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Home My WebLink About2006-005r ORDINANCE 2006- 005 LAND DEVELOPMENT REGULATIONS (LDRS) RELATING TO NATIVE UPLAND PLANK COMMUNITY CONSERVATION AREAS; CLARIFYING THAT A FEE -IN -LIEU OF UPLAND SET- ASIDE SHALL BE CONSIDERED ONLY AS A LAST ALTERNATIVE; REVISING THE FEE -IN - LIEU OF SET-ASIDE CALCULATION FROM TAX -ASSESSED VALUE TO FAIR -MARKET VALUE; REQUIRING THAT UPLAND SET -ASIDES BE COMMON- AREAS; 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 929.05, UPLAND NATIVE PLANT COMMUNITY CONSERVATION AREAS, IS HEREBY AMENDED TO READ AS FOLLOWS. Section 929.05. Upland native plant community conservation areas. (1) Development projects on property five (5) acres or larger, including single-family residential development, and subdivisions, affidavits of exemption, site plans and planned development projects, but excluding agricultural operations outside of the urban service area and individual single-family home site parcels, shall set-aside, through selective clearing and micro -siting of buildings and construction activities, a minimum of fifteen (15) percent of the total cumulative acreage of native plant communities which occur on-site (including but not limited to flatwoods, xeric scrub, and coastal/tropical hammock). , Such set-aside areas shall be preserved in viable condition with intact canopy, understory, and ground cover, and shall be protected by the filing of conservation easements. The preserved set-aside area(s) shall be allowed as credit toward other county land development regulations such as landscape, buffer, and open space requirements. and~, ^ra Seth eke .~refneat (2) Native upland ant community set-aside areas shall meet the following criteria: Native have horizontal dimensions less than 50 feet. In cases where a set-aside is (a) upland set -asides shall no be contiguous with another conservation area the dimensions of the other conservation area may credited towards the minimum 50 -foot horizontal dimension requirement. (b) Native upland set -asides shall be conserved as common areas on separate tracts and shall be depicted as such on approved plats and affidavit of exemption drawings. Conserved upland set-aside areas relatingto o site plan (non -plat) projects must be depicted and labeled on the site plan but are not required to be platted. The conservation tracts shall be posted with boundary signs no larger than one square -foot in size at intervals no greater than 400 feet along the perimeter of the tract. The boundary signs shall identify the tract as a conservation area. (c) Conservation tracts bordering single-family residential lots shall be fenced along the tract boundary abutting said lots. Said fencing shall be of a type and design (such as split -rail) to minimize impedance to wildlife movement. (d) The applicant shall provide a management plan for the set-aside area to ensure long-term viability of preserved or created habitat as the case may be The management plan shall address nuisance invasive plant - Page 1 of 4 - Underline depicts addition of text; strike threugh depicts deletion of text. 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 ORDINANCE 2006-QQ5 Alhefe preser-Nzation of fifteen (15) per-eent of the native upland plant eemmunities on site is not feasible giN e^ifi^ ^h^r^^teri^ti, The county shall permit off-site preservation and/or habitat creation (t Te for- type) as an alternative to on-site fifteen (15) percent preservation when on-site preservation would preclude reasonable use of the site due to site-specific characteristics. In such cases the off-site preservation or creation area must be "type -for -type" plant community and of a size equal to or Greater than the alternative on-site 15% set-aside. The off-site preservation or creation area must be contiguous to another conservation area. When an off-site preservation or creation area is proposed, the applicant shall provide a management plan for the area to ensure long-term viabilitypreserved or created habitat as the case may be. The manag.ementlan shall be subject to approval b city environmental planning staff. Moreevef, as an ineen raets 3vNrhieh przavide ffiefe habitat value than linear- bafffer- set aside afeas, the e0tint shall allow a per-eentage r-edtietion to a fninimi.jm of ten (10) per-eent of the etimalative native plant een*nunit aer-eage, these . areas that a of aside as �,t;,.uetts t. Get 0 0 0 ^v=Icrguvuo II�.�,I. (3) In cases where a project developer demonstrates that preservation of fifteen (15) percent of the native upland plant communities on-site would preclude reasonable use of the site due to site-specific characteristics, and off-site type -for - type native upland preservation is not a practicable alternative, the developer Development pr-ejeets proposed for- !an * of native upland plant ^ ffH+ ~:Mies may, as a last art alternative to fifteen (15) percent preservation of C. RTI'GTT N�liTS IIii"[I Y � TR1L TRIT�ivv the on-site community, pay a fee equivalent to (the assessed fair market value of one acre of the project site) X (the number of acres of habitat type that would otherwise have been set-aside as fifteen (15) percent preservation.). In such cases the developer shall provide county staff with an independent certified Member Appraisal Institute (MAI) appraisal of current per -acre fair market value of the area that would otherwise have been set-aside. For purposes of this section, a "current" MAI appraisal is an appraisal that has been certified no earlier than four months prior to development project approval. As a last alternative; this fee -in -lieu of native upland set-aside shall be payable to the county prior to the issuance of a land development permit and shall be used by the county for acquisition of comparable native habitat preserve areas and/or for management of such lands. (4) The areal extent of native upland plant communities occurring on a site shall be verified by county environmental planning staff, based on field inspection and review of a vegetation survey to be submitted by the applicant. (a) The vegetation survey shall consist of an aerial photograph (or blueprint thereof) or sketch prepared to a scale no smaller than one inch to two hundred (200) feet which delineates native upland plant communities by general category (reference section 929.02(1)), and distinguishes such communities from non-native plant communities and/or disturbed areas occurring on the site. (b) Native upland plant communities shall be determined using Appendix &A, 'Ecological Communities Flora and Fauna Tables, of the conservation element of the county comprehensive plan as a general reference. The Florida Game and Freshwater Fish Commission, the Soil and Water Conservation District,•and the Florida Division of Forestry shall also be consulted as needed to aid in plant community delineation. (c) For purposes of calculating the areal extent of native upland plant communities occurring on-site, the following areas shall not be included: Areas of the subject property intmdate predominated by any one or combination of the following nuisance exotic species: - Page 2 of 4 - Underline depicts addition of text; .,,,.:'ugh depicts deletion of text. ;PT nniy Dcclopmcn ,t.scr,W.)I.1N[:>;I DK11)29SC! &aide NVAaiire Lpi .lmulo ord [ir.adoc control; fire hazard prevention; passive recreational use (if proposed); boundM signage and fencing; and shall identify the entity responsible for long-term maintenance. The management plan shall be subject to approval by county environmental planning and emergency services staff. Alhefe preser-Nzation of fifteen (15) per-eent of the native upland plant eemmunities on site is not feasible giN e^ifi^ ^h^r^^teri^ti, The county shall permit off-site preservation and/or habitat creation (t Te for- type) as an alternative to on-site fifteen (15) percent preservation when on-site preservation would preclude reasonable use of the site due to site-specific characteristics. In such cases the off-site preservation or creation area must be "type -for -type" plant community and of a size equal to or Greater than the alternative on-site 15% set-aside. The off-site preservation or creation area must be contiguous to another conservation area. When an off-site preservation or creation area is proposed, the applicant shall provide a management plan for the area to ensure long-term viabilitypreserved or created habitat as the case may be. The manag.ementlan shall be subject to approval b city environmental planning staff. Moreevef, as an ineen raets 3vNrhieh przavide ffiefe habitat value than linear- bafffer- set aside afeas, the e0tint shall allow a per-eentage r-edtietion to a fninimi.jm of ten (10) per-eent of the etimalative native plant een*nunit aer-eage, these . areas that a of aside as �,t;,.uetts t. Get 0 0 0 ^v=Icrguvuo II�.�,I. (3) In cases where a project developer demonstrates that preservation of fifteen (15) percent of the native upland plant communities on-site would preclude reasonable use of the site due to site-specific characteristics, and off-site type -for - type native upland preservation is not a practicable alternative, the developer Development pr-ejeets proposed for- !an * of native upland plant ^ ffH+ ~:Mies may, as a last art alternative to fifteen (15) percent preservation of C. RTI'GTT N�liTS IIii"[I Y � TR1L TRIT�ivv the on-site community, pay a fee equivalent to (the assessed fair market value of one acre of the project site) X (the number of acres of habitat type that would otherwise have been set-aside as fifteen (15) percent preservation.). In such cases the developer shall provide county staff with an independent certified Member Appraisal Institute (MAI) appraisal of current per -acre fair market value of the area that would otherwise have been set-aside. For purposes of this section, a "current" MAI appraisal is an appraisal that has been certified no earlier than four months prior to development project approval. As a last alternative; this fee -in -lieu of native upland set-aside shall be payable to the county prior to the issuance of a land development permit and shall be used by the county for acquisition of comparable native habitat preserve areas and/or for management of such lands. (4) The areal extent of native upland plant communities occurring on a site shall be verified by county environmental planning staff, based on field inspection and review of a vegetation survey to be submitted by the applicant. (a) The vegetation survey shall consist of an aerial photograph (or blueprint thereof) or sketch prepared to a scale no smaller than one inch to two hundred (200) feet which delineates native upland plant communities by general category (reference section 929.02(1)), and distinguishes such communities from non-native plant communities and/or disturbed areas occurring on the site. (b) Native upland plant communities shall be determined using Appendix &A, 'Ecological Communities Flora and Fauna Tables, of the conservation element of the county comprehensive plan as a general reference. The Florida Game and Freshwater Fish Commission, the Soil and Water Conservation District,•and the Florida Division of Forestry shall also be consulted as needed to aid in plant community delineation. (c) For purposes of calculating the areal extent of native upland plant communities occurring on-site, the following areas shall not be included: Areas of the subject property intmdate predominated by any one or combination of the following nuisance exotic species: - Page 2 of 4 - Underline depicts addition of text; .,,,.:'ugh depicts deletion of text. ;PT nniy Dcclopmcn ,t.scr,W.)I.1N[:>;I DK11)29SC! &aide NVAaiire Lpi .lmulo ord [ir.adoc 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 ORDINANCE 2006- 005 This ordinance was advertised in the Vero Beach Press -Journal on the 2nd day of February 2006, for a public hearing to be held on the 14th day of February 2006, at which time it was moved for adoption by Commissioner Wheel er , seconded by Commissioner Neuberger , and adopted by the following r. to 0_ vote: Chairman Arthur R. Neuberger -AY-E- Vice Chairman Gary C. Wheeler -Aye- Commissioner Sandra L. Bowden Aye Commissioner Wesley S. Davis Aye Commissioner Thomas S. Lowther Aye The Chairman thereupon declared the ordinance duly passed and adopted this 14th day of February 2006. Attest: JK. Barton, Clerk. By: -e Deputy •Clerk APPROVED AS TO LEGAL FORM William G. Collins II County Attorney B Q0 t4x mAl r� Arthur R. Neuberger irman a day of vtka �y , 2006. Robert M. Keating, AICP Community Development Director - Page 4of4- Underline depicts addition of text; s,..;'sh depicts deletion of text. iIljty Dc clopme1lL[I'scasA]i01, ANI_)`:] DR%i%jW ) y( t -aside iel .Nat1vc tip amend ord iirai.doG