§ 6.04.02. Sea Turtle Protection.

A.

Purpose and Intent.

1.

The purpose of this Section, recognizing the unique characteristics of the sea turtle, particularly its nesting cycle, is to prevent and reduce the hazards impacting sea turtles from uncontrolled development activity, beachfront lighting, beach access, beach-dune preservation, stabilization and restoration activities, mechanical beach cleaning, and other coastal activities.

2.

It is the intent of this Section to assist in implementing Federal and State laws regarding the protection of sea turtles, to implement the recommendations of the Hutchinson Island Resource Planning and Management Plan, the analysis entitled "Issues Confronting Sea Turtle Protection in St. Lucie County", and the St. Lucie County Comprehensive Plan, and to provide a management framework for sea turtle protection.

B.

Management Coordination. The Growth Management Director shall be responsible for establishing administrative policies germane to the effective and timely implementation of conditions set out in this Section.

1.

The Growth Management Director shall maintain a process whereby:

a.

A person submitting a site plan and/or building plan for coastal development within jurisdictional boundaries is made aware of all instructions, requirements, and guidelines contained herein by inclusion or reference.

b.

Check off procedures are established to ensure that coastal development within jurisdictional boundaries is not approved as part of a site plan and/or building plan prior to approval of a Sea Turtle Protection Plan (STPP), if required, and that no Certificate of Occupancy is issued prior to approval of the beachfront lighting for coastal development.

2.

Coordination with the Department of Environmental Protection (DEP): The Growth Management Director shall maintain, in consultation with DEP, a process whereby:

a.

A person submitting a Sea Turtle Protection Plan (STPP), or a permit application to DEP, is made aware of the potential approval and permitting requirements of each agency, respectively.

b.

A STPP submitted to the Growth Management Director is made available to DEP if requested.

c.

A STPP submitted to the Growth Management Director is reviewed in consultation with DNR if the proposed activity requires a DEP permit.

d.

Conditions imposed by the Growth Management Director for sea turtle protection are consistent with State guidelines, rules and regulations.

e.

The Growth Management Director receives a copy of all permits granted by DEP for coastal construction seaward of the Coastal Construction Control Line, established pursuant to F.S. § 161.053.

3.

Coordination with the Florida Department of Environmental Protection (DEP): The Growth Management Director shall maintain, in consultation with DEP, a process whereby upon adoption of this article the Growth Management Director receives a copy of all permits granted by DER for any coastal development within jurisdictional boundaries or below mean high water in the Atlantic Ocean.

4.

Coordination with the U.S. Army Corp of Engineers (COE): The Growth Management Director shall maintain, in consultation with COE, a process whereby upon adoption of this article the Director receives a copy of all permits granted by COE for any coastal development within jurisdictional boundaries or below mean high water in the Atlantic Ocean.

C.

Jurisdiction. As used in this Section, jurisdictional boundaries means the area between State Road A1A and the Atlantic Ocean, or between the coastal construction control line, established pursuant to F.S. § 161.053, and the Atlantic Ocean, whichever is greater.

D.

Prohibition of Activities Disruptive to Sea Turtles. The following prohibitions during the nesting season (March 1 through November 15) are established for the protection of sea turtles:

1.

Prohibition of Horseback Riding. Horseback riding shall be prohibited on or seaward of the primary dune during the nesting season, except when a special permit is issued by the Growth Management Director in accordance with regulations adopted by resolution of the Board.

2.

Prohibition of Campfires. Campfires shall be prohibited on or seaward of the primary dune during the nesting season.

3.

Extension of Prohibition Areas. Areas of prohibition for the miscellaneous activities described in this section are extended to all areas landward of the primary dune where sea turtles are known to nest.

E.

Sea Turtle Protection Plan (STPP) Requirement for Coastal Development within Jurisdictional Boundaries.

1.

A Sea Turtle Protection Plan (STPP) shall be required for:

a.

All coastal development within jurisdictional boundaries involving the installation of permanently mounted light fixtures.

b.

All coastal development conducted during the nesting season (March 1 through November 15) seaward of the primary due or at night within jurisdiction boundaries, including site development, beach-dune preservation, stabilization and restoration projects, and mechanical beach cleaning.

F.

Sea Turtle Protection Plan (STPP) Application Contents.

1.

Preparation and Submission of STPP. A STPP shall be submitted to the Growth Management Director concurrently with the submission of a building and/or site plan. The STPP shall include the following information, as applicable:

a.

General Information. A STPP required pursuant to Sections 6.04.02(E)(1)(a) and (b) shall include the following information, as applicable:

(1)

Identification of person(s) having a legal or equitable interest in the subject property.

(2)

Legal description of the subject property.

(3)

Name of the general contractor for the project.

(4)

Assurance that the applicant has written authority to act as agent for person(s) with legal or equitable interest in the subject property.

(5)

Description of the proposed development and intended land use.

(6)

Scaled map of the site with a north arrow.

b.

Light Information. A STPP required pursuant to Section 6.04.02(E)(1)(a) shall include the following information, as applicable, for all areas of the subject property within line of sight of the beach:

(1)

The location, number and positioning of proposed floodlights, spotlights and other fixtures discharging high intensity lighting from incandescent, fluorescent, mercury vapor or high pressure sodium lamps.

(2)

The intensity of the light source emanating from the fixtures identified in Section 6.04.02(F)(1)(b)(1).

(3)

The location, number, positioning, and type of all other artificial light sources including, but not limited to, those used on balconies, walkways, recreational areas, roadways, parking lots, dune crossovers, decks, boardwalks and signs.

(4)

Protective/mitigative measures to minimize lighting impacts on sea turtles, including measures to prevent direct illumination of areas seaward of the primary dune.

c.

Development Information. A STPP required pursuant to Section 6.04.02(E)(1)(b) shall include the following information, as applicable:

(1)

A schedule of proposed development periods.

(2)

The number of linear feet of shoreline seaward of the primary dune upon which development will occur.

(3)

The number and type of vehicles anticipated during development, the type of equipment and materials to be used seaward of the primary dune, and the location of beach access points to be used in moving equipment and materials to and from the development site.

(4)

The location, number, positioning, and type of temporary nighttime security lights.

(5)

The location, number, positioning, and type of nighttime construction lights and the extent of areas seaward of the primary dune to be illuminated.

(6)

Protective/mitigative measures to minimize development impacts on sea turtles.

G.

General Standards for Coastal Development within Jurisdictional Boundaries. The following standards shall apply to all coastal development specified in Section 6.04.02(E) and, as applicable, shall be incorporated in a Sea Turtle Protection Plan (STPP):

1.

Sea Turtle Protection Plan (STPP) Approval: Growth Management Director approval of a STPP is required prior to the issuance of a building permit or approval of a site plan. Approval of a STPP does not relieve person(s) from complying with all other applicable conditions set out in this Section or from mitigation against subsequent negative impacts to sea turtles, their nests or eggs resulting from the approved activity.

2.

Timing Considerations: Coastal development shall be limited to the maximum extent possible to the non-nesting season (November 16 through February 29). Coastal development occurring during any portion of the nesting season (March 1 through November 15) shall be conducted during daylight hours whenever possible.

3.

Coastal Development Seaward of Primary Dune During the Nesting Season: Appropriate protective/mitigation measures for sea turtles, developed pursuant to this Section, shall be implemented for all coastal development seaward of the primary dune during the nesting season.

4.

Restrictions on Nighttime Security Lighting: Temporary nighttime security lighting should be limited to the fewest number of lights necessary to provide adequate security. Those lights which are used shall not:

a.

Be mounted more than fifteen (15) feet above the ground.

b.

Illuminate areas outside of the subject property.

c.

Directly illuminate areas seaward of the primary due unless specific protective/mitigative measures for lighting impacts are developed pursuant to this Section.

5.

Nighttime Development During the Nesting Season: To avoid potential lighting impacts on nesting adults and emergent hatchlings, protective/mitigative measures for sea turtles which comply with Section 6.04.02(l) may be required for nighttime coastal development during the nesting season, in addition to those below.

6.

Protective/Mitigation Measures: Protective/mitigative measures shall include, but not be limited to, the following, as applicable:

a.

Preliminary Site Survey. A permitted agent of the State shall conduct a preliminary site survey and relocate all sea turtle nests to a safe habitat for coastal development seaward of the primary due during the nesting season.

b.

Exemption of Preliminary Site Survey. Development activity in progress as of March 1 of each year shall be exempt from a preliminary site survey but shall implement daily nesting surveys pursuant to Section 6.04.02(G)(6)(e).

c.

Delay of Development. If nests are known to be present during a preliminary site survey and cannot be located and removed to a safe habitat, development shall be delayed for sixty (60) days or until all potentially affected nests have hatched.

d.

Prevention of Development Delays. Person(s) anticipating development starts during the nesting season may obtain the services of a permitted agent of the State to relocate nests from development areas on a daily basis, beginning no later than March 1 of each year.

e.

Daily Nesting Surveys. A permitted agent of the State shall conduct daily nesting surveys of development areas seaward of the primary dune, and shall cage sea turtle nests or relocate the nests to a safe habitat, beginning with the preliminary site survey or the nesting season, as applicable, until one (1) of the following occurs:

(1)

Exclusion fences, if permitted by DEP, are erected pursuant to Section 6.04.02(G)(6)(f).

(2)

Development activities are completed.

(3)

The nesting season has ended.

f.

Use of Exclusion Fences. Any physical barrier used to prevent sea turtles from entering development areas may be used as an exclusion fence in lieu of daily nesting surveys if permitted by DEP. Exclusion fences shall:

(1)

Be constructed so they are non-injurious to adult sea turtles.

(2)

Form a continuous barrier against sea turtle intrusions.

(3)

Be monitored daily by DEP approved personnel.

(4)

Be repaired as necessary to prevent breaches.

g.

Breaches. Breaches through an exclusion fence which result in successful nesting shall be reported to the Growth Management Director and the nest(s) shall be relocated from the development area by a permitted agent of the State.

h.

Delimitation of Development Areas. Preliminary site surveys, daily nesting surveys and/or exclusion fences shall encompass all areas seaward of the primary dune upon which development activities occur and upon which equipment and materials are moved to and from the development areas.

i.

Record Maintenance. Daily records shall be maintained for all sea turtle monitoring conducted pursuant to this Section, and together with a summary of the monitoring results, shall be provided to the Growth Management Director by the person(s) identified in Section 6.04.02(F)(1)(a)(1) upon completion of development activities, or the end of the sea turtle nesting season, whichever comes first. Daily records shall include, as appropriate:

(1)

The date of the preliminary site survey.

(2)

The date(s) of the daily nesting survey.

(3)

The date(s) of exclusion fence monitoring.

(4)

The observed nesting activity within the development area.

(5)

The number of nests relocated.

(6)

The number of eggs per nest relocated.

(7)

The nest relocation area(s).

(8)

The hatch success if required.

(9)

The effectiveness of the exclusion fence(s).

(10)

The name(s) of the permitted agent of the State performing the monitoring program.

H.

Standards for Site Development. All site development activities within jurisdictional boundaries, approved by the County shall comply with the following standards, as applicable, and the standards shall be incorporated into a Sea Turtle Protection Plan (STPP):

1.

Location, Alignment, and Placement of Structures. The positioning of buildings, recreational facilities, walkways, beach access points, parking lots and other features of the site shall be predicated on minimizing operational impacts of these features on sea turtles.

2.

Ground-Level Barriers and Dune Enhancement. Natural or artificial structures rising above the ground should be used to the maximum extent possible to prevent lighting from directly illuminating the beach-dune system and to buffer noise and conceal human activity from the beach. Improving dune height in areas of low dune profile, planting natural vegetation, or using hedges and/or privacy fences is encouraged.

I.

Standards for New Beachfront Lighting. All lighting required for the coastal development activities specified in Section 6.04.02(E)(1)(a), installed after December 1, 1986, shall comply with the following standards, as applicable, and shall be incorporated into a Sea Turtle Protection Plan (STPP):

1.

General Prohibition: No artificial public or private light source shall directly illuminate areas seaward of the primary dune where it may deter adult female sea turtles from nesting or disorient hatchlings.

2.

Permanent Lighting: The installation of permanent lighting should reflect the standards and mitigative measures published in the current state-of-the-art manual pertaining to coastal lighting and sea turtle conservation.

3.

Reference Availability: The Growth Management Director shall have copies of the current state of the art manuals available for review. As design and/or performance standards are developed or upgraded and become available, the Growth Management Director may provide additional references.

4.

Controlled Use, Design and Positioning of High Intensity Lighting:

a.

The use of high intensity lighting for decorative and accent purposes, such as that emanating from spotlights or floodlights, is prohibited.

b.

The use of high intensity lights for safety and security purposes shall be limited to the minimum number required to achieve their functional role(s).

c.

Fixtures containing high intensity lights shall be designed and/or positioned such that they do not cause direct illumination of areas seaward of the primary dune and the source of light is not directly visible from the beach.

5.

Design and Positioning of Low Intensity Lighting:

a.

Wallmount fixtures, landscape lighting and other sources of low intensity lighting shall be designed and/or positioned such that light does not directly illuminate areas seaward of the primary dune.

b.

All low intensity lights on balconies shall be shielded from the beach.

c.

Low intensity lighting shall be used in parking lots within line of sight of the beach. Such lighting shall be:

(1)

Set on a base which raises the source of light no higher than forty-eight (48) inches off the ground.

(2)

Positioned and/or shielded such that the source of light is not visible from the beach.

6.

Installation of Tinted Glass or Window Tint: Tinted glass, as defined in Chapter II, or any window film applied to window glass which meets the shading criteria for tinted glass, shall be installed on all windows of single and multi-story structures within line of sight of the beach.

7.

Design of Vehicular Circulation Improvements and Parking Areas:

a.

Parking lots and roadways, including any paved or unpaved area upon which motorized vehicles will operate, should be designed and/or positioned such that vehicular headlights do not cast light toward the beach.

b.

Vehicular lighting shall be shielded from the beach through the use of hedges, dune vegetation and/or other ground-level barriers.

8.

Lighting for Pedestrian Traffic:

a.

Beach access points, dune crossovers, beach walkways, piers or any other structure on or seaward of the primary dune designed for pedestrian traffic shall use the minimum amount of light necessary to ensure safety.

b.

Pedestrian lighting shall be of low intensity and recessed or shielded so that the source of light is not directly visible from the beach.

9.

Beachfront Lighting Approval: Prior to the issuance of a Certificate of Occupancy, compliance with the beachfront lighting standards set out in the Sea Turtle Protection Plan (STPP) shall be approved as follows:

a.

Upon completion of the development activities, a registered Florida architect or professional engineer shall conduct a site inspection which includes a night survey with all the beachfront lighting turned on.

b.

The inspector shall prepare and report the inspection findings in writing to the Growth Management Director identifying:

(1)

The date and time of initial inspection.

(2)

The extent of compliance with this section.

(3)

All areas of potential and observed non-compliance with this section.

(4)

Any action(s) taken to remedy observed non-compliance, if applicable.

(5)

The date(s) and time(s) of remedial inspection(s), if applicable.

c.

The inspector shall sign and seal the inspection report which includes a certification that:

(1)

The beachfront lighting has been constructed in substantial accordance with the Sea Turtle Protection Plan (STPP).

(2)

The beachfront lighting does not illuminate areas seaward of the primary dune at the time of the night inspection.

(3)

The beachfront light sources are not directly visible from the beach at the time of the night inspection.

10.

Approval Not Exclusive: Determination of compliance with the beachfront lighting standards set out in the STPP shall not relieve person(s) from complying with all other applicable conditions set out in this Section or from mitigating against subsequent negative impacts to sea turtles, their nests or eggs resulting from the approved activity.

J.

Standards for Existing Beachfront Lighting. Existing beachfront lighting shall comply with the following conditions:

1.

Adjustment to Essential Lighting: Existing artificial light sources shall be repositioned, modified or replaced with modern alternatives so that the source of light is not directly visible from the beach and/or does not directly illuminate areas seaward of the primary dune. Techniques and/or materials used shall be consistent with the manual referenced in Section 6.04.02(l)(2) and other reference manuals identified by the Growth Management Director.

2.

Reduction of High Intensity Lighting: Either, or a combination, of the following alternatives shall be used to reduce high intensity lighting:

a.

High intensity lighting shall be eliminated.

b.

High intensity light shall be equipped with shades or shields so that light sources are not directly visible from the beach and do not directly illuminate areas seaward of the primary dune.

3.

Reduction of Indirect Lighting on the Beach: The installation of ground level barriers is encouraged to reduce the amount of indirect lighting striking the beach-dune system.

4.

Lighting For Pedestrian Traffic: Lights illuminating beach access points, due crossovers, beach walkways, piers or any other structure seaward of the primary dune designed for pedestrian traffic shall be shielded such that they are not directly visible from the beach.

5.

Use of Window Treatments: To prevent interior lights from illuminating the beach, window treatment shall be required on all windows of single and multi-story structures if those windows are within the line of sight of the beach. Blackout draperies or shadescreens are preferred. Alternatively, window tint may be applied to beachfront windows. The turning out of all unnecessary interior lights during the nesting season is encouraged.

6.

Enforcement and Implementation of Mitigation Measures: In areas where compliance with the lighting conditions of this Section are not evidenced, non-compliant property owners shall be required to implement appropriate protective measures, developed in consultation with the Growth Management Director, to mitigate against potential negative impacts to sea turtles. Mitigative measures shall be implemented in addition to applicable penalties and fines. Any mitigation program implemented as a result of non-compliance with lighting conditions of this Section shall remain in effect until such time that acceptable beachfront lighting is achieved.

K.

Special Lighting Restrictions During the Nesting Season. Throughout each nesting season (March 1 through November 15), exterior light sources directly visible from the beach or illuminating areas seaward of the primary dune shall be turned off after 11:00 P.M. each night. Effective March 1, 1992, throughout each nesting season, exterior light sources directly visible from the beach or illuminating areas seaward of the primary dune shall be turned off between sunset and sunrise each night.

L.

Standards for New Beach Access Points. All beach access points constructed after December 1, 1986 shall comply with the following standards, and the standards shall be incorporated into a Sea Turtle Protection Plan (STPP):

1.

Pedestrian Traffic: Pedestrian traffic shall be directed and limited to beach access points provided with dune crossovers.

2.

Information Sign Requirements: Permanent sea turtle information signs shall be conspicuously posted at all new public beach, commercial, and private multi-family access points provided with dune crossovers. The information signs shall be:

a.

Standardized by the Community Development Department.

b.

Provided at cost by the County.

c.

Installed and maintained by the property owner.

3.

Standardized Information Requirement: Information printed on the signs shall inform beach users:

a.

That sea turtles use the beach as a nesting habitat.

b.

Of potential penalties for the possession, molestation, disturbance, harassment or destruction of sea turtles, their nests or eggs.

c.

Of a contact address or phone number for public use in obtaining additional information.

4.

Sign Maintenance Requirements: Standardized sea turtle information signs shall be maintained in perpetuity such that information printed on the signs remains legible and the signs positioned such that they are conspicuous to persons accessing the beach.

5.

Sign Removal: Removal of the information signs by anyone other than those authorized by the Growth Management Director is prohibited.

M.

Standards for Existing Beach Access Points. Permanent sea turtle informational signs shall be conspicuously posted and maintained at all existing public, commercial, and private multi-family beach access points provided with dune crossovers in accordance with the standards set out in Section 6.04.02(L) by March 1, 1993.

N.

Standards for Mechanical Beach Cleaning. All mechanical beach cleaning activities approved by the State to remove debris from the beach, alter beach profiles, or disturb more than the upper two (2) inches of beach sediment through the use of motorized vehicles or other mechanical means, shall comply with the following standards, and the standards shall be incorporated into a Sea Turtle Protection Plan (STPP), as applicable:

1.

Compliance with County and State Beach-Dune Preservation Policies: Equipment, methodologies and points of access shall be consistent with long-term beach-dune preservation policies established by the County and State.

2.

Timing: Beach cleaning shall be confined to daylight hours and should be confined to the non-nesting season.

3.

Mode of Operations: During the nesting season (March 1 through November 15):

a.

Beach cleaning operations should be limited to the strand line (previous high tide mark) whenever possible.

b.

Light-weight motorized vehicles having wide, low- profile, low-pressure tires should be used to conduct beach cleaning operations instead of heavy equipment.

c.

Devices used for removing debris from the beach should be designed and/or operated such that they do not penetrate beach sediments by more than two (2) inches.

4.

Sea Turtle Protection Plan (STPP) Exemption: A STPP may not be required for mechanical beach cleaning activities if it is demonstrated to the Growth Management Director that the proposed operation(s) will have no adverse effects on the normal development and viability of eggs and hatchlings in sea turtle nests and habitats, pursuant to the following procedures:

a.

The Growth Management Director shall be notified in writing by the applicant that the protective/mitigative measures set out in Section 6.04.02(G)(6) shall not be required as part of the State permit.

b.

The Growth Management Director shall grant an exemption from the STPP upon consultation with the State and receipt of a copy of the State permit prior to commencement of the mechanical beach cleaning activities.

5.

Coordination of Beach Cleaning Operations With State-Sanctioned Scientific Studies: All beach cleaning operations shall be coordinated through the State to ensure that these operations do not interfere with state-sanctioned scientific studies of sea turtle nesting activities.