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a. Australian pine ( Casuarina spp.); b. Ear -pod tree (Enterolobium cyclocarpum ); c. Chinaberry ( Melia azedarach ); d. Brazilian pepper ( Schinus terebinthifolius ); e. Melaleuca (Melaleuca quinquenervia ). 2. Areas determined to be wetlands or deepwater habitat; and Areas disturbed from previous development or land clearing activities within the past two (2) years, when such development or land clearing was performed in legal conformance with county requirements when they occurred. (5) The five -acre threshold for applying the upland native plant community conservation area requirement shall be based on the parcel size of the overall subject property, rather than the actual "area of development" (development phase). However; the amount of required set-aside shall be calculated and conserved on an "area of development" (phase -by - phase) basis, as applicable. (6) Once the area and location of upland native plant community to be conserved is determined, the applicant shall provide a boundary survey of the conservation area and shall record a conservation easement in a form prescribed by the county attorney's office. Such recorded conservation easement shall be required prior to the issuance of a land development order, site plan release, or building permit for the proposed development activity. 2. REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida that conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All special Acts of the legislature applying only to the unincorporated portion of the Indian River County that conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 3. CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplish such intentions. 4. SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. 5. EFFECTIVE DATE This ordinance shall take effect on , after filing with the Florida Secretary of State. - Page 3 of 4 - Underline depicts addition of text; 504ke thfwugh depicts deletion of text. C:WIM iuiiy Dok 1o}amcn C,icrsA OLAND'�I D1J 920 sc aside icti'.Naiive upi amend orzi firal.doc