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HomeMy WebLinkAbout2004-041MeT C'C - -11 0 /, - /r a J-' Pot n ORDINANCE 2004-041 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING CHAPTERS 901, 912, 926, AND 927 OF THE LAND DEVELOPMENT REGULATIONS (LDRS) RELATING TO TREE PROTECTION AND LANDSCAPING REQUIREMENTS; REVISING DEFINITIONS OF "PROTECTED" AND "SPECIMEN" TREES; STRENGTHENING SPECIMEN TREE PROTECTION REQUIREMENTS; REQUIRING A 2 TO 1 REPLACEMENT RATIO FOR THE REMOVAL OF HARDWOOD TREES 12 INCHES OR MORE IN DIAMETER; REQUIRING TREE REMOVAL PERMITS FOR SINGLE-FAMILY LOTS MORE THAN 1/4 ACRE IN SIZE; INCREASING PENALTIES AND FINES FOR ILLEGAL VEGETATION REMOVAL; REQUIRING TWO CANOPY TREES ON NEWLY DEVELOPED SINGLE-FAMILY LOTS, 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 901.03, DEFINITIONS IN ALPHABETICAL ORDER, OF CHAPTER 901, DEFINITIONS, IS HEREBY AMENDED TO READ AS FOLLOWS. Tree, protected any tree having a diameter -at -breast -height (dbh) of four (4) inches or more, but not including "specimen trees." less than *,..or+ . f (24) inehes. Cabbage palms (Sabal palmetto) with 10 feet or more of clear trunk, regardless of dbh, are protected trees. Protected trees This shall also include each tree, regardless of the dbh of the individual tree, within a significant grouping of trees of West Indian or tropical origin. The following trees, regardless of size or location and any other trees listed on the Florida Exotic Pest Plant Council's most current list of Invasive Species, shall not be considered to be protected trees: Casuarina spp. eunninghafni —Australian pine Enterolobium cyclocarpum — Earpod Melia azedarch — Chinaberry Schinus terebinthifolius — Brazilian pepper tree Melaleuca quinquenervia - Melaleuca, punk or paper tree Cupania anacardioides - Carrotwood Gabbai4e palms ia„b„' .'m etto` andCitrus trees of all varieties shall not be considered protected trees_ ,' it sue — tFees shall be ineluded in the tFee sufvey in the event the applieant 60hooses to make tise of said tfees as a er- Tree, specimen a tree that is in good health and sound structural condition and is a species with "wh -g s a diameter -at -breast -height (dbh) as follows: oftwert., f (24) inehes oeater e "'"`""^ hosArevef, the f ii,.:. ing .,,.moss Of SiZe OF i,,ea fi,,,,. Underline depicts addition of text; strike thFetfgh depicts deletion of text. E {;onu; nnity [)evclopincn+ t)scx 1Rt l..ANDd,DR9' I pec:Ord rc�isr���Y ?i�0 .-20i) "II -:c Orel _'qi��-ii _.doc ORDINANCE 2004-041 Large trees; >12" Bursera simaruba — gumbo limbo dbh Liquidambar styraciflua - sweetgum Nessa spp. — sourug m, tupelo Quercus virginiana — live oak Quercus hemisphaerica — laurel oak Quercus laurifolia — diamond leaf oak Quercus nigra — water oak Taxodium spp. — cypress Medium trees, Acer spp — maple >9" dbh Celtis laevigata — sugarberry Persea boronia — red bay Gordonia lasianthus — loblolly bay Magnolia virginiana — sweetbay Ilex spp. — holly Morus rubra — red mulberry Persea palustris — swamp bay Zanthoxylum clava-herculis — Hercules club Small trees, >5" Bumelia tenax — tough bumelia dbh Carlfloridana — scrub hickory Coccoloba uvi era - seagrape Eugenia spp. — stopper Forestiera segregata — Florida privet Myrcianthes fragrans var. simpsonii — Simpson stopper Quercus chapmanii — Chapman oak Quercus geminata — Sand live oak Quercus mLrtifolia — myrtle oak Zanthox lumfagara — wild lime Any hardwood tree not listed herein that has a dbh of 9 inches or greater and is in good health and sound structural condition is deemed a specimen tree; excluding however, the following_ trees regardless of size or location and any other trees listed on the Florida Exotic Pest Plant Council's most current list of Invasive Species: Casuarina spp. ewinifighafniana —Australian pine Casuarina lepidephifia tist+alia r Enterolobium cyclocarpum — Earpod Melia azedarch — Chinaberry Schinus terebinthifolius — Brazilian pepper tree Melaleuca quinquenervia - Melaleuca, punk or paper tree Cupania anacardioides - Carrotwood -2- Underline depicts addition of text; �t �'�* � e through depicts deletion of text. 17 Comm tnity [)evelopinen. [!5�.rs\RC}LAND11 DI927 I,ec (h -d tCviSw'j'0O0 Z0( I rz;e Om_t)O�-_t.i-+:.disc ORDINANCE 2004-041 2. CHAPTER 927, TREE PROTECTION AND LAND CLEARING, IS HEREBY AMENDED TO READ AS FOLLOWS. Chapter 927. Tree Protection and Land Clearing Sec. 927.01. Short title. Section 927.01. Short title. See. 927.02. Applicability, Sec. 927.03. Purpose and intent. Sec. 927.04. Definitions referenced. Sec. 927.05. General prohibitions. Sec. 927.06. Exemptions. Sec. 927.07. Permits issuance. available; criteria governing Sec. 927.08. Reserved. Sec. 927.09. Additional dune and shoreline vegetation protection. Sec. 927.10. Additional upland native vegetation protection. Sec. 927.11. Application procedure and fees. Sec. 927.12. Determination of critical root zone. Sec. 927.13. Local permit not exclusive. Sec. 927.14. Open burning/air curtain incinerator regulations referenced. Sec. 927.15. Variances and administrative appeals. Sec. 927.16. Tree protection as justification for variance relief from other land development regulations. Section 927.17 Penalties and enforcement. This chapter shall be known and may be cited as the "Indian River County Tree Protection and Land Clearing Ordinance." Section 927.01. Short title. This chapter shall be known and may be cited as the "Indian River County Tree Protection and Land Clearing Ordinance." This chapter shall be applicable to all land lying in the unincorporated area of Indian River County, Florida. This chapter shall not apply to the following species of mangroves: '� ; ^ T ~, +h a4mg, , :w ri :r^ „^, refflev ' ^r other Management Distr-iet and these aetions W I . efmits from one of these ageneies. Avicennia germinans - black mangrove Rhizophora mangle - red mangrove Laguncularia racemosa - white mangrove The trimming cutting removal and other similar actions affecting mangroves are regulated by the Florida Department of Environmental Protection and/or the St. Johns River Water Management District, and these actions. ma�require permits from one of these agencies, Underline depicts addition of text; s rife through depicts deletion of text. F\Corm wit.;Devckohmcnt tJsers�ROI.�1'�T)'�I R> 9?? I"ec Ord icvieioris.Ot): 2[,€)4%Ircc ();rd _'.)O4_0 {loc Section 927.02. Applicability. This chapter shall be applicable to all land lying in the unincorporated area of Indian River County, Florida. This chapter shall not apply to the following species of mangroves: '� ; ^ T ~, +h a4mg, , :w ri :r^ „^, refflev ' ^r other Management Distr-iet and these aetions W I . efmits from one of these ageneies. Avicennia germinans - black mangrove Rhizophora mangle - red mangrove Laguncularia racemosa - white mangrove The trimming cutting removal and other similar actions affecting mangroves are regulated by the Florida Department of Environmental Protection and/or the St. Johns River Water Management District, and these actions. ma�require permits from one of these agencies, Underline depicts addition of text; s rife through depicts deletion of text. F\Corm wit.;Devckohmcnt tJsers�ROI.�1'�T)'�I R> 9?? I"ec Ord icvieioris.Ot): 2[,€)4%Ircc ();rd _'.)O4_0 {loc ORDINANCE 2004-041 (1) Provide standards for the protection of trees and native vegetation as part of the land development process; and (2) Prevent large-scale land clearing without provision for the preservation of protected trees, specimen trees, coastal hammocks, and other native vegetation; and (3) Protect trees and native vegetation during construction to increase the trees' and vegetation's probability for their long-term health and survival; and (4) Provide for the replacement of tree canopy removed as a result of the construction process, whether the tree canopy replacement occurs on site or at another location. Section 927.04. Definitions referenced. The definitions of certain terms used in this chapter are set forth in Chapter 901, Definitions, of the Indian River Land Development Code. Notwithstanding the following definitions of "protected tree" and "specimen tree" (reiterated in Chapter 90 1) apply to this ordinance. Tree protected: any tree having a diameter -at -breast -height (dbh) of four (4) inches or more, but not including "specimen trees." . Cabbage palms (Sabal palmetto) with 10 feet or more of clear trunk regardless of dbh are protected trees. Protected trees shall also include each tree, regardless of the dbh of the individual tree within a significant grouping of trees of West Indian or tropical origin. The following trees, regardless of size or location and any other trees listed on the Florida Exotic Pest Plant Council's most current list of Invasive Species, shall not be considered to be protected trees: Casuarina spp. — Australian pine asuu a-lep Enterolobium cyclocarpum — Earpod Melia azedarch — Chinaberry -4- Underline depicts addition of text; ..tU;' ugh depicts deletion of text. k':�Conzmunity [)e�ei{apt ent CJ crs\R{)L �ti[�\I 13E .92% i sc(:Ord icF� �c,nt"Ott_-2�?;)�'.Ii x Ord 20 � t!4 .doc Section 927.03. Intent and purpose. The pur-pose of this ehaptef is to pr-evide for- the pr-eteetion and pr-esernvratien of tfees and 3vegetatien within Indian AjhPr- .,,.',IAble v�getation The intent of this Chapter is to preserve and protect trees and native vegetation in It is intent this unincorporated Indian River County during the land development and construction process also the of Chapter to ensure that the health of preserved trees and native vegetation will be maintained. Trees for their importance in: reducing noise and wind; and native vegetation are recognized shading; cooling; preventing soil erosion; producing oxygen; filtering dust; absorbing carbon dioxide; enhancing aesthetics; and increasing the economic value of real Trees also contribute to the well-being and quality of life in Indian River property. general County. To preservation achieve of trees the objectives to prevent listed the reduction above the County deems of the existing it necessary tree canopy, and to to provide prevent for the protection and the unnecessary removal of trees The this is to: and other native vegetation. purpose of ordinance (1) Provide standards for the protection of trees and native vegetation as part of the land development process; and (2) Prevent large-scale land clearing without provision for the preservation of protected trees, specimen trees, coastal hammocks, and other native vegetation; and (3) Protect trees and native vegetation during construction to increase the trees' and vegetation's probability for their long-term health and survival; and (4) Provide for the replacement of tree canopy removed as a result of the construction process, whether the tree canopy replacement occurs on site or at another location. Section 927.04. Definitions referenced. The definitions of certain terms used in this chapter are set forth in Chapter 901, Definitions, of the Indian River Land Development Code. Notwithstanding the following definitions of "protected tree" and "specimen tree" (reiterated in Chapter 90 1) apply to this ordinance. Tree protected: any tree having a diameter -at -breast -height (dbh) of four (4) inches or more, but not including "specimen trees." . Cabbage palms (Sabal palmetto) with 10 feet or more of clear trunk regardless of dbh are protected trees. Protected trees shall also include each tree, regardless of the dbh of the individual tree within a significant grouping of trees of West Indian or tropical origin. The following trees, regardless of size or location and any other trees listed on the Florida Exotic Pest Plant Council's most current list of Invasive Species, shall not be considered to be protected trees: Casuarina spp. — Australian pine asuu a-lep Enterolobium cyclocarpum — Earpod Melia azedarch — Chinaberry -4- Underline depicts addition of text; ..tU;' ugh depicts deletion of text. k':�Conzmunity [)e�ei{apt ent CJ crs\R{)L �ti[�\I 13E .92% i sc(:Ord icF� �c,nt"Ott_-2�?;)�'.Ii x Ord 20 � t!4 .doc ORDINANCE 2004-041 Schinus terebinthifolius — Brazilian pepper tree Melaleuca quinquenervia - Melaleuca, punk or paper tree Cupania anacardioides - Carrotwood Gabba)4e 3^lms «aba' igalme"e` and. Citrus trees of all varieties shall not be considered protected trees. Large trees, >12" Bursera simaruba — gumbo limbo dbh Liquidambar styraciflua - sweetgum Tree specimen a tree Nessa spp. — sour gum, tupelo that is in good health and sound structural Quercus hemisphaerica — laurel oak condition and is a species with a diameter -at - breast follows: Medium trees, >9" Acer spp — maple -height Celtis laeviQata — su arg berry (dbh) as Gordonia lasianthus — loblolly ba Magnolia virginiana — sweetbay Large trees, >12" Bursera simaruba — gumbo limbo dbh Liquidambar styraciflua - sweetgum Nessa spp. — sour gum, tupelo Quercus virjZiniana — live oak Quercus hemisphaerica — laurel oak Quercus laurifolia — diamond leaf oak Quercus nigra — water oak Taxodium spp. — cypress Medium trees, >9" Acer spp — maple dbh Celtis laeviQata — su arg berry Persea boronia — red bay Gordonia lasianthus — loblolly ba Magnolia virginiana — sweetbay Ilex spp. — holly Morus rubra — red mulberry Persea palustris —swamp bay Zanthoxylum clava-herculis — Hercules club Small trees, >5" Bumelia tenax — tough bumelia dbh, Caga floridana — scrub hickory Coccoloba uvifera - seagrape Eugenia spp. — stopper Forestiera sejzreQata — Florida privet Myrcianthes fraerans var. simpsonii — Simpson stopper Quercus chapmanii — Chapman oak Quercus Qeminata — Sand live oak Quercus myrti olia — myrtle oak Zanthoxylum fagara — wild lime Any hardwood tree not listed herein that has a dbh of 9 inches or greater and is in good health and sound structural condition is deemed a specimen tree; excluding however, the following trees regardless of size or location and any other trees listed on the Florida Exotic Pest Plant Council's most current list of Invasive Species: Casuarina gip. — Australian pine Gasu.aa lei3i eiA.i i nista l' r „ Underline depicts addition of text; c*Vi'h depicts deletion of text. FAC'onnnunity, Dcvc1opnen Users 01AMY.I I>R':9 1 Qe 0rd c,isions ?0 Wr}0 11 cc Ord3=iC;1 ti ;.dcc ORDINANCE 2004-041 Enterolobium cyclocarpum — Earpod Melia azedarch — Chinaberry 927.05. General Schinus terebinthifolius — Brazilian pepper tree Melaleuca quinquenervia - Melaleuca, punk or paper tree Cupania anacardioides - Carrotwood Unless expressly exempted herein, it shall be unlawful and subject to the penalties provided herein for any person directly or indirectly by another on his behalf to: (1) Remove, relocate, destroy or damage any protected tree or specimen tree (as defined in Chapter- °n" on any site or tract without first obtaining a tree removal permit pursuant to this chapter. (2) Perform any land -clearing or grubbing unless a land -clearing permit, if required, has been issued and is posted on-site pursuant to this chapter. (3) Perform tree removal, land -clearing, grubbing, grading, excavation, construction, or make or install any improvement upon any site or tract, regardless of the existence of valid permits or approvals for the given activity, unless each protected tree and each specimen tree to be preserved pursuant to this chapter has been marked by a highly visible band and unless all critical root zones established pursuant to this chapter have been surrounded by a protective barrier prior to the beginning of development activities. The protective barrier must remain in place throughout the duration of clearing and development activities. (4) Encroach onto critical 'root zones established pursuant to this chapter by any of the following acts or omissions: (a) Movement or storage of any vehicle within or across a critical root zone; (b) The storage of building materials, debris, fill, soil or any other matter within a critical root zone; (c) The cleaning of material or equipment within a critical root zone; (d) The disposal of any liquid or solid waste material, such as paints, oils, solvents, asphalt, concrete, mortar, or other similarly harmful materials, s;v,..ilaf'..h.,,-,. ful within a critical root zone; and (e) The placement of any structure or site improvement within a tree's critical root zone, with the exception of landscaping or related irrigation improvements, unless expressly determined by environmental planning staff that such structure or site improvement will not result in the death or damage to the subject tree. In making this determination, environmental planning staff shall consider, but is not limited to, the following information which shall be provided by the landowner or applicant: 1. The type of proposed impact. 2. The amount area of the CRZ to be affected. 3. The location of the impact area within the CRZ; and 4. The efforts or actions to be taken to reduce or eliminate impacts to the tree. -6- Underline depicts addition of text; strike depicts deletion. of text. FACommunit; C>evek>p�neit. [!y ,�s',Rt)I,1tiD 11AA37 "I roe Card revisions 20(} -�i)r, 11. Or ?pCly-(i' _.doc Section 927.05. General prohibitions. Unless expressly exempted herein, it shall be unlawful and subject to the penalties provided herein for any person directly or indirectly by another on his behalf to: (1) Remove, relocate, destroy or damage any protected tree or specimen tree (as defined in Chapter- °n" on any site or tract without first obtaining a tree removal permit pursuant to this chapter. (2) Perform any land -clearing or grubbing unless a land -clearing permit, if required, has been issued and is posted on-site pursuant to this chapter. (3) Perform tree removal, land -clearing, grubbing, grading, excavation, construction, or make or install any improvement upon any site or tract, regardless of the existence of valid permits or approvals for the given activity, unless each protected tree and each specimen tree to be preserved pursuant to this chapter has been marked by a highly visible band and unless all critical root zones established pursuant to this chapter have been surrounded by a protective barrier prior to the beginning of development activities. The protective barrier must remain in place throughout the duration of clearing and development activities. (4) Encroach onto critical 'root zones established pursuant to this chapter by any of the following acts or omissions: (a) Movement or storage of any vehicle within or across a critical root zone; (b) The storage of building materials, debris, fill, soil or any other matter within a critical root zone; (c) The cleaning of material or equipment within a critical root zone; (d) The disposal of any liquid or solid waste material, such as paints, oils, solvents, asphalt, concrete, mortar, or other similarly harmful materials, s;v,..ilaf'..h.,,-,. ful within a critical root zone; and (e) The placement of any structure or site improvement within a tree's critical root zone, with the exception of landscaping or related irrigation improvements, unless expressly determined by environmental planning staff that such structure or site improvement will not result in the death or damage to the subject tree. In making this determination, environmental planning staff shall consider, but is not limited to, the following information which shall be provided by the landowner or applicant: 1. The type of proposed impact. 2. The amount area of the CRZ to be affected. 3. The location of the impact area within the CRZ; and 4. The efforts or actions to be taken to reduce or eliminate impacts to the tree. -6- Underline depicts addition of text; strike depicts deletion. of text. FACommunit; C>evek>p�neit. [!y ,�s',Rt)I,1tiD 11AA37 "I roe Card revisions 20(} -�i)r, 11. Or ?pCly-(i' _.doc ORDINANCE 2004-041 As Itto a a * f. atior by ental planning -s The landowner or applicant may supply to environmental planning staff a written and signed statement from a certified arborist that states to the best of his/her knowledge arab '�es that the proposed structure or site improvement will not result in the death or damage to the subject tree. In such instances, environmental planning staff will consider the certified arborist statement, along with the required information to determine whether the proposed encroachment into the CRZ will be allowed. (5) Violate or fail to observe any of the requirements or provisions set forth in section 932.05 of Chapter 932, Coastal Management, pertaining to the protection of dune and shoreline vegetation. (6) Violate or fail to observe any of the requirements or provisions set forth in Chapter 929, Upland Habitat Protection, pertaining to the protection of native plant communities. apf./lllla Llvll 1v1 vl i33uankl %G vi a Ll VV 11J111vva1 v1 lallu-l+l�aluls F1�11111L. 1\Villi VX LILl0� �111YLIvLlo J11µ11 urYi.7 L. "XAJ mangrove, dune vegetation, specimen er historic tree, or upland native plant community conservation area, unless otherwise stated below. In the event the exemppted activity ever becomes subject to an enforcement proceeding, the burden of proving entitlement to the arry particular exemption shall lie with the person claiming use of the exemption, - tee evenn the exempted aefivit even-bceemessubjeet to an enfefeement pr -e (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 of 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 critical 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 vegetations ..-hie, aeon not result iii the even ,ual death of the plants, 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 any er 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 -7- Underline depicts addition of text; striKe gn depicts deletion of text. I ACommunity DeFdopmen' Uscrs,it(>1.AND 1 [)Ryv; 1 -cc -Ord �c�>>io�rs,>CIu., 20tr i��e C)�<:Alec Section 927.06. Exemptions. apf./lllla Llvll 1v1 vl i33uankl %G vi a Ll VV 11J111vva1 v1 lallu-l+l�aluls F1�11111L. 1\Villi VX LILl0� �111YLIvLlo J11µ11 urYi.7 L. "XAJ mangrove, dune vegetation, specimen er historic tree, or upland native plant community conservation area, unless otherwise stated below. In the event the exemppted activity ever becomes subject to an enforcement proceeding, the burden of proving entitlement to the arry particular exemption shall lie with the person claiming use of the exemption, - tee evenn the exempted aefivit even-bceemessubjeet to an enfefeement pr -e (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 of 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 critical 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 vegetations ..-hie, aeon not result iii the even ,ual death of the plants, 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 any er 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 -7- Underline depicts addition of text; striKe gn depicts deletion of text. I ACommunity DeFdopmen' Uscrs,it(>1.AND 1 [)Ryv; 1 -cc -Ord �c�>>io�rs,>CIu., 20tr i��e C)�<:Alec ORDINANCE 2004-041 of the operating utility company and said company has received all necessary licenses or permits to provide utility service within the easement. 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: (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) Pertaining to silviculture, operations aro er,.e agedto shall implement a State Division of Forestry approved management plan, including a reforestation plan for harvested lands. (c) Pertaining to agriculture, operations aro enee,, agedto 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_ r other- tfees, fRa be fe ffi Vee Wifl ^"+ pe Tree removal land clearing or grubbing of M vegetation, including protected trees and specimen trees, but not including mangroves or dune vegetation, within ten (10) feet of a house. T -Fee r-emeNral Land -clearing or grubbing of any vegetation, except for protected trees, specimen trees, mangroves, of 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, or- t fee fe , val without permit of 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. Tree removal except for mangroves or- 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, 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. -8- Underline depicts addition of text;t-Fike-t; ;-augh depicts deletion of text. k .'.Cor vanity Dccwh)pmcu. t;s rs\RC}I,1tiD`I C)Kt 9T 11ce Ord €tvisiolis200-2(lt)4vIIcc )rd _axe; -t)<+_ doc ORDINANCE 2004=041 Section 927.07. Permits available; criteria governing issuance. (1) [Generally.] The following permits shall be available upon proper application to the community development department and compliance with this chapter: tree removal permit; land -clearing permit; and dune vegetation maintenance permit. (2) Criteria governing issuance: (a) Tree removal permit. No tree removal permit shall be issued unless the reviewing environmental planner finds that at least one of the following criteria has been satisfied with respect to each protected tree and each specimen tree designated for removal under the permit. Notwithstanding, No historic tree (as defined in Chapter 901) shall be removed except as expressly approved by the board of county commissioners. 1. That the tree is located within an existing or proposed right-of-way, and the tree's location would unreasonably interfere with the physical construction of improvements within the right-of-way. 2. That the tree is located within an existing or proposed easement; or stormwater management tract, provided that only the fni i eeessafy for- the eentemplated sefviee or- tise shall be e.ensider-ed. „rao this e- *er ^r and the tree's location would unreasonably interfere with the physical construction of the improvements within the easement or stormwater tract. 3. That the tfee is leeated wher-e its eentinued existenee would unfeasenably interfere with the physieal the site by eenstT-uetiea equipment, or- with the opefation of the equipment on the site in the iffimediate. 3. That the tree is located where it creates or will create a safety or health hazard and there is no reasonable alternative to relocate or reconfigure the improvements. of a nuisan^o with resp, .t to e-xist;r^ IM feasible altemative; 4. That the tree is located where it interferes with the installation,deliver.. ^r maintenance of proposed or - existing utility services to the site. TL t t1 o t a;so so l o l air^or ^Ffailing-. 5. That the tree is located on a portion of the a site to be used for construction of required parking areas or vehicular and pedestrian ingress and egress areas, ; provided that, when this er- to.;^r ; ed to ; ,sti f imufn (4) ; ehes a;,..,,oto,. at breast height (dbh)_ -9- Underline depicts addition of text; strike depicts deletion of text. t .`,C:onun niitt, De-clopirer Usurstl2OL �' LY1 DK( 9' I pec ord rcvisj ms ORDINANCE 2004-041 7. That the tree is located on a portion of the site where structural development is proposed, provided all reasonable effort has been made to preserve protected trees and specimen trees to the extent feasible under this criterion. With respect to preservation efforts, "reasonable effort" shall include, but not be limited to: altering building design; relocating buildings parking areas, water retention areas, or drainage pipes; micro -siting buildings or improvements; or relocating utilities. The term "reasonable effort" shall not be construed as including the alternative of not implementing the project in some form, nor shall it be construed as requiring a project that is significantly different in type or function. A reasonable effort that is not technically capable of being done or is not economically viable, or which adversely affects public safety ugh the endangerment of lives or properly is not considered "practicable." A reasonable effort need not provide the highest and best use of a property to be "practicable." In determining whether a reasonable effort is practicable consideration shall also be given to the cost or result of the effort compared to the environmental benefit and/or aesthetic value the effort achieves. If, after all reasonable efforts have been made to save protected and specimen trees it is necessary to remove the trees, a permit to remove the tree(s) may be issued. (b) Land -clearing permit. No land -clearing permit shall be issued unless the environmental planner finds that each of the following criteria has been satisfied: That the land clearing or grubbing is necessary in order to make site improvements authorized by an approved site plan, subdivision approval, building permit, or land development permit, and that the area to be cleared is the minimum necessary for such work, or-, In the event the aforementioned approvals are not required by law for the intended use of the property, that the proposed clearing is shall be the minimum necessary for the proposed use or improvement. Land clearing or grubbing of a site associated with a proposed development plan (e.g., site plan or subdivision preliminary plat) shall not be allowed to occur prior to county approval of the applicable development plan, except as specifically exempt in section 927.06. 2. That the applicant has provided a reasonable, written plan to control erosion .e that may -be e*peted to occur as a result of the proposed clearing or grubbing. The plan shall incorporate some or all of the following means; as ,7eto,-.,-.ine by the .,..,..'ieap+: temporary seeding and mulching, sodding, diversion berms, interceptor ditches, sediment barriers, sediment basins, and related appurtenances or devices. All provisions of an erosion control plan shall be incorporated as expressed conditions of the issued land -clearing permit, issued and A violation of the conditions or provisions of the plan shall be considered a violation of this chapter and subject to all enforcement provisions. Environmental planning staff may request written elaboration of a proposed plan prior to issuance of a permit in order to clarify the nature and design of measures intended by the applicant. That the applicant has provided verification of St. John River Water Management District (SJRWMD) approval or exemption regarding the proposed land clearing or grubbing activity. 4. That the applicant has or is complying with all tree protection provisions contained elsewhere in this chapter. A land -clearing permit does not authorize the removal or destruction of protected trees or specimen trees. of i ister-ie tfees Notwithstanding anything in section 927.07 to the contrary, no tree removal or land -clearing permit shall be construed to authorize any act with respect to a mangrove. Underline depicts addition of text; s*��'�gh depicts deletion of text. 1 :,.C'or.mtn:ity D4vek)0ineu� USCT'S11 Oi.AND11 13R`9) lice Ord iced i«tts )(K) Of)-,;Iree 01-1 2004-0 1(Oc ORDINANCE 2004-041 (c) Dune vegetation maintenance permit. Permits to trim dune vegetation shall be available upon proper application in accordance with section 932.06(11) of Chapter 932, Coastal Management, which conditions shall govern use of the permit. No permits shall be issued for the removal of any native vegetation oceanward of the county dune stabilization setback line (DSSL), with the exception of permits associated with projects approved by the Florida Department of Environmental Protection (FDEP), and when or permits associated with a plans for dune revegetation and maintenance, as approved by county environmental planning staff and FDEP, as applicable. Section 927.08. Reserved. Editors Note: Ord. No. 2002-030, § 2, adopted Nov. 12, 2002, repealed § 927.08, which pertained to additional mangrove protection. See the Table of Amendments. Section 927.09. Additional dune and shoreline vegetation protection. In addition to the provisions of this chapter, dune and shoreline vegetation shall be protected from disturbance in accordance with the provisions of section 932.06, Chapter 932, Coastal Management, of the County Land Development Code. Section 927.10. Additional upland native vegetation protection. In addition to the requirements of this chapter, Chapter 929, Upland Habitat Protection, of the County Land Development Code provides standards and criteria relating to the protection of native plant communities. in additionto the provisions of this ehap No land clearing or tree removal activity permitted under this chapter shall be allowed to conflict with the p-^.,:s;on ^ Chapter 929 requirements, including: (1) Provisions pei4aiaing to Conserving 15 percent of upland native plant communities, eensefvatiea applicable to property five (5) acres or larger in size; (2) Provisions establishing ^ Establishing shoreline vegetation protection buffer zones along the St. Sebastian River and the Indian River Lagoon Aquatic Preserve; (3) P -ovis ens requiring the Removiag of nuisance exotic vegetation from development sites; and (4) Restricting the removal of upland native vegetation contributing to the stabilization of the banks of canals, ditches, or natural watercourse, provided such restrictions do not impede maintenance of such watercourses or drainage courses. Application for issuance of any permit required by this chapter shall be made in writing to the community development department on an application form provided by environmental planning staff. The following information shall be required as part of the application: The f f. shall ,.eq est all in f ,-mation neeessafy to (a) A statement as to the applicant's interest in the property, proof of ownership, and agent authorization from the property owner, as applicable. Mf! Underline depicts addition of text; s-tiAilEe threugl� depicts deletion of text. F:�t(-onlrnl inity Develt)pment LScirs ]201, ANC:)�J LDRE 9. )' Dce Ord r.viBIolic, 0) 2Of)I'1 Chd ?Ota -04 .doc Section 927.11. Application procedure and fees. Application for issuance of any permit required by this chapter shall be made in writing to the community development department on an application form provided by environmental planning staff. The following information shall be required as part of the application: The f f. shall ,.eq est all in f ,-mation neeessafy to (a) A statement as to the applicant's interest in the property, proof of ownership, and agent authorization from the property owner, as applicable. Mf! Underline depicts addition of text; s-tiAilEe threugl� depicts deletion of text. F:�t(-onlrnl inity Develt)pment LScirs ]201, ANC:)�J LDRE 9. )' Dce Ord r.viBIolic, 0) 2Of)I'1 Chd ?Ota -04 .doc ORDINANCE 2004-041 (b) A legal description of the property and a boundary survey or accurate scaled drawing thereof. (c) A tree survey indicating which protected trees and specimen trees are intended for removal, relocation or alteration in any way and those which will be left undisturbed. The tree survey shall be submitted to the environmental planner with the initial application for site plan or subdivision review, as the case ma's On sites which are larger than two (2.0) acres, protected trees and specimen trees may be depicted as a group or cluster rather than as individual trees, provided the group or cluster is one which is to be either- entirely om eve o~ left entirely undisturbed. A written explanation shall be included with the tree survey ,moo- hie that identifies those criteria in section 927.07 of this chapter which justify issuance of the requested permit. In addition, the environmental planner may require tree surveys in specific, target areas. In addition to the standard tree survey described above, a survey of species of special concern, threatened, or endangered species shall be required on -sites with characteristics conducive to support such species, as identified by county environmental planning staff, in accordance with section 929.09 of Chapter 929, Upland Habitat Protection. (d) A tree protection plan. The tree protection plan shall be required as part of the tree removal permit application; except that no tree protection plan shall be required for the removal of trees from an individual single-family lot. The tree protection plan shall be submitted as a separate plan and labeled "Tree Protection Plan." The tree protection plan shall: 1. Be desi ng ed to protect and preserve trees before, during, and for a period of three years after construction. The plan shall be submitted as a separate drawing overlaid on a current survey of the proposed site drawn to scale and clearly showingall ll required information as outlined by this section. 2. Show and label all protected trees and specimen trees that are to remain after construction, the critical root zones (as defined in 927.12) of those trees, the barriers that are to be installed prior to the beginning of development activities, and the methods of tree protection such as fencing, erosion control, aeration systems, etc. 3. Provide for mitigation of healthy protected and specimen hardwood trees greater than 12" dbh (other than cabbage palms) and cabbage palms with 10 feet or more of clear trunk that are proposed for removal. The applicable mitigation ratio shall be two inches dbh of replacement trees for every one -inch dbh of tree destroyed; the replacement trees must be of the same species as the trees removed and must be at least 4" caliper at time of planting_ a. When the property beingdeveloped is not appropriate for on-site mitigation, the applicant may relocate mitigation trees off site onto public lands in the County or to alternative publicly owned sites. No off-site mitigation shall be approved unless the applicant obtains written permission from the appropriate public entity to implement the necessary replanting plan. b. If the mitigation trees do not survive for a period of at least three years after initial planting or relocation, the applicant shall be required to replace the dead mitigation trees with trees -12- Underline depicts addition of text;9'�'�, „fe- gh depicts deletion of text. f '.t'omm irity Daveh}pinen.nt,SLrsiR{}I, Z D`l OK ��}??'S';ee 01-dic�i,te�7 : lit)_ 2' i—' free Ora 0(X {;a .doc ORDINANCE 2004-041 at least 4" caliper in an amount to meet the two inches dbh for every one -inch dbh ratio requirement of the initial tree protection plan. When relocating >12" dbh hardwood trees and/or replacing said trees at a 2:1 dbh ratio are determined by the environmental planner not to be viable alternatives, a fee -in -lieu of mitigation of $100 per inch dbh of the tree to be removed shall be assessed as a last alternative. This fee shall be payable to the county prior to the issuance of a tree removal permit Assessed fees under this provision shall be used by the county for native re - vegetation of restoration areas on public conservation lands; for relocating trees or for planting trees on public -controlled lands; for nuisance invasive plant eradication; or for other similar uses that enhance native tree and native vegetation protection and restoration in unincorporated Indian River County. (e) An erosion control plan as described in section 927.07(2)(b), together with reasons for clearing or grubbing of the site, if land clearing is intended. (f) An administrative fee to offset the cost of evaluating the application, said fee amount shall be determined by resolution of the board of county commissioners. The filing of an application shall be deemed to extend permission to the environmental planner to inspect the subject property if necessary for purposes of evaluating the application. The application shall be submitted and processed concurrently with a site plan or subdivision application as the case may be The site plan or subdivision preliminary, plat shall be prepared in a manner to allow ready comparison with the tree survey. All depictions shall be properly dimensioned scaled and referenced to property lines setbacks and yard areas. If known existing and proposed site elevations and major contours shall be included. (4) For those applications which are not being processed concurrently with site plan or subdivision approval, the community development department shall have ten (10) working days following receipt of a completed application within which to make a determination of whether a permit shall be issued as requested. If the permit is not issued, the environmental planner shall state in writing the reasons of denial and advise the applicant of any appeal remedies available. If no action has been taken on the application within stated time, the application shall be deemed toren approved, and the applicant shall be entitled to issuance of the permit in accordance with the application. For good cause, the environmental planner may request an extension of an additional ten (10) working days in which to make a determination, provided the extension is requested prior to expiration of the initial ten-day period. (5) Any permit issued hereunder shall remain valid for a term of one year and may be renewable for a second one year period upon request to the environmental planner, provided said request occurs prior to the expiration date of the initial permit. The environmental planner may require reapplication and full review in those renewal cases where site conditions have changed substantially from the date of issuance of the initial permit as a result of natural growth of trees -13- Underline depicts addition of text; strike depicts deletion of text. Comm wity Developmen� [Jytr:ROL AN L) I DR19v' ILee Ord i��i ii=�1s_.�)EJ:, Zk) 4% Irat C7rt1 ?� tt4-(!�i.�4oc ORDINANCE 2004-041 and vegetation, or high winds, hurricane, tornado, flooding, fire, or other act of God. If a permit required by this chapter has been issued concurrently with site plan or subdivision approval, then such permit shall run concurrently with the site plan or subdivision approval and shall be renewed together therewith. Section 927.12. Determination of critical root zone. The critical root zone (CRZ) is an area around a tree that is regulated by the Indian River County Land Development Regulations for the purpose of protecting the roots and trunk of a protected tree or a specimen tree, both during and after construction. It is a circular area using a radius measured from the center of the tree. The radius is calculated as one (1) foot of radius for each one (1) inch of diameter at breast height (4.5 feet above grade). For any fraction of a foot over a whole foot, the diameter at breast height will be rounded up to the next whole number. Example: a tree has a diameter at breast height of twenty-one and one-quarter (21 1/4) inches; the CRZ is a circle, centered on the center of the tree, with a radius of twenty-two (22) feet. In no event shall the CRZ be less than an area measured five (5) feet radially from the center of the tree at its base unless expressly determined by the environmental planner that a smaller, specified CRZ may be established. A tree well design shall be required as appropriate in cases when the placement of fill threatens the viability of a protected tree or specimen tree to be preserved. Section 927.13. Local permit not exclusive. It is the intent of this chapter that permits or approval required hereunder shall be in addition to and not in lieu of any federal, state, regional or other local approvals .e that may be required for the same or similar activities. In the event this chapter conflicts with any other regulations on this subject matter, the more restrictive shall apply, with the exception that in a municipality, the municipal ordinance shall prevail. Compliance with provisions of this chapter does not excuse any person for noncompliance with other applicable federal, state, regional or local laws. Section 927.14. Open burning/air curtain incinerator regulations referenced. The provisions of Chapter 925, Open Burning/Air Curtain Incinerator Regulations, shall apply regarding the burning of debris associated with land clearing and tree removal activities, as applicable. Section 927.15. Variances and administrative appeals. A variance from any of the substantive requirements of this chapter or an appeal of any administrative determination made by the environmental planner may be obtained in accordance with the procedures set forth for such relief under the land development regulations of Indian River County; however, the planning and zoning commission of Indian River County shall be the board to which all such variance requests or appeals are made. Section 927.16. Tree protection as justification for variance relief from other land development regulations. Inasmuch as the requirements of this chapter have been determined to be of vital importance to the health, safety and well-being of the community, the desire to preserve a protected tree or specimen tree, whether mandated by this chapter or not, shall be considered prima facie a unique or special condition or circumstance peculiar to the land involved for the purpose of application for a variance from the literal requirements of land development regulations pertaining to building setbacks, parking space requirements, or minor or residential street right-of-way widths, provided adjustments -14- Underline depicts addition of text; strike depicts deletion of text. 1 .A(C )nunanity C:lavek>pinen� [)yurs'•.l t)1.,1tiC>�I DR 927 "1les Ord �cci.itnr,'2t�U..� if)it �:[iee t)<<1 uUt�=+ �:}_ d 0 ORDINANCE 2004-041 are made elsewhere on the site to preserve the maximum permitted lot coverage and the total minimum number of parking spaces, and provided safety precautions are taken to offset any hazard resulting from decreased right-of-way widths. Section 927.17. Penalties and enforcement. (1) It shall be a violation of this chapter for any person: (a) To fail to obtain any permit required by this chapter, or to violate or fail to comply with the provisions of any permit issued under this chapter; (b) To, without a required permit, remove, destroy, or kill a protected tree(s); (c) To, without a required permit, remove, destroy, or kill a specimen tree(s); (d) To, without a required permit, perform any land clearing or grubbing; (e) To, with or without a permit, not properly dispose of tree removal or land clearing debris; (f) To not properly install and maintain tree protection barriers around each tree to be saved, or groups of trees, as described in section 927.05(3). (2) The violation described in section 927.17(1)(c) above shall be deemed to be irreparable and irreversible [see Chapter 162.09, Florida Statutes (F.S.)]. (3) Any person who commits a violation specified in paragraph (1)(a) above shall be subject to a fine of up to two hundred and fifty dollars ($250.00) for each day the violation continues to exist beyond a code enforcement board established date of compliance. This fine can be in addition to any other fine and/or penalty specified by the Code of Indian River County. (4) Any person who commits a violation specified in paragraph (1)(b) above shall be subject to a fine of one thousand dollars ($1,000.00). The removal, destruction, or killing of each protected tree under this chapter shall be considered a separate offense. (5) Any person who commits a violation specified in paragraph (1)(c) above shall be subject to a fine of up to fifteen thousand dollars ($15,000.00). The removal, destruction, or killing of each specimen tree under this chapter shall be considered a separate offense. In determining the fines provided for in this subsection, the code enforcement board shall consider: (a) The gravity of the violation; (b) Any actions taken by the violator to correct the violation; and (c) Any previous violations committed by the violator. =163M Underline depicts addition of text;'pi'�h depicts deletion of text. F:AConimunity Dc-eiopinentt,scrs�'I OL SND [1)W1927"Iice Ord rcRisic_ms.200:-.)N)4I'IScc Ori 2,004..041.doc ORDINANCE 2004-041 (6) Any person who commits a violation specified in paragraph (1)(d) above shall be subject to a fine of not less than one hundred dollars ($100.00) and not greater than fifteen thousand dollars ($15,000.00) per separate offense. The amount of the fine shall be calculated as follows [sections (a), (b), and (c)]: (a) For low quality vegetation removal, a base fee of^+s rem fifty cents ($0.50) per square foot of area illegally cleared land shall be charged. Low quality vegetation generally consists of plants such as dog fennel, grape vine, goose -foot grass, or non-native vegetation such as Brazilian pepper. (b) For high quality vegetation removal, a base fee of fifty eents (en cn� seventy-five cents ($0.75) per square foot of area illegally cleared land shall be charged. High quality vegetation generally consists of native vegetation such as palmettos, gallberry, or wax myrtle. (c) In the event that the quality of vegetation removed cannot be determined, a base fee of thift seven and one half eents ($0.375) sixty-two and one half cents ($0.625) per square foot of area illegally cleared land shall be charged. (d) In addition to the above penalties enal the area that was illegally cleared or on which protected trees or specimen trees were illegally removed shall be revegetated under the following circumstances: 1. The property on which the illegal land clearing and/or tree removal occurred is five (5) acres or larger and the area of illegal land clearing and/or tree removal was done within native uplands, as defined in section 929.05; or 2. The area of the illegal land clearing and/or tree removal was within a conservation easement, a conservation tract, the Jungle Trail Buffer, or other similar protected area. Under circumstance (6)(d)1. above, the area of revegetation shall be that area that would have been required to have been set aside as detailed in section 929.05. No fee -in -lieu of payment will be accepted. Under circumstance (6)(d)2. above, the area of revegetation shall be that area where the illegal activity occurred within the conservation; easement, the conservation tract, the Jungle Trail Buffer, or other similar protected area. The area shall be revegetated with plant material that is native to Florida, consistent with surrounding plant material, and suitable for the area of revegetation. A revegetation plan must be submitted and approved by environmental planning staff. This plan shall include: •a plan view showing the areas of revegetation, to include location of different species; •the type, size, and spacing of the plants to be used, canopy, subcanopy, ground cover in proportion to that illegally cleared; •a schedule for completion; and •a maintenance plan, to include success criteria for a period of up to three (3) years after revegetation. The purpose of the revegetation plan is to establish a native plant community to replace the plant Underline depicts addition of text; strike t4irougn depicts deletion of text. I .ACn 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 ORDINANCE 2004-041 community destroyed by the illegal activity. For the lost of mature native plant communities, only the largest plants that can reasonably be expected to survive (and can be procured) will be authorized for revegetation. (7) Any person who commits a violation specified in paragraph (1)(e) above shall be subject to a fine of two hundred and fifty dollars ($250.00) per day starting on the 61st day after commencement of the tree removal or land clearing. If the date of the commencement of activities cannot be determined, the fine shall start ten (10) days after the landowner and/or agent for the landowner is notified in writing that the debris must be removed. If an extension has been granted, the fine shall commence on the day after the end of the extension. (8) Any person who commits a violation specified in paragraph (1)(f) above shall be subject to a fine of two hundred and fifty dollars ($250.00) per day for each saved tree that does not have properly installed and maintained protective barriers installed. The fine shall commence on the date that any development activity begins on the property associated with the project and the protective barriers are either improperly installed or not installed at all. In the event that the date the development activity cannot be established, the fine shall commence on the date that Indian River County staff has verified that development activity has begun and that the protective barriers are either improperly installed or not installed at all. (9) Permits required by this chapter may be obtained after -the -fact by owners of individual single-family lots or parcels for find e e,fing ara protected or specimen tree removal activities on individual single-family lots or parcels, upon determination by the environmental planner that such activities were performed in accordance with permit issuance criteria specified in section 927.07. The issuance of an after -the -fact permit abates the penalties described in this section for those actions or activities authorized by the after -the -fact permit. The fee for an after -the -fact permit shall be three (3) times the amount of the normal administrative fee as provided for in section 927.11(1)(f). After -the fact permits shall not be issued for unpermitted land clearing or tree removal activities associated with non -individual single-family lot or parcel land clearing. (10) With respect to any violation of this chapter, the owner of the property on which the violation occurred is presumed to have undertaken, caused to be taken, or authorized the illegal activity. The owner may present evidence proving that the presumption is incorrect in their case. (11) A violation of any provision of this chapter shall be punishable upon conviction by a fine not toa less than five hundred dollars ($500.00), or by imprisonment in the county jail up to sixty (60) days, or both such fine and imprisonment: One or all of the penalties listed above shall apply to property owners and contractors found in violation of this chapter. The destruction or alteration of each tree or plant under this chapter shall be considered a separate offense. The destruction of an historic or a specimen tree or any dune vegetation, contrary to this chapter shall receive the maximum penalty provided by law. (12) The county or any aggrieved party having a substantial interest in the protection provided by this chapter may apply directly to a court of competent jurisdiction for mandatory or prohibitive injunctive relief. In any enforcement proceeding, the adjudicating body may consider mitigating measures voluntarily undertaken by the alleged violator such as replacement or relocation of trees or vegetation, or other landscaping improvements, in fashioning its remedy. Such body may also require such restorative measures. -17- Underline depicts addition of text; strike through depicts deletion of text. F':AConnmirity C:>evelopmeuI!a<-s\I2{)LAv[)4DR 92? I: 11 {)rd ,ui.mn;; 2(,X)_ 2i)plJ"g-cc Ord 2U0- 041, inc ORDINANCE 2004-041 3. CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS, IS HEREBY AMENDED BY REVISING SECTION 926.03, APPLICABILITY, AND BY ADDING SECTION 926.15, SINGLE-FAMILY LOT DEVELOPMENT CANOPY TREE REQUIREMENTS, AS FOLLOWS: Section 926.03. Applicability. The provisions of this 'chapter shall apply to the development and maintenance of property in the unincorporated area of Indian River County which is subject to the provisions of Chapter 914, Site Plan Regulations; Chapter 915, Planned Development; and Chapter 913, Subdivisions and Plats, of the County Land Development Code. Section 926.15 of this chapter shall apply to the development and maintenance of property in the unincorporated area of the County that is subject to the provisions of Chapter 912 Single -Family Development of the County Land Development Code Section 926.15. Single-family lot development canopy tree requirements. (1) Two canopy trees as defined in Chapter 901 shall be planted or preserved on single-family lots in conjunction with lot development Said trees are required to be planted or preserved prior to County issuance of a certificate of occupancy for the residence. This requirement of two canopy trees shall not apply to any single-family lot where an initial building permit application for home construction was submitted prior to March 14 2005 (the effective date of this ordinance) Planted canopy trees shall be of a size quality and type as specified in Section 926.06 of this chapter. The owner of the lot shall be required to maintain the canopy trees in viable condition. (2) The following trees are approved for use to meet the single-family lot canopy tree requirement of this section. Other canopy tree species may be used subject to county staff approval. Live oax (yuercus var ani lana) Laurel oak (Quercus hemisphaerica) Diamond -leaf oak (Quercus lauri olia) Red maple (Acer rubrum) American holly( ex opaca) Southern magnoliaMa noliarg andidora) Sweet gum (Liguidambar styractflua) Sycamore (Platanus occidentalis) Seag_rape (Coccoloba uvi era) Red mulberry (Morus rubra) Slash pine (Pinus elliottii) 4. CHAPTER 912, SINGLE-FAMILY DEVELOPMENT, SUBSECTION 912.07(6), IS HEREBY AMENDED TO READ AS FOLLOWS. (6) Tree protection, tree removal, and land clearing, and. landscape regulations. Tree protection, tree removal, a d land clearing, and landscape regulations e -an affect the development and maintenance of single-family parcels. (a) Mangroves and dune (Atlantic Ocean beach area) vegetation may not be removed, cleared, or trimmed without a special permit issued by the planning division. (b) [Vegetative conservation.] Underline depicts addition of text; strike depicts deletion of text. I ',C:orrnnur,ity [:>evelt>pineik. t1s�r,112(?C..� Lt?il ]1}�'1 f 1 i�se (}rd ii i;i(o t )I tj_ _^i)04_ 'I iee Ord )(Y" -0 l .doc ORDINANCE 2004-041 1. No vegetation or trees may be cleared or removed within established conservation easements, without a special permit issued by the planning division. 2. For the proposed development of a single-family residence on a parcel five (5) acres or larger, a native upland vegetation conservation easement deeded to the county may be required. Any application to construct a single-family residence on a parcel five (5) acres or larger shall be reviewed by environmental planning staff to determine the aerial extent of native upland vegetation communities on site, if any. If an area of native vegetation is determined to exist then either a conservation easement, or off-site preservation, or a fee -in -lieu of easement shall be provided by the applicant to the county prior to building permit issuance in accordance with section 929.05 of the land development regulations. (c) Protected trees or specimen trees shall not be removed from lots or parcels over erre aefe 1/4 acre (10,890 square feet) in size ma r not be elear-ed or- pr-eteeted tfees rcmeved fFem said pa=w without a'""a rg �-m�� tree removal permit issued by the planning division. A protected tree is a "tree having a diameter -at -breast -height (dbh) of four (4) inches or more but not including "specimen trees," as defined in County Code Section 927.04. Cabbage palms (Sabal palmetto) with 10 feet or more of clear trunk, regardless of dbh are protected trees. Protected trees shall also include each tree regardless of the dbh of the individual tree within a significant grouping of trees of West Indian or tropical origin. The following trees, regardless of size or location and any other trees listed on the Florida Exotic Pest Plant Council's most current list of Invasive Species, shall not be considered to be protected trees: Casuarina spp. — Australian pine Enterolobium cyclocarpum — Earpod Melia azedarch — Chinaberry Schinus terebinthii olius — Brazilian pepper tree Melaleuca quinquenervia - Melaleuca, punk or paper tree 'Cupania anacardioides - Carrotwood Citrus trees of all varieties shall not be considered protected trees." Underline depicts addition of text; strike depicts deletion of text. F'Community [?cve]opinen� C�strs`ft(>L.� VI;NI lice Ord icvisitrns tit}, ?rn,}�.I'rcc - ; 12004 Ci iIoc ORDINANCE 2004-041 (d) Exemptions from county tree protection, tree removal, and land clearing regulations include the following: 1. The removal, trimming, pruning or alteration of any unprotected 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 of view necessary to conduct a survey or site examination for the preparation of subdivision plats, site plans, or tree surveys_ er 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. 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, ,..hie does not „'t in the eventual deathof the plants-, mowing of yards or lawns, or undertaking any other landscaping or gardening activity which is commonly recognized as routine maintenance or replacement. This exemption shall be construed to allow routine maintenance of dune vegetation growing seaward of the coastal construction control line, provided sufficient documentation evidencing express permission for such activity from the Bureau of Beaches and Coastal Systems of the Florida Department of Environmental Protection She of the Depaft ent of'` atuf ' Resoufees of the State of Por -i44 3. The removal, trimming, pruning or alteration of any tree or 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. 4. The f emovai, pruning, trimming or- alter-a4ien of any tfee or- vegetation fef the pttfpose of maintaining 4. The removal of any tree which has been destroyed or damaged beyond saving, or which constitutes an immediate peril to life or property. of other- trees may femoved3Y rithout ^ ei=fnit. 5. Tree removal land -clearing or grubbing of any vegetation, except mangrove or dune vegetation, within ten (10) feet of a house. 6. Troo fence a Land -clearing or grubbing of ai+y vegetation, except for protected trees, specimen trees, mangroves, or 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; of tree femeva4 without permit of on any such lot or parcel by its subdivider unless the subdivider intends in good faith to forthwith begin -20- Underline depicts addition of text; ^ulike-ugh depicts deletion of text. lie, Ord cca�u?us:_lktl'.-'20(t i� eC}rrt'Ull -�J i.cnc ORDINANCE 2004-041 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. 7 Tree removal except for mangroves er 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 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. (e) Canopy tree landscape requirement Two canopy trees as defined in Chapter 901 shall be planted or preserved on single-family lots in conjunction with lot development. Said trees are required to be planted or This preserved prior to County issuance of a certificate of occupancy for the residence requirement of two canopy trees shall not apply to any single-family lot where an initial building permit application for home construction was submitted prior to March 14 2005 (the effective date of this ordinance). Planted canopy trees shall be of a size quality and type as specified in Section 926.06 of the County Landscape and Buffer Ordinance. The owner of the lot shall be required to maintain the canopy trees in viable condition. The following trees are approved for use to meet the single-family lot canopy tree requirement of this section. Other canopy tree species may be used subject to county staff approval. Live oak (Quercus virginiana) Laurel oak (Quercus hemisphaerica iamond-leaf oak (Quercus laurifolia Red maple (Acer rubrum) American holly (Ilex opaca) Southern magnolia (Magnoliagrandi ora) Sweet gum (Liauidambar stvraciflua) camore (Platanus occidentalis Sea r� ape (Coccoloba uvi era Red mulberry (Morus rubra) Slash pine (Pinus elliottii) 5. 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. 6. 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. -21- Underline depicts addition of text;trims T depicts deletion of text. I .C:omm u;ity Oeti�l�>pinei�_ [,a , l VIY�.I I)k,927 jle(l K(l ,c i,i{�-is,_C).), ��.}G ,!'reg t?u. _0H ORDINANCE 2004-041 7. 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. 8. 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 20`h day of November 2004, for a public hearing to be held on the 7`h day of December 2004, 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 Arthur R. Neuberger IAye Commissioner Sandra L. Bowden Aye_ Commissioner Wesley S. Davis Nay_ Commissioner Thomas S. Lowther Aye _ Commissioner Gary C. Wheeler Aye_ The Chairman thereupon' declared the ordinance duly passed and adopted this 7th day of December 2004. 1 14 BOARD OF COUNTY COMMISSIONERS LL OF INDIAN RIVER COUNTY AttQst: J K. BartonfClerk ,� ;w •� , rF B Y y: ' . Y,`Y .Deputy Cl k Arthur R. Neub e ,Chairman Filed wth'the'Florida Department of State on the I.N k. ^.y... x APPROVED AS TO LEGAL FORM day of nGr 2 7 2004 , 2004. ), 1"'xtWilliam G. Collins H Robert M. eating, AIC Deputy County Attorney Community Development Direc r -22- Underline depicts addition of text;&4'gh depicts deletion of text. F':`d:;onnnunity Devck>pmen:[Jic,rs;RO[.A D 1.178\9? I cc Ord evrsio,u'200. 2004 �1"rec Ord )004-0, LdoG