§ 106.57. Permanent Protection.

Conservation management areas shall be permanently protected as follows:

A.

Dedication: All areas protected under this section shall be restricted from further subdivision, and protected in perpetuity using a legal instrument that runs with the land, in a form acceptable to the City and duly recorded in the public record which assures the preservation and continued maintenance of the conservation management area.

1.

The required legal instrument shall be a conservation easement in accordance with Fla. Stat. § 704.06, to be recorded in the public records of Monroe County, which shall restrict the use of the land in perpetuity to nondevelopment uses and be expressly enforceable by the City.

2.

Other forms of dedication may be considered by the City if comparable protection is demonstrated which assures the preservation and continued maintenance of the conservation management area.

3.

The City may issue development approval subject to the recording of the approved legal instrument. Issuance of construction and building permits shall be withheld until proof of recordation is provided to the City.

B.

Plat Notations: The boundaries of designated conservation management areas, including any required buffers, and the building area limitation as required by this article for lots located within the conservation management areas shall be clearly delineated on site plans, plats, and deed restrictions, and a legal description of the boundaries shall be included. A plat shall identify express prohibitions preceded by the following statement:

"The activities/acts/uses identified below are prohibited in designated "conservation management area(s)" unless part of an approved management plan without express written permission from the City of Marathon. Violation of any one (1) of these provisions without such written permission shall be considered a discrete violation of a Development Order issued by the City Council. Development Order terms are enforceable by the City of Marathon Code Compliance Board. Violations may result in monetary penalties and/or order to restore conservation area(s) to preexisting conditions at the expense of the owner(s). Failure to comply with Code Compliance Board orders may result in liens against the property.

Prohibited activities/acts/uses in "conservation management area(s)":

1.

Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground.

2.

Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials.

3.

Removal or destruction of native trees, shrubs, or other vegetation.

4.

Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface.

5.

Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition.

6.

Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation.

7.

Acts or uses detrimental to such retention of land or water areas.

8.

Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance."

C.

Field Markers: Permanent survey markers using iron or concrete monuments to delineate the boundary between conservation management areas and contiguous land shall be set, according to current survey standards. Markers shall be installed prior to issuance of the initial certificate of occupancy or other final approval, and shall be maintained by the owner in perpetuity.

D.

Signs:

1.

The perimeter of conservation management areas shall be permanently identified with uniform signs that identify the area as protected conservation area.

2.

When signage is required by another governmental agency and coincides with City requirements, the alternate signage shall satisfy this requirement.

E.

Identification on Habitat and Species Maps: Areas protected as conservation management areas shall be indicated as such on the Habitat and Species Maps of City of Marathon, and may be rezoned to a conservation zoning category with landowner approval at the City's expense.