9/17/1992 - Laserfiche WebLink

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SECTION 21: would amend the landscape chapter to require use of rain sensors in automatic irrigation systems. This is now required by state law, and is already in effect in the county. SECTION 22: would specify the minimum size requirements for "understory trees" Understory trees are included in the current buffer requirements; yet no written standards exist. The proposed standards correspond to the unwritten, policy standard that staff and developers have agreed upon in past development plans. SECTION 23: is directly related to Section 15. Both sections would require owners of single-family lots containing the habitat of federally threatened or endangered species to obtain a tree •removal and/or land clearing permit prior to tree removal or land clearing activities on the lot. Presently, county regulations exempt owners of single-family lots of less than an acre in size from obtaining a tree removal or land clearing permit. However, under current federal law and regulatory interpretation, it is illegal for these presently "exempted" property owners to destroy threatened or endangered species or their vital habitat. Furthermore, the county is liable under federal law and regulatory interpretation, if it permits development which destroys such species or habitat. Therefore, these changes are needed to implement federal law and fulfill the county's responsibility (and relieve its liability). As proposed, this amendment would allow county staff the opportunity to review habitat sites and ensure that the U.S. Fish and Wildlife Service has determined that the proposed clearing or tree removal would not violate the Endangered Species Act. Through the land clearing and/or tree removal permit process, county staff would coordinate with state and federal agencies to ensure that no agencies would object to proposals to develop single family lots in relation to the Endangered Species Act. Staff anticipates that owners whose lots serve as habitat for endangered or threatened species will need to preserve some trees or habitat area on their lots. However, lot development in most cases will be accommodated. It must be noted that this amendment will not require owners of all single family lots to conduct an environmental survey to determine if they are or are not exempt frgm permitting requirements. County staff, with the help and expertise of state and federal agencies, will determine which single-family lots in the county now contain habitat of federally threatened or endangered species. County staff intends to individually notify these property owners, before the owner applies for a building permit. Thus, only those lot owners (or their successors in title) who are contacted will be required to. obtain permits prior to tree removal or land clearing activity.. Staff agrees with the PSAC recommendation that the Board of County Commissioners should specifically direct staff to contact any and all property owners affected by this proposed amendment. Finally, ordinance Section 23 deletes the last sentence of section 927.06(2). The sentence should be deleted since the issue of dune vegetation maintenance is now addressed in another section of Chapter 927. SECTION 24: would requirements. The bring the county's current St. Johns regulations. SEP 17 ➢992 expand an exemption from certain stormwater proposal, made by the County Engineer, would stormwater permit exemption into line with the River Water Management District (SJRWMD) E