HomeMy WebLinkAboutEC 87-03
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854311
BEFORE THE BOARD OF COUNTY COMMISSIONERS
SITTING AS THE ENVIRONMENTAL CONTROL BOARD
ST. LUCIE COUNTY, FLORIDA
ORDINANCE NUMBER EC-87-03
AN ORDINANCE AMENDING CHAPTER 1-7.6, CODE OF ORDINANCES OF
ST. LUCIE COUNTY, FLORIDA BY CREATING REGULATIONS fOR
COASTAL AREA PROTECTION IN THE UNINCORPORATED AREAS OF
HUTCHINSON ISLAND, ST. LUCIE COUNTY, FLORIDA; PROVIDING
FOR TITLE, AUTHORITY FOR ENACTMENT, PURPOSE AND INTENT,
AND DEfINITIONS; PROVIDING FOR ADMINISTRATIVE REGULATION;
PROVIDING fOR A GENERAL POLICY STATEMENT ON COASTAL AREA
RESOURCES, INCLUDING ENVIRONMENTALLY SENSITIVE RESOURCES
AND HABITATS, VEGETATION AND LANDSCAPING, AND VEGETATION
BUFFER FOR THE INDIAN RIVER LAGOON SHORELINE; PROVIDING
FOR A POLICY STATEMENT ON THE BEACH-DUNE SYSTEM, INCLUDING
BEACH AND DUNE PROTECTION, DUNE RESTORATION, AND DUNE
LANDSCAPING; PROVIDING FOR A POLICY STATEMENT ON SHORELINE
ACCESS; PROVIDING FOR ADMINISTRATIVE CONTROL, INCLUDING
ENFORCEMENT AND PENALTIES, FEES, LOCAL APPROVALS, AND
CONFLICTS; PRO V IDING fOR SEVERABILI TY, APPLICABILITY,
FILING WITH THE DEPARTMENT OF STATE, FILING WITH THE
DE~ARTMENT OF COMMUNITY AFFAIRS, EFFECTIVE DATE, AND
CODIFICATION.
WHEREAS, tne Board of County Commissioners of St. Lucie County,
Florida, is autnorized by Section 125, Florida Statutes, to aaopt
ordinances and resolutions necessary for tne exercise of its powers
and to prescribe fines and penalties for tne violation of ordinances
in accordance witn law;
WHEREAS, tne Board of County Commissioners desires to enact
snoreline protection and access regulations pursuant to tne autnority
contained in Section 125.01, 163.3178, and 163.3194(1)(b), Florida
Statutes, and otner applicable law;
WHEREAS, Section 163.3177(6)(g), Florida Statutes, requires a
Coastal Management Element in comprenensive plans for Florida coastal
counties wnicn sets fortn policies and implementation programs;
WHEREAS, Section 161.25, Florida Statutes, designates tne Board
of County Commissioners of St. Lucie County as tne County's Beacn and
Snore Preservation Autnority;
WHEREAS, tne Federal Coastal Zone Management Act of 1972
encourages tne conservation of coastal resources;
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WHEREAS, tne Board of County Commissioners nas determined tnat it
is necessary to furtner implement policies of tne St. Lucie
County Growtn Management Policy Plan by providing guidelines and
standards for tne protection of tne coastal area and for controlled
access to snore lines in tne unincorporated areas of Hutcninson Island
in St. Lucie County;
WHEREAS, tne Board of County Commissioners nas determined tnat it
is necessary to furtner implement policies of tne Hutcninson Island
Resource Planning and Management Plan, adopted October 6, 1983, to
provide coastal area protection and controlled access to snorelines in
tne unincorporated areas of Hutcninson Island in St. Lucie County;
WHEREAS, tne Board of County Commissioners commissioned studies
of issues confronting coastal area protection and snoreline access
wnicn contain recommended regulatory measures;
WHEREAS, tne Board of County Commissioners recognizes tne
coastal area as a unique public resource witn innerent economic,
aestnetic, recreational, social, and ecological values wnicn are in
nign demand;
WHEREAS, tne Board of County Commissioners recognizes tne fragile
and geologically transitory nature of certain oceanfront features, ana
tnat constant cnange of oceanfront areas is natural, and tnat tne St.
Lucie County beacn-dune system is currently undergoing long-term
recession";
WHEREAS, tne Board of County Commissioners recognizes tnat tne
beacn-dune system functions as a unit and tnat activities affecting
tne stability of tne beacn-dune system often nave direct impacts upon
adjacent areas;
WHEREAS, tne Board of County Commissioners recognizes tnat in
order to reduce and control erosion of tne beacn-dune system, a multi-
jurisdictional approacn tnrougn stabilization and, wnere appropriate,
restoration, is necessary tnrougn implementation of long-term manage-
ment plans tnat utilize natural coastal dynamics;
WHEREAS, tne Board of County Commissioners recognizes tne contri-
bution to tne quality of life and economic well-being of tne region
from tne maintenance and, wnere appropriate, re-establisnment of
productive natural ecosystems and related snoreline components of tne
Indian River Lagoon and Atlantic Ocean; and
WHEREAS, tne St. Lucie County Environmental Control Board nas
been establisned and delegated powers to enforce state and local
environmental control laws, ordinances and administrative rules
pursuant to Cnapter 83-511, St. Lucie County Environmental Control
Act, Laws of Florida, and Cnapter 1-7.6, St. Lucie County
Environmental Control Ordinance;
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SITTING AS THE ST. LUCIE
ENVIRONMENTAL CONTROL BOARD:
PART ONE:
Tne following snaIl be added to Cnapter 1-7.6, Environmental
Control, COde of Ordinances, St. Lucie County, Florida:
ARTICLE V. HUTCHINSON ISLAND COASTAL AREA PROTECTION
PART TWO: IN GENERAL
Section 1-7.6-85 Title.
Tnis ordinance snaIl be known as tne "Hutcninson Island Coastal
Area Protection Ordinance".
Section 1-7.6-86 Autnority for Enactment.
Tnis ordinance is enacted pursuant to autnority vested in tne
Board of County Commissioners by virtue of Article 8, Section 1 of tne
Constituiion of tne State of Florida; Section 125.01 and Section
163.3161 et seq, Florida Statutes; and Cnapter 83-5l1, Laws of
Florida.
Section 1-7.6-87 Purpose And Intent.
Tne purpose of tnese regulations, recognizing tne unique and
environmentally sensitive cnaracteristics of tne coastal area, is to
protect tne economy and ecology of tne coastal area by establisning
policies and procedures for evaluating and minimizing tne impacts of
development witnin tne coastal area and to provide controlled access
to tne snoreline.
Tne intent of tnese regulations is to assist in implementing
Federal and State laws regarding coastal management, including tne
Federal Coastal Zone Management Act of 1972; Cnapter 163, Part II,
County and Municipal Planning and Land Development Regulation, Florida
Statute; and recommendations of tne Hutcninson Island Resource
Planning and Management Plan.
Section 1-7.6-88 Definitions.
As used in tnis ordinance, tne following terms snall nave tne
indicated meaning:
(1) "Access Point" or "Access" is any walkway or ramp tnrougn or
over tne Estuarine Snoreline Area or Beacn-Dune Snoreline Area used
for tne purpose of gaining access to tne beacn or snoreline.
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(2) "Activity" includes, but is not limited to, tne building
of docks, piers, boat ramps, board walks, dune crossovers, and mooring
piles; dredging of cnannels; filling; removal of logs, sand, silt,
clay, gravel or snell; and tne removal of vegetation.
(3) "Atlantic Ocean" is tne bOdy of water abutting tne eastern
snoreline of Hutcninson Island.
(4) "Beacn" is tne zone of unconsolidated material tnat extendS
landward from tne mean low water line to tne place wnere tnere is
marked cnange in material or pnysiograpnic form, or to tne line of
permanent vegetation (usually tne effective limit of storm waves).
Unless otnerwise specified, tne seaward limit of a beacn is tne mean
low water line.
(5) "Beacn-Dune Snoreline Area" is tne area between tne mean nign
water line of tne Atlantic Ocean and tne Coastal Construction Control
Line (establisned pursuant to tne provisions of Section 161.053,
Florida Statutes).
(6) "Beacn-Dune System" is a broader concept tnan tnat covered
by tne use of tne woras "beacn" and "dune" inaependently ana, at a
minimum, consists of tne wnole Beacn-Dune Snoreline Area.
(7) ""Board" is tne Board of County Commissioners of St. Lucie
County, sitting as tne St. Lucie County Environmental Control Board.
(8) "Coastal Area" relates to tne area witnin juriSdictional
boundaries wnicn encompasses water and submerged lands of tne Atlantic
Ocean and Inaian River Lagoon, snorelines adjacent to tnese waters,
and all landS on Hutcninson Island and adjacent to sucn occurrences
wnere development WOUld impact tne integrity ana quality of tne above.
(9) "Community Development Director" is tne Office of tne
Community Development Director of St. Lucie County.
(10) "Construction" is tne carrying out of any work to mOdify
site conditions including, but not limited to, building, clearing,
filling, excavation, grading, or planting of vegetation; or tne making
of any material cnange in tne size or use of any structure or tne
appearance of site conditions; or tne placement of equipment or
materials upon sucn sites; or any work or action wnicn is likely to
nave a material pnysical effect on existing snoreline conditions or
natural snoreline and inlet processes.
(ll) "County" is St. Lucie County.
(12) "County Permit" is any aevelopment permit or approval
required by tne County incluaing, but not limited to, site plan
approvals, SUbdivision approvals, and building permits.
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(13) "Development" is tne carrying out of any construction or
activity as defined in tnis orainance witnin jurisaictional boundaries
including tnat development wnicn requires a County permit.
(14) "Dune" is a mound or ridge of loose sediment usually sand-
sized sediment, lying upland of tne beacn, and deposited by any
natural or artificial mecnanism, and may also include beacn ridge,
dune ridge, etc.
(15) "Dune Preservation Zone" is tne area between tne mean nign
water line of tne Atlantic Ocean and tne western edge of tne frontal
dune system, as defined by vegetation and elevation. Tne Dune
Preservation Zone snaIl nave tne cnaracteristics of tne Beacn and
DunelandS environmental zone as described in Cnapter VIII, Natural
Environmental Analysis, of tne St. Lucie County Barrier Island Study:
Analysis of Growtn Management Policy Plan (August, 1982). Wnere tne
western edge of tne frontal dune cannot be ascertained, tne Dune
Preservation Zone snaIl be set by reference to a management and
restoration plan tnat nas been prepared based on natural coastal
dynamics.
(16) "Environmentally Sensi tive Resources or Habi tats" are tnose
tnat include, but are not limited to, wetlandS, mangroves, deepwater
nabitats, reefs, grassbeds, beacnes, tne Dune Preservation Zone,
manatee and sea turtle nabitats, Outstanding Florida Waters, Class II
waters, Class III waters, and protected species.
(17) "Estuarine Snoreline Area" is tne area between tne mean nign
water line of tne Indian River Lagoon and tne landward extent of
surface waters of tne State (as defined in accordance witn Section 17-
4.022, Florida Administrative COde, and Sections 403.817 and 403.913,
Florida Statutes).
(18) "Excavation" is any mecnanical or manual removal of rock,
consolidated or unconsolidated soil material, sand, or vegetation.
Excavation includes, but is not limited to, dredging, draglining,
bulldozing, scraping, grading, digging, scooping, or nollowing out.
(19) "Frontal Dune" is tne first natural or manmade mound or
bluff of sand wnicn is located landward of tne beacn and wnicn nas
sufficient vegetation, neignt, continuity, and configuration to offer
protective value.
(20) "Indian River Lagoon" is tne estuarine bOdy of water
including creekS, embayments, coves and otner water designations
abutting tne western snoreline of Hutcninson Island.
(21) "JuriSdictional Boundaries" are tnose wnicn border tne
unincorporated limits of Hutcninson Island in St. Lucie County,
Florida.
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(22) "Mean Hign Water Line (MHWL)" is tne intersection of tne
plane of mean nign water, i.e., tne nineteen (19) year average nign
water neignt, as defined by tne Florida Department of Natural
Resources in Cnapter 16B-33, Florida Aaministrative COde, witn tne
Estuarine or Beacn-Dune Snoreline Areas.
(23) "Mean Low Water Line (MLWL)" is tne intersection of tne
plane of mean low water, Le., tne nineteen (19) year average low
water neignt, as defined by tne Florida Department of Natural
Resources in C~apter 16B-33, Florida Administrative COde, wit~ tne
Estuarine or Beacn-Dune S~oreline Areas.
(24) "Native Vegetation" is any indigenous tree, plant or snrub
adapted to soil and climatic conditions occurring onsite.
(25) "Parcel of Land" is any contiguous quantity of
of being described witn sucn definiteness tnat its
boundaries may be establisned, tnat is designated by
developer as land to be used or developed as a unit, or
used or developed as a unit.
land capable
location and
its owner or
tnat nas been
(26) "Person" is any individual, corporation, business firm,
joint venture, trust, estate, partnersnip, association, two (2)
or more persons naving a joint or common interest, political
SUbdivisiòn, governmental agency, any otner legal entity, or any
agent or representative tnereof.
(27) "Proposed Use Is Reasonable" s~all not be narrowly
construed but snaIl recognize all of tne uses or tne only use to wnicn
tne property is or may be reasonably adapted considering all of tne
circumstances, inclUding, but not limited to, applicable land use
regulations, tne proposed use of tne property, existing and proposed
uses of adjacent and nearby property, demand for tne intended use, and
return on tne property.
(28) "Protected Species" are plant and animal species tnat are
considered endangered, tnreatened, rare, or of special concern by tne
Florida Committee on Rare and Endangered Plants and Animals, tne
Florida Game and Fresn Water Fisn Commission, tne Florida Department
of Agriculture and Consumer Services, ana tne U.S. Fisn and Wildlife
Service.
(29) "Restoration" is any work to ennance tne value and function
of tne Estuarine or Beacn-Dune Snoreline Areas or to reconstruct or
replace beacnes or dunes. Restoration includes, but is not limited
to, tne replanting of vegetation to stabilize tne Estuarine or Beacn-
Dune Snoreline Areas.
(30) "Snoreline" is a generic term wnicn means tne interface or
full extent of tne Indian River Lagoon and Atlantic Ocean witn t~e
Estuarine and Beacn-Dune Snoreline Areas, respectively.
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(31) "State" is tne State of Florida.
(32) "Vegetation" is any living plant tissue including trees,
snrubs, nerbs, sedges, grasses, fungi, and algae.
PART THREE: ADMINISTRATIVE REGULATION
Tne following administrative regulations snaIl only be applied to
development witnin jurisdictional boundaries, Le., witnin tne
unincorporated areas of Hutcninson Island in St. Lucie County,
Florida.
Section 1-7.6-89 Overall Approval.
No development snaIl be approved unless consistent witn tne
applicable policies set out in tnis ordinance.
Section 1-7.6-90 Overall Review And Consistency.
(1) fQ~~~~~!ï_Q~~~!QQ~~~!_~~~!~~. All development snaIl be
reviewed by tne Community Development Director for consistency witn
tne policies set out in tnis ordinance.
(2) Consistency Requirements. Consistency witn tne policies set
out in tnis ordinance is required in addition to consistency witn
otner County rules and regulations tnat may apply.
Section 1-7.6-91 Aoministrative Review Proceoures Ano Requirements.
(1) fQ~~~~!!Y_Q~~~!QQ~~~!_fEQ1~£!~. For development under tne
primary purview of tne Community Development Director, review proce-
dures and requirements, to determine consistency witn tne policies set
out in tnis ordinance, snall be developed by tne Community Development
Director, and snall be consistent witn existing County regulations.
(2) County Engineer Projects. For development under tne pr imary
purview of tne County Engineer, review procedures and requirements, to
determine consistency witn tne policies set out in tnis ordinance,
snall be developed jointly by tne Community Development Director and
County Engineer, and snaIl be consistent witn existing County
regulations.
(3) Coordination. Review procedures and requirements snall be
coordinateõ-ãmong-the applicable divisions of tne Community Develop-
ment Director and between tne County Engineer and Community Develop-
ment Director.
Section 1-7.6-92 Site Plan Information Requirements.
(l) Environmental Impact Report. All development, subject to tne
rules and regulations of tnis ordinance, wnicn requires tne submission
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of an Environmental Impact Report pursuant to Section 5.1.300 of tne
St. Lucie County Zoning Ordinance, snall include tne following
information, as applicable, in tne Environmental Impact Report, in
addition to or as part of tne requirements in tne zoning ordinance.
All plans and maps tnat are required snall be depicted at a scale no
smaller tnan one (1) incn equals fifty (50) feet on a sneet size of
twenty-four (24) incnes by tnirty-six (36) incnes.
(a) A vegetation and landscape plan and written assessment
wnicn demonstrates consistency witn tne appropriate policies set out
in tnis ordinance for all areas of tne SUbject parcel of land,
including a description of tne tecnniques to protect tne existing
onsite native vegetation. Recommendations snould be obtained from tne
St. Lucie County Soil and Water Conservation District or tne St. Lucie
County Urban Forester.
(b) A soil and water conservation plan and written a.ssess-
ment wnicn outlines a system of best management practices to control
soil erosion, reduce sediment loss, and protect tne water quality on
tne subject parcel of land during all pnases of development. Tnese
best management practices snaIl consider tne impacts of onsite
development activity on adjacent parcels of land, so as to avoid soil
erosion, sediment loss, and degraded water quality on tne adjacent
parcels of land. Recommendations snould be obtained from tne St.
Lucie County Soil and Water Conservation District.
(c) A plant and animal survey for onsite federal and state
protected species as defined in Section 1-7.6-88. A compiled list of
tnese plants and animals snaIl be maintained by tne Community Develop-
ment Director. Locations of all identified species snaIl be depicted
on a map.
(d) A surface water management plan and written assessment
wnicn demonstrates consistency witn tne appropriate policies set out
in tnis ordinance, including a description of tne tecnniques to be
used to prevent botn tne potential degradation of surface water
resources and an increase in floOd nazard damage.
(e) A snoreline stabilization plan and assessment wnicn
demonstrates consistency witn tne appropriate policies set out in tnis
ordinance, including beacn or dune restoration and maintenance or
Indian River Lagoon snoreline stabilization to reduce or control
erosion.
Section 1-7.6-93 Appeal.
(l ) ~EE~'§'.!. . Any fin a lac t ion b y t n e Com m u nit y D eve lop men t
Director may be appealed to tne Board. An appeal may only be
initiated by filing a written request witn tne County Administrator,
or designee. Upon receipt of tne request and witnin a reasonable
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periOd of time, tne request snaIl be scneduled before tne Board. Tne
request snaIl not be subject to tne formal notice and advertisement
requirements set out in tne St. Lucie County Zoning Ordinance. Tne
Community Development Director snall be required to submit a report to
tne Board citing tne reasons for tne final action.
PART fOUR: GENERAL POLICY STATEMENT ON COASTAL AREA RESOURCES
Section 1-7.6-94 Environmentally Sensitive Resources Ano HaOitats.
All development is required to comply witn tne following criteria
in order to protect environmentally sensitive resources and nabitats:
(1) Alteration, Degradation Or Destruction Criteria. No devel-
opment snall be allowed tnat results in tne alteration, degradation or
destruction of environmentally sensitive resources or nabitats, except
wnen any of tne following apply:
(a) Tne development is necessary to prevent or eliminate a
pUblic nazard.
In order for tnis exception to apply, all of tne
following must be found applicable:
1. A nazara or danger exists;
2. Tne development would eliminate or prevent tne
nazard;
3. Tne development would represent tne best way to
accomplisn tne desired end witn minimal impact on
tne resources or nabitats; and
4. Elimination of tne nazard unavoidably impacts
tne resources or nabitats.
(b) Tne development would provide direct public benefits
wnicn would exceed tnose lost to tne public as a result
of tne resource or nabitat alteration, degradation or
destruction.
In order for tnis exception to apply, all of tne
following must be found applicable:
1. Tne development would meet a demonstrated public
need;
2. Tne development would provide public benefits more
valuable tnan tnose already provided by tne
resource ornabitat prior to development;
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3. T~e development would cause a minimal loss of
resource or nabitat function consistent witn
meeting tne need; and
4. Tne development would represent tne best metnod of
satisfying tne identified need.
(c) Tne development is proposed for environmentally
sensitive nabitats in wnicn tne functions and values
currently provided are significantly less tnan tnose
typically associated wit~ sucn nabitat types.
In order for tnis exception to apply, all of tne
following must be found applicable:
1. Tne functions and values provided by tne nabitat
are significantly reduced below tnose typically
associated witn tnat nabitat type;
2. Tne benefits currently provided are minimal and of
little ecological consequence;
3. Tne reduction in value is irreversible and cannot
practically be restored by tne landowner,
persons undertaking development, or governmental
agencies; and
4. Tne development would be carried out in a manner
least damaging to tne nabitat.
(d) Tne development is water dependent or, due to tne
unique geometry (configuration) of tne site, minimal
impact is tne unavoidable consequence of development
for uses wnicn are appropriate given general site
cnaracteristics; nowever, in no case s~all sucn
development be allowed for tne purpose of obtaining
fill.
In order for tnis exception to apply, all of tne
fOllowing must be found applicable:
1. Tne development is necessary in order to develop
usable portions of tne site;
2. Tne proposed use is appropriate and reasonable
given site cnaracteristics or is water dependent;
and
3. Tne design and layout of tne proposed development
is tne least disruptive to tne environmentally
sensitive resources or nabitats.
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(2) Groundwater And Surface Water. All development snaIl comply
witn tne following criteria in order to facilitate tne recnarging of
groundwater and protect tne quality of groundwater and surface water
resources:
(a) Impervious surfaces snaIl be neld to a minimum and
porous materials snall be substituted to tne maximum
extent feasible.
(b) Site design snaIl maximize use of onsite water recnarge
capability.
(c) Surface water management measures snall be designed to
minimize cnanges in tne pre-development quantity,
quality, rate and temporal cnaracteristics of
stormwater discnarge.
(d) Surface water management measures snall result in
minimal degradation of surface water draining into
Environmentally Sensitive Resources and Habitats.
(3) Protected Species.
All development snaIl comply witn tne
concerning federal and state protected species,
1-7.6-88, and tneir nabitats:
following criteria
as defined in Section
(a) Pre-Development. If it is determined tnat a federal or
state protected species is resident on or otnerwise is
significantly dependent upon tne Subject parcel of
land, tne person undertaking development snall consult
witn tne Florida Game and Fresn Water Fisn Commission,
U.S. Fisn and Wildlife Service, and tne County. Appro-
priate protection to tne satisfaction of all parties
snaIl be provided prior to approval of tne development.
( b ) !iQ!l..t!.£~!lQ.Q._ß.~g~l!:.~~~.Q.! . I n t nee v e n t t n at i tis
determined tnat any representative of a federal or
state protected species is resident on or otnerwise is
significantly dependent upon tne Subject parcel of land
for wnicn development is underway, tne person under-
taking development snall be required to cease all
development work wnicn mignt adversely affect tnat
individual specie or population and immediately notify
tne Florida Game and Fresn Water Fisn Commission, U.S.
Fisn and Wildlife Service, and tne County. Appropriate
protection to tne satisfaction of all parties snall be
provided by tne person undertaking development prior to
resuming development.
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Section 1-7.6-95 Vegetation And Landscaping.
All development is required to comply witn tne following criteria
concerning tne preservation of existing native vegetation, tne use of
native and non-native vegetation in landscaping, and tlìe removal of
exotic vegetation:
(1) Definitions. As used in tlìis section, tne following terms
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snaIl nave tne indicated meaning:
(a) "Exotic Vegetation" is non-native vegetation tnat is
considered a nuisance, invasive or a pest. Exotic
trees include, but are not limited to, Brazilian pepper
(Scninus terebintni folius), Australian pine (Casuarina
equisetifolia), and cajeput (Melaleuca quinquenervia).
(b) "Non-Native Vegetation" is any tree, plant or snrub
establisned from outside sources wnere local climatic
and geologic conditions are similar to tlìe source of
origin and tnerefore favorable to growtn.
(2) ~~l~£~!~~_fl~~I!~g_~~Q_~!£IQ=~!~!~g. All development
requiring a County permit snall set aside tnrougn selective clearing
and micro-siting of ouildings, as a minimum, twenty-five (25) percent
of eacn native plant community wnicn occurs onsite, sucn as, upland
scrubland, upland mixed nammock, and dune land communities.
(3) Minimum Disturbance. Existing native vegetation slìall be
d i s t u r bed -tü-tne-Tëast-aegree- p r act i c a l.
(4) Landsca e Criteria For Native Or Drou etation.
Landward of tne frontal dune at least fifty (50 percent of all
landscaped areas, required pursuant to Section 3.2.600 of tne St.
Lucie County Zoning Ordinance, snaIl be composed of native or
drougnt tolerant vegetation adapted to soil and climatic conditions
occurring onsite. If drougnt tolerant vegetation is used, at least
fifty (50) percent of all trees and tnirty (30) percent of otner
landscaping material snaIl be composed of native vegetation. It is
recommended tnat compliance witn tnese requirements be acnieved
tnrougn preservation of existing native vegetation.
(5) Non-Native Vegetation Criteria. For areas tnat are landward
of tne frontal dune, it must be demonstrated tnat non-native
vegetation including tnat wnicn is drougnt tolerant:
(a) Will nave stabilizing qualities approximating tnat of
native vegetation;
(b) Will nave a lìign success rate;
(c) Will not displace" adjacent native vegetation; and
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(d) Will not adversely impact any existing protected
species.
(6) Exotic Vegetation. All development requlrlng a County permit
snall remove all exotic vegetation, sucn as, Brazilian pepper,
Australian pine, and Melaleuca and, wnere appropriate, replace it
witn native plant species adapted to existing soil and climatic condi-
tions. Removal snall be in sucn a manner tnat avoids seed dispersal
by any sucn species. Tnere snall be no planting of exotic vegetation.
Section 1-7.6-96
Vegetation Buffer For Tne InOian River Lagoon
Snoreline.
All development snall provide a native vegetation buffer in
compliance witn tne following criteria in order to protect against
erosion, reduce runoff effects to tne Indian River Lagoon caused by
development, maintain nabitat value and productivity, and mai.ntain
natural scenic values:
(1) Minimum Buffer Criteria. A native vegetation buffer
adjacent to tne Indian River Lagoon snaIl be required. Except for
public and private access points, a native vegetation buffer or tne
existing native conditions snall be maintained for a minimum distance
of fifty (50) feet from tne mean nign water line.
(2) Unbuildable Parcels Of Land. A variance from compliance witn
Subsection (1) may be requested as set out in Subsections (3) and (4)
for parcels of land wnicn would be rendered unbuildable; nowever, a
minimum vegetation buffer snaIl be required for tne purposes listed in
tne introduction of tnis section.
(3) Minimum Buffer Variance. Tne Communi ty Development Director
may approve a variance to tne minimum fifty (50) foot vegetation
buffer, provided tnat no variance snall permit a vegetation buffer of
less tnan forty (40) feet.
(4) Maximum Buffer Variance. A variance to permit a vegetation
buffer of less tnan forty (40) feet may only be granted by tne Board.
A request for a variance to permit a vegetation buffer of less tnan
forty (40) feet may only be initiated by filing a written request witn
tne County Administrator, or designee. Upon receipt of tne request
and witnin a reasonable period of time, a public nearing snaIl be
scneduled before tne Board. Tne public nearing snaIl be subject to
tne formal notice and advertisement requirements set out in tne St.
Lucie County Zoning Ordinance. Tne Community Development Director
snall be required to submit a report to tne Board on sucn a request
including a recommendation for or against tne requested vegetation
buffer, based on applicable zoning or site data, tne purposes listed
in tne introduction of tnis section, and any otner applicable informa-
tion.
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(5) Standards For Granting Variances. Tne Board snall not grant
a variance to permit a vegetation buffer of less tnan forty (40) feet
unless it snaIl, in eacn case, make specific findings of fact based
directly upon tne particular evidence presented supporting written
conclusions tnat:
(a) Tne variance requested arises from a condition tnat tne
particular pnysical surroundings, tne shape, or
topograpnical conaition of tne specific parcel of land
involved, would result in unnecessary nardsnip for tne
owner or developer, as distinguisnea from a mere
inconvenience, if tne provisions of tnis section are
literally enforced, ana tne condition is created by tne
regulations of tnis section, and not by an action or
actions of tne owner, developer or applicant;
(b) Tne granting of tne variance will not impair or injure
otner property or improvements in tne neignbornood in
wnicn tne subject parcel of land is located;
(c) Tne variance grantea is tne minimum variance tnat will
make possible tne reasonable use of the land, building
or structures; ana
(d) Tne variance desired will not be opposed to tne general
spirit and intent of tnis ordinance or tne St. Lucie
County Growtn Management Policy Plan.
(6) Limitation On Variances. Variances snall not be granted
tnat woulÕ-permlt-any-structure-witnin any required yara, unless
otnerwise approved by tne Board of Adjustment pursuant to Section
5.5.000 of tne St. Lucie County Zoning Ordinance.
PART fIVE: POLICY STATEMENT ON THE BEACH-DUNE SYSTEM
Section 1-7.6-97 Beacn Ana Dune Protection.
All development snaIl comply witn tne following restrictions and
cr iter ia in order to protect against erosion, maintain nabi tat value
and productivity, maintain natural scenic values, prevent damage to
beacn and dune vegetation, and promote natural rebuilaing of tne dune
tnrougn wind forces.
(1) Definitions. For tne purposes of tnis section, tne
following terms-snail-nave tne indicated meaning:
(a) "Non-Rigid or Flexible Structures" include, but are not
limited to, beacn and dune restoration, sand fencing,
and stabilization witn beacn and dune vegetation to
reduce or control erosion.
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(b) "Rigid Structure" is a man-made or man-placed
inflexible installation witnin tne Dune Preservation
Zone or Indian River Lagoon snoreline including, but
not limited to, wooden, metal or plastic structures,
sucn as, jetties, sea walls, bulkneads, mound struc-
tures, rip-rap, revetments, groins, breakwaters, and
sandbags.
(2) Dune Preservation Zone Restriction. No development snaIl be
approved witnin tne Dune Preservation Zone otner tnan for non-rigid
or flexible structures, rigid structures, or otner snoreline
protection development; beacn access; beacn safety; approved sea
turtle researcn; and otner beacn dependent or public uses approved by
tne Florida Department of Natural Resources.
(3) Beacn And Dune Criteria. No development snaIl be approved
tnat wouTa-t~reatën-tne-stãbifity of tne frontal dune or beacn in
front of or adjacent to any parcel of land.
(4) ffQ~!Q~_fQ~~fQ!. All development snall comply witn tne
following criteria ln order to protect coastal area resources and
natural processes witnin tne Beacn-Dune Snoreline Area:
(a) Limitations. Erosion control measures snall be limited
to tnose tnat dO not interfere witn normal littoral
processes, sea turtle nesting and natcning activities,
or negatively impact coastal area resources.
(b) Replacement Of Damaged Structures. Damaged erosion
control structures may be replaced only witn structures
wnicn are compatible witn tne intent of SUbsection
(4)(a) and identified as necessary to protect existing,
previously approved development.
(c) Sea Turtle Protection. All erosion control projects
snall comply witn tne standardS set out in tne St.
Lucie County Sea Turtle Protection Ordinance.
Section 1-7.6-98 Dune Restoration.
All development snall comply witn
concerning site development and maintenance,
dune neignt elevations:
tne following criteria
beacn nourisnment, and
(1) Restoration Requirement. Dune restoration snaIl be required
for development wnicn requires a County permit wnen tne elevation of
tne existing dune is less tnan tne maximum neignt elevation specified
in SUbsection (4).
(2) Q~~lQQ~Q_~!l~~. Persons witn nabitable major structures
onsite snall be encouraged to maintain or restore tneir dune witn sand
and vegetation to tne maximum neignt elevation specified in Subsection
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~o~K561 PA&f2168
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(4). A nabitable major structure is a nouse, mObile nome, apartment
building, condominium, motel, notel, restaurant, tower, and otner type
of residential, commercial, or public building.
(3) Dune Restoration Witn Beacn Nourisnment. Dune restoration
wnere needed snall be an integral part of any proposed beacn nourisn-
ment plan.
(4) Q~~~_~~~!Q~~!lQ~_~~lQ~!_~!~~~!lQ~. All restored dunes,
unless otnerwise approved by tne State, snall nave tne maximum neignt
elevation specified below:
(a) one (1) foot greater tnan tne minimum required floOd
elevation for tne subject parcel of land; or
(b) equal to tne neignt of tne adjacent dune.
In no case snall tne restored dune be less tnan eignt (8)
feet in elevation above Mean Sea Level, i.e., tne nineteen (19) year
nourly average of neignts as defined by tne Florida Department of
Natural Resources in Cnapter 16B-33, Florida Administrative COde,
unless otnerwise approved by tne State.
Section 1-7.6-99 Dune Lanascaping.
All development snaIl comply witn tne following criteria and
recommenaations concerning tne use and maintenance of native dune
vegetation:
(1) ~!~!~~~_f~l!~~l~. One nundred (100) percent of all land-
scaping material used on tne frontal dune snaIl be composed of native
vegetation adapted to soil and climatic condi tions occurring onsite.
Efforts on tne part of tne public, community organizations, or regula-
tory agencies to restore native vegetation on dune systems snall be
encouraged and supported.
(2) Sprinkler Systems. Tne use of temporary sprinkler systems
to irrigate vegetated restored dunes snall be required. Once tne
vegetation nas become establisned, all irrigation snall cease and all
associated equipment snaIl be removed from tne dunes. Tne use of
permanent sprinkler or irrigation systems witnin tne Dune Preservation
Zone snall not be encouraged. Tne design and operation of sprinkler
or irrigation systems snaIl comply witn tne St. Lucie County Sea
Turtle Protection Ordinance.
PART SIX: SHORELINE ACCESS
Section 1-7.6-100 Snoreline Access Requirements.
All development wnen providing snoreline access snall comply witn
tne following requirements and criteria in order to protect tne
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functions and values of tne Estuarine and Beacn-Dune Snoreline Areas:
(1) Plan Requirement. All development snall include all proposed
public access points on tne development plan.
(2) Walkway Criteria. New access point walkways snall be designed
to avoid any adverse impact on tne natural environment, be adequately
landscaped, and include native vegetation. An irrigation system snall
be encouraged landward of tne Dune Preservation Zone.
(3) Landscape And Scenic Views. All new snoreline access points
snall be designed to preserve tne natural landscaping of tne site and
to ennance scenic views of Estuarine and Beacn-Dune Snoreline Areas.
(4) Estuarine Snoreline Criteria. All new access points to tne
estuarine-snorellne-snal-lãvolo-wetlãnd areas or be constructed on
elevated structures, wnicn permit tne flow of seasonal nign waters, as
defined by tne Florida Department of Natural Resources in Cnapter l6B-
33, Florida Administrative COde, and wnicn minimize snading of wetland
vegetation.
(5) Beacn-Dune Snoreline Criteria. All new beacn access points
and beacnfront parks snall be provided witn dune crossovers. Existing
public beacn access points snall be provided witn dune crossovers as
soon as practical to implement tnis provision.
(6) Motor Venicle Restriction Witnin Tne Beacn-Dune System.
Motor venicle traffic is nereby strictly pronibited witnin tne Dune
Preservation Zone witn tne following exceptions:
(a) Emergency venicles,
(b) County and private venicles approved by tne Florida
Department of Natural Resources (DNR) for use in beacn
cleaning and maintenance, or for otner DNR approved
uses,
(c) DNR approved sea turtle researcn venicles, and
(d)
Venicles on any paved surface, driveway,
or maintained unpaved surface existing
effective date of tnis ordinance.
parking lot,
as of tne
For tne purposes of tnis subsection, a maintained unpaved
surface snaIl mean any unpaved surface specifically designed or used
for pUblic and private venicular travel, wnicn is maintained for tnis
purpose by a public bOdy or otner autnorized organization or person.
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~O~K 561 i'AGf 21 iO
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PART SEVEN: ADMINISTRATIVE CONTROL
Section 1-7.6-101 Enforcement ano Penalties.
(1) Enforcement, appeal and remedy of matters related to tnis
ordinance snaIl be regulated pursuant to procedures establisned in
Cnapter 1-7.6, St. Lucie County Environmental Control Ordinance, and
Cnapter 83-511, St. Lucie County Environmental Control Act, Laws of
Florida.
(2) Eacn person wno commits, attempts to commit, conspires to
commit, or aids and abets in tne commission of any act declared nerein
to be in violation of tnis ordinance, wnetner individually or in
connection witn one (1) or more persons, or as a principal, agent or
accessory, snaIl be guilty of sucn offense and every person wno false-
ly, fraudulently, forcibly or willfully entices, causes, coerces,
requires, permits or directs anotner to violate any provision of tnis
ordinance is likewise guilty of sucn offense.
(3) Eacn day tnat a violation of tnis ordinance is continued or
permitted to exist witnout compliance snall constitute a separate
offense pursuant to Section 1-7.6-9, St. Lucie County Environmental
Control Ordinance, and Cnapter 83-511, Laws of Florida.
(4) No County permits or certificates of occupancy snaIl be
issued to any violator of tnis ordinance until tne violation(s) nave
been properly abated to tne satisfaction of tne County.
Section 1-7.6-102 Fees.
A scnedule of fees may be establisned by resolution of tne Board
in order to cover tne costs of tecnnical and administrative activities
required pursuant to tnis ordinance. An applicant for any development
tnat is Subject to tne rules and regulations set out in tnis ordinance
snall bear tne costs stipulated witnin sucn fee scnedule.
Section 1-7.6-103 Local Approvals Not Exclusive.
Approvals required pursuant to tnis ordinance snall be in
addition to and not in lieu of any federal, state, regional or otner
local approvals wnicn may be required for tne same or similar activi-
ties. Similarly, compliance witn provisions of tnis ordinance does
not excuse any person from naving to comply witn otner applicable
federal, state, regional or local laws.
Section 1-7.6-104 Conflicts.
In tne event tnis ordinance conflicts witn any otner applicable
regulations on tnis subject matter, tne more restrictive snaIl apply.
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~ObK 561 f;~GE 21 71
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PART EIGHT: SEVERABILITY
If any section, part of a sentence, paragraph, phrase or word of
this ordinance is for any reason held to be unconstitutional, inopera-
tive or void, for any person, property or circumstance, such holdings
shall not affect the remaining portions hereof and it shall be con-
strued to have been the legislative intent to pass this ordinance
without such unconstitutional, invalid or inoperative part.
PART NINE: APPLICABILITY
This ordinance shall be applicable throughout the unincorporated
area of Hutchinson Island in St. Lucie County, Florida.
PART TEN: 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 ELEVEN: 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 TWELVE: EFFECTIVE DATE
This ordinance shall take effect on January 1, 1988.
PART THIRTEEN: ADOPTION
After motion and second, the vote on this ordinance was as
follows:
Chairman Jack Krieger aye
Vice-Chairman Havert L. Fenn aye
Commissioner R. Dale Trefelner aye
Commissioner Judy Culpepper aye
Commissioner Jim Minix absent
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PART fOURTEEN: CODIFICATION
Provisions of this ordinance shall be incorporated in the County
Code and the word "ordinance" may be changed to "section", "article",
or other appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided that
Parts Eight through Fourteen of this ordinance shall not be codified.
DUL Y PASSED AND ADOPTED THISÇ~ ~
DAY OF
c'( ~DÞt'Y
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~O~K 561 PAGE 2173