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Home My WebLink About1986-57 (2)7/7/86 - FORMS No. 83-41 CODE ENFORCEMENT DeBlois/Jefferson INDIAN RIVER COUNTY ORDINANCE NO. 86- 57 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 231 OF THE CODE OF LAWS AND ORDINANCES, KNOWN AS THE TREE PROTECTION ORDINANCE; AMENDING THE DEFINITION OF LAND CLEARING; AMENDING PARAGRAPH 23J -7(A) TO ALLOW FOR THE EXEMPTION OF LAND CLEARING UNPROTECTED VEGETATION FOR THE PURPOSE OF VEHICULAR ACCESS FOR SOIL TESTING; AMENDING PERMIT RENEWAL CRITERIA; AMENDING DETERMINATION OF PROTECTED AREA; CREATING PARAGRAPH 231-16(B) TO ALLOW FOR THE ISSUANCE OF AFTER -THE - FACT PERMITS UNDER CERTAIN CIRCUMSTANCES; DELETING SECTION 231-20, EFFECTIVE DATE; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1 Paragraph 231-5(g) is hereby amended as follows: Section 231-5. Definitions. g) Land clearing: The refteval--o-r grubbing, by any means, of any type of vegetation from land not including, however, activities governed by tree removal or mangrove alteration permits. SECTION 2 Paragraph 231-7(a) is -hereby amended as follows: Section 231-7. Exemptions. Notwithstanding anything to the contrary in this ordinance, 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, 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. (a) The 4:±xft4:ted --p-rwull�lrng-- and -mt� i it removal, trim- ming, pruning or alteration of any unprotected tree or other vegetation as necessary for. CODING: Words in strttekthraugh type are deletions from existing law, words underlined are additions. F (1) 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 (2) 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. Yaragrapn zsj-llta) is neregy amenaea as iollows. (d) Any permit issued hereunder shall remain valid for a term of six (6) months and may be renewable for a second six (6) month 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 ordinance 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 23-12 is hereby amended as follows: The Environmental Planner shall review each application, and may inspect each site, for the purpose of making a determination as to the appropriate protected area to be designated for those protected trees on a given site. The protected area shall be established based upon consideration of the species, age, size, condition of the tree, or soil condition, topography, means of protective barrier proposed, or other relevant criteria, and shall be established for the purpose of ki protecting the roots and trunk of a protected tree both during and after construction. In no event shall the protected area 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 protected area may be established. SECTION 5 Section 231-16 is hereby amended as follows: (a) A violation of any provision of this ordinance 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 ordinance shall be considered a separate offense. The destruction of an historic or specimen tree, mangrove, or any dune vegetation, contrary to this ordinance shall receive the maximum penalty provided by law. Any violation of this ordinance is also subject to prosecution before the Indian River County Code Enforcement Board in accordance with applicable law and subject to penalties allowable under the Code Enforcement Board Ordinance. In addition to either of the foregoing remedies, the County or any aggrieved party having a substantial interest in the protections provided by this ordinance 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. (b) Permits required by this ordinance may be obtained after -the -fact for land clearing, tree removal, and mangrove alteration activities, upon determination by the Environmental Planner that such activities were performed in accordance with permit issuance criteria specified in Sections 23J-8 and 231-9. 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 231-11 (a) (6) . SECTION 6 Section 231-20 is hereby deleted. 6eet�e�-�3�-�6--E€€eet��e-Bate RPh}s-�rwc i=T -shall -m�-efrtem-a€€eet}ve--ate--law-meti�-th.e 8th-t�a3eda--€o-'�'Mawireg- the -e1mate-mrf--rreioemit-c3€-ae3�aew�ee�ge- ��a�ee name e-sha4ml rme,4emr6 �rtpt-moforefre 4tesn-pec tt€tee tear g,--w€tk-the s--wh±eh s k a + I - epp=1i-1-y- e€teeti�e-date-he�ee€- SECTION 7 REPEAL OF CONFLICTING PROVISIONS 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 Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 8 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 work, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 9 SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconsti- tutional, inoperative or void, such holdings shall not affect the I 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. SECTION 10 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 6thday of August 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER.COUNTY By C_ DON C. SCURLO K,+' -JR. Chairman Acknowledgment by the Department of State of the State of Florida this llthday of August 1986. Effective Date: Acknowledgement from the Department of State received on this 14th day of August., 1986, at10:00 A.M./P.M. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. By BRUCE BARKETT, Asst, County Attorney