90-O-3
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ORDINANCE NO. 90-0-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE-
WATER, FLORIDA, CREATING SECTION 9.6, ENTITLED "CITY OF
EDGEWATER MINIMUM STANDARDS FOR WETLANDS PROTECTION
ORDINANCE", BY PROVIDING FOR CERTAIN DEFINITIONS; BY
ADDING THE MINIMUM ENVIRONMENTAL STANDARDS FOR WETLAND
PROTECTION; BY PROVIDING FINDINGS OF FACT; BY PROVIDING
FOR PURPOSE AND INTENT; BY PROVIDING FOR STATEMENT OF
JURISDICTION; BY PROVIDING FOR PERMIT REQUIREMENTS; BY
PROVIDING FOR PERFORMANCE STANDARDS; BY PROVIDING FOR
ENFORCEMENT; BY PROVIDING FOR WETLAND IDENTIFICATION;
BY PROVIDING FOR ENVIRONMENTAL PLANNING; BY PROVIDING
FOR MITIGATION REQUIREMENTS; BY PROVIDING FOR BUFFER
REQUIREMENTS; BY PROVIDING FOR EXEMPTIONS; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater is located along the Indian
River Shoreline, a part of the Mosquito Lagoon Aquatic Preserve
(MLAP) and also an outstanding Florida Water which receives
special protection from the Florida Department of Environmental
Regulation, and
WHEREAS, these estuarine waters adjacent to Edgewater are
classified as Class II and Class III waters by Chapter 17-3.081
Florida Administrative Code, and
WHEREAS, according to Section 17-3.161, Florida
Administrative Code, Class II waters designated in Volusia County
are Indian River North-Channel Marker 57 South to Mosquito
Lagoon, Mosquito Lagoon to Indian River North, South to the South
Volusia County line, and
WHEREAS, sediments and nutrients from upland development
can overload and damage the natural system by turning wetlands
into a settling basin of pollution and unpleasant-smelling water
and
WHEREAS, wetlands in their natural state provide a
habitat for fish, shellfish, water fowl and other wildlife, and
WHEREAS, the loss of wetlands has been detrimental to the
estuarine water quality, and
WHEREAS, a wetland protection buffer will slow runoff,
pollutants and lessen the impact on this habitat.
NOW, THEREFORE BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1. Section 9.6 of the Code of Ordinances of the
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City of Edgewater, Florida, be and is hereby created to read as
follows:
Section 9.6 - Minimum Standards for Wetlands Protection
Section 9.6-1 - Definitions
For the puprpose of this ordinance, the following words and
phrases, when used in this ordinance, shall, for the purpose of
this ordinance, have the meanings respectively ascribed to them
in this ordinance, except where the context otherwise requires:
(1) "Altered wetland" shall mean wetlands which have been
substantially affected by development, but which continue to
provide some environmental benefits.
(2) "Buffer setback" shall mean upland areas adjacent to
wetlands which serve to protect the wetlands from the detrimental
impacts of development or alteration. The buffer shall include
canopy, understory, and groundcover which consists of preserved
existing vegetation or planted native species.
(3) "Best management practices (BMP)" shall mean management
practices as found in "Silviculture Best Management Practices
Manual", Florida Department of Agriculture and Consumer Ser-
vices, Division of Forestry.
(4) "Clear ing" shall mean the removal of any trees from the
land, but shall not include mowing or grubbing, or site prepara-
tion and harvesting carried out in accordance with bona fide for-
estry practices.
(5) "Developer" shall mean any person undertaking any de-
velopment.
(6) "Dredging" shall mean excavation by any means in water.
It also means the excavation or creation of a water body which
is, or is to be connected to waters, directly or via excavated
water bodies or a series of excavated water bodies.
(7) "Mitigation" shall mean actions, including, but not
limited to restoration, and creation of wetlands, required to be
taken by a person to compensate for environmental impacts of per-
mitted activities.
(8) "Wetland" shall mean transitional lands which are iden-
tified by being inundated or saturated by surface water or ground-
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water at a frequency and duration sufficient to support, and that
under normal circumstances do or would support, a prevalence of
vegetation typically adapted for life in saturated soil condi-
tions. The definition includes all contiguous and non-contiguous
wetlands to waters, water bodies and watercourses. Wetlands in-
clude, but are not limited to, swamp hammocks, hardwood hammocks,
riverine cypress, cypress ponds, bayheads, bogs, wet prairies,
freshwater marshes, tidal flats, salt marshes, mangrove swamps
and marine meadows. Wetland vegetation shall be determined as
provided in Rule 17-4.022, Florida Administrative Code.
(9) "Wetland boundary" shall mean that line or point where:
a. Vegetative species shift from dominately wetland to do-
minately upland species;
b. Highly organic and muck soils or other wetland soils
shift to sandy upland soils; and
c. Flooding, inundation or saturated soil indicators are no
longer present.
(10) "Wetland vegetation shall be as defined in Chapter
17-4.022, Florida Administrative Code.
Section 9.6-2 - Findings of Fact
The City Council of the City of Edgewater, finds the follow-
ing facts to be true and a sufficient basis, either individually
or in combination, to justify the restrictions which are set
forth in these minimum standards:
1. Both wetlands contiguous to waters of the state and non-
contiguous wetlands serve the following important functions in
the hydrologic cycle and ecological system:
a) Riverine wetlands and adjacent floodplain lands provide
natural storage and conveyance of flood waters.
b) Coastal wetlands and inland wetlands adjoining larger
lakes and rivers, act as barriers to waves and erosion.
c) Inland wetlands provide temporary storage of surface
waters during times of flood, thereby regulating flood elevations
and the timing, velocity and rate of flood discharges.
d) Wetlands reduce flood flows and the velocity of flood
waters, reducing erosion and causing flood waters to release
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their sediment. Wetland vegetation filters and holds sediment
which would otherwise enter lakes and streams.
e} Wetlands protect water bodies from sediments, nutrients,
and other natural and man-made pollutants. Wetland vegetation
filters sediment, organic matter and chemicals. Microorganisms
utilize dissolved nutrients and break down organic matter.
f} Coastal wetlands are important sources of nutrients for
the commercial fish and shellfish industries. Inland wetlands
are important to freshwater fisheries as spawning grounds.
g} Both coastal and inland wetlands provide essential breed-
ing and predator escape habitats for many forms of mammals,
birds, reptiles, amphibians, fishes and invertebrates.
h} Wetlands provide essential habitat for many rare, endan-
gered, and threatened species.
i} Wetlands provide excellent recreational opportunities
including, but not limited to, fishing, hunting, camping, photo-
graphy, boating and nature observation.
j} Wetlands are important as a source of ground and surface
water.
2. Considerable acreage of wetlands has been lost, and
their important functions impaired, by draining, dredging, fil-
ling, excavating, building, polluting, and other acts. Remaining
wetlands are in jeopardy of being lost or impaired by such acts.
The loss of important wetland functions are contrary to the pub-
lic health, safety and welfare.
Section 9.6-3 - Purpose and Intent
It is the purpose and intent of this regulation to provide
for the protection, maintenance, enhancement and utilization of
wetlands within the city of Edgewater, 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 Edgewater and their associat-
ed wetland ecosystems. It is the policy of the City of Edgewater
to minimize the disturbances of wetlands in the City and to encou-
rage their use only for the purposes which are compatible with
their natural functions and environmental benefits. It is furth-
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er the purpose and intent of this Ordinance to insure that there
be no net loss which are compatible with their natural functions
and environmental benefits. It is further the purpose and intent
of this Ordinance to insure that there be no net loss of wetlands
as defined herein. To this end, a wetland Management Plan shall
be required as provided herein.
Section 9.6-4 - Statement of Jurisdiction
All wetlands in the City of Edgewater, Florida are regulated
as provided herein and are hereafter subject to jurisdiction of
this Ordinance.
Section 9.6-5 - Permit Requirements
1. It is hereby unlawful for any person to engage in any
activity which will remove, fill, drain, dredge, clear, destroy
or in any way alter any wetland as defined in Section 9.6-1 with-
out obtaining a wetland alteration permit from the City in accor-
dance with the provisions of this Ordinance.
2. The City shall provide for applications and any condi-
tions thereof, variances, and appeal procedures in connection
with the issuance of a wetland alteration permit in conformity
with this Ordinance.
3. The City may adopt, or supplement permit requirements or
conditions issued from other Federal, State or regional permitt-
ing agencies for the same development.
4. In determining whether the development is permissible
under the provisions of this Ordinance, the City shall consider,
but not be limited to the following standards:
a. The ability of the wetland to receive, store and dis-
charge surface water runoff so as to contribute to hydrological
stability and control of flooding and erosion;
b. The ability of the wetland to recharge the groundwater;
c. The ability of the wetland to provide filtration and
nutrient assimilation from surface water runoff;
d. The ability of the wetland to provide habitat and signi-
ficant ecological function in the life cycle for fish, wildlife,
or other forms of animal or plant life;
e. The ability of the wetland to function as an integral
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part of any waters, water body, or watercourse;
f. The cumulative impacts of the proposed development on
the wetland system in combination with other developments which
have been or shall be proposed in the same drainage basin;
g. The technical feasibility of any proposed wetland mitiga-
tion plans and the likelihood of their success in restoring or
replacing the environmental benefit impacted by the development;
h. The capacity of the existing wetland to provide environ-
mental benefits because of such factors as maturity, size, degree
or prior alteration, physical relationship to other water sys-
tems, and adjacent land uses;
i. The degree of magnitude of the impact of the alteration
on the wetland and how such impact shall be minimized through
mitigation measures, either off-site or on-site, or both, and
recommendations concerning the appropriate location of said miti-
gation.
5. The City of Edgewater shall require an application for
said wetland alteration permit and it shall include, but not be
limited to:
a. Name of applicant;
b. Copies of all previously approved permits from Federal,
State or regional agencies;
c. The conditions of said permits or other approvals from
any Federal, State or regional agencies;
d. A sketch, map or survey with the type and extent of wet-
land mapped to scale, unless previously depicted on an approved
permit or application by Federal, state or regional agencies.
e. A Wetland Management Plan that shall contain sufficient
information for the City of Edgewater to evaluate the environment-
al characteristics of the wetlands, the potential and predicted
impacts of the proposed activities on wetlands and the effective-
ness and acceptability of those measures proposed by the appli-
cant for reducing adverse impacts. The Wetland Management Plan
should include but not be limited to a detailed analysis of the
following:
1) A description of all water bodies, water courses, and
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wetlands on or adjacent to the site;
2) A map of the natural systems on the site;
3) The existing environmental and hydrologic conditions of
the site;
4) A plan for control of erosion and sedimentation which
describes in detail the type and location of control measures,
and provisions of maintenance.
S) A detailed description of methods to be utilized in meet-
ing the standards listed in Section 9.6-6.
6) Other information which the local government may reason-
ably require to determine whether to approve the wetlands altera-
tion permit.
6. Upon presentation by the applicant to the City of Edge-
water of all required permits from the Federal, State or regional
agencies, the local government may issue a wetland alteration
permit, incorporating within said permit the general and specific
conditions which were previously made part of the permit from
said agencies.
7. The wetland alteration permit shall not be approved un-
less the Wetland Management plan clearly indicates that the pro-
posed development will meet the performance standards described
in Section 9.6-6.
8. The City may seek permitting delegation from any or all
of the Federal, State or regional permitting agencies exercising
jurisdiction and regulatory programs over wetlands and/or dredge
and fill activities.
9. The City shall establish a mechanism to inform the Feder-
al, State and regional agencies of alleged violations of its
dredge and fill or wetland rules and regulations.
Section 9.6-6 Performance Standards
1. There shall be no net loss of wetlands;
2. Any alteration of wetlands shall be mitigated in accor-
dance with the requirements of Section 9.6-9.
3. Wetlands shall be protected from sedimentation during
development activities;
4. Wetlands shall be protected or used in a manner which do
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not adversely impact their beneficial functions as provided in
Section 9.6-2.
Section 9.6-7. Enforcement
The City of Edgewater shall provide for the enforcement of
violations of this Ordinance and its wetland alteration permit,
(including all conditions attached to it by Federal, State or
regional agencies.) Such enforcement mechanisms shall include,
but not be limited to, stop work orders, injunctions or imposi-
tion of penalties, fines and liens as provided by law.
Section 9.6-8 Wetland Identification
The wetland boundary shall be as defined in Section 9.6-1.
In circumstances where the natural boundary of wetland vegetation
is unclear and when both parties agree, the line of demarcation
may be approximated at a surveyed elevation measured at a loca-
tion in the same wetland where the natural line is clear. In the
event an undeveloped area has been recently cleared of all vegeta-
tion, the wetland boundary may be determined by a study of the
soils, aerial mapping, photography, hydrology, and other historic-
al information as appropriate.
Section 9.6-9 - Mitigation Requirements
1. If an applicant overcomes the presumption that the
proposed activity will have a significant affect upon the
wetland, and the City finds the imposition of permit conditions
inadequate to minimize potential adverse environmental affects,
mitigation shall be required. The purpose of mitigation is
solely to compensate for unavoidable environmental impacts.
Mitigation should not be used to make an otherwise nonpermissible
project permissible. Mitigation plans should maximize the
preservation of existing natural resources. In determining
mitigation procedures, the mitigation includes the following
methods, in order of priority in which they should be utilized:
a. Avoiding the impact altogether by not taking a certain
action or parts of an action.
b. Minimizing impacts by limiting the degree or magnitude
of the action or its implementation.
c. Rectifying the impact by repairing, rehabilitating, or
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restoring the affected environment:
d. Reducing or eliminating the impact over time by preserva-
tion and maintenance operations during the life of the action:
e. Compensating for the impact by replacing or providing
substitute resources or environments:
2. Where all or part of a wetland is destroyed or substan-
tially altered by development, an acceptable mitigation plan
shall include at least:
a. Purchase of adjacent upland habitat:
b. Acre-for-acre replacement of the same type of wetland:
c. Specific design requirements based upon conditions of
the site and the type of wetland to be created or restored:
d. periodic monitoring to remove exotic or nuisance vegeta-
tion:
e. Monitoring and replacement to assure a specified surviv-
al rate of wetland vegetation for a reasonable period of time:
f. Mitigated wetland sites shall include an adjacent buf-
fer.
3. An acceptable mitigation plan shall be reasonably and
technically feasible. Mitigation through restoration of other
degraded wetlands is preferred over wetland creation.
4. Mitigation should take place on site or in close proximi-
ty to the wetland loss.
5. An applicant who carries out a compensatory mitigation
plan shall grant a conservation easement on the newly created
wetland and buffer to protect it from future development.
Section 9.6-10 Buffer Requirements
1. The City of Edgewater shall establish a buffer of not
less than twenty-five (25) feet adjacent to and surrounding all
wetlands. The buffer may coincide with the setback on a lot un-
der the Zoning Ordinance in effect in the City of Edgewater.
However, said buffer shall not impede reasonable access to a body
of water.
1. Activities which do not have a significant effect on the
natural function of the buffer may be allowed within the buffer.
The activities include, but are not limited to pruning, planting
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or suitable native vegetation, removal of exotic and pioneer
plant species, and the creation and maintenance of walking
trails.
Section 9.6-11 - Exemptions
1. Activities which may be exempted from this Ordinance
include:
a. Nonmechanical clearing the vegetation from an area of
less than ten percent (10%) of the wetland on a lot for otherwise
exempted activities;
b. Scenic, historic, wildlife or scientific preserves;
c. Minor maintenance or emergency repair to existing struc-
tures of improved areas;
d. Cleared walking trails having no structural components;
e. Timber catwalks and docks less than four (4) feet wide;
f. Bona fide agriculture uses;
g. utility crossing;
2. Silviculture activities which follow the best management
practices outlined in the publication titled, "Silviculture Best
Management Practices Manual", Florida Department of Agriculture
and Consumer Services, Division of Forestry, 1988. Provided,
however, failure to follow said practices shall be a violation of
this Ordinance.
SECTION 2. That all ordinances or parts of ordinances and
all resolutions in conflict herewith, be and the same are hereby
repealed.
SECTION 3. If any section, part of a section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
SECTION 4. This Ordinance shall take effect immediately
upon its adoption by the City Council of the City of Edgewater,
Florida, and approval as provided by law.
This Ordinance was introduced by Conncilman Gold
This Ordinance was read on first reading and passed by a
vote of the City Council of the City of Edgewater, Florida, and
approva 1 as prov ided by law, a t a Re~lllar meeting of
said Council held on the 5 day of February , 1990.
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The second reading of this Ordinance to be at a Regular
meeting of the City Council of the City of Edgewater, Florida, to
be held on the 5th day of March , 1990.
ROLL CALL VOTE ON ORDIINAANNCE NO. 90-0-3
SECOND READING:
EXCLS D
C cl man -Zone Tvus
Coun ne �rT7hhrrrelree,Ca
Councilman -Zone Four
��.�1 �' .:".,ordinance read and adopted on second reading at a
meeting of the City Council of the City of Edge-
water, Florida, and authen 'cated this ay of
1990.
Mayor