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HomeMy WebLinkAbout00-101 ORDINANCE NO. 00-010 2 3 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND 4 DEVELOPMENT CODE BY AMENDING SECTION 6.00.00 VEGETATION 5 PROTECTION AND PRESERVATION, TO PROVIDE FOR CLARIFICATION 6 AND GENERAL AMENDMENTS AS FOLLOWS; AMENDING SECTION 7 6.00.03(A) TO CLARIFY WHEN A VEGETATION REMOVAL PERMIT IS 8 REQUIRED; BY AMENDING SECTION 6.00.04(A),(B), (C), (D), (E) AND 9 (J), EXEMPTIONS TO PROVIDE THAT THE EXEMPTIONS DO NOT 10 APPLY TO PROTECTED NATIVE TREES, TO ADD THE WORD ANY TO 11 THE DESCRIPTION OF PROTECTED VEGETATION; BY AMENDING 12 SECTION 6.00.04(E), EXEMPTIONS, TO INCREASE THE PERIOD FROM 13 FIVE TO EIGHT YEARS WHEN A PROPERTY MUST REMAIN IN 14 AGRICULTURE IF IT IS CLEARED WITHOUT BENEFIT OF AN 15 AGRICULTURAL EXEMPTION BEING IN PLACE; BY AMENDING 16 SECTION 6.00.04(G), EXEMPTIONS, TO PROVIDED THAT NO 17 PROTECTED TREES 24" OR GREATER SHALL BE REMOVED FROM A 18 RESIDENTIAL PARCEL, REGARDLESS OF PARCEL SIZE EXCEPT FOR 19 A BONA FIDE AGRICULTURAL USE, WITHOUT A VEGETATION 20 REMOVAL PERMIT AND MITIGATION PLAN AND TO PROVIDE FOR 21 CERTAIN RELIEF FROM THE REQUIREMENTS OF MITIGATION FOR M -n 22 RESIDENTIAL PARCELS LESS THAN'/s ACRE IN SIZE; BY AMENDING CS3 hs: L= k 23 SECTION 6.00.05(A) AND (B), CRITERIA GOVERNING THE ISSUANCE c - m 24 OF PERMIT, BY CLARIFYING THE INTERNAL RESPONSIBILITIES FOR Cr C3 25 THE PROCESSING OF ALL VEGETATION REMOVAL PERMITS BY z 26 AMENDING SECTION 6.00.05(C), CRITERIA GOVERNING THE 27 ISSUANCE OF PERMIT, BY AMENDING THE STANDARDS FOR THE ) c s 28 PROTECTION OF VEGETATION TO BE LEFT ON A PARTICULAR cD 'D m 29 PROPERTY FOLLOWING PERMITTED LAND CLEARING ACTIVITIES; ' `M 30 BY AMENDING SECTION 6.00.05(D), CRITERIA GOVERNING THE µ -n 31 ISSUANCE OF PERMIT, BY AMENDING THE TREE PROTECTION AND W 32 MITIGATION REQUIREMENTS WHEN A PROTECTED TREE IS rn 33 REMOVED; AND BY AMENDING SECTION 11.05.06, VEGETATION F" M- 34 REMOVAL PERMIT TO CHANGE THE REFERENCES FROM s '' � 35 COMMUNITY DEVELOPMENT DIRECTOR TO PUBLIC WORKS 36 DIRECTOR; BY AMENDING SECTION 11.05.06(B)(2)(A)(4) TO REQUIRE 37 THAT TREES THAT ARE 12 INCHES, OR GREATER, IN DIAMETER AT 38 BREAST HEIGHT (D.B.H.) EXCEPT FOR PALMS WHICH SHALL HAVE L4 t Q1 Underline is for addition SL.ikc- -21— 2h is for deletion s Ordinance #00-010e Page 1 Final PRINT DATE: 06/13/00 r i -[: 1 0 9 A MINIMUM CLEAR TRUNK OF TEN (10) FEET BE SHOWN ON A TREE SURVEY; BY AMENDING SECTION 11.05.06(F) TO PROVIDE FOR REMEDIAL MITIGATION IN THE EVENT OF A VIOLATION BY PROVIDING FOR CONFLICTING PROVISIONS; BYAMENDING SECTION 11.11.01(B)(2) TO PROVIDE FOR THE APPEAL OF ANY DETERMINATIONS MADE BY PUBLIC WORKS DIRECTOR REGARDING THE DEVELOPMENT OF AN ESTIMATE OF THE NUMBER, TYPE AND SIZES OF THE TREES IMPROPERLY REMOVED; BY AMENDING SECTION 11.05.06(G) TO CLARIFY THE APPEALS PROCESS OF THIS SECTION; BY PROVIDING FOR CONFLICTING PROVISIONS; BY PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 - March 14, 1991 91-09 - May 14, 1991 91-21 - November 7, 1991 92-17 - June 2, 1992 93-01 - February 16, 1993 93-03 - February 16, 1993 93-05 - May 25, 1993 93-06 - May 25, 1993 93-07 - May 25, 1993 94-07 - June 22, 1994 94-18 - August 16, 1994 94-21 - August 16, 1994 95-01 - January 10, 1995 96-10 - August 6, 1996 97-01 - March 4, 1997 97-09 - October 7, 1997 97-23 - September 2, 1997 99-01 - February 2, 1999 99-02 - April 6, 1999 99-03 - August 17, 1999 99-04 - August 17, 1999 99-05 - July 20, 1999 99-15 - July 20, 1999 99-16 - July 20, 1999 99-17 - September 7, 1999 99-18 - November 2, 1999 3. On February 17, 2000, the Local Planning Agency/ Planning and ----------- --------------------- Underline is for addition SL'ik. Th—jji. is for deletion Ordinance #00-010e Page 2 Final PRINT DATE: 06/13/00 c� L m M M ND r13 1 0 0 Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. On April 18, 2000, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on April 7, 2000. 5. On May 16, 2000, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on May 4, 2000, and continued the public hearing on this ordinance until June 13, 2000. 6. On June 13, 2000, this Board continued with the public hearing on the proposed ordinance and accepted additional public comments and testimony. 7. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: CHAPTER VI RESOURCE PROTECTION STANDARDS ----------- --------------------- Underline is for addition SLiik. Th--jL is for deletion Ordinance #00-010e Page 3 Final PRINT DATE: 06/13/00 ca C3 cI M -0 X> M m N3 L.3 L4 1 2 6.00.00 VEGETATION PROTECTION AND PRESERVATION 6.00.01 INTENT It is the intent of the Board of County Commissioners to provide for the health, safety, and welfare of the residents of and visitors to St. Lucie County by establishing an administrative review process which encourages preservation of native habitat in accordance with the St. Lucie County Comprehensive Plan and beneficial land and forest management practices by minimizing the unnecessary removal of valuable existing vegetation in advance of approved land development within the unincorporated area of St. Lucie County. In addition, it is the intent of the Board to prevent such destructive land development practices as speculative grubbing and clear cutting of land without a site plan or vegetation management plan. 6.00.02 RELATIONSHIP TO OTHER SECTIONS OF THIS CODE A. The provisions of the following Sections shall supersede the provisions of this Section to the extent of conflict. 1. Mangrove Protection, Section 6.01.00; 2. Environmentally Sensitive Lands, Section 6.02.00. 6.00.03 VEGETATION REMOVAL PERMIT REQUIRED A. No person shall remove or alter any protected vegetation from or on any lot or parcel of land or portion thereof in the unincorporated area of St. Lucie County without first obtaining a Vegetation Removal Permit from the Community Development Director Public Works Director unless exempt under Section 6.00.04 of this Code. The Veqetation Removal Permit application shall be completed in conformance with Section 11.05.06 of this code. Protected veqetation shall include all native vegetation. B. Unless otherwise provided in this Code, all public entities, including all departments of St. Lucie County government, shall be subject to the requirements of this Section. Public entities, however, shall not be subject to: The permit application fees under Section 11.12.00 of this Code; or 2. The penalties under by Section 11.13.03 of this Code. C. The provisions of this Section may be suspended or waived by the Community Development ENreeter Public Works Director during a period of emergency officially declared by the Board of County Commissioners. 6.00.04 EXEMPTIONS Underline is for addition 3L-Lk.. TI--j . is for deletion Ordinance #00-010e Final Page 4 PRINT DATE: 06/13/00 0 t-1 �a rx� c, M ra r1a L4 -;I- Notwithstanding anything to the contrary in this Chapter, the activities set forth below shall not require the issuance of a Vegetation Removal Permit. The burden of proving entitlement to any particular exemption shall lie, at all times, with the person claiming the exemption. These exemptions shall not apply to the removal or alteration of any mangrove tree of , dune vegetation or native trees protected as per Section 6.0O.O5(D). A. The removal or alteration of a v protected vegetation as necessary for the following activities: 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 bona fide site development plans or vegetation inventories; or 2. The clearing of a path not to exceed ten (10) feet in width to provide vehicular access necessary to conduct soil percolation or soil bore tests, provided such clearing or removal is conducted under the direction of Florida registered surveyor or engineer. Any person who intends to remove or alter any protected vegetation pursuant to the above exemption must notifythe Community Dcvclopment Diroctor Public Works Director in writing at least two (2) days prior to the commencement of the removal or alteration. B. Routine landscape maintenance such as trimming or pruning of protected vegetation which is not intended to result in the eventual death of the vegetation, mowing of yards or lawns, or any other landscaping or gardening activity which is commonly recognized as routine maintenance, replacement or relandscaping. C. The removal or alteration of any protected vegetation in an existing utility easement or right-of-way C) provided such work is done by or under the control of the operating utility company and that M company has obtained all necessary licenses or permits to provide utility service through the easement. ca D. The removal or alteration of any protected vegetation for the purpose of maintaining existing access to a site. co E. The removal or alteration of protected vegetation undertaken by a lawful operating and bona fide M. M commercial nursery, tree farm, agricultural operation, ranch, or similar operation, provided that the rla removal or alteration is performed on land owned or lawfully occupied by the person conducting the N a� above operation and is performed pursuant to that operation. When removal or alteration of protected vegetation, other than routine maintenance, has been performed under this exemption no development order shall be approved for any other use or improvement on the same land within either: Two (2) years from the date of completion of such vegetation removal or alteration provided that an agricultural classification has been granted for that land by the St. Lucie County Property Appraiser; or, 2. Five (5) Eight (8) years from the date of completion of such vegetation removal or alteration if no agricultural classification has been granted bythe St. Lucie County Property Appraiser. ----------- --------------------- Underline is for addition SL,Ikc Tl--yL is for deletion Ordinance #00-010e Page 5 Final PRINT DATE: 06/13/00 No removal or alteration of protected vegetation shall be conducted pursuant to this exemption unless the person conducting that removal or alteration notifies the Community Dcvclopmcnt Bireeter Public Works Director, in writing, of the intent to remove or alter protected vegetation pursuant to this exemption at least ten (10) days prior to the initiation of the removal or alteration. F. The removal of protected vegetation which has been destroyed or damaged beyond saving by natural causes or causes not covered by other sections of this Chapter or which constitutes an immediate peril to life, property, or other trees. G. The removal or alteration of protected vegetation, except mangrove or dune vegetation or native trees protected as per Section 6.00.050, upon any detached single family residential lot or parcel of land having an area of one (1) acre or less. This exemption is, however, subject to the following conditions: Nothing in this exemption shall exempt any person from the landscaping requirements set forth in Section 7.09.00 of this Code; 2. This exemption shall not be construed to allow the removal or alteration of protected vegetation without a Vegetation Removal Permit on any exempted lot or parcel of land by its subdivider unless the subdivider intends in good faith to construct a residential unit or units upon the lot or parcel of land prior to its sale. Advertisement or listing the lot or parcel of land for sale without a residential unit shall create a presumption that the subdivider does not intend to construct such a unit and that the intent is for a subsequent purchaser to develop the lot or parcel. 3. No protected tree twenty-four inches (24"), or greater, dbh shall be removed from anv residential parcel (includinq those in the AG-5, AG-2.5, AG-1, AR-1, RE-1, and R/C zoninq districts), regardless of parcel size, except for bona -fide aqricultural uses, without an approved Veqetation Removal Permit and an approved mitigation plan, except that the Public Works Director may waive the requirements for mitigation on individual residential lots Y2 acre or less where a protected tree 24" dbh or greater must be removed in order to provide for the reasonable use of the property. H. Vegetation removal or required by law, ordinance, or the lawful exercise of some other public or governmental authority. Mining activities undertaken pursuant to a valid mining permit issued under Section 11.05.11 of this Code. The removal or alteration of any nonprotected vegetation. 6.00.05 CRITERIA GOVERNING ISSUANCE OF PERMIT A. CRITERIA FOR ISSUANCE Underline is for addition 3L.ik. T' ­ ,j11 is for deletion Ordinance #00-010e Page 6 Final PRINT DATE: 06/13/00 tz.+ C3 c� c.4 -cs M rn n3 r.3 c..•a ON 0 The Public Works Director, in consultation with the Community Development Director, shall issue a Vegetation Removal Permit only if a completed application has been submitted to the Public Works Director, and is accompanied by sufficient evidence demonstrating that at least one of the following criteria has been satisfied: 1. The R removal or alteration of the protected vegetation is necessary in order to implement a Final Development Order. 2. A Final Development Order has not been issued, or is not required by this Code for the intended non-agricultural use of the land and, a. The proposed removal or alteration of protected vegetation is not to be performed pursuantto the operation of atree farm, commercial nursery, agricultural operation, ranch or similar operation; and, b. The proposed removal or alteration of protected vegetation is the minimum necessary to allow for the construction of the intended use or improvement; and, C. The applicant has provided the Community Dcvclopmont Diroctor Public Works Director a survey of the property outlining the areas of proposed vegetation removal or alteration including the location of all trees as outlined in Section 11.05.06(2)(A)(4). d. The applicant has provided the Community Dcvalopmont Director Public Works Director a written plan to control erosion which may be expected to occur as a result of the proposed vegetation alteration or removal. The erosion control plan must be approved by the Community Dcvelopment Diroctor Public Works Director prior to the commencement of any vegetation removal or alteration. All provisions of the plan shall be incorporated as express conditions of any permit issued under this paragraph. 3. The protected vegetation is located within an existing or proposed right-of-way, utility easement, drainage easement or stormwater management tract or facility. 4. The protected vegetation is located where it creates or will create a safety or health hazard, or a nuisance with respect to existing or proposed structures orvehicle or pedestrian routes. LIMITING REMOVAL OR ALTERATION The extent of approval to remove or alter any protected vegetation shall be limited by the Community Dcvclopmont Director Public Works Director to the minimum necessary to accomplish the purpose of the removal or alteration. This may include limiting the extent of approval to portions of a lot or parcel of land or specifying special conditions by which removal shall take place. Such limitation shall be clearly indicated in writing on or attached to the Vegetation Removal Permit. If vegetation removal is limited to a portion of a lot or parcel of land, the extent of such limitation shall be clearly delineated on the face of any site development plans. The application for Vegetation Underline is for addition 3L�ik. T11-9L is for deletion ordinance #00-010e Page 7 Final PRINT DATE: 06/13/00 1 Removal Permit shall demonstrate consistency with the requirements of Section 7.09.03(E)(7). C. VEGETATION PROTECTION STANDARDS The following minimum standards for vegetation protection shall be applied to any area of vegetation designated to be preserved under the terms of an approved Vegetation Removal Permit: A conspicuous, suitable protective barrier, constructed of to metal, wood, safetv fencing or other durable material, shall be placed and maintained around individual protected trees, as follows: a. At a minimum distance of six (6) feet or more from all species of mangroves; or b. At a minimum distance of eitherek-(6}ten 10 feet ortwo-thirds (2/3) of the radius of the dripline from all protected hardwood trees, whichever is greater; or C. At a minimum distance of either six-(6} ten 10 feet or the radius of the dripline from all protected conifer trees, whichever is greater; or d. At a minimum distance of two (2) foot from the trunk of all protected palm trees; or e d. As otherwise provided in special conditions attached to a Vegetation Removal Permit. Rope, plastic tape, ribbons, or similar material shall not be considered to be a suitable protective barrier around individual protected trees, except for those trees located on residential parcels less than two (2) acres in area, where the likelihood of significant mechanical disruption to the property and the individual protected tree is the lowest. 2. Unless otherwise provided by law or in the terms of special conditions attached to a Vegetation Removal Permit, groups of protected trees or areas of vegetation to be preserved shall not require protective barriers. However, such areas shall be prominently highlighted by the installation of stakes at a maximum of fifty (50) twenty (20) feet apart. Ropes, plastic tape, ribbons, or similar material shall be attached to the stakes around the perimeter of the protected area to form a continuous unbroken perimeter around the areas to be protected from clearing activities. No marking materials shall be attached to a protected tree. Special care shall be taken that preservation areas are properly marked so that equipment operators can see the limits of permitted removal activity. 3. Protective barriers or protective designations shall remain in place until removal is authorized by the Community Dcvclopment Public Works Director or until issuance of a certificate of occupancy. In the event that any protective barriers are removed or altered and clearinq activities are conducted within an area identified for preserve under the issued vegetation removal permit, the Public Works Director is authorized to direct that all land clearinq and site Underline is for addition SLi Lk. Th.: ,jj1. is for deletion Ordinance #00-010e Page 8 Final PRINT DATE: 06/13/00 CM m -0 Uri M rya ILA m 01 0 alteration work at the site be stopped until the barriers are restored and anv necessary corrective actions taken to repair or replant anv vegetation removed or damaqed as a result of these encroachments. 4. The entire vegetation preservation area shall cithor bc: be maintained in its natural state so as not to alter the water and oxvgen content of the soil and upset its natural function. a. Maintainod in its natural state; or b. r'rovided with permeable landscape material, such as grass, ground cover, or mulch; or C. Designed to conform to the landscaping roquirernents of this Code. 5. No grade changes shall be made within the vegetation preservation area that require trenching or cutting of roots, except in compliance with the terms of special conditions in an approved Vegetation Removal Permit. Ditching for underground irrigation and utility lines within vegetation protection areas shall be done in a way that plant root systems are protected to the greatest extent possible. These modifications shall be based upon the suqqested standards in the latest edition of the "Tree Protection Manual for Builders and Developers" published by the Division of Forestry of the Florida Department of Agriculture and Consumer Services, or a similarly recognized reference manual. 6. No soil shall be removed from within a vegetation preservation area. 7. No fill material, construction material, concrete, paint, chemicals, or other foreign materials shall be stored, deposited or disposed of within a vegetation preservation area.a tv 8. No signs, permits, wires, or other attachments, other than those of protective and non- C) damaging nature, shall be affixed or attached to protected vegetation. 7Z CA 9. If landscaping is to be installed within a vegetation preservation area after removal of protective barriers or designations, installation shall be accomplished using light machinery and hand labor. rn r13 10. 1 leavy machineryAnv equipment, including passenger vehicles, shall not be driven, parked, or stored or repaired within designated vegetation preservation areas. �0 11. Vegetation destroyed or damaged as part of the development of a site or parcel, shall be replaced by vegetation of equal environmental value as specified by the Public Works Director, in consultation with the Communitv Development Director, before anv occupancy or final use permit authorizations are issued. D. TREE PROTECTION AND MITIGATION Prior to the removal and/or grubbing of native vegetation for the purpose of implementing a final Underline is for addition 3L.A— Th--jll is for deletion Ordinance #00-010e Page 9 Final PRINT DATE: 06/13/00 development order, the removal plan must demonstrate that reasonable efforts have been made to micro -site impervious surfaces to protect such vegetation. Any native tree at least 2012 inches in diameter at breast height (D.B.H.) (except for palms which shall have a minimum clear trunk of ten 00) feet) shall be preserved and protected in accordance with Section 6.00.05(C), unless the tree is determined to be a safety hazard, prevents the reasonable development of the site, is causing damage to structures or more desirable trees around it, is infected with disease or is infested with insects. The developer applicant for veqetation removal ep rmit shall demonstrate why the tree is a hazard, diseased, infected, infested or why it is not practically feasible to develop the parcel without removing the tree. The Community Development Public Works Director, shall determine the appropriateness of any such claim and shall consult with the St. Lucie Urban Forester and the St. Lucie County Agricultural Extension Scrvice. When a native tree at least 2012 inches D.B.H. (except for palms which shall have a minimum clear trunk of ten 00) feet) is considered to be healthy and the Community Development Public Works Director has approved its removal based on meeting one or more of the above standards, the Vegetation Removal Permit shall only be issued after an acceptable mitigation plan has been reviewed and approved by the Community Devolopment Public Works Director. Prior to the issuance of any zoning compliance, certificate of capacity or other recognized authorization for the commencement of the permitted development activity, the replacement trees shall be planted, relocated or preserved or the appropriate mitigation fees shall be paid to the County. Mitigation shall be required for the loss of any healthy, native tree of at least 20 12 inches D.B.H. (except for palms which shall have a minimum clear trunk of ten 00) feet) and shall include the following: 1. the replacement trees, either preserved, relocated or newly planted, shall be of the samecm or other native species as the tree(s) approved for removal; S 2. the quality and size of the replacement trees shall meet the minimum landscape requirements set forth in Section 7.09.03(C); 3. the quantity of replacement trees, for each species approved for removal, shall be at a ratio of eme two inch D.B.H. per one inch D.B.H. removed, except that each palm tree that is rn preserved throuqh on -site protection or relocation will count towards any required palm tree rn mitigation requirement at a ratio of one palm tree preserved/relocated is equal to one palm tree removed. The following mitigation credits shall apply to all other tree species: C) a. all native trees protected on -site that are in excess of the minimum requirements of Section 7.09.03(G)(E) will count as a credit toward the required mitigation of any protected trees that may be removed as part of the vegetation removal permit. For each inch of a tree qreater than 3 inches D.B.H. saved that is preserved through on -site protection a credit of 6.-25 one inch preserved for one inch removed will be granted towards fire any. required mitigation. trots planted, preserved or relocated on -site, which cxceod the minimum landscape requirements of this Code shall count as equivalent replacement D.B.I I. Underline is for addition SL,iKc Tli­yL is for deletion ordinance #00-010e Final Page 10 PRINT DATE: 06/13/00 • • E 4. 5. if tho trots are of the same spocics as the native tree roquiring mitigation; all native trees relocated on -site, that exceed the minimum requirements of Section 7.09.03(E), will count as credit towards the required mitiqation of any protected trees that may be removed as part of the veqetation removal permit. For each inch of tree qreater than 3 inches D.B.H. relocated on -site, a credit of one inch relocated for one inch removed will be qranted towards any required mitiqation. C. trees plantod, preserved or rclocatod on site which cxeood the minimum landscape code shall count as half orodit towards the mitigation roquirements if such trots are not of the same species as the native trot requiring mitigation but arc native and drought tolerant species; all native trees planted on -site, that exceed the minimum requirements of Section 7.09.03(E), will count as credit towards the required mitigation of anv protected trees that may be removed as part of the vegetation removal permit. For each inch of tree qreater than 3 inches D.B.H. planted on -site, a credit of one inch planted for one inch removed will be granted towards anv required mitiqation. The replanting design shall provide adequate space for root and crown development; When the property being developed is not appropriate for on -site mitigation, the developer may mitigate off site on public lands in the County in the following manner: a. obtain written permission from the appropriate public entity to implement the necessary replanting plan. The developer shall provide all necessary services to implement the replanting plan, including but not limited to funding, plant materials and labor; or b. contribute $200 per inch DBH required for mitigation to the Countyto be used at the County's discretion for either the acquisition and maintenance of publicly owned environmentally unique lands, or to be used for relocating or replanting native trees on public lands. Any such work shall be performed by a qualified professional. 6. As part of the issuance of anv Final Development Order/Permit requirinq the mitigation of trees as set forth in this code, the property owner shall submit to an inspection of the planted/preserved materials 18 months after the issuance of a certificate of occupancy or other use authorization as may be qranted by the Public Works Director for the County. If it is determined that the planted/preserved trees are dead, diseased or otherwise not in compliance with the provisions of this Code and the original approved mitigation plan, the property owner shall be provided notice and directed to correct any observed deficiencies and replace all noncompliant trees within 60 days. Failure to maintain all required mitiqation shall be grounds for referral to the Code Enforcement Board for appropriate enforcement actions. The Public Works Director is authorized to include within the building permit fee, adequate charges to cover the costs of enforcing the requirements of this section. SUPPLEMENTAL REQUIREMENTS Underline is for addition SL�ik_ TH--jL is for deletion Ordinance #00-010e Page 11 Final PRINT DATE: 06/13/00 1 2 3 4 5 6 7 8 9 10 11 12 The Community Development Director may impose supplemental requirements as a special condition of a Vegetation Removal Permit when necessary to carry out the intent of this Section. These supplemental standards shall be based upon the suggested standards in the latest edition of the "Tree Protection Manual for Builders and Developers" published by the Division of Forestry of the Florida Department of Agriculture and Consumer Services, or a similarly recognized reference manual. CHAPTER XI ADMINISTRATION AND ENFORCEMENT 11.05.00 PROCEDURE FOR OBTAINING DEVELOPMENT PERMITS 11.05.06 VEGETATION REMOVAL PERMITS A. GENERAL PERMIT REQUIRED 1. No person shall remove or alter protected vegetation from or on any lot or parcel of land in the unincorporated area of St. Lucie County without first obtaining a Vegetation Removal Permit from the Public Works Director Community Development Director, unless exempt under Section 6.00.04 of this Code. 2. Any person desiring a Vegetation Removal Permit shall make written application to the Public Works Director Community Development Director, using forms provided by the Director. 3. Unless exempt under Section 6.00.04 of this Code, a Preliminary Vegetation Removal plan shall be required with all site plans submitted in accordance with Section 11.02.00. A preliminary vegetation removal plan shall be in substantial conformitywith the requirements of this Section, and Section 6.00.00 of this Code. A preliminary vegetation removal plan does not result in an authorization to commence any vegetation removal or alteration. A preliminary vegetation removal plan is intended to generally identify the existing vegetative communities on the proposed development site. Prior to the commencement of any vegetation removal or alteration activities a formal Vegetation Removal permit is required. B. APPLICATION REQUIREMENTS 1. The application form shall be accurately completed, signed by the land owner or his agent and notarized. If the application is submitted by an agent, it shall include a notarized statement clearly indicating that the land owner has delegated full authority to the agent to apply for the permit and that the owner accepts any special conditions which may be Ordinance #00-010e Final Underline is for addition 3L—LK� Tli-91, is for deletion Page 12 PRINT DATE:'06/13/00 c� a� tZ c3 0 L4 I" ca -n s5 m rv3 I imposed by the Public Works Director Community Dcveiopment Director, pursuant to this 2 Code. 3 4 2. Each application for a Vegetation Removal Permit shall be accompanied by a: 5 6 a. Vegetation inventory which shows: 7 8 1. The approximate location, extent and general type of all vegetation on the 9 subject lot or parcel of land, including common of and scientific names of 10 the major groups of vegetation; 11 12 2. All protected vegetation proposed for either removal or preservation; 13 14 3. The proposed buildings, structures, driveways, and other improvements 15 drawn to scale; and 16 17 4. An illustrative plan of the existing vegetative conditions on the proiect site, 18 includinq an identification of what areas will be impacted bV the proposed 19 development activity and what areas are proposed for 20 protection/preservation. The individual locations of all County -protected 21 trees, having the following minimum diameter (DBI 1) or greater, that are 22 12 inches, or greater, in diameter at breast height (D.B.H.), except for 23 palms which shall have a minimum clear trunk of ten (10) feet, that are 24 located within all areas of proposed improvement and within twenty (20) 25 feet of all proposed improvement areas shall be shown on the illustrative 26 plan. For the purposes of this requirement, improvement areas shall 27 include all subdivision lot lines and maximum buildable areas, as identified 28 in Section 11.02.10 (A)(3)(d). 29 30 MINIMUM. DIAMETCR:AT BnEAST HEICI IT (DBI.1) 31 Type of Tree I Minimum Diamctor::' .. 32 Slash Pinc & Palm Trce #{r' 33 Oaks (all species) and other #-2" 34 County protected Trees 35 (cxcept as noted herein) 36 Tropical/Subtropical Specics 8r 37 38 39 3. The Public Works Director Community Dcvclopment Director, may require that the 40 application include such additional information necessary for adequate administration of this 41 Section. 42 43 4. Two (2) copies of the application and accompanying documents shall be submitted to the ----------- --------------------- Underline is for addition SL�ikt Th—u-jh is for deletion ordinance #00-010e Page 13 Final PRINT DATE: 06/13/00 M �a Public Works Director Community Development Director,. 5. The completed application shall be accompanied by an application review fee established in accordance with Section 11.12.00 of this Code. Additionally, Payment of applicable permit and inspection fees, established in accordance with Section 11.12.00 of this Code, shall be required prior to issuance of the Notice of Intent as described Section 11.05.06(D) of this Code. 6. The filing of an application shall be deemed to extend permission to the Public Works Director Community Development Director, or his designee to inspect the subject site for purposes of evaluating the application. C. REVIEW OF APPLICATIONS FOR VEGETATION REMOVAL PERMITS The Public Works Director Community Development Director, shall review each Vegetation Removal Permit Application and render a determination of completeness within two (2) working days of submission. If the application is determined incomplete, it shall be returned to the applicant with an identification of the areas in which a deficiency exists. Any application determined to be incomplete must be returned to the Public Works Director Community Dcvelopment Director, within thirty (30) days of the date of notification of incompleteness. Any application not returned within that time shall be subject to the payment of a new application fee. 2. Within twenty (20) days after an application has been determined to be complete, the Public Works Director Community Development Director, shall reviewthe application and approve, approve with conditions or deny the application, based on the standards set forth in Section 6.00.05 of this Code. If no decision is issued within thirty (30) days from the initial date of submission of the application, the application shall be deemed to have been approved in accordance with the information provided in the application. D. PROCEDURES FOR ISSUANCE OF VEGETATION REMOVAL PERMITS The Public Works Director Community Development Director, shall conduct an inspection of the proposed development site and upon determination of compliance with the provisions of Section 6.00.00 of this code, shall issue a Vegetation Removal Permit. No Vegetation Permit shall be issued until the Public Works Director Community Development Director, has verified compliance with the provisions of Section 6.00.00 of this code. A Vegetation Removal Permit may be issued on site. 2. Once issued, a Vegetation Removal Permit must be prominently displayed upon the subject site. E. TERM OF VEGETATION REMOVAL PERMITS Underline is for addition 3L�iKr= Th—jh is for deletion Ordinance #00-010e Final Page 14 PRINT DATE: 06/13/00 c� 0 c..a M G-a M r%3 F A Vegetation Removal Permits issued with a Final Development Order shall be valid for the term of the Final Development Order and shall be renewed, as necessary, with the-si* development plan Final Development Order. Vegetation Removal Permits issued without a Final Development Order shall remain valid for a term of six (6) months and may be renewed for a second six (6) month period. A request for renewal must be made in writing to the Public Works Director Community Dcvelopmcnt Director prior to the expiration of the permit. If the Public Works Director Community Dcvelopment Diroctor determines that 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 nature, the Director may require reapplication and full review. The determination of the Public Works Director Community Developmont Diroctor regarding the necessityfor reapplication and review shall be made within ten (10) working days of receipt of a written request for renewal. If such a determination is not made within that period of time, the permit shall be automatically renewed. 3. Unless renewed as provided above, a Vegetation Removal Permit shall expire and become void if the work authorized by the permit is not commenced within six (6) months after the date of the permit. 4. Unless renewed as provided above, a Vegetation Removal Permit shall expire and become void if authorized removal work, once commenced, is suspended, discontinued, or abandoned for a period equal to or greater than six (6) months. 5. If a Vegetation Removal Permit expires or becomes void after work has commenced, a new permit must be obtained before work is resumed. Any new application for a Vegetation � Removal Permit must comply with all applicable standards in effect that the time of tZ reapplication. M r� LA VIOLATIONS co 1. If the Public Works Director Community Developmcnt Director determines that any land all development activity violates the terms or conditions of an issued Vegetation Removal Permit or the provisions of this Code, the Director may issue a Stop Work Order on the development site in question and process the violation for appropriate review and cn enforcement in accordance with Section 11.13.03 of this Code. 2. If the Public Works Director determines that any land development activity violates the terms or conditions of an issued Vegetation Removal Permit, or was conducted in the absence of a required Vegetation Removal Permit, the Public Works Director may direct that remedial mitigation throuqh new plantings, relocations or preservation be provided for as follows: a. all replacement trees, either preserved, relocated or newly planted, shall be of the same or other native species as the tree(s) removed; Underline is for addition 3L,ik- Tl--�j i is for deletion Ordinance 400-010e Page 15 Final PRINT DATE: 06/13/00 b. the quality and size of the replacement trees shall meet the minimum landscape requirements set forth in Section 7.09.03(C). The Public Works Director may require a minimum caliper of tree greater than that setforth in Section 7.09.O3(C) dependinq on specific site conditions and circumstances; C. the quantity of replacement trees shall be at a ratio of four (4) inchs D.B.H. per one (1) inch D.B.H. removed, except that for each palm tree that is removed the palm tree mitiqation requirement shall be at a ratio of one palm tree preserved/relocated for each palm removed. d. The replantinq design shall provide adequate space for root and crown development; e. The replanting desiqn shall include adequate understory and ground cover plants and materials as necessary to replicate the existinq native habitat that was improperly removed or disturbed; f. When the property being developed is not appropriate for on -site mitiqation, the developer may mitigate off site on public lands in the County in the following manner: obtain written permission from the appropriate public entity to implement the necessary replantinq plan. The developer shall provide all necessary services to implement the replantinq plan, including but not limited to fundinq, plant materials and labor; or 2. contribute $200 per inch DBH required for mitigation to the County to be used at the Countv's discretion for either the acquisition and maintenance of publicly owned environmentally unique lands, or to be used for relaatinq or replantinq native trees on public lands. Any such work shall be performed by a qualified professional. c� In the event that the Public Works Director is unable to determine the D.B.H. of trees removed through the improper land clearinq activitv, the Public Works Director shall request that the developer provide documentation verifyinq the number, tvpe and size of all trees removed. If the developer cannot provide this information, or if this information is determined by the Public Works Director to be incomplete, the Public Works Director may develop an estimate of the number, type and sizes of the trees removed. In determining this estimate, the Public Works Director shall use any and all available historical date and data of record for the property includinq, but not limited to, recent aerial and qround photographv of the site; site plan or survey data on file or that is otherwise available to the Countv, and any other credible information that can be used to provide an accurate representation of the property before it was improperly cleared. In the event that the developer disputes or otherwise does not aqree with the estimate determined by the Public Works Director, the developer may appeal this determination to the County Administrator. In the event that the developer does not aqree to the Underline is for addition 3L.ik� TI--j1I is for deletion Ordinance 400-010e Page 16 Final PRINT DATE: 06/13/00 9 01 decision of the County Administrator, the developer may appeal that determination to the Board of County Commissioners consistent with the procedures described in Section 11.11.01(13)(2) of this Code. h. As part of the mitigation agreement approved by the Public Works Director the property owner shall submit to an inspection of the planted/preserved materials 18 months after the approval of the mitiqation agreement. If it is determined that the mitigated planted or preserved trees and other materials are dead, diseased or otherwise not in compliance with the provisions of this Code and the oriqinal approved mitigation plan, the property owner shall be provided notice and directed to correct anv observed deficiencies and replace all noncompliant trees within 60 days. Failure to maintain all required mitiqation shall be grounds for referral to the Code Enforcement Board for appropriate enforcement actions. G. APPEALS Except as provided for in paraqraph (F)(2)(q) above, Aany final action by the Public Works Director Community Dsvelopmcnt Diroctor may be appealed to the Board of Adjustment, in accordance with the provisions of Section 11.11.00 of this Code. 11.11.00 APPEALS 11.11.01 GENERALLY A. PERSONS ENTITLED TO INITIATE APPEAL An appeal may be initiated by any person, officer, board, or bureau of St. Lucie County aggrieved by any order, decision, determination, or interpretation of any administrative official of the County with respect to the provisions of this Code. B. AUTHORITY Appeals of any order, determination, decision, or interpretation by any administrative official shall be heard and decided by one of the following appellate boards or officers: Appeals to the Environmental Control Board Appeals of decisions by any administrative official with respect to the permitting provisions shall be heard and decided by the Environmental Control Board, subject to the standards and procedures hereinafter set forth: a. Sea Turtle Protection (Section 6.04.02) b. Coastal Area Protection (Section 6.02.01) C. Wastewater & Sewage Disposal Compliance (Sections 7.08.03 and 11.05.09) d. Wetlands Protection (Section 6.02.03) Underline is for addition 9L—Lk. Th—gh is for deletion Ordinance #00-010e Page 17 Final PRINT DATE: 06/13/00 c� C3 cry �s m a --.3 e. Native Upland Habitat Protection (Section 6.04.01) 2. Appeals to the County Administrator Appeals of decisions by any administrative officer with respect to the following provisions shall be heard and decided by the County Administrator; subject to the standards and procedures hereinafter set forth: a. Adequate Public Facilities (Chapter V) b Determination of Required Vegetation Mitigation ( Section 11.05.06(F)(2)(g)) b c. Development Agreements (Section 11.08.00) e d. Vested Rights (Section 11.09.00) 3. Appeals to the Board of Adjustment Appeals of decisions by any administrative official with respect any of the provisions of this Code except those enumerated in paragraphs 1 and 2 above shall be heard and decided by the Board of Adjustment, subject to the standards and procedures hereinafter set forth. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. underline is for addition 3L,Ik� Thiouyl, is for deletion ordinance #00-010e Page 18 Final PRINT DATE: 06/13/00 C3 M W c3 c3 CA 3> M m r.3 N3 03 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman John D. Bruhn Vice Chairman Frannie Hutchinson Commissioner Paula Lewis Commissioner Cliff Barnes Commissioner Doug Coward PART H. CODIFICATION. AYE AYE AYE AYE AYE Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word 'ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ATTEST: ax1PUTY Ordinance #00-010e Final :NACTEEl:h` th day of June, 2000 W ra �., s� BOARD OF COUNTY COMMISSIONERS 1 ST. LUGIE abUNTY, FLORIDA aw -------------------------------- Underline is for addition 3L�iK- Tli�ouyh is for deletion Page 19 PRINT DATE: 06/13/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 DJM 56 00-010e(Lndcod00 -H) APPROVI F OUI ----------- --------------------- Underline is for addition 3Lzlk. T1--j1. is for deletion ordinance #00-010e Page 20 Final PRINT DATE: 06/13/00 LO M Cm G 1-4 CO -0 3> m N3 C)