5. Coastal High Hazard Area Element

Goal Statement

To manage growth and reduce flood risk in the Town , to protect coastal resources, human life, and property; and limit public expenditure in the coastal high hazard area.

Objective 5.1: Natural Resource Protection

The Town recognizes the existing natural resources and habitats of the area, and has a comprehensive management program contained herein to protect, conserve and/or enhance its wetlands, living marine resources and wildlife habitat.

Policy 5.1.1: Direct discharges of untreated stormwater into the Indian River Lagoon are prohibited.

Policy 5.1.2: The Town will provide protection to sea turtles and their nesting habitats by implementing the following measures:

1. The Town will continue to restrict beachfront artificial lighting.
2. During sea turtle nesting season, no construction, repair, restoration, alteration or maintenance projects east of the existing dune vegetation line shall occur, except for projects necessary to mitigate natural disaster occurrences, dune access projects that if left unattended pose a present danger to health and safety, and/or Florida Department of Environmental Protection authorized projects;
3. The Town will support State and Federal efforts to acquire coastal strand vegetative communities east of SR A1A, in conjunction with the Archie Carr National Wildlife Refuge; and
4. The Town will prohibit, through local ordinances , the operation of motorized vehicles on the primary dune and beach system except in cases of emergency, dune repair, maintenance and renourishment projects, installation of dune protection measures or as approved by the Florida Department of Environmental Protection.

Policy 5.1.3: Land clearing shall not be performed on any property within the Town until an approved land development permit, site plan or subdivision approval has been issued, unless land clearing approvals are not required by the land development regulations.

Policy 5.1.4: To limit specific and cumulative impacts of development upon wildlife habitat, the Town has developed and adopted criteria for the protection of a minimum of 25% of the native vegetative communities within the commercial and residential land use designations, except on lots or parcels of land platted for single-family residential development.

Policy 5.1.5: The Town will support and participate in the County’s efforts to maintain a GIS computer mapping inventory of the County, and will utilize said inventory in the evaluation and regulation of land development activities.

Policy 5.1.6: The Town will limit specific and cumulative impacts of development upon marine resources, specifically, aquatic vegetation over submerged lands not lying within the Pelican Island National Wildlife Refuge within the Town.

Policy 5.1.7: The Town will support the efforts of the Florida Department of Environmental Protection to establish slow speed zone regulations in waters of the Town, to enhance the protection of West Indian manatees and to prevent boating accidents.

Policy 5.1.8: The Town will support the efforts of the U.S. Fish and Wildlife Service to expand and secure the boundaries of the Pelican Island National Wildlife Refuge in the Town.

Policy 5.1.9: The Town has established regulations pertaining to water-dependent and water-related uses. The Town will further the policies of the Indian River Lagoon Surface Water Improvement and Management (SWIM) plan, to ensure appropriate protection of marine species and marine habitats, including:

1. The requirement that all waterfront structures be located to minimize negative impacts on native shoreline vegetation and marine grass beds, based on an environmental survey to be provided to the Town by the applicant;
2. The required use of silt screens or other appropriate sediment control methods during the construction of water-dependent or water-related uses.

Policy 5.1.10: The Town will recognize the Florida Fish and Wildlife Conservation Commission, the U.S. Fish and Wildlife Service and Treasure Coast Regional Planning Council inventories of known areas of endangered or threatened species, to be used when evaluating land development proposals.

Policy 5.1.11: To protect, conserve or enhance the natural functions of wetland systems in the Town , the Town will consider implementing incentives to initiate the restoration to natural conditions of impounded wetlands.

Policy 5.1.12: The Town has adopted Land Development Regulations for the protection of its natural resources, which address the protection of wetlands, mangroves, estuarine sea grass and native upland vegetation.

Policy 5.1.13: The Town will coordinate with the Indian River Mosquito Control District to ensure maximum source reduction control.

Policy 5.1.14: There shall be no net loss of wetlands in the Town , unless mitigated or if exempt from mitigation requirements.

Policy 5.1.15: Residential developments within coastal high hazard areas shall meet or exceed all applicable requirements for coastal construction.

Policy 5.1.16: The Town will continue to examine community-wide strategies to increase the resiliency of the Town to address future effects of coastal storms and climate change on the community.

Objective 2: Estuarine Water Quality

The Town will maintain the estuarine water quality of the Indian River Lagoon in conformance with the Florida Department of Environmental Protection guidelines of Class II waters shellfish propagation and harvesting.

Policy 5.2.1: Dredging for the primary purpose of obtaining upland fill shall be prohibited in the Indian River Lagoon within Town limits.

Policy 5.2.2: Pruning of mangroves shall only be authorized for minimum access from the mean high-water line to a dock or pier, consistent with appropriate State and Federal regulations, or as otherwise authorized by appropriate State and Federal agencies. 

Policy 5.2.3: Submerged aquatic vegetation communities shall not be removed or shaded to such an extent as to cause the death of a significant area of the community.

Policy 5.2.4: Submerged aquatic vegetation communities shall not be subjected to excessive turbidity, decreased light penetration, propeller, or net damage.

Policy 5.2.5: The Town shall cooperate with the County, Water Management District and other appropriate agencies to coordinate protection strategies for the Indian River Lagoon.

Objective 5.3: Water Dependent/Water Related Uses

The Town has implemented performance guidelines which give shoreline priority to water dependent uses while decreasing the adverse ecological impacts of these uses.

Policy 5.3.1: Water-dependent land uses shall be located and constructed consistent with the Pelican Island National Wildlife Refuge.

Policy 5.3.2: There shall be no erection of structures in the Indian River Lagoon within the Town, except for water-dependent facilities, such as docks, kayak and canoe facilities or piers, consistent with the adopted policies of this Comprehensive Plan.     

Policy 5.3.3: Water-dependent land uses shall be consistent with the following requirements:

1. docks and piers shall not hinder navigation or public use of the lagoon;
2. docks and piers shall be constructed and maintained in a manner that does not degrade area aesthetics or conflict with adjacent land uses;
3. permanent live-aboard vessels shall be prohibited in the Town ;

Policy 5.3.4: Mitigation shall be required for any endangered, threatened or species of special concern of native upland vegetation disturbed during construction and operation of water-dependent uses.

Policy 5.3.5: Applicants must obtain all required Federal and State permits, and approvals, as well as permits and approvals from any other applicable authority for water-dependent uses prior to obtaining a Certificate of Occupancy or completion.

Policy 5.3.6: Prior to operation of any water-dependent facility not associated with a single-family residence, fuel management/spill and hurricane contingency plans, as appropriate, shall be provided to the Town and the County.

Policy 5.3.7: In the event dredging is required for navigation channels and mooring areas, it shall be limited to depths no greater than eight (8) feet, unless otherwise approved by the appropriate State or Federal agency. Any required dredging operations shall utilize appropriate construction techniques and materials to comply with State water quality standards, such as turbidity screens, hydraulic dredges, and properly sized and isolated spoil deposition areas to control spoil dewatering.

Policy 5.3.8: Water-dependent facilities shall not degrade water quality below existing Florida Department of Environmental Protection water classification standards.

Objective 5.4: Beach And Dune Protection

The Town has implemented a beach and dune monitoring and management program to protect, maintain and enhance a naturally functioning beach and dune system, while ensuring that no unnatural disturbances to the primary dune system occur.

Policy 5.4.1: Development shall not occur on the primary dune, except for structures necessary for beachfront access.

Policy 5.4.2: Beachfront access structures, including boardwalks and gazebos, shall be elevated above the dune vegetation and shall not inhibit sand accretion on the primary dune , nor preclude any repair or maintenance.

Policy 5.4.3: If beach renourishment, dune maintenance, repair and protection, and emergency beach and dune projects are deemed necessary, they should be designed and located, to the fullest extent possible, so as not to interrupt littoral drift or impact fish, wildlife or other resources.

Policy 5.4.4: Vegetated dune areas along beachfront areas shall be maintained or reestablished, as appropriate by responsible parties.

Policy 5.4.5: In order to maintain the natural dune systems, the Town has and will continue to adopt and implement  dune protection regulations in accordance with Florida Department of Environmental Protection standards, which address, at a minimum, the following:

1. all beach access shall occur at designated access points which include dune walkover structures;
2. all vegetative species planted on the beach and dune shall be native, salt-tolerant and adaptive to the nutrient-poor environment;
3. activity that damages dune vegetation, including trampling, crushing, breaking, uprooting or digging up, by persons or animals in their care is unlawful, as is the use of pesticides on or near protected dune vegetation;
4. any pruning, trimming,or removal of dune vegetation shall be in accordance with the standards and, when applicable, the permitting requirements set forth by the Florida Department of Environmental Protection and;
5. activities which would significantly impact the nearshore reef community shall be prohibited;
6. all Federal, State and Local regulations concerning beach management shall be satisfied;
7. coordination with the County’s existing Beach and Shores Preservation Advisory Committee to implement programs and make recommendations pertaining to beach preservation and restoration activities.

Policy 5.4.6: The Town will implement the provisions of the Town’s  ordinances pertaining to coastal construction and natural resource protection, in addition to the applicable goals, objectives and policies of the Town Comprehensive Plan, to reduce the exposure of human life and property to natural hazards. Such provisions shall include, but not be limited to:

1. the regulation of coastal development;
2. preservation of flood storage capacity in the 100-year flood plain;
3. the protection of beaches and dunes from disturbance.

Objective 5.5: Coastal High Hazard Zone Limitations

Limit public expenditures by the Town within the coastal high hazard area to those required to restore or enhance the Town’s coastal resources, or those necessary for recreation or access.

Policy 5.5.1: The coastal high hazard area shall be defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake and Overland Surges from Hurricanes (SLOSH) computerized storm surge model.

Policy 5.5.2: The Town shall not finance the construction of roadways within the coastal high hazard area.

Policy 5.5.3: The Town shall not accept for maintenance any roadway within the coastal high hazard area.

Policy 5.5.4: The Town shall not finance the construction of sewer facilities, water facilities or other infrastructure within the coastal high hazard area, except for recreational facilities or those required for access.

Policy 5.5.5: The Town shall regulate development of areas which are prone to flooding and areas within the 100-year floodplain in a manner that is consistent with regulations established by the National Flood Insurance Program. Development shall be consistent with or more stringent than the flood resistant construction requirements of the Florida Building Code and the federal flood plain management regulations set forth in 44 C.F.R part 60.

Policy 5.5.6: The Town shall ensure, through financial assurances, that infrastructure will be in place to meet the demand imposed by completed development or development.

Objective 5.6: Limit Densities in the Coastal High-Hazard Zone and Encourage Resistant and Resilient Development

Policy 5.6.1: To direct population concentrations away from known or predicted coastal high hazard areas, all activities involving construction, excavation, and sand removal, unless exempt under Section 161.053, Florida Statutes, are prohibited seaward of the 1987 Department of Environmental Protection Coastal Construction Control Line without first obtaining a permit or other written authorization by the Department of Environmental Protection in accordance with Section 161.053, Florida Statutes.

Policy 5.6.2: The Town shall require that any construction activities seaward of the Coastal Construction Control Line established pursuant to Section 161.053 Florida Statutes be consistent with Chapter 161, Florida Statutes.

Policy 5.6.3: All development within the coastal high hazard area shall be in compliance with Florida law, Florida Department of Environmental Protection and Federal Emergency Management Agency regulations.

Policy 5.6.4: The Town encourages all new residential development to provide additional freeboard beyond the minimum requirements in an effort to reduce losses due to flooding and claims made under flood insurance policies. The Town may consider amendments to the land development regulations to support this policy.

Policy 5.6.5: The Town shall utilize best practices and initiate mitigation strategies to reduce the risk of flooding in coastal areas that may result from high tide events, storm surge, extreme rain events, and the related impacts of sea level rise.

Policy 5.6.6: The Town shall continue to participate in the National Flood Insurance Program and should consider participation in that program’s Community Rating System.

Objective 5.7: Hurricane Evacuation

The Town  has adopted the County’s current Comprehensive Emergency Management Plan, in which the Evacuation and Reentry Plan is included, as amended.

Policy 5.7.1: The Town shall coordinate with the County during any hurricane evacuation.

Policy 5.7.2: The Town shall keep a current copy of the County’s hurricane evacuation plan on file in order to inform residents of these plans.

Policy 5.7.3: In the event new development within the Town should result in a deficiency in the hurricane evacuation plans below acceptable standards, the Town shall coordinate with the County and the Florida Department of Transportation to relieve its fair share of the deficiency.

Objective 5.8: Post-Disaster Redevelopment

The Town is and will continue to coordinate with the County in the development of a Post-Disaster and Redevelopment Plan which minimizes or eliminates the future risk to human life and public and private property from natural disasters.

Policy 5.8.1: Post-disaster permitting procedures shall be streamlined to allow immediate repairs necessary to protect public health and safety.

Policy 5.8.2: After immediate repairs are made, the first priority for permitting shall be for necessary infrastructure and primary residences.

Policy 5.8.3: Redevelopment within the coastal high hazard zone shall be limited to 2 dwelling units/acre, recreational and structures required for oceanfront access.

Policy 5.8.4: The post-disaster procedures of the Town shall be consistent with the County’s Comprehensive Emergency Management Plan.

Policy 5.8.5: The Town shall coordinate with the Florida Department of Environmental Protection and other appropriate agencies during post-disaster redevelopment.

Policy 5.8.6: The Town will continue to review and adopt revisions to the Florida Building Code concerning the construction of buildings located in the coastal zone.

Policy 5.8.7: The Town encourages that buildings damaged beyond repair be reconstructed with one additional foot of freeboard over Base Floor Elevation west of A1A and three additional feet of freeboard east of A1A.

Policy 5.8.8: The Town encourages mechanical equipment to be elevated over Base Floor Elevation upon replacement to avoid potential damages due to flooding or storm surge.

Objective 5.9: Level of Service Standards

The Town will maintain the levels-of service for transportation, sanitary sewer, potable water, drainage, parks and solid waste established within this plan.

Policy 5.9.1: No development order shall be issued by the Town unless the above listed facilities and services are consistent with the adopted levels-of- service.

Policy 5.9.2: The Town’s traffic circulation levels-of-service shall be consistent with the County. Development orders will not be issued if thresholds are exceeded.

Policy 5.9.3: The Town shall coordinate with the County to maintain the level-of-service for potable water, sanitary sewer and solid waste as adopted within the Infrastructure Element of this Comprehensive Plan.

Policy 5.9.4: The Town shall require any developer within the Town to maintain the level-of-service of twenty (20) acres per thousand population for recreational facilities, as contained within the Recreation and Open Space Element of this Comprehensive Plan.

Policy 5.9.5: The Town adopts the level-of-service standards for all new drainage improvements to be consistent with the Water Management District or the Florida Department of Environmental Protection, as appropriate.

Policy 5.9.6: The Town will maintain the standards, phasing and funding of infrastructure in the coastal zone, as set forth in the Traffic Circulation Element and the Drainage, Sanitary Sewer, Potable Water and Solid Waste sub-elements of the Infrastructure Element of the Town’s Comprehensive Plan.

Objective 5.10: Historic Resource Protection

The Town shall protect the historic resources in the Town from the adverse impacts of development.

Policy 5.10.1: In accordance with Indian River County and Florida Department of State, Jungle Trail is designated a scenic and historic roadway.

Policy 5.10.2: Jungle Trail will generally be used as an access way, open space corridor and provide passive recreational activities while maintaining its primary historic importance.

Policy 5.10.3: The Town has prepared an inventory of all historic, archaeological, and architectural resources within the corporate limits but has found no such resources.

Policy 5.10.4: Should historic, archaeological, and architectural resources be found, the Town shall, adopt a preservation ordinance to protect, preserve and provide criteria for the sensitive reuse of any identified resource.

Objective 5.11: Development in Coastal High Hazard Zone

The Town will not fund any public expenditure that subsidizes development in coastal high hazard areas.

Policy 5.11.1: The Town shall not expend public funds for infrastructure or other development, except those necessary for public beach access, or to protect human life and property, within the coastal high hazard area.

Policy 5.11.2: Beach renourishment, dune maintenance, dune repair, dune vegetation or dune protection projects may be funded by public funds within the coastal high hazard area, as these efforts aid the protection of human life and property.