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2004-041
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2004-041
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Last modified
3/28/2019 11:38:52 AM
Creation date
9/30/2015 3:42:15 PM
Metadata
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Ordinances
Ordinance Number
2004-041
Adopted Date
12/07/2004
Ordinance Type
Land Development Regulations
State Filed Date
12\27\2004
Entity Name
Revising Definitions Protected & Specimen Trees
Code Number
Chapter 901,912,926 & 927
Subject
Tree Protection and Landscaping Requirements
Codified or Exempt
Codified
Archived Roll/Disk#
2744
Supplemental fields
SmeadsoftID
767
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ORDINANCE 2004-041 <br />(6) Any person who commits a violation specified in paragraph (1)(d) above shall be subject to a fine of not <br />less than one hundred dollars ($100.00) and not greater than fifteen thousand dollars ($15,000.00) per separate offense. <br />The amount of the fine shall be calculated as follows [sections (a), (b), and (c)]: <br />(a) For low quality vegetation removal, a base fee of^+s rem fifty cents ($0.50) per square foot <br />of area illegally cleared land shall be charged. Low quality vegetation generally consists of plants such as dog <br />fennel, grape vine, goose -foot grass, or non-native vegetation such as Brazilian pepper. <br />(b) For high quality vegetation removal, a base fee of fifty eents (en cn� seventy-five cents ($0.75) per square <br />foot of area illegally cleared land shall be charged. High quality vegetation generally consists of native <br />vegetation such as palmettos, gallberry, or wax myrtle. <br />(c) In the event that the quality of vegetation removed cannot be determined, a base fee of thift seven and one <br />half eents ($0.375) sixty-two and one half cents ($0.625) per square foot of area illegally cleared land shall be <br />charged. <br />(d) In addition to the above penalties enal the area that was illegally cleared or on which protected trees or <br />specimen trees were illegally removed shall be revegetated under the following circumstances: <br />1. The property on which the illegal land clearing and/or tree removal occurred is five (5) acres or larger <br />and the area of illegal land clearing and/or tree removal was done within native uplands, as defined in <br />section 929.05; or <br />2. The area of the illegal land clearing and/or tree removal was within a conservation easement, a <br />conservation tract, the Jungle Trail Buffer, or other similar protected area. <br />Under circumstance (6)(d)1. above, the area of revegetation shall be that area that would have been <br />required to have been set aside as detailed in section 929.05. No fee -in -lieu of payment will be accepted. <br />Under circumstance (6)(d)2. above, the area of revegetation shall be that area where the illegal activity <br />occurred within the conservation; easement, the conservation tract, the Jungle Trail Buffer, or other <br />similar protected area. <br />The area shall be revegetated with plant material that is native to Florida, consistent with surrounding <br />plant material, and suitable for the area of revegetation. A revegetation plan must be submitted and <br />approved by environmental planning staff. This plan shall include: <br />•a plan view showing the areas of revegetation, to include location of different species; <br />•the type, size, and spacing of the plants to be used, canopy, subcanopy, ground cover in <br />proportion to that illegally cleared; <br />•a schedule for completion; and <br />•a maintenance plan, to include success criteria for a period of up to three (3) years after <br />revegetation. <br />The purpose of the revegetation plan is to establish a native plant community to replace the plant <br />Underline depicts addition of text; strike t4irougn depicts deletion of text. <br />I .ACn <br />onmi itV Davek>p1nen [,S(TS �)[.AND\I L)Rt 92? I`'uc Old re.isro'1 200" 'ti0" I�r�e C}rtl ?tJt):}_p I.doc <br />
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