§ 706. Wetland Protection.

706.1.   Purpose and Intent.

A.

Purpose. It is the purpose of this Section to implement Goal 3.3 of the Manatee County Comprehensive Plan, which provides policies that:

1.

Prohibit wetlands impacts except in cases where no other practical alternative exists that will permit a reasonable use of land or where there is an overriding public benefit;

2.

Require delineation of all wetlands on any proposed development or redevelopment site;

3.

Require mitigation of all wetland impacts; and

4.

Require protection of preserved wetlands from development impacts through wetland buffers and other measures.

5.

The non-existence of wetland vegetation alone shall not exempt a project from complying with Wetland Protection Policies of the Comprehensive Plan and Land Development Code.

B.

Intent. The intent of this Section is to preserve and protect the wetland functions of water quality enhancement, climatic moderation and flood and erosion control; to protect the renewable resources of water, timber, energy and food; and to protect the beneficial uses of wetlands by humanity and animals. Specifically, this Section is intended to:

1.

Provide long-term wetland protection by directing growth away from sensitive areas through land use regulations;

2.

Provide additional protection to those wetlands not within the jurisdiction of other reviewing agencies that require mitigation for wetland impacts;

3.

Prevent the piecemeal or cumulative losses over time that may destroy remaining wetlands;

4.

Prevent damaging or destroying wetlands that would threaten the public safety and general welfare or cause nuisances by destroying flood storage areas, causing water pollution, disposing of storm water runoff at inappropriate sites, increasing erosion, or increasing runoff of sediment and storm water;

5.

Minimize the disruption of wetland functions by requiring a Wetland Impact Study for development activities proposed within wetlands and their wetland buffers;

6.

Consider the impact of development activities on wetlands functions through the County land development regulation process;

7.

Regulate development activities according to wetland significance, with the degree of protection afforded a wetland being in direct relationship to the significance of a wetland;

8.

Use performance standards as the basis for minimizing the impact of development activities on wetland functions;

9.

Provide for the use of wetlands for compatible activities that do not disrupt wetland functions; and

10.

Provide for flexibility through the availability of mitigation/restoration measures where more beneficial environmental results can be achieved.

706.2.   Wetland Identification and Verification.

A.

The landward extent of wetlands shall be determined in accordance with Chapter 62-340 of the Florida Administrative Code.

B.

All applicable State or Federal permits shall be obtained before commencement of the development. Projects that would not otherwise require an ERP shall provide an approved formal Jurisdictional Determination from the State prior to commencement of development, except for applications for individual single family homes, provided a wetland determination has been performed by a professional qualified for this purpose. Manatee County may suspend any development orders, issue stop work orders and otherwise take enforcement actions pursuant to Chapter 1, LDC, where the difference between an estimate of wetland areas and functions shown on preliminary plans and the approved ERP are determined to be significant enough to warrant substantial project.

706.3.   General Prohibition; Exemptions.

A.

Prohibition. No development, as defined in this Code, shall occur in a wetland or wetland buffer unless approved in accordance with this Section.

B.

Exemptions. The requirements of this Section shall not apply to the following activities, which the Board hereby finds to comply with the requirements of Objective 3.3.1 of the Comprehensive Plan by nature and purpose:

1.

Manual clearing of nuisance exotic plant species or noxious endemic vegetation such as poison ivy or cattails;

2.

Minor maintenance or minor emergency repair to existing structures or improved areas;

3.

Overhead utility crossings, provided that associated access roads shall be subject to the requirements of this Section;

4.

Maintenance, together with incidental dredge and fill activities in ditches, public roads and other rights-of-way, and other related drainage systems;

5.

Mosquito or aquatic weed control activities permitted by federal, state, regional or local agencies;

6.

Alterations of wetlands affected by phosphate mining activities, which shall be governed by Chapter 2-20 of the Manatee County Code of Ordinances;

7.

Those activities exempted by the Florida Department of Environmental Protection pursuant to the provisions of Chapter 62-312, Florida Administrative Code, to the extent that such activities are not prohibited by other provisions of this Code or policies of the Comprehensive Plan;

8.

Clearing and/or construction of walking trails in compliance with the specifications of this Section; and

9.

Construction of timber boardwalks/catwalks for direct access to waterbodies, wildlife management shelters, footbridges, observation decks and similar water-related structures not requiring dredging and/or filling for their placement in compliance with the specifications of this Section of this Code. All such structures shall be elevated on pilings to permit the unobstructed flow of water and movement of wildlife, to minimize shading of the area beneath the structure, and to preserve the natural contour of the wetland. Excavation and filling of irrigation or drainage ditches in uplands on non-hydric soils that are not treated as wetlands by the State.

706.4.   Application for Wetland Impacts.

A.

Wetland Impact Study. The applicant shall submit a Wetland Impact Study to the County for approval prior to commencement of any development activity within wetlands not expressly exempted in this Chapter. The request to develop within a wetland or wetland buffer shall be made in conjunction with, or as a component of, the related development approval for the entire site, such that it can be reviewed and approved by the approving authority (Department Director, Hearing Officer or Board) reviewing the proposed development.

B.

Information Required. The Wetland Impact Study shall include an impact avoidance and minimization analysis that demonstrates the necessity of the impact. Specific information required to be included in the Wetland Impact Study is detailed in the Administrative Procedures, but at minimum the Study shall include the following information:

1.

Onsite wetlands shall be evaluated based on size and wetland function and scored in accordance with UMAM including UMAM score sheets for each wetland within the project boundaries;

2.

A statement describing the necessity of the proposed impact;

3.

Examples of designs considered that would not require the impact or that demonstrate how the impacts have been minimized;

4.

A statement of how any proposed impacts satisfy the requirements of Section 706.5, including:

a.

A statement of how the impacted wetland meets the definition of Non-Viable Wetland set forth in this Code, pursuant to Section 706.5.A;

b.

A statement of how avoiding the impact would prevent a reasonable development of the land, including consideration of whether the wetland to be impacted is within the boundaries of a Development of Regional Impact (DRI) and a consideration of the uses permitted within the boundaries of the DRI as a whole, pursuant to Section 706.5.B; or

c.

A statement of how the impact is a result of an overriding public benefit. The applicant shall submit documentation to support the conclusion that the overriding public benefit would provide a direct public benefit in excess of the detriments suffered by the public resulting from the loss of the wetland functions and values, pursuant to Section 706.5.C;

5.

Proximity of the land to adjacent urban land uses; and

6.

Degree of disturbance or invasion by exotic plant species within the wetland.

706.5.   Criteria for Approval of Wetlands Impacts.

Development in a wetland or wetland buffer may be approved if and only if it meets the criteria set forth in this subsection, as determined by the Board, hearing officer or Director, as the case may be.

A.

Impacts to Non-Viable Wetlands. In accordance with Objective 3.3.1 of the Comprehensive Plan, an applicant seeking to impact a non-viable wetland, as defined in Chapter 2, which is completely contained within the project boundaries shall not be required to demonstrate avoidance and minimization. Impacts shall require authorization by the appropriate State and Federal regulatory authorities and wetland mitigation shall be provided in accordance with this Section.

B.

Impacts to Wetlands. No Practical Alternative. In order to receive approval for development in a wetland (other than a non-viable wetland exempted pursuant to subsection A, above) or wetland buffer thereto on the basis that no practical alternative exists, a Wetlands Impact Study shall demonstrate that:

1.

The applicant will be unable to make reasonable use of the property unless the proposed impact is approved; and

2.

The applicant could not have reasonably foreseen, through the exercise of due diligence, that the development potential of the property in question is limited as a result of the requirement to avoid impacts to wetlands or wetland buffers in accordance with this section. In making such determination, the reasonable use of the property in question shall be considered in light of:

a.

The history and surrounding area of the property;

b.

Any development orders applicable to the property, including but not limited to development orders for Developments of Regional Impact (DRI); and

c.

The development potential of the property if all wetland impacts were avoided. Reasonable use does not necessarily equate to the highest and best potential use under the Comprehensive Plan or this Code, nor does it equate to the highest density or intensity, as long as an applicant may achieve some reasonable level of development potential while avoiding wetlands impacts. Connections between uplands otherwise developable or developed for utilities and/or access, or impacts consistent with an alternative site analysis, shall be considered as a reasonable use of the property satisfying the no practical alternative test even though the need to impact the wetland may have been foreseeable.

C.

Impacts to Wetlands, Overriding Public Benefit. An applicant may receive approval for impact of a wetland or development in a wetland buffer thereto, on the basis that the applicant will provide an overriding public benefit if the Applicant in addition to providing the wetland mitigation required pursuant to this Section, demonstrates one or more of the following:

1.

The conditions of the development approval will provide for the donation of significant lands that are otherwise unencumbered that will result in a net environmental gain (or a commensurate monetary contribution earmarked for such purpose);

2.

The impact to the wetland is included as part of an Ecosystems Management Plan and the conditions of the development approval will provide for significant additional preservation, enhancement or restoration of native habitats that will result in a net environmental gain (or a commensurate monetary contribution earmarked for such purpose);

3.

If not impacted, the wetland will not survive as a functioning wetland, or will deteriorate to a Non-Viable Wetland, as a result of its proximity to development; and/or

4.

Any overriding public purpose of the project to provide significant local, state or federal public infrastructure.

706.6.   Mitigation for Altered Wetlands.

Mitigation shall be provided for all non-exempt wetland impacts as follows:

A.

UMAM Mitigation. For development in wetlands that the State has determined are subject to UMAM, the type and quantity of mitigation shall be as required by the ERP.

B.

Non UMAM Mitigation. In those instances where wetland mitigation is not required by the State, wetland mitigation shall be provided in accordance with subparagraphs (1) through (4) below. The type of wetland mitigation or combination thereof as described in subparagraphs (1) through (4) below shall be determined by the County based on site conditions and the ability of the mitigation to replace the wetland functions that were impacted. The order of preference considered by the County shall be as follows:

1.

Wetland Enhancement/Restoration: Five (5) acres of enhanced or restored wetlands shall be provided for every one (1) acre of wetland to be impacted.

2.

Upland Preservation: In the event there is an inability to provide viable wetland enhancement/restoration on the site, five (5) acres of native upland habitat shall be preserved for every one (1) acre of wetland to be impacted. Preserved uplands utilized for wetland mitigation shall have an ecological or hydrological relationship to existing or created wetlands and shall be in excess of any other requirements of the Comprehensive Plan and Land Development Code.

3.

Payment in Lieu of Mitigation: In lieu of the mitigation requirements in subparagraphs (a) and (b) above, the County may collect a mitigation fee or the developer may purchase credits from a County approved mitigation bank. The mitigation fee charged shall be based on the acreage of impact and shall be an amount sufficient to achieve full and complete compensation for the impact. The mitigation fee shall be established by Board resolution.

4.

Wetland Creation: Two (2) acres of herbaceous wetlands shall be created for every acre of herbaceous wetlands altered. Four (4) acres of forested or mangrove wetlands shall be created for every acre of forested or mangrove wetlands altered.

C.

Mitigation Plan Required. Where mitigation is accepted by the County pursuant to subsection B, above, the applicant shall prepare a mitigation plan as follows:

1.

At the General Development Plan Stage: The wetland mitigation plan shall contain general details on the options available to provide wetland mitigation in accordance with the Comprehensive Plan. Specific information required to be submitted at this stage is detailed in the Administrative Procedures.

2.

At the Preliminary Site Plan or Preliminary Subdivision Plat Stage: The wetland mitigation plan shall contain information that details the applicant's preliminary intent to provide wetland mitigation in accordance with the Comprehensive Plan. The plan shall demonstrate that the proposed overall site design will adequately accommodate the proposed wetland mitigation. Specific information required to be submitted at this stage is detailed in the Administrative Procedures.

3.

At the Final Site Plan and Construction Plan Stage: The wetland mitigation plan shall provide construction related details such as grading, planting, transect locations, monitoring, maintenance and seasonal high water elevations. Payments for fee in lieu of mitigation made pursuant to subsection 706.6.B.3 must be paid concurrent with FSP/Construction Plan approval. For projects providing mitigation in accordance with Sections 706.6.B.1 and 4, a detailed cost estimate shall be prepared by a registered professional engineer or landscape architect, and shall include all projected costs of the mitigation project such as design, earthwork, planting and maintenance costs over the prescribed monitoring period. Specific information required to be submitted at this stage is detailed in the Administrative Procedures.

D.

Certification Required. Upon completion of Wetland Mitigation, provided in accordance with Section 706.6.B, the environmental professional responsible for the project shall provide written, sealed or notarized certification to the Engineer of Record that wetland mitigation has been constructed in accordance with the approved Final Site Plan and/or Construction Plans. The Engineer of Record shall provide a copy of the environmental professional's certification with submittal of his/her certification. In instances where wetland mitigation is being provided in accordance with Section 706.6.A, Manatee County shall be copied on any notices or certifications for construction of the mitigation areas required to be submitted to the State.

E.

Success of Mitigation. Success of mitigation provided in accordance with Section 706.6.A shall be determined by the State. Mitigation provided in accordance with Section 706.6.B will be considered successful when the mitigation area provides an equal or greater habitat function when compared with the original (reference) wetland. Mitigation shall be deemed successful when the following parameters are met:

1.

The land area designated as re-created wetlands can maintain the design soil moisture regime (frequency and duration) as correlated to water year, rainfall event and antecedent conditions without the manipulation of available water quantities by humanity;

2.

All banks and slopes are stabilized with self-sustaining vegetation;

3.

No evidence of excessive erosion exists;

4.

Complete ground cover of vegetation has been established that is healthy and self-sustaining;

5.

Percent survival of planted forested wetland species is eighty-five (85) percent or greater and/or coverage by desirable herbaceous wetland species is eighty-five (85) percent or greater with no more than seven and one-half (7.5) percent coverage by nuisance, exotic plant species, for a period of at least two (2) years for herbaceous wetland communities, and for at least five (5) years for forested wetlands and mangrove communities. Replanting and maintenance of the mitigation area, including the periodic non-motorized removal of nuisance, exotic plant species, shall be required as necessary to ensure final cover;

6.

Water quality in the created wetland meets or exceeds State water quality standards;

7.

Habitat value in the created wetland approximates conditions in the reference wetland or conditions specified in the Wetland Impact Study, if different; and

8.

Hydroperiod in the created wetland is sufficient to support wetland vegetation and functions.

F.

Mitigation Monitoring. To evaluate the progress of wetland mitigation the developer shall submit Wetland Mitigation Monitoring Reports to the County. For those projects providing wetland mitigation in accordance with Section 706.6.A, the developer shall copy the County on all Wetland Mitigation Monitoring Reports required by the State. For those projects providing wetland mitigation in accordance with Section 706.6.B, the developer shall submit Wetland Mitigation Monitoring Reports as follows:

1.

Monitoring shall commence upon wetland mitigation certification, required by Section 706.6.D, being accepted by the County. Monitoring shall continue for a period of at least two (2) years for herbaceous wetland communities, and for at least five (5) years for forested wetlands and mangrove wetland communities or until success criteria have been met.

2.

Wetland mitigation monitoring shall be conducted by the developer on a semi-annual basis for the first two (2) years after being deemed complete, and annually thereafter. Reports shall be submitted annually within thirty (30) days of the completion date.

3.

Minimum information required for Wetland Mitigation Monitoring Reports is detailed in the Administrative Procedures.

G.

Mitigation Security. For mitigation accepted by the County pursuant to subsections 706.6.B.1 and 4, as a condition for approving wetland(s) alteration and accepting a Wetlands Mitigation Plan, the Board of County Commissioners shall require the posting of a security, bond, escrow or other means of guarantee to:

1.

Ensure that the applicant has carried out the approved mitigation project in accordance with the Wetlands Mitigation Plan, and that the project has met the success criteria specified in Section 706.6.E;

2.

Ensure that the applicant will correct any deleterious effects on wetlands or adjacent areas that may result from his/her noncompliance with the conditions of the approved Wetlands Mitigation Plan;

3.

Enable the County to take steps to restore the site in the event that the developer/applicant/landowner defaults on the conditions of the Wetlands Mitigation Plan; and

4.

Such mitigation security shall comply with Section 337.10 and shall comply with any additional requirements imposed pursuant to the Administrative Procedures. The amount of Security shall be equal to thirty (30) percent of the estimated or actual costs and expenses of wetland mitigation construction, planting, maintenance and monitoring the County may incur in making good on non-compliance or non-performance of any requirements of the Wetland Mitigation Plan. The mitigation security shall be extended to cover the required monitoring period, after wetland mitigation has been deemed complete by the County.

706.7.   Wetland Buffers.

Generally, a wetland buffer of at least fifty (50) feet shall be observed from the most landward extent of any post-development jurisdictional wetland contiguous with the Terra Ceia Aquatic Preserve, the Sarasota Bay Outstanding Florida Water, or the Little Manatee Outstanding Florida Water, and the inflowing watercourses within the Watershed Protection Overlay Districts. A wetland buffer of at least thirty (30) feet shall be observed from the most landward extent of all post-development wetlands that are not contiguous with the above-named water bodies or within the Watershed Protection Overlay Districts. The County may require increased wetland buffers adjacent to Outstanding Florida Waters, riverine systems or larger isolated wetlands, to enhance watershed protection, to maintain aesthetic view sheds, to preserve native upland habitat, to provide wildlife corridors, or to minimize adverse impacts to the ecological value of uplands for aquatic or wetland dependent listed animal species.

A.

Prohibited Activities. Prohibited activities in wetland buffers shall at a minimum include:

1.

Development, except as set forth in Section 706.7.B, below; and

2.

The removal or other disturbance of any earth, trees, shrubbery and other plants except as set forth in Section 706.7.B, below.

B.

Permitted Activities. Allowable activities in wetland buffers shall include:

1.

Limited clearing of vegetation in a wetland buffer may be permitted as part of a required stormwater management system outfall, where allowed under other Sections of this Code;

2.

Limited clearing of vegetation in a wetland buffer may be permitted in order to allow public or riparian access to the water, provided that:

a.

The path cuts through the wetland buffer to the water, so as to provide an access way generally perpendicular to the shoreline; and

b.

The access way shall not exceed ten (10) feet in width;

3.

The construction of elevated boardwalks, catwalks or docks in wetland buffers, provided that such structures are no more than four (4) feet in width (unless greater width is approved by the Department Director); and are elevated at least three (3) feet above land or water to prevent continuous shading of vegetation. Additionally, the construction of wildlife management shelters, footbridges, observation decks and similar water-related structures in wetland buffers, provided that all such structures must be elevated on pilings to permit the unobstructed flow of water and movement of wildlife, prevent continual shading of the area beneath the structure, and preserve the natural contour of the land. At grade trails shall be allowed in wetland buffers, provided that no impervious surfaces are constructed;

4.

The clearing of boat launch areas through wetland buffers, provided that such areas shall be no more than ten (10) feet in width, unless greater width is approved by the Department Director;

5.

The removal of nuisance or exotic plant species, such as Brazilian pepper, Australian pine, or melaleuca, or noxious endemic vegetation such as poison ivy or cattails from wetland buffer;

6.

The conduct of mosquito or aquatic weed control activities in wetland buffers, provided such activities are conducted pursuant to a program approved by the Department of Agriculture and Consumer Services in the case of insect control, and the Department of Environmental Protection in the case of aquatic weed or algae control;

7.

The placement of protective barriers to limit access to the wetland or its wetland buffers, if such structures are approved by the Department Director;

8.

Activities authorized by the Department Director, as provided in this Chapter;

9.

Activities associated with wetland impacts approved pursuant to subsection 706.5; and

10.

Activities authorized by the Department Director that are part of a wetland buffer maintenance plan designed to allow plantings within the wetland buffer and to provide for maintenance of the wetland buffer in a functionally viable manner. The wetland buffer management plan may be approved by the Department Director in conjunction with a Preliminary Development Plan, Preliminary Plat or Site Plan.

C.

Variable Width Buffers. Under limited circumstances, where site specific conditions and physical constraints do not allow the application of a uniform-width wetland buffer, a variable width wetland buffer may be approved. Site specific conditions and physical constraints which may be considered include situations where:

1.

Application of a uniform-width buffer would restrict vehicular access to an upland portion of the development site;

2.

Locations of driveways, rights-of-way or private streets are mandated by FDOT or County requirements, and re-alignments cannot be negotiated; or

3.

Minor encroachments into previously disturbed portions of a wetland buffer for short linear distances cannot be avoided.

In no event shall the proposed variable width buffer be narrower than DEP or SWFWMD standards for Environmental Resource Permitting.

The configuration of the variable width buffer shall be determined by detailed onsite investigation, and shall at a minimum equal the area that would otherwise have been encompassed by a uniform-width buffer configured parallel to the wetland. Wetland buffer encroachments authorized under this Section shall be compensated for on the same wetland or wetland system, and such compensation shall be of equal or better quality.

D.

Wetland Buffer Restoration. As additional protection for wetlands and their wetland buffers, and to increase the upland habitat function of the wetland buffer, nuisance exotic vegetation shall be removed and native plantings shall be installed.

1.

Removal of Nuisance Exotic Vegetation. A strip equivalent in width to the required wetland buffer shall be cleared of nuisance exotic species prior to final plat approval, or prior to Certificate of Occupancy issuance for projects not requiring final plat approval. Continued removal of nuisance, exotic plant species that become reestablished within wetland buffers shall be addressed in the Exotic Plant Species Removal Plan required pursuant to Section 701.4.E of this Code.

2.

Enhancement of Wetland Buffers. As additional protection for wetlands and replacement of upland habitat loss from historical land uses, wetland buffers shall be enhanced with desirable native plantings.

3.

Wetland Buffer Enhancement Plan. A Wetland Buffer Enhancement Plan shall be submitted with the Final Site Plan or Construction Drawings and shall be approved by the Department Director. Specific information required to be included in the Wetland Buffer Enhancement Plan is detailed in the Administrative Procedures. Wetland buffer enhancement shall be completed prior to final plat approval, or prior to Certificate of Occupancy issuance for projects not requiring final plat approval. Required plant materials which are removed or die shall be replaced within thirty (30) days.

4.

Certification Required. Prior to final plat approval or prior to Certificate of Occupancy issuance for projects not requiring final plat approval, the environmental professional responsible for the project shall provide written, sealed or notarized certification to the engineer of record that wetland buffer enhancement has been completed as approved in the Final Site Plan or Construction Plans. The engineer of record shall provide a copy of the environmental professional's certification with submittal of his/her certification.

E.

Wetland Buffer and Upland Preservation/Conservation Area Identification and Protection. All wetland buffer and/or upland preservation required as compensation and conservation areas shall be clearly staked or otherwise physically identified in the field prior to and during construction. Erosion and sediment control devices or other protective devices shall be installed landward of the edge of the wetland buffer, upland preservation and conservation areas prior to commencement of construction, and shall be inspected and maintained on a regular basis until construction has been completed.

706.8.   Easements.

Easements for developments that contain wetlands and wetland buffers shall be provided to the County in accordance with this subsection.

A.

Mitigation Areas. Easements over newly created, enhanced or restored wetlands and associated wetland buffers and upland preservation areas provided as compensation in accordance with this Section shall be granted to the County as follows:

1.

During construction of mitigation a temporary construction easement shall be granted to the County to allow the County access to wetland mitigation areas to complete the required mitigation should the developer default. The temporary construction easement shall be dedicated concurrent with Final Site Plan or Construction Plan approval; and

2.

Upon completion and acceptance of mitigation, a conservation easement shall be granted to the County pursuant to this Section over any newly created, enhanced or restored wetland(s), upland preservation areas and associated wetland buffers.

B.

Post Construction Conservation Easements. A Conservation Easement shall be granted to the County over all wetlands and associated wetland buffers, within the project limits (separately from and in addition to any conservation easement granted to a State or Federal agency in connection with development). Said easement shall be dedicated to and enforceable by Manatee County for the benefit of the County and the property owners of the project in which the wetland is located. The easement shall accomplish the following:

1.

Preserve and protect the conservation values of the property;

2.

Allow County access to the property at reasonable times in order to monitor compliance with, and otherwise enforce, the terms of the easement; provided that such entry shall be upon prior reasonable notice to the property owner and will not interfere with the owner's use and quiet enjoyment of the property; and

3.

Prevent any activity or use of the property that is inconsistent with the purpose of the easement and to require the restoration of such areas or features of the property that may be damaged by any inconsistent activity or use.

The Conservation Easement shall be subject to the approval of the Department Director, and coordinated with the County Attorney and Property Management Department. Conservation Easements shall be dedicated concurrent with Final Plat approval or Certificate of Occupancy issuance for projects not requiring Final Plat.

C.

Witness Monuments. Witness monuments shall be set where the boundaries of any conservation easement under this Section intersect with lot lines or property boundaries.

D.

Signage. The boundaries of all Conservation Easements required by this Code shall be physically identified with signage as approved by the Department Director. The location and number of signs shall be approved with the final site plan or construction drawing approval, and shall be based upon the configuration of the Conservation Easement. All required signage shall be installed prior to final plat approval or prior to Certificate of Occupancy issuance for projects not requiring final plat approval.

E.

Certification Required. Upon completion of witness monument and sign placement, and prior to final plat approval or prior to Certificate of Occupancy issuance for projects not requiring final plat approval, the Engineer of Record or Surveyor shall provide written, sealed or notarized certification to the County that witness monuments and signage have been installed as approved in the Final Site Plan or Construction Plans.

706.9.   Development Transfer Allowed for Wetlands and their Wetland Buffers.

A.

Transfer Allowed. The acreage within a wetland and wetland buffer may be used to determine the total allowable units or square footage of development that will be allowed on a site containing all or part of a zone, in conformity with the requirements of the Comprehensive Plan. The allowable development potential may be transferred to upland portions of the site outside the Wetlands and Wetland Buffer. Examples of Wetland and Wetland Buffer Density/Intensity Credit are provided in the Administrative Procedures.

B.

Limitation on Credit. The alteration or relocation of any jurisdictional wetland shall be minimized by limiting the density or intensity credit which may be transferred from any acreage of altered or relocated jurisdictional wetlands to fifty (50) percent of the maximum density or intensity associated with the Comprehensive Plan Land Use Classification on any such wetland. Any such reduction in density or intensity credit shall be in addition to any reduction caused by wetland acreage being in excess of twenty (20) percent gross project acreage.

706.10.   Enforcement.

Any person who dredges, fills, drains, or otherwise alters any wetland without appropriate permission from Manatee County, or in violation of the conditions of such approval shall be subject to the following penalties and remedies when found in violation, in addition to any fines that may be levied through the Land Development Code or other adopted regulations.

A.

They shall be required to restore the wetland(s) to its/their original (prealteration) condition, as determined by reference to historic photographs, notes from site visits, or other reference documentation, or to such other condition as prescribed by Manatee County.

B.

Where the owner has not restored the property to its original condition or to such other condition as prescribed by Manatee County, no permits for new construction or land clearing in preparation for construction shall be issued on the property where such violation occurred within five (5) years of the violation. This time frame may be reduced by the Board after considering whether the violation was an intentional violation of this Code, the extent to which restoration has occurred, and who caused the violation. The time frame restrictions shall be recorded in the County Clerk's property records (under property owner's name and legal description) to run with the land. Notice of this recording shall be sent certified mail return receipt request to the property owner.

The provisions of this Section shall also be enforced pursuant to Section 106, Enforcement, of this Code. Bonding requirements set forth in this Section shall not preclude the County from pursuing other means of enforcement.