8/24/2016 10:43:38 AM
9/30/2015 3:36:22 PM
Agenda Item Number
Land Development Regulation Amendment
State Filed Date
Native Habitat Upland Protection
Native Upland Plant Community Conservation Areas
Codified or Exempt
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r ORDINANCE 2006- 005 <br />LAND DEVELOPMENT REGULATIONS (LDRS) RELATING TO NATIVE UPLAND PLANK <br />COMMUNITY CONSERVATION AREAS; CLARIFYING THAT A FEE -IN -LIEU OF UPLAND SET- <br />ASIDE SHALL BE CONSIDERED ONLY AS A LAST ALTERNATIVE; REVISING THE FEE -IN - <br />LIEU OF SET-ASIDE CALCULATION FROM TAX -ASSESSED VALUE TO FAIR -MARKET <br />VALUE; REQUIRING THAT UPLAND SET -ASIDES BE COMMON- AREAS; AND PROVIDING <br />FOR REPEAL . OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND <br />EFFECTIVE DATE. <br />BE IT ORDAINED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS THAT <br />THE COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: <br />1. SECTION 929.05, UPLAND NATIVE PLANT COMMUNITY CONSERVATION AREAS, IS HEREBY <br />AMENDED TO READ AS FOLLOWS. <br />Section 929.05. Upland native plant community conservation areas. <br />(1) Development projects on property five (5) acres or larger, including single-family residential development, and <br />subdivisions, affidavits of exemption, site plans and planned development projects, but excluding agricultural operations <br />outside of the urban service area and individual single-family home site parcels, shall set-aside, through selective clearing <br />and micro -siting of buildings and construction activities, a minimum of fifteen (15) percent of the total cumulative <br />acreage of native plant communities which occur on-site (including but not limited to flatwoods, xeric scrub, and <br />coastal/tropical hammock). , <br />Such set-aside areas shall be preserved in viable condition with intact canopy, understory, <br />and ground cover, and shall be protected by the filing of conservation easements. The preserved set-aside area(s) shall be <br />allowed as credit toward other county land development regulations such as landscape, buffer, and open space <br />requirements. and~, ^ra Seth eke .~refneat <br />(2) Native upland ant community set-aside areas shall meet the following criteria: <br />Native <br />have horizontal dimensions <br />less than 50 feet. In cases where <br />a set-aside <br />is <br />(a) <br />upland <br />set <br />-asides <br />shall <br />no <br />be <br />contiguous with <br />another <br />conservation area the dimensions <br />of the other conservation area <br />may credited <br />towards <br />the <br />minimum <br />50 <br />-foot <br />horizontal <br />dimension <br />requirement. <br />(b) Native upland set -asides shall be conserved as common areas on separate tracts and shall be depicted as such <br />on approved plats and affidavit of exemption drawings. Conserved upland set-aside areas relatingto o site plan <br />(non -plat) projects must be depicted and labeled on the site plan but are not required to be platted. The <br />conservation tracts shall be posted with boundary signs no larger than one square -foot in size at intervals no <br />greater than 400 feet along the perimeter of the tract. The boundary signs shall identify the tract as a <br />conservation area. <br />(c) Conservation tracts bordering single-family residential lots shall be fenced along the tract boundary abutting <br />said lots. Said fencing shall be of a type and design (such as split -rail) to minimize impedance to wildlife <br />movement. <br />(d) The applicant shall provide a management plan for the set-aside area to ensure long-term viability of <br />preserved or created habitat as the case may be The management plan shall address nuisance invasive plant <br />- Page 1 of 4 - <br />Underline depicts addition of text; strike threugh depicts deletion of text. <br />C %r.,m rr_ily Dc.el )pmeut t„ers�RO LAND�l DR'AYA) sc.i asiac rev%N itire !rpi one a ord Lira .do <br />
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