Chapter 74. LAND DEVELOPMENT REGULATIONS

TECHNICAL MANUALS

ENVIRONMENTAL TECHNICAL MANUAL

Latest version.

Littoral Zone Plan.

Littoral Zone Requirements.

An applicant shall create a vegetated littoral zone for any development, as that term is defined in section 380.04, Florida Statutes, for any project that either singularly, or cumulatively when a project is constructed in phases, includes a stormwater detention pond or pond system greater than or equal to one (1) acre necessary for purposes of treatment. If the singular or cumulative size of a stormwater detention pond or pond system is less than one (1) acre in size, then the applicant shall not need to include a littoral zone unless the stormwater detention pond or pond system directly connects to a native habitat area or watercourse.

Except as permitted elsewhere in this Environmental Technical Manual, an applicant shall set aside at least thirty percent (30%) of the surface area for each stormwater detention pond, or series of ponds if connected with equalizer pipes, measured at normal water level, to be used as a littoral zone. In cases where a retention pond exceeds the minimum area needed to treat stormwater runoff, the area of littoral zone shall be based on the minimum pond size that would have been required for stormwater treatment. Littoral zones will not be required in dry retention facilities (e.g., sodded depressions designed to hold stormwater for a fixed period of time, then dry out as water is lost through percolation and evaporation) or underground vaults. Littoral zones are required, but need not be planted in lakes less than one acre created solely for aesthetic or attenuation purposes (e.g. do not receive untreated stormwater discharges).

Alternative Designs.

The County may consider alternative designs to planted littoral zone areas in lieu of or in combination with planted littoral zones, so long as it is determined to be in its best professional judgment that an alternative design promotes a healthy stormwater detention pond or pond system and provides similar or greater ecological benefits than the standard littoral zone requirements. In exercising their best professional judgment, County staff shall use the Evaluation Parameters contained in Section G.7 of this Environmental Technical Manual to evaluate whether alternative designs provide similar or greater ecological benefits.

Alternative designs are site-specific to the proposed project and may include, but are not limited to: upland buffers, shoreline plantings, floating wetland islands, wildlife corridors, habitat management, habitat enhancement, habitat conservation, and other native vegetated areas. Alternative designs shall be located within or adjacent to the pond required to have the littoral zone. Alternative designs shall not be in conflict with the stormwater facility design standards contained in the Land Development Regulations.

An applicant shall not include in any alternative design areas protected or set aside from development pursuant to other provisions of this Code.

An applicant may submit an alternative design for all existing and future developments.

Location. An applicant shall submit a plan showing the proposed location(s) of the littoral zone(s) or alternative design, including a typical cross-section.

Maintenance. Required vegetation shall be maintained in perpetuity by a designated responsible entity or the owner of the property.

Bond and Maintenance Easements. A monitoring and maintenance bond in a form acceptable to the Board shall be submitted to the County prior to the excavation of the on-site lakes. The bond shall be in the amount to cover 100 percent of the estimated cost for two years of monitoring and maintenance of the littoral zones or alternative designs. The applicant shall also provide a temporary maintenance easement to the County in the event that the bond must be used to properly maintain the littoral shelf or alternative design. Bonds are not required for non-residential commercial projects.

Planting Plan. The applicant shall submit a planting plan that includes the location and species to be planted in littoral zones and/or alternative designs. For littoral zones, initial planting shall include at least three different herbaceous emergent native species for each littoral zone. No species shall constitute more than 50 percent of the number of plants to be planted.

Source of Plants. If plants are to be obtained from a nursery, the plan must indicate the source. If plants are to be obtained from the wild, the applicant must provide proof that the appropriate permit has been obtained from the Florida Department of Environmental Protection. If plants are obtained from the wild, they shall be free of exotic plant and animal species.

Spacing. For littoral zones, centers of vegetation shall be no farther apart than three feet for herbaceous individual plants or clumps or five feet for floating-leaved species. For alternative designs, it is recommended that herbaceous plants be planted on three foot centers, shrubs be planted on five foot centers, and trees be planted on ten foot centers, unless otherwise approved by the County.

Planting Schedule. The applicant must include a planting schedule in all planting plans. Plantings for littoral zones and alternative designs shall be conducted during conditions that support the success of the planting efforts. All planting timeframes are subject to approval by the County.

Littoral Zones. Littoral zones should be planted during the months of June through October. Littoral zones in lakes excavated during these months shall be planted within 30 days following excavation, provided that normal water level is or is likely to be attained within that time period. Littoral zones in lakes excavated in November through May shall be planted by June 15 unless otherwise decided by the County based on existing environmental conditions. The County shall be notified within seven days of planting.

Guarantee of Coverage. Supplemental planting will be required on an annual basis if coverage is less than 65 percent and the littoral shelf or alternative design fails to show progress toward success, unless otherwise determined by the County based on existing conditions. Desirable native herbaceous emergent plants that recruit within a littoral zone or alternative design will be counted towards the coverage requirement.

Monitoring. The success of the littoral zone plantings shall be assessed twice a year during the growing season (April through November). An annual littoral zone monitoring report shall be submitted to the County summarizing the results of the two monitoring events. Monitoring schedules for alternative designs will be determined by the County during the review of the alternative design proposal. An annual monitoring report for alternative designs shall be submitted to the County summarizing the required monitoring. Annual monitoring reports may be submitted via mail or e-mail attachment [PDF, Word]. Each monitoring report shall include all of the applicable elements reflected in the monitoring report guidelines located in Appendix I of the Environmental Technical Manual. Monitoring reports that do not include all of the required information shall be deemed incomplete and require a re-submittal. The monitoring report shall be prepared by an environmental scientist, ecologist, biologist or person with similar training.

Success Criteria. The littoral zone or alternative design shall be deemed successful and monitoring may cease when the native vegetation equals or exceeds 65 percent coverage and nuisance/invasive species coverage constitute less than 15 percent. For littoral zones, the 65 percent coverage shall consist of herbaceous emergent native vegetation.

Nuisance/Invasive Species Criteria. Nuisance/invasive species (e.g., cattails, primrose willow, torpedo grass, Brazilian pepper, melaleuca, air potato) shall be removed from the littoral shelves and alternative designs whenever they constitute more than 15 percent of the vegetative cover of the area. If the nuisance/invasive species impede the establishment of native plants, they shall be physically removed and properly disposed. Native woody species that invade a planted area and trend toward becoming a monoculture shall physically be removed from the system.

10.

Administrative Variance.

Requests for an Administrative Variance. An applicant may apply for an administrative variance from the Littoral Zone Requirements of this Environmental Technical Manual if an approved and implemented littoral zone or alternative design cannot reasonably reach success criteria. An applicant shall submit a variance application by letter directed to the County. The variance application must include a written explanation why good cause exists for relief, including a demonstration of any impediments that prevent a site from achieving success criteria. The County shall evaluate a variance request, and may request additional information from the applicant. No later than thirty (30) days after receiving a complete variance application, the County shall then issue a letter granting or denying the administrative variance, with a written explanation for its conclusion.

Variance Criteria. The County may grant an administrative variance if it determines that each of the following criteria have been met:

Success criteria have not been achieved due to uncontrollable environmental factors (e.g. weather, birds, fish, deep holes, water level variations, etc.).

There has been a significant level of effort by the property owner to achieve success criteria (e.g. number of planting events, number of monitoring reports, costs, etc.).

The lack of success is a not result of land-owner actions or inactions.

Alternatives.

If the County determines that a variance is warranted, then it may require an alternative design concept consistent with Section A.2. from the applicant to compensate for the unsuccessful areas. The applicant must provide, at a minimum, a sketch and cross-section showing the proposed alternative design. If the County determines that the proposed alternative design requires modification of the permitted stormwater facility design, then it may require the applicant to submit engineered plans in addition to modifications to the approved construction plans to meet the Land Development Regulations.

If the County determines that an alternative design is not viable due to special conditions and circumstances that exist, which are peculiar to the land, it may reevaluate the success criteria based on site specific factors.

Appeals. A written determination of the County made under the provisions of this section shall be final, provided that the owner or applicant may, within 30 days of the determination, appeal that determination to the Board of County Commissioners in the same manner as Chapter 74, Section 74-93 of the Sarasota County Code of Ordinances.

11.

Stocking of Exotic Fish. Stocking of exotic fishes such as Tilapia (Oreochromis sp., Sarotherodon sp., and Tilapia sp.), grass carp (Ctenopharyngodon idella), suckermouth catfish (Hypostomus sp.) and others, shall be prohibited in ponds with littoral zones. If such species are introduced by other means (cross contamination by maintenance boats, birds, etc.) and are impacting the success of the littoral zone, they shall be removed from the stormwater system to the extent practical.

12.

Water Withdrawals for Irrigation. If water withdrawals for irrigation purposes are proposed from stormwater ponds that contain littoral zones, the County may require an irrigation plan to establish water levels and control withdrawals to ensure the success of the littoral zone.

A wetland mitigation, maintenance and monitoring plan.

Wetland Impact Justification.

Alterations to wetlands shall not be allowed unless the Applicant demonstrates to the satisfaction of the County the following:

The wetland no longer provides the environmental functions and values normally associated with wetlands, such as, but not limited to, habitat for wildlife, water quality protection, or stormwater detention; and

No other reasonable alternative exists other than disrupting a wetland.

In demonstrating to the satisfaction of the County that no reasonable alternative exists to disrupting a wetland, the Applicant shall adhere to the following principles:

Avoidance to the greatest extent practicable;

Minimization of impacts where avoidance is not practicable; and

Suitable mitigation to offset adverse impacts that ensures greater ecological benefits where avoidance and minimization are not practicable.

Prior to submitting a Site and Development Plan or Preliminary Plan, an applicant proposing to alter a wetland shall schedule and conduct a preapplication meeting with County staff. The applicant shall provide a written report at or prior to the preapplication meeting which:

Describes the wetland habitat and the values and functions (including any protected species) currently associated with it;

Includes recent photographs showing the wetland, or portion thereof, proposed to be altered;

Demonstrates that the wetland qualifies for alteration based on the criteria provided herein; and

Demonstrates that the principles of avoidance first and then minimization have been applied. Within ten working days following the preapplication meeting the County shall indicate in writing whether the proposed wetland alteration meets applicable criteria.

Mitigation Ratios.

The appropriate amount of mitigation to offset proposed wetland impacts shall be determined pursuant to the Uniform Mitigation Assessment Method (UMAM), Chapter 62-345 of the Florida Administrative Code.

If the proposed wetland impacts do not qualify for a UMAM assessment, the following ratios will apply:

One-to-one for herbaceous wetlands and two-to-one for forested wetlands in accordance with Level 1 mitigation standards as stated herein.

The type of mitigation proposed shall be appropriate for the wetland impacts incurred as determined by the Natural Resources Department.

General Mitigation Requirements. In cases where wetland alterations are approved by the County, a wetland mitigation, maintenance and monitoring plan based on best available technology shall be submitted to the County for review and approval prior to or concurrent with the submittal of a Site and Development Plan or preliminary plan.

All alterations in wetlands which result in a loss of habitat function and value shall be mitigated in accordance with ratios determined in Section B.2. and performance standards specified herein and in the "Principles for Evaluating Development Proposals in Native Habitats" found in the Environment Chapter of the Sarasota County Comprehensive Plan;

Wetland mitigation shall provide values and functions equal to or, in the case of an impacted or degraded wetland, greater than those of the wetland qualifying for alteration;

The applicant shall demonstrate reasonable assurance that the wetland mitigation will exhibit the defined environment function and nature of, and, where hydrologically feasible, be of similar type to the altered wetland;

An applicant may not designate as preservation areas those native habitats that must already be preserved under the Guiding Principles for Evaluating Development Proposals in Native Habitats of the Comprehensive Plan, in order to satisfy wetland mitigation requirements;

All mitigation areas shall be maintained and preserved in perpetuity by the responsible entity, who has the necessary control to perform any required maintenance and/or corrective actions;

The applicant or other responsible party shall provide a mitigation, maintenance and monitoring plan which meets performance standards as indicated in Sections B.6 through B.10;

Any modifications in County-approved plans (e.g., change in plants used, configuration of the mitigation area, change in the responsible entity for monitoring and maintenance activities) shall be submitted in writing to the County for review and approval prior to initiating the proposed modifications; and

The success of mitigation shall be monitored by the applicant or other responsible party and shall also be subject to monitoring and enforcement by the County.

Wetland Mitigation Plan - General Requirements. All wetland mitigation plans shall include:

A relocation plan, in cases where state or federally listed threatened or endangered plant species will be impacted. Relocation must occur prior to construction and must be done in accordance with an approved plan;

Name(s) of the person(s) responsible for planting, monitoring and maintaining each mitigation area;

Methods to ensure the perpetual maintenance of mitigation areas as preserves (deed restrictions, conservation easements, or other methods approved by the County);

The acreage of wetlands proposed for alteration;

The type of mitigation proposed;

A description and depiction of the upland buffers proposed. Buffers, a minimum width of 30 feet, shall be required around all the mitigation areas. Planting suitable native vegetation (e.g., wax myrtle, saw palmetto, oak trees) in an upland buffer may be credited toward the required mitigation;

The proposed spacing when planting of wetland vegetation is proposed or required, including a figure showing zones to be planted. Centers of vegetation shall be no farther apart than three feet for herbaceous individual plants or clumps, five feet for floating-leaved species and ten feet for trees and shrubs when calculating number of plants required. Using a random pattern or a pattern simulating natural conditions shall be used when appropriate;

Source of material. Indicate the source of plants, mulch or substrate to be used in the mitigation area. If plants are to obtained from the wild (not from the altered wetland), proof must be provided that a permit to relocate the vegetation has been obtained from the Florida Department of Environmental Protection;

Plant Specifications. All plants/trees used in upland mitigation areas must be Florida #1 grade or better, as described in the Grades and Standards for Nursery Plants. All wetland plants/trees used in wetland mitigation areas shall meet the specifications described in the wetland plant section of the Grades and Standards for Nursery Plants. If field harvested plants are used, they must be of equivalent quality to the aforementioned standards;

Planting & Mitigation Activities Schedule. Mitigation creation and restoration areas shall be constructed within 30 days following approved wetland impacts, unless a written extension is obtained from the County. The County may grant extensions of no more than 90 days to accommodate construction schedules or to avoid planting when drought, frost or freeze damage is likely. The County shall be notified upon completion of planting. Wetland enhancement mitigation activities shall be initiated prior to issuance of a Certificate of Completion. Upland preservation mitigation areas shall have an executed conservation easement that is officially recorded in the County's Clerk of Circuit Court Records prior to issuance of the project's Certificate of Occupancy or Certificate of Completion;

Bond & Maintenance Easement Requirements. A monitoring and maintenance bond in a form acceptable to the Board shall be submitted to the County prior to wetland disruption. Said bond shall be in the amount to cover 100 percent of the estimated cost for three years of monitoring and maintenance of the mitigation area(s). The applicant shall also provide a temporary maintenance easement to the County in the event that the mitigation bond must be used to properly maintain the mitigation area;

Location of mitigation. All mitigation shall be performed on-site, unless the applicant demonstrates to the satisfaction of the Natural Resources Department that on-site mitigation is not technically feasible due to hardships associated with the site. All off-site mitigation shall be within Sarasota County boundaries, unless an interlocal agreement or other legal mechanism acceptable to the County exists that ensures the County can maintain compliance with these standards. Wetland creation mitigation shall be confined to flatwoods (except scrubby flatwoods), improved pasture or substantially disturbed areas, where the water table is still at sufficient levels to sustain wetland vegetation. Whenever possible, mitigation should be provided in a defined area that is part of an environmental system or corridor that can enhance wildlife values and functions. Applicants are encouraged to incorporate design features into mitigation areas that will enhance wildlife use;

Wildlife. A description of wildlife observed utilizing the site, especially species protected by State or Federal regulations. Each on-site habitat shall be surveyed using the most recent sampling techniques recognized by the appropriate state and federal wildlife agency, or other technique approved by the Natural Resources Department.

Wetland Mitigation and Planted Buffer Monitoring and Maintenance Plans General Requirements. All wetland monitoring programs shall comply with the following requirements:

The mitigation area(s) shall be evaluated twice a year during the growing season (April through November) for a period of not less than three years. Tasks b. through e. shall be repeated during each visit. An annual monitoring report shall be submitted to the County summarizing the results of the two monitoring events for at least three years. Additional monitoring may be required if the success criteria of native or invasive/nuisance plant coverage has not been achieved. The monitoring report shall include all of the applicable elements reflected in the monitoring report guidelines located in Appendix I of the Environmental Technical Manual. Monitoring reports that do not include all of the required information shall be deemed incomplete and require a resubmittal. Each monitoring report shall be prepared by an environmental scientist, ecologist, biologist or person with similar training. The monitoring report may be submitted via mail or e-mail attachment [PDF, Word].

If a planted buffer is proposed as a component of the wetland mitigation plan, the planted buffer monitoring areas shall be evaluated annually following completion of planting and submitted with the annual wetland mitigation report.

The site shall be photographed at easily verifiable and reproducible photo locations during each visit.

Nuisance/invasive species shall be removed whenever the percent coverage exceeds the level designated in the approved mitigation plan (UMAM or Level 1).

The relative success shall be assessed during each visit, as determined by the existing cover of plants. The following shall be recorded: Water depths measured relative to seasonal high of the wetland mitigation area the percent coverage of nuisance/invasive plant species, percent coverage of naturally recruited species, and wildlife observations. A summary of maintenance activity during the monitoring interval, and a summary of maintenance or other corrective actions needed to achieve performance criteria shall be provided.

As-built drawings or other acceptable professional documentation as determined by the Natural Resources Department, providing acreages and elevations, for each wetland creation, restoration, and enhancement mitigation area shall be provided. This record survey shall be performed by a Professional Surveyor and Mapper and drawn at an appropriate scale by a Florida Registered Engineer or Professional Survey and Mapper.

If assessment of the mitigation site supports the mitigation activities have achieved success, the responsible party shall provide written certification by an environmental scientist, biologist or registered engineer or landscape architect that the mitigation meets applicable success criteria. If certification of success is not submitted or is not approved by the County then annual monitoring shall continue until the mitigation is deemed successfully by the County after applying the success criteria described in Section B.6. through B.10. listed below.

Corrective actions will be required on an annual basis if the mitigation area fails to show progress toward the approved success criteria, as determined by the Natural Resources Department. Proposed corrective actions must be reviewed and approved by the Natural Resources Department prior to implementation.

Level I or Creation/Restoration Mitigation - General Criteria. In addition to the general mitigation requirements in Section B(3), (4) and (5), applicants proposing Level I or creation/restoration mitigation shall also include the following information: a. and b. and comply with the following requirements c. and d. The purpose of Level I or creation/restoration mitigation is to reproduce a wetland that is similar in plant diversity, wildlife habitat, topography and function to the wetland to be impacted, or in the case of a degraded wetland, greater than those of the wetland qualifying for alteration.

Applicants shall provide a table showing the amount and type of mitigation proposed.

Applicants shall provide a methodology statement regarding how plant diversity and coverage, topography, water depths (e.g., normal pool and seasonal high), and hydroperiods in each wetland zone will be assessed in the wetland(s) qualifying for alteration, and how these will be recreated in the mitigated wetland, and maintained in perpetuity. The methods selected shall be verifiable, reproducible and provide a sufficient effort of sampling to characterize accurately each vegetation zone or stratum. The methodology proposed shall be submitted to the County for review and approval prior to the submittal of a Site and Development Plan or Preliminary Plan. The data obtained from the survey may be submitted with the Site and Development Plan or Preliminary Plan; however, applicants are encouraged to submit this information prior to submitting a site development plan so that any deficiencies can be corrected and redesign of the plan, if necessary, can be facilitated without delaying approval of the site development plan.

Establish vegetation zones or strata in the recreated wetland similar to those in the wetland to be impacted. Typical cross-sections of the wetland(s) to be impacted and mitigated wetland(s) shall be provided.

Use similar substrate. Suitable substrate from each zone of a wetland to be altered that is essentially free of nuisance/invasive species shall be transferred to appropriate zones in the recreated wetland(s). If suitable substrate is not available due to previous impacts to the wetland, it must be obtained from a source that is essentially free from nuisance/invasive species. The proposed source shall be identified and is subject to approval by the County. Transfer of mulch shall occur within 30 days following disturbance of the wetland. If a clay or other confining layer is present beneath a wetland, the material should be transferred to the recreated wetland, whenever practical.

Level I and Creation/Restoration Mitigation - Success Criteria. At the end of the required minimum three-year monitoring period, mitigation may be deemed successful and monitoring may cease when:

The diversity of native plant species in the recreated wetland approximates or exceeds the diversity of plants in the wetland that was impacted; and

The use of the recreated wetland by wildlife is similar to that of the impacted wetland prior to impact, based on a comparison of observations made prior to impact with those made at mitigated wetlands during each monitoring event; and

The coverage of native plants within each zone or stratum, including the buffer if planted, equals or exceeds the coverage in the impacted wetland prior to impact; and

Nuisance/invasive species coverage is consistent with mitigation plan levels approved by the County; and

The mitigation area has not been augmented by irrigation or required supplemental planting to attain a native plant coverage level consistent with mitigation plan levels approved by the County, for a period of one year; and

Hydroperiods in the mitigated wetland are adequate to sustain its functions and values.

Wetland Enhancement Mitigation - General Criteria. In addition to the applicable general mitigation requirements in Section B(3), (4) and (5), applicants proposing wetland enhancement mitigation shall also include the following information:

The type of wetland enhancement mitigation proposed to increase the ecological value.

A plan sheet clearly depicting the location of existing wetland(s) to be enhanced and an environmental narrative thoroughly describing its historical/existing condition, including the historical/existing Seasons High Water Level where feasible.

A description of the proposed enhancement activities to increase the function and value of existing wetland. Nuisance/invasive species shall be removed in accordance with the removal requirements contained herein. Applicants may elect to transfer native plants or clumps of plants from the wetland to be altered to the mitigation area. Credit will be given for these transfers in meeting specified wetland enhancement native plant coverage requirements.

Wetland Enhancement Mitigation - Success Criteria. At the end of the required minimum three-year monitoring period, mitigation shall be deemed successful and monitoring may cease when:

The enhanced wetland has reached the function and value set forth in the success criteria shown in the mitigation plan for one year without a maintenance event, supplemental planting or irrigation; and

Native plant coverage shall be consistent with mitigation plan levels approved by the Natural Resources Department without supplemental planting or maintenance event during the previous year; and

Nuisance/invasive species levels shall be consistent with the mitigation plan approved by the Natural Resources Department; and

Hydroperiods in the enhanced wetland are adequate to sustain its functions and values.

10.

Upland Preservation Mitigation - General Criteria. In addition to the applicable general mitigation requirements in Section B(3), (4) and (5), applicants proposing upland preservation mitigation shall also:

Clearly demonstrate no net loss of wetland values and functions by utilizing a functional assessment methodology based on the Uniform Mitigation Assessment Method. An applicant may not designate as preservation areas those native habitats that must already be preserved under the Guiding Principles of the Comprehensive Plan, in order to satisfy wetland mitigation requirements. At a minimum, the plan shall contain the following information:

A description (e.g., size, configuration, and location) and survey/construction drawing of the proposed preserved habitats to serve as mitigation, including an assessment of the environmental functions and values these habitats will provide after proposed compensation has been deemed successful by the County.

A description of the proposed monitoring and long-term management that will preserve the projected functions and values of the mitigation site in perpetuity.

Upland preservation areas will be deemed successful when:

A resource management plan for the area, as defined in Section D of the Environmental Technical Manual, is submitted by the Applicant and reviewed and approved by the County; and

The area is platted as a separate tract and designated as a preservation area; or

A conservation easement is dedicated to the County and recorded as such; or

Some other method of perpetual protection is approved by the County.

A tree protection plan in compliance with the current Tree Protection Ordinance, Chapter 54, Article XVIII, of the Sarasota County Code of Ordinances.

Resource management plan and monitoring requirements for conservation and preservation areas. A resource management plan for all preservation and conservation areas, which includes conservation easements and wetland mitigation areas, must be submitted to the County to ensure maintenance of the functions and values of these areas [(LDR Section 74-32(a)(10) or 74-62(a)(19)]. A goal of the resource management plan is to create sustainable ecosystems.

Resource Management Plan.

The resource management plan shall be prepared by an experienced environmental professional and contain the following:

Identification of the responsible entity, who has the necessary control to perform any required maintenance and/or corrective actions;

Identification of prohibited activities, including, but not limited to, filling, excavating, alteration, trimming and/or removing of native vegetation within the preservation and conservation areas, as appropriate;

Identification of compatible land uses and activities (e.g., nature trails) which are subject to review and approval by the County;

Identification of measures to protect wildlife and integrity of the native habitat (e.g., wetlands and hammocks) prior to and during management activities;

Identification and description of best management practices and proposed management activities to be conducted to maintain the habitats in their existing high ecological value, enhanced, or restored condition, including measures to remove or eradicate and maintain exotic, nuisance and invasive vegetation; prescriptive burns, roller-chopping, etc.;

Ecological assessment of each preservation/conservation area including habitat type, existing vegetation, strata, zonations, percent coverage of exotic, nuisance and invasive vegetation;

The percent coverage of exotic, nuisance and invasive vegetation to which each habitat within preservation and conservation areas is being maintained;

A hydrologic assessment of all wetlands including seasonal high water elevations;

Resource management goals and monitoring methodologies;

10)

The time frames and intervals for implementation of the resource management plan activities.

Resource Management Plan Goals.

The existing wetland hydroperiods shall be determined by the applicant according to methods approved by County staff. Post-development hydroperiods shall approximate or improve those determined during pre-development investigations as determined in the Resource Management Plan. If the results of monitoring indicate that post-development hydroperiods do not approximate predevelopment hydroperiods or levels approved during development plan review, remedial action may be required.

The percent coverage of exotic, nuisance, and invasive vegetation within each preservation and conservation areas shall be consistent with Section F.

Monitoring Reports.

Monitoring reports shall be submitted to the county annually, with the first report due one year after the issuance of the first Certificate of Occupancy.

The first report shall restate the approved resource management goals and monitoring methodologies.

Each monitoring report shall include all of the applicable elements reflected in the monitoring report guidelines located in Appendix I of the Environmental Technical Manual [found at the end of this Chapter 74]. Monitoring reports that do not include all of the required information shall be deemed incomplete and require a resubmittal. Each monitoring report shall be prepared by an environmental scientist, ecologist, biologist or person with similar training. The monitoring report may be submitted via mail or e-mail attachment [PDF, Word].

Annual reports shall be submitted for five years and then every three years for two reporting periods, unless the goals of the resource management plan have been adequately demonstrated to be achieved earlier.

Maintenance.

Once the goals of the resource management plan have been achieved, the preservation/conservation areas shall be maintained in perpetuity. Should functions and values of preservation, conservation or mitigation areas not be maintained, the resource management plan activities and reporting requirements shall be reinstituted.

Myakka River Protection Zone. All activities conducted within the Myakka River Protection Zone shall be consistent with Chapter 54, Article XXXIII (the Myakka River Protection Code), Ordinance No. 2008-002.

Undesirable vegetation removal and maintenance. Undesirable vegetation to be addressed in this section along with the goals for management and the acceptable level for maintenance for each species are provided in Tables 1, 2, and 3. Undesirable vegetation is categorized by ability to manage and control the species and the level of threat the species poses to natural ecosystems. The management goal and maintenance levels are expressed in percent cover. The maintenance level percent is measured as percent cover by each post-development Florida Land Use Cover and Forms Classification System (FLUCFCS) code.

Undesirable vegetation as listed in Tables 1, 2, and 3 shall be removed or eradicated from development sites as follows:

For proposed developments in which undesirable vegetation is currently acting as a visual buffer on the perimeter, a phase removal and replanting plan may be utilized with prior written approval from the county. Replanting will be consistent with Zoning code requirements.

For phase projects, undesirable vegetation shall be removed prior to obtaining a Certificate of Completion for each project phase as depicted on approved preliminary, construction, or site and development plans.

Undesirable vegetation listed in Tables 1, 2, and 3 within platted or designated preservation or conservation areas (including conservation easements) on the project site shall be eradicated or removed. Methods for eradication or removal and disposal shall be a component of the LDR Environmental Technical Manual Resource Management Plan, Section 74-212(a)D.1.a.5. Undesirable vegetation shall be managed in accordance with the management goals and maintenance level provided in Tables 1, 2, and 3. These management goals and maintenance levels shall be a component of the LDR Environmental Technical Manual Resource Management Plan, Section 74-212(a)D.1.a.7—9. Undesirable vegetation shall be maintained at the designated or otherwise county-approved maintenance level in perpetuity. The management and maintenance plan for the proposed initial removal, or eradication, maintenance and continued control of undesirable vegetation including the proposed removal or eradication methods other than hand-clearing shall be included as components of the Resource Management Plan provided to the county for approval prior to preliminary plan, site and development or construction plan approval of the project. Noncompliance with the approved plan constitutes a violation of this section. Monitoring of undesirable vegetation within preservation and conservation areas is required. See Section D of the Land Development Regulations Environmental Technical Manual.

Preservation and conservation areas (including conservation easements), landscape buffers, and natural watercourses with buffers of native vegetation which contain undesirable vegetation listed in Table 3, or undesirable vegetation in Table 2 that is determined to be extremely difficult to control, or with no cost-effective method established for its control, or located in an area significantly affected by adjacent off-site seed sources, may be addressed on a case-by-case basis. The size of the preservation or conservation area, access to the area and costs of removal or eradication will be taken into consideration in approving deviations from the established management goals and maintenance levels provided in Tables 1, 2, and 3. When requesting deviations from the referenced level, the following shall be provided to the county for approval as a component of the Resource Management Plan Section 74-212(a)D:

A written explanation of circumstances that make it difficult to maintain any specific undesirable species at less than the required coverage.

A site plan overlaid on an aerial showing the aerial coverage of the identified undesirable species that is demonstrated to be difficult to control.

A description of the proposed specific maintenance activities and intervals.

The proposed management goal and maintenance level of the undesirable species in percent cover by post-development FLUCFCS code.

Standards for removal, maintenance and control of undesirable vegetation:

Maintenance and control methods shall be updated periodically in monitoring reports (LDR Section 74-212(a)D) to reflect new technologies and information.

Only EPA-approved herbicides shall be utilized in the eradication of undesirable vegetation. Any cut stumps of woody vegetation shall be treated with an EPA-approved herbicide by a licensed applicator.

Maintenance of undesirable vegetation within the project site shall occur annually, at a minimum, or more frequently if necessary to effectively control these species.

Best management practices shall be utilized to protect native vegetation, natural watercourses with buffers of native vegetation, and adjacent properties during the removal or eradication of undesirable vegetation. Every consideration shall be given to retaining as much of the existing native vegetation as possible.

Areas of undesirable vegetation removal or eradication and control shall be clearly depicted on all construction and site and development plans.

All removed undesirable vegetation shall be properly disposed of in an approved landfill or by other methods approved by the county.

Undesirable vegetation removal or eradication to fulfill requirements of this section shall not prohibit the use of these activities to fulfill wetland compensation options for mitigation credit for Sarasota County and other environmental agencies.

Undesirable Vegetation Tables 1, 2, and 3 reflect the Management Goals and Maintenance Levels in percent cover that shall be utilized for this Section. Undesirable vegetation listed in these tables shall be revised periodically to reflect add or delete species as necessary.

Table 1. Undesirable Vegetation with a Management Goal of 0% And Maintenance Level of 5% Cover

SCIENTIFIC NAME	COMMON NAME	MANAGEMENT GOAL (% Cover)	MAINTENANCE LEVEL (% Cover)
Acacia auriculiformis	earleaf acacia	0	≤5
Albizia lebbeck	woman's tongue	0	≤5
Ardisia crenata	coral ardisia	0	≤5
Bischofia javanica	bischofia	0	≤5
Brussonetia papyrifera	Paper mullberry	0	≤5
Casuarina equisetifolia	Australian pine	0	≤5
Casuarina glauca	suckering Australian pine	0	≤5
Cinnamomum camphora	camphor-tree	0	≤5
Colocasia esculenta	wild taro	0	≤5
Cupaniopsis anacardioides	carrotwood	0	≤5
Ficus microcarpa	laurel fig	0	≤5
Jasminum fluminense	Brazilian jasmine	0	≤5
Lantana camara	lantana, shrub verbena	0	≤5
Leucaena leucocephala	Lead tree	0	≤5
Lygodium japonicum	Japanese climbing fern	0	≤5
Lygodium microphyllum	Old World climbing fern	0	≤5
Melaleuca quinquenervia	melaleuca, paper bark	0	≤5
Melia azedarach	Chinaberry	0	≤5
Mimosa pigra	catclaw mimosa	0	≤5
Paederia cruddasiana	sewer vine, onion vine	0	≤5
Phoenix reclinata	Senegal date palm	0	≤5
Psidium guajava	guava	0	≤5
Rhodomyrtus tomentosa	downy rose-myrtle	0	≤5
Ruellia brittoniana	Mexican petunia	5	≤5
Sapium sebiferum	popcorn tree, Chinese tallow tree	0	≤5
Scaevola sericea	scaevola, half-flower, beach naupaka	0	≤5
Schinus terebinthifolius	Brazilian pepper	0	≤5
Solanum tampicense	wetland night shade, aquatic soda apple	0	≤5
Solanum viarum	tropical soda apple	0	≤5
Syzygium cumini	jambolan, Java plum	0	≤5
Thespesia populnea	seaside mahoe	0	≤5
Wedelia trilobata	wedelia	5	≤5

In coastal habitats

Table 2. Undesirable Vegetation with Management Goal of 5% Cover and
Maintenance Level of 15% Cover

SCIENTIFIC NAME	COMMON NAME	MANAGEMENT GOAL (% Cover)	MAINTENANCE LEVEL (% Cover)
Dioscorea bulbifera	air potato	5	≤15
Ludwigia peruviana	primrose willow	5	≤15
Neyraudia reynaudiana	Burma reed	5	≤15
Paederia foetida	skunk vine	5	≤15
Panicum maximum	Guinea grass	5	≤15
Pueraria montana	kudzu vine	5	≤15
Rhynchelytrum repens	Natal grass	5	≤15
Syngonium podophyllum	arrowhead vine	5	≤15
Typha spp.	cattail	5	≤15
Urena lobata	Caesar's weed	5	≤15
Urochloa mutica	Para grass	5	≤15
Non-native ornamentals	various	5	≤15

Native species

Table 3. Undesirable Vegetation with Management Goal of 5% and
Maintenance Level to be Determined on a Case-by-Case Basis

SCIENTIFIC NAME	COMMON NAME	MANAGEMENT GOAL (% Cover)	MAINTENANCE LEVEL (% Cover)
Alternanthera philoxeroides	alligator weed	5	TBD
Eichhornia crassipes	water hyacinth	5	TBD
Hydrilla verticillata	Hydrilla	5	TBD
Hymenachne amplexicaulis	West Indian marsh grass	5	TBD
Imperata cylindrica	cogon grass	5	TBD
Myriophyllum spicatum	Eurasian watermilfoil	5	TBD
Panicum repens	torpedo grass	5	TBD
Pistia stratiotes	water-lettuce	5	TBD
Scirpus cubensis	burhead sedge	5	TBD

TBD =

To be determined on a case-by-case basis and submitted in Resource Management Plan and approved by County.

Satisfying open space requirements with native habitats.

Section A.1.c. of the Subdivision Technical Manual and Section A.3. of the Site Development Design Technical Manual, require that development permits shall be consistent with the "Principles for Evaluating Development Proposals in Native Habitats" located in Chapter 2, the Environment, of the Sarasota County Comprehensive Plan.

For development permits that have open space requirements, open space shall be consistent with Section 6.2.7.e of the Zoning Regulations, as amended, unless utilizing the alternatives in Section 6. For those development permits that qualify as 2050 projects, open space requirements shall be consistent with article 11 of the Zoning Regulations, as amended unless utilizing the alternatives in Section 6.

Open space shall be determined by applying the "Principles for Evaluating Development Proposals in Native Habitats," and shall favor higher functioning habitat areas. Where appropriate, open space areas shall focus on maintaining a network of connectivity throughout the landscape when greater native habitat function and value, and connectivity are clearly demonstrated.

Except as provided by Sections 4.a. and 6 of this section, when land development involves the conversion of native habitats, the County's open space requirements shall be fulfilled first with habitats required to be preserved, then with habitats that should be conserved, then with other allowable types of open space, including planted and maintained littoral zones.

Within the Urban Service Area Boundary or Future Urban Service Area Boundary pine flatwoods habitat is required to be conserved to meet open space requirements only where:

The habitat is within a required Watercourse buffer;

The habitat is within a required wetland buffer; or

The habitat increases the ecological value and ability to conduct management of habitats required to be preserved or publicly owned environmentally sensitive land.

The habitat is a wildlife corridor that links two or more native habitats required to be preserved and acts to interconnect routes to facilitate dispersal of plants and animals between habitats and across the landscape.

County staff and the Applicant may agree on an alternative open space plan pursuant to Section G in lieu of Section 4.a.3 or Section 4.a.4. provided, however, in the absence of such agreement, the Board of County Commissioners may approve an alternative open space plan.

Pine flatwoods not required to be conserved may be counted toward open space to achieve site design goals including but not limited to social, recreation, and civic values, and other market-based factors.

Eligibility Criteria. Areas considered for use as an open space alternative shall meet the following criteria, unless determined otherwise by the Board of County Commissioners hereinafter referred to as "the Board":

Mitigation areas may be considered so long as the mitigation area(s) was not used to satisfy open space requirements for another development.

Any area(s) used to satisfy the native habitat component of open space shall not be used to fulfill any future open space requirements.

Any area(s) acquired through Sarasota County environmental sensitive land protection programs shall not be considered for use as native habitat open space.

Net Alternatives to Subsection 4. The alternatives provided in this section do not alleviate the Zoning Regulation's general on-site open space requirements. If a proposal clearly demonstrates, through planned development designs and environmental management plans, greater native habitat function and value, and connectivity, the Board at a public hearing, may approve the following alternatives for conserved native habitats:

On-site.

On-site alternatives may consist of habitat restoration, enhancement, and/or creation.

On-site alternatives are preferred to the native habitat requirements of Section 6.2.7.e of the Zoning Regulations, as amended, if the on-site alternative provides greater environmental benefits to a protected habitat system that is either on-site or is immediately adjacent to the site.

All restoration, enhancement, and/or creation activities authorized pursuant to this section shall be consistent with the Environmental Technical Manual.

On-site alternatives shall be evaluated using the Evaluation Parameters set forth in Section 7.

Off-site. Off-site alternatives shall be located in close proximity to where the development is proposed in order to provide local benefits to the community.

Off-site alternatives shall only be allowed for parcels that are located within the Urban Service Boundary.

Off-site alternatives may consist of preservation or new habitat restoration, enhancement, and/or upland creation on sites not previously preserved.

If an area is proposed to be preserved off-site to fulfill native habitat open space requirements, the Board may deny the proposal if the area would otherwise be preserved under current Land Development Regulations. However, the Board may consider such an area if the applicant proposes enhancement or restoration of the area that is consistent with the Evaluation Parameters and clearly demonstrates greater native habitat function and value, and connectivity.

The County may, at its discretion and where necessary to offset impacts of development, require fee title conveyance, a conservation easement, and/or other appropriate legal or financial mechanisms to ensure conservation and proper maintenance of off-site alternative areas. No development or construction activities may occur until such time as the appropriate instruments have been approved by the County, executed, and filed in the official public records.

All preservation, restoration, enhancement, and/or creation activities authorized pursuant to this section shall be consistent with the Environmental Technical Manual.

Off-site alternatives shall be evaluated using the Evaluation Parameters set forth in Section 7.

Evaluation Parameters. The following parameters, at minimum, shall be used to evaluate existing native habitats and alternative open space proposals to determine whether they clearly demonstrate greater native habitat function and value, and connectivity. The relative importance and relevance of the parameters shall be evaluated to reach a balanced determination.

Connectivity and Landscape Position.

Location.

Proximity to adjacent habitats.

Proximity to incompatible land uses.

Existing and potential connectivity, including on-site and off-site parcels.

Effectiveness in facilitating wildlife movement and dispersal.

Proximity to habitats proposed for impact.

Habitat Quality.

Significance to listed or keystone species.

Diversity (plant and animal).

Level of restoration/enhancement proposed.

Buffering of other native habitats.

Quality of the native plant assemblages.

Extent of nuisance and invasive plant species.

Level of disturbance/perturbation.

Manageability.

Long-term prognosis.

Reasonable assurances.

Certainty of success.

Community Structure.

Diversity of habitats and ecotones.

Structural complexity.

Size.

Areal extent of habitat.

Scale of the spatial significance.

Accessibility.

Must be balanced against habitat values/functions.

Accessibility could be positive or negative for project.

Public vs. private.

Level and control of accessibility.

Linkage with offsite or regional trail systems.

Handicap accessibility.

Environmental education components.

Comprehensive Plan.

Consistency Review.

(Ord. No. 2000-074, § 9, 2-27-2001; Ord. No. 2003-028, § 5, 11-12-2003; Ord. No. 2004-065, § 2, 6-15-2004; Ord. No. 2005-014, § 3, 3-16-2005; Ord. No. 2007-097, §§ 1—3, 2-12-2008; Ord. No. 2008-015, §§ 1—3, 3-12-2008; Ord. No. 2008-042, § 3, 4-22-2008; Ord. No. 2013-043, § 2, 12-10-2013; Ord. No. 2014-081, § 2, 11-5-2014; Ord. No. 2014-075, § 2, 1-12-2015; Ord. No. 2015-037, § 10, 9-21-2015)

                    
                        var val = document.getElementById('citecontent').innerHTML;
                        art.dialog.defaults.title = window.location.href;
                        art.dialog.data('cite', val);
                        art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
                        art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');