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Flagler Beach |
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Code of Ordinances |
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Appendix A. LAND DEVELOPMENT REGULATIONS |
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Article IV. ENVIRONMENTAL AND CULTURAL RESOURCE PROTECTION |
§ 4.00.02. Allowed activities and development.
The following activities or uses within wetlands and required upland buffers adjacent to wetlands are exempt from the provisions of this section and may be allowed within the buffer area:
1.
Elevated walkways the purpose of which serves as a passage or path for walking and/or accessibility, clearly incidental to, and separate from the principal structure, typically constructed of wood or other environmentally friendly material, nature trails limited to soil, wood chips, mulch, or similar types of porous material, hiking trails, and/or walking paths constructed of natural materials or open grid concrete or open composite environmentally friendly materials (e.g. turf block or other similar precast design), not to exceed six (6) feet in width, observation decks, and other similar facilities related to passive recreational activities.
2.
Construction of minor drainage structures such as swales or outfall pipes.
3.
Excluding principal and accessory residential structures, structures or activities determined by a qualified environmental professional that would not have an adverse effect on the natural function of the wetland buffer (e.g. erosion control structures, elevated walkways).
4.
Pruning, or planting of suitable native vegetation approved by the city. Removal of exotic and nuisance plant species (See Note 1 and Note 2 following this section).
5.
Manual clearing with hand tools of vegetation adjacent to a wetland located on a single parcel providing the natural ecological functions of the wetland buffer (e.g., wildlife habitat; filtration of nutrients, pesticides, and fertilizers; reduction of light, noise and heat; etc.) are maintained.
6.
Utilizing this exemption does not relieve the applicant from meeting all applicable regulations listed in Article V., Section 5.04.00. Landscaping/Trees.
7.
Bona fide agricultural uses that follow best management practices established by the Florida Department of Agriculture and Consumer Services.
8.
Bona fide fire line control activities that follow best management practices established by the Florida Department of Agriculture and Consumer Services.
9.
Silviculture activities, which follow the best management practices, outlined in the publication entitled, "Silviculture Best Management Practices Manual", Florida Department of Agriculture and Consumer Services, Division of Forestry.
10.
Bona fide, approved, mosquito control activities conducted by a government-approved agency provided it is in strict conformity with the requirements as set forth in F.S. chs. 482 and 487, and Rules 5E-2 and 5E-9, Florida Administrative Code.
11.
Utility facilities including crossings, easements, or rights-of-way that are related to generation, distribution, collection, transmission, or conveyance of the utility service to its customers.
12.
Custodial maintenance activities of stormwater management systems.
13.
Authorized activities with approved Florida Department of Environmental Protection, St. Johns River Water Management District, or US Army Corps of Engineers permit(s) for wetland restoration, enhancement, monitoring, or mitigation activities.
14.
The installation of driveways to single-family residential units within existing recorded subdivisions where wetland crossings provide the only physical or legal access point, and provided that the wetland crossing maintains the existing wetland hydrologic connections and that best management practices are in place during construction activities to minimize wetland impacts.
15.
Activities qualifying for and obtaining a notice of general permit through the joint environmental resource permitting application are considered de minimis alterations and not subject to the permitting or buffering requirements of this LDC.
16.
Wetland impacts associated with access to a permissible use or a linear project if an alternative analysis for avoidance and minimization has been approved. This exemption also applies to Florida Department of Transportation public transportation projects.
17.
Activities that qualify for and obtain a state programmatic general permit (federal authorization delegated to the state) are considered de minimis alterations and not subject to the permitting or buffering requirements of this LDC.
18.
Activities determined to be de minimis under the Florida Statutes.
Notes:
(1)
Exotic plant species — For purposes of this section an exotic plant species is defined as any species that is non-native to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm or harm to human health (See Florida Exotic Pest Plant Council Invasive Plant List).
(2)
Nuisance pioneer plant species — A nuisance pioneer plant species is defined as a plant that first inhabits disturbed sites or raw soils, is non-native and the presence of which inhibits native species the opportunity to thrive.
(Ord. No. 2017-02, § 2, 5-11-2017)