§ 16.20.160.10. Mitigation.

A.

The purpose of mitigation is to maintain the value of environmental systems by avoiding, minimizing or compensating for any adverse change in conditions or loss of resources in preservation districts. For the purposes of this section the term "mitigation" means an action or series of actions that will offset the adverse impacts on preservation districts. Mitigation for loss of any portion of a preservation district shall include replacement lands. Recognizing that larger environmental preservation districts provide higher quality habitat value, preference and priority will be given to mitigation projects which create larger preservation districts or increase the size of existing preservation districts.

B.

The property owner shall mitigate the impacts of any activity that results in a loss of any portion of a preservation district or the environmental significance thereof through the re-establishment, creation or enhancement of an appropriate ecological community. Environmental significance shall be based upon the factors used to designate preservation districts, including, but not limited to, vegetation, flood hazard, soils and drainage characteristics and the relative function thereof which and value shall include, but not be limited to, conditions in the preservation district which benefit water quality and supply, flood protection, flora and fauna diversity, habitat viability and any other values affecting the public interest.

C.

Mitigation shall include, but shall not be limited to, the following methods which are in the order in which they should be used:

1.

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

2.

Minimizing impacts by limiting the degree or magnitude of the action and its implementation;

3.

Rectifying the impact by repairing, rehabilitating, or restoring the affected environment including removing exotic and nuisance vegetation, replanting or restoring natural drainage patterns;

4.

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

5.

Compensating for the impact by replacing or providing substitute resources or environments.

D.

Methods of mitigation must be approved by the POD before the owner performs any work that would require mitigation. An application for mitigation with the required fee shall be submitted to the POD. The applicant shall demonstrate compliance with the provisions of this section and all other City ordinances.

E.

The following mitigation requirements shall apply for any works that result in unavoidable adverse impacts to a preservation district:

a.

In-kind replacement shall be required for mangroves, salt marsh and seagrasses;

b.

Replacement lands and/or resources shall be a minimum of a 2:1 ratio of the land area affected; however where mitigation will create larger preservation districts or increase the size of existing preservation districts, the ratio may be 1.5:1;

c.

A minimum of 85 percent survival of new plantings through at least one growing season shall be required;

d.

The proposal shall be consistent with the Land Development Regulations, Comprehensive Plan and applicable state and regional policies and regulations;

e.

Wherever possible, replacement or restoration shall be located within the affected drainage basin and be connected with existing native habitat; however, preference and priority will be given to mitigation projects which create larger preservation districts or increase the size of existing preservation districts;

f.

Financial guarantees and monitoring shall be required to guarantee the long-term success of the mitigation plan;

g.

The plans shall be coordinated with federal, state and regional agencies and shall be subject to the approval of their permit requirements.

F.

When property containing a preservation district is platted or replatted mitigation areas shall be designated on the plat as preservation districts.

G.

The existence of a preservation district shall be evidence of a unique hardship for any variances requested from yard requirements which may be reviewed by the DRC.

(Code 1992, § 16.20.160.10; Ord. No. 876-G, § 17, 2-21-2008)