§ 5.02.05. Restricted development zone.

(a)

Generally. There is hereby created a restricted development zone adjacent to each protected environmentally sensitive area. This zone shall encompass all land within 500 feet of the boundary of the protected environmentally sensitive zone.

(b)

Development activities within restricted development zone.

(1)

All development in a restricted development zone shall be designed, constructed and maintained to avoid significant adverse effects on the adjacent environmentally sensitive zone.

(2)

The acreage within a protected environmentally sensitive zone may be used to determine the total allowable units or square footage of development that will be allowed on a site containing all or part of such a zone. This development potential may be transferred from the protected environmentally sensitive zone to the restricted development zone, as provided for in the clustering provisions in article X of this Land Development Code. Allowable development potential may not, however, be transferred from without the area encompassed by the restricted development zone and protected environmentally sensitive zone to within such area.

(3)

The following special design standards apply within restricted development zones adjacent to wetlands protection zones:

a.

Wherever possible, natural buffers shall be retained between all development and all protected environmentally sensitive zones. If a natural buffer does not exist, an equivalent buffer shall be created. The size of the buffer shall be the minimum necessary to prevent significant adverse effects on the protected environmentally sensitive area. The factual basis of the decision as to the size of the buffer shall be stated as a finding on the written record.

b.

The developer shall completely restore any portion of a protected environmentally sensitive zone damaged during construction. Complete restoration means that the damaged area shall, within five years, be operating as effectively as the natural system did prior to being destroyed.

c.

Other reasonable protective measures necessary to prevent significant adverse effects on a protected environmentally sensitive zone may be required. The factual basis of the decision to require the measure shall be stated as a finding in the written record. Protective measures may include, but are not limited to:

1.

Maintaining natural drainage patterns.

2.

Limiting the removal of vegetation to the minimum necessary to carry out the development activity.

3.

Expeditiously replanting denuded areas.

4.

Stabilizing banks and other unvegetated areas by siltation- and erosion-control measures.

5.

Minimizing the amount of fill used in the development activity.

6.

Disposing of dredged spoil at specified locations in a manner causing minimal environmental damage.

7.

Constructing channels at the minimum depth and width necessary to achieve their intended purposes, and designing them to prevent slumping and erosion and allow revegetation of banks.

8.

Dredging wetlands at times of minimum biological activity to avoid periods of fish migration and spawning, and other cycles and activities of wildlife.

9.

Designing, locating and constructing and maintaining all development in a manner that minimizes environmental damage.

10.

Prohibiting septic tanks in excess of one per two acres within the restricted development zone or locating them away from high groundwater areas and peaty soils.

11.

Using deed restrictions and other legal mechanisms to require the developer and successors to protect the environmentally sensitive areas and maintain the development in compliance with the protective measures.

(4)

The following special design standards applying within restricted development zones adjacent to conservation areas:

a.

All development shall be setback greater than or equal to 50 feet from the landward boundary of the conservation area.

b.

Total impervious surface, including, but not limited to, buildings, houses, parking lots, garages, accessory buildings and structures, driveways, pools and walkways is limited to 25 percent of the land area of the entire site.

c.

The development shall leave a minimum of 50 percent of the site as trees, shrubs or other natural vegetation, or replace existing trees at a minimum ratio of 2:1.

d.

Point source and nonpoint source discharges are prohibited, except for stormwater, which may be discharged only if it meets the following minimum standard. Stormwater discharges shall include an additional level of treatment equal to 50 percent of the treatment criteria specified in rules of the South Florida Water Management District, and shall provide offline retention or off-line detention with filtration of the first one-half inch of runoff of the total amount required to be treated. If the county or any state agency has a stormwater rule which is stricter than this standard, then the stricter rule or combination of rules shall apply.

e.

Siltation and erosion control measures shall be applied to stabilize banks and other unvegetated areas during and after construction. Sediment settling ponds shall be installed for stormwater runoff prior to the creation of any impervious surfaces. For lots or parcels that are cleared, silt screens shall be placed between the construction site and the water body to prevent erosion and siltation.

f.

Any channels constructed shall be of a minimum depth and width capable of achieving the intended purposes. Sides of channels shall reflect an equilibrium shape to prevent slumping and erosion and to allow revegetation.

g.

Any dredging shall be conducted at times of minimum biological activity to avoid fish migration and spawning, and other cycles and activities of wildlife.

h.

Any spoil that results from dredging shall be disposed of at upland sites and stabilized within 30 days, unless the spoil is causing turbidity or other problems, in which case the developer must stabilize the spoil immediately.

i.

If dredging changes the littoral drift processes and causes adjacent shores to erode, the developer shall periodically replenish these shores with the appropriate quantity and quality of aggregate.

j.

Septic tanks shall not be located closer than 150 feet from the normal high water. If septic tanks are allowed, there may be no more than one septic tank per acre of land.

k.

Environmental swales shall be constructed landward from any conservation area as prescribed by the development review (zoning) board.

(Ord. No. 91-6, § 3(5.02.05), 2-11-1992; Ord. No. 2016-01, § 13, 7-12-2016)