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HomeMy WebLinkAbout2002-030ORDINANCE NO, 2002- 030 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, REGARDING TREE PROTECTION AND LAND CLEARING REQUIREMENTS; AMENDING LAND DEVELOPMENT REGULATIONS (LDRs) CHAPTER 901, DEFINITIONS; AND CHAPTER 927, TREE PROTECTION AND LAND CLEARING; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: 1. Chapter 901 Definitions Portions of Zoning Chapter 901 subsection 901.03 are hereby amended as follows: Critical Root Zone (CRZ) 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 abovergrade). 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 211/4 inches; the CRZ is a circle centered on the center of the tree, with a radius of 22 feet. Diameter at breast height (dbh) the standard measure of a single -stemmed tree at four and one- half (4.5) feet above grade. When a tree has grown with cluster stems at breast height, dbh shall be equal to the sum of the diameters of the individual stems measured at four and one-half (4 1/2) feet above grade. The dbh shall be measured bytaking the circumference of the stem(s)/trunk(s) and applying the formula d = c/nwhere d is the diameter (in inches) c is the circumference (in inches), and n = 3.14. As an example: a single trunk tree has a circumference of 4 feet 5 inches (53 inches) measured 4.5 feet above the ground The dbh of the tree is then calculated as d = 53/3.14 = 16.9 inches. The dbh value shall be expressed in inches and shall be scientifically rounded to one decimal place. Tree, protected any tree having a dbh of four (4) inches or more, but less than 24 inches all „ This shall also include and all each tree, regardless of the dbh of the individual tree, within a significant groupings of trees of West Indian or tropical origin_ of any size, and all faangf eves ardiess of size3 w^lud : ,however-, The following trees, regardless of size or location shall not be considered to be protected trees: Casuarina cunninghamiana -Australian pine Casuarina lepidophlia - Australian pine Enterolobium cyclocarpum — Australian P e Earpod Melia azedarch - Chinaberry Schinus terebinthifolius - Brazilian pepper tree Melaleuca quinquenervia - Melaleuca, punk or paper tree 64 Coding: Words in strikethFough are deletions from existing law. Words underlined are additions. ORDINANCE NO, 2002- 030 Cabbage palms (Sabal palmetto) and citrus trees of all varieties shall not be considered to be protected trees, but such trees shall be included in a tree survey in the event the applicant chooses to make use of said trees as a credit against the trees otherwise required under an applicable landscaping regulation or requirement. Tree, Specimen a tree which has a diameter at breast height (dbh) of 24 inches orrg eater excluding, however, the following trees, regardless of size or location: Casuarina cunninjzhamiana - Australian pine Casuarina lepidophlia -Australian pine Enterolobium c cly ocarpum — Australian lia Dire Earpod Melia azedarch - Chinaberry Melaleuca quinquenervia - Melaleuca, punk or paper tree 2. Tree Protection and Land Clearing Regulations Portions of Zoning Chapter 927 are hereby established and amended as follows: Sec. 927.01. Short title Sec. 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 available; criteria governing issuance. Sec. 927.08. Additional .r eteetion. 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 pretested area 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 Sec. 927.17. Penalties and enforcement Coding: Words in strike through are deletions from existing law. Words underlined are additions. Schinus terebinthifolius - Brazilian pepper tree Melaleuca quinquenervia - Melaleuca, punk or paper tree 2. Tree Protection and Land Clearing Regulations Portions of Zoning Chapter 927 are hereby established and amended as follows: Sec. 927.01. Short title Sec. 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 available; criteria governing issuance. Sec. 927.08. Additional .r eteetion. 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 pretested area 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 Sec. 927.17. Penalties and enforcement Coding: Words in strike through are deletions from existing law. Words underlined are additions. ORDINANCE NO, 2002- 030 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." (Ord. No. 90-16, § 1, 9-11-90) 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; however, the trimming, cutting removal or other similar actions are regulated by the Florida Department of Environmental Protection and/or the St. Johns River Water Management District and these actions may require permits from one of these agencies. Avicennia gerimnans - black mangrove Rhizophora mantle - red mangrove Lazuncularia racemosa - white mangrove (Ord. No. 90-16, § 1, 9-11-90) Section 927.03. Purpose and intent. The purpose of this chapter is to provide for the protection and preservation of trees and vegetation within Indian River County in order to minimize environmental degradation caused by unnecessary or excessive destruction of trees and other valuable vegetation. (Ord. No. 90-16, § 1, 9-11-90) 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. (Ord. No. 90-16, § 1, 9-11-90) 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 901) on any site or tract without first obtaining a tree removal permit =er alteration pe, -it 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; Coding: Words in StFi th Oug" are deletions from existing law. Words underlined are additions. ORDINANCE NO. 2002D30 (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 p -ete ted area. Critical Root Zones established pursuant to this chapter have been surrounded by a protective barrier prior to the beginning of development activities; (4) Encroach onto preteeted area 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 preteeted area Critical Root Zone; (c) The cleaning of material or equipment within a pr-eteeted area. Critical Root Zone; (d) The disposal of any liquid or solid waste material such as paints, oils, solvents, asphalt, concrete, mortar, or other materials similarly harmful within a pr^*ee'_ea area. Critical Root Zone; and (e) The placement of any structure or site improvement within a 2. The Critical Root Zone with the exception of landscaping or related irrigation improvements unless expressly determined by Environmental Planning staff that such structure or site CRZ;_and of area In this improvement will not result in the death or damage to the subject tree. 4. making determination Environmental Planning staff shall consider, but is not limited actions to, the taken to reduce information be by the landowner or eliminate following which shall provided or applicant: impacts As an alternative to a determination by Environmental Planning staff, 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 and abilities that the proposed structure or site improvement will not result in the death or damage to the subject tree. (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; or (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. (Ord. No. 90-16, § 1, 9-11-90) Coding: Words in strike rough are deletions from existing law. Words underlined are additions. 2. The area the CRZ to be affected; amount of 3. The location the impact the CRZ;_and of area within 4. Efforts or actions taken to reduce or eliminate impacts to the tree. As an alternative to a determination by Environmental Planning staff, 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 and abilities that the proposed structure or site improvement will not result in the death or damage to the subject tree. (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; or (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. (Ord. No. 90-16, § 1, 9-11-90) Coding: Words in strike rough are deletions from existing law. Words underlined are additions. ORDINANCE NO, 2002-030 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, specimen or historic tree, or upland native plant community conservation area, unless otherwise stated below. The burden of proving entitlement to any particular exemption shall lie with the person claiming use of the exemption, in the event the exempted activity ever becomes subject to an enforcement proceeding. (1) The removal, trimming, pruning, or alteration of any non-tmprotected 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 plats, site plans, or tree surveys; or (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. (2) Routine landscape maintenance such as trimming or pruning of vegetation which does not result in the eventual death of the plants, mowing of yards or lawns, or any other landscaping or gardening activity which is commonly recognized as routine maintenance or replacement. (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 removal, pruning, trimming, or alteration of any tree or vegetation for the purpose of maintaining existing access to a property. (5) 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: (b) Pertaining to silviculture, operations are encouraged to implement a State Division of Forestry approved management plan, including a reforestation plan for harvested lands. Coding: Words in strike g ; are deletions from existing law. Words underlined are additions. (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 are encouraged to implement a State Division of Forestry approved management plan, including a reforestation plan for harvested lands. Coding: Words in strike g ; are deletions from existing law. Words underlined are additions. ORDINANCE NO. 2002-030 (c) Pertaining to agriculture, operations are encouraged to 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. (6) Any tree which has been destroyed or damaged beyond saving, or which constitutes an immediate peril to life, property, or other trees, may be removed without a permit. (7) Tree removal, land -clearing, or grubbing of any vegetation, except mangrove or dune vegetation, 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, grubbing, or tree removal without permit of 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. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 23, 9-29-92) 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 a 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 spa,.ime tree historic tree (as defined in Chapter 901) shall be removed except as expressly approved by the board of county commissioners. That the tree is located within an existing or proposed right -of --way; 2. That the tree is located within an existing or proposed easement, or stormwater management tract, provided that only the minimum area necessary for the contemplated service or use shall be considered under this criterion; That the tree is located where its continued existence would unreasonably interfere with the physical construction of the improvements on a particular site as may result from interference with the access to the site by construction equipment, or with the operation of the equipment on the site in the immediate vicinity of the proposed structure or improvements; 4. That the tree is located where it creates or will create a safety or health hazard, or a nuisance with respect to existing or proposed structures or vehicle or pedestrian routes, and relocation of the tree on the site is not a feasible alternative; Coding: Words in stfike thfoug ; are deletions from existing law. Words underlined are additions. That the tree is located where it interferes with the installation, delivery, or maintenance of proposed or existing utility services to the site; That the tree is diseased, injured, or in danger of falling; 7. That the tree is located on a portion of the site to be used for construction of required parking areas or vehicular and pedestrian ingress and egress areas; provided that, when this criterion is used to justify removal of a tree or trees located within required yard setback areas, the applicant shall replace any such tree or trees with an equal number of trees of similar ecological or aesthetic value, as determined by the environmental planner, unless it can be demonstrated by the applicant that the remaining site cannot be designed to accommodate and sustain the substituted tree or trees. All replacement trees shall be of a minimum four (4) inches diameter -at -breast -height (dbh); That the tree is located on a portion of the site where structural development is proposed, provided reasonable effort has been made to preserve protected trees and specimen trees to the extent feasible under this criterion. (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 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 which may be expected to occur as a result of the proposed clearing or grubbing. The plan shall incorporate some or all of the following means as determined by the applicant: 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 express conditions of the 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. District (SJRWMD) approval or exemption regarding the proposed land clearing ORDINANCE NO. 2002-030 That the tree is located where it interferes with the installation, delivery, or maintenance of proposed or existing utility services to the site; That the tree is diseased, injured, or in danger of falling; 7. That the tree is located on a portion of the site to be used for construction of required parking areas or vehicular and pedestrian ingress and egress areas; provided that, when this criterion is used to justify removal of a tree or trees located within required yard setback areas, the applicant shall replace any such tree or trees with an equal number of trees of similar ecological or aesthetic value, as determined by the environmental planner, unless it can be demonstrated by the applicant that the remaining site cannot be designed to accommodate and sustain the substituted tree or trees. All replacement trees shall be of a minimum four (4) inches diameter -at -breast -height (dbh); That the tree is located on a portion of the site where structural development is proposed, provided reasonable effort has been made to preserve protected trees and specimen trees to the extent feasible under this criterion. (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 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 which may be expected to occur as a result of the proposed clearing or grubbing. The plan shall incorporate some or all of the following means as determined by the applicant: 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 express conditions of the 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. Coding: Words in ^`��,rRe MFOugh are deletions from existing law. Words underlined are additions. District (SJRWMD) approval or exemption regarding the proposed land clearing or grubbing activity. Coding: Words in ^`��,rRe MFOugh are deletions from existing law. Words underlined are additions. • Oki 01►• UNWO[SAPAWYALIN1 A land -clearing permit does not authorize the removal or destruction of protected trees, specimen trees, or historic trees. 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. (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 permit shall be issued for the removal of any native vegetation oceanward of the county Dune Stabilization Setback Line (DSSL), with the exception of projects approved by the Fier-ida Depai4 ent „r,.rat ..,t n eseu -ees (FD -Th � Florida Department of Environmental Protection WDEP), and when associated with a plan for dune revegetation and maintenance, as approved by county environmental planning staff and FD FDEP, as applicable. (Ord. No. 90-16, § 1, 9-11-90) Coding: Words in strike through are deletions from existing law. Words underlined are additions. has is 4. That the applicant or 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, specimen trees, or historic trees. 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. (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 permit shall be issued for the removal of any native vegetation oceanward of the county Dune Stabilization Setback Line (DSSL), with the exception of projects approved by the Fier-ida Depai4 ent „r,.rat ..,t n eseu -ees (FD -Th � Florida Department of Environmental Protection WDEP), and when associated with a plan for dune revegetation and maintenance, as approved by county environmental planning staff and FD FDEP, as applicable. (Ord. No. 90-16, § 1, 9-11-90) Coding: Words in strike through are deletions from existing law. Words underlined are additions. ORDINANCE NO, 2002- 030 /.1\ No rr;.-, gs shall be .1; ,-le l.i .terfj o ,o any s„ n., .�. s , �-i`v'v`�� vi—udcsJu'we...PA water-eetwse-. 61-11 MT WAS FZ M walowWav or SKIN woo 7' Coding: Words in strike th,e.ugh are deletions from existing law. Words underlined are additions. 7' Coding: Words in strike th,e.ugh are deletions from existing law. Words underlined are additions. ORDINANCE NO, 2002-030 as applieable-. 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. (Ord. No. 90-16, § 1, 9-11-90) Section 927.10. Additional upland native vegetation protection. Chapter 929, Upland Habitat Protection, of the County Land Development Code provides standards and criteria relating to the protection of native plant communities, in addition to the provisions of this chapter. No land clearing or tree removal activity shall be allowed to conflict with the provisions of Chapter 929, including: (1) Provisions pertaining to upland native plant community conservation areas, applicable to property five (5) acres or larger in size; (3) Provisions requiring the removal of nuisance exotic vegetation from development sites; and (4) Provisions restricting the removal of upland native vegetation contributing to the stabilization of the banks of canals, ditches, or natural water course, provided such restricts do not impede maintenance of such water courses or drainage courses. (Ord. No. 90-16, § 1, 9-11-90) Section 927.11. Application procedure and fees. buffer St. Sebastian River (2) Provisions establishing a shoreline vegetation protection zone along the by this chapter (3) Provisions requiring the removal of nuisance exotic vegetation from development sites; and (4) Provisions restricting the removal of upland native vegetation contributing to the stabilization of the banks of canals, ditches, or natural water course, provided such restricts do not impede maintenance of such water courses or drainage courses. (Ord. No. 90-16, § 1, 9-11-90) Section 927.11. Application procedure and fees. (a) A statement as to the applicant's interest in the property, proof of ownership, and agent authorization from the property owner, as applicable. (b) A legal description of the property and a boundary survey or accurate scaled drawing thereof. Coding: Words in strike are deletions from existing law. Words underlined are additions. (1) Application for issuance of any permit required by this chapter shall be made in writing to the The community development department on a form provided by environmental planning staff. form shall request all information necessary to evaluate a particular application including but not limited 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. (b) A legal description of the property and a boundary survey or accurate scaled drawing thereof. Coding: Words in strike are deletions from existing law. Words underlined are additions. (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. 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 removed or left entirely undisturbed. A written explanation shall be included with the tree survey which identifies those criteria in section 927.07 of this chapter which justify issuance of the requested permit. 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) An erosion control plan as described in section 927.07 (2)(b)2, together with reasons for clearing or grubbing of the site, if land clearing is intended. (e) The application shall be submitted and processed concurrently with site plan review or subdivision review, as the case may be, when such approvals are otherwise required to make use of the property. The site plan or subdivision preliminary plat shall be prepared in a manner to allow ready comparison with the tree survey, to assess whether the cited criteria have been met. All items shown shall be properly dimensioned, scaled and referenced to the property lines, and setback or yard requirements. If known, existing and proposed site elevations and major contours shall be included. (f) An administrative fee to offset the cost of evaluating the application shall be collected in an amount determined by resolution of the board of county commissioners. (2) 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. (3) 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 to have been 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. (4) 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 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. Coding: Words in"�throug ; are deletions from existing law. Words underlined are additions. ORDINANCE NO. 2002-030 (Ord. No. 9046, § 1, 9-11-90) Section 927.12. Determination of proteeted-area Critical Root Zone En3vir-enmental planning staff shall review eaeh appheation, and may inspeet eaeh site, for- the pur-pose of making a deteffmination as to the appr-epfia.te pfeteeted area to be designated for- these preteeted tfees !fee on a given site. The pfeteeted afea shall be established based upen eensider-ation of the speeiesi Felevant er-iter-ia, and shall be established 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 211/4 inches; the CRZ is a circle, centered on the center of the tree, with a radius of 22 feet. In no event shall the pr-eteeted area 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. (Ord. No. 90-16, § 1, 9-11-90) 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 which 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. (Ord. No. 90-16, § 1, 9-11-90) 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. (Ord. No. 90-16, § 1, 9-11-90) 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 Coding: Words in ^`Fithrough are deletions from existing law. Words underlined are additions. 12 ORDINANCE NO. 2002- 030 variance requests or appeals are made. (Ord. No. 90-16, § 1, 9-11-90) 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, 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 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. (Ord. No. 90-16, § 1, 9-11-90) Section 927.17. Penalties and enforcement. It shall be a violation of this Chapter for any person: 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.)]. 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. Any who commits a violation specified in paragraph (1)(b) above shall be subject to a fine person killing tree of one thousand dollars La) to fail to obtain or any permit required by this Chapter, under this Chapter or to violate or fail to comply with the provisions of any permit issued under this Chapter; to without a required permit remove destroy, or kill a protected tree(s); D to without a required permit remove destroy, or kill a specimen tree(s); 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; ff) 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). 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.)]. 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. Any who commits a violation specified in paragraph (1)(b) above shall be subject to a fine person killing tree of one thousand dollars ($1 000.00). The removal destruction, or of each protected under this Chapter shall be considered a separate offense. (55,) Any person who commits a violation specified in paragraph (1)(c) above shall be subject to aline 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 Coding: Words inStVike thFOug.", are deletions from existing law. Words underlined are additions. ORDINANCE NO, 2002-030 In determining the fines provided for in this subsection, the Code Enforcement Board shall (c) any previous violations committed by the violator. ($15,000.00) per separate offense The amount consider: (a), (c)l: as Brazilian pepper. (b), and (a) therg avity of the violation; (b) any actions taken by the violator to correct the violation; and Any person who commits a violation specified in paragraph (1)(d) above shall be subject to a fine of not less than (c) any previous violations committed by the violator. ($15,000.00) 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 f Sections (a), (c)l: as Brazilian pepper. (b), and grass 1 The property on which the (a) For low quality vegetation removal a base fee of $0.25 per square foot of area illegally cleared is native to protected trees or dog fennel, land shall be charged Low quality vegetationeg nerally consists of plants such as vine, -foot or non-native vegetation such as Brazilian pepper. grape goose grass 1 The property on which the (b) For high quality vegetation removal a base fee of $0.50 per square foot of area illegally cleared land shall be charged. High quality vegetationeg nerally consists of native vegetation such as palmettos,alg lbe , orr�yrtle. (c) In the event that the quality of vegetation removed cannot be determined a base fee of $0.375 per square foot of area illegally cleared land shall be charged. (d) In addition to the above noted penalties the area that was illegally cleared or on which is native to protected trees or specimen trees were illegally removed shall be revegetated under the land the following A is five (5) 1 The property on which the circumstances: clearing and/or tree removal occurred 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. with plant material that is native to Florida, consistent with land the illegal A is five (5) 1 The property on which the illegal clearing and/or tree removal occurred acres or larger and the area of illegal land clearing and/or tree removal was done within tract, the Jungle Trail and Buffer, 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. The area shall be revegetated with plant material that is native to Florida, consistent with be the illegal A Under circumstance (6)(d)2. above the area of revegetation shall that area where activity occurred within the conservation easement the conservation tract, the Jungle Trail and Buffer, or other similar area protected area. revegetationplan The area shall be revegetated with plant material that is native to Florida, consistent with A surrounding plant material and suitable for the area of revegetation. revegetationplan must by Environmental Planning This include: be submitted and approved staff. plan shall Coding: Words in strike thio •g : are deletions from existing law. Words underlined are additions. • 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 reve etation. The of the RevegLetation Plan is to establish a native plant communilYto replace the plant purpose above shall be subject to a fine of two hundred community destroyed by the illegal activity. the largest plants that can reasonably be expected For the lost of to survive mature native plant communities, (and can be procured) will be only authorized for reve etg ation. day for each saved tree that does not have Any person who commits a violation specified in para rg_aph (1)(e) above shall be subject to a fine of two hundred and fifty dollars ($250.00) per day starting on the 61s' 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) dys 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. 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. The fine the date that installed and maintained protective barriers shall commence on any development activity begins on the property associated with the proiect and the protective In that the date the barriers are either improperly installed or not installed at all. the event 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 Permits required by this Chapter may be obtained after -the -fact for land clearing and protected or specimen tree removal activities, 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). 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 his or- hei case. 11 A violation of any provision of this chapter shall be punishable upon conviction by a fine not to exceed five hundred dollars ($500.00), or by imprisonment in the county jail up to sixty (60) days, or both such fine and imprisonment. 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; mangreve, or any dune vegetation, contrary to this chapter shall receive the maximum penalty provided by law. Coding: Words in S..ii�[rnce through are deletions from existing law. Words underlined are additions. '1 ORDINANCE NO. 2002-030 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. Coding: Words in strike through are deletions from existing law. Words underlined are additions. ORDINANCE NO, 2002-030 All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which 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 which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 4. 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. 5. 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. 6. Effective Date This ordinance shall take effect upon filing with the Florida Secretary of State. 1 11110 V111111Y11VV 1.{a0 {Ala♦ Vl La0vla +aa V ♦ VaV ✓V.svaa a aVv.s ..VNaaaµa Vaa .aav rv.+. w...J public hearing to be held on the 12t" of November, 2002, at which time it was moved for adoption by Commissioner Adams , seconded by Commissioner Gi nn , and adopted by the following vote: Coding: Words in stfi�„ a through are deletions from existing law. Words underlined are additions. Provisions 3. Repeal of Conflicting All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which 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 which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 4. 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. 5. 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. 6. Effective Date This ordinance shall take effect upon filing with the Florida Secretary of State. 1 11110 V111111Y11VV 1.{a0 {Ala♦ Vl La0vla +aa V ♦ VaV ✓V.svaa a aVv.s ..VNaaaµa Vaa .aav rv.+. w...J public hearing to be held on the 12t" of November, 2002, at which time it was moved for adoption by Commissioner Adams , seconded by Commissioner Gi nn , and adopted by the following vote: Coding: Words in stfi�„ a through are deletions from existing law. Words underlined are additions. C I 1 . ORDINANCE NO. 2002-030 The ordinance was adopted by a vote of: Ruth M. Stanbridge Vice Chairman John W. Tippin Commissioner Fran B. Adams Commissioner Caroline D. Ginn Commissioner Kenneth R. Macht The Chairman thereupon declared the ordinance duly passed and adopted this 12th November..- ,1 ; 2002. to of I'' BOARD OF COUNTY COMMISSIONERS <.. , VicNo i OF INDIAN RIVER COUNTY to Attest:. J!& ano4er`':,,�, ttIP to By:12U ns CV-Qn L;Ruth M. Stanbridge Chairman � y Fa 1 til e r� z J t- Filed with the Florid'a`Dep'al. rtment of State on the day of 32002, 4, rr f f i., APPROVED AS TO LEGAL FORM APP VE AS TO PLANNING MATTE] A, n ___ Chairman ��'��- William G. Collins Deputy County Attorney Robert M. Keating, AICP Community Development Director Coding: Words in strike thre gh are deletions from existing law. Words underlined are additions.