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Home My WebLink About2005-002ORDINANCE 2005-002 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING CHAPTER 927 OF THE LAND DEVELOPMENT REGULATIONS (LDRS) RELATING TO TREE PROTECTION; REVISING SECTION 927.06, EXEMPTIONS, TO EXEMPT FROM TREE PROTECTION REQUIREMENTS HOMESTEADED LOTS ONE ACRE OR LESS IN SIZE; EXPANDING THE EXEMPTION TO INCLUDE SINGLE-FAMILY LOTS 1/3 ACRE OR LESS IN SIZE WHERE PUBLIC WATER OR SEWER IS NOT AVAILABLE; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. BE IT ORDAINED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS THAT THE COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: 1. SECTION 927.06, EXEMPTIONS, OF CHAPTER 927, TREE PROTECTION AND LAND CLEARING, IS HEREBY AMENDED TO READ AS FOLLOWS: Section 927.06. Exemptions. Notwithstanding anything to the contrary in this chapter, the following activities shall be lawful without application for or issuance of a tree removal or land -clearing permit. None of these exemptions shall apply to any mangrove, dune vegetation, historic tree, or upland native plant community conservation area, unless otherwise stated below. In the event the exempted activity ever becomes subject to an enforcement proceeding, the burden of proving entitlement to the particular exemption shall lie with the person claiming use of the exemption. (1) The removal, trimming, pruning, or alteration of any non -protected tree, non -specimen tree, or other vegetation as necessary for: (a) The clearing of a path not to exceed four (4) feet in width to provide physical access or view necessary to conduct a survey or site examination for the preparation of subdivision plans site plans, or trees surveys. Under this permit exemption, no disturbance shall occur to protected trees or specimen trees, or to the cntical root zones of protected trees or specimen trees. (b) The clearing of a path not to exceed ten (10) feet in width to provide vehicular access necessary to conduct soil percolation and/or soil bore tests on a property, provided such clearing or removal is conducted under the direction of a Florida registered surveyor or engineer. Under this permit exemption, no disturbance shall occur to protected trees or specimen trees, or to the critical root zones of protected trees or specimen trees. (c) The removal, pruning, trimming or alteration of any tree not classified as protected or specimen, or vegetation for the purpose of maintaining existing access to a property. (2) Routine landscape maintenance such as trimming or pruning of protected trees, specimen trees, or other vegetation, mowing of yards or lawns, or undertaking any other landscaping or gardening activity which is commonly recognized as routine maintenance or replacement (3) The removal, trimming, pruning or alteration of protected trees, specimen trees, or other vegetation in an existing utility easement or right-of-way, provided such work is done by or under the control of the operating utility company and said company has received all necessary licenses or permits to provide utility service within the easement. -1- Underline depicts addition of text; strike through depicts deletion of text. 'C:eriin a it�Daeelopinent,I. )rYi i��tt .�(tC?,.-2t).,'` Ic; ().1 20C15-Cn�� re e�€_ nptuin.co ORDINANCE 2005-002 (4) Any activity conducted by a lawfully operating and bona fide commercial nursery tree farm, agricultural operation, silvicultural operation, ranch, or similar operation, when the activity occurs on the property owned or lawfully occupied by the person conducting said activity and is done in pursuit of said activity. This exemption shall include the purposeful removal of a tree or trees for their permanent relocation at another site undergoing development. When land -clearing or tree removal has been performed under this exemption based upon the use of the property for an agricultural or silvicultural operation, the following shall apply: (5) (a) No land development order shall be approved for any non-agricultural or non-silvicultural use or improvement on the same site within two (2) years of the completion of such land clearing or tree removal. (b) (c) Pertaining to silviculture, operations shall implement a State Division of Forestry approved management plan including a reforestation plan for harvested lands Pertaining to agriculture, operations shall implement a Soil and Water Conservation District approved conservation plan, including the use of Best Management Practices, as applicable to the specific area being cleared. The removal of any protected tree, specimen tree, or other tree which has been destroyed or damaged beyond saving, or which constitutes an immediate peril to life or property. (6) Tree removal, land clearing, or grubbing of any vegetation, including protected trees and specimen trees, but not including mangroves or dune vegetation, within ten (10) feet of a house. (7) Land -clearing or grubbing of vegetation, except for protected trees, specimen trees, mangroves, dune vegetation, or any native vegetation in a conservation easement, upon any detached single-family residential lot or parcel of land having an area of one (1.0) acre or less, provided this exemption shall not be construed to allow land -clearing; or grubbing without permit on any such lot or parcel by its subdivider unless the subdivider intends in good faith to forthwith begin construction of a dwelling unit or units upon said lot. Advertisement or listing for sale of the particular lot or parcel without the dwelling unit shall create a presumption that the subdivider does not intend to forthwith begin such construction and that the intent is for the lot or parcel to be developed by a subsequent purchaser. (8) Tree removal, except for mangroves, dune vegetation, or native trees in a conservation easement, upon: • any detached single-family residential lot or parcel of land having an area of 1/4 acre (10,890 square feet) or less; or • any homesteaded single-family lot or parcel one acre or less in size; or • any single-family lot 1/3 acre (14,520 square feet) or less in size where public water or public sewer is not available to serve the lot. provided This exemption shall not be construed to allow tree removal without permit on any such lot or parcel by its subdivider unless the subdivider intends in good faith to forthwith begin construction of a dwelling unit or units upon said lot. Advertisement or listing for sale of the particular lot or parcel without the dwelling unit shall create a presumption that the subdivider does not intend to forthwith begin such construction and that the intent is for the lot or parcel to be developed by a subsequent purchaser. -2- Underline depicts addition of text; st*ii' h depicts deletion of text. 1':AC: mununity Developmena Ise rs\R.OL NDAl )lzW Free Ord resist )nsy200:;-2005', I ice C)rd 20( 002 rst exemplion.tioe ORDINANCE 2005-002 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 March 14, 2005, after filing with the Florida Secretary of State. This ordinance was advertised in the Vero Beach Press -Journal on the 20th day of January 2005, for a public hearing to be held on the 1st day of February 2005, at which time it was moved for adoption by Commissioner Wheeler, seconded by Commissioner Neuberger, and adopted by the following 4 to 1 vote: Chairman Thomas S. Lowther Aye Vice Chairman Arthur R. Neuberger Aye Commissioner Wesley S. Davis Nay Commissioner Sandra L. Bowden Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the ordinance duly passed and adopted this 1st day of February 2005. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Attest: J.K. Barton, Clerk • Deputy Clerk By:!nJ.00 Art Neuberger,Vicer -3- Underline depicts addition of text; s Fi fe-#w"u'gh depicts deletion of text. rman f :\C;omm mitt' Development\tJiers\ROLA D'\.f.l.)R\927 "I ec Ord ie.isicvis'.?05\Tree Ord 20 -007 rsf exemption.doc ORDINANCE 2005-002 Filed with the Florida Department of State on the APPROVED AS TO LEGAL FORM William G. Collins II Deputy County Attorney day of 1' -eb APPROVED AS TO PLANNING MATTERS Robert M. {ea mg, AIC Community Development Director -4- Underline depicts addition of text; strike through depicts deletion of text. E':\t:rmmmunity Development`.Users\ROLANI: \LDR:92? Tree Ord ievisionv,200?-'_005\Free Ord 200-002 ref exemp0on.doc