§ 62-2. Mitigation

Mitigation procedures must be followed in any case where development degrades estuaries, wetlands, bayous, harbors or other natural resources at a ratio of 2:1. Degradation means any modifications, alterations, or effects on waters, associated wetlands, surface area, species composition, or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the reasonable use of property, including outdoor recreation. Degradation shall also include secondary or cumulative impacts (comprehensive plan, policy 11.A.1.7).

(1) General. Mitigation shall generally comprise the following:

a. Compensatory mitigation, by which environmentally sensitive lands are purchased, created, enhanced and/or restored to compensate for the loss of such lands, is required whenever a land use is allowed.

b. The purchased, created, enhanced or restored environmentally sensitive land must be of the same type as that destroyed or degraded.

c. Compensatory mitigation shall not be the basis for approving a project that could not otherwise be approved.

d. A developer of a compensatory mitigation plan shall grant a conservation easement under F.S. § 704.06 on the newly purchased, created, enhancement or restored environmentally sensitive lands to protect them from future development.

(2) Wetlands. Compensatory wetland mitigation shall require that the amount of wetlands purchased, created, enhanced or restored be large enough to ensure that the amount of wetlands destroyed or degraded will be completely and successfully replaced. The following ratios of replacement to destroyed wetlands shall be presumed to provide reasonable assurances for type-for-type mitigation:

1. Spruce Pine .....2.5:1

2. Long Leaf Pine .....2.5:1

3. Turkey Oak .....2.0:1

4. Laurel Oak .....2.0:1

5. Water Oak .....1.5:1

6. Pecan .....1.5:1

7. Cedar .....1.5:1

8. Red bud .....1.5:1

9. Dogwood .....1.5:1

10. Crepe Myrtle .....1.5:1

(See Table 8-13, Foundation Document on file in the town clerk's office.)

(3) Disaster amelioration. To minimize the effects of natural disasters in the coastal area the town shall:

a. Comply with building code requirements of F.S. ch. 161.55, and section 62-112.

b. Participate in the national flood insurance program in conformance with the Federal Disaster Relief Act of 1974.

c. Determine the feasibility of eliminating, relocating or structurally modifying public infrastructure which has suffered natural disaster damage and to implement appropriate cost-effective measures to mitigate future damage.

d. Maintain the same capacity of any public infrastructure that is relocated, modified or replaced unless the capacity is expanded as part of an approved post disaster hazard mitigation plan in accordance with PL 93-288.

(Ord. No. 91-03, § 1.02(11.03.00), 1-29-91)