Loading...
HomeMy WebLinkAbout10 - Comp Plan_Conservation Element_Tab 10_01/14/2010 k � .,, ab. VILLAGE OF TEQUESTA COMPREHENSIVE PLAN CONSERVATION ELEMENT Goal: 1.0.0 To preserve and enhance the significant natural features in Tequesta. Objective: 1.1.0 To undertake programs to help achieve compliance with Federal air quality regulations. Policy: 1.1.1 Continue to landscape public areas and continue to require landscaping as a part of new private development. Objective: 1.2.0 Require future development to restrict off -site runoff of stormwater pollutants in accordance with drainage criteria established by the South Florida Water Management District and the Urban Best Management Practices established by area wide plans. Policy: 1.2.1 The Village shall maintain on -site stormwater retention /detention criteria established by Chapter 62 -302, F.A.C. and as administered by the South Florida Water Management District and Palm Beach County as part of its land development regulations. Objective: 1.3.0 The Village shall maintain landscape regulations that provide for the preservation of a minimum 60% native vegetation that is indigenous to South Florida on all new development and re- development sites. Policy: 1.3.1 The Village shall support the U.S. Department of Interior, Bureau of Land Management/ Palm Beach County Environmental Resource Management Department Land Stewardship Memorandum of Understanding to provide for joint management of the Jupiter Inlet Natural Area. The Village shall support preservation of 39 A TSY^ native plant and animal species on Eco -Site #61, a 52 acre parcel located east of US -1 and north of County Road 707 (Beach Road), as a component of this effort. Policy: 1.3.2 Continue to review all development applications in the context of the pervious cover and landscaping provisions of the development code; be particularly diligent in the review of any coastal zone projects such as any development in mangrove areas. Policy: 1.3.3 Work with County and State park officials to assure that any park improvements are sensitive to the mangrove and other vegetative /wildlife /marine habitats. Objective: 1.4.0 The Village shall require preservation of existing mangroves except where the proposed use is for a water - dependent or water - related land use deemed to be in the public interest in its mangrove protection regulations. Policy: 1.4.1 The Village shall require preservation or mangrove mitigation (i.e. replanting) through implementation of its adopted mangrove regulations. Policy: 1.4.2 Discourage development in coastal mangrove systems, except in cases shown by assessment of all pertinent factors to be not contrary to the public interest. Policy: 1.4.3 Notwithstanding the intent of Objective 1.4.0 of this element, the Village shall continue to restrict public works projects from disturbing existing mangroves except where such work is essential to the continued health, safety and welfare of the public. Objective: 1.5.0 The Village shall protect natural wildlife areas and environmentally sensitive lands by implementing the following policies. Policy: 1.5.1 Continue to preserve all existing wetland areas identified on the Coastal Zone & Conservation Map by adopting regulations that require the protection of 40 MI `�LLPIF, Y -a F Y. existing native wetland vegetation buffers adjacent to the Loxahatchee River and Indian River Lagoon estuaries. Policy: 1.5.2 The Village shall restrict development activities that may adversely affect the survival of endangered and threatened wildlife species and provide for the mitigation of development impacts on their habitats and food sources by requiring an environmental assessment at the time of a development or re- development proposal as part of the site plan review process. Objective: 1.6.0 To expressly prohibit new construction to take place Oceanside of the designated coastal construction setback line or in an area that would threaten the stability of either the primary dune or the beach itself, except as may be approved by the state. Policy: 1.6.1 No construction should be allowed that would threaten the stability of either the dune systems or the beach itself. All new construction should be restricted to areas landward of the primary dune line, except as may be approved by the state. Policy: 1.6.2 The Village should prohibit new development east of the State designated coastal construction setback line, except as may be approved by the State, or unless the Village establishes more restrictive provisions at the local level. In such cases, the local provisions should be adhered to. Policy: 1.6.3 The Village should establish new setback lines in local codes or ordinances if the state setback lines prove to be inadequate. Obiective: 1.7.0 The Village shall, through its landscape regulations, require the use of native vegetation to stabilize the dune system identified in the Coastal Zone & Conservation Map as described in the support documentation. Policy: 1.7.1 In the areas where beaches and dunes are being eroded, the Village should continue to encourage a multijurisdictional approach to stabilization and restoration projects, preferably by using native vegetation as a stabilizing medium. 41 Policy: 1.7.2 Where appropriate, previously disturbed indigenous vegetation areas should be renourished and replanted. Objective: 1.8.0 The Village shall require the dedication of public access easements for new developments in the coastal area. Policy: 1.8.1 When appropriate, the Village should seek means and innovative techniques to allow proper access to beaches while protecting the integrity of the dune system in such future beach acquisitions. Obiective: 1.9.0 Prevent certain motorized vehicles from driving on the primary dunes except in emergency situations. Policy: 1.9.1 Village ordinances and regulations should delineate which motorized vehicles are to be prohibited from driving on the primary dunes. Goal: 2.0.0 The complete consideration of identified use limitations in future coastal zone planning and management decisions by the Village. Obiective: 2.1.0 The Village Code of Ordinances shall provide for the continued conservation and protection of the quality and quantity of waters that flow into estuarine or oceanic waters within its jurisdiction by providing for the review of all development activities in or impacting the coastal area as part of its development review process. Policy: 2.1.1 The Village shall continue to require, as part of its development review process, the submittal of a drainage /environmental statement describing how the proposed development will affect the estaurine water quality of the Class III waters of the Village by amending its Code of Ordinances. Policy: 2.1.2 The Village shall review all proposed developments within the coastal area for consistency with on -going planning efforts for the Loxahatchee River 42 Estuary and the Indian River Aquatic Lagoon Aquatic Preserve by cooperating with the Palm Beach County Department of Environmental Resource Management and the Florida Department of Environmental Protection. Policy: 2.1.3 The Village shall continue to protect water quality and quantity by restricting activities and land uses known to adversely affect identified water sources such as natural ground water aquifer recharge areas and wellhead protection areas. Objective: 2.2.0 The Village shall recognize the unique estuarine environment of the Indian River Lagoon Aquatic Preserve and prohibit development along its shores that will destroy or disturb the vital sea grasses within its jurisdiction through its Code of Ordinances. Policy: 2.2.1 The Village shall continue to prohibit development or modification of the shoreline within the Indian River Lagoon Aquatic Preserve, with the following exceptions: 1) water - dependent and water - related land uses such as marinas, provided that the siting of such shall be consistent with the Marina Siting ordinance 2) modification or development deemed necessary for the continued health, safety and welfare of the public. Objective: 2.3.0 The Village shall provide for the protection of the Indian River Lagoon Aquatic Preserve by prohibiting development in the area that will degrade or otherwise adversely affect the water quality or wetlands of this unique estuarine environment through its Code of Ordinances. Objective: 2.4.0 Encourage local residents within the hurricane flood areas to utilize the flood insurance programs developed by the Federal Insurance Administration, such as the National Flood Insurance Program (NFIP). Policy: 2.4.1 The Village shall continue to make available to Village residents and developers information on flood zones, flood rates and flood insurance. 43 l Obiective: 2.5.0 The Village shall review its internal drainage system and analyze its capability of providing proper relief from flooding. Based upon this analysis, the Village shall provide for necessary improvements to the existing system through updates to the Capital Improvements Program. Policy: 2.5.1 The Village shall implement capital projects to provide stormwater drainage in accordance with its adopted Level of Service standard, and shall include these projects in its Capital Improvements Schedule, as it is annually updated. The Capital Improvements Schedule shall also include capital projects being implemented and funded by other agencies, such as the Jupiter Inlet District, to the extent that these projects impact the Village's ability to achieve its Level of Service Standard. Policy: 2.5.2 The Village shall continue to maintain land development regulations that limit the amount of impervious area permitted in the development of flood prone areas by enforcing minimum green space requirements pursuant to a master drainage plan for the coast area. Objective: 2.6.0 Maintain, create and expand outdoor recreational facilities in the coastal zone. Policy: 2.6.1 The Village shall continue to encourage public access easements to the beaches and shoreline in the coastal area through its Code of Ordinances. Policy: 2.6.2 The provision of public and recreational access to coastal areas should provide opportunities for appreciation of and education about coastal and wildlife resources, while not degrading or negatively impacting these resources. Objective: 2.7.0 Establish and maintain land use controls that will encourage recreational- oriented development and allow for future expansion of recreation facilities in desired areas of the jurisdiction. Policy: 2.7.1 The Village should consider lease arrangements of public areas to private entities to develop recreational facilities, when appropriate. 44 Objective: 2.8.0 Encourage air monitoring programs to continue throughout the area by local pollution control agencies. Policy: 2.8.1 The Village should continue to support efforts of local pollution control agencies to monitor air quality in the Village. Policy: 2.8.2 The Village should coordinate and cooperate with local pollution control agencies to assure appropriate local input. Objective: 2.9.0 The Village shall maintain water conservation measures to provide for emergency conservation of water services. Policy: 2.9.1 The Village shall maintain measures regulating the management of hazardous wastes and materials. Objective: 2.10.0 The Village shall maintain measures regulating the management of hazardous wastes and materials. Policy: 2.10.1 The Village shall maintain an ordinance regulating the storage and disposal of hazardous wastes and materials. Policy: 2.10.2 The Village shall provide for the management of hazardous wastes to protect natural resources through its local Haz -Mat team. Objective: 2.11.0 Tequesta will protect and conserve mangroves, wetlands and seagrasses to ensure that there will be no net loss of the existing natural resources within the Village. Policy: 2.11.1 Mangrove, wetlands and seagrass areas within the Village shall be deemed environmentally sensitive, in recognition of their many natural functions and values, and shall be protected from incompatible land uses. The Village shall afford protection to all these resources regardless of size. Policy: 2.11.2 The definition of mangroves and wetlands to be used for regulatory purposes by the Village shall be the most comprehensive definitions used by the South 45 OWE- I '�-1 Florida Water Management District, the Florida Department of Environmental Protection and the U.S. Army Corps of Engineers. Representatives of these agencies will be contacted for assistance in identifying the location of all wetland areas within the Village. Policy: 2.11.3 The location of mangrove and wetland areas shall be identified by survey at the time of site development review on a site -by -site basis. The Village shall not issue a development order or permit for a parcel until all wetland areas on that parcel or immediately adjacent to the proposed development have been identified and located. Policy: 2.11.4 No development, including residential development, shall be permitted within mangrove or other wetland areas unless project alternatives that would avoid mangrove and wetland impacts are unavailable and mitigation is provided by the applicant to offset adverse impacts. For purposes of this policy, sufficient mitigation is as required by Florida Administrative Code Rules 17- 312.300 through 17- 312.390. It is intended that all standards in these citations are to apply to all new development and redevelopment and that any exemptions or exceptions in these citations, including project size thresholds, are not applicable. Policy: 2.11.5 The Village shall permit the following within mangrove, seagrass and wetland areas: elevated piers, docks, and walkways of no more than five feet in width, unless vehicular access in the form of a golf cart or similar vehicle is necessary, in conjunction with a permit from the Florida Department of Environmental Protection, pursuant to Chapter 17 -27, F.A.C. Policy: 2.11.6 Within mangrove, seagrass and wetland areas, all piers, docks and walkways shall be constructed on pilings. Polite: 2.11.7 No pier, dock or walkway shall be located on submerged land which is vegetated with seagrasses except as is necessary to reach waters at a depth prescribed by the state Department of Environmental Protection. The docking terminus shall not be located over a seagrass bed. Policy: 2.11.8 Bulkheads and seawalls shall be permitted only to stabilize disturbed shorelines or to replace deteriorated existing bulkheads and seawalls. Riprap shall be placed at the toe of all replaced bulkheads and seawalls. 46 t , r Policy: 2.11.9 No dredging or filling shall be permitted within mangrove and wetland areas or on seagrass beds in the Village unless project alternatives that would avoid mangrove, wetland and seagrass impacts are unavailable and sufficient mitigation is provided by the applicant to offset adverse impacts. For purposes of this policy, sufficient mitigation is as required by Florida Administrative Code Rules 17- 3121.300 through 17- 312 -330. It is intended that all standards in these citations are to apply to all new development and redevelopment and that any exemptions or exceptions in these citations, including project size thresholds, are not applicable. Policy: 2.11.10 Drainfields for septic tanks shall not be permitted in mangrove and wetlands areas. Policy: 2.11.11 Graywater discharge shall not be permitted in mangrove and wetlands areas except as may be required by the Loxahatchee River District (LRD) and as permitted pursuant to Florida Administrative Code, Ch. 17 -610 and 17 -611, and with Village approval. Policy: 2.11.12 Require a buffer zone of native upland edge vegetation around mangrove and wetland areas to protect these areas from the impacts, including stormwater runoff, of adjacent development. The buffer zone shall consist of preserved native vegetation, including canopy, understory and ground cover. If there is no native vegetation on the site, a planted vegetative buffer shall be required. The buffer zone shall begin at the upland limit of any mangrove or wetland area, including the transitional vegetation zone, and shall be no less than twenty -five (25) feet in width at any point unless otherwise not achievable due to platting, right -of -way easements, utility easements, or existing access easements existing at the time of adoption of this comprehensive plan. Policy: 2.11.13 The Village shall continue to implement the Wetlands Protection Section of the Unified Land Development Code and shall continue to review and comment on wetland alteration applications being reviewed by other agencies to ensure that no activity results in the net loss of wetland values and functions. Ensure that the following steps are taken, in order, when assessing proposed activities that may result in wetlands impact: 1. Avoidance of wetland impacts, 2. Minimization of unavoidable wetlands impacts and 3. Compensation for wetland impacts through mitigation; Require, for any wetland that is degraded or destroyed, that mitigation be provided 47 through the creation of new wetland habitat, through the restoration of degraded habitat, or through the enhancement of functions and values provided by existing habitat. Mitigation efforts that include creating new wetland habitat shall be designed, constructed, and maintained in a manner which will reflect the habitat being altered, degraded or destroyed; Designate appropriate and inappropriate uses for wetlands, including the use of wetlands for wastewater treatment, to ensure that the functions and values of existing wetland systems are maintained or enhanced; do not allow activities that would diminish the functions and values of wetlands by altering the quantity or timing if water availability to existing wetlands or altering their water regimes; Require, when reviewing development activities adjacent to or within wetland areas, that a buffer zone of native vegetation, which may include canopy, understory and ground cover, as appropriate, be provided and maintained around all wetlands. The area requirements for the buffer zone shall be consistent with the Treasure Coast Strategic Regional Policy Plan; and support wetland creation, restoration, enhancement, and preservation and shall encourage public and private sector initiatives for these efforts. Policy: 2.11.15 The Village shall conserve and protect wetlands by directing incompatible future land uses away from wetlands; or where incompatible uses are allowed, mitigation shall be a means to compensate for loss of wetlands functions and consistent with Policy 2.13.4 of this element. Objective: 2.12.0 The Village shall implement measures to identify and protect native wildlife and their habitats, including state and federally protected plant and animal species (endangered, threatened and species of special concern), within proposed development sites, and protect these natural resources from the impacts of development. Policy: 2.12.1 Require the evaluation and proper management of native wildlife and vegetative communities including endangered, threatened, and species of special concern by requiring that all proposed development sites of 5 acres or more, regardless of use, be surveyed by an ecologist, biologist or other similar professional for the presence of State and federally protected plant and animal species. Criteria for site surveys shall be specified in the Village's land development regulations and are to be professionally accepted techniques for such surveys. Site surveys shall address the 48 3 , size and distribution of the native habitat, wildlife and listed species populations within a proposed development site, the feasibility and viability of on -site protection and management, whether the proposed development site includes a wildlife corridor, and the feasibility of maintaining the wildlife corridor. The survey shall also address the appropriateness of mitigation to an acceptable off -site location in the event that on -site mitigation is shown to be ineffective. Protection of any wildlife and protected plant and animal species found on the site and their habitat will be required as part of the overall development plan submitted for development approval. Policy: 2.12.2 The Village shall request the assistance of the U.S. Fish and Wildlife Service, the Florida Game and Fresh Water Fish Commission, Florida Department of Environmental Protection, or other applicable state or federal agency in the implementation of recovery programs for state and federally protected plant and animal species as part of the development plan for sites of 5 acres or more in size; or for sites less than 5 acres that are identified by state or federal agencies. Policy: 2.12.3 For development on sites less than 5 acres, the Village's land development regulations shall require the retention and use of native vegetation on -site to fulfill part of the landscaping requirements; require the protection of specimen trees (specimen trees shall be defined as those trees which have a diameter at breast height (dbh) of twelve inches or more); require the use of tree protection barriers during the time heavy construction equipment is used on -site for land clearing and delivery of building materials; and, require site development design using such techniques as clustering and locating driveways and roadways on the least environmental sensitive portion of the site. Obiective: 2.13.0 The Village shall require the conservation and use of native plant species in the developed landscape and prohibit the spread of exotic nuisance species such as Australian pines, melaleuca, Brazilian pepper and other species as set forth on the most current list supplied by Palm Beach County. Policy: 2.13.1 The Village shall require the use of native plant species in the landscaping of new development projects and additions to existing projects and require the removal of exotic nuisance plants from the sites of new development. 49 Policy: 2.13.2 The Village shall maintain and distribute a recommended native plant list and other educational materials to increase public awareness of the need to utilize native plant species in the developed landscape and eliminate exotic nuisance plants from exiting developed areas. Policy: 2.13.4 The Village shall maintain its program to plant native trees in public rights of -way and other public lands, whenever practical, thereby adding to the Village's aesthetic appeal and providing habitat for urban wildlife. Policy: 2.13.5 The Village shall develop programs on Village -owned or leased lands to eliminate exotic nuisance plant species. Obiective: 2.14.0 The Village shall seek to reduce greenhouse gas emissions and conserve energy resources. Policy: 2.14.1 The Village shall promote mixed use development, defined as a mixture of residential and non - residential land uses in a design- unified, pedestrian friendly environment with multi -modal transportation connectivity to other areas, at appropriate locations. A major purpose of mixed -use development shall be to provide opportunities to live, work, shop and recreate in a walkable area, and to reduce automobile dependence and greenhouse gas emissions. Policy: 2.14.2 The Village shall encourage the implementation of low impact development techniques and green building standards that reduce the negative environmental impacts of development and redevelopment by: locating building sites away from environmentally sensitive areas promoting the preservation of natural resources providing for on -site mitigation of impacts (i.e. retention and treatment of stormwater runoff, water reuse, Master Stormwater Management Systems); promoting energy conservation through design, landscaping and building techniques (i.e. solar power, increased tree canopies); promoting water conservation through landscaping and building design; ensuring environmentally friendly building practices (i.e. use of environmentally friendly building materials, recycled materials), and considering the development of a Green Building Ordinance and a related LEED Certification Program for development and redevelopment, including the development of a Neighborhood 50 Development Rating System that integrates the principles of smart growth, urbanism and green building into a national system for neighborhood design. Policy: 2.14.3 The Village shall seek to limit greenhouse gas emissions through the implementation of strategies to reduce the number of vehicle miles travelled. These strategies may include but not be the promotion of mixed use development that provides for a mixture of residential and non - residential land uses in a pedestrian friendly environment with multi -modal transportation connectivity to other areas; promoting the use of alternate transportation modes as specified herein, including mass transit, bicycles, and pedestrianism, and; requiring Transportation Demand Management Programs as a condition for development approvals. Objective: 2.15.0 The Village shall implement the Water Supply Facilities Work Plan to ensure that adequate water supplies and public facilities are available to serve the water supply demands of any population growth the Town may experience. Policy 2.15.1 The Village shall coordinate the planning of potable water and sanitary sewer facilities, water supply sources, demands, other services and level -of- service standards with the Loxahatchee River District, Palm Beach County, Martin County, South Florida Water Management District, and through the Lower East Coast Water Supply Plan Update, as necessary. Policy 2.15.2 The Village will cooperate with the Loxahatchee River District to jointly develop methodologies and procedures for biannually updating estimates of system demand and capacity, and ensure that sufficient capacity to serve development exists. Policy 2.15.3 If in the future there are issues associated with water supply, conservation or reuse the Village will immediately contact the Loxahatchee River District to address the corresponding issue(s). In addition, the Village will follow adopted communication protocols with the Loxahatchee River District communicate and /or prepare an appropriate action plan to address any relevant issue associated with water supply, conservation or reuse. 51 .Y Policy 2.15.4 The Village will encourage the use of high efficiency toilets, showerheads, faucets, clothes washers and dishwashers that are Energy Star rated and WaterSense certified in all new and retrofitted residential projects. Policy 2.15.5 The Village will encourage the use of Florida Friendly Landscape guidelines and principals; gutter downspouts, roof runoff, and rain harvesting through the use of rain barrels and directing runoff to landscaped areas; drip irrigation or micro - sprinklers; and the use of porous surface materials (bricks, gravel, turf block, mulch, pervious concrete, etc.) on walkways, driveways and patios. Policy 2.15.6 The Village will participate, when warranted, in the SFWMD's Water Savings Incentive Program (WaterSlP) for large -scale retrofits as recommended by the Lower East Coast Water Supply Plan. 52