HomeMy WebLinkAbout2012-026ORDINANCE 2012-026
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS
TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS
TO CHAPTER 927, TREE PROTECTION AND LAND CLEARING, BY AMENDING SECTION
927.06, EXEMPTIONS, BY EXEMPTING SINGLE-FAMILY RESIDENTIAL LOTS ONE ACRE
OR LESS IN AREA FROM TREE REMOVAL PERMITTING; BY AMENDING SECTION
927.17, PENALTIES AND ENFORCEMENT, BY CHANGING THE PENALTY FOR
UNPERMITTED REMOVAL OF PROTECTED CABBAGE PALMS AND MODIFYING
AFTER -THE -FACT PERMITTING ALLOWANCES; AND BY 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:
SECTION #1:
Amend LDR Chapter 927, Tree Protection and Land Clearing, Section 927.06, Exemptions, to
read as follows:
Section 927.06. Exemptions.
Notwithstanding anything to the contrary in this chapter, the following activities shall be
lawful without application for or issuance of a tree removal or land -clearing permit. None of these
exemptions shall apply to any mangrove, dune vegetation, historic tree, or upland native plant
community conservation area, unless otherwise stated below. In the event the exempted activity
ever becomes subject to an enforcement proceeding, the burden of proving entitlement to the
particular exemption shall lie with the person claiming use of the exemption.
(1) The removal, trimming, pruning, or alteration of any non -protected tree, non -
specimen tree, or other vegetation as necessary for:
(a) The clearing of a path not to exceed four (4) feet in width to provide physical
access or view necessary to conduct a survey or site examination for the
preparation of subdivision plans, site plans, or trees surveys. Under this
permit exemption, no disturbance shall occur to protected trees or specimen
trees, or to the 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.
Bold Underline: Additions to Ordinance l
Strike-Wreugh:: Deleted Text from Existing Ordinance
C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-026 927 TP and LC.doc
ORDINANCE 2012-026
(2) Routine landscape maintenance such as trimming or pruning of protected trees,
specimen trees, or other vegetation, mowing of yards or lawns, or undertaking any
other landscaping or gardening activity which is commonly recognized as routine
maintenance or replacement.
(3) The removal, trimming, pruning or alteration of protected trees, specimen trees, or
other vegetation in an existing utility easement or right-of-way, provided such work
is done by or under the control of the operating utility company and said company
has received all necessary licenses or permits to provide utility service within the
easement.
(4) Any activity conducted by a lawfully operating and bona fide commercial nursery,
tree farm, agricultural operation, silvicultural operation, ranch, or similar operation,
when the activity occurs on the property owned or lawfully occupied by the person
conducting said activity and is done in pursuit of said activity. This exemption shall
include the purposeful removal of a tree or trees for their permanent relocation at
another site undergoing development. When land -clearing or tree removal has been
performed under this exemption based upon the use of the property for an
agricultural or silvicultural operation, the following shall apply:
(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 shall implement a state division of
forestry approved management plan, including a reforestation plan for
harvested lands.
(c) Pertaining to agriculture, operations shall implement a soil and water
conservation district approved conservation plan, including the use of Best
Management Practices, as applicable to the specific area being cleared.
(5) The removal of any protected tree, specimen tree, or other tree which has been
destroyed or damaged beyond saving, or which constitutes an immediate peril to life
or property.
(6) Tree removal, land clearing, or grubbing of any vegetation, including protected trees
and specimen trees, but not including mangroves or dune vegetation, within ten (10)
feet of a house.
(7) Land -clearing or grubbing of vegetation, except for ,
mangroves, dune vegetation, or any native vegetation in a conservation easement,
upon any detached single-family residential lot or parcel of land having an area of
one (1.0) acre or less, provided this exemption shall not be construed to allow land -
clearing or grubbing without permit on any such lot or parcel by its subdivider unless
Bold Underline: Additions to Ordinance 2
StFi a thFOagh: Deleted Text from Existing Ordinance
C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-026 927 TP and LC.doc
ORDINANCE 2012-026
the subdivider intends in good faith to forthwith begin construction of a dwelling unit
or units upon said lot. Advertisement or listing for sale of the particular lot or parcel
without the dwelling unit shall create a presumption that the subdivider does not
intend to forthwith begin such construction and that the intent is for the lot or parcel
to be developed by a subsequent purchaser.
(8) Tree removal, except for mangroves, dune vegetation, or native trees in a
conservation easement, upon any detached single-family residential lot or parcel
of land having an area of one (1.0) acre or less.
- an), homesteaded single family lot of par -eel ene (1) aere of less in size -,-of
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.
(9) Removal and replacement of landscape material planted during or after site
development, including canopy trees, subiect to the previsions of County Code
Chapter 926, Landscape and Buffer Regulations.
SECTION #2:
Amend LDR Chapter 927, Tree Protection and Land Clearing, Section 927.17, Penalties and
enforcement, to read as follows:
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);
Bold Underline: Additions to Ordinance 3
Stfike thFOUgh:: Deleted Text from Existing Ordinance
C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-026 927 TP and LC.doc
ORDINANCE 2012-026
(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 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, except as
pertaining to protected cabbage palms (Sabal palmetto), shall be subject to a fine of one
thousand dollars ($1,000.00). Any person, who without a required permit removes, destroys, or
kills a protected cabbage palm shall be subiect to a fine of two hundred fifty dollars ($250.00).
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.
(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 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.
Bold Underline: Additions to Ordinance 4
St-v�rike thF@ gh:: Deleted Text from Existing Ordinance
C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-026 927 TP and LC.doc
ORDINANCE 2012-026
(b) For high quality vegetation removal, a base fee of 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 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 penalty, the area that was illegally cleared or on which
protected trees or specimen trees were illegally removed shall be revegetated under
the following circumstances:
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)l. 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.
Bold Underline: Additions to Ordinance 5
Wille tkOkfgl} Deleted Text from Existing Ordinance
C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-026 927 TP and LC.doc
ORDINANCE 2012-026
The purpose of the revegetation plan is to establish a native plant community to
replace the plant 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 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 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
iadividtW single family lots or- par -eel-,, 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 faet pefmits shall not be issued for- unpefmiaed land elear-ing or tree r-eme
aefivities asseeiated with non individeal single family lot or- par -eel land elear-ing.
(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 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 (1) 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
Bold Underline: Additions to Ordinance 6
Strike threegh} Deleted Text from Existing Ordinance
C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-026 927 TP and LC.doc
ORDINANCE 2012-026
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.
SECTION #3: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and
be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION #4: REPEAL OF CONFLICTING ORDINANCES.
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with
the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word.
SECTION #6: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 9th day of June, 2012, for a public
hearing to be held on the 19th day of June, 2012, and on the 30th day of June, 2012 for a second
public hearing to be held on the l Oth day of July, 2012, at which time it was moved for adoption by
Commissioner O'Bryan, seconded by Commissioner Solari, and adopted by the following vote:
Chairman Gary C. Wheeler Aye
Vice Commissioner Peter D. O'Bryan Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
Commissioner Bob Solari Aye
Bold Underline: Additions to Ordinance %
Sake through: Deleted Text from Existing Ordinance
C:\Documents and Settings\tlister\Desktop\2012-026 927 TP and LC.doc
41
A �A
rr �i cou
rr
rrr4 owrM�
ORDINANCE 2012- 026
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
Gary C. Wh er, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY:^\� O-Qx.w...
Deputy Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Alan Polackwich, Sr., County Attorney
>pment Director
Bold Underline: Additions to Ordinance
&mike threugh:: Deleted Text from Existing Ordinance
F:ACommunity Development\Users\CLIrDevAOrdinances\2012\7-10-12 BCC (PH2) LDRs\2012- 927 TP and LC'.doc