CITY OF ANNA MARIA P.O. Box 779, 10005 Gulf Drive, Anna Maria, FL 34216 Phone (941)7 708-6130 Fax (941)708-6134 JANUARY 25, 2021 AT2:001 P.M. PLANNING. AND ZONING BOARDI MEETING CITY HALL COMMISSION CHAMBERS  AGENDA  THIS PLANNING AND ZONING BOARD MEETING IS BEING HELD USING OPTIONAL  TELECOMMUNICATIONS MEDIA TECHNOLOGY.  TO. ATTEND YOU MUST: Dial in by using your) phone. United States: 929-205-6099 Access Code: 853-3292-0992  *Out of courtesy for others, please mute your phone when not speaking*  Pledge of Conduct: We may disagree, but we willl be respectful of one another. We will direct all comments to the  issues. We will avoid personal attacks. CALLTO ORDER PLEDGE' TOTHE FLAG ROLL CALL  REGULAR: MEETING  General Public Comment regarding non-agenda items and items not scheduled for future agendas willl be taken at the beginning of the meeting with a limitation of three minutes. The Commission's intent is that General Public comment is to be used for the public to inform the Commission ofnew issues within the City. Public Comment regarding agenda  items will be taken with each agenda item with al limitation of three minutes.  1. General Public Comment NEW BUSINESS  3. Ordinance Review- - Chapter 110 Waterways, Shoreline Stabilization & Mangrove Protection  4. StaffMember Discussion Items 2021 Goal Setting 5. Board Member Discussion Items Traffic Circulation Sea-Level Rise Pocket Parks  CONSENT AGENDA: The following items are considered routine in nature and should be considered in a single motion. Items which warrant: individual discussion should bei removed from this list prior to the motion to adopt. Such  items will be discussed separately. 6. Approve Minutes: November 9, 2020  NEXT MEETING February 22nd, 2021 @ 2:00pm    Press Comment Adjournment  6 (FSS 286.26) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT AND FLORIDA STATE STATUTES, PERSONS WITH DISABILITIES NEEDING! SPECIAL ASSISTANCE TOPARTICIPATE INI THIS PROCEEDING SHOULD CONTACT THE CITY CLERK FOR ASSISTANCE, ATLEAST1 THREEE BUSINESS DAYSPRIOR TO1 THE MEETING (941)7 708-6130. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, THEY WILL NEED1 TOE ENSURE THAT A VERBATIM RECORD OF1 THE PROCEEDINGS BE MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICHTHE  APPEALI IST TO BEI BASED.    Anna Maria Planning and Zoning Board Revisions - Code ofOrdinances  1923 COUNTY  City of Anna Maria  MEMORANDUM  TO: FROM:  City of Anna Maria Planning and Zoning Board  Chad Minor, City Planner  SUBJECT: Code Revisions BACKGROUND  The City's Code of Ordinances ("code") contains regulations for the development and use of property including zoning, subdivisions, and other related land use activities. Building Department and Planning Staff monitors and continually identifies potential updates the code to simplify and streamline the permitting processes, assure compliance with state and federal regulations, and eliminate unnecessary barriers, redundancies and contradictions. Through these regular updates, the code will be more responsive to address the City's changing land use issues. Changes to the code shall follow the procedure set forth in DIVISION 3. - AMENDMENTS  AND REZONING.  CITY INITIATED CODE CHANGES  At this stage in the process, Staffi is requesting input on the proposed text changes. Once input and general consensus from the Planning and Zoning Board is garnered, the text changes will be sent to the City Attorney for review and compliance with Florida Statutes, etc. Upon review by the City Attorney, the text changes will be brought back to the planning and zoning board for a public hearing. All petitions to amend the regulations shall be subject to al hearing by the planning and zoning board in order to allow the planning and zoning board toi recommend to the city commission approval oft the petition, approval oft the petition with conditions, or Staffis proposing code text changes and soliciting input from the Board on the following sections:  denial oft the petition.  Ch. 110 Waterways  Provisions added fori mangrove protection in accordance with Florida Statutes.  Additional docking language added for clarity.  Attached to this memorandum are the proposed text changes in Strikethrough & Underline format for planning and zoning board discussion. Staff has also attached the 1996 Mangrove Trimming & Preservation Act (Florida  Statute Sections 403.9321-403.9333) for reference.  10005 Gulf Drive - P.O. Box 779 - Anna Maria, FL 34216-0779" (941) 708-6130 Fax (941) 708-6134  SUNCOM: 516-6740-yww.dlyoofannamaria.com        1 ChapterIo-WATERWANSI  2 Footnotes: 3 --( (1)---  4 Cross reference- Jurisdiction of code enforcement board, S 2-58; consumption of alcoholic beverages 5 prohibited in certain areas, S 6-3; sea turtles, S 14-26 et seq.; parks and recreation areas, ch. 38;  6 watercraft, ch. 66; coastal construction code, S 74-61 et seq. 8 Sec. 110-1. - Maximum speed of vessels in canals.  7 ARTICLEI.-I INGENERAL  9  Its shall be unlawful for any person to operate a motorboat or other vessel upon or in the waters of  10 any canal within the city limits at a speed greater than idle speed and with no wake.  11 (Ord.No. 96-547, 8 1(25-1),2-16-96)  12 Cross reference- Safety standards for boats, $ 66-36 et seq.  13 Sec. 110-2.-Landing within city limits.  14  Itshall be unlawful for any person to land or operate any aircraft, including helicopters, within the  15 waterways oft the City of Anna Maria. Nothingi in this section shall, however, be construed to prohibit 16 emergency landings, landing by the U.S. Coast Guard, or other governmental agencies, landing for 17 medical emergencies, and landings by law enforcement officers in the performance of their law  18 enforcement duties. 19 (Ord. No. 12-742, $2, 8-23-12) 20 Secs. 110-3-110-30.-R Reserved. 21 ARTICEIL-LVEABOARDN VESSELSI2  22  23 Footnotes: 24 --(2)--  25 Cross reference- Boats, S 66-26 et seq.  26 State Law reference- Florida Vessel Safety Law, F.S. ch. 327; local regulations qualified, F.S.S  27 327.60. 29  28 Sec. 110-31.- Use generally.  No person shall use the gulf, bay, bayous, canals or other waterways within the corporate limits of 30 the city as as site to moor or anchor watercraft for the purpose of utilizing the watercraft as a residence or 31 live-aboard, either temporarily or permanently, whether continuously or not, with or without cooking 32 facilities, except under the circumstances and subject to the conditions set forth in section 110-32.  1    33 (Ord. No. 96-547, $ 1(25-22), ,2-16-96) 34 Sec. 110-32. Approved mooring sites. 36 approved commercial mooring site. 37 (Ord. No. 96-547, $ 1(25-23), 2-16-96)  35  Within the city limits a person may moor and live aboard a watercraft, for any period of time, at an  38 Sec. 110-33. Depositing or discharging trash, sewage or other wastes.  39  Its shall be unlawful for any person to deposit trash, garbage or waste, human or otherwise, by  40 casting the waste upon the waters within the city limits, by discharging the waste into the waters within  41 the city limits, or by disposing of the waste on any lands within the city limits.  42 (Ord. No. 96-547, 8 1(25-24), 2-16-96) 43 Secs. 110-34-110-60.- - Reserved. 44 ARTICLE III. - SHORELINE STABILIZATIONA  45 46 Footnotes: 47 ---(3)---  48 Cross reference- Code enforcement, S 2-58. 49 Sec. 110-61.- Objectives of article.  50  The objectives oft this article are to prevent degradation or loss of native shoreline habitat, and  51 encourage improvement of habitat degraded by shoreline protection structures, and to provide  52 construction standards for replacement of failed seawalls. 53 (Ord. No. 96-547, $ 1(25-41), ,2-16-96)  54 Sec. 110-62. - Findings. 55 (a) Native shoreline vegetation:  56 57 58 59 60 61 62 63  (1) Helps to protect the shoreline against erosion;  (2) Provides habitat for a diverse community of plants and animals, including species listed by the (4) Is aesthetically pleasing and can be reasonably incorporated as a landscaping asset for (5) Is protected under the 1996 Mangrove Trimming and Preservation Act. (F.S. 403.9321-  state as endangered, threatened or species of special concern; (3) Plays ai fundamental role in estuarine aquiferation and water quality; and  waterfront residences; and 403.9333).  2    64 (b) Limestone riprap can provide a rocky substrate for marine organisms and native wetland shoreline 67 (c) Seawalls and bulkheads fronted by berms of vegetated riprap provide better estuarine and habitat  65 66 68  vegetation, and can aid in the dispersal of coastal energies on shorelines, thereby increasing  resistance to erosion and damage by storm-driven waves. and shoreline protection than seawalls or bulkheads alone.  69 (Ord. No. 96-547, $ 1(25-42), 2-16-96) 70 Sec. 110-63. Applicability of article. 72 canals, waterways and wetlands. 73 (Ord. No. 96-547, $ 1(25-43), ,2-16-96) 74 Sec. 110-64. - Stabilization techniques.  71  This article shall be applicable to all new development on shorelines, including shorelines along  75 76 77 78 79  The following shoreline stabilization techniques shall apply:  (1) Onr new developments located along shorelines which are not already hardened with seawall or bulkhead construction, native wetland shoreline vegetation or limestone riprap for shoreline (2) Seawall or bulkhead construction is permitted on lots which abut existing seawalls on any side.  stabilization shall be used.  80 (Ord. No. 96-547, $ 1(25-44), 2-16-96)  81 Sec. 110-65. - Special requirements for structures in certain locations.  82  These specifications are not intended to apply to seawalls or other structures on the Gulf of Mexico  83 or Tampa Bay shore, for which, because of occasional heavy storm-wave action, special consideration 84 must be given. Proposed seawalls, bulkheads and other waterfront structures may require additional 85 permitting from regional, state or federal agencies based on the location oft the proposed structure.  86 (Ord. No. 96-547, $ 1(25-45), 2-16-96) 87 Sec. 110-66. Responsibility for construction.  88  The seawall or bulkhead is part of the property oft the upland property owner, and his is the final 89 responsibility for the construction oft the seawall or bulkhead in accordance with the requirements of this 90 article, and for the performance and maintenance thereof. Construction in compliance with this article 91 does not relieve the contractor from responsibility to the owner for the stability and satisfactory  92 performance of the wall.  93 (Ord. No. 96-547, 8 1(25-46), ,2-16-96) 94 Sec. 110-67.- Allowances for deviations in design.  95  Itis the intent oft this article toi indicate acceptable construction, according to minimum standards. 96 Experience on Anna Maria Island and elsewhere has been drawn on for these specifications, but it is not 97 intended to exclude other designs which can show evidence of rendering satisfactory service.  3    98 (Ord. No. 96-547, $ 1(25-47),2-16-96)  99 Sec. 110-68. Permit.  100  Prior to construction of a shoreline stabilization structure, a permit must be obtained from the building  101 official. Fees for permits will be established by the city commission. Permits will not be issued until a 102 detailed drawing oft the construction is submitted and approved by the building official.  103 (Ord. No. 96-547, S 1(25-48), 2-16-96) 104 Sec. 110-69. - Height ofs seawalls.  105  The height of the fill behind the seawall, that is, the ground level of the lots, should be no higher than  106 the top of the seawall, except that the property shall be graded from the building line to the seawall to 107 prevent standing water; however, such grade shall not exceed that allowed in section 74-34.  108 (Ord. No. 96-547, $ 1(25-49), 2-16-96)  109 Cross reference- Filling and grading lots, $ 74-34.  110 Sec. 110-70.-J Jetting-in slabs.  111  The bay bottom shall be examined for obstructions toj jetting-in, and rocks, rubbish or other  112 obstructions to jetting-in the slab must be removed. Ifs solid rock is encountered, the slab may be cut off  113 before or after jetting to proper heights to line up with full depth slabs.  114 (Ord. No. 96-547, $ 1(25-50), 2-16-96) 115 Sec. 110-71.-Tle-backs.  116  The purpose of the tie-back is to resist the outward thrust at the top of the wall from the soil behind it.  117 The tie-back shall be a heavy steel bar, with the inner end anchored in a concrete block. The tie-back rod  118 shall be protected from corrosion. 119 (Ord. No. 96-547, $ 1(25-51), 2-16-96)  120 Sec. 110-72.-F Returns.  121 124  Any seawall or bulkhead which is notj joined with another seawall at its end will require a return of ten  122 feet measured from the water side of the seawall or bulkhead.  123 Sec. 110-74. Mangroves  Prior to trimming or alteration of mangroves. notification must be given to the City oft the intent to  125 trim or alter such mangroves. The property owner must provide evidence to the City that any intended 126 trimming or alteration activity is permissible under the 1996 Mangrove Trimming and Preservation Act. 127 Such evidence can only be provided by the Florida Department of Environmental Protection ora 128 Professional Mangrove Trimmer who meets the qualifications set forth in F.S. 403.9329.  129 (Ord. No. 96-547, $ 1(25-52),2-16-96) 130 Secs. 110-73-110-90.- - Reserved.  4    131 ARTICLE IV. - MARINAS, DOCKS, WHARFS, PIERS, MOORINGS, PILINGS ORGROINS  132 Sec. 110-91.-F Findings.  133 (a) Improperly situated docking facilities can impede navigation by cluttering waterways. 134 (b) Pilings can contribute to poor water quality conditions by disrupting flow of tidal flushing. 135 (c) Seagrasses provide essential habitat and nutrition for marine organisms. Docking facilities can 138 (d) Manatees (Trichechus manatus) are listed by the state as endangered. Boat- and barge-related  136 137 139  prevent necessary sunlight from reaching seagrasses, thereby reducing or eliminating seagrass  productivity and habitat value.  manatee mortalities are al leading cause of manatee deaths in the state.  140 (Ord. No. 96-547, $ 1(25-76), 2-16-96) 141 Sec. 110-92.- - Purpose of article.  142  The purpose of this article is to protect the environmental integrity and navigational function oft the  143 estuaries and waterways by providing guidelines and standards for the placing and construction of  144 docking facilities.  145 (Ord. No. 96-547, 8 1(25-77),2-16-96) 146 Sec. 110-93. Permit required.  147 (a) A building permit, obtained from the building official, shall be required for any. marina, dock, wharf. 149 (b) Permits shall be conditioned upon issuance of all applicable federal, state, county and other  148 150  pier, piling, boat lift, davit and slip or any other structure in or over any waterway.  necessary local permits.  151 (Ord. No. 96-547, $ 1(25-78), 2-16-96) 152 Sec. 110-94.- Application for permit.  153 156 157 158 159  A person desiring al building permit for a marina, dock, wharf, pier, piling, boat lift, davit, slip or other (1) An overall site plan and site survey, including the shape and dimensions of the lot or parcel of land, proposed structures requiring a permit, and location of wetland vegetation. (2) Location of shoreline protection structures, including seawalls, bulkheads and riprap, and  154 structure in or over a waterway shall submit a written application to the building official, which shall  155 include the following:  location oft the waterway boundary.  160 (Ord. No. 96-547, $ 1(25-79), 2-16-96) 161 Sec. 110-95. - General standards.  162 163 164  The following general provisions shall be met by all permit applicants:  (1) No marina, dock, wharf, pier, mooring pilings or groins, boat lift. davit, slip or groins or other structure extending into the Gulf of Mexico or the waters of Tampa Bay are permitted.  5    165 166 167 168 169 170 171 172 173 174 175 176  (2) No marina, dock. wharf. pier, mooring pilings or groins, boat lift, davit. slips or groins or other structure decking-facility shall be located in such a manner as to impede normal navigation. (3) Docking facilities shall not be located closer to any side lot line than the minimum side yard requirement of the zoning district applicable on the adjacent shore. The side lot lines shall be deemed to extend into the adjacent water body perpendicular to the shoreline which they (5) The height of a docking facility (except openwork, railings, pilings, flag or signal poles and boat davits) shall not exceed the height of the ground level to which it abuts, except when state or (6) The location of mooring areas over productive tidal marshes and marine grass beds shall be  intersect.  (4) All boats shall be moored parallel to the length of the waterway.  federal regulations require additional height.  prohibited when such location will destroy such marshes and grass beds.  177 (Ord. No. 96-547, $ 1(25-80), 2-16-96)  178 Sec. 110-96. - Design standards for residential docking facilities.  179 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210  The following standards shall be met prior to the issuance of any development order for any (1) Each lot or parcel with a dwelling may have boat mooring areas provided the boat mooring areas do not impede access to abutting lots or parcels. All vessels in the boat mooring areas must be registered to the owner of the lot or parcel with the exception of one vessel. For platted waterfront lots which do not meet the minimum residential lot size of 5,000 square feet and do not have a dwelling, one docking facility is permitted provided that the following is complied a. The owner of such lot shall also own a lot within the city which contains a dwelling;  180 noncommercial docking facility by the city:  with:  b. There shall be no live-aboard vessels; and Adequate provisions shall be made for waste removal.  (2) All docking facilities shall comply with side yard setbacks as prescribed in chapter 114, Article VThe setback shall be measured from outside limits of the upland owner's riparian line as applied to the lot or parcel. For purposes of this regulation, the riparian line is a line projected from the shoreline of the lot or parcel to the centerline oft the navigable canal. (3) No docking facility shall extend into the waterway more than five feet from the bulkhead or seawall and shall no more than 20 feet parallel to the shoreline. Notwithstanding the preceding sentence, on waterways that are without seawalls, or when it is necessary to reach a reasonable water depth, a walkway no more than ten feet long and five feet wide, measured from the mean high water line, as established by survey, may be constructed to reach the dock's landing platform, which shall be no more than 20 feet parallel to the shoreline and five feet perpendicular to the shoreline. On waterways which are obstructed by mangroves, the docking facility must be seaward of the mangroves and any a walkway may only extend directly beyond the mangroves. Said walkway however shall not exceed 20 feet in length and 5 feet wide to reach the docking platform. No docking facility shall be placed closer than 20 feet to the centerline of the waterway as measured from the portion oft the waterway where the facility isto (4) Mooring pilings may be placed no more than 35 feet from the bulkhead, seawall or waterway boundary, whichever is most landward. Not withstanding the foregoing, neither mooring pilings nor moored vessels shall be placed closer than 20 feet to the centerline of the waterway as measured from the portion of the waterway where the facility is to be located. A survey shall be  be located. As survey shall be submitted verifying the centerline distance.  submitted verifying the centerline distance.  6    211 213 )  (5) Covered and boat house docking facilities are prohibited.  212 (Ord. No. 96-547, $ 1(25-81), 2-16-96; Ord. No. 09-704.51.9:24-09; Ord. No. 12-745.55. 11-29-12  214 Sec. 110-97.-1 Design standards for commercial docking facilities.  215 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255  The following standards shall be met prior to thei issuance of any development order for any (1) For bodies of water considered to be Outstanding Florida Waters, no new dredging is allowed unless it can be shown that the proposed dredging is in the public's interest, as required by (2) Waterfront uses shall have sufficient upland area to accommodate all non-water-dependent (3) Proposed waterfront uses shall demonstrate no significant adverse impact on established (4) Dredging and filling of wetlands or open water in order to accommodate non-water-.dependent uses shall not be allowed. Exceptions may be granted in cases shown to be an overriding public (5) New marina-type uses shall be located only in areas having adequate depths for ingress and egress without dredging productive (vegetated) submerged areas. A minimum water depth of four feet mean low water shall be required. Greater depth shall be required for those facilities designated for, or capable of, accommodating boats having more than a three-foot draft. These depth requirements shall apply to the area between the proposed facility and any natural or other navigational channel, inlet or deep water. Marking of navigational channels shall be (6) Inr reviewing applications for docking facilities, ways to mitigate adverse environmental impacts of proposed or past activities shall be explored. This may include shallowing dredged areas, restoring wetland or submerged vegetation, or marking navigational channels. Such mitigation (7) Boat maintenance and other intense activities shall be located as far as possible from open water bodies in order to reduce contamination of water bodies by toxic substances common to boat maintenance. Runoff from boat maintenance activities must be collected and treated prior (8) Open wet slips shall be preferred to covered wet slips in design to reduce shading of water (9) Cumulative effects of several marinas/boat ramps in one area shall be considered in the review (10) All new or expanded marinas shall provide adequate capacity to handle sewage, either by means of on-site pump-out and treatment facilities, or connection to a treatment plant. Applicants shall document the availability and capacity of such sewage facilities to handle the anticipated volume of waste. All marinas with fueling facilities shall provide pump-out facilities at each fuel dock. Marinas which serve live-aboards or overnight transient traffic shall provide direct connections to municipal sewage collection system at every live-aboard and transient slip. (11) The applicant shall provide documentation of capability to respond rapidly and effectively to contain any spills of petroleum or other hazardous materials. Documentation shall be in the form of a spill contingency plan, which shall include a list of cleanup equipment and where it will be stored, fuel pump operation and emergency shutdown procedures, and a description of the  216 commercial docking facility by the city:  Florida Statutes. However, restrictions oft the comprehensive plan prevail. uses, such as but not limited to parking areas and restaurants. recreational and commercial fishing activities.  interest, such as the presence of sensitive upland habitats.  required.  or restoration may be required as a condition of approval.  to discharge.  bodies which results in reduced biological productivity.  of proposed waterfront uses.  7    256 257 258 259 260 261 262  training which will be provided to marina personnel who will operate the pumps and deploy (12) All marina-type uses shall demonstrate compliance with state water quality standards by maintaining a water quality monitoring program approved by the state department of (13) Grass beds and other submerged habitats deemed valuable by the state department of  cleanup equipment. environmental protection.  environmental protection shall be protected, regardless oft their size.  263 (Ord. No. 96-547, S 1(25-82), ,2-16-96)  264 Sec. 110-98. Operational guidelines for commercial marinas.  265 (a) Applicability. This section applies to all new construction and to redevelopment of existing marinas. 266 (b) Hurricane preparedness plan. Approved marina-type uses shall prepare hurricane preparedness 268 (c) Fuel management plan. Approved marina-type uses shall prepare, if appropriate, a fuel 271 (d) Speed limits. All basins for marina-type uses will be designated idle speed zones, and access 273 (e) Manatee protection. Approved uses shall comply with the manatee protection plan of the state  267 269 270 272 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299  plans.  managementispi. contingency plan which shall describe methods to be used in dispensing fuel and  all procedures, methods and materials to be used in the event of a fuel spill.  channels shall be designated slow speed zones.  department of environmental protection, when developed, if approved subsequent to the development of such plan; otherwise, uses utilizing waterfront access for boats shall be subject to  the following:  (1) Protection during construction period.  a. Ifthe state department of environmental protection has identified the waters surrounding the marina as an area frequented by the manatee, the West Indian Manatee shall be protected during the construction period. The contractor shall instruct all personnel associated with the project of the presence of manatees and the need to avoid collisions b. All personnel will be advised that there are civil and criminal penalties for harming, harassing or killing manatees, which are protected under the Endangered Species Act of 1973, the Marine Mammal Protection Act of 1972, and the Florida Manatee Sanctuary Act of 1978. The developer will be held responsible for any manatee harmed, harassed or All construction activities in open water will cease upon the sighting of manatees within 100 yards of the project area. Construction activities will not resume until the manatees have d. Al log detailing sightings, collisions or injuries to manatees which have occurred during the (2) Report after completion of construction. Following project completion, a report summarizing the incidents and sightings described in subsection (1)d of this subsection shall be submitted to the Florida Department of Environmental Protection, Manatee Recovery Program (100 Eighth Avenue, S.E., St. Petersburg, Florida 33701-5095), and to the U.S. Fish and Wildlife Service (3) No wake zone. If the state department of environmental protection has identified the waters surrounding the marina as an area frequented by the manatee, an idle/no wake speed zone  with manatees.  killed as a result of construction of the project.  departed the project area. construction period shall be kept.  (2747 Art Museum Drive, Jacksonville, Florida 32207).  8    300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 331 332 333 334 335 336 337 339 340 342 344 345 346  shall be clearly marked in the channel from the marina facility to a point beyond the manatee a. Manatee awareness signs shall be installed and maintained at prominent locations within the construction area or facility. A marina site plan shall be sent to the state department of b. Signs shall be three-inch by four-inch 125 gauge 61TS aluminum, covered with white engineer-grade reflective sheeting, with black printed lettering, a black screened design, and a reflective tape border. The three-inch by four-inch Caution-Manatee Area" signs The installation of the three-inch by four-inch signs shall be made in accordance with the specifications of the state department of environmental protection for such signs. Sign installation specifications will be furnished to the permittee when sign locations are d. Placement and installation of signs will be certified as on designated stations to the state department of environment protection by the project professional engineer before the e. Signs and pilings are to remain the responsibility of the owner and are to be maintained for the life of the marina in a manner acceptable to the state department of environmental (5) Report of collisions. Any collision with a manatee shall be reported immediately on the manatee "hotline" (1-800-342-1821) and to the U.S. Fish and Wildlife Service, Jacksonville (6) Educational display. A permanent educational display shall be established and maintained at a prominent location to increase the awareness of boaters using the facility of the presence of manatees and need to minimize the threat of boats to these animals. The display should include information on the location oft thet facility with respect to boat speed zones in the area, the threat which boats pose to manatees, and the manatee "hotline" number (1-800-342-1821). Other information which may aid in the conservation of the species may be obtained from the state by the property. owner and approved by the state department of environmental protection when appropriate. This program shall include a baseline survey of seagrass beds, which shall be submitted as part of the development plan review, and a program for replacement of seagrass beds disturbed during construction and because of any cumulative damage caused by increased boat traffic generated by the facility. The replacement ratio shall be two to one. A permit for the removal or transplanting of seagrass beds shall be obtained from the state department of environmental regulations and the Standard Plumbing Code. Regulations prohibit the use of vessel toilets while moored, unless these toilets are self-contained or have an approved treatment device.  area, or tot the Intracoastal Waterway.  (4) Signs.  environmental protection, which will specify sign locations.  shall be fabricated to uniform waterway marking design specifications.  designated.  marina facility is in use. protection.  Endangered Species Field Station 904-791-2580).  department of environmental protection.  330 (f) Seagrass replacement. A seagrass bed replacement and maintenance program shall be established  protection, bureau of aquatic weeds, prior to approval of a final site plan.  338 (g) Restrooms. Marinas shall have adequate restroom facilities in compliance with health department 341 (h) Garbage receptacles. Garbage receptacles shall be provided and maintained by the marina 343 () Pump-out holding and treatment facilities for wastes from mobile sources. Sewage, solid waste and  operator at several locations convenient to users.  petroleum waste generated by vessels or vehicles on the site shall be collected and disposed of in a manner acceptable to state and local authorities regulating wastes from mobile sources. Regulations pertaining to handling and disposal of waste, sewage or toxic materials shall apply.  347 (Ord. No. 96-547, 81 1(25-83),2-16-96)  9    348 Sec. 110-99.- - Bulkheads and seawalls.  349  Al bulkhead or seawall shall be constructed along the property line wherein the property borders the  350 waterway shown on the plat of the subdivision within which the property is located, and the seawall or 351 bulkhead shall conform to the existing seawalls or bulkheads in the area. Prior to constructing or erecting 352 seawalls or bulkheads, the owner of the lots shall have the property surveyed by a registered engineer, 353 which survey shall be made within six months of the date of the owner's application to construct the  354 seawall or bulkhead.  355 (Ord. No. 96-547, $ 1(25-84),2-16-96) 356 et5.110100-110.120. - Reserved. 357 ARTICLEV.-ANNA MARIA CITY PIERI4I  358 359 Footnotes: 360 ---(4)---  361 Cross reference- Parks and recreation, ch. 38. 362 Sec. 110-121. Rights and jurisdiction of lessee.  363 364 365 366 367  The lessee of the Anna Maria City Pier is hereby given:  (1) Unless otherwise specifically provided in a then valid lease of the Anna Maria City Pier, the control and supervision of the leased premises, as defined in the pertinent lease agreement. (2) The exclusive right to sell bait, fishing equipment, supplies, food and beverages from said  premises.  368 (Ord. No. 96-547, S 1(25-101), 2-16-96; Ord. No. 19-858,91,1-9-20)  369 Sec. 110-122. - Prohibited acts. 370 371 Pier and Dock: 372 373 374 375 376 377 378 379 380 381 382 383  Its shall be unlawful for any person to do or perform any of the following acts on the Annal Maria City (1) Operating any automobile, truck, motorcycle, scooter, bicycle or any other vehicle, except: a. ADA approved wheelchairs, powered wheelchairs or mobility scooters which are required when walking is impossible or impaired due to illness, injury, or disability. b. Vehicles authorized by the City to provide services to the pier or structures on the pier. (3) Gigging, spearing or using snatch hooks to take fish from or under the pier and dock and within (4) Taking dogs or other pets onto the pier, except guide dogs and service animals. (5) Igniting or using any gasoline, kerosene, volatile fuel, gas, charcoal, wood or other similar type of lantern, lamp, stove, fire or lighting device other than those which are battery operated, except as required by the lessee of the premises in the conduct of the lessee's business in the  (2) Bathing, swimming, jumping or diving from the pier.  50 yards thereof.  leased premises.  10    384 385 386 387 388 389 390 391 392  (6) Placing upon, dumping or throwing from the pier or dock into adjacent waters any bottles, cans, garbage, trash or other debris or noxious substances or things. All persons using the pier and (8) Iti is unlawful for any person to consume or possess any alcoholic beverages on the pier or dock except that which has been purchased from the restaurant or bait shop. (9) Permitting the presence of children on the city pier and dock under the age of ten years unless  dock shall place such items in containers provided therefor. (7) Cast netting beyond the designated cast net marker.  under the supervision of an adult.  (10) Smoking on the pier or within 50 feet oft the entrance to the pier.  393 (Ord. No. 96-547, $ 1(25-102), 2-16-96; Ord. No. 2000-582, $1 1,7-13-00; Ord. No. 19-858, $1 1,  394 1-9-20)  11        1996 Mangrove Trimming & Preservation Act  403.9321 Short title. Sections 403.9321-403.9339, Florida Statutes, may be cited as the  "Mangrove Trimming and Preservation Act." History. s.1, ch. 95-299. 403.9322 Legislative findings.  (1) The Legislature finds that there are over 555,000 acres of mangroves now existing in Florida. Ofthis total, over 80 percent are under some form of government or private ownership or control and are expressly set aside for preservation or conservation purposes. (2) The Legislature finds that mangroves play an important ecological role as habitat for various species of marine and estuarine vertebrates, invertebrates, and other wildlife, including mammals, birds, and reptiles; as shoreline stabilization and storm protection; and for water quality protection and maintenance and as food-web support. The mangrove forest isa tropical ecosystem that provides nursery support to the sports and commercial fisheries. Through a combination of functions, mangroves contribute to the economies of many coastal (3)The Legislature finds that many areas of mangroves occur as narrow riparian mangrove fringes that do not provide all the functions of mangrove forests or provide such functions to al lesser (4) The degree. Legislature finds that scientific studies have shown that mangroves are amenable tos standard horticultural treatments and that waterfront property owners can live in harmony with mangroves by incorporating such treatments into their landscaping systems. (5) The Legislature finds that the trimming of mangroves by professional mangrove trimmers has a significant potential to maintain the beneficial attributes of mangrove resources and that professional mangrove trimmers should be authorized to conduct mangrove trimming, under certain circumstances, without prior government authorization.  counties in the state.  History. S. 2, ch. 95-299; S. 1, ch. 96-206. 403.9323 Legislative intent.  (1)Iti is the intent oft the Legislature to protect and preserve mangrove resources valuable to our environment and economy from unregulated removal, defoliation, and destruction. (2) It is the intent of the Legislature that no trimming or alteration of mangroves may be permitted on uninhabited islands which are publicly owned or on lands set aside for conservation and preservation, or mitigation, except where necessary to protect the public health, safety, and welfare, or to enhance public use of, or access to, conservation areas in (3) It is the intent of the Legislature to provide waterfront property owners their riparian right of view, and other rights of riparian property ownership as recognized by S. 253.141 and any other provision of law, by allowing mangrove trimming in riparian mangrove fringes without prior government approval when the trimming activities will not result in the removal, (4) Iti is the intent of the Legislature that SS. 403.9321-403.933 shall be administered sO as to encourage waterfront property owners to voluntarily maintain mangroves, encourage (5) Iti is the intent of the Legislature that all trimming of mangroves pursuant to this act conducted on parcels having multifamily residential units result in an equitable distribution of  accordance with approved management plans.  defoliation, or destruction of the mangroves.  mangrove growth, and plant mangroves along their shorelines.  the riparian rights provided herein.    1996 Mangrove Trimming & Preservation Act  (6) It ist the intent of the Legislature to grandfather certain historically established  mangrove maintenance activities. History. S. 3, ch. 95-299; S. 2, ch. 96-206.  403.9324 Mangrove protection rule; delegation of mangrove protection to local (1) Sections 403.9321-403.9333 and any lawful regulations adopted by a local government that receives a delegation of the department's authority to administer and enforce the regulation of mangroves as provided by this section shall be the sole regulations in this state for the trimming and alteration of mangroves on privately or publicly owned lands. All other state and local regulation of mangrove is as provided in subsection (3). (2) The department shall delegate its authority to regulate the trimming and alteration of mangroves to any local government that makes a written request for delegation, if the local government meets the requirements of this section. To receive delegation, al local government must demonstrate that it has sufficient resources and procedures for the adequate administration and enforcement of a delegated mangrove-regulatory program. When a county receives delegation from the department, itn may, through interlocal agreement, further delegate the authority to administer and enforce regulation of mangrove trimming and alteration to municipalities that meet the requirements of this section. In no event shall more than one permit fort the alteration or trimming of mangroves be required within the jurisdiction (3). A local government that wants to establish a program for the regulation of mangroves may request delegation from the department at any time. However, all local government regulation of mangroves, except pursuant to a delegation as provided by this section, is (4) Within 45 days after receipt of a written request for delegation from al local government, the department: shall grant or deny the request in writing. The request is deemed approved if the department fails to respond within the 45-day time period. In reviewing requests for delegation, the department shall limit its review to whether the request complies with the requirements of subsection (2). The department shall set forth in writing with specificity the reasons for denial of a request for delegation. The department's determination regarding delegation constitutes final agency action and is subject to review under chapter 120. (5) The department may biannually review the performance of a delegated local program and, upon a determination by the department that the delegated program has failed to properly administer and enforce, the program, may seek to revoke the authority under which the program was delegated. The department shall provide a delegated local government with written notice of its intent to revoke the authority to operate a delegated program. The department's revocation of the authority to operate a delegated program is subject to review (6) A local government that receives delegation of the department's authority to regulate mangroves shall issue all permits required by law and in lieu of any departmental permit provided for by SS. 403.9321-403.933. The availability of the exemptions to trim mangroves in riparian mangrove fringe areas provided in S. 403.9326 may not be restricted or qualified in any way by any local government. This subsection does not preclude a delegated local government from imposing stricter substantive standards or more demanding procedural requirements for mangrove trimming or alteration outside of riparian mangrove fringe areas. 403.9325 Definitions. For the purposes of SS. 403.9321-403.933, the term: (1) "Alter" means anything other than trimming of mangroves. (2) "Local government" means a county or municipality.  governments.  of any delegated local government.  abolished 180 days after this section takes effect.  under chapter 120.  History. S. 4, ch. 95-299; S. 3, ch. 96-206.  2    1996 Mangrove Trimming & Preservation Act  (3) "Mangrove" means any specimen of the species Laguncularia racemosa (white mangrove), Rhizophora mangle (red mangrove), or Avicennia germinans (black mangrove). (4)"Mangroves on lands that have been set aside as mitigation" means mangrove areas on public or private land which have been created, enhanced, restored, or preserved as mitigation under a dredge and fill permit issued under 'ss. 403.91-403.929, Florida Statutes (1984 Supplement, as amended), or a dredge and fill permit, management and storage of surface waters permit, or environmental resource permit issued under part IV of chapter 373, applicable dredge and fill licenses or permits issued by a local government, a resolution of an enforcement action, or a conservation easement that does not provide for trimming. (5) "Professional mangrove trimmer" means a person who meets the qualifications set (6) "Public lands set aside for conservation or preservation" means: (a) Conservation and recreation lands under chapter 259;  forth in S. 403.9329.  (b) State and national parks; (d) State and national wilderness areas;  (c) State and national reserves and preserves, except as provided in S. 403.9326(3); (e) National wildlife refuges (only those lands under Federal Government ownership); (f) Lands acquired through the Water Management Lands Trust Fund, Save Our Rivers (h) Lands acquired under the environmentally endangered lands bond program; (1) Public lands designated as conservation or preservation under a local government () Lands purchased by a water management district, the Fish and' Wildlife Conservation Commission, or any other state agency for conservation or preservation purposes; (k) Public lands encumbered by a conservation easement that does not provide for the (I) Public lands designated as critical wildlife areas by the Fish and' Wildlife Conservation (7) "Riparian mangrove fringe" means mangroves growing along the shoreline on private property, property owned by a governmenta entity, or sovereign submerged land, the depth of which does not exceed 50 feet as measured waterward from the trunk oft the most landward mangrove tree in a direction perpendicular to the shoreline to the trunk of the most waterward mangrove tree. Riparian mangrove fringe does noti include mangroves on uninhabited islands, or public lands that have been set aside for conservation or preservation, or mangroves on lands that have been set aside as mitigation, if the permit, enforcement instrument, or conservation easement establishing the mitigation area did not include provisions for the (8) "Trim" means to cut mangrove branches, twigs, limbs, and foliage, but does not mean 'Note. Sections 403.91-403.925 and 403.929 were repealed by S. 45, ch. 93-213, and S. 403.913, as amended by S. 46, ch. 93-213, was transferred to S. 403.939 and subsequently repealed by S. 18, ch. 95-145. The only section remaining within the cited range is S. 403.927.  Program;  (g) Lands acquired under the Save Our Coast program;  comprehensive plan;  trimming of mangroves; and Commission.  trimming of mangroves.  to remove, defoliate, or destroy the mangroves.  History. S. 5, ch. 95-299; S. 4, ch. 96-206; S. 215, ch. 99-245.  403.9326 Exemptions. remove mangrove foliage:  (1)The following activities are exempt from the permitting requirements of SS. 403.9321-403.9333 and any other provision of law if no herbicide or other chemical is used to  3    1996 Mangrove Trimming & Preservation Act  (a) Mangrove trimming in riparian mangrove fringe areas that meet the following 1. The riparian mangrove fringe must be located on lands owned or controlled by the person who will supervise or conduct the trimming activities or on sovereign submerged 2. The mangroves that are the subject of the trimming activity may not exceed 10 feet in pretrimmed height as measured from the substrate and may not be trimmed sO that the overall height of any mangrove is reduced to less than 6 feet as measured from the substrate. This exemption applies to property with a shoreline of 1501 feet or less. Owners of property with as shoreline of more than 150 feet may not trim, under an exemption, more than 65 percent of (b) Mangrove trimming supervised or conducted exclusively by a professional mangrove trimmer, as defined in S. 403.9325, in riparian mangrove fringe areas that meet the the professional mangrove trimmer or by the person contracting with the professional mangrove trimmer to perform the trimming activities, or on sovereign submerged lands feet in pretrimmed height and may not be trimmed sO that the overall height of any mangrove must be conducted in stages sO that no more than 25 percent of the foliage is removed time under the exemption provided by this paragraph must notify the department or delegated local government in writing at least 10 days before commencing the trimming activities. This exemption applies to property with a shoreline of 150 feet or less. Owners of property with as shoreline of more than 150 feet may not trim, under an exemption, more than 65 percent of (c) Mangrove trimming in riparian mangrove fringe areas which is designed to reestablish or maintain a previous mangrove configuration if the mangroves to be trimmed do not exceed 24 feet in pretrimmed height. The reestablishment of a previous mangrove configuration must not result in the destruction, defoliation, or removal of mangroves. Documentation of a previous mangrove configuration may be established by affidavit ofa person with personal knowledge of such configuration, through current or past permits from the state or local government, or by photographs of the mangrove configuration. Trimming activities conducted under the exemption provided by this paragraph shall be conducted by a professional mangrove trimmer when the mangroves that are the subject of the trimming activity have a pretrimmed height which exceeds 10 feet as measured from the substrate. A person trimming red mangroves for the first time under the exemption provided by this paragraph must notify the department or delegated local government in writing at least 10 (d) The maintenance trimming of mangroves that have been previously trimmed in accordance with an exemption or government authorization, including those mangroves that naturally recruited into the area and any mangrove growth that has expanded from the area subsequent to the authorization, ift the maintenance trimming does not exceed the height and configuration previously established. Historically established maintenance trimming is  criteria:  lands immediately waterward and perpendicular to the lands.  the mangroves along the shoreline.  following criteria:  1.1 The riparian mangrove fringe must be located on lands owned or controlled by 2. The mangroves that are the subject of the trimming activity may not exceed 24 3. The trimming of mangroves that are 16 feet or greater in pretrimmed height 4. A professional mangrove trimmer that is trimming red mangroves for the first  immediately waterward and perpendicular to such lands. is reduced to less than 6 feet as measured from the substrate.  annually.  the mangroves along the shoreline.  days before commencing the trimming activities.  4    1996 Mangrove Trimming & Preservation Act  grandfathered in all respects, notwithstanding any other provisions ofl law. Documentation of established mangrove configuration may be verified by affidavit of a person with personal knowledge of the configuration or by photographs of the mangrove configuration. (e) The trimming of mangrove trees by a state-licensed surveyor in the performance of her or his duties, ift the trimming is limited to a swath of 3 feet or less in width. (f) The trimming of mangrove trees by a duly constituted communications, water, sewerage, electrical, or other utility company, or by a federal, state, county, or municipal agency, or by an engineer or a surveyor and mapper working under a contract with such utility company or agency, when the trimming is done as a governmental function of the agency. (g) The trimming of mangrove trees by a duly constituted communications, water, sewerage, electrical, or other utility company in or adjacent to a public or private easement or right-of-way, if the trimming is limited to those areas where it is necessary for the maintenance of existing lines or facilities or for the construction of new lines or facilities in furtherance of providing utility service to its customers and if work is conducted SO as to avoid (h) The trimming of mangrove trees by a duly constituted communications, water, sewerage, or electrical utility company on the grounds of a water treatment plant, sewerage treatment plant, or electric power plant or substation in furtherance of providing utility service to its customers, if work is conducted SO as to avoid any unnecessary trimming of mangrove (2) Any rule, regulation, or other provision of law must be strictly construed sO as not to limit directly or indirectly the exemptions provided by this section for trimming in riparian mangrove fringe areas except as provided in S. 403.9329(7)(b). Any rule or policy of the department, or local government regulation, that directly ori indirectly serves as a limitation on the exemptions provided by this section for trimming in riparian mangrove fringe areas is invalid. (3) The designation of riparian mangrove fringe areas as aquatic preserves or Outstanding Florida Waters shall not affect the use of the exemptions provided by this section. History. S. 6, ch. 95-299; S. 5, ch. 96-206; S. 1012, ch. 97-103.  any unnecessary trimming of mangrove trees.  trees.  403.9327 General permits.  (1) The following general permits are created for the trimming of mangroves that do not (a) A general permit to trim mangroves for riparian property owners, if: 1. The trimming is conducted in an area where the department has not delegated 2. The trimming is supervised or conducted exclusively by a professional mangrove 3. The mangroves subject to trimming under the permit do not extend more than 4. No more than 65 percent of the mangroves along the shoreline which exceed 6 5. Nol herbicide or other chemical will be used for the purpose of removing leaves of (b)Ag general permit for the limited trimming of mangroves within existing navigational 1. The trimming is conducted in an area where the department has not delegated  qualify for an exemption provided by S. 403.9326: the authority to regulate mangroves to a local government;  trimmer;  500 feet waterward as measured from the trunk of the most landward mangrove tree in a feet inj pretrimmed height as measured from the substrate will be trimmed, and no mangrove will be trimmed SO that the overall height of any mangrove is reduced to less than 6 feet as  direction perpendicular to the shoreline; measured from the substrate; and  a mangrove.  channels, basins, or canals to provide clearance for navigation of watercraft, if:  the authority to regulate mangroves to a local government;  5    1996 Mangrove Trimming & Preservation Act  2. The trimming is supervised or conducted exclusively by a professional mangrove 3. The mangroves are located on lands owned or controlled by the professional 4. The trimming is limited to those portions of branches or trunks of mangroves 5. No herbicide or other chemical will be used for the purpose of removing leaves of (2) The department may establish additional general permits for mangrove trimming. (3) The general permits under this section are subject to the following conditions: (a) A general permit may be used only once on any parcel of property to achieve a (b) Trimming must be conducted in stages SO that no more than 25 percent of the (c) The height and configuration of mangroves trimmed under these general permits (4) Notice of intent to use a general permit must be made in writing to the department and must contain sufficient information to enable the department to determine the scope of the proposed trimming and whether the activity will comply with the conditions of this section. (5) The department shall grant or deny in writing each request for a general permit within 30 days after receipt, unless the applicant agrees to an extension. If the applicant does not agree to an extension and the department fails to act on the request within the 30-day period, the request is approved. The department's denial of a request for a general permit is subject to review under chapter 120. The department's action may not receive a presumption of (6)Trimming that does not qualify for an exemption under: S. 403.9326 or a general permit (7) If a local government receives delegation of the department's authority to regulate mangroves, the delegated local government shall issue permits for mangrove trimming in lieu of a general permit from the department, but the local government may not directly or indirectly limit the use of the exemptions in S. 403.9326. A delegated local government may impose stricter substantive standards than those of the department for the issuance ofa a permit authorized by this section; however, such regulations may not prohibit all mangrove  trimmer;  mangrove trimmer or by the person contracting with the professional mangrove trimmer to perform the trimming activities, or on sovereign submerged lands immediately waterward and which extend into the navigation channel beyond a vertical plane of the most waterward prop  perpendicular to such lands; root or root system; and a mangrove.  mangrove height of no less than 6 feet; foliage is removed annually; and may be maintained under S. 403.9326(1)(d).  validity in any administrative or judicial proceeding for review. under this section requires a permit as provided in S. 403.9328.  trimming.  History. S. 7, ch. 95-299; S. 6, ch. 96-206.  403.93271 Applicability to multifamily residential units. each owner's riparian view is similarly affected.  (1) When trimming under S. 403.9327(1)(a) occurs on property developed for multifamily residential use, the 65-percent shoreline trimming limit must be equitably distributed sO that (2)1 Ifit it is necessary to trim more than 65 percent of the mangroves along the shoreline in order to provide a water view from each unit, the department or delegated local government may authorize a greater percentage of trimming under S. 403.9327(1)(a). This subsection applies only to property on which multifamily residential units exist as of June 1, 1996. 403.9328 Alteration and trimming of mangroves; permit requirement.  History. S. 7, ch. 96-206.  6    1996 Mangrove Trimming & Preservation Act  (1)A person may not alter or trim, or cause to be altered or trimmed, any mangrove within the landward extent of wetlands and other surface waters, as defined in chapter 62-340.200(19), Florida Administrative Code, using the methodology in S. 373.4211 and chapter 62-340, Florida Administrative Code, when the trimming does not meet the criteria in $.403.9326 or S. 403.9327 except under a permit issued under this section by the department or a delegated local government or as otherwise provided by SS. 403.9321-403.9333. Any violation of SS. 403.9321-403.9333 is presumed to have occurred with the knowledge and consent of any owner, trustee, or other person who directly or indirectly has charge, control, or management, either exclusively or with others, of the property upon which the violation occurs. However, this presumption may be rebutted by competent, substantial evidence that (2)(a) The department, when deciding toi issue or deny a permit for mangrove alteration or trimming under this section, shall use the criteria in S. 373.414(1) and (8). Ifthe applicant is unable to meet these criteria, the department and the applicant shall first consider measures to reduce or eliminate the unpermittable impacts. If unpermittable impacts still remain, the applicant may propose, and the department shall consider, measures to mitigate the otherwise unpermittable impacts. A request for a permit to alter mangroves must be submitted in writing with sufficient specificity to enable the department to determine the scope and impacts (b) The department shall issue or deny a permit for mangrove alteration in accordance (3) The use of herbicides or other chemicals for the purposes of removing leaves from a (4) Ifa local government receives delegation of the department's authority to regulate mangroves, the delegated local government shall issue permits for mangrove trimming when the trimming does not meet the criteria in S. 403.9326 or for mangrove alteration in lieu of a departmental permit. A delegated local government may impose stricter substantive standards than those of the department for the issuance of a permit authorized by this section (5) A permit is not required under SS. 403.9321-403.9333 to trim or alter mangroves if the trimming or alteration is part of an activity that is exempt under S. 403.813 or is permitted under part IV of chapter 373. The procedures for permitting under part IV of chapter 373 will  the violation was not authorized by the owner, trustee, or other person.  of the proposed alteration activities. with chapter 120 and S. 403.0876. mangrove is strictly prohibited.  but may not prohibit all mangrove trimming.  control in those instances.  History. S. 8, ch. 95-299; S. 8, ch. 96-206; S. 38, ch. 97-98. 403.9329 Professional mangrove trimmers. professional mangrove trimmers: Environmental Professionals;  (1) For purposes of SS. 403.9321-403.9339, the following persons are considered (a) Certified arborists, certified by the International Society of Arboriculture; (b) Professional wetland scientists, certified by the Society of Wetland Scientists; (c) Certified environmental professionals, certified by the Academy of Board Certified (d) Certified ecologists certified by the Ecological Society of America; (e) Persons licensed under partl II of chapter 481. The Board ofl Landscape Architecture shall establish appropriate standards and continuing legal education requirements to assure the competence of licensees to conduct the activities authorized under SS. 403.9321-403.9339. Trimming by landscape architects as professional mangrove trimmers is not allowed until the establishment of standards by the board. The board shall also establish penalties for violating SS. 403.9321-403.933. Only those landscape architects who are certified in the state may qualify as professional mangrove trimmers under SS. 403.9321-403.9333, notwithstanding any reciprocity agreements that may exist between this state and other states;  7    1996 Mangrove Trimming & Preservation Act  (f) Persons who have conducted mangrove trimming as part of their business or employment and who are able to demonstrate to the department or a delegated local government, as provided in subsection (2) or subsection (3), a sufficient level of competence to assure that they are able to conduct mangrove trimming in a manner that will ensure the (g) Persons who have been qualified by a delegated local government through a (2) A person who seeks to assert professional mangrove trimmer status under paragraph (1)(f) to trim mangroves under the exemptions and general permits provided in SS. 403.9326 and 403.9327, in areas where al local government has not established a professional mangrove trimmer qualification program as provided in subsection (7), must request in writing professional mangrove trimmer status from the department. The department shall grant or deny any written request for professional mangrove trimmer status within 60 days after receipt of the request. If professional mangrove trimmer status has been granted by the department, no additional requests for professional mangrove trimmer status need be made to the department to trim mangroves under the exemptions provided in S. 403.9326. Persons applying for professional mangrove trimmer status must provide to the department a (a) That the applicant has successfully completed a minimum of 10 mangrove-trimming projects authorized by the department or a local government program. Each project must be separately identified by project name and permit number; (b) That a mangrove-trimming or alteration project of the applicant is not in violation of SS. 403.9321-403.9333 or any lawful rules adopted thereunder; and (c) That the applicant possesses the knowledge and ability to correctly identify (3) A person asserting professional mangrove trimmer status who wishes to use a general permit authorized under S. 403.9327 must complete and sign a notice of intent to use the general permit, along with the individual who owns or controls the property, and provide a copy oft the department's qualification of professional mangrove trimmer status as provided for ins subsection (2). A professional mangrove trimmer signing a notice of intent to use the general permit must conduct or supervise the trimming at the site specified in the notice. (4) The department may deny a request for professional mangrove trimmer status if the department finds that the information provided by the applicant is incorrect or incomplete, or ifthe applicant has demonstrated a past history of noncompliance with the provisions of SS. (5)Ap professional mangrove trimmer status granted by the department may be revoked by the department for any person who is responsible for any violations of SS. 403.9321-403.9333 (6) The department's decision to grant, deny, or revoke a professional mangrove trimmer (7)(a) A local government that receives delegation of the department's mangrove regulatory authority may establish criteria for qualification of persons as professional mangrove trimmers working within the jurisdiction of the local government. A delegated local government that establishes a program shall provide procedures and minimum qualifications and may develop training programs for those persons wishing to become qualified as professional mangrove trimmers. A delegated local government may establish criteria for disciplining persons qualified as professional mangrove trimmers working within its (b) A delegated local government may require that any person qualifying asa professional mangrove trimmer within the jurisdiction of the local government:  survival of the mangroves that are trimmed; and  mangrove-trimming qualification program as provided in subsection (7).  notarized sworn statement attesting:  mangrove species occurring in this state.  403.9321-403.9333 or any adopted mangrove rules.  or any adopted mangrove rules.  status is subject to review under chapter 120.  jurisdiction.  1. Be registered with the local government.  2. Pay an annual registration fee that may not exceed $500.  8    1996 Mangrove Trimming & Preservation Act  3. Provide prior written notice to the delegated local government before conducting the trimming activities authorized under the exemptions provided by S. 403.9326. 4. Be onsite when mangrove-trimming activities are performed.  (c) The department may require a person who qualifies as a professional mangrove trimmer and works in an area where a local government has not received delegation to provide written notice to the department 10 days before conducting trimming activities under the exemptions and general permits provided in SS. 403.9326 and 403.9327 and to be onsite when (d) Any person who qualifies as a professional mangrove trimmer under this subsection may conduct trimming activities within the jurisdiction of a delegated local government if the person registers and pays any appropriate fee required by a delegated local government. A delegated local government that wishes to discipline persons licensed under part II of chapter 481 for mangrove-trimming or alteration activities may file a complaint against the licensee as provided for by chapter 481 and may take appropriate local disciplinary action. Any local disciplinary action imposed against a licensee is subject to administrative and judicial review. (e) A locally registered mangrove trimmer may use the exemptions and general permits in SS. 403.9326 and 403.9327 only within the jurisdiction of delegated local governments in which the mangrove trimmer is registered. Nothing in SS. 403.9321-403.9333 shall prevent any person who qualifies as a professional mangrove trimmer under subsection (1) from using the exemptions and general permits in SS. 403.9326 and 403.9327 outside the (f)Any! local governmental regulation imposed on professional mangrove trimmers that has the effect of limiting directly or indirectly the availability of the exemptions provided by S.  mangrove trimming activities are performed.  jurisdiction of delegated local governments. History. S. 9, ch. 95-299; S. 9, ch. 96-206. 403.9331 Applicability; rules and policies.  403.9326 is invalid.  (1) The regulation of mangrove protection under SS. 403.9321-403.9333 is intended to be complete and effective without reference to or compliance with other statutory provisions. (2) Any rule or policy applicable to permits provided for by S. 403.9327 or S. 403.9328 which establishes a standard applicable to mangrove trimming or alteration is invalid unless a scientific basis for the rule or policy is established. Such rules or policies shall not receive a presumption of validity in any administrative or judicial proceeding for review. Any such rule or policy must be demonstrated to: substantially advance at fundamental purpose of the statute  cited as authority for the rule or policy or shall be invalid.  History.--s. 10, ch. 95-299.  403.9332 Mitigation and enforcement.  (1)(a) Any area in which 5 percent or more of the trimmed mangrove trees have been trimmed below 61 feeti in height, except as provided in S. 403.9326(1)(C), (d), (f), (g), and (h), destroyed, defoliated, or removed as a result of trimming conducted under S. 403.9326 or S. 403.9327 must be restored or mitigated. Restoration must be accomplished by replanting mangroves, in the same location and of the same species as each mangrove destroyed, defoliated, removed, or trimmed, to achieve within 5 years a canopy area equivalent to the area destroyed, removed, defoliated, or trimmed; or mitigation must be accomplished by replanting offsite, in areas suitable for mangrove growth, mangroves to achieve within 5 years ac canopy area equivalent to the area destroyed, removed, defoliated, or trimmed. Where all ora portion of the restoration or mitigation is not practicable, as determined by the department or delegated local government, the impacts resulting from the destruction, defoliation, removal, or trimming of the mangroves must be offset by donating a sufficient  9    1996 Mangrove Trimming & Preservation Act  amount of money to offset the impacts, which must be used for the restoration, enhancement, creation, or preservation of mangrove wetlands within a restoration, enhancement, creation, or preservation project approved by the department or delegated local government; or by purchasing credits from a mitigation bank created under S. 373.4135 at a mitigation ratio of 2-to-1 credits to affected area. The donation must be equivalent to the cost, as verified by the department or delegated local government, of creating mangrove wetlands at a 2-to-1, created versus affected ratio, based on canopy area. The donation may not be less than $4 per (b) In all cases, the applicant, permittee, landowner, and person performing the trimming are, jointly and severally liable for performing restoration under paragraph (a) andi for ensuring that the restoration successfully results in a variable mangrove community that can offset the impacts caused by the removal, destruction, or defoliation of mangroves. The applicant, landowner, and person performing the trimming are also jointly and severally (C)Ifmangroves: are to bet trimmed or altered under a permit issued under: S. 403.9328, the department or delegated local government may require mitigation. The department or delegated local government shall establish reasonable mitigation requirements that must include, as an option, the use of mitigation banks created under S. 373.4135, where appropriate. The department's mitigation requirements must ensure that payments received as mitigation are sufficient to offset impacts and are used for mangrove creation, preservation, (d). Any replanting for restoration and mitigation under this subsection must result in at least 80 percent survival of the planted mangroves 1 year after planting. If the survival requirement is not met, additional mangroves must be planted and maintained until 80 (2) The department or delegated local government shall enforce the provisions of SS. 403.9321-403.9333 in the same manner and to the same extent provided for in SS. 403.141 (3) For second and subsequent violations, the department or delegated local government, in addition to the provisions of SS. 403.141 and 403.161, shall impose additional monetary  square foot of created wetland area.  subject to penalties.  protection, or enhancement.  percent survival is achieved 1 year after the last mangrove planting.  and 403.161 for the first violation.  penalties for each mangrove illegally trimmed or altered as follows: (a) Up to $100 for each mangrove illegally trimmed; or (b) Up to $250 for each mangrove illegally altered.  (4) In addition to the penalty provisions provided in subsections (1)-(3), for second and all subsequent violations by a professional mangrove trimmer, the department or delegated local government shall impose a separate penalty upon the professional mangrove trimmer up to (5) This section does not limit or restrict a delegated local government from enforcing  $250 for each mangrove illegally trimmed or altered. History. S. 11, ch. 95-299; S. 10, ch. 96-206.  penalty, restoration, and mitigation provisions under its local authority.  403.9333 Variance relief. Upon application, the department or delegated local government may grant a variance from the provisions of SS. 403.9321-403.9333 if compliance therewith would impose a unique and unnecessary hardship on the owner or any other person in control oft the affected property. Relief may be granted upon demonstration that such hardship is not self-imposed and that the grant of the variance will be consistent with the general intent and purpose of SS. 403.9321-403.933. The department or delegated local government may grant  variances as it deems appropriate. Note. Former S. 403.938.  History. S. 55, ch. 84-338; S. 44, ch. 93-213; S. 12, ch. 95-299.  10    1996 Mangrove Trimming & Preservation Act  403.9334 Effect of ch. 96-206. Nothing in chapter 96-206, Laws of Florida, shall invalidate any permit or order related to mangrove activities which has been approved by the department or any other governmental entity, nor: shall it affect any application for permits related to mangrove activities deemed sufficient and substantially complete prior to July 1,  1996.  History. S. 11, ch. 96-206.  11        CITY OF. ANNA MARIA P.O. Box 779, 10005 Gulf Drive, Annal Maria, FL 34216 Phone (941) 708-6130 Fax (941)708-6134 NOVEMBER 9, 2020 AT2:001 P.M. PLANNING AND ZONING BOARD MEETING CITY HALL COMMISSION CHAMBERS  MINUTES  Pledge of Conduct: Wei may disagree, but we will be respectful of one another. We will direct all comments to the  issues. Wewill avoid personal attacks. CALLTOORDER Chair Erbella called the meeting to order at 2:02 PM PLEDGE' TOT THE FLAG ROLL CALL  Present: Chair Erbella, Board member Barbara Zdravecky, Board member Maureen Cote, Board member Margaret Staff Present: Administrative Assistant Liz Cleary, City Planner Chad Minor, Deputy Clerk Debbie Haynes  Jenkins, Board member Melissa Anderson Excused: Board member Bob Carter  REGULAR MEETING  General Public Comment regarding non-agenda items and items not scheduled for future agendas will be taken at the beginning of the meeting with a limitation of three minutes. The Commission's intent is that General Public comment is to be used for the public to inform the Commission of new issues within the City. Public Comment regarding  agenda items will be taken with each agenda item with al limitation of three minutes.  1. General Public Comment 2. Board Comments  CONSENT AGENDA: The following items are considered routine in nature and should be considered in a single motion. Items which warrant individual discussion should be removed from this list prior to the motion to adopt.  Such items will be discussed separately. 3. Approve Minutes: October 19, 2020 The motion passed unanimously.  Motion to approve the minutes ofOctober 19, 2020.  Motion to approve by Board member Cote and seconded by Board member Anderson.  NEW BUSINESS  4. Public Hearing - Ordinance #20-877 Parking regulations; prohibited parking. Haynes.ones/Minor, The above ordinance had its first reading in front oft the City Commission and the only changes made were grammatical in nature. City Planner Minor recommended approving it to go to the City Commission for final approval. Motion to approve made by Board member Zdravecky and seconded by Board member Cote. The motion passed  unanimously.by means ofai roll call.  OLD BUSINESS    5. Staff Member Discussion Items Lighting Standards Revisions (Minor) Board agreed with the proposals. Board Member Discussion Items Sea-Level Rise Pocket Parks Mangrove Protection  City Planner Meyer took the board's comments and focused on the issue of light trespass. He also added language for outdoor lighting. Iti is still pending review with the Mayor and Code Enforcement, but the P&Z  This is the next section on the City Planner's agenda to address.  Chair Erbella expressed concern about the issue of erosion and City Planner Minor will speak with the Mayor and Dean Board member Cote expressed concern about ai fish farm that has been approved off our coast between here and Sarasota. She contacted the Army Corp of Engineers and was told the best way to stop iti ist to request aj public hearing. She would like the backing oft the city commission and will attend the City Commission meeting this following Thursday 11/12/20to  Jones, Director of Public Works, about specific areas of concern in the city.  express her concerns. NEXTI MIEETING December 21st2020 @ 2:00pm Press Comment Adjournment  Adjournment at 2:32PM on motion made by Board member Cote and seconded by Board member Anderson.  The motion passed unanimously.  LeAnne Addy, City Clerk  Liz Cleary, Administrative Assistant  Minutes approved:  (FSS 286.26)! IN ACCORDANCE WITH THE AMERICANS WITHI DISABILITIES ACT AND FLORIDA STATE STATUTES, PERSONS WITH DISABILITIES NEEDING SPECIAL ASSISTANCE TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE CITY CLERK FOR ASSISTANCE AT LEAST THREE BUSINESS DAYS PRIOR TO THE MEETING (941) 708-6130. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, THEY WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS BE MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE  UPON WHICH THE APPEAL ISTOE BEE BASED.