Chapter 18 ENVIRONMENTALLY SENSITIVE LANDS
ARTICLE I. WETLANDS PROTECTION
Sec. 18-1. Short title.
This article shall be known and may be cited as the “Indialantic Wetlands Protection ordinance.” (Ord. No. 91‑3, 1, 11‑7‑90)
Sec. 18-2. Purpose.
The purpose of this chapter is to protect, preserve and enhance the natural functions of wetlands and other environmentally sensitive areas within the town. It is also the intent of this article to apply the following standards for development in and adjacent to wetlands. (Ord. No. 91‑3, 2, 11‑7‑90)
Sec. 18-3. Definitions.
For the purpose of this article, certain words or terms used herein shall be defined as follows:
Clearing means and refers to the removal of vegetation from the land, but shall not include the mowing of grass.
(1) The construction, installation, demolition, or removal of a structure, impervious surface, or drainage facility;
(2) Clearing, scraping, grubbing, killing, or otherwise removing the vegetation from a site:
(3) Adding, removing, exposing, excavating, leveling, grading, digging, furrowing, dumping, piling, dredging, or otherwise significantly disturbing or altering soil, mud, sand, or rock of a site; or
(4) The modification or redevelopment of a site.
Land means and refers to the earth that lies above the mean high‑water line for land subject to tidal inundation, said mean high‑water line being computed as set forth in Section 177.27, Florida Statutes, and the ordinary high‑water mark for land adjacent to freshwater bodies.
*Cross references–Buildings and construction, Ch. 6; planning generally, Ch. 11; subdivisions of land, Ch. 13.5; trees and shrubs, Ch. 16; zoning regulations, Ch. 17.
Natural system means and refers to the biological and physical components of the undeveloped land and water which predominantly consist of or use those communities of plants, animals, bacteria, and other life systems which naturally occur on the land, in the soil, or in the water.
Site plan means and refers to the plan which shows the means by which an owner/developer will conform with applicable ordinances. This shall include a subdivision plat.
Town manager means and refers to the town manager or such person as the town manager shall designate to act in his place.
Vegetation means and refers to all plant growth, especially trees, shrubs, vines, ferns, mosses, and grasses.
Wetlands means and refers to those areas saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a dominance of vegetation adapted for life in saturated soil conditions. For the purpose of this article, wetlands are those areas which support a dominance of wetland vegetation types listed in Chapter 173.022, Florida Administrative Code. (Ord. No. 91‑3, 3, 11‑7‑90)
Sec. 18‑4. General provisions.
(a) During the review of a site plan or any other plan for development, the town manager shall use the national wetlands inventory maps, the Brevard County soil survey, the town comprehensive plan, as adopted in section 11‑6 of this Code, and aerial photography to determine the potential existence of wetlands on or adjacent to the site. other data may be considered by the town manager, as appropriate.
(b) If a review of the above documents indicates that wetlands may exist on or adjacent to the site, an onsite inspection will be performed by the town manager.
(c) Based on the assessment of the above site visit, if the town manager determines that wetlands may or do exist on site, the town manager may require the property owner/developer to have the site inspected by a representative from the St. Johns River water management district and the corps of engineers for a determination of jurisdictional limits of the site. This, also, may require the involvement of the department of environmental regulation and the department of natural resources.
(d) No building permit will be issued by the town until either the site plan has been approved or an exemption letter has been issued by the applicable environmental agency having jurisdiction over wetland areas.
(e) All proposed development within one hundred (l00) feet of the Indian River Lagoon or east of state road AlA will automatically be reviewed under the above process. (Ord. No. 91‑3, 4, 1 1‑7‑90)
Sec. 18-5. Permitted uses in wetlands.
The following uses shall be permitted in wetlands provided that they are approved by the St. Johns River water management district and other applicable governmental agencies having jurisdiction over development in wetlands:
(1) open space;
(2) Fish and wildlife management; or
(3)Recreation. (Ord. No. 91‑3, 5, 11‑7‑90)
Sec. 18‑6. Prohibited uses in wetlands.
The following uses are specifically prohibited in wetlands:
(1) Residential, commercial, office, tourist uses, industrial and institutional uses, except as provided for in section 18‑5, of this Code.
(2) Disposal of solid or liquid wastes, and the application or storage of pesticides and herbicides.
(3) Any activity which may reasonably impair the functioning of the wetlands. (Ord. No. 91‑3, 6, 11‑7‑90)