EXECUTIVE SUMMARY

The Goals, Objectives and Policies in this combined Conservation and Coastal Management Element address issues and concerns at the federal, state and local level. They are drawn from a number of sources and are intended to supplement, complement, and support those goals, objectives and policies established in the other elements of the 2010 Comprehensive Plan, particularly, those in the Future Land Use, Public Utilities, and Ports, Aviation and Related Facilities Elements, as well as those in the Port's Master Plan which accompanies this Element.

Special goals have been developed for each of the components of this element: air quality, water quality, fisheries, wildlife and native communities, wetlands, special management areas, beach management, safety, historic resources, level of service standards and marina regulatory and management techniques. This is done in the context of the City as a whole as well as a more detailed examination of the requirements of Chapter 9J-5 F.A.C. Three different boundaries have been derived for the coastal area depending on the context or topic of discussion. In order to avoid duplication of effort, complications involving infrastructure service areas, Levels of Service standards, forecasts of future needs and phasing of improvements, the entire City is considered as the coastal area. In the context of hurricane evacuation or hazard mitigation, the coastal area is defined as the hurricane vulnerability zone or hurricane evacuation zone. For discussing estuarine environmental quality, the coastal area shall be all occurrences of oceanic or estuarine waters in the City.

The goal of the water quality component speaks to the need to conserve, protect and improve the quality and quantity of the City's valuable water resources. The primary goal of the fisheries, wildlife and native communities component is to manage, enhance and preserve viable native communities, with special attention to endangered and threatened species. The goal of the wetlands component is to achieve no overall net loss of the City's remaining wetlands and to increase the quality, and if possible quantity, of these wetlands. Special management areas are intended as a mechanism for the protection of unique or especially sensitive areas. Five such areas have been designated and it is anticipated that this protection tool will play an important role in preserving these areas of special concern. The protection and preservation of the fragile beach and dune system is the goal of the beach management component. The safety, health and welfare of people and buildings in the event of a severe coastal storm or hurricane is the intent of the safety component.

The historic resources component is intended to support and enhance the goals of the Historic Preservation Element of the 2010 Comprehensive Plan, specifically addressing resources in the immediate coastal area. Level of Service standards are intended to ensure that the appropriate services and infrastructure are provided concurrent with development, and that development is consistent with the Future Land Use Element. Finally, the expressed goal of the marina regulatory and management techniques component is to ensure that new marinas are sited and operated in such a manner as to protect water quality, maintain propagation of fish and wildlife and maintain fishing, recreation and swimming.


GOALS, OBJECTIVES AND POLICIES

Goal 1

Protect, conserve and appropriately manage the natural resources of the City maintain or enhance environmental quality for present and future generations.

Issue: Compliance with National Air Standards

Concentrations of the six criteria pollutants as designated by the Environmental Protection Agency (EPA) are monitored in Jacksonville. These pollutants are: ozone, sulfur dioxide, carbon monoxide, nitrogen dioxide, lead, and particulate matter. National Ambient Air Quality Standards (NAAQS) have been established which specify the acceptable limits of exposure for the general public for different time periods for these pollutants.

Jacksonville's major air quality problem involves ozone, or photochemical smog. The City has been designated by the Environmental Protection Agency as a Non Attainment area for ozone for not complying with the NAAQS according to the Clean Air Act Amendments of 1977, Section 107(d).

A small portion of downtown Jacksonville near the shipyards was previously designated as a non attainment area for total suspended particulate (TSP) matter. Medical research, however, has determined that only very small particulate matter poses any health threat and the TSP ambient air standard has been replaced with a standard for particulate matter less than 10 microns in diameter, called PM10. Two years of past monitoring data indicate that Jacksonville will not be in violation of the PM10 standard.

All of Jacksonville is unclassified for sulfur dioxide (S02). Although no exceedances of the NAAQS for S02 have been recorded in Jacksonville since 1982, computer modeling projects that exceedances could occur under certain meteorological conditions. To become classified as attainment, it will be necessary to reduce S02 emissions to the point that computer modeling, projects no exceedances under any circumstances.

Jacksonville is in compliance with all other air pollution standards.

Objective 1.1 Achieve compliance with all National Ambient Air Quality Standards by 1995 and maintain compliance with those standards already achieved.

Policies

1.1.1 The Bio-Environmental Services Division (BESD) shall gather data regarding ambient air concentrations of all criteria pollutants in the City, and shall maintain and operate, in accordance with Environmental Protection Agency/Department of Environmental Regulation (DER) criteria, an ambient air quality monitoring network.

1.1.2 In support of achieving the NAAQS for ozone by 1994, BESD shall compile an emissions inventory of pollution sources and their respective contributions to ozone by 1992, participate in the establishment of a program to reduce vehicular emissions by 1991, and enforce DER rules to reduce emissions of those pollutants which form ozone.

1.1.3 BESD shall maintain and operate an ambient air monitoring network for PM10 in order to justify to the EPA the designation of Jacksonville as attainment for PM10, by 1991.

1.1.4 BESD shall continue the process of annually compiling an air quality data summary, for criteria pollutants, for comparison with the NAAQS.

1.1.5 In conjunction with DER, BESD shall adopt and enforce rules/standards to control emissions sources in order to comply with NAAQS.

1.1.6 BESD shall determine the total and relative contributions to air pollution by sources in Jacksonville via completion of a comprehensive biennial emissions inventory.

1.1.7 BESD shall process state permits for the operation of air pollution sources, and ensure via inspections/testing, that said sources comply with their respective permit conditions.

1.1.8 In support of having the City declared attainment for SO2, BESD shall perform computer modeling by 1992 to determine whether additional emissions reductions are necessary to demonstrate attainment by 1994, adopt any rules determined by the modeling to be necessary, and provide all supporting documentation to EPA by 1994.

Objective 1.2 Prevent air quality deterioration caused by growth and traffic congestion from causing NAAQS violations through participation in the Development of Regional Impact (DRI) permitting process and through participation in the Technical Coordinating Committee (TCC) of the Metropolitan Planning Organization (MPO).

Policies

1.2.1 BESD shall evaluate the air quality impact analysis in each DRI application for a project located in the City and in any sub-DRI projects that are required to provide such analyses. When the analyses shows that the additional impact of the proposed project may cause or contribute to a violation of NAAQS, the applicant shall be required to mitigate the adverse impact. In the event the City has not met the NAAQS for ozone by January, 1994, measures specified in the appropriate section of Title 1 of the Clean Air Act, amendments of 1990 will be implemented. Those measures, which have been determined to be the most effective strategy for achieving sufficient emissions reductions for attainment of the ozone standard include: Best Reasonably Available Control Technology (RACT) for existing major Volatile Organic Compound (VOC) sources, Lowest Achievable Emissions Rate (LAER) and 1.15 to 1 offsets for new VOC sources, an evaluation of the need to control emissions from major nitrogen oxides (NOX) sources, Stage II vapor control, and any additional measures necessary to achieve an average VOC emissions reduction of 3% per year.

1.2.2 When the potential for later phases of a project to cause or contribute to a violation of the NAAQS cannot be determined at the time of application for a DRI permit, the applicant shall be required to perform additional air quality analysis at such time as necessary data is available and demonstrate that no violations of the NAAQS are projected before proceeding with those phases.

1.2.3 BESD shall utilize existing modeling and/or ambient air monitoring to determine the number and locations of transportation network links and intersections identified as having increasing concentrations of carbon monoxide approaching NAAQS, and recommend consideration of abatement measures to the TCC of the MPO. Such assessment will be made at least every four years beginning in 1992.

1.2.4 BESD shall provide information regarding the air quality implications of traffic congestion and downtown parking to the public and to the TCC in order to encourage parking in the periphery of the City, utilization of mass transit, car and van pooling, and other transportation control strategies to reduce air pollution.

Objective 1.3 Reduce the pollution emitted by automobiles to the levels specified in Chapter 17-242.400 F.A.C., and sufficient to achieve the ozone NAAQS by 1994.

Policies

1.3.1 BESD shall analyze, in house, the data from the vehicle emissions testing program in the City annually, starting in 1992, to determine the quality and effectiveness of the program, and whether the projected emissions reductions are being achieved. If the analyses indicates that additional emissions reductions will be necessary to meet the 1994 date (specified in Policy 1.1.2) for achieving the standard, BESD shall develop a strategy in house to achieve the additional reductions and recommend the strategy to DER and the Department of Highway Safety and Motor Vehicles.

1.3.2 BESD will cooperate with EPA and DER in performing local vehicle inspections to determine the local rate of tampering via spot/random inspections by recommending appropriate inspection locations, seeking the assistance of appropriate law enforcement agencies, and providing public information concerning the program and inspection results.

Objective 1.4 Reduce the emissions from the storage, handling, and transportation of gasoline to the levels achievable through the implementation of Stage I Reasonable Available Control Technology (RACT) requirements and evaluate the economic feasibility of requiring Stage II, RACT requirements.

Policies

1.4.1 BESD shall continue routine inspections of service stations, tanker trucks, and petroleum tank farms to ensure compliance with Stage 1 requirements.

1.4.2 By 1992, BESD will develop Environmental Protection Board (EPB) rules to expand Stage I Reasonable Available Control Technology (RACT) requirements to all filling/service stations in the City.

1.4.3 By 1993, BESD will evaluate the cost/benefits of implementing Stage II RACT in Jacksonville, and implement if deemed justified.

Objective 1.5 Reduce emissions of odorous compounds which may be injurious to human, animal, or plant life or to property or which may unreasonably interfere with the comfortable enjoyment of life or property by ensuring source compliance with, Chapter 526, Ordinance Code, Rules of the EPB, and the Odor Attainment Plan.

Policies

1.5.1 BESD shall implement all the requirements of the Odor Attainment Plan by the dates specified in the Plan.

1.5.2 Using an annual inventory of odor emissions from regulated odor sources and an annual ranking of odor sources by citizen complaints, BESD shall determine whether odorous emissions and citizens annoyance levels are being reduced. If reductions are not being obtained BESD shall review existing regulations and activities for effectiveness and determine whether additional regulations or actions are required.

1.5.3 BESD shall continue to operate a network to monitor meteorological conditions for odor complaint investigations.

1.5.4 BESD shall develop a best management practices (BMPs) rule by 1991, to curtail odors emitted from terpene chemical plants.

1.5.5 By 1994, the City shall conduct an epidemiological study of the probable cause of the high incidence of lung cancer in Duval County.

Objective 1.6 As sufficient data and risk assessments become available regarding emissions and health effects of toxic and miscellaneous air pollutants, develop strategies to reduce emissions from identifiable sources of harmful pollutants.

Policies

1.6.1 BESD shall inventory emissions of select air toxic compounds as listed in Title III of the Clean Air Act and establish air toxics monitoring sites by 1993.

1.6.2 BESD shall adopt by reference all rules limiting emissions of toxic and miscellaneous pollutants adopted by DER within 1 year of the effective date of such rules.

1.6.3 BESD shall continue enforcement of State/federal regulations relative to asbestos, maintain analytical capabilities to identify asbestos fibers in support of enforcement activities, and conduct at a minimum, the number of asbestos inspections required by the annual US EPA 105 Work Plan.

1.6.4 BESD shall determine the economic feasibility of reducing emissions of pollution from open burning through an analysis of alternative methods of burning or disposal by 1993.

Objective 1.7 Provide information to the general public and improve public awareness concerning local and global air pollution problems and the effects of citizens' actions in creating or resolving them.

Policies

1.7.1 BESD shall provide public information regarding local air pollution concentrations daily through the Pollutant Standards Index.

1.7.2 BESD shall provide an annual summary of air pollution data to the EPB and in the Annual Report.

1.7.3 BESD shall provide information to the press and to civic and citizen's groups regarding global issues such as upper atmospheric ozone layer depletion, global warming, acid rain, etc.

Objective 1.8 The City shall promote the practice of efficient utilization and extraction of mineral resources.

Policies

1.8.1 The City shall require that new applications for mineral resource extraction be reviewed by the Planning Department and BESD for adverse environmental and land use impacts.

1.8.2 The City shall undertake a study of mineral resource extraction and prepare Land Development Regulations necessary to ensure adequate conservation, appropriate use and protection of areas suitable for extraction of minerals.

1.8.3 The City, through Land Development Regulations, shall require that all applications for mineral resource extraction contain a reclamation program which requires the reestablishment of the form and function of an appropriate land cover, as well as the implementation of all reclamation programs.

GOAL 2

Preserve, conserve, appropriately use, protect and improve the quality and quantity of current and projected water resources, including waters that flow into estuarine waters or oceanic waters, estuarine waters, groundwater and other waters in the City.

Issue: Water Quality Standards, Monitoring and Compliance

Water quality criteria specify concentrations of water constituents which, when not exceeded, are designed to protect the aquatic organisms, aquatic ecosystems, and prescribed water uses with an adequate degree of safety against common pollution sources and biological disruption measurable by set protocols. Such criteria may not directly address all pollutants nor do they directly regulate effects on habitat, also critical to productivity. Factors which are detrimental to water quality include industrial, commercial and residential wastewater disposal, agricultural and urban stormwater runoff, dredging, filling, channelization, shoreline modification, and shipping-related activities.

Water quality classifications are developed by the States to protect the actual or projected uses of the water. Thus monitoring of the ambient surface water and groundwater quality criteria provides a quantitative yardstick to measure the condition of our waters and their suitability for publicly designated uses.

The Water Quality Attainment Plan, adopted by City Council in October 1987, provides background data and descriptions of current conditions, and outlines general goals and objectives to be considered in meeting the attainment of water quality standards in Jacksonville.

Objective 2.1 Surface water, including estuarine water, and groundwater of the City shall meet water quality standards contained in Rule 17-3, F.A.C., and benthic habitat shall be of a quality to satisfy the objectives of Rule 17-3, F.A.C.

Policies

2.1.1 The City shall continue to implement programs, ordinances and rules in accordance with Chapter 360, Ordinance Code.

2.1.2 The City shall monitor water quality and develop new water quality standards and/or treatment criteria where state standards and criteria are not adequate to protect water quality.

2.1.3 Beginning in 1993, once every two years, BESD shall publish a list of natural water bodies, including estuarine waters, found to be not in compliance with water quality standards, and a plan and an implementation schedule to improve each such water body.

2.1.4 Beginning in 1993, once every four years, BESD shall conduct a biological assessment of the major tributaries of the St. Johns River and other major rivers within Duval County. This assessment will include identification and inventory of benthic habitat problem areas and a plan and implementation schedule to improve each problem area.

2.1.5 The City shall develop a Groundwater Recharge Area Protection Program to achieve protection of the City's groundwater aquifer recharge areas as identified in the program.

2.1.6 By 1994, the City shall develop and implement an agreement with DER and the SJRWMD to ensure that injection, drainage and absorbing wells are adequately regulated to prevent the introduction of water and/or contaminants which do not comply with the groundwater criteria of Rule 17-3, F.A.C., into confined aquifers.

2.1.7 In order to protect the groundwater resources, the installation of all wells shall comply with permits and/or rules and regulations of all local, state, SJRWMD, and federal regulatory agencies. These rules and regulations are currently under review by the City to determine if they are adequate to protect the local potable water supply during well installation. If they are not adequate, then local rules will be adopted in accordance with Section 163.3202(1), F.S.

2.1.8 The City shall enact a wellhead protection ordinance by April 1, 1991.

2.1.9 The BESD and the Public Utilities Department shall continue the cooperative groundwater quality testing and level monitoring program with the USGS and SJRWMD and expand the monitoring locations to include both recharge and recharge buffer areas, within one (1) year after identification of such areas.

2.1.10 The EPB shall not lower its adopted current water quality classifications in Jacksonville. Beginning with the next DER triennial review, BESD shall conduct a triennial review of water quality standards and water quality classifications to ensure that the water quality goals of the City are met.

2.1.11 The City will prohibit, in areas determined to be prime Floridan Aquifer recharge lands, industrial activities, septic tank use in subdivisions, and commercial activities utilizing or producing hazardous materials as identified by the Florida Department of Environmental Regulation.

2.1.12 The City shall continue to utilize its authority under Chapter 366, Ordinance Code to enforce water shortage emergencies declared by the SJRWMD. The City shall continue to recommend water shortage emergencies be declared when local conditions warrant following the procedures of Chapter 366, Ordinance Code.

2.1.13 The City will continue to coordinate with the SJRWMD in implementing the Surface Water Improvement and Management (SWIM) plan for the Lower St. Johns River by actively participating in all interagency meetings, work groups, and coordinated monitoring, assessment, and enforcement programs; by submitting contracts for work on the City portion of the lower basin; and by revising and commenting on revised SWIM Plans.

2.1.14 The BESD will continue to coordinate with DER through the Specific Operating Agreement regarding authority delegated by DER to BESD for regulatory activities and other specific programs within Duval County.

Issue: Wastewater Reuse and Disposal

Surface water and groundwater in Jacksonville receive waste loads from both domestic sewage (through point discharges from treatment plants and non-point seepage from septic tank systems), and industrial wastewater derived from manufacturing, oil and fuel storage, chemical handling, pulp and paper processes, etc. Increased growth has placed additional demands on our waters, land, and treatment and disposal systems.

Objective 2.2 The City shall require the proper disposal of wastewater, and encourage wastewater reuse.

Policies

2.2.1 The City shall continue to identify and prioritize septic tank problem areas and shall adopt regulations governing the design, location and maintenance of septic tanks.

2.2.2 The City shall require the proper disposal of wastewater in accordance with Objective 1.2 and its supporting policies in the Sanitary Sewer Sub-Element.

2.2.3 Permitting and enforcement of point sources of pollution shall be performed by BESD and the DER per local program agreement, to ensure that water quality standards are met, including those standards requiring a water-quality based effluent limitation based on assimilative capacity of the receiving body of water, and including the groundwater criteria of Rule 17-3, F.A.C., for wastewater effluent discharged to the ground.

2.2.4 Inspection and compliance sampling of point sources by DER and BESD shall be carried out at least annually.

2.2.5 By 1992, the City shall adopt a wastewater reuse ordinance in compliance with the City's consumptive use permit issued by SJRWMD.

Issue: Stormwater Management and Non-Point Pollution Sources

As agriculture and urban development covers more and more land area, wastewater treatment and control of stormwater drainage are increasingly important aspects of our water quality improvement programs. More surface area covered translates to faster runoff rates and increased pollution loads with less land available for absorption and filtration.

Stormwater runoff is the most significant surface water quality problem in the City and is the largest obstacle to water quality attainment in the future. Sediment from disturbed lands carried into the City's streams by runoff accounts for 60-90% of the sediment loading. Runoff from dairy lands contributes large amounts of bacteria and nutrients into the water. Urban runoff is the largest source of inorganic toxins in our waters. Lawns, streets, roofs, parking lots, and other surfaces of urban areas collect a variety of noxious pollutants. The runoff from the typical American city during the first hour of a storm may carry many more pollutants than that same city's untreated sewage would carry during the same period. The concentration of heavy metals in urban runoff may be 10 to 100 times that of sanitary sewage. In addition, herbicides, pesticides, fungicides, fertilizers and other chemicals are widely dispersed in the urban environment.

The City's Master Stormwater Management Plan will identify an optimum mix of regional treatment, on-site treatment and upland practices for existing and new development for each sub-basin in Jacksonville.

Objective 2.3 Reduce the potential for water quality degradation from stormwater runoff.

Policies

2.3.1 Increase cooperation with the SJRWMD in the permitting of new, urban non-point sources of pollution by taking the following actions:

A. By 1992, BESD will petition for SJRWMD rule changes in Chapter 40C-42, F.A.C., regarding more stringent treatment standards for stormwater facilities discharging to water quality limited streams.

B. By 1993, BESD shall identify water- quality-limited streams to SJRWMD.

2.3.2 By 1990, BESD and the Public Works Department shall adopt regulations to control construction-based erosion in city construction projects, and shall revise City maintenance programs to minimize water quality impacts.

2.3.3 By 2000, the City will finish the Master Stormwater Management Plan to the detailed basin level.

2.3.4 By April 1, 1991, the Public Works Department shall implement non-structural stormwater best management practices (pavement sweeping, etc.) in existing areas where stormwater retrofitting is proposed in the Master Stormwater Management Plan.

2.3.5 By 1993, the BESD will review all discharges from agriculture and silviculture operations to determine whether best management practices (BMPs) as determined by BESD, SJRWMD, Florida Division of Forestry, or Soil Conservation Service (SCS) are achieving water quality objectives. If not, by 1998, BESD shall implement EPB rules for agricultural and silvicultural BMPs; and by 2000, EPB shall adopt site specific watershed BMPs as developed jointly with SJRWMD, Florida Division of Forestry or SCS.

2.3.6 By 1992, the City will inventory the use of herbicides and pesticides on City owned or maintained areas, including those used to control mosquitos. By 1994, an assessment of alternatives to chemical use will be prepared, with the intent of reducing chemical pesticide use by at least 50% by the year 2000.

Issue: Dredging and Dredged Material Disposal for Navigation and Port Facilities

Dredging and dredged material disposal are necessary in order to maintain channel depths for port traffic as well as recreational boating and commercial fishing. This activity removes bottom sediment which has accumulated as a result of sewage and industrial discharges, upland runoff, erosion, and other natural processes. The controlled periodic removal of this material is preferential to allowing vessel traffic to continually re-suspend the material in the water column by traversing shallow areas. Detrimental effects of dredging activities can include bottom habitat disruption, turbidity in the water column, re-entertainment of toxins that have been sequestered in the sediments, sedimentation downstream, and burial of wetlands by spoil material.

The re-entertainment of toxins in the sediments is potentially fatal to larval and juvenile stages of fish and shellfish, and can also affect developmental sequences, lower disease resistance, or reduce growth rates. Many of the toxins sequestered in the bottom sediments of the St. Johns and its tributaries in the Jacksonville area are mutagenic or teratogenic. These include PCBs, hydrocarbons, heavy metals and pesticides.

Approximately 611,680 cubic meters of sediment a year are dredged from the lower 20 miles of the St. Johns River alone. Much of this dredged material has been placed on small islands or parcels of land adjacent to the channel. Erosion provides an opportunity for the dredged material to be re-introduced into the channel, thereby increasing turbidity and sedimentation problems. Historically, dredged material disposal and roadway construction have separated salt marshes to the north from the St. Johns River, restricting circulation and reducing the natural flushing action of the tide. Dredged material has and can sometimes be utilized for beach renourishment, landfill cover, and other positive benefits.

Improperly managed dredged material disposal sites (DMDS) can be a prolific source of salt marsh mosquitoes in Jacksonville, comparable to the flooded high marsh areas in periods of high astronomical tides (September and October).

Objective 2.4 The City shall, in coordination with the Jacksonville Port Authority (JPA), the Jacksonville Planning and Development Department (JPDD), BESD, the Florida Inland Navigation District, and the U. S. Army Corps of Engineers, develop a plan for dredging-related activities for the navigational channel terminal facilities and access channels. This plan shall provide for the protection of environmental resources while allowing for dredging and related activities necessary to maintain an operational port. This plan may be called 'The Plan for Dredging and Dredged Material Disposal for Navigation and Port Facilities', and will hereinafter be referred to as the 'Dredging Plan'.

Policies

2.4.1 By 1994, the Jacksonville Port Authority, in conjunction with other port facilities shall have adopted a 'Dredging Plan' which at a minimum addresses: seasonal impacts on sensitive life stages of finfish and shellfish; protection of endangered species, threatened species and species of special concern; disposal of dredged materials, including site selection, spoil leachate and runoff control; compensation and mitigation of habitat loss; and BMPs during dredging and disposal to preclude water quality violations.

2.4.2 By 1992, the City of Jacksonville and JPA will identify revenue sources within their respective budgets to assist in the implementation of the 'Dredging Plan' for the maintenance of the St. Johns River navigation channel and public port facilities. The City and JPA will also identify other potential funding sources (State or Federal). The funds may be utilized for development of the plan, the acquisition of spoil areas, special disposal techniques, mitigation, and transportation of spoil material away from the river.

2.4.3 By 1994, the City of Jacksonville, through Memorandum of Agreement with JPA, Corps of Engineers (COE), DER and individual dredging operators, will ensure that all contract dredging activities shall follow the dredging plan and otherwise be in compliance with the dredging plan. By January 1994, EPB will adopt local pollution control rules regulating port and navigation dredging and request that DER implement those regulations under the provisions of the local pollution control statute. BESD will request that DER give direct notice of permit applications.

2.4.4 By 1992, the City shall amend the Future Land Use Map series (FLUMs) by designating those areas which are appropriate and necessary for spoil disposal.

2.4.5 By 1992, the City will develop a plan to ensure that all dormant dredged material disposal sites (DMDS) are managed to reduce mosquito production and achieve the maximum available volume by compaction of the retained material, thus retarding the rate of construction of new sites required for channel maintenance. JPA and the Florida Inland Navigation District will be asked to assist in plan development.

Issue: Shipyard and Vessel Maintenance Impacts

Shipyard activities often are responsible for serious water quality impacts. Lack of proper containment of air, water, sand, and grit blasting materials and paint, rust, and metal particles result in entry of these materials into the river. The anti-corrosive and anti-fouling paints being removed are toxic to marine life, and often contain high levels of heavy metals. Practices must be improved to ensure protection of water and sediment quality in marine maintenance/construction areas.

Objective 2.5 The BESD shall develop a program for management of vessel construction, repair and maintenance areas to prevent water and sediment contamination.

Policies

2.5.1 EPB shall develop standards and adopt rules for BMPs not later than 1994.

2.5.2 By 1994, BESD shall develop a list of special maintenance problem pollutants and EPB shall establish restrictions on their use and disposal.

2.5.3 By 1991, BESD will review available literature and federal, state or local regulations relating to the manufacture, sale, distribution and use of tributyltin (TBT) antifouling paint to determine whether standards are adequate to protect the City's aquatic environment. If not, local EPB standards will be adopted by 1992.

Issue: Management of Chemical and Petroleum Releases

There are approximately 10,000 above-ground storage tanks and 7,000 underground petroleum storage tanks in the City. EPA estimates that one in every four underground petroleum storage tank systems is leaking or will be leaking within five years. No estimate is available for leakage in above-ground tanks. Aging gasoline storage tanks are increasing in numbers and station owners are either unaware of leaking tanks or do not get alarmed over small losses in their inventory. Improperly abandoned tanks and piping contribute to groundwater contamination. In some situations the conditions of groundwater movement at the site of a leaking tank are such that contamination of drinking water wells can occur within days.

On March 1, 1989, a program was begun by the new Hazardous Materials Activity of BESD to inspect underground petroleum storage tanks (including piping) for leakage. This program includes inspection of abandoned tanks and new installations.

There is a wide range of materials which are commonly used by households and small businesses which pose special problems when discarded improperly in the environment. Some are immediately poisonous in small quantities. Others may cause adverse health effects only after 20 years of exposure. Small quantities of hazardous materials can contaminate large quantities of water. As much as 400 tons of hazardous materials are improperly disposed of annually in the City landfills and sewer systems that are not designed and/or permitted to accept hazardous waste. The problem is the lack of either a hazardous waste collection facility for short term storage and transfer, or a treatment, storage, and/or disposal facility (TSDF). There is no such county or state facility in Northeast Florida. One state TSDF facility, to be located in Union County, is in the elementary planning stage but will not be in operation for at least three years. A county collection facility for Jacksonville would be required to receive, store, and ship hazardous wastes from households and businesses which generate between 0 - 100 kilograms per month. This collection facility would assure an environmentally safe disposal of the hazardous waste collected from these virtually unregulated generators. A state TSDF could perform multiple functions, i.e., neutralization, recycling, incineration, and some types of disposal. Disposal of high-risk materials would require proper packaging and shipment to an EPA approved disposal facility.

BESD's new Hazardous Materials Activity will concentrate in the following areas to complement the State or Federal programs:

1. Response to hazardous materials incidents.

2. Compliance monitoring of hazardous waste generators.

3. Compliance monitoring of underground petroleum storage tanks.

4. Local PCB regulation and inventory of sources.

5. Hazardous waste dump site monitoring.

EPB Rule 7 was adopted in June 1990 and will address spill plans and releases or willful discharges. Areas which remain to be addressed are above-ground chemical and petroleum tanks and marine fuel terminals.

Objective 2.6 The City shall reduce the potential for water contamination as a result of chemical spills.

Policies

2.6.1 The City shall inspect facilities with underground petroleum storage tanks on an annual basis to ensure compliance with Rule 17-61, F.A.C.

2.6.2 By 1993, the City shall inspect facilities with above-ground storage tanks of petroleum or hazardous chemicals every two years to ensure compliance with DER and the Fire Marshal's requirements.

2.6.3 By 1992, the staff of the Hazardous Materials Interagency Response Group shall report to the Environmental Protection Board and City Council on hazard assessment, safety requirements, emergency response and coordination of response, and financial responsibility for potential chemical and petroleum spills related to port and vessel activities, and recommend adoption of new local regulations or other measures where appropriate.

2.6.4 By 1990, the City shall require all commercial/ industrial hazardous waste generators to prepare and be capable of implementing a spill prevention control and countermeasure (SPCC) plan.

2.6.5 By 1990, the EPB will adopt proposed EPB Rule 7-Hazardous Materials Control directly regulating the discharge of hazardous materials which shall include the authority to levy substantial fines as an incentive for cleanup of spills by the responsible party.

2.6.6 The City will take action to recover City funds used to contain and/or remediate spills, and for restoration of the contaminated environment. By 1991, the City shall amend Chapters 360 and 364, Ordinance Code, addressing the Hazardous Waste and Spill Mitigation Trust Fund. Billing to recover City funds will be according to existing procedures.

Objective 2.7 By 1993, the City shall develop a hazardous waste management program for the proper storage, recycling, collection, transfer and disposal of hazardous wastes.

Policies

2.7.1 By 1993, the City's Solid Waste Disposal Division and BESD shall implement a public education program on the proper disposal of potentially hazardous materials to reduce the amount of these materials entering the solid waste stream.

2.7.2 By 1991, the City shall implement a permanent local 'amnesty days' program to facilitate proper collection and disposal of household hazardous wastes, as well as hazardous wastes from conditionally exempt small quantity generators (0 -100 kg/mo).

2.7.3 The City shall continue to operate a local household hazardous waste collection center. The City will assist the State in attempting to locate a treatment, storage, and disposal facility (TSDF) in Northeast Florida, by evaluating any potential sites in Duval County.

2.7.4 By 1992, BESD shall inventory and inspect all commercial and industrial hazardous waste generators on an annual basis.

2.7.5 By 1990, the EPB will adopt proposed EPB Rule 7-Hazardous Materials Control directly regulating the discharge of hazardous materials which shall include the authority to levy substantial fines as an incentive against unlawful disposal of hazardous materials.

2.7.6 By 1991, the City shall revise Section 360.801, Ordinance Code, to include certain minor violations of proposed EPB Rule 7-Hazardous Materials Control in the ticketing system.

2.7.7 Equipment known to contain PCBs, such as transformers and capacitors, shall continue to be identified, located, and inspected by BESD. BESD shall monitor each item including any leakage or spills, until the item is disposed of properly.

2.7.8 By 1990, the City shall review the DER criteria for evaluating the environmental hazards of old dump sites within the City and recommend modifications where necessary. By 1991, the City shall update the existing list, analyze and rank the known sites of City-involved contamination for priority cleanup. Following this ranking, the City will develop a remediation action plan for these sites.

Issue: Protection of Estuarine Marshes and Riverine Wetlands

Wetlands are extremely beneficial in their ability to provide several natural functions. Their role in maintaining water quality is vital to Jacksonville's river systems. Wetlands mitigate the effects of pollutant-laden urban runoff upon the receiving water bodies by acting as pollution filtration systems, trapping sediment and debris and removing heavy metals, pesticides, and other toxic substances. This is the result of the assimilative capacity of the vegetation, the detrital microbial population and the benthic microorganisms, and the absorptive and adsorptive capacity of the soils.

Removal or destruction of natural vegetation disrupts natural filtration processes which protect water quality. Cumulative impacts of small wetland losses can be very significant to riverine systems. Rising sea levels will further limit marsh and wetland areas.

Wetlands which are contiguous to tributaries and primary river channels are just as much a part of a river as the water itself. All rivers need wetlands; urban rivers need wetlands more than any other river.

Objective 2.8 The City shall protect the hydrological and ecological benefits of flood plain areas, such as water quality, fish and wildlife habitat, and prevention of downstream flooding.

Policies

2.8.1 By 1992, the City shall have defined the surface hydrology of the area to determine flood plain vulnerability and sensitivity, and will determine appropriate protection measures.

2.8.2 A land acquisition program for appropriate flood plain areas to be purchased shall be included in the City's Special Management Areas Program, with funding provided through the Jacksonville Land Trust.

2.8.3 By 1993, the City shall develop a plan to better protect appropriate floodplain areas for the public benefit, and to restore degraded floodplain areas. This plan may include consideration of:

A. Land acquisition;

B. Regulation, including setbacks, buffer zones, designated wildlife corridors, low density zoning, performance standards and open space requirements; and

C. Incentives, including tax benefits and transfer of development rights.

Issue: Flood Plain Management

Extensive flood plain areas exist in the City due to the slight elevations of land above sea level and the relatively flat topographic relief of the land surface. Flood plain areas exist around the St. Johns River and its tributaries as well as around the coastal lagoon and salt marsh system.

In addition, there are large areas within Jacksonville's interior which experience periodic flooding. These flood prone areas are generally the result of flat, poorly drained land where accumulated rainfall runs in a sheet flow or ponds on the surface.

Flood plain areas, if left undisturbed, provide valuable assets for man. They protect uplands from the erosion and flooding caused by overflowing waterways and serve as storage areas for increased stormwater runoff from the upland areas.

Wetlands associated with streams play an important role in flood control by providing storage, slowing flood waters, reducing flood peaks, and increasing the duration of the flow. Other hydrologic functions include shoreline anchoring and erosion control, and groundwater recharge and discharge.

While it may be technically possible to replace some of the flood protection functions for a limited time through structural improvements, the costs for initial construction and continual maintenance are not economical in the long run. Removal of portions of land from use as a flood plain area will shift those flood waters to another area, thus causing more flooding or new flood problems elsewhere.

Flood plains also perform certain invaluable ecological functions which cannot be duplicated by man. Flood plain areas and their surrounding riparian habitat provide the most productive and the most critical habitat for a variety of fish, wildlife, and plant species. The periodic inundation of flood plain areas provides an essential link in the transport and cycling of nutrients.

The City has a Flood Plain Regulation contained in Chapter 652, Ordinance Code. The regulation addresses construction and building codes within the certain zones as determined by the Flood Insurance Rate Maps (FIRM) developed by the Federal Emergency Management Agency (FEMA). The intent of the Flood Plain Regulation is to limit or minimize damage to structures caused by flooding and to avoid contamination of waters by waste disposal systems.

The hydrological and ecological benefits to be gained by protection and proper management of flood plain areas can be further addressed through land use planning and land development regulations.

Objective 2.9 The City shall reduce the rate of soil erosion caused by land development and other human activities, known to have experienced soil erosion problems.

Policy

2.9.1 BESD shall continue to inspect land development sites during all phases of construction and post construction for compliance with required erosion and sediment control plans.

GOAL 3

Manage, preserve and enhance viable native ecological communities in order to protect and improve the functions of natural systems and the distribution, productivity and diversity of native plants, animals and fisheries, particularly those species which are endangered, threatened, of special concern, or have high ecological, recreational, scientific, educational, aesthetic, or economic value.

Issue: Data Gathering

Jacksonville lacks current comprehensive inventories and maps of sensitive natural resources. Most vegetative cover maps of the City are based on 1975 aerial photography. Wildlife habitat estimates were made from 1976 and 1978 data. Considerable land development has occurred since that time.

Objective 3.1 To develop a current high-quality data base on vegetation and wildlife within the City.

Policies

3.1.1 The City will strongly encourage the SJRWMD to complete promptly the Wetlands Vegetation Inventory for the City. The City will provide assistance to facilitate the prompt completion of the inventory and mapping.

3.1.2 By 1991, in conjunction with the Special Management Areas Program, the Jacksonville Environmental Lands Selection Committee shall list in order of priority the most productive and most ecologically valuable areas in the City for expeditious acquisition and management efforts. Attention shall also be given to identifying areas that have suffered environmental damage but that show promise for restoration to all or part of their past productivity. The 2010 Comprehensive Plan will be amended following completion of this priority list.

3.1.3 The City shall, by 2000, acquire and implement a computerized Geographic Information System (GIS) with the capacity to map and analyze natural resource conditions.

3.1.4 The Public Works Department shall prepare aerial mapping to provide one foot contours for GIS by 1995.

3.1.5 By 1997, the City shall have performed a ground reconnaissance to inventory all systems.

Issue: Public Education

Public awareness and environmental education are crucial to the success of the City's conservation and protection programs. Understanding of the City's native plant communities and wildlife species and their requirements will promote protection efforts. These voluntary efforts are essential to our environmental resources.

Objective 3.2 To increase public knowledge of environmental problems, solutions and goals of the City, especially in relation to environmentally sensitive areas, native Florida wildlife, listed species, and their habitat.

Policies

3.2.1 The City shall assist the Florida Department of Natural Resources, the Florida Game and Fresh Water Fish Commission, and the U.S. Fish and Wildlife Service in developing an education program to increase public knowledge of the existence, habitat, and survival requirements of this area's native wildlife, including listed species and other rare Florida animals. The City shall sponsor a conference at least once every two years beginning no later than 1992, to educate the public, landowners, developers, and agency representatives on the wildlife and wildlife habitat of Northeast Florida, including good management practices for native species and vegetative communities.

3.2.2 By 1994, the City shall develop and implement a program to educate landowners regarding good management practices to manage and protect listed species, rare Florida animals and native upland and wetland communities. The City shall invite the participation of the Jacksonville Chamber of Commerce, the Surface Water Improvement and Management (SWIM) Program, the Duval County School Board, and other agencies and organizations in developing this program. Part of this education program will include active sponsorship and participation by the City in the series of conferences described in Policy 3.2.1

3.2.3 By 1994, the City will petition the Duval County School Board for the inclusion of a significant organized environmental education program such as Project Wild sponsored by the Florida Game and Fresh Water Fish Commission (FGFWFC), in the curriculum of the Duval County public schools.

3.2.4 The City shall continue to support staff within BESD to increase public knowledge and awareness of local environmental issues such as the St. Johns River cleanup, non-point pollution, air quality and air toxins, hazardous materials disposal, wetlands values, native species, rule changes, and new regulatory requirements. This staff will continuously work with other public agencies, environmental organizations, the Duval County School Board, and the Jacksonville Chamber of Commerce to facilitate the public education process.

Issue: Conservation and Protection of Native Plant Communities

Jacksonville's original forest cover has been drastically altered by successive cuttings since the eighteenth century. In the continually expanding urban areas, little remains of the original vegetation. Coniferous forests dominate the undeveloped land area. Most of the remainder of upland forests is in pine plantations. Only about two percent of the total upland forested area is dominated by hardwoods. Mixed forests located on wetlands and very poorly drained sites cover about 15 percent of the county. Upland forests and mixed forest comprise the major terrestrial wildlife resources, especially for deer. Shrub and brushland, along with less intensively managed agricultural land, such as pastures and old fields, form the next most important wildlife resources. These areas can be well suited for large populations of game bird species. Wildlife species are important components of the modified and more natural communities in the area.

Protection and management of viable communities of Jacksonville's remaining native plants and wildlife habitat is highly desirable. Management strategies will include land acquisition, incentives to landowners, and regulatory mechanisms.

Objective 3.3 The City shall conserve, appropriately use, protect and manage environmentally sensitive lands (native plant communities and wildlife habitat) to maintain the natural ecological community types and sustainable populations of wildlife native to the City.

Policies

3.3.1 By 1993, the City shall establish a Jacksonville Land Trust to acquire and manage environmentally sensitive lands.

3.3.2 By 1994, the City shall prepare and implement a land acquisition program for acquisition of at least one example of each important native plant community occurring in the City of sufficient size and quality so that each will remain a viable ecological community.

3.3.3 The City shall promote wildlife preservation and conservation of natural systems and the long-term maintenance of natural systems through such means as establishing wildlife sanctuaries, refuges, riverine preserves, wildlife management areas, parks and open space by buying or acquiring other interests in the land.

3.3.4 By 1993, the City shall develop and implement positive financial incentives to encourage landowners and developers to protect or preserve listed species, native plant communities, including viable tracts of native communities within developments.

3.3.5 By 1992, the City will prepare a plan for informing landowners and developers of the availability of technical assistance from State and federal fish and wildlife agencies concerning the on-site status of the following native communities: beach dunes and coastal strands, dry prairies, maritime hammocks, scrubs, shell mounds, sand hills, mesic flatwoods and seepage slopes.

3.3.6 Following the production of the sensitive natural resources map in 1992. The City shall, by 1993, determine whether current land use and management techniques are sufficient to ensure the proper conservation and management of wildlife habitat and viable communities of the following upland native plant communities: beach dunes and coastal strands, dry prairies, maritime hammocks, scrubs, shell mounds, sand hills, mesic flatwoods and seepage slopes. If these techniques are determined by the City to be insufficient, additional regulatory measures and positive incentive measures such as Transfer of Development Rights, waiver of Zoning Code requirements, and mitigation banking shall be proposed, by 1993. The 2010 Comprehensive Plan will be amended as these actions occur.

3.3.7 By 1991, the City shall revise the Land Development Regulations to ensure the preservation of native habitat vegetation during land development activities, either through maintenance of natural vegetation on any project site, or through the planting of native vegetation, by requiring that at least 50% of all plantings incorporated in an approved landscape plan for any project site after development consists of native vegetation suitable to that site, and by requiring that at least 60% of all post-development vegetation is indigenous to the City.

3.3.8 The City has amended the Jacksonville Landscape and Tree Protection Regulations to increase the penalties for violation thereof, which penalties include mitigation, jail sentences, severe fines and withholding of building and development permits.

3.3.9 The City shall implement the programs specified in the Wetlands Policies and Special Management Areas Policies in this element in order to ensure the protection and restoration of the ecological functions of wetlands.

Objective 3.4 The City will protect, conserve and appropriately use native ecological communities shared with or adjacent to State and federal lands and other local governments.

Policies

3.4.1 The City shall coordinate with adjacent cities and counties, State and federal agencies, other owners of lands held in the public trust, and the Northeast Florida Regional Planning Council to protect unique communities located along the City's border by enforcing land use and development regulations with regard thereto.

3.4.2 By 1995, the City shall develop a procedure with the appropriate counties to meet regularly to discuss upcoming land development projects that would have an impact on native ecological communities in more than one jurisdiction.

3.4.3 The City shall cooperate with and assist adjacent local governments to assure compliance with all State and federal regulations pertaining to endangered and rare species living in such 'shared' ecological systems, by meeting quarterly to discuss any new State or federal regulations.

Issue: Protection of Wildlife

There are numerous listed and nonlisted species of plants and animals occurring in Jacksonville which require special protection efforts. Many factors may cause the need for a species to be listed as threatened or endangered, but the principal factors are associated with human impacts and species habitat destruction.

State-listed species of special interest to the City include the wood stork, burrowing owl, red-cockaded woodpecker, Florida black bear, gopher tortoise, Florida pine snake, eastern indigo snake, Sherman's fox squirrel, bald eagle, West Indian manatee, southern lip fern, spoonflower, needle palm, Florida hartwrightia, and Bartram's ixia.

Objective 3.5 Protect and manage endangered, threatened and species of special concern so there is no reduction in numbers of species that are found in the City and no significant loss of population size. Conserve and protect the functional values of areas of native wildlife habitats which require special protection efforts.

Policies

3.5.1 By 1993, the City shall develop specific land acquisition and wildlife management area programs for listed and nonlisted species as part of the Jacksonville Land Trust and the Special Management Areas Program.

3.5.2 Following the production of the sensitive natural resource map in 1992, by 1993 a study will be completed, to analyze the data obtained to determine what regulatory programs are needed to protect listed plants and animals and other wildlife. The study will include a specific review of those plant species listed by the State of Florida which are not also federally listed plant species to determine whether they require additional protection. Upon completion of the study, the 2010 Comprehensive Plan shall be amended to reflect the data and analysis and the goals, objectives and policies shall be reviewed for consistency with the additional information, and if necessary, be appropriately amended. By 1993, the City shall establish additional Conservation land use designations and/or ordinances or rules as needed to conserve and protect sustainable populations of listed animal species and other significant wildlife, federally listed plant species and those state-listed plant species as determined in the referenced study. Where compatible uses are allowed, mitigation may be required on or off-site to help compensate for adverse impacts. Positive incentives, as described in Policy 3.3.6 will be part of this regulatory program.

3.5.3 By 1994, the City will review agency regulations and best management practices of silviculture and agriculture operations to determine whether these operations are adversely impacting those species referenced in Policy 3.5.2 and the upland habitats listed in Policy 3.3.6. The City will request assistance in this review from the Division of Forestry and wildlife agencies. If detrimental impacts are occurring, BESD shall implement EPB rules for agriculture and silviculture BMPs by 1996, which specifically includes practices for the protection of these species and upland communities.

In addition, the City shall monitor the Division of Forestry's review of the best management practices as they relate to wildlife and propose amendments to the 2010 Comprehensive Plan based on the review by the Division of Forestry. In the event the Division of Forestry does not complete its review of best management practices as they relate to wildlife by the time the City's Evaluation and Appraisal Report (EAR) is due, the City shall recommend changes to the 2010 Comprehensive Plan in the EAR.

3.5.4 By January 1, 1992, the City shall implement a program which: (1) defines those areas of native wildlife habitat in need of special protection efforts but not otherwise subject to regulation and protection by State and U.S. agencies and (2) requires either preservation of a portion of the wildlife habitat in need of special protection or equivalent preservation by means of on-site or off-site mitigation. The program shall include provision for transfer of land use density credits from those areas being preserved to areas of the site proposed for development, and other compensation measures as appropriate. The Land Development Regulations will be subsequently amended. This policy does not preclude additional regulatory and incentive measures for the conservation and management of wildlife habitat and native plant communities from being developed per policy 3.3.6.

3.5.5 By January 1993, the City shall establish an interim land development review process for the assessment and protection of listed species and their habitat, which shall apply to issuance of development permits and land clearing, excluding bona fide silvicultural and agricultural activities. Projects which contain areas identified for protection shall be required to incorporate creative project designs through utilization of such measures as clustering, mixed land use designations and transfer of development rights programs. For purposes of Policy 3.5.5 the term listed species shall be limited to listed animal species as defined in the Definitions Section of this Element.

A. All proposed developments or land clearing, with the exception of bona fide silvicultural or agricultural activities, which are located on all or part of a parcel or contiguous parcels of land containing 50 acres or more under common ownership on the effective date of the 2010 Comprehensive Plan shall be reviewed by the City to determine if the site contains listed species.

B. A listed species survey shall not be required for:

1. lands depicted on the most recent Land Cover Map published by the St. Johns River Water Management District (SJRWMD) to be:

a. barren land

b. agriculture

c. urban land

d. transportation and utilities, and/or

e. tree plantations

2. areas identified as wetlands where a listed species survey was required through other local, State, regional or federal regulations or programs or those wetlands which will be protected in their natural state through such regulations or programs.

The City reserves the right to modify the land cover designation of any site where reliable information available to the City indicates that the land cover is different than the land cover depicted on the most recent Land Cover Map published by the St. Johns River Water Management District (SJRWMD). Before the City modifies the land cover designation on any site, the property owner and the SJRWMD shall be given an opportunity to comment on the reliability of the information provided. Failure of the SJRWMD to provide their comments within a 30 day period from the date of mailing shall be considered an acquiescence that the information provided is reliable. To the extent the Land Cover Map is inconsistent with an on site inspection or survey, the survey controls.

C. The City shall make a determination as to whether or not the proposed development or land clearing, not otherwise exempt from the provisions of Policy 3.5.5, is located in an area which contains listed species requiring the procedures set forth in Paragraph E of this Policy.

1. The City shall review its database which shall consist of Land Cover Maps, known occurrences of listed species, and results of properly conducted surveys.

a. If the database does not reflect any known occurrences of listed species on the site and the site contains only exempt land cover, then the protection measures of Paragraph E of this Policy shall not apply.

b. If the database indicates that the development or land clearing site contains listed species, then the protection measures of Paragraph E of this Policy shall apply.

c. If the database indicates nonexempt land cover is present on the development or land clearing site, the protection measures of Paragraph E of this Policy shall be applied as follows:

1. If the survey shows a listed species, then the provisions of Paragraph E of this Policy applies (see chart titled Proposed Development or Land Clearing located in the Wildlife Inventory and Analysis section).

2. If the survey does not show a listed species, then the provisions of Paragraph E of this Policy do not apply.

2. An applicant may provide a listed species survey conducted by the FGFWFC, USFWS, or a professionally qualified private consultant in accordance with Paragraph 1 of this Policy, to amend the database.

3. The City may grant exemptions from the survey requirements and the protection measures of Paragraph E of this Policy in individual cases where reliable information available to the City indicates that the proposed development or land clearing contains no listed species or habitat for listed species. Before the City grants an exemption from survey or protection measures, the FGFWFC and the USFWS shall be given an opportunity to comment on the reliability of the information provided. Failure of the FGFWFC and the USFWS to provide their comments within 30 days from the date of mailing shall be considered an acquiescence that the information provided in reliable.

4. An applicant may accept the database without conducting a survey and comply with the protection measures of Paragraph E of this Policy.

5. For purposes of this Policy, the results of a properly conducted survey are considered more conclusive than the database if conducted by the provisions of Paragraph 1 of this Policy.

The City reserves the right to verify any information submitted by an applicant.

D. The land encompassed in the listed species survey shall be as follows:

1. For proposed developments or land clearing, not otherwise exempt, containing 50 acres or more, the entire area to be developed or cleared shall be surveyed.

2. For proposed developments or land clearing, not otherwise exempt, containing less than 50 acres, which are part of a parcel or contiguous parcels of land containing 50 acres or more which was under common ownership on the effective date of the 2010 Comprehensive Plan, a minimum of 50 acres shall be surveyed inclusive of the proposed development area to be cleared. However, no land owner will be required to survey land they do not own.

E. When a site proposed for development or land clearing is determined to contain listed species, those listed species and their habitat shall be protected in a manner which ensures the achievement of Objectives 3.3 and 3.5 and related policies, unless the proposed development or land clearing is otherwise exempt from the provisions hereof. The method of protection required by the City shall be determined on a case by case basis and shall be directly related to: the number and types of listed species present or presumed to be present on the site as determined by Paragraph C of this Policy; the size, type, quality and location of habitat; the life cycle needs supplied by the habitat, i.e., nesting, roosting, breeding, foraging, etc.; the size of the habitat in relation to the size of the site proposed for development or land clearing; the location of the site and the habitat in relation to existing or proposed wildlife corridors, Special Management Areas, Conservation land use designated properties; lands upon which a conservation easement already exists.

1. The City shall require a habitat management plan which demonstrates how the listed species will be protected from the impacts of the proposed development or land clearing. The plan must be prepared by a qualified professional, reviewed by the FGFWFC or USFWS and approved by the City prior to the City issuing a development order. The FGFWFC or the USFWS must complete this review within 30 days from the date of mailing. Failure of the FGFWFC or the USFWS to provide their review within the 30 day period shall be considered an acquiescence that the management plan is acceptable. Under the requirements of a habitat management plan, the landowner may be required to protect up to 10% of the total gross acreage of the site proposed for development or land clearing.

2. When the City determines that alternative off site measures will provide equivalent or better protection to achieve Objectives 3.3 and 3.5 and their related policies, then in lieu of the requirements of Subsection 1 above, the City may require one of the following; i) a monetary contribution to a trust fund for the acquisition of environmentally sensitive areas, or ii) off site mitigation measures such as species relocation which must be approved by the FGFWFC or the USFWS, or other State or federal agency with jurisdiction over the species to be protected or iii) land acquisition within or adjacent to existing or proposed wildlife corridors or areas within the region with existing habitat for the listed species to be protected or iv) contribution to the Northeast Florida Regional Mitigation Park. The monetary contribution shall provide funds sufficient to replace or the land to be dedicated shall replace the habitat functions of the acreage that would otherwise be protected under Subsection 1 above, off site mitigation shall emphasize the need to satisfy habitat requirements for listed species. Monetary contributions to a trust fund for land acquisition pursuant to this policy shall be applied first to the acquisition of sites known to contain viable populations of listed species.

3. Listed species preservation or mitigation imposed upon a site by a federal, State, or regional agency are presumed to satisfy Objectives 3.3 and 3.5 and related policies, and the City shall incorporate the restrictions imposed by those other agencies into any development order issued for the site.

4. The protection measures of this Policy 3.5.5 shall not apply to the Florida Panther (Felis Concolor Coryi) and the Florida Black Bear (Ursus Americanus Floridanus) because of (i) the extremely large home range; (ii) the difficulty of defining precise habitat needs; (iii) the inclusion of other policies in this Conservation/Coastal Management Element which address acquisition or incentive programs to establish wildlife corridors for far ranging species; and (iv) the identified habitat area which is located in areas encompassed by low density land uses of one dwelling unit per 40 acres to one dwelling unit per 100 acres.

F. For the purpose of this policy, 'protect' or 'protection' shall mean preservation by the creation, acquisition and enforcement of conservation easements in the manner provided by Section 704.06, F.S. This shall be accomplished through: a conservation easement, dedicated to the City, or to a public or non-profit conservation agency or organization or by virtue of designation of the protected area as Conservation on the Future Land Use Map series (FLUMs). For purposes of a Conservation designation on the FLUMs, final development orders, when issued, will identify protected areas to be designated as Conservation. The next ensuing amendment of the Future Land Use Element by the City will incorporate on the FLUMs such protected areas designated as Conservation. The area on site required for protection may, in part, be satisfied by other requirements if the protected area is the same community type required for protection. A conservation easement, dedication or Conservation designation in the Future Land Use Element shall, by the terms as reflected in the easement, dedication or amendment to the Future Land Use Element, take into consideration the listed species which are subject to protection measures. The City has the final authorization for the decision to accept or reject a particular conservation easement. Acceptance of dedications of such land or easements shall emphasize the need to satisfy habitat requirements for listed species. By 1993, the City shall amend the Land Development Regulations to include criteria and a procedure for accepting conservation easements. Conservation easements may be released only when it is shown by competent substantial evidence that the purpose for such easement was dedicated, has been completed or is no longer capable of being accomplished because no other listed species utilize the site. The Land Development Regulations shall not require a landowner to be responsible for ongoing management plan requirements other than the protection as defined above.

G. The listed species information and copies of all listed species surveys, as well as City determinations, shall be maintained in a central location by the City and shall be available to the public for inspection.

H. The listed species surveys required by this Policy shall be conducted using methods approved by the FGFWFC or USFWS for those species in the list below for which the site contains habitat which may be utilized by those species. In addition to the following species, all other listed species found on the site shall be reported.

Sherman's Fox Squirrel

Red Cockaded Woodpecker

Burrowing Owl

Bald Eagle

Gopher Tortoise

Southeastern American Kestrel

Florida Pine Snake

Eastern Indigo Snake

Florida Gopher Frog

Woodstork

Florida Mouse

Rookeries containing listed species

For purposes of this Policy, the results of a properly conducted survey are considered more conclusive than the data base. A properly conducted survey must address: i) species listed in the data base for which verified sightings by a qualified person have been recorded for that site, and ii) species for which the on-site habitat is particularly valuable. The City shall reserve the right to perform its own properly conducted survey to verify the landowners survey.

I. Properties which have previously been subject to the provisions of Paragraph E of this Policy shall not again be subject to those provisions, even if those properties are being cleared or developed in parcels that are smaller than the original parcel which was subject to those provisions.

3.5.6. The provisions of Policy 3.5.5 shall not apply to bona fide silvicultural or agricultural activities on those lands where such activities were existing on or prior to the effective date of the 2010 Comprehensive Plan or new bona fide silvicultural and agricultural activities in areas otherwise exempt in Paragraph B of Policy 3.5.5. Bona fide silvicultural or agricultural activities shall be defined as good faith commercial or domestic silvicultural or agricultural use of the land, any determination of which shall consider the following:

(i) The specific agricultural or silvicultural use of the land;

(ii) The length of time the land has been so utilized;

(iii) Whether the use has been continuous;

(iv) Consideration of whether the purchase price paid is three or more times the agricultural assessment placed on the land;

(v) Size of the tract as it relates to the specific agricultural or silvicultural use;

(vi) Whether such land is subject to a lease, and if so, the effective length, terms and conditions of the lease;

(vii) Absence of pending applications for development permits;

(viii) The classification placed upon such lands by the Property Appraiser pursuant to Section 193.461, Florida Statutes;

(ix) Merchantability of the silvicultural or agricultural product;

(x) Whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with acceptable commercial agricultural or silvicultural practices applicable to the product involved;

(xi) Such other factors as may from time to time become applicable.

To the extent a final determination is made that land clearing activities do not constitute bona fide silvicultural or agricultural activities and are not otherwise exempt from Policy 3.5.5, the provisions of Policy 3.5.5 shall be applicable to such activities.

A. For purposes of Policy 3.5.6, 'silvicultural or agricultural use of the land' shall mean all necessary farming and forestry operations which are normal and customary for the area, such as natural seeding, direct seeding, control burning, preparation of land management plans, site preparation, clearing, fencing, contouring to prevent soil erosion, soil preparation, plowing, planting, harvesting, construction of access roads, creation of fire lanes and placement of bridges and culverts conducted in accordance with applicable rules of the St. Johns River Water Management District.

B. Bona fide silvicultural and agricultural activities shall be required to comply with all provisions of the Silvicultural 'Best Management Practices' Manual published by the Florida Division of Forestry, Department of Agriculture and Consumer Services.

Objective 3.6 By 1994, the City shall develop a management plan to promote through acquisition or incentives the establishment of carefully selected and designed wildlife corridors connecting viable habitat in order to allow the survival of far ranging species and prevent the isolation of natural communities and their gene pools. This plan will be developed in cooperation with the Florida Game and Fresh Water Fish Commission, the U.S. Fish and Wildlife Service, the Department of Environmental Regulation, the St. Johns River Water Management District, the Department of Natural Resources, Department of Agriculture and Consumer Services, and affected landowners.

Policies

3.6.1 The City shall develop incentives such as tax credits or other measures for the incorporation of wildlife corridors in the management of agriculture and silviculture lands.

3.6.2 The establishment of wildlife corridors shall be a primary consideration in the prioritization of land for acquisition.

3.6.3 By 1993, the City shall develop and implement procedures for the City Council at the request of the landowner, to designate or qualify lands as being environmentally endangered so as to encourage the preservation of such lands through: (i) the conveyance of such environmentally endangered lands to the City or to the Board of Trustees of the Internal Improvement Trust Fund, or (ii) the imposition of a conservation easement or other restrictive covenant upon such environmentally endangered lands whereupon the City shall consider the value of the lands so conveyed or restricted in setting the ad valorem assessment for such environmentally endangered lands in accordance with the provisions set forth in Section 193.501, F.S. (1989).

Objective 3.7 By 1992, the City shall implement an area-specific manatee protection plan in order to ensure both immediate and long-term plans for manatee and manatee habitat protection including enforced speed limits, careful siting and design of marina and port facilities, and changes in boating equipment.

Policies

3.7.1 By 1992, the City shall review the protection zones previously adopted to protect the manatee. Enforcement of protection zones will be coordinated by the Florida Marine Patrol, the FGFWFC, and the Office of Sheriff's Marine Unit. These three agencies shall meet with the Jacksonville Waterways Commission prior to 1992 and at least annually thereafter to ensure that enforcement is adequate and consistent.

3.7.2 Port expansion and construction activities shall not proceed without consideration of modifications of construction activities, and if necessary, mitigation of any threats to the survival of manatees or any other listed species.

3.7.3 All new port facilities shall be designed to prevent the crushing of manatees between vessels and docking structures. Existing port facilities shall be evaluated as to their potential for causing injury to manatees and recommendations concerning retrofitting with fenders or other features to minimize the hazard to manatees shall be made by 1994.

3.7.4 The City shall meet with the Manatee Coordinator of the U.S. Fish and Wildlife Service and the DNR, to develop informative brochures and signs to increase public awareness and compliance with laws protecting manatees and other listed species. The brochures will be distributed at boating stores, bait shops, etc. Signs will be placed at all public boat ramps in the vicinity of areas known to be frequented by manatees.

3.7.5 In preparing the Manatee Protection Plan, the City shall consider innovative measures to protect the manatee, such as, but not limited to, requiring propeller guards.

Issue: Fisheries

The St. Johns River, Ft. George River, and Nassau River estuaries support an abundant and varied fish community. There is an active sport fishery for numerous freshwater and marine species. Shrimping and crabbing are the predominant commercial activities, and some oysters are commercially harvested from a small area in the northeastern section of the City. In 1986, these shellfish beds came close to being permanently closed due to high fecal coliform levels.

Recent declines in various fisheries populations have been reported in the City. Both commercial and sports fishermen have reported declines in catch per unit effort. Annual landings of blue crabs in the City have severely declined, and the populations of commercial-size white and brown shrimp are decreasing, apparently due to a decrease in suitable nursery grounds.

Estuarine areas, creeks, swamps, and marshlands are major nursery and feeding grounds for most species of fish and wildlife that are important to this area, including numerous species taken by commercial and recreational fishermen from adjacent Atlantic Ocean coastal waters.

Although the lower St. Johns River is one of the most developed estuarine areas in Florida, there is a relative deficiency of information on its biological conditions compared to other Florida estuaries. Because of the importance of the area's seafood industry, increased knowledge is needed of the fishery resources within the City and man's impact on them.

Since at least the early 1980s, the City has been plagued with periodic outbreaks of an unexplainable diseased fish problem called Ulcerative Disease Syndrome (UDS) which produces deep lesions on various species of fish. This disease sometimes affects up to 80 - 90 percent of commercial fishermen's catch, and obviously seriously impacts their livelihood. This same disease is also occurring in North Carolina and other areas along the southern Atlantic coast. DER funded a 2-year study in 1987-88 but the research was hindered by a low incidence of diseased fish during the study period, and the results were inconclusive as to the cause of the disease.

Objective 3.8 The City shall institute programs to support the protection, management, and improvement of local fisheries and fish habitat in order to increase ecological, recreational, scientific, educational, aesthetic, and economic values and therefore make Jacksonville a more desirable place to live and work.

Policies

3.8.1 The BESD shall implement programs, ordinances, and rules as described in the water quality section of this element in order to protect and improve water quality to provide appropriate habitat for healthy populations of fish and wildlife.

3.8.2 The City shall participate through the SWIM Act to recommend and receive funding for fisheries habitat improvement efforts in the lower St. Johns River basin.

3.8.3 By 1993, the Recreation and Parks Department shall initiate a study of possible management techniques to improve recreational fishing opportunities in the area's rivers, streams, and estuaries. State and federal fisheries management agencies will be asked to participate in the study and the implementation of the management techniques. The City shall continue to cooperate with the FGFWFC and the U.S. Fish and Wildlife Service in the Jacksonville Urban Pond Project to provide freshwater recreational fishing opportunities through intensive management.

3.8.4 By 1994, the City shall request State and federal fisheries management agencies to review existing guidelines for commercial fisheries harvesting to determine if current guidelines are sufficient to prevent stock depletion or habitat disruption. Necessary changes to these guidelines will be recommended to appropriate agencies and where legally permissible, the City shall issue regulations to prevent stock depletion or habitat disruption if it is determined that federal and state regulations are insufficient to accomplish this purpose.

3.8.5 The City shall protect its shellfish beds and potential shellfish harvesting areas from pollution. By 1991, the City shall develop an intergovernmental agreement among the City, Nassau County, DNR, DER, and other appropriate agencies to conduct a joint study by 1993 designed to identify sources of unacceptable bacteria levels, and develop strategies to eliminate these sources. Strategies shall be implemented by 1994.

3.8.6 As part of the Special Management Areas Program, the BESD shall ensure that valuable grassbeds and nursery areas utilized by fish species important to commercial and recreational fishing in the City are identified and mapped by 1993. This shall be accomplished as part of the SWIM Plan for the Lower St. Johns River. By 1994, the City shall develop a management strategy for these areas to protect their special values.

3.8.7 The City shall support a comprehensive study of the diseased fish problem [Ulcerative Disease Syndrome (UDS) or Ulcerative Mycosis (UM)] occurring in the Lower St. Johns River and in other areas. The City shall work with the congressional delegation to encourage the National Oceanic and Atmospheric Administration (NOAA) to fund and conduct such a study whereby all states can pool their data and expertise on UDS. In addition, although the results of the two-year study funded by DER were not adequate to explain the cause of UDS, Quality Section of this element include commitments to improve specific problem areas.

3.8.8 The City shall support the concept of establishing a regional fisheries resource center for Northeast Florida. This Center will be established with the primary goal of developing applied management strategies to improve the overall fisheries industry in Jacksonville. The City may assist in such efforts as coordinating site selection, recruiting talented personnel, and acquiring funding through grants and other means.

3.8.9 The BESD will continue to agressively pursue inclusion of significant aquatic biological studies in the SWIM Plan for the Lower St. Johns River.

GOAL 4

To achieve no further net loss of the natural functions of the City's remaining wetlands, improve the quality of the City's wetlands resources over the long-term and improve the water quality and fish and wildlife values of wetlands.

Issue: Impact on Wetlands

Of the nearly 840 square miles of area in the City, about 23 percent is classified as wetlands which require protective conservation and protection measures. About two-thirds of wetlands is in forested or swamp vegetation. Much of the rest is comprised of the extensive saltwater marshlands of the Nassau and St. Johns River estuaries. These wetland areas have suffered extensively from development pressure. In some areas of the City, very little remains of the original marshlands. Wetlands encroachment remains a major issue for growth management in Jacksonville.

Objective 4.1

The City shall protect and conserve the natural functions of its existing wetlands, including estuarine marshes.

Policies

4.1.1 The permitted land uses within Salt Water Marshes, Riverine/Estuarine Wetlands and All Other Wetlands as depicted on Map L-14(7) of the Future Land Use Element shall be limited to the following land uses and associated standards, provided such use is consistent with the Future Land Use Map series (FLUMs).

A) Within Salt Water Marshes, the following land uses are permitted:

(1) Conservation uses, provided the following standards are met:

(a) Encroachment

encroachment in the salt water marsh is the least damaging to the marsh and that no practicable on-site alternative exists; and

(b) No net loss

development is designed and located in such a manner that there is no net loss to the wetland functions including but not limited to:

i the habitat of fish, wildlife and threatened or endangered species,

ii the abundance and diversity of fish, wildlife and threatened or endangered species,

iii the food sources of fish and wildlife including those which are threatened or endangered,

iv the water quality of the wetland, and

v the flood storage and flood conveyance capabilities of the wetland; and

(c) Floodplain protection

buildings are built at an elevation of sufficient height to meet the designated flood zone standards as set forth by the Federal Emergency Management Agency. The design must be in conformance with Chapter 652 (Floodplain Regulations) of the Ordinance Code; and

(d) Dredge and fill

dredging or filling of the salt water marshes shall not exceed more than 5% of the marsh on-site; and

(e) Stormwater quality

in the design and review of developments which will discharge stormwater into the salt water marsh the following performance standards shall be used to protect water quality in the marsh:

i Stormwater runoff shall be subjected to best management practices prior to discharging into natural or created mitigation wetlands. Best management practices shall mean a practice, or combination of practices determined by the local government to be the most effective, practical means of preventing or reducing the amount of pollution generated by the development to a level compatible with Florida Surface Water Quality Standards found in Chapters 17-301 and 17-302, F.A.C.

ii No site alteration shall result in violation of State and local water quality standards caused by siltation of wetlands or pollution of downstream wetlands, or reduce the natural retention of filtering capability of wetlands.

iii No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitos.

iv All site alteration activity shall provide for such water retention, filtration, and settling structures, and flow attenuation devices as may be necessary to ensure that the foregoing standards and requirements are met.

Issuance of a Management and Storage of Surface Waters permit pursuant to Chapter 40C-4 or 40C-40, F.A.C. or a stormwater permit issued pursuant to Chapter 40C-42, F.A.C., provides assurances necessary for compliance with subsections (i) - (iv) above provided the stormwater management system is constructed in accordance with the permit; and

(f) Septic tanks

septic tanks, drainfields and/or greywater systems are located outside the salt water marsh area and not within 75 feet of the mean high water line of tidal bodies or within 75 feet of any wetland unless the Department of Health and Rehabilitative Services grants a variance for a hardship case pursuant to the provisions of Section 381.0065, F.S. Where public utilities are available, development is required to connect to these facilities; and

(g) Vegetation

all native salt water marsh vegetation outside the development area is maintained in its natural state; and

(h) Hydrology

The design of the fill shall include measures to maintain the wetlands hydrology of the site.

(2) Residential uses, provided the following standards are met:

(a) Density/Dredge and fill

where lots, except for lots of record as defined in the Future Land Use Element, are located totally within the salt water marshes,

i density shall not exceed one (1) dwelling unit per five (5) acres; and

ii buildings shall be clustered together to the maximum extent practicable; and

iii dredging or filling shall not exceed 5% of the salt water marsh on-site; and

(b) Encroachment

encroachment in the salt water marsh is the least damaging to the marsh and that no practicable on-site alternative exists; and

(c) No net loss

development is designed and located in such a manner that there is no net loss to the wetland functions including but not limited to:

i the habitat of fish, wildlife and threatened or endangered species,

ii the abundance and diversity of fish and wildlife and threatened or endangered species,

iii the food sources of fish and wildlife including those which are threatened or endangered,

iv the water quality of the wetland, and

v the flood storage and flood conveyance capabilities of the wetland; and

(d) Floodplain protection

buildings are built at an elevation of sufficient height to meet the designated flood zone standards as set forth by the Federal Emergency Management Agency. The design must be in conformance with Chapter 652 (Floodplain Regulations) of the Ordinance Code; and

(e) Stormwater quality

in the design and review of developments which will discharge stormwater into the salt water marsh the following performance standards shall be used to protect water quality in the marsh:

i Stormwater runoff shall be subject to best management practices prior to discharging into natural or created mitigation wetlands. Best management practices shall mean a practice, or combination of practices determined by the local government to be the most effective, practical means of preventing or reducing the amount of pollution generated by the development to a level compatible with Florida Surface Water Quality Standards found in Chapters 17-301 and 17-302, F.A.C.

ii No site alteration shall result in violation of State and local water quality standards caused by siltation of wetlands or pollution of downstream wetlands, or reduce the natural retention of filtering capability of wetlands.

iii No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitos.

iv All site alteration activity shall provide for such water retention, filtration, and settling structures, and flow attenuation devices as may be necessary to ensure that the foregoing standards and requirements are met.

Issuance of a Management and Storage of Surface Waters permit pursuant to Chapter 40C-4 or 40C-40, F.A.C., or a stormwater permit issued pursuant to Chapter 40C-42, F.A.C., provides assurances necessary for compliance with subsections (i) - (iv) above provided the stormwater management system is constructed in accordance with the permit; and

(f) Septic tanks

Septic tanks, drainfields and/or greywater systems are located outside the salt water marsh and not within 75 feet of the mean high water line of tidal water bodies or within 75 feet of any wetland unless the Department of Health and Rehabilitative Services grants a variance for a hardship case pursuant to the provisions of Section 381.0065, F.S. Where public utilities are available, development is required to connect to these facilities; and

(g) Vegetation

all native salt water marsh vegetation outside the development area is maintained in its natural state; and

(h) Hydrology

The design of the fill shall include measures to maintain the wetlands hydrology of the site.

(3) Water-dependent uses located within the Port of Jacksonville, provided the following standards are met:

(a) Encroachment

encroachment in the salt water marsh is the least damaging to the marsh and that no practicable on-site alternative exists; and

(b) No net loss

development is designed and located in such a manner that there is no net loss to wetland functions, including but not limited to:

i the habitat of fish, wildlife and threatened or endangered species,

ii the abundance and diversity of fish, wildlife and threatened or endangered species,

iii the food sources of fish and wildlife including those which are threatened or endangered,

iv the water quality of the wetland, and

v the flood storage and flood conveyance capabilities of the wetland; and

(c) Floodplain protection

buildings are built at an elevation of sufficient height to meet the designated flood zone standards as set forth by the Federal Emergency Management Agency. The design must be in conformance with Chapter 652 (Floodplain Regulations) of the Ordinance Code; and

(d) Stormwater quality

in the design and review of developments which will discharge stormwater into the salt water marsh the following performance standards shall be used to protect water quality in the marsh:

i Stormwater runoff shall be subjected to best management practices prior to discharging into natural or created mitigation wetlands. Best management practices shall mean a practice, or combination of practices determined by the local government to be the most effective, practical means of preventing or reducing the amount of pollution generated by the development to a level compatible with Florida Surface Water Quality Standards found in Chapters 17-301 and 17-302, F.A.C.

ii No site alteration shall result in violation of State and local water quality standards caused by siltation of wetlands or pollution of downstream wetlands, or reduce the natural retention of filtering capability of wetlands.

iii No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitos.

iv All site alteration activity shall provide for such water retention, filtration, and settling structures, and flow attenuation devices as may be necessary to ensure that the foregoing standards and requirements are met.

Issuance of a Management and Storage of Surface Waters permit pursuant to Chapter 40C-4 or 40C-40, F.A.C. or a stormwater permit issued pursuant to Chapter 40C-42, F.A.C., provides assurances necessary for compliance with subsections (i) - (iv) above provided the stormwater management system is constructed in accordance with the permit; and

(e) Septic tanks

septic tanks, drainfields and/or greywater systems are located outside the salt water marsh and not within 75 feet of the mean high water line of tidal bodies or within 75 feet of any wetland, unless the Department of Health and Rehabilitative Services grants a variance for a hardship case pursuant to the provisions of Section 381.0065, F.S. Where public utilities are available, development is required to connect to these facilities; and

(f) Vegetation

all native salt water marsh vegetation outside the development area is maintained in its natural state; and

(g) Marina siting and operation

marinas are further subject to Objectives 10.1, 10.2, 10.3, 10.5 and 10.6 and their related policies of this element.

(h) Hydrology

The design of any fill shall include measures to maintain the wetlands hydrology of the site.

(4) Access to a permitted use, provided the following standards are met:

(a) Encroachment

encroachment in the salt water marsh is the least damaging to the marsh and that no practicable on-site alternative exists; and

(b) No net loss

development is designed and located in such a manner that there is no net loss to the wetland functions including but not limited to:

i the habitat of fish, wildlife and threatened or endangered species,

ii the abundance and diversity of fish and wildlife and threatened or endangered species,

iii the food sources of fish and wildlife including those which are threatened or endangered,

iv the water quality of the wetland, and

v the flood storage and flood conveyance capabilities of the wetland; and

(c) Hydrology

The design of any fill shall include measures to maintain the wetlands hydrology of the site.

(5) Any use which can be shown to be clearly in the public interest, provided the following standards are met:

(a) Encroachment

encroachment in the salt water marsh is the least damaging to the marsh and that no practicable on-site alternative exists; and

(b) No net loss

development is designed and located in such a manner that there is no net loss to the wetland function including but not limited to:

i the habitat of fish, wildlife and threatened or endangered species,

ii the abundance and diversity of fish and wildlife and threatened or endangered species,

iii the food sources of fish and wildlife including those which are threatened or endangered,

iv the water quality of the wetland, and

v the flood storage and flood conveyance capabilities of the wetland; and

(c) Stormwater quality

in the design and review of developments which will discharge stormwater into the salt water marsh the following performance standards shall be used to protect water quality in the marsh:

i Stormwater runoff shall be subjected to best management practices prior to discharging into natural or created mitigation wetlands. Best management practices shall mean a practice, or combination of practices determined by the local government to be the most effective, practical means of preventing or reducing the amount of pollution generated by the development to a level compatible with Florida Surface Water Quality Standards found in Chapters 17-301 and 17-302, F.A.C.

ii No site alteration shall result in violation of State and local water quality standards caused by siltation of wetlands or pollution of downstream wetlands, or reduce the natural retention of filtering capability of wetlands.

iii No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitos.

iv All site alteration activity shall provide for such water retention, filtration, and settling structures, and flow attenuation devices as may be necessary to ensure that the foregoing standards and requirements are met.

Issuance of a Management and Storage of Surface Waters permit pursuant to Chapter 40C-4 or 40C-40, F.A.C. or a stormwater permit issued pursuant to Chapter 40C-42, F.A.C., provides assurances necessary for compliance with subsections (i) - (iv) above provided the stormwater management system is constructed in accordance with the permit.

B) Within Riverine/Estuarine Wetlands, the following uses are permitted:

(1) Conservation uses, provided the following standards are met:

(a) Encroachment

encroachment in the riverine/estuarine wetlands is the least damaging to the wetlands and that no practicable on-site alternative exists; and

(b) No net loss

development is designed and located in such a manner that there is no net loss to the wetland functions including but not limited to:

i the habitat of fish, wildlife and threatened or endangered species,

ii the abundance and diversity of fish, wildlife and threatened or endangered species,

iii the food sources of fish and wildlife including those which are threatened or endangered,

iv the water quality of the wetland, and

v the flood storage and flood conveyance capabilities of the wetland; and

(c) Floodplain protection

buildings are built at an elevation of sufficient height to meet the designated flood zone standards as set forth by the Federal Emergency Management Agency. The design must be in accordance with Chapter 652 (Floodplain Regulations) of the Ordinance Code; and

(d) Dredge and fill

dredging or filling of riverine/estuarine wetlands does not exceed more than 5% of the wetlands on-site; and

(e) Stormwater quality

the following performance standards are used to protect water quality in the riverine/estuarine wetlands in the design and review of developments which will discharge stormwater into wetlands:

i Stormwater runoff shall be subjected to best management practices prior to discharging into natural or created mitigation wetlands. Best management practices shall mean a practice, or combination of practices determined by the local government to be the most effective, practical means of preventing or reducing the amount of pollution generated by the development to a level compatible with Florida Surface Water Quality Standards found in Chapters 17-301 and 17-302, F.A.C.

ii No site alteration shall result in violation of State and local water quality standards caused by siltation of wetlands or pollution of downstream wetlands, or reduce the natural retention of filtering capability of wetlands.

iii No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitos.

iv All site alteration activity shall provide for such water retention, filtration and settling structures, and flow attenuation devices as may be necessary to ensure that the foregoing standards and requirements are met.

Issuance of a Management and Storage of Surface Waters permit pursuant to Chapter 40C-4 or 40C-40, F.A.C. or a stormwater permit issued pursuant to Chapter 40C-42, F.A.C., provides assurances necessary for compliance with subsections (i) - (iv) above provided the stormwater management system is constructed in accordance with the permit; and

(f) Septic tanks

septic tanks, drainfields and/or greywater systems are located outside the riverine/estuarine wetlands and not within 75 feet of the mean high water line of tidal bodies or within 75 feet of any wetland, unless the Department of Health and Rehabilitative Services grants a variance for a hardship case pursuant to the provisions of Section 381.0065, F.S. Where public utilities are available, development is required to connect to these facilities; and

(g) Vegetation

no more than 10% of the areal extent of the riverine/estuarine vegetation outside the development area may be altered or removed; and

(h) Hydrology

The design of the fill shall include measures to maintain the wetlands hydrology of the site.

(2) Residential uses, provided the following standards are met:

(a) Density/Dredge and fill

where lots, except for lots of record as defined in the Future Land Use Element, are located totally within the riverine/estuarine wetlands,

i density shall not exceed one (1) dwelling unit per five (5) acres; and

ii buildings shall be clustered together to the maximum extent practicable; and

iii dredging or filling shall not exceed 5% of the riverine/estuarine wetlands on-site.

(b) Encroachment

encroachment in the riverine/estuarine wetlands is the least damaging to the wetlands and that no practicable on-site alternative exists; and

(c) No net loss

development is designed and located in such a manner that there is no net loss to wetland functions, including but not limited to:

i the habitat of fish, wildlife and threatened or endangered species,

ii the abundance and diversity of fish, wildlife and threatened or endangered species,

iii the food sources of fish and wildlife including those which are threatened or endangered,

iv the water quality of the wetland, and

v the flood storage and flood conveyance capabilities of the wetland; and

(d) Floodplain protection

buildings are built at an elevation of sufficient height to meet the designated flood zone standards as set forth by the Federal Emergency Management Agency. The design must be in accordance with Chapter 652 (Floodplain Regulations) of the Ordinance Code; and

(e) Stormwater quality

in the design and review of developments which will discharge stormwater into the riverine/estuarine wetlands the following performance standards shall be used to protect water quality in the wetlands:

i Stormwater runoff shall be subjected to best management practices prior to discharging into natural or created mitigation wetlands. Best management practices shall mean a practice, or combination of practices determined by the local government to be the most effective, practical means of preventing or reducing the amount of pollution generated by the development to a level compatible with Florida Surface Water Quality Standards found in Chapters 17-301 and 17-302, F.A.C.

ii No site alteration shall result in violation of State and local water quality standards caused by siltation of wetlands or pollution of downstream wetlands, or reduce the natural retention of filtering capability of wetlands.

iii No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitos.

iv All site alteration activity shall provide for such water retention, filtration, and settling structures, and flow attenuation devices as may be necessary to ensure that the foregoing standards and responsibilities are met.

Issuance of a Management and Storage of Surface Waters permit pursuant to Chapter 40C-4 or 40C-40, F.A.C., or a stormwater permit issued pursuant to Chapter 40C-42, F.A.C., provides assurances necessary for compliance with subsections (i) - (iv) above provided the stormwater management system is constructed in accordance with the permit; and

(f) Septic tanks

septic tanks, drainfields and/or greywater systems are located outside the riverine/estuarine wetlands and not within 75 feet of the mean high water line of tidal water bodies or within 75 feet of any wetland, unless the Department of Health and Rehabilitative Services grants a variance for a hardship case pursuant to the provisions of Section 381.0065, F.S. Where public utilities are available, development is required to connect to these facilities; and

(g) Vegetation

no more than 10% of the areal extent of the native riverine/estuarine vegetation outside the development area may be altered or removed; and

(h) Hydrology

The design of the fill shall include measures to maintain the wetlands hydrology of the site.

(3) Water-dependent and water-related uses, provided the following standards are met:

(a) Encroachment

encroachment in the riverine/estuarine wetlands is the least damaging to the wetlands and that no practicable on-site alternative exists; and

(b) No net loss

development is designed and located in such a manner that there is no net loss to the wetland functions including, but not limited to:

i the habitat of fish, wildlife and threatened or endangered species,

ii the abundance and diversity of fish, wildlife and threatened or endangered species,

iii the food sources of fish and wildlife including those which are threatened or endangered,

iv the water quality of the wetland, and

v the flood storage and flood conveyance capabilities of the wetland; and

(c) Floodplain protection

buildings are built at an elevation of sufficient height to meet the designated flood zone standards as set forth by the Federal Emergency Management Agency. The design must be in accordance with Chapter 652 (Floodplain Regulations) of the Ordinance Code; and

(d) Stormwater quality

in the design and review of developments which will discharge stormwater into the riverine/estuarine wetlands, the following performance standards shall be used to protect water quality in the wetlands:

i Stormwater runoff shall be subjected to best management practices prior to discharging into natural or created mitigation wetlands. Best management practices shall mean a practice, or combination of practices determined by the local government to be the most effective, practical means of preventing or reducing the amount of pollution generated by the development to a level compatible with Florida Surface Water Quality Standards found in Chapters 17-301 and 17-302, F.A.C.

ii No site alteration shall result in violation of State and local water quality standards caused by siltation of wetlands or pollution of downstream wetlands, or reduce the natural retention of filtering capability of wetlands.

iii No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitos.

iv All site alteration activity shall provide for such water retention, filtration and settling structures, and flow attenuation devices as may be necessary to ensure that the foregoing standards and requirements are met.

Issuance of a Management and Storage of Surface Waters permit pursuant to Chapter 40C-4 or 40C-40, F.A.C. or a stormwater permit issued pursuant to Chapter 40C-42, F.A.C., provides assurances necessary for compliance with subsections (i) - (iv) above provided the stormwater management system is constructed in accordance with the permit; and

(e) Septic tanks

septic tanks, drainfields and/or greywater systems are located outside the riverine/estuarine wetlands and not within 75 feet of any wetland, unless the Department of Health and Rehabilitative Services grants a variance for a hardship case pursuant to the provisions of Section 381.0065, F. S.

(f) Vegetation

no more than 10% of the areal extent of the native riverine/estuarine wetlands vegetation outside the development area may be removed.

(g) Marina siting and operation

marinas are further subject to Objectives 10.1, 10.2, 10.3, 10.5 and 10.6 and their related policies of this element.

(h) Hydrology

The design of any fill shall include measures to maintain the wetlands hydrology of the site.

(4) Silvicultural uses, provided the following standards are met:

Best Management Practices: Silviculture

such activities are conducted in compliance with the provisions of the 'Silvicultural Best Management Practices Manual', as may be amended, published by the Florida Division of Forestry, Department of Agriculture and Consumer Services.

(5) Access to a permitted use, provided the following standards are met:

(a) Encroachment

encroachment in the riverine/estuarine wetlands is the least damaging to the wetlands and that no practicable on-site alternative exists; and

(b) No net loss

development is designed and located in such a manner that there is no net loss to the wetland functions, including but not limited to:

i the habitat of fish, wildlife and threatened or endangered species,

ii the abundance and diversity of fish, wildlife and threatened or endangered species,

iii the food sources of fish and wildlife including those which are threatened or endangered,

iv the water quality of the wetland, and

v the flood storage and flood conveyance capabilities of the wetland; and

(c) Hydrology

The design of any fill shall include measures to maintain the wetlands hydrology of the site.

(6) Any use which can be shown to be clearly in the public interest provided the following standards are met:

(a) Encroachment

encroachment in the riverine/estuarine wetlands is the least damaging to the wetlands and that no practicable on-site alternative exists; and

(b) No net loss

development is designed and located in such a manner that there is no net loss to the wetland functions, including but not limited to:

i the habitat of fish, wildlife and threatened or endangered species,

ii the abundance and diversity of fish, wildlife and threatened or endangered species,

iii the food sources of fish and wildlife including those which are threatened or endangered,

iv the water quality of the wetland, and

v the flood storage and flood conveyance capabilities of the wetland; and

(c) Stormwater quality

in the design and review of developments which will discharge stormwater into the riverine/estuarine wetlands the following performance standards shall be used to protect water quality in wetlands:

i Stormwater runoff shall be subjected to best management practices prior to discharging into natural or created mitigation wetlands. Best management practices shall mean a practice, or combination of practices determined by the local government to be the most effective, practical means of preventing or reducing the amount of pollution generated by the development to a level compatible with Florida Surface Water Quality Standards found in Chapters 17-301 and 17-302, F.A.C.

ii No site alteration shall result in violation of State and local water quality standards caused by siltation of wetlands or pollution of downstream wetlands, or reduce the natural retention of filtering capability of wetlands.

iii No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitos.

iv All site alteration activity shall provide for such water retention, filtration and settling structures, and flow attenuation devices as may be necessary to ensure that the foregoing standards and requirements are met.

Issuance of a Management and Storage of Surface Waters permit pursuant to Chapter 40C-4 or 40C-40, F.A.C. or a stormwater permit issued pursuant to Chapter 40C-42, F.A.C., provides assurances necessary for compliance with subsections (i) - (iv) above provided the stormwater management system is constructed in accordance with the permit.

(d) Hydrology

The design of any fill shall include measures to maintain the wetlands hydrology of the site.

C) Within All Other Wetlands, the following land uses are permitted:

(1) Any use, provided the following standards are met:

(a) Encroachment

encroachment in the wetland is the least damaging to the wetland and that no practicable on-site alternative exists; and

(b) No net loss

development is designed and located in such a manner that there is no net loss to the wetland functions including, but not limited to:

i the habitat of fish, wildlife and threatened or endangered species

ii the abundance and diversity of fish, wildlife and threatened or endangered species

iii the food sources of fish and wildlife including those which are threatened or endangered

iv the water quality of the wetland and

v the flood storage and flood conveyance capabilities of the wetland; and

(c) Floodplain protection

buildings are built at an elevation of sufficient height to meet the designated flood zone standards as set forth by the Federal Emergency Management Agency. The design must be in accordance with Chapter 652 (Floodplain Regulations) of the Ordinance Code; and

(d) Stormwater quality

in the design and review of developments which will discharge stormwater into all other wetlands the following performance standards shall be used to protect water quality in the wetlands:

i Stormwater runoff shall be subjected to best management practices prior to discharging into natural or created mitigation wetlands. Best management practices shall mean a practice, or combination of practices determined by the local government to be the most effective, practical means of preventing or reducing the amount of pollution generated by the development to a level compatible with Florida Surface Water Quality Standards found in Chapters 17-301 and 17-302, F.A.C.

ii No site alteration shall result in violation of State and local water quality standards caused by siltation of wetlands or pollution of downstream wetlands, or reduce the natural retention of filtering capability of wetlands.

iii No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitos.

iv All site alteration activity shall provide for such water retention, filtration and settling structures, and flow attenuation devices as may be necessary to ensure that the foregoing standards and requirements are met.

Issuance of a Management and Storage of Surface Waters permit pursuant to Chapter 40C-4 or 40C-40, F.A.C. or a stormwater permit issued pursuant to Chapter 40C-42, F.A.C., provides assurances necessary for compliance with subsections (i) - (iv) above provided the stormwater management system is constructed in accordance with the permit.

(e) Septic tanks

septic tanks, drainfields and/or greywater systems are located outside the wetland area and not within 75 feet of the mean high water line of tidal bodies or within 75 feet of any wetland, unless the Department of Health and Rehabilitative Services grants a variance for a hardship case pursuant to the provisions of Section 381.0065, F.S. Where public utilities are available, development is required to connect to these facilities; and

(f) Stormwater treatment

Where certain types of isolated wetlands (small, degraded cypress domes, wet prairies or bayheads) are considered for integration into stormwater management systems, hydroperiods and stage elevations shall match the appropriate wetland community, and provide for first flush diversions.

(g) Hydrology

The design of any fill shall include measures to maintain the wetlands hydrology on the site.

(2) Silvicultural uses, provided the following standards are met:

Best Management Practices: Silviculture

such activities are conducted in compliance with the provisions of the 'Silvicultural Best Management Practices Manual', as may be amended, published by the Florida Division of Forestry, Department of Agriculture and Consumer Services.

(3) Agricultural uses, provided the following standards are met:

Best Management Practices: Agriculture

such activities are in compliance with Chapter 40C-44, F.A.C.

(4) Any use that can be shown to be clearly in the public interest, provided the following standards are met:

(a) Encroachment

encroachment in the wetland is the least damaging to the wetland and that no practicable on-site alternative exists; and

(b) No net loss

development is designed and located in such a manner that there is no net loss to the wetland functions, including but not limited to:

i the habitat of fish, wildlife and threatened or endangered species,

ii the abundance and diversity of fish, wildlife and threatened or endangered species,

iii the food sources of fish and wildlife including those which are threatened or endangered,

iv the water quality of the wetland, and

v the flood storage and flood conveyance capabilities of the wetland; and

(c) Stormwater quality

in the design and review of developments which will discharge stormwater into all other wetlands the following performance standards shall be used to protect water quality in the wetlands:

i Stormwater runoff shall be subjected to best management practices prior to discharging into natural or created mitigation wetlands. Best management practices shall mean a practice, or combination of practices determined by the local government to be the most effective, practical means of preventing or reducing the amount of pollution generated by the development to a level compatible with Florida Surface Water Quality Standards found in Chapters 17-301 and 17-302, F.A.C.

ii No site alteration shall result in violation of State and local water quality standards caused by siltation of wetlands or pollution of downstream wetlands, or reduce the natural retention of filtering capability of wetlands.

iii No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitos.

iv All site alteration activity shall provide for such water retention, filtration and settling structures, and flow attenuation devices as may be necessary to ensure that the foregoing standards and requirements are met.

Issuance of a Management and Storage of Surface Waters permit pursuant to Chapter 40C-4 or 40C-40, F.A.C. or a stormwater permit issued pursuant to Chapter 40C-42, F.A.C., provides assurances necessary for compliance with subsections (i) - (iv) above provided the stormwater management system is constructed in accordance with the permit.

(d) Hydrology

The design of any fill shall include measures to maintain the wetlands hydrology on the site.

The City reserves the right to modify the wetland designation on any parcel where reliable information available to the City such as a jurisdictional determination or permit issued by the SJRWMD depicts such area different than depicted on the overlay map. Before the City modifies the designation on any parcel for any reason other than a jurisdictional determination or permit issued by the SJRWMD, the property owner and the SJRWMD shall be given an opportunity to comment on the reliability of the information provided. Failure of the property owner or SJRWMD to provide their comments within a thirty (30) day period from the date of mailing shall be considered an acquiescence that the information provided is reliable. To the extent the wetlands map is inconsistent with an on-site inspection or survey, the survey supersedes the wetlands map.

4.1.2 Public utilities and roadways located in Salt Water Marshes, Riverine/Estuarine Wetlands or All Other Wetlands shall be subject to the following performance criteria:

A. Encroachment

encroachment in the wetlands is the least damaging and that no practicable on-site alternative exists; and

B. No net loss

designed and located in such a manner that there is no net loss to the wetland functions including but not limited to:

i the habitat of fish, wildlife and threatened or endangered species,

ii the abundance and diversity of fish, wildlife and threatened or endangered species,

iii the food sources of fish and wildlife including those which are threatened or endangered,

iv the water quality of the wetland, and

v the flood storage and flood conveyance capabilities of the wetland;

C. Stormwater quality

in the design and review of public utilities and roadways which will discharge stormwater into salt water marshes, riverine/ estuarine wetlands or all other wetlands the following performance standards shall be used to protect water quality in the wetlands:

i Stormwater runoff shall be subjected to best management practices prior to discharging into natural or created mitigation wetlands. Best management practices shall mean a practice, or combination of practices determined by the local government to be the most effective, practical means of preventing or reducing the amount of pollution generated by the development to a level compatible with Florida Surface Water Quality Standards found in Chapters 17-301 and 17-302, F.A.C.

ii No site alteration shall result in violation of State and local water quality standards caused by siltation of wetlands or pollution of downstream wetlands, or reduce the natural retention of filtering capability of wetlands.

iii No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitos.

iv All site alteration activity shall provide for such water retention, filtration, and settling structures, and flow attenuation devices as may be necessary to ensure that the foregoing standards and requirements are met.

Issuance of a Management and Storage of Surface Waters permit pursuant to Chapter 40C-4 or 40C-40, F.A.C. or a stormwater permit issued pursuant to Chapter 40C-42, F.A.C., provides assurances necessary for compliance with subsections (i) - (iv) above provided the stormwater management system is constructed in accordance with the permit.

4.1.3 In determining whether an encroachment in the wetland is the least damaging to the wetland and that no practicable on-site alternative exists, the City shall evaluate the following:

(a) the land use category according to the Future Land Use Map series (FLUMs) and existing zoning of the site and surrounding parcels; and

(b) alternative designs which could accomplish the purposes of the development including the encroachment on the wetland of such alternative designs; and

(c) the wetland functions being served by the area proposed to be encroached upon.

4.1.4 Mitigation shall be considered only as a last resort, and only if the City determines that encroachment in the wetland is the least damaging alternative and no practicable on-site alternative exists. Such mitigation activities should replace similar habitat and function, and shall result in no net loss of wetland functions. Preservation of upland habitat may be considered in certain instances if deemed appropriate by the City but shall not result in a net loss of wetland functions.

The City shall use the following guidelines to estimate the extent of wetland preservation, enhancement, or creation which may mitigate for the destruction of a unit of wetland which has a direct hydrologic connection to a stream, other watercourse or impoundment. These guidelines are for preliminary planning purposes only and the actual extent of wetland mitigation may be more or less depending on City evaluation of site and regional conditions.

The following ratios apply to wetland preservation and enhancement proposals:

A. Mitigation ratios for wetland preservation proposals are based upon the quality of the wetlands to be encroached and the quality of the preserved wetlands. The mitigation for encroachment in low quality wetlands through preservation of high quality wetlands will require the lowest ratio, while mitigation for encroachment in high quality wetlands through preservation of low quality wetlands will require the highest ratio. For encroachments in salt marshes and riverine/estuarine wetlands the ratios shall range from 10:1 to 100:1. For encroachments in other wetlands the ratios shall range from 5:1 to 25:1. Ratios may also be established for preservation of valuable upland habitat as provided for in Policy 4.1.7 of this Element.

B. Mitigation ratios for wetland enhancement is based upon the quality of the wetlands to be encroached, quality of wetlands to be enhanced, and the functional value of the enhancement proposed. For encroachments in salt marshes or riverine/estuarine wetlands, the enhancement ratios shall be 5:1 to 20:1. For encroachments in other wetlands the ratios shall be 2:1 to 15:1.

The following ratios shall apply to wetland creation proposals:

A. Salt Water Marshes - Mitigation for salt water marshes shall be at a ratio of 1.5:1 to 2:1. Ratios may be higher if the creation of salt water marshes depends on natural recolonization.

B. Riverine/Estuarine Wetlands - Mitigation for riverine/estuarine wetlands shall be at a ratio of 2:1 to 5:1 depending on site specific conditions. Ratios may be higher if the creation of riverine/estuarine wetlands depends on natural recolonization.

C. All Other Wetlands - Mitigation for all other wetlands shall be at a ratio of 1.5:1 to 2:1. Ratios may be higher if the creation of wetlands depends on natural recolonization.

The ratios for wetland creations are based, in part, upon temporary loss of wetland habitat while the created wetland is in early succession. The ratios may be adjusted by providing assurance that the created wetland replaces the habitat functions of the wetland which is lost; this assurance is most easily achieved by the creation of wetlands prior to wetland loss. The ratios may also be adjusted when wetland creation is combined with other mitigation proposals such as upland buffer areas adjacent to wetlands, conservation easements, wetland enhancement proposals or other alternative mitigation. In no case may the creation of wetlands replace valuable upland habitat.

For wetlands which have only a man-made direct hydrologic connection to a stream, other watercourse or impoundment or wetlands where prior work has adversely altered the hydroperiod of the wetland, the ratios will be less than the guidelines stated above. Wetlands created by off site activities conducted in violation of State or local rules will not be considered as wetlands for mitigation purposes.

Off-site mitigation will be acceptable only if it can be shown to result in no net loss of wetland functions.

4.1.5 The City shall use the following factors when assessing the functions of the wetlands proposed to be encroached upon when evaluating mitigation proposals:

A. Size of the wetland - larger wetlands generally support a greater diversity of species and have greater value than small wetlands.

B. Hydrologic connection - wetlands having a significant and regular hydrologic connection to off-site areas are generally more productive, support more consumer species, and generally have greater value than intermittently connected wetlands. Wetlands with a natural off-site connection generally provide more off-site functions and have a greater value than wetlands with a man-made off-site connection.

C. Condition of the wetland - pristine wetlands generally have a greater value than wetlands which have been drained, harvested or otherwise altered.

D. Unique wetlands - wetland communities which are unique or rare in a region may contribute significantly to the regional diversity of fish and wildlife and threatened or endangered species and generally have greater value than a commonly occurring community.

E. Surrounding landscape - a wetland adjacent to or imbedded in one or more natural communities generally has more value than a wetland surrounded by a man-altered habitat or imbedded in a single community.

4.1.6 The City shall require the following information for assessment of the wetland functions being served by the wetland proposed to be encroached:

A. A description of the type and function of the wetland being altered including area, vegetative community and hydrologic regime.

B. A list of all species designated as endangered or threatened which utilize the wetland.

C. Topographic information and soils classification for the existing wetland.

D. A description of the proposed system and its impact on the wetland, e.g., areal extent of fill or excavation or change in hydroperiod of drainage practices.

The following information is required to describe the wetland community to be created or enhanced as a result of the mitigation activity:

A. A description of the area and location of the mitigation area.

B. A description of the species to be planted and the plant densities.

C. A description of the source of plants and mulch.

D. A description of the proposed hydroperiod.

E. A description of the effects of the proposed mitigation on the local and regional environment and faunal diversity of the area.

F. A description of the monitoring and maintenance methods to be employed.

4.1.7 The City shall consider wetland mitigation proposals on a case-by-case basis. Mitigation can consist of wetland preservation, enhancement, or creation, wetland enhancement, or in certain circumstances, may include placement of conservation easements on wetlands or contiguous upland areas. The City may consider the preservation of upland habitat, adjacent to preserved or enhanced wetlands, as mitigation where the uplands serve environmental functions associated with wetlands for species which do not spend their entire life cycle in the wetland habitat. Wetland creating means the construction of a functional wetland in what was an upland area. Wetland enhancement means the improvement of the ecological value of an existing wetland. In no case may the creation of wetlands degrade valuable upland habitat. The ecological value of a wetland can sometimes be enhanced by altering its hydroperiod, by increasing the hydrological connection to other wetland areas, by increasing the effective size of the wetland through use of wildlife corridors, or by improving the habitat adjacent to or surrounding the wetland.

4.1.8 The City shall require that wetland mitigation restore the type of functions lost due to the construction in wetlands, i.e. habitat or fish and wildlife, water quality, flood storage, etc. Generally, the preferred mitigation is preservation, enhancement, or creation of the same type of wetland and/or preservation of uplands which provide habitat associated with the type of wetland impacted. There may be situations where it is appropriate to mitigate a different type of wetland to improve the local or regional environment. The City may consider such proposals when the application has clearly demonstrated the benefit to the local or regional ecosystem.

4.1.9 The City shall consider cumulative impacts when reviewing proposals for construction within wetlands.

In deciding whether to grant or deny a development order for construction in wetlands which will affect wetlands, the City shall consider:

A. The impact of the development for which the development order is sought.

B. The impact of developments which are existing or under construction or for which land development orders have been issued.

C. The impact of developments which are under review, approved, or vested pursuant to Section 380.06, F.S., or other developments which may reasonably be expected to be located within wetlands based upon applications for final development orders pending at the time of the review.

4.1.10 The City's Environmental Protection Board established pursuant to Chapter 73, Ordinance Code, shall have the authority to promulgate appropriate rules by which it may exempt or waive specific provisions of policies 1.1 - 1.9 above for i) developments with alternative designs which can be shown to be the least damaging and that no practicable on-site alternative exists and which results in no net loss of the wetland functions, ii) public facilities/utilities/roadways or iii) in the case of hardships. Any waiver granted by the Environmental Protection Board shall be a development order or permit subject to challenge under Section 163.3215, F.S. In determining exemptions or waivers, the EPB rules shall consider the following:

A. wetland functions being served by the wetland proposed to be impacted, including, but not limited to:

i the habitat of fish, wildlife and threatened or endangered species,

ii the abundance and diversity of fish, wildlife and threatened or endangered species,

iii the food sources of fish and wildlife including those which are threatened or endangered,

iv the water quality of the wetland, and

v the flood storage and flood conveyance capabilities of the wetland; and

B. compliance with the following stormwater quality standards which are used to protect water quality in wetlands in the design and review of developments which will discharge stormwater into the wetland:

i Stormwater runoff shall be subjected to best management practices prior to discharging into natural or created mitigation wetlands. Best management practices shall mean a practice, or combination of practices determined by the local government to be the most effective, practical means of preventing or reducing the amount of pollution generated by the development to a level compatible with Florida Surface Water Quality Standards found in Chapters 17-301 and 17-302, F.A.C.

ii No site alteration shall result in violation of State and local water quality standards caused by siltation of wetlands or pollution of downstream wetlands, or reduce the natural retention of filtering capability of wetlands.

iii No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitos.

iv All site alteration activity shall provide for such water retention, filtration, and settling structures, and flow attenuation devices as may be necessary to ensure that the foregoing standards and requirements are met.

4.1.11 The City shall assess and evaluate the success or failure of the 2010 Comprehensive Plan to protect the natural functions of wetlands as part of the evaluation and appraisal report required pursuant to Section 163.3191, F. S. The City shall amend the 2010 Comprehensive Plan as needed, including reformulated objectives, policies and standards to protect the natural functions of the wetlands based on information provided by Policy 4.2.8.

Objective 4.2 By 1994, the City shall develop management and protection strategies for those contiguous and isolated wetlands which have particular ecological values for the City. Particular ecological values may include, but not be limited to, habitat utilized by listed species or other significant populations of wildlife, ecologically productive areas, water purification functions, or flood control.

Policies

4.2.1 By 1992, and each three years thereafter, the City will identify those contiguous and isolated wetlands which have particular ecological values for the City.

4.2.2 For those areas identified under Policy 4.2.1 which are also potential candidates for the Surface Water Improvement and Management (SWIM) program, the City shall aggressively pursue inclusion in the program by the SJRWMD.

4.2.3 For each area initially identified in Policy 4.2.1, the City will develop a management plan under the Special Management Areas program by 1994. Such plans shall ensure the protection of the functions and values of the wetlands such as water purification, nursery areas, physical barriers, flood control, habitat, and ecological productivity. Each Special Management Area plan shall consider the need for acquisition, recreation potential, buffer areas, changes in land use designation, density and construction of septic tanks, vegetation removal, and other matters as appropriate. The management plans for those areas identified in Policy 4.2.1 will be implemented by 1995. In addition, regulation of dredging and filling by State and federal agencies shall be reviewed for adequacy. Incentives for protection and management of these areas, such as the Jacksonville Land Trust, ad valorem tax relief, and Transfer of Development Rights, shall also be considered in each plan.

4.2.4 By 1993, there will be a Special Management Area designation with a management plan to protect the health and productivity of the Nassau River -St. Johns River Marshes Aquatic Preserve. Nassau County government representatives will be included in all meetings and workshops to develop the management plan which will include but not be limited to ways to prevent estuarine pollution, control surface water runoff, protect living marine resources, and ensure appropriate sites for water-dependent uses.

4.2.5 The City will continue to carry out its responsibilities under the current DNR Nassau River-St. Johns River Marshes Aquatic Preserve Management Plan, and will be an active participant in any subsequent revisions to the Plan.

4.2.6 The City shall forward all development proposals adjacent to aquatic preserves to the DNR for its review and comment.

4.2.7 By January 1, 1993, the City shall coordinate with the SJRWMD for:

a. the review and comment on all wetland resource aspects of all proposed permits to be issued by the SJRWMD within the City of Jacksonville.

b. review of all wetland resource aspects of all permits issued by the SJRWMD within the City of Jacksonville for the purpose of creating a database of information based upon the City's wetland categories including, but not limited to:

i. number of existing acres of wetlands according to Map L-14 (7) of the Future Land Use Element within each drainage basin within the City.

ii. number of acres of wetlands within each drainage basin within the City by category being impacted by permits issued by the SJRWMD.

iii. number of acres, location and type(s) of mitigation.

iv. mapping of existing wetlands, mitigation areas including mitigation parks, conservation easements, lands within the conservation land use category, special management areas, etc.

v. coordinating, exchanging and annual sharing of information collected in sections i - iv above with the SJRWMD, Department of Community Affairs and other interested parties.

c. develop a method of coordination of acquisition and/or mitigation to Special Management Areas designated pursuant to Objective 5.1 and related policies.

Objective 4.3 The City shall regulate land development activities in wetlands so as to complement and not duplicate existing wetland protection programs of the Florida Department of Environmental Regulation (DER), St. Johns River Water Management District (SJRWMD) and the U.S. Army Corps of Engineers (USACOE).

Policies

4.3.1 The City's Regulatory and Environmental Services Department (RESD) shall review all DER, SJRWMD and USACOE dredge and fill, management and storage of surface waters and stormwater permit applications within the City and comment where appropriate. The RESD shall review and comment on all permit applications which involve locally adopted standards involving such matters.

4.3.2 The City shall require all applications for final development orders to include a listing of those Florida Dredge and Fill, U.S. dredge and fill and Florida Management and Storage of Surface Waters permits that will be required for the site. All applications for final development orders shall include a delineation of all existing City jurisdictional wetlands on-site.

4.3.3 The City's wetland protection program shall not duplicate existing federal, State, or water management district programs. Issuance of a Management and Storage of Surface Waters permit pursuant to Chapter 373, F.S., a dredge and fill permit pursuant to Chapter 403, F.S., or a dredge and fill permit pursuant to the Federal Clean Water Act provides the assurances necessary that the encroachment, no net loss, stormwater treatment, hydrology, cumulative impacts and mitigation standards have been complied with but shall not include assurances as to the permitted land uses within each wetland classification or the following related standards (i) septic tanks, (ii) dredge and fill percentage, (iii) density, (iv) vegetation and (v) marina siting and operation, which the City shall review independently.

4.3.4 The City will meet regularly with adjoining counties, municipalities, and the Northeast Florida Regional Planning Council (NEFRPC) to review applications for any development, including stormwater discharge, which may adversely impact the quality of estuaries within the jurisdiction of more than one local government.

GOAL 5

Manage and protect unique or especially sensitive environments by establishing special management areas.

Objective 5.1 The City of Jacksonville shall establish a Special Management Areas program no later than three (3) months after the City's 2010 Comprehensive Plan is found in compliance by the Department of Community Affairs.

Policies

5.1.1 The City recognizes environmentally sensitive lands within the City previously recognized by other governmental action. These areas are: the Nassau River-St. Johns River Marshes Aquatic Preserve, the Julington Creek/Durbin Creek CARL Project area, the Northeast Florida Regional Wildlife Mitigation Park (gopher tortoise preserve), Cedar Swamp, and the Timucuan Ecological and Historic Preserve. Upon adoption of the 2010 Comprehensive Plan these five areas will be designated as the first 'Special Management Areas' for the City. Individual management plans including Land Development Regulations and acquisition will be developed to protect the unique features of each area and implemented no later than six (6) months after the City's 2010 Comprehensive Plan is found in compliance by the Department of Community Affairs.

5.1.2 After 1993, BESD and the Planning Department will annually report to the City Council any additional areas to be considered as Special Management Areas, including those wetland areas identified in Policy 4.2.1, with an analysis of special features requiring protection, and shall develop draft ordinances designed to protect the special features of each Special Management Area. Ordinances may include, but not be limited to, waste disposal, physical setbacks, stormwater management, hazard mitigation, wetlands protection and protection of vegetation. If the Special Management Area plan is not approved by the City within 10 months of its introduction, the plan will be reviewed by BESD and the Planning Department for possible modifications prior to the next annual Special Management Area report to the City Council.

5.1.3 By 1993, there will be a Special Management Area designation with a management plan to protect the health and productivity of the St. Johns River-Nassau River Marshes Aquatic Preserve. Nassau County government representatives will be included in all meetings and workshops to develop the management plan which will include, but not be limited, to ways to prevent estuarine pollution, control surface water runoff, protect living marine resources, and ensure appropriate site for water-dependent uses.

5.1.4 The City shall, by 1993, establish the Jacksonville Land Trust to acquire, through purchase, donation or other methods, environmentally sensitive areas or interests in land other than fee simple for protection and recreation purposes. Money in the Jacksonville Land Trust should be used in part as match money for State and federal acquisitions within the Special Management Areas.

5.1.5 The City shall prepare a land acquisition priority list updated annually by 1991, consisting of those areas designated for acquisition in the land use plans for Special Management Areas.

5.1.6 The City shall increase public acquisition of sensitive wetland areas adjacent to the rivers and tributaries in the City as described and identified in the Special Management Areas Program.

GOAL 6

The City shall protect, conserve, and manage its sandy beach coastline and dune system, as well as continue to ensure that access to beaches and shorelines is available to the public.

Issue: Preserving the Beach/Dune System

The City fully recognizes the economic, recreational, and resource value of its beaches. Perhaps unique to Jacksonville, all ocean fronting land within the City's boundaries is in public ownership. Given the absence of poorly sited and threatened upland development, the City's beach management problems are limited. Erosion at the southern tip of Little Talbot Island has necessitated shore armoring, and the beaches of Kathryn Abbey Hanna Park are subject to periodic artificial nourishment as part of a larger, federally authorized beach restoration project.

Duval County's sixteen miles of coastline fronting the Atlantic Ocean consists of barrier islands north and south of the mouth of the St. Johns River. Ocean fronting lands within the City of Jacksonville run from the county line on the Nassau River south to the City of Atlantic Beach. Virtually all of this land is in public ownership and, with the exception of U.S. Naval Station/Naval Air Station Mayport, is relatively undeveloped and used for conservation and recreational purposes. In turn, the City's beach management strategy is to preserve publicly owned beach/dune systems; participate in the restoration of damaged beaches and dunes; and provide adequate public access to the City's beaches, shorelines, and waterways.

Objective 6.1 The ocean fronting beaches and dunes within the City's jurisdiction shall be maintained predominantly in their natural state for conservation and recreational uses.

Policies

6.1.1 All activities which may result in man-induced erosion or would threaten the stability of the beach/dune system are prohibited.

6.1.2 Construction seaward of the State's Coastal Construction Control Line is prohibited. An exception shall be for passive recreation and access structures.

6.1.3 No new shore hardening structures shall be permitted, pursuant to Chapter 161, F. S Reconstruction of existing erosion control structures is prohibited except for public navigation and emergency transportation corridors.

6.1.4 Native vegetation within the City's beaches shall be preserved.

6.1.5 Native vegetation shall be required as the stabilizing medium in any re-vegetation or restoration program.

6.1.6 Vehicular driving on the beach and primary dunes shall be prohibited except for emergency and maintenance purposes, or pursuant to an approved beach management plan.

6.1.7 By 1991, the City shall develop a beach management plan for Huguenot Memorial Park to prevent vehicular damage to the dunes and dune stabilizing vegetation.

6.1.8 The City shall participate through City support services, personnel, and equipment with private and non-profit organizations in a dune enhancement and revegetation program (such as the current program with the Boy Scouts of America to stabilize the beaches and dunes with discarded Christmas trees) to restore damaged and breached dunes to their historical conditions. This program shall include preservation and enforcement provisions.

Issue: Restoring Damaged Beaches

Jacksonville Beach Island, which extends from the St. Johns River to the south county line, has historically experienced severe beach erosion. This ten mile stretch of beach was artificially restored in 1974, and subsequently renourished. Prior to restoration, the beach and dune system had been destroyed and the shoreline armored with sea walls and granite revetments to protect extensive upland development. The U.S. Naval Station/ Naval Air Station Mayport and Kathryn Abbey Hanna Park are the only segments of the restoration project within the City's boundaries. However, the City, acting as Duval County, serves as the local sponsor for this project, which encompasses Atlantic Beach, Neptune Beach, and Jacksonville Beach.

Objective 6.2 The City shall encourage the continuance of the federally authorized Jacksonville Beach Restoration Project.

Policies

6.2.1 The City, acting as Duval County, shall consider its continuation as the local sponsor for the Jacksonville Beach Restoration Project.

6.2.2 Restoration activities shall not interfere with sea turtle nesting. Re-vegetation activities associated with the beach restoration project shall utilize native vegetation.

6.2.3 The City, acting as Duval County, shall recommend Land Development Regulations to participating local governments to protect the performance and longevity of restored beaches.

6.2.4 In order to maximize federal and state funding participation, the City shall request participating local governments to ensure the availability of adequate public access within the beach restoration projects boundaries.

6.2.5 The City shall discourage any ocean dumping of beach-compatible sand from channel dredging by the federal government by providing alternative disposal sites through interlocal agreements with the local governments of the beach communities of Duval County to accept such sand for beach renourishment. By 1993, the City shall undertake a study to catalogue for evaluation approaches to beach stabilization as alternatives, or complements to beach renourishment.

Issue: The Public's Right to Access

The City has a responsibility to provide public beach access and access for fishing and other waterfront recreation. There are currently 17 public boat access sites, and ample beach access at Kathryn Abbey Hanna Park, Huguenot Memorial Park, and Little Talbot Island. Future limitations on beach access will largely be a function of parking availability.

Objective 6.3 The City shall continue to ensure that access to beaches and shoreline is available to the public. Additional saltwater fishing facilities and parking for coastal access shall be provided by 1995.

Policies

6.3.1 By 1992, the Recreation and Parks Department shall develop as part of its Master Recreation Improvement Plan a program to expand the availability of public access, saltwater fishing facilities and parking, and recommend a method to fund acquisition and construction.

6.3.2 The City shall accept donations of shoreline lands suitable for use as public access or parking sites.

6.3.3 All public access facilities within the coastal area shall be subject to the policies relating to public access contained in the Recreation and Open Space Element of the 2010 Comprehensive Plan.

6.3.4 Where appropriate, the City shall participate in intergovernmental agreements with federal and State agencies regarding the use of land and access to government-owned properties in the coastal area for public use.

6.3.5 The City shall continue to maintain public access to all beaches renourished at public expense and continue to enforce the public access requirements of the 1985 Coastal Zone Protection Act.

Issue: Construction Standards

In order to minimize the impacts of man-made structures on the beaches or the dunes, special construction standards should be addressed which provide assurances that these natural resources shall be protected by either public or private construction improvements.

Objective 6.4 The City shall establish by April 1, 1991, construction standards which minimize the impacts of man-made structures on beach or dune systems.

Policy

6.4.1 By April 1, 1991, the Public Works Department shall establish construction standards for both public and private developments which minimize the impacts of man-made structures on beach or dune systems. These standards shall include, but not be limited to roadways, ramps, walkways, pavilions, recreation structures, retaining walls, and fences.

GOAL 7

The City shall make every reasonable effort to ensure the public safety, health, and welfare of people and property from the effects of coastal storm and hurricane damage.

Issue: Timing Hurricane Evacuation

Total evacuation clearance times for Jacksonville and Atlantic Beach, Jacksonville Beach and Neptune Beach are manageable. However, for the area not to exceed a maximum hurricane evacuation time of 23 hours for a Category 3 storm event will necessitate proper traffic control and early evacuation decision making. The scheduling of future roadway improvements must address volume and capacity as related to hurricane evacuation. The City fully recognizes the critical importance of intergovernmental coordination with neighboring beach communities and adjacent counties.

Objective 7.1 The City, acting as Duval County, shall reduce excessive hurricane evacuation times where they exist within specific areas of designated Hurricane Evacuation Zones and maintain all other evacuation times within the acceptable standard.

Policies

7.1.1 The City establishes 23 hours as the maximum acceptable hurricane evacuation time standard for a Category 3 storm event, based upon the following criteria:

A. A 10.5 hour behavioral response scenario.

B. The requirement to evacuate prior to gale force winds, which is a maximum of 12.5 hours prior to hurricane landfall.

7.1.2 The City, acting as Duval County, will develop and implement provisions for increasing the rate of evacuee mobilization, including the expansion of its comprehensive awareness program, to ensure that Duval County residents and visitors are informed regarding evacuation zones, clearance times, shelter locations and capacities, and evacuation routes.

7.1.3 The City, acting as Duval County, shall review, and update as necessary, the hurricane evacuation portion of the Local Peacetime Emergency Plan prior to June 1 of each year. The latest versions of, or changes to, all State and regional emergency plans shall be incorporated to ensure intergovernmental plan consistency.

7.1.4 By 1991, the City, acting as Duval County, shall establish a formalized intergovernmental strategy for hurricane evacuation planning with adjacent counties and municipalities with the County.

7.1.5 By April 1,1991, the City shall establish procedures and guidelines for assessing the impact of a new development and redevelopment on hurricane evacuation times. Such procedures and guidelines shall be adopted and implemented in a manner consistent with the requirements of Section 163.3202(1), F.S., and therefore shall be formalized and integrated into the City's Land Development Regulations.

7.1.6 The City shall not amend the Future Land Use Element or the Future Land Use Map series unless: the requested change can be determined to not exceed the established hurricane evacuation times; the requested change is for a lower density; or the requested change for increased density provides adequate remedies to reduce impacts on hurricane evacuation times which exceed the acceptable standard.

7.1.7 By 1993 all new development and redevelopment within Hurricane Evacuation Zones shall be consistent with hurricane evacuation times and the Future Land Use Element of the 2010 Comprehensive Plan.

7.1.8 The Public Safety Department shall review all development orders for projects located within Hurricane Evacuation Zones and recommend development conditions where necessary.

7.1.9 The cumulative impact of development orders or permits shall not exceed the established hurricane evacuation time.

7.1.10 The City Traffic Engineer and Civil Defense Director shall review at least annually evacuation route road needs to ensure that the necessary improvements are incorporated within the Capital Improvements Element and Traffic Circulation Element.

7.1.11 The City shall utilize hurricane evacuation times, as well as Level of Service standards, in determining the timing and priority of roadway improvements as contained within the Traffic Circulation Element. Existing evacuation route deficiencies shall be included in the five year schedule of capital improvements.

Issue: Providing Hurricane Shelter

Although the City currently has sufficient shelter space, continued growth within hurricane vulnerable areas outside of the City's jurisdictional boundaries presents the real possibility of future deficiencies given a severe storm scenario. It is the City's intent to monitor the relationship between population growth and shelter capacity to ensure the provision of additional shelter spaces, as determined to be necessary. Further, the City will continue to assist in the emergency preparedness requirements of its people with special needs.

Objective 7.2 Adequate shelter space shall continue to be available for the population in the Hurricane Evacuation Zones at risk under a Category 3 storm event. The City, acting as Duval County, shall have a mechanism in place to assist in providing shelter and transportation for people with special needs during an emergency.

Policies

7.2.1 The City, acting as Duval County, shall maintain its current shelter capacity for 45,000 persons through the year 2000.

7.2.2 By 1995, the Director of Public Safety, with assistance from State and regional agencies, shall establish the target shelter demand for the year 2005, and make recommendations on additional policies and strategies to ensure, if needed, the availability of additional shelter space.

7.2.3 In the event that the Director of Public Safety determines that there will be a future shortage of shelter space, requirements for on-site shelter facilities shall be incorporated into the Land Development Regulations for new residential development inside the Category 3 storm event areas of the Hurricane Evacuation Zones.

7.2.4 The Public Safety Department shall, for evacuation purposes, continue to identify the special needs population of Duval County, and provide appropriate facilities and services through the Public Health Department, with the assistance of such government and quasi-government agencies as the American Red Cross, the Hospital Disaster Council, the Visiting Nurses Association, and other similar agencies.

7.2.5 The City shall pursue interlocal agreements with the municipalities in Duval County to require new hospitals, congregate living facilities, nursing homes, and facilities for the developmentally disabled to prepare an emergency preparedness plans acceptable to the Civil Defense Director prior to receiving a final development order from their respective jurisdictions.

Issue: Restricting Imprudent Coastal Development

The City will continue to enforce building standards and requirements to minimize structural damage to property in hazardous coastal areas. Future City expenditures for infrastructure improvements will be limited to meeting the needs of existing residents and resource protection. Land use decisions will direct new development to areas outside of hazardous coastal areas.

Objective 7.3 Limit public expenditures that subsidize growth by ensuring that building and development activities are carried out in a manner which minimizes danger to life and property from natural disasters and restricting the intensity of development within designated Coastal High Hazard Areas consistent with public safety needs.

Policies

7.3.1 The City shall designate the Coastal High Hazard Areas as those areas, which are within the Federal Emergency Management Agency V (Velocity) Zones, as delineated on August 15, 1989, and areas seaward of the Florida Department of Natural Resources Coastal Construction Control Line.

7.3.2 The City shall continue to participate in the National Flood Insurance Program.

7.3.3 The City shall maintain requirements for wind resistance, as stated in the latest edition of the Standard Building Code.

7.3.4 Shoreline development in Coastal High Hazard Areas shall be protected by vegetation, setbacks, and/or restoration, rather than by seawalls or other coastal protection structures which contribute to erosion. Exception may be made for navigation and emergency transportation purposes.

7.3.5 The City shall limit the expenditure of public funds in Coastal High Hazard Areas to the restoration or enhancement of natural resources and to the replacement and renewal of existing public facilities which may be expanded and imported.

7.3.6 Established hurricane evacuation times and route capacities within Coastal High Hazard Areas shall not be exceeded.

7.3.7 All public lands within Coastal High Hazard Areas shall be designated for conservation purposes consistent with the Future Land Use Element's Conservation land use classification.

7.3.8 By April 1, 1991, all Land Development Regulations shall be reviewed and revised to reduce the vulnerability of any existing development within Coastal High Hazard Areas.

7.3.9 Identify by 1991, areas within the CHHA which are considered blighted, and propose programs which will eliminate unsafe conditions and encourage economic redevelopment.

Issue: Following a Natural Disaster

The City, acting as Duval County, shall provide immediate assistance to residents in order to secure and make minor repairs to unsafe, storm-damaged structures. Mitigative actions will be undertaken to reduce or avoid future property damage. Options other than reconstruction will be considered for public facilities experiencing substantial damage. Beach and estuarine properties which are determined to be unsuitable for redevelopment may be considered for acquisition.

Objective 7.4 Limit development density and intensity within the Coastal High Hazard Area (CHHA) and direct it outside of the CHHA, and mitigate the impact of natural hazards in the area.

Policies

7.4.1 By April 1, 1991, the City shall require that all land development applications within the Coastal High Hazard Area be planned and obtain approval pursuant to a site plan review process, to ensure that development is compatible with site characteristics.

7.4.2 Upon adoption of the 2010 Comprehensive Plan, all land development applications within the Coastal High Hazard Area (CHHA) shall be reviewed by the Planning Department, Civil Defense Division and Public Works Department for verification of consistency with the goals, objectives and policies of the 2010 Comprehensive Plan and all Land Development Regulations, including but not limited to, pertinent sections of the Federal Flood Insurance Program and all applicable flood control regulations.

7.4.3 By 1991, the City shall prohibit the location of development within areas of the CHHA which have sustained recurring hurricane related damage.

7.4.4 By 1991, the City shall limit the density of new residential development within the FEMA Velocity-Zone of the CHHA to a maximum of three dwelling units per net acre or the maximum density shown on the Future Land Use Map series for the area within V-Zone, whichever is less. Maximum density/intensity of new non-residential development within any areas of the CHHA located outside of the FEMA Velocity-Zone shall be limited to the density/intensity for those areas as indicated on the Future Land Use Map series. Furthermore, during the review of a single project on a site that is located partially within the CHHA, any reduction in residential development potential within the FEMA Velocity-Zone resulting from the limit of 3 dwelling units per net acre within that area may be recaptured on the subject site within areas not in the CHHA, where such recapture is consistent with other provisions of the 2010 Comprehensive Plan.

7.4.5 The City shall require by April 1, 1991 that non-industrial redevelopment activities within the FEMA Velocity-Zone of the Coastal High Hazard Area be limited to the density/intensity in existence for the development site prior to the effective date of the 2010 Comprehensive Plan or be limited to three dwelling units per net acre, whichever is lower.

7.4.6 The City shall by 1991, limit the intensity of new industrial development within the CHHA to the maximum intensity threshold associated with the Light or Water-Dependent/Water-Related land use category, or to the maximum intensity allowed by any other categories permitting industrial development, whichever is lower.

7.4.7 The City, by 1991, shall require that the intensity of industrial redevelopment activities within the CHHA be limited to the intensity in effect for the development site prior to the effective date of the 2010 Comprehensive Plan, or the maximum intensity associated with the future land use designation on the project site, whichever is lower.

7.4.8 The City shall by 1991, promote, in instances where a proposed project is located entirely within the CHHA, the clustering of uses. Such clustering will be used to limit the acreage within the CHHA, that will be affected by the proposed development, and will serve to limit the amount of infrastructure provided within the CHHA. Density limits that are otherwise applicable to future land use categories may be waived for purposes of implementing the clustering concept identified in this policy.

7.4.9 The City, by 1991, shall prohibit the siting of new acute care medical facilities within the Coastal High Hazard Area. Furthermore, existing medical facilities within the CHHA shall be discouraged from locating new facilities or expanding existing facilities. Medical facilities, as defined in this policy, shall be limited to those regulated by Chapter 464, F.S.

7.4.10 The City shall utilize the definition of CHHA, as contained in the definitions section of this plan, in the application of all policies related to the CHHA.

7.4.11 Those regulations relating to development activity in the CHHA will be incorporated into the Land Development Regulations, consistent with Section 163.3202, F.S.

Objective 7.5 Within 60 days of the occurrence of a major destructive storm the City shall prepare a post-disaster plan to reduce or eliminate the exposure of human life and property to natural hazards.

Policies

7.5.1 The current Local Peacetime Emergency Plan (PEP) shall be modified to comply with the policies under this objective, and shall contain step-by-step details for post-disaster recovery operations. Further, the hazard mitigation section of the PEP shall be reviewed and updated every three (3) years thereafter.

7.5.2 After a hurricane, but prior to re-entry of the population into evacuated area, local officials shall meet to hear preliminary damage assessments, appoint a Recovery Task Force, and consider a temporary moratorium on building activities not necessary for the public health, safety and welfare.

7.5.3 The Recovery Task Force shall include the Chief Administrative Officer, Public Safety Director, Civil Defense Director, Public Works Director, Public Utilities Director, Managing Director of the J.E.A., Chief of Building and Zoning Inspection Division, and other members as directed by the City. Staff shall be provided by the departments whose directors sit on the Task Force. The Task Force shall be terminated after implementing its responsibilities under Policy 7.5.7.

7.5.4 The Recovery Task Force shall review and decide upon emergency building permits; coordinate with State and federal officials to prepare disaster assistance applications; analyze and recommend to the City hazard mitigation options including reconstruction or relocation of damaged public facilities; develop a redevelopment plan; and recommend amendments to the 2010 Comprehensive Plan and the Peacetime Emergency Plan, and other appropriate policies and procedures.

7.5.5 Immediate repair and cleanup actions needed to protect the public health and safety include repairs to potable water, wastewater, and power facilities; removal of debris; stabilization or removal of structures about to collapse; and minimal repairs to make dwellings habitable. These actions shall receive first priority in permitting decisions. Long-term redevelopment activities shall be postponed until the Recovery Task Force has completed its task.

7.5.6 The City shall develop and adopt prior to the 1991 hurricane season a formal decision making process to evaluate options in light of factors such as cost to construct, cost to maintain, recurring damage impacts on land use, impacts on the environment, and public safety.

7.5.7 The Recovery Task Force shall propose amendments to the 2010 Comprehensive Plan which reflect the recommendations in any interagency hazard mitigation reports or other reports prepared pursuant to Section 406 of the Disaster Relief Act of 1974 (PL 93-288).

7.5.8 If rebuilt, structures which suffer damage in excess of fifty percent of their appraised value shall be rebuilt to meet all current building and code requirements, including those enacted since original construction of the structure.

7.5.9 Structures which suffer substantial damage to pilings, foundations, or loadbearing walls shall be required to rebuild landward of their current location or to modify the structure to delete the areas most prone to damage.

7.5.10 The City shall identify any existing non-public structures in the Coastal High Hazard Area, inventory their assessed value, judge the utility of the land for public access or resource protection, and make recommendations for acquisition during post-disaster recovery.

7.5.11 The City shall consider and implement where appropriate the recommendations of the hazard mitigation annex of the local Peacetime Emergency Plan.

7.5.12 The City shall prohibit the location of development within areas (within the CHHA) which have sustained recurring hurricane-related damage, using various methods including, but not limited to, fee simple acquisition and the application of overlay zoning restrictions within the Coastal High Hazard Area.

GOAL 8

The City shall provide for the protection, preservation, and sensitive reuse of historic resources in the coastal area.

Issue: Preserving Historical Resources

The City has elected to prepare an optional Historic Preservation Element. Therefore, the criteria and policies for preserving historic and archaeological resources are detailed elsewhere in the 2010 Comprehensive Plan. Historic resources in Jacksonville's coastal areas of particular significance include Kingsley Plantation, San Juan del Puerto, and Fort Caroline National Memorial.

Objective 8.1 To protect historic and archaeological resources in the coastal area in accordance with the objectives of the Historic Preservation Element of this plan.

Policy

8.1.1 The City shall implement the applicable policies of the Historic Preservation Element in order to achieve the objective of this element.

GOAL 9

The appropriate services and infrastructure as required to maintain the Level of Service standards established within the 2010 Comprehensive Plan shall be provided in the coastal area as proposed development occurs, consistent with the Future Land Use Element.

Issue: Providing Services and Infrastructure

For planning purposes, the City has determined that the Level of Service standards established elsewhere in the 2010 Comprehensive Plan are sufficient to serve development and redevelopment in the coastal area.

Objective 9.1 Establish Levels of Service, service areas and phasing of improvements for the coastal area consistent with the Public Utilities Element of the 2010 Comprehensive Plan.

Policies

9.1.1 The Levels of Service, service areas and phasing of improvements for roadways within the coastal area shall be those contained within the Traffic Circulation Element of the 2010 Comprehensive Plan.

9.1.2 The Levels of Service, service areas and phasing of improvements for potable water within the coastal area shall be those contained within the Potable Water Sub-Element of the 2010 Comprehensive Plan.

9.1.3 The Levels of Service, service areas and phasing of improvements for sanitary sewer facilities within the coastal area shall be those contained within the Sanitary Sewer Sub-Element of the 2010 Comprehensive Plan.

9.1.4 Infrastructure projects shall be consistent with coastal resource protection and public safety/ hurricane evacuation standards contained in this element.

9.1.5 The Levels of Service for recreational facilities within the coastal area shall be those contained in the Recreation and Open Space Element of the 2010 Comprehensive Plan.

9.1.6 The Levels of Service for solid waste facilities and management shall be those contained in the Solid Waste Sub-Element of the 2010 Comprehensive Plan.

GOAL 10

To provide for the siting and operation of new marinas in such a manner as to protect water quality, maintain propagation of fish and wildlife, and maintain fishing, recreation, and swimming, and in a manner consistent with the Recreation and Open Space Element of the 2010 Comprehensive Plan.

Objective 10.1 New marinas shall be sited in a manner which is compatible with existing and proposed land uses and existing protective status or ownership.

Policies

10.1.1 The location of future marinas shall be consistent with the recommendations within the Future Land Use and Recreation and Open Space Elements of the 2010 Comprehensive Plan, as well as any District Plan, and any other special study or plan adopted by the City such as the Marina Siting Plan.

10.1.2 New marinas shall be prohibited in the following areas:

Areas approved or conditionally approved by the Florida Department of Natural Resources for shellfish harvesting.

Areas described by the Inter-State Shellfish Sanitation Conference (ISSSC) buffer zone calculation for individually proposed marinas.

Areas designated in the Conservation/Coastal Management Element as potential areas to be opened for shellfish harvesting.

Areas designated as 'vital' to the manatee as designated in the Manatee Protection Plan currently under preparation. Pending completion of this plan, no new marina shall be constructed within a 4,000 foot radius of the JEA Kennedy thermal outfall.

The Nassau River/St. Johns River Marshes Aquatic Preserve, as described in Official Records Volume 3183, pages 547-552, current public records of Duval County, Florida and in Official Records Book 108, pages 232-237, current public records of Nassau County, Chapter 18-20.002 (7) (a) (2) F.A.C., and other Aquatic Preserves, as designated by the State.

Outstanding Florida Waters

Class II Waters

Other new marina prohibition areas to be contained in Special Management Areas.

10.1.3 New or expanding marinas shall preserve any historical and archaeological sites found on the property, and sensitively incorporate them into their development plans in accordance with the Historic Preservation Element, or mitigate impacts in accordance with the guidelines of the State Historic Preservation Officer's procedures.

10.1.4 The City shall prepare a marina siting plan by June 1993 to incorporate manatee protection, fish nursery preservation and other environmental concerns, economic need, and feasibility. The City's marina siting plan shall provide for the implementation of the marina siting criteria found in this section and the following criteria:

Construction and expansion of multi-slip docking facilities and boat ramps shall be directed to locations where there is quick access to deep, open water; where the associated increase in boat traffic will be outside the areas of high manatee concentration; and where wetlands supporting manatee habitat will not be disturbed.

Priority should be given to the expansion of existing facilities, if environmentally sound, over new facilities. Location of marinas in previously disturbed areas and in areas that have historically been used for marine-related activities should be given preference over sensitive natural areas.

Permit applications for all boating facilities, including single-family docks and dry storage, shall be evaluated in the context of cumulative impacts on manatees and other freshwater and marine resources.

Location of marinas in highly productive habitats shall be discouraged.

Marinas shall be located only in or near well flushed, deep water areas where the least maintenance or dredging is required.

Marinas shall be located as close as possible to public demand.

Increase public access by encouraging marinas to be open to the public on a first come, first served basis.

. All structures and other activities shall be within the riparian rights area of the applicant and shall be designed in a manner that will not restrict or otherwise infringe upon the riparian rights of adjacent upland riparian owners.

10.1.5 Pending completion of the marina siting plan, the City shall review the application for any proposed marina to ensure consistency with Conservation/Coastal Management Policy 10.1.2 and Objectives 10.2, 10.3, 10.4, 10.5, and 10.6, and each of their policies. Development orders will not be issued for marinas that do not satisfy the standards contained in those objectives and policies.

Objective 10.2 New or expanding marinas shall be sited and built with adequate upland support services.

Policies

10.2.1 Parking facilities at new and expanding marinas shall meet standards applicable to parking facilities at City marinas as described in the Recreation and Open Space Element of the 2010 Comprehensive Plan.

10.2.2 Access consistent with the Levels of Service established within the Traffic Circulation Element shall be provided by all new marinas.

10.2.3 New or expanding marinas must locate non-water dependent facilities such as, but not limited to, parking areas, bait shops, and restaurants on upland areas. Exceptions may be allowed in cases where it is clearly in the public interest or sensitive upland areas may be affected.

Objective 10.3 New or expanding marinas shall provide adequate protection against storm surges, winds, hurricanes, petroleum, chemicals, or other hazardous material spills.

Policies

10.3.1 New marinas shall provide effective measures for protection of life and property against hurricanes. New structures shall comply with all applicable construction codes.

10.3.2 All marinas shall demonstrate the capability to promptly contain and dispose of any spills of petroleum or other hazardous materials within their boundaries. An Environmental Protection Board Rule will be developed by 1992 insuring implementation and compliance with this policy.

Objective 10.4 All marinas must ensure protection of water quality.

Policies

10.4.1 New marinas or expanding marinas shall demonstrate the capability to control and treat storm water run-off by demonstrating compliance with the requirements of the SJRWMD and the DER.

10.4.2 All marinas must handle sewage in accordance with applicable standards by means of on site pump-out with adequate on site treatment facilities, connection to a wastewater treatment plant, or as otherwise required. An Environmental Protection Board Rule will be developed by 1992 and the Land Development Regulations will be amended.

10.4.3 Prior to construction, all new or expanding marinas must demonstrate that construction and operation of the facility will comply with state water quality standards and any other local regulations.

Objective 10.5 New or expanding marinas must provide adequate depth for vessels anticipated, and shall provide for safe access to channels.

Policies

10.5.1 New or expanding marinas shall demonstrate adequate water depths by demonstrating compliance with the requirements of the DER and the DNR.

10.5.2 New or expanding marinas shall delineate ingress and egress points by channel markers indicating speed limits and other applicable regulations. All markers shall be in accordance with Section 327.40(1), F.S. and 33 CFR Part 66.

Objective 10.6 New or expanding marinas must be designated to minimize environmental disruptions and mitigate for such disruptions when unavoidable.

Policies

10.6.1 Construction and operation of marinas shall be designed to minimize or eliminate adverse impacts on fish and wildlife habitat. Special attention and consideration shall be given to endangered and threatened species habitat.

10.6.2 To the maximum extent possible, shoreline stabilization must be accomplished with preservation or establishment of appropriate native wetland vegetation. Rip rap materials, pervious interlocking brick systems and other similar stabilization methods must be utilized in lieu of vertical sea walls wherever feasible.

10.6.3 Piling construction and other non-dredge fill techniques shall be utilized where possible to minimize habitat destruction.

10.6.4 Mitigation for impacts to fish and wildlife and water quality shall be as required by DER, DNR, and the USCOE or local regulations, if developed, pursuant to the policies in this element.

10.6.5 All marinas shall distribute a manatee awareness booklet which contains reminders for protection of the manatee and its habitat, and shall maintain informational signs explaining the manatee protection zones established in the manatee protection plan mandated by the Governor and the Cabinet.

10.6.6 By 1991, regulatory protection zones shall be adopted for the protection of the manatee and its habitat in areas frequented by manatees.

10.6.7 In reviewing applications for new docking facilities or expansion of existing facilities, ways to improve, mitigate, or restore adverse environmental impacts caused by previous activities shall be explored. This may include shallowing dredged areas, restoring wetland or submerged vegetation, or making navigational channels. Such mitigation or restoration may be required as condition of approval for new or expanded facilities.

Objective 10.7 The City must ensure adequate enforcement of the above objectives and reduce permitting overlaps among agencies.

Policies

10.7.1 New marinas shall be inspected at least once during construction, and all marinas must be inspected at least once each year to ensure compliance with all requirements. The BESD will design and implement a water quality monitoring program for marinas within the City. If it can be determined that the docking facility and/or the riparian uplands are causing water quality violations, then the lessee will be given written notice to correct the problems, in accordance with the BESD's August 1986 Water Pollution Activity Enforcement Standard Operating Procedure.

10.7.2 The City shall enter into interagency agreements with regulatory and planning agencies to carry out enforcement and planning and regulatory functions effectively and efficiently.

GOAL 11

To ensure that development within the Coastal Area is compatible with the Coastal Area's natural character.

Issue: Development compatibility with limited available shoreline and natural resources.

Alteration of natural processes by coastal development has led to water quality problems, erosion problems, and a decline in natural habitat and fish and wildlife resources. Various water-dependent, water-related, water enhanced and non-water related uses are competing for the limited existing shoreline in Jacksonville. Many of these uses, improperly located, can cause incompatibilities with adjoining shoreline uses.

Objective 11.1 To establish land use criteria which give priority to the siting and development of water-dependent uses within the Coastal Area, as compared with other shoreline uses.

Policies

11.1.1 Upon adoption of the 2010 Comprehensive Plan, the City shall prioritize the siting of water-dependent and water-related uses according to the chronology listed hereinafter. Uses listed first shall generally be given the highest priority when being sited along the shoreline and uses listed last would be given the least priority when being sited along the shoreline.

1) Conservation or Public Use

2) Water-dependent

a) Military (where necessary to assure the security of the United States)

b) Ports and other water-dependent industry

c) Water-dependent transportation facilities

d) Water-dependent utilities

e) Water-dependent commercial

3) Water-related industrial

4) Water-related commercial

5) Residential

11.1.2 Upon adoption of the 2010 Comprehensive Plan, the following performance standards shall be utilized for shoreline development:

A. The shoreline configuration shall not be altered except for activities which can be demonstrated (i) to be in the public interest, and (ii) not to adversely impact water, natural habit and adjacent shoreline.

B. No new direct discharge of untreated stormwater runoff shall be allowed into natural water bodies or watercourses. Adequate treatment of such stormwater must be adequately demonstrated.

Objective 11.2 The City shall support the Jacksonville Port Authority in the orderly development, promotion and use of the Port of Jacksonville insofar as those efforts are in compliance with the 2010 Comprehensive Plan.

Policies

11.2.1 The City shall continue to participate in the review of development plans for the Port of Jacksonville, supporting those plans which are consistent with the 2010 Comprehensive Plan.

11.2.2 The City shall identify and reserve areas for port development through the designation of Water-Dependent/Water-Related land use.

11.2.3 The City shall discourage through the Land Development Regulations new land uses within the designated port area(s) which are non-water dependent and/or non-water related, such as residential, and advocate replacement of inconsistent land uses with land uses which are water-dependent and/or water related, such as cargo shipping terminals and boat repair yards. Conversely, the City shall retain and support the viability of existing port and water-related activities and industries and deter their movement away from existing port area(s).

11.2.4 The City shall support those plans for redevelopment of existing, or development of new, port and port-related facilities which are consistent with the Future Land Use; Conservation and Coastal Management; and Ports, Aviation and Related Facilities Elements of the 2010 Comprehensive Plan.

11.2.5 Stormwater runoff from marine industrial projects shall comply with the applicable stormwater management requirements of the St. Johns River Water Management District, federal, State and local agencies.

11.2.6 Port facilities shall use best management practices during construction, operation and maintenance to ensure that water quality violations will not occur and all dredging shall be consistent with the dredging plan developed pursuant to the water quality section of this Element.

11.2.7 Port facilities shall be designed, constructed and operated so as to minimize the risk to endangered species.

11.2.8 The City, acting as members of and as staff to the Technical Coordinating Committee of the Metropolitan Planning Organization planning process, shall coordinate with railroad, trucking, and marine shipping interests concerning the intermodal shipment of goods to improve the vitality of the City's economy, specifically as relates to maritime cargo shipping interests, while minimizing traffic conflicts on adjacent roadways.

11.2.9 The City through the Land Development Regulations, shall encourage new development involved in the import and export of heavy or bulk goods or recyclable goods to be located, when economically feasible, on sites near or adjacent to port or rail facilities in order to help minimize the number of heavy trucks on the region's highway system.

11.2.10 The City, through membership in and as staff to the MPO, shall coordinate with the Jacksonville Port Authority to implement its policies which relate to development and expansion of facilities designed to expedite the movement of persons and goods between various transportation modes.

DEFINITIONS

Agriculture Uses - Activities within land areas which are predominantly used for the cultivation of crops and livestock, including cropland, pastureland, orchards, vineyards, nurseries, ornamental horticulture areas, groves, confined feeding operations, specialty farms, and silviculture areas.

All Other Wetland Areas - Wetlands not included in the definition of Salt Water Marshes or Riverine/Estuarine Wetlands.

Aquifer - A geologic formation, group of formations, or rock layers, which are water-bearing.

Area Source - A pollution source which is insignificant individually, but which exists in large numbers and thus collectively impacts air quality (e.g. automobiles).

Areas Subject to Coastal Flooding - See 'Hurricane Vulnerability Zone'.

Attainment - An official designation by the Environmental Protection Agency as being in compliance with the National Ambient Air Quality Standards.

Beach - The zone of unconsolidated material that extends landward from the mean low water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. Beach, as used in the Conservation and Coastal Management Element requirements, is limited to oceanic and estuarine shorelines.

Best Management Practices - Administrative rules which identify work practices and odor control equipment applicable to the terpene chemical manufacturing industry and which are reasonably available based upon considerations of costs and environmental benefits.

Biochemical Oxygen Demand (BOD) - A measure of the amount of dissolved oxygen required in biochemical process to oxidize waste in water.

Cedar Swamp - Headwater wetlands and wetlands contiguous to the Cedar Swamp Creek within the following: Section 39, Township 3 South, Range 28 East; Section 15, Township 3 South, Range 28 East; Section 10, Township 3 South, Range 28 East; Section 3, Township 3 South, Range 28 East; Section 4, Township 3 South, Range 28 East; Section 33, Township 2 South, Range 28 East; Section 21, Township 2 South, Range 28 East; Section 28, Township 2 South Range 28 East; Section 4, Township 2 South, Range 28 East; Section 39, Township 2 South, Range 28 East.

Coastal Barriers - Barrier islands, spits, peninsulas, or similar landforms, including the Florida Keys, which front on the Atlantic Ocean, Gulf of Mexico, or Straits of Florida, and which separate estuaries or harbors from the open waters of the Atlantic Ocean, Gulf of Mexico, or Straits of Florida.

Coastal High Hazard Areas - (Also 'high-hazard coastal areas') Areas designated by local governments pursuant to Section 163.3178 (2) (h), F.S., and includes areas which have historically experienced destruction or severe damage, or are scientifically predicted to experience destruction or severe damage from storm surge, waves, erosion, or other manifestations of rapidly moving or storm driven water. These areas shall include all areas within the local government's jurisdiction where public facilities have been damaged or undermined by coastal storms, Federal Emergency Management Agency designated 'V' (Velocity) Zones, areas seaward of the Coastal Construction Control Line established by the Florida Department of Natural Resources pursuant to Chapter 161, Florida Statutes, and inlets which are not structurally controlled.

Coastal or Shore Protection Structures - Shore-hardening structures, such as seawalls, bulkheads, revetments, rubble mound structures, groins, breakwaters, and aggregates of materials other than natural beach sand used for beach or shore protection, and other structures which are intended to prevent erosion or protect other structures from wave and hydrodynamic forces, including beach and dune restoration.

Commercial Uses - Activities within land areas, which are predominantly connected with the sale, rental, and distribution of products, or performance of services.

Conservation Easement - A conservation easement is a right or interest in real property, which is appropriate to retaining land or water areas predominately in their natural state and as further defined by Section 704.06, F.S.

Conservation Uses - Activities within land areas designated for the purpose of conserving or protecting natural resources or environmental quality; and includes areas designated for such purposes as flood control, protection of quality or quantity of groundwater or surface water, flood plain management, fisheries management, or protection of vegetative communities, or wildlife habitats.

Development - The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels.

The following activities or uses shall be taken for the purposes of this element to involve development, as defined herein:

A reconstruction, alteration of the size, or material change in the external appearance of a structure on land.

A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land, or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.

Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any 'coastal construction' as defined in Section 161.021, F.S.

Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land.

Demolition of a structure.

Clearing of land as an adjunct of construction.

Deposit or refuse, solid or liquid waste, or fill on a parcel of land.

The following operations or uses shall not be taken for the purpose of this element to involve development as defined herein:

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.

Work by any utility and other persons engaged in the distribution or transmission of gas or water for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like.

Work for the maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.

The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling.

The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products, raising livestock, or for other agricultural purposes.

A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class.

A change in the ownership or form of ownership of any parcel or structure.

The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights of land.

Dune - A mound or ridge of loose sediments, usually sand-sized sediments, lying landward of the beach and extending inland to the landward toe of the dune which intercepts the 100-Year Storm Surge.

Estuary - A semi-enclosed naturally existing coastal body of water in which saltwater is naturally diluted by fresh water and which has an open connection with oceanic waters. Estuaries include bays, embayments, lagoons, sounds, and tidal streams.

Evacuation Routes - Routes designated by county civil defense authorities, or the regional evacuation plan, for the movement of persons to safety in the event of a hurricane.

Exceedance - A concentration of a pollutant at a level which is greater than the level allowed in the National Ambient Air Quality Standards.

Flood Plains - Areas inundated during a 100-Year flood event or identified by the National Flood Insurance Program, as an 'A' Zone or a 'V' (Velocity) Zone on Flood Insurance Rate Maps, or Flood Hazard Boundary Maps.

Goal - The long-term end toward which programs or activities are ultimately directed.

Historic Resources - All areas, districts, or sites containing properties listed on the Florida Master Site File, the National Register of Historic Places, or designated by a local government as historically, architecturally, or archaeologically significant.

Hurricane Shelter - A structure designated by local officials as a place of safe refuge during a storm or hurricane.

Hurricane Vulnerability Zone - (also 'areas subject to coastal flooding') The areas delineated by the regional or local hurricane evacuation plan as requiring evacuation. The hurricane vulnerability zone shall include areas requiring evacuation in the event of a 100-Year storm or Category 3 storm event.

Industrial Uses - The activities within land areas predominantly connected with manufacturing, assembly, processing, or storage of products.

Infrastructure - Those man-made structures which serve the common needs of the population, such as: sewage disposal systems, potable water systems, potable water wells serving a system, solid waste disposal sites or retention areas, storm water systems, utilities, piers, docks, wharves, breakwaters, bulkheads, seawalls, bulwarks, revetments, causeways, marinas, navigation channels, bridges, and roadways.

Level of Service (LOS) - An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level of Service shall indicate the capacity per unit of demand for each public facility.

Listed Species - Listed species shall include both plant and animal species. Listed animal species include those which are identified as endangered, threatened, or species of special concern by the Florida Game and Freshwater Fish Commission or the United States Fish and Wildlife Service. Listed plant species include those which are identified by the Florida Department of Agriculture and Consumer Services as endangered and those species identified by the United States Fish and Wildlife Service as endangered or threatened. All listed species are published in the Florida Game and Freshwater Fish Commission document 'Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida', April l, 1991, as amended.

Living Marine Resources - Oceanic or estuarine plants or animals, such as mangroves, sea grasses, algae, coral reefs, and living marine habitat, fish, shellfish, crustacea, fisheries, sea turtles, and marine animals.

Local Peacetime Emergency Plan (PEP) - The plans prepared by the county civil defense or county emergency management agency addressing weather-related natural hazards and manmade disasters except nuclear power plant accidents and war. The plan covers hazard mitigation, emergency preparedness, emergency response, emergency recovery and, in coastal counties, hurricane evacuation.

Major Source - A source which meets specific criteria contained in Chapter 17-2.100, F.A.C., relating to the quantity of pollutant emissions from the source.

Marina - A small craft harbor complex including those used primarily for recreational boat mooring or storage.

Marine Habitat - Areas where living marine resources naturally occur, such as mangroves, sea grass beds, algae beds, salt marshes, transitional wetlands, marine wetlands, rocky shore communities, hard bottom communities, oyster bars or flats, mud flats, coral reefs, worm reefs, artificial reefs, offshore springs, near shore mineral deposits, and offshore sand deposits.

Marine Wetland - Areas with a water regime determined primarily by tides and the dominant vegetation is salt tolerant plant species, including those species listed in Subsection 17-4.02 (17), F.A.C., 'Submerged Marine Species.'

Minerals - All solid minerals, including clay, gravel, phosphate, rock, lime, shells (excluding live shellfish), stone, sand, heavy minerals, and any rare earths, which are contained in the soils or waters of the State.

Mitigation - To mitigate, to make or become less severe or intense, moderate. The three types of mitigation in order of priority, as defined by the U.S. Fish and Wildlife Service, are as follow:

1. Avoiding the impact altogether by not taking a certain action or parts of an action.

2. Minimizing the impact by limiting the degree of magnitude of an action and its implementation.

3. Rectifying the impact by repairing, rehabilitating, or restoring the affected area.

Mobile Home - A structure transportable in one or more sections which, in the traveling mode, is eight body feet or more in width, and which is built on a metal frame and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. If fabricated after June 15, 1976, each section bears a U.S. Department of Housing and Urban Development label certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standards.

Mobile Sources - Non-stationary sources of pollution including, but not limited to, automobiles, trucks, buses, trains, planes, boats, construction equipment and agricultural equipment.

Natural Drainage Features - The naturally occurring features of an area which accommodate the flow of storm water, such as streams, rivers, lakes, and wetlands.

Natural Reservations - Areas designated for conservation purposes, and operated by contractual agreement with, or managed by, a federal, state, regional, or local government or nonprofit agency, such as: national parks, state parks, lands purchased under the 'Save Our Coast', conservation and recreational lands, or 'Save Our Rivers' programs, sanctuaries, preserves, monuments, archaeological sites, historic sites, wildlife management areas, national seashores, and 'Outstanding Florida Waters'.

Non-Attainment - An official designation by the Environmental Protection Agency as being in violation of the National Ambient Air Quality Standards.

Non-point Source Pollution - Any source of water pollution that is not a point source.

Objective - A specific, measurable, intermediate end that is achievable and marks progress toward a goal.

Oceanic Waters - Waters of the Atlantic Ocean, Gulf of Mexico, or Straits of Florida, but does not include bays, lagoons, or harbors.

Odor Attainment Plan - A plan developed pursuant to Chapter 360.202, Ordinance Code to provide inhabitants of the City with air that is pure, wholesome, and free of objectionable odors that cause distaste, disgust, and annoyance.

Open Spaces - Undeveloped lands suitable for passive recreation or conservation uses.

Photochemical - A chemical in the atmosphere which utilizes energy from the sun in its formation.

Point Source Pollution - Any source of water pollution that constitutes a discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Policy - The way in which programs and activities are conducted to achieve an identified goal.

Pollution - The presence in the outdoor atmosphere, ground, or water of any substances, contaminants, noise, manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water, in quantities or at levels which are, or may be, potentially harmful or injurious to human health or welfare, animal or plant life, property, or unreasonably interfere with the enjoyment of life or property.

Port Facility - Harbor or shipping improvements used predominantly for commercial purposes, including channels, turning basins, jetties, breakwaters, landings, wharves, docks, markets, structures, buildings, piers, storage facilities, plazas, anchorages, utilities, bridges, tunnels, roads, causeways, and all other property or facilities necessary or useful in connection with commercial shipping.

Potable Water Facilities - A system of structures designated to collect, treat, or distribute potable water, and includes water wells, treatment plants, reservoirs, and distribution mains.

Power Plant Siting - A process established in Chapter 403, (Part 2), F.S., for certifying new power plants for construction and which reserves the authority for such certification to the State, thus limiting local control and enforcement.

Public Recreation Sites - Sites owned or leased on a long-term basis by a federal, State, regional, or local government agency for purposes of recreational use.

Public Access - The ability of the public to physically reach, enter, or use recreation sites, including beaches and shores.

Public Facilities - Transportation systems or facilities, sewer systems or facilities, solid waste systems or facilities, drainage systems or facilities, potable water systems or facilities, educational systems or facilities, parks and recreation systems or facilities and public health systems or facilities.

Public Interest - In determining whether a project is clearly in the public interest, the City shall consider and balance the following criteria as they relate to the objective of no net loss of wetland functions:

1. Whether the project will adversely affect the public health, safety, or welfare or the property of others;

2. Whether the project will adversely affect the conservation of fish and wildlife, including endangered or threatened species, or their habitats;

3. Whether the project will adversely affect navigation or the flow of water or cause harmful erosion or shoaling;

4. Whether the project will adversely affect the fishing or recreational values or marine productivity in the vicinity of the project;

5. Whether the project will be of a temporary or permanent nature;

6. Whether the project will adversely affect or will enhance significant historical and archaeological resources under the provisions of Section 276.061, F.S.; and

7. The current condition and relative value of functions being performed by areas affected by the proposed activity.

Public Utilities - Public utilities shall mean distribution and transmission of potable water, sanitary sewer, electric, telecommunication, natural gas, and storm water facilities.

Recreation - The pursuit of leisure time activities occurring in an indoor or outdoor setting.

Recreation Facility - A component of a recreation site used by the public, such as a trail, court, athletic field or swimming pool.

Recreational Uses - Activities with areas where recreation occurs.

Riverine/Estuarine Wetlands - Contiguous wetlands located downstream of the upper tidal limits or the point where the average annual flow is 5 cubic feet per second or greater, whichever is more inclusive, of the following major riverine/estuarine wetland systems as depicted on the Salt Marsh Marshes, Riverine/Estuarine Wetlands, and All Other Wetlands map.

A. St. Johns River

B. Trout River

C. Broward River

D. Arlington River

E. Cedar River

F. Durbin Creek

G. Thomas Creek

H. Ortega River

I. Julington Creek

Salt Water Marshes - Wetlands included as salt water marshes are predominated by one or more of the following plant species:

Cordgrasses Spartina Spp.

Needlerush Juncus Roemerianus

Seashore Saltgrass Distichlis Spicata

Saltwort Batis Maritima

Glassworts Salicornia Sp.

Fringerush Finbristylis Castanea

Salt Dropseed Sporobolus Virginicus

Seaside Daisy Borrichia Frutescens

Salt Jointgrass Paspalum Vaginatum

Note: This definition is used in the Florida Land Use and Cover Classification System and which the City adopts through the use of the St. Johns River Water Management District land cover maps.

Sanitary Sewer Facilities - Structures or systems designed for the collection, transmission, treatment, or disposal of sewage, and includes trunk mains, interceptors, treatment plants, and disposal systems.

Seasonal Population - Part-time inhabitants, who utilize or may be expected to utilize public facilities or services, but are not residents. Seasonal population shall include tourists, migrant farm workers, and other short-term and long-term visitors.

Services - The programs and employees determined necessary by local government to provide adequate operation and maintenance of public facilities and infrastructure; as well as those educational, health care, social, and other programs necessary to support programs, public facilities, and infrastructure set out in the local plan or required by local, state, or federal law.

Shall - The word 'shall' is used to indicate a mandatory action

Should - The word 'should' is used to indicate an action that is strongly advised.

Shoreline or Shore - The interface of land and water and as used in the Conservation and Coastal Management Element requirements, is limited to oceanic and estuarine interfaces.

Special Management Area - A specific geographical area which, because of its unique or especially sensitive environment, requires special management techniques.

Stage I - RACT - Requirements in Chapter 17-2.65O (1) (f) 11, F.A.C. which relate to control of emissions generated by the storage and handling of gasoline at gasoline service stations.

Stage II- RACT - An extension of the control required in Stage I to include control of gasoline evaporative emissions during refueling of vehicles.

Stationary Sources - Commercial and industrial sources of pollution.

Stormwater - The flow water which results from a rainfall event.

Stormwater Management System - A system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quality and quantity of the discharges.

Sustainable Population - An existing group of individuals of a particular species with the demonstrable high probability for self-maintenance, without significant demographic or genetic manipulation.

Total Reduced Sulfur - The sum of the sulfur compounds hydrogen sulfur sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide. TRS compounds are the source of the typical 'paper mill' odor.

Unclassified - An official designation by the Environmental Protection Agency as being unable to demonstrate compliance with the National Ambient Air Quality Standards, but not clearly in violation.

Vegetative Communities - Ecological communities, such as coastal strands, oak hammocks, and cypress swamps, which are classified based on the presence of certain soils, vegetation, and animals.

Violation - Pollutant concentrations which exceed the levels allowed and the frequencies allowed in the National Ambient Air Quality Standards.

Water-Dependent Uses - Activities which can be carried out only on, in, or adjacent to, water areas because the use requires access to the water body for: waterborne transportation, including ports or marinas, recreation, electrical generating facilities, or water supply.

Water Recharge Areas - Land or water areas through which groundwater is replenished.

Water Related Uses - Activities which are not directly dependent upon access to a water body, but which provide goods and services that are directly associated with water-dependent or waterway uses.

Water Wells - Wells excavated, drilled, dug, or driven for the supply of industrial, agricultural, or potable water for general public consumption.

Wetlands - Those areas which are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. A delineation by the SJRWMD of wetlands on site as determined by this definition shall be conclusive evidence of wetlands for purposes of City wetlands delineation. Where there is no SJRWMD delineation Map L-14 (7) of the Future Land Use Element shall be used for City wetlands delineation. For purposes of City wetlands programs, wetlands shall not include irrigation or drainage ditches constructed in the uplands or stormwater management systems.