HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 02_12/8/2021Agenda Item #2.
Environmental Advisory Committee (EAC)
STAFF MEMO
Meeting: Environmental Advisory Committee (EAC) -Dec 08 2021
Staff Contact: Thomas Bradford, EAC Chair Department: Environmental Advisory
Committee
Proposed Criteria for EAC Review of Environmental Issues Potentially Created by Future Development
Proposals Submitted to the Village for Approval
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Criteria for EAC Review of Environmental Issues Created by Future Development Proposals
Submitted to VOT 120821
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Agenda Item #2.
Village of Tequesta
Environmental Advisory
Committee
. V� L
To: Environmental Advisory Committee Members
From: Thomas G. Bradford, Chair, EAC rR
cc: NA
Date: December 1, 2021
Re: Proposed Criteria for EAC Review of Environmental Issues Potentially Created by
Future Development Proposals Submitted to the Village for Approval
Overview
At the EAC meeting in November it was requested by the membership that the EAC develop
criteria for EAC involvement in the VOT development review process in regard to any
environmental issues that may result from future proposed development. This memo addresses
issues to be considered in the development of criteria for EAC involvement in environmental
review of development proposals. There are six matters to be addressed in this regard, as follows.
1) First, let's set the table to ensure we are all on the same page. The EAC is an ad hoc
committee. This means that the EAC can be dissolved or sunset by the Village Council at
any time. A standing committee is one that has more permeance by virtue of typically being
created by ordinance such as the Planning and Zoning Advisory Board. The Village
Council can dissolve any committee at any time, but a standing committee created by
ordinance requires an ordinance dissolving the committee and this requires preparation of
an ordinance, and approval twice at two Council meetings, which takes two months or
more to accomplish. The point is the EAC was "informally" created by a resolution and
while we are here today, we can be gone tomorrow. Thus, we currently have no formal or
perpetual existence.
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Agenda Item #2.
2) Therefore, the first question for consideration is how does an informal or temporary
committee like the EAC interject itself into the development review process for
environmental review? It seems like a stretch to me to codify by ordinance the participation
of the EAC into the development review process for environmental matters. Why codify
something that is temporary? This is likely to be the response of the Village Attorney.
Alternatively, we could attempt to make the EAC a standing committee with specific
powers to, among other things, review all development proposals for environmental
impacts and mitigation related issues. Again, I think this is a stretch. None of the other
local environmental committees are standing committees that I know of. We are currently
advisory. If we became a standing committee, the implication is we would be doing
something of an independent nature, not advisory. Having the EAC become a standing
committee with some sort of independent powers has the potential of a long public debate
that most likely will not result in what some EAC members may want. Meanwhile, the
environment would continue to suffer.
3) However, there is another alternative that may be acceptable to the EAC and the Village.
See Section 78-334 of the Tequesta Code of Ordinances below and the yellow highlighted
section. The EAC can attempt to become a participant, or member of, the development
review committee (DRC). We can either make the case to the Village that the Director of
Community Development, Nilsa Zacarias, can designate the EAC, or a member thereof, as
a consultant on all environmental matters in the development review committee process or
that the Code can be changed to make reference to Village ad hoc committees, or members
thereof, being able to consult in the DRC process so long as it exists. I think we should try
convincing the Village that they should simply tell the Director of Community
Development that the EAC is to be presumed by her to be an able, no cost consultant to be
used in all called DRC meetings for an added focus on environmental review. If successful,
no Code change would be required and this would dovetail with our advisory function.
Alternatively, the VOT resolution that created the EAC could be amended to designate one
EAC member and an alternate to attend all DRC meetings for review and recommendations
on any noted environmental isues.
4) The next question is should the entire EAC be involved or a member and an alternate be
named to be on the DRC? Having up to seven of us show up at a DRC meeting is not
workable in the proposed simple plan of EAC participation in the DRC process and neither
is routing all development applications to us for environmental review at an EAC meeting
feasible with Florida's shot clock for timely completion of the review process. Another
problem is that if the full EAC attended the DRC meeting it would require public notice as
it would become a meeting open to the public. However, a number of communities in our
region have concluded a DRC meeting is subject to Florida's open meeting requirements
and I even recall a recent Attorney General Opinion indicating DRCs are subject to
Florida's Sunshine Law. However, to keep it simple and improve the chances of getting a
proposal approved for the benefit of the environment, I think it should be one designee and
RIA
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Agenda Item #2.
an alternate from the EAC as opposed to the entire EAC and the designee attends all
internal DRC meetings and the alternate only in the absence of the designee.
5) The next question is what shall be reviewed by those EAC members assigned to the DRC,
if approved? Instead of relying on others to determine if a project has environmental issues
requiring EAC members to attend the DRC meetings, let's keep it simple. Let's have our
assigned members represented at all DRC meetings decide for themselves if the project has
environmental issues that must be addressed. Even if environmental issues are raised about
a given project, while it would likely make into the DRC staff report, there is no guarantee
the Planning and Zoning Advisory Board or the Village Council would take any action on
any issues raised.
6) Lastly, what shall guide the EAC, or members thereof, in the DRC review process? To me
it's simple; the Code of Ordinances and the Comprehensive Plan. See below for specifics.
Comprehensive Plan
The VOT Comprehensive Plan is actually supreme to the Code of Ordinances in a number of respects.
The good news is, as we have seen in our review of the Comprehensive Plan at EAC meetings, the
Village Plan has many goals, objectives and policies that are directly related to environmental issues
and overall betterment, particularly in the Conservation and Coastal Management Elements of the Plan.
The not so good news is that there are many instances of such goals, objectives and policies where the
Village has indicated that it will be doing something, but has not implemented such as of yet. Therefore,
it will be important for the EAC or any EAC designees to always check the Comprehensive Plan to
bring to the attention of the DRC that the Village has indicated that it will do such and such and impress
upon the DRC the need to uphold the sanctity of the Comprehensive Plan and its goals, objectives and
policies intended or actually implemented.
The Comprehensive Plan can be accessed at this link for future reference:
htips://tequesta.org/DocumentCenter/View/I O655/2020-CLEAN-GOPS-COMPLETE-COMP-PLAN
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and:
https://tequesta.org/DocumentCenter/View/10259/Map Series FINAL-ua
Code of Ordinances
At a minimum, the VOT Code of Ordinances is going to spell out what some environmental issues are
that must be looked at and will tell you the process for how development applications will proceed
toward ultimate approval or disapproval. The remaining pages are some samples of Code sections that
may involve the EAC and the DRC process. This is not an exhaustive review of the Code. There may
be many, many more things will apply, but personally I think that in addition to obvious coastal issues
and protection of environmentally sensitive lands the DRC process and EAC involvement should also
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Agenda Item #2.
include stormwater review to minimize discharges into waterways, Florida Friendly Landscape
requirements compliance, and protection of existing and provision of new trees on private and public
lands wherever possible. And just for the record, I don't consider palm trees to be of any significance
relative to provision of shade, temperature control, and carbon capture. The recent literature on the
subject confirms this.
Sec. 78-334. - Application and review process.
Applications for site plan review shall adhere to the following procedures and
requirements:
(a) Preapplication meeting. A preapplication submittal meeting shall be held with the
applicant and his design team and the community development director and his
development staff, pursuant to section 78-332.
(b) Review by the development review committee. Upon receipt of all required plans,
exhibits and support documents from the applicant, including but not limited to seven
copies 11 X 17 sized, three copies full sized, and one copy in a digital format as specified
by the village of the documents required by section 78-333, the development review
committee, which is comprised of zoning, public works, police and fire department
representatives, and engineering, traffic and landscaping consultants, as well as other
department representatives or consultants as determined by the community development
director or designee, and as listed at section 78-331(g) shall review the submitted site
plan, and plans and requirements pertinent to the site plan, to ensure compliance with the
applicable site regulations, use regulations, parking regulations and all other technical
requirements. If the application is deemed by the development review committee to be at
variance with such regulations and requirements, further action on the site plan review
shall be stayed until such variance is resolved or appropriate application is made to the
planning and zoning board or the village council, as appropriate, and the necessary
variance is granted in accordance with article III of this zoning ordinance. If the
application is deemed by the development review committee to be in compliance with
such regulations and requirements, the application and all exhibits and any additional
comments of the development review committee concerning such application shall be
submitted by the community development director or designee to the planning and zoning
advisory board for further review in accordance with this section. The community
development director or designee shall submit such application for planning and zoning
advisory board review within 45 days of receipt of a completed application. Within 45
days of review by the planning and zoning advisory board, the community development
director or designee shall then submit such application, including the recommendations
of the planning and zoning advisory board, for village council review. However, for the
items specified in subsection 22-53(b), the planning and zoning advisory board has final
approval authority, and those items do not require further approval by the village council.
(c) Review by planning and zoning advisory board. Upon receipt of all required plans,
exhibits and support documents from the community development director, including but
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Agenda Item #2.
not limited to nine copies 11 X 17 sized, three copies full sized, and one copy in a digital
format as specified by the village of the documents required by section 78-333 and any
other exhibits deemed appropriate by the development review committee the planning
and zoning advisory board shall hold a public hearing to review, consider and make
recommendations to the village council, or take final action pursuant to section 22-53(b),
regarding the application. Notice of public hearing shall be advertised a minimum of ten
days in advance of the public hearing in a newspaper of general circulation in the area.
The owner of the property for which site plan review is sought or his agent or attorney
designated by him on the submitted application shall be notified by mail of the date and
time of the hearing.
(d) Review by village council. Upon receipt of all required plans, exhibits and support
documents from the community development director, including but not limited to seven
copies 11 X 17 sized, three copies full sized, and one copy in a digital format as specified
by the village of the documents required by section 78-333 and any other exhibits
deemed appropriate by the development review committee the village council shall hold
a public hearing to review, consider and act upon the application. Notice of public hearing
shall be advertised a minimum of ten days in advance of the public hearing in a newspaper
of general circulation in the area. The owner of the property for which site plan review
is sought or his agent or attorney designated by him on the submitted application shall be
notified by mail of the date and time of the hearing.
(e) Action by village council. After review, the village council shall grant approval, with
conditions, or deny the application and direct the building official to approve or withhold
approval of the building permit.
(f) Approval granted with conditions. When certain conditions are attached to the site
plan review, the conditions shall be stated in writing on the order granting site plan review
and shall become a part of the approved site plan. Conditions of approval shall be related
to the proposed development and shall be roughly proportional to the anticipated impacts
of the proposed development.
(g) Developer's agreement. The village council may require an applicant to enter into a
developer's agreement with the village if the village council deems such agreement
appropriate. If a developer's agreement is required of an applicant, it shall be set forth in
a recordable form, acceptable to the village attorney.
(h) Time limit for application for building permit. A building permit must be issued
within one year of the date of the site plan approval or the approval shall be nullified. In
the case of a site plan which provides for development phases over a period of years, the
village council shall set forth time within which application for building permit on each
phase shall be filed. If applications for building permits are not issued within these times,
the approval shall terminate and be deemed null and void unless such time period is
extended for one more year only by the village council upon written request of the
applicant, submitted to the village, prior to expiration of the site plan.
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Agenda Item #2.
(1) Application fee.
(1) Administrative costs. To cover all administrative costs incurred by the village in the
site plan review process, the applicant shall, upon submittal of the application for site
plan review, pay a fee in an amount as established by resolution of the village council
and on file in the village clerk's office.
(2) Additional costs. To cover any additional costs including, but not limited to
advertising costs, engineering fees, consulting fees, attorneys' fees and special studies,
which are not captured by the application fee, the applicant shall reimburse the village
for all such costs not later than 30 days after being invoiced by the village. Failure to
make such payment may be grounds for not issuing a building or zoning permit, or
certificate of occupancy or completion final.
(Ord. No. 42-13, § 1, 2-13-2014; Ord. No. 9-15, § 4, 6-11-2015)
Sec. 78-335. - Reviewing authority.
Development applications, unless otherwise provided by this chapter, shall be initially
reviewed by the planning and zoning board at a public meeting. The planning and zoning
board shall review and make a final determination on all applications over which it has
final jurisdiction in accordance with the provision of section 22-53. The planning and
zoning board shall make an advisory recommendation to the village council on
applications over which the board does not have final jurisdiction. The village council
shall review all applications over which it has final jurisdiction and decision -making
authority in accordance with provisions of section 22-53.
(1) Applications requiring review at a public hearing before the planning and zoning
board, local planning agency, board of adjustment and/or the village council include:
(a) Text amendments to land development regulations;
(b) Zonings or rezonings;
(c) Special exception uses;
(d) Variances relating to single-family properties and structures located within the R-
1 A and R-1 single-family dwelling districts of the village;
(e) Site plan reviews, site plan modifications, and extensions thereof;
(f) Amendments to the comprehensive plan, an element or a portion thereof, including
land use maps;
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Agenda Item #2.
(g) Abandonments of public property, including village -owned roadways and rights -of -
way; and
(h) Modifications to any approved development order.
(2) Applications for variances, except those within the jurisdiction of the planning and
zoning board pursuant to subpart (1)(d) above, shall be reviewed and final action taken
thereon by the village council at a public hearing.
(3) Applications requiring administrative review by the community development director
only include:
(a) All wall signs.
(b) Proposed new free standing signs not part of a site plan review application.
(c) Minor amendments to a site plan or special exception that were previously approved
by the village council may be approved by the director of the community development
department in consultation with other village staff, as appropriate. The following types
of amendments are not considered to be minor, and therefore are subject to review by the
village's planning and zoning board and/or the village council pursuant to section 22-53:
1. Any proposed increase or reduction in:
a. The square footage to any building;
b. Density;
c. The number of structures;
d. The number of residential dwelling units in a residential or mixed -use zoning district;
e. The building height of any building as specified by the adopted site plan that results in
increasing the number of stories;
f. An existing building or buildings proposed to be removed and replaced with a new
building or buildings; or
g. New businesses requesting approval for outdoor seating.
2. Significant changes to the approved site plan and/or special exception that create
cumulative impacts, including but not limited to increases in traffic, parking, additions
of square footage, changes in uses, recreation facilities and amenities, greenspace, and/or
other similar modifications which have the potential for a negative, adverse, or
undesirable impact as determined by village staff.
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3. Any increase in the proj ect's traffic.
4. Any amendments, which would significantly alter the character, and/or the appearance
of the development, or result in a decrease in the amount or quality of the approved
amenities. Such amenities shall include, but not be limited to, pools, clubhouses, common
parking areas for large vehicles and boats, exercise trails, public access to waters or
beaches, marinas, boat docks, tennis courts and racquetball courts.
5. Significant changes in architectural styles, colors or building materials that are
inconsistent with the approved site plans.
6. Changes to such items as a phasing plan or developer control, that substantially impact
the development.
(Ord. No. 7-19, § 31 4-11-2019; Ord. No. 02-21 , § 4, 3-11-2021)
Sec. 78-331. - Required; development standards; required facilities and infrastructure.
By the terms of this chapter, all permitted uses in all zoning districts except R- lA and R-1, all
special exception uses as approved by the village council which also include additional exterior
modifications, all requests to expand, enlarge or revise the site of an existing small scale exterior
or large scale special exception use, all planned residential development (PRD), planned
commercial development (PCD), and planned mixed -use development (PMUD), all
miscellaneous development and redevelopment, all subdivisions, and all uses or construction
lying partially or entirely in special flood hazard areas shall comply with the following:.. .
(n All proposed new development and major redevelopment, as part of the site plan review and
subdivision review process, shall submit a drainage/environmental statement describing how the
proposed development will affect the estuarine water quality of the class III waters of the village,
and also an environmental impact assessment study prepared by a qualified ecologist or other
professional qualified to do such an assessment. The study shall meet the requirements of chapter
50, article II, pertaining to environmentally sensitive lands.
(o) New development and redevelopment shall not be permitted within the coastal high -hazard
area of the village as defined in section 78-832 except in accordance with the mandates
of chapter 78 article XII.
Chapter 50 - NATURAL RESOURCE PROTECTIONM
Footnotes: --- (1) --- Editor's note Ord. No. 21-13, § 1, adopted August 8, 2013,
amended chapter 50 in its entirety to read as herein set out. Former chapter 50 pertained
to similar subject matter. See Code Comparative Table for complete derivation.
ARTICLE I. - IN GENERAL
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Agenda Item #2.
Secs. 50-1 50-30. - Reserved.
ARTICLE II. - ENVIRONMENTALLY SENSITIVE LANDS
Sec. 50-31. - Applicability; interpretation.
(a) All provisions of this article shall be effective within the incorporated areas of the
village, and this article shall set requirements to preserve and protect environmentally
sensitive lands.
(b) This article shall be liberally construed to effect the purpose set forth.
(c) This article shall apply to Ecosystems 61 and 63 as identified in the comprehensive
plan, and all proposed land development subject to site plan approval as established
in chapter 78.
(Ord. No. 21-13, § 1, 8-8-2013)
Sec. 50-32. - Purpose.
The purpose of this article is to preserve and protect the values and functions of
environmentally sensitive lands from alterations that would result in the loss of these
lands or significant degradation of their values and functions.
(Ord. No. 21-13, § 1, 8-8-2013)
Sec. 50-33. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Alteration means the result of human -caused activity which modifies, transforms, or
otherwise changes environmentally sensitive lands, including, but not limited to,
placement of vehicles, structures, debris or any other material objects thereon,
introduction or injection of water or other substance, and removal, displacement or
disturbance of plant or animal species, soil, rock, minerals or water.
Department means the department of community development of the village.
Dominance means the presence of species or communities in greater numbers, biomass
or areal extent than competing species or communities, or a scientifically accepted
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Agenda Item #2.
tendency of species or communities to achieve such a status under existing or reasonably
anticipated conditions.
Ecosystem means an assemblage of living organisms (plants, animals, microorganisms,
etc.) and nonliving components (soil, water, air, etc.) that function as a dynamic whole
through organized energy flows.
Endangered, threatened and rare species and species of special concern means species
listed as endangered, threatened, rare or of special concern by one or more of the
following agencies:
(1) U.S. Fish and Wildlife Service.
(2) Florida Game and Fresh Water Fish Commission.
(3) Florida Committee on Rare and Endangered Plants and Animals.
(4) Florida Department of Agriculture.
(5) Treasure Coast Regional Planning Council.
Environmentally sensitive lands means ecological sites or ecosystems, other than
wetlands, that encompass a high -quality native state ecosystem. Such a site will possess
at a minimum:
(1) Ecological integrity, indicated by:
a. An identifiable scrub habitat;
b. A high dominance of native species;
c. Characteristic spatial pattern and diversity of ecosystems; and usually
(2) One or more of the following:
a. Uniqueness.
b. Rarity.
c. Species listed as rare, threatened, endangered or of special concern by one or more of
the following agencies:
1. U.S. Fish and Wildlife Service.
2. Florida Game and Fresh Water Fish Commission.
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Agenda Item #2.
3. Florida Committee on Rate and Endangered Plants and Animals.
4. Florida Department of Agriculture.
5. Treasure Coast Regional Planning Council.
d. Historic identity or significance.
e. Archaeological identity.
f. Geologically significant features.
Habitat means the environment which supports and is co-dependent with native plant or
animal communities.
Mitigation means an action or series of actions that will offset the adverse impacts to the
native upland ecosystems in the village that cause a project to be nonpermittable.
Natural resources means an ecosystem component or attribute of unique or locally
significant value to man and nature.
Wetland means those areas characterized as wetlands pursuant to F.S. ch. 403 et seq., or
those areas characterized as isolated wetlands pursuant to F.S. § 373.414, and subject to
the rules and regulations of the state department of environmental protection and South
Florida Water Management District.
(Ord. No. 21-13, § 1, 8-8-2013)
Sec. 50-34. - Violations; enforcement; penalties.
Failure to comply with the requirements of this article or any permit or approval granted
or authorized under this article shall constitute a violation of this article. Violations of
the provisions of this article, upon conviction, shall be punished in accordance
with section 1-14. Additionally, damage to the environmentally sensitive lands may
result in an order to restore to pre-existing site conditions. In addition to the sanctions
contained in this section, the village may take any other appropriate legal action,
including, but not limited to, administrative action and requests for temporary and
permanent injunctions, to enforce the provisions of this article. It is the purpose of this
article to provide additional cumulative remedies. The provisions of this article shall be
enforceable by the village special magistrate.
(Ord. No. 21-13, § 1, 8-8-2013)
Sec. 50-35. - Designation of environmentally significant lands.
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Agenda Item #2.
(a) Lands shall be designated as environmentally significant if they contain a significant
amount of one or more of the following habitat types:
(1) Coast scrub.
(2) Xeric hammock or xeric scrub.
(3) Tropical hammock.
(4) Low hammock, temperate hammock or mesic hammock.
(5) Mixed hardwood swamp or hydric hammock.
(6) Pond apple slough.
(7) Cypress swamp.
(8) Freshwater marsh.
(9) Mangrove swamp.
(10) Oak forest.
(b) Native habitats other than those listed in subsection (a) of this section may also be
designated as environmentally significant if they are used by or contain federally listed
endangered or threatened species or state listed endangered species. Native habitats
actively used by or supporting state listed threatened species or species of special concern
may be designated as environmentally significant lands if they contain populations
critical to the listed species' survival within the region.
(Ord. No. 21-13, § 1, 8-8-2013)
• Sec. 50-36. - Exemption for prior alterations and existing uses.
(a) An exemption from this article is available for any project whereby, upon the effective
date of the ordinance from which this article is derived:
(1) The environmentally sensitive land had been altered prior to the adoption of the
ordinance from which this section is derived;
(2) The land alteration occurred pursuant to valid permits from all applicable regulatory
entities; and
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(3) The environmentally sensitive land no longer retains the natural values and functions
on which the designation of environmentally sensitive was based.
(b) This article shall not apply to existing legal uses for which, upon the effective date of
the ordinance from which this article is derived, a level of use has been documented.
Documented uses may continue at this same level; however, an increased level of use or
a change in use shall come under the regulatory scope of this article.
(c) An applicant who desires an exemption from this article must submit an application
for exemption to the department with accompanying evidence that he is entitled to the
exemption pursuant to this section. This application should include, at a minimum, a
description of the nature and date of this alteration, documentation of prior approval, a
site location map, photographs, an aerial photograph clearly delineating the location of
the property and other information that may be decided necessary by the village in review
of the application. The department shall make a determination of the applicant's
eligibility for an exemption and render a written decision thereon within 30 days of
receipt by the department of the application for exemption and all information necessary
to make the exemption determination.
(Ord. No. 21-13, § 1, 8-8-2013)
Sec. 50-37. - Exemption for single-family and duplex residential units and lands
owned by village.
All single-family and duplex residential units, as well as village -owned property, are
exempt from the requirements of this article. However, no single-family or duplex
residential unit will be exempt pursuant to this section if the units are part of an overall
development plan that is subject to preserving environmentally sensitive lands as subject
to a development approval.
(Ord. No. 21-13, § 1, 8-8-2013)
Sec. 50-38. - Exemption for vested development rights.
(a) An exemption from this article is available for any project for which, upon the
effective date of the ordinance from which this article is derived:
(1) A building permit has been issued;
(2) A site plan or master plan approval has been issued;
(3) A subdivision and/or plat approval pursuant to chapter 66 and the village land
development regulations has been issued;
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Agenda Item #2.
(4) A valid development of regional impact order has been issued;
(5) A complete application under subsection (a)(1), (2), (3) or (4) of this section was
submitted on or before the effective date of the ordinance from which this article is
derived; or
(6) A sufficiency notification for a development of regional impact has been issued by
the Treasure Coast Regional Planning Council.
(b) An applicant who desires an exemption from this article must submit an application
for exemption to the department, with accompanying evidence that he is entitled to the
exemption pursuant to this section. This application must include copies of supporting
documentation evidencing the applicable approval under subsections (a)(1) through (6)
of this section. The department shall make a determination of the applicant's eligibility
for the exemption and render a written decision thereon within 30 days of receipt by the
department of the application and all information needed to make the exemption
determination.
(c) Any project that has received a development approval pursuant to the criteria of this
article established in section 50-40 shall be exempt from further consideration.
(Ord. No. 21-13, § 1, 8-8-2013)
Sec. 50-39. - Review procedures for proposed land alteration.
(a) Any application to the department involving proposed alteration of environmentally
sensitive lands shall include an environmental assessment identifying the effects that the
proposed alteration would have on the property prior to receiving an approval
development permit. An application form developed by the department shall be
completed and submitted with the study by the applicant. It shall be the responsibility of
the department to review the study and prepare the evaluations and recommendations
specified in this section.
(b) The department's evaluation of the proposed alteration or development shall be based
upon the study submitted by the property owner or his designee. This study shall include,
but not be limited to, the following information:
(1) Application form.
(2) Site conditions.
a. Site location map, with the specific property clearly indicated (8V2-inch by 11-inch
format).
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Agenda Item #2.
b. Aerial photograph, with the specific property and acreage clearly indicated (scale one
inch equals 600 feet or less).
c. Map of existing terrestrial and aquatic vegetation, including exotic species and native
plant community types. A description of each native plant community type, including
canopy, understory and ground cover, shall be provided.
d. Soil types and conditions.
e. List of endangered, threatened and rare species and species of special concern found
on the site.
f. Colonial bird nesting or roosting areas or areas in which migratory species are known
to concentrate.
g. Archaeologically and/or historically significant features.
h. Geologically significant features.
i. Area of previous disturbance or degradation, including present and past human uses of
the site.
j. Surrounding land uses and environmental features.
3) Project design.
a. Conceptual footprint of site development, including buildings, roadways, parking
areas, utilities, water features, flood control structures, stormwater systems, wellfield
locations, landscaped areas, buffer areas, preserve areas, agricultural activities and other
open space areas, at the same scale and as an overlay to vegetation mapping detailed in
subsection (b)(2)c. of this section.
b. Existing zoning.
c. Status of development approvals, including permit applications.
(4) Project operation.
a. Description of proposed operations to be performed on the site, including use, storage,
handling or production of substances known to be harmful to plants and/or animals.
b. Identification of any pollutants expected to be emitted during project operation.
c. Identification of solid wastes generated and disposal methods expected to be used.
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Agenda Item #2.
(5) Project alternatives: Mitigation considerations should be proposed as they relate to
possible loss of habitat or impact on endangered, threatened or rare animal and plant
species, or species of special concern, subject to review and approval of the village. The
mitigation plans shall include a preservation management plan as defined in section 50-
40(3).
(c) Any additional information reasonably determined to be required by the department
must be requested by the department within 30 days of receipt of the information
specified in subsection (b) of this section. For the purpose of this article, the applicant
shall not have met the procedural requirements for the submittal of a complete application
for a development order until a complete environmental study report has been submitted.
(d) Upon receipt of the complete application, the department shall review and evaluate
the environmental impacts of the proposal in light of the goals of this article. The
department shall work with the applicant and other environmental agencies to provide
for the best possible development proposal to satisfy the goals of this article as well as
allowing for sound development of the property. The department shall make a
recommendation to the village council for consideration in issuance of a final
development order. For those projects that do not otherwise require a development order,
the department shall issue an approval by letter if the applicant meets the standards listed
in section 50-40.
(e) The applicant shall submit an application fee asset by resolution of the village council
and on file in the village clerk's office with the environmental study, in addition to any
other application fees required in the site plan review process. No application shall be
deemed complete without the specified application fee.
(f) The village shall have the right to hire a qualified specialist at the applicant's expense
to qualify and resolve any unanswered questions. If a specialist is utilized, a $300.00
deposit shall be posted with the village to cover or apply toward the specialist's fees.
(Ord. No. 21-13, § 1, 8-8-2013)
Sec. 50-40. - Approval criteria for proposed land alteration.
After consideration of the department's recommendations, the proposed land alteration
shall be approved by the village council if:
(1) The project design provides for the protection and preservation of the values and
functions of the environmentally sensitive lands;
(2) At a minimum, 25 percent of the environmentally sensitive lands shall be set aside in
a preserve status. Lands to be preserved shall be identified based upon the quality of
habitats, the presence of listed species, proximity to other natural areas and other relevant
factors. The village council shall have the option to designate the portion of
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Agenda Item #2.
environmentally sensitive lands which shall be preserved. Such areas shall be preserved
in viable condition, with intact canopy, understory and ground cover;
(3) A management plan of the preserve area shall be prepared by the applicant and shall
include, but not be limited to, eradication and continued monitoring and removal of exotic
species, and fencing requirements. Periodic controlled burning or other mechanical
methods that would simulate the natural processes of the natural historic fire regime may
be required for some areas, subject to review and approval of the fire marshal;
(4) For those lands identified for preserve status pursuant to subsection (2) of this section,
the applicant shall cause to be entered into the public records of the county a conservation
easement pursuant to F.S. § 704.06; and
(5) For a site on which endangered, threatened or rare species or species of concern (listed
species) are present, the following criteria can be satisfied:
a. The applicant successfully demonstrates that the proposed action will not preclude the
continued survival and viability of those listed species located on the site; and
b. If the applicant presents a plan for relocation, either on -site or off -site, for those listed
species, which has been reviewed and approved by all appropriate agencies.
(Ord. No. 21-13, § 1, 8-8-2013)
Sec. 50-41. - Appeals.
An applicant for a proposed land alteration may appeal a final decision of the department
pursuant to section 50-39, or of the village council pursuant to section 50-40, as
applicable, within 30 days of the rendition of the decision by filing a petition for writ of
certiorari in circuit court of the 15th Judicial Circuit in and for the county.
(Ord. No. 21-13, § 1, 8-8-2013)
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