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5683-95 ORDINANCE 'NO. 5583-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 42.28, 'CODE OF ORDINANCES TO REQUIRE VEGETATIVE BUFFER SETBACKS ADJACENT TO "JURISDICTIam WETLANDS" AMER THE JURISDICTION OF THE STATE OF FLORIDA; PROVIDING AN EFFECT VE ;DATE. BE `IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CL EAR ; TER, ` FLORIDA: Section 1 . Section 42.28, Code of Ordinances , is amended to readl,: Sec'. 42.28. Vegetative buffer adjacent to preservation Aistrlict oor, ,jurisdictional wetlands. z (1) A vegetative buffer, being necessary to protect the ecological and aesthetic i nteg'ri ty of interior or coastal `wetlands , steal 1 encompass all l ands wi tni n 25 feet of the boundary of any property designated on the zoning atlas as` Preservation (�) , or V' `Droperty determined to be ` wetlands under the Puri sdi ct on of the_State of Fl or7 da ,iuri sd i ct oval wet l ands" ) : and alit lands within 15 feet: of the 'top of the bank of any creeks , channels , or ;related waterw s ,whichi contain iurisdictioval wetlands. For the purposes cf thi s section "toy of bar:k" is defined as that point on the slime at which the side sloe becomes flatter than one foot vertical to four feet horizontal . However, this regUiremept ' shall not apply to existing seawalls or other structures creating an abrupt transition between any such ropert to t 'aPA-s and the adjoining upland property. (2)' When a proposed development is adjacent to property design ted as preservation or' d6termi nod to be .iuri sdi ct oval wetlands , the vegetati vE, buffer shays be ` provided by the owner in accordance with the ',req�,i rements of this secti on. The vegetative buffer may be provided within or over other required setbacks The buffer, shall be designated on the site plan, `plat or reelaf of the property as a ; Preservation Lands Protection Buffer. " (3) U }onj ao royal by the division of environmental mangy emert the regu red buffer width may be reduced by not more than one-third in a portion 'of the buffer; by Or6_vi di ng additional width in another r orti on of the, buffer which wi 11 result i n' an_eLui val ent or greater square footage of cumulative buffer area . No structure or other surface impervious to water sllhall be permitted within the vegetative buffer, with the exception of structures which would be al l owed has a art of a ermi tted or conditional usew i thi n the reservation district. JL-� A structure or impervious surface existing within a vegetative buffer as of October 4, 1990, and not i n compl i ance with the provisions of th is section,- shall be deemed lawful but nonconforming if the structure or, impervious surface was lawful when constructed. No expansion of the structure or impervious surface into the buffer shall be permitted. If the structure or, imj�ervious surface should be substantially damaged, by disaster or> Otherwise, the reconstruction : 0i the structure or impervious surface within the vegetative buffer shall not be permitted. Nothing in this section shall be construled so as to prevent the, ordinary maintenance or repairs of lawful but nonconforming structures or i mpervi ous surfaces grdl ess_ of'_the ,dollar val uQ of such i I 6 t�ithi n the vegetative buffer, an native vegetation sl.al 1 oe protected that the buffer will retain the any o the immediately o€¢ within the preservaticn district. Native vegetation',>within adjacent regetati the buffer shall not be 'removed or altered without the approval of the divisions of environmental d anagement i n accordance Sri th ttre�prov�provisions of this secti ors. If removal or alteration is proposed, the owner shale present a plan for a pr"°oval by the di isioar ;of environmental management showing that the proposed removal or alteration of the vegetation will not adversely affect the hydr of og f cal or ecological integrity of the adjacent wetland. If appr ovLd, the plan s,.all be incorporated i ni the approval and the terms thereof shall be binding upon file ownr�r . All prohib�t��d trees as listed in Section 52.06(3) ex?stn A � " ,,O wi thi 61 the buffer shall be removed by the landowner and shall be 'prevented jfrom relomergence. This subsection shall not be construed to prohibit routine maintenance trimming of nonwetl and vegetation ` in accordance w;t.h, procedures developed by the division of environmental management and approved by the .city manager . Any, removal or alteration of native vegetation within a vegetative buffer without' the approval of the division of environmental management shall be deemed a violation of this section', Each day following the removal or alt ration of nat'i've vegetation shall be deemed a separate violation anti 1 the native vegetation is restored. The code enforcement board dhall require the o+Nner to restore the veg6tative buffer to its natural state at the owner's expense, and the owner shall ;be; subject to the imposition of,a fine in an amount not tc exceed 100.00 per day; for each day that the owner is found to be in violation of this section,- JL1 4-74 I If prior to October 4, 1990, the native vegetation within a vegetative buffOr, hias been removed or altered, the owner shall not be rleeuired to restore the ;vegetation to its natural state. The owner shall not, hlowever, impede the natural succession of native vegetation into the buffer. 1 Section 21., the provisions of this ordinance are fond and determined to be consistent with the City of Clearwater Comprehensive Plan. Section 3,. This ordinance shall take effect immediately upon adoption. PASSED ON' FiRST READING February IS, 11995 PASSED ON: SECOND AND FINAL READING AND ADOPTED March 2 19951 r ita Garvey Mayor-Commissioner Approved as to form and legal Attest: sufficiency: _ I ame a r� :yn� �i a �.. t�}_ Blau City Attorney CitT Clerk e z _