~ ~~~~,' 24 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By Jim infix CHA MAN APPROV D AS TO FOR C O R R,~ C IV F~S~ ;i„ _~ ATTORNE 8~41~34 '87 JAN 5 A 8 :51 FILED ,"~~ : ., _ .;';~ ST. LUCIt CCf:~Fa 'r ~-~ ND QR~ S 2 6 P~21 ~ 7 _. N w1 ' 1 V +.