§ 5.03.00. Wetlands Protection.  


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  • 5.03.01 Purpose and Intent. The Wauchula City Commission has determined that wetlands contiguous to waters of the state, and non-contiguous and isolated wetlands serve important functions in the hydrologic cycle and ecological system and therefore require protection. It is the purpose and intent of this Section to provide for the protection, maintenance, and enhancement of wetlands within the City of Wauchula in accordance with the adopted comprehensive plan, recognizing the rights of individual property owners to use their lands in a reasonable manner as well as the rights of all citizens to protection and purity of the waters of the City of Wauchula and their associated wetland ecosystems. It is further the purpose and intent of this Section to ensure that there is no net loss of wetlands as defined in this Code.

    5.03.02 Relationship to Other Requirements Relating to Wetlands Protection. In addition to meeting the following wetlands protection requirements, development plans shall comply with applicable federal, state, and water management district regulations. In all cases, the strictest of the applicable standards shall apply.

    5.03.03 Protection Zones Established. Two zones of protection for wetlands are hereby established. The protection zones shall be known as the wetland protection and wetland transitional zones.

    (A)

    Wetland Protection Zone. There is hereby created a wetlands protection zone in which special restrictions on development apply. The boundaries of this zone shall be the most landward extent of the following:

    (1)

    Areas within the dredge and fill jurisdiction of the FDEP as authorized by Section 403, F.S.

    (2)

    Areas within the jurisdiction of the U.S. Army Corps of Engineers as authorized by section 404, Clean Water Act or Section 10, River and Harbor Act.

    (3)

    Areas within the jurisdiction of the SWFWMD pursuant to Rule 40D-4, FAC.

    (4)

    Development requiring a permit or permits from one or more of the U.S. Army Corps of Engineers, FDEP, and the SWFWMD, shall have the most restrictive agency wetlands boundary determination recognized by the City as the wetlands boundary. The term most restrictive is used here to mean the boundary covering the largest area.

    (5)

    In circumstances where the natural boundary of wetland vegetation is unclear, the line of demarcation may be approximated at a surveyed elevation measured at a location in the same wetland where the natural line is clear.

    (6)

    In the event an undeveloped area has been recently cleared of all vegetation, the wetland boundary may be determined by a study of the soils, aerial mapping, photography, hydrology, and other relevant historical information.

    (B)

    Wetland Transitional Zone. There is hereby created a wetland transitional zone adjacent to each wetland protection zone. The transitional zone is an area having a direct ground- or surface water influence and functions as a buffer bed. The purpose of the transitional zone is to minimize the adverse effects of development upon the wetland itself. In no case shall a wetland transitional zone of less than 30 feet be approved.

    5.03.04 Permits Required. Except as provided in Subsection 5.03.05, no person shall remove, fill, drain, dredge, clear, destroy, or alter any wetland as defined in this Code without first submitting a wetland management plan to the Development Director and obtaining from the City a wetland alteration permit. This permit may be issued concurrently with any other land development permits issued by the City.

    5.03.05 Exemptions. Activities or development types that are exempted from this Section include:

    (A)

    Non-mechanical clearing of vegetation from an area of less than ten percent of the protected zone.

    (B)

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

    (C)

    Cleared walking trails having no structural components.

    (D)

    Timber catwalks and docks four feet or less in width.

    (E)

    Utility crossings.

    (F)

    Maintenance of drainage systems, including routine dredge and fill activities in ditches, retention and detention areas, public road, and other rights-of-way.

    (G)

    Bona fide mosquito control activities.

    (H)

    Activities approved by a federal, state, or regional agency prior to adoption of the ordinance that established this Section.

    5.03.06 Development Standards.

    (A)

    Wetland Zone. Except as otherwise provided in this Section, it is presumed that development will have an adverse effect on wetlands. No activities other than those listed below shall be undertaken in a wetland protection zone.

    Activities Permitted in Wetland Protection Zones. The following activities and development types generally may be undertaken unless the City determines in a specific case that a listed activity or development type would have a significant adverse impact on the wetland protection zone:

    (1)

    Scenic, historic, wildlife, or scientific preserves.

    (2)

    Minor maintenance or emergency repair to existing boat docks, walking trails, and timber catwalks.

    (3)

    Cultivating agricultural or horticultural products that occur naturally in the wetland.

    (4)

    Constructing fences where no fill activity is required and where navigational access will not be impaired by construction of the fence.

    (5)

    Developing a "Wetlands Storm Water Discharge Facility" in accordance with state permits received under Chapters 17-25, FAC.

    (6)

    Construction of foot bridges and vehicular bridges.

    (B)

    Upland Zone. All development in an upland zone shall be in accordance with the Future Land Use Map of the Comprehensive Plan and the zoning classification, and shall be designed, constructed, and maintained to avoid significant adverse effects on the adjacent wetland. Where a development site lies partly within the wetland zone and partly within the upland zone, the acreage within a wetland zone may be used to determine the total allowable units or square footage of development that will be allowed on a site. This development potential shall be transferred from the wetland zone to the upland zone.

    Special Standards for Upland Zones. The following standards shall apply within upland zones:

    (1)

    Natural vegetative buffer areas shall be retained between all development and all wetlands where such buffer areas exist. The minimum width of the buffer shall be 25 feet and the average of all wetland buffers shall be 40 feet. No structures shall be located in such areas. Impervious surfaces shall be limited to roads or walking trails providing access to a body of water. Where a natural buffer area does not exist, an equivalent buffer shall be created.

    (2)

    The developer shall completely restore any portion of a wetland zone damaged as a result of construction activity in the upland zone.

    (3)

    The City may require other reasonable protective measures to be undertaken within the upland zone as necessary to prevent significant adverse effects on a wetland. Protective measures may include, but are not limited to:

    a.

    Maintaining natural drainage patterns.

    b.

    Limiting the removal of vegetation.

    c.

    Minimizing the amount of fill used in the development activity.

    d.

    Prohibiting or limiting the use of septic tanks.

    5.03.07 Mitigation. The City Commission may require mitigation of adverse impacts on wetlands as a condition of development approval if it finds that such impacts are unavoidable. In such cases, action will be taken during or after development to reduce or counteract damage to wetlands areas. A mitigation plan approved by a federal, state, or regional agency shall be acceptable to the City. Mitigation shall not contribute to the production of mosquitoes by creating mosquito larval habitat or by eliminating habitat for predatory fish. The mitigation plan may include, but is not limited to, the following actions:

    (A)

    Preservation and maintenance regulations to reduce or eliminate the impact over time.

    (B)

    Compensation for the impact through enhancement of existing wetlands, reestablishment of wetlands that are no longer functioning, or the creation of new wetlands.

    (C)

    Repair, rehabilitation, or restoration of the wetland.

    (D)

    Specific design requirements based upon conditions of the site and the type of wetland to be created or restored.

    (E)

    Periodic monitoring to remove exotic or nuisance vegetation.

    (F)

    Preservation or creation of an appropriate habitat in an adjacent wetland zone.

    A developer of a compensatory mitigation plan shall grant a conservation easement in accordance with Section 704.06, F.S., and Section 5.05.00 of this Code on the newly purchased, created, enhanced, or restored environmentally sensitive lands to protect them from future development. A legal mechanism other than a conservation easement may be considered, if appropriate, to carry out the purpose of this subsection.

    5.03.08 Prohibited Ongoing Activities. The following standards apply to post-development activities taking place within any wetland or upland zone.

    (A)

    Clearing. Without an amendment to the development order, no person shall clear more vegetation than was permitted for the original development.

    (B)

    Handling and Storage of Fuel, Hazardous and Toxic Substances, and Wastes. No fuel or toxic substances shall be stored, transferred, or sold in a wetland or an upland zone.

    (C)

    Fertilizers, Herbicides, or Pesticides. Fertilizers, herbicides, or pesticides shall not be applied in a wetland, except for projects conducted under the authority of Sections 373.451—373.4595, F.S., the Surface Water Improvement and Management Act, and governmentally authorized mosquito control programs.