HomeMy WebLinkAbout05-007
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
~ILE # 2567250 OR BOOK 2172 PAGE 1512, Recorded 02/28/2005 at 11:34 AM
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ORDINANCE NO. 05-007
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY
LAND DEVELOPMENT CODE BY AMENDING
CHAPTER 6.00.00 VEGETATION PROTECTION AND
PRESERVATION TO PROVIDE FOR A SERIES OF
GENERAL AMENDMENTS UPDATING, CLARIFYING
AND AMENDING THE COUNTY'S VEGETATION
PROTECTION AND PRESERVATION STANDARDS AND
REGULATIONS; AND AMENDING SECTION 11.05.06
VEGETATION REMOVAL PERMITS TO PROVIDE FOR
A CLARIFICATION OF THE PROCEDURES IN
REGARD TO THE ISSUANCE OF A VEGETATION
REMOV AL PERMIT; PROVIDING CONFLICTING
PROVISIONS; 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 determinations:
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:
91-003 -
91-021 -
93-001 -
93-005 -
93-007 -
94-018 -
95-001 -
97-001 -
97 -003 -
99-002 -
99-004 -
99-015 -
99-017 -
00-010 -
00-012 -
01-003 -
02-009 -
March 14, 1991
November 7, 1991
February 16, 1993
May 25, 1993
May 25,1993
August 16, 1994
January 10, 1995
March 4, 1997
September 2, 1997
April 6, 1999
August 17, 1999
July 20, 1999
September 7, 1999
June 13, 2000
June 13,2000
December 18,2001
March 5,2002
91-009-May 14, 1991
92-017 - June 2, 1992
93-003 -February 16,1993
93-006 - May 25, 1993
94-007 - June 22, 1994
94-021 -August 16, 1994
96-010 - August 6, 1996
97-009 - October 7, 1997
99-001 - February 2, 1999
99-03 - August 17, 1999
99-005 - July 20, 1999
99-016 -July 02,1999
99-018 - November 2, 1999
00-011 - June 13,2000
00-013 -June 13,2000
02-005 - June 24, 2002
02-020 - October 15, 2002
Underline is for addition
StJikc Tl"õt1gft is for deletion
Page I
OR BOOK 2172 PAGE 1513
02-029 -
04-002-
October 15,2002
January 20, 2004
03-005 -
October 7,2003
3. On April, 15, 2004, August 19, 2004, and October 28, 2004 the Local Planning
Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after
publishing notice in the Port St. Lucie News and the Tribune at least ten (10) days prior to the
hearing and recommended that the proposed ordinance be approved.
4. On December 21, 2004, 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
December 11, 2004.
5. On January 18, 2005, 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
January 3, 2005.
6. 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 COUNTY LAND
DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE:
****************************
CHAPTER VI
RESOURCE PROTECTION STANDARDS
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, and long-term sustainability of
our urban forest 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
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OR BOOK 2172 PAGE 1514
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County. Healthv vegetation reduces air and noise pollution. provides for the production of
oxygen and sequestering of carbon dioxide. Dfovides enenzv-saving shade and cooling, furnishes
habitat for wildlife. enhances aesthetics and property values. and is an important contributor to
communitv image. pride, and quality of life. In addition, it is the intent of the Board to prevent
such destructive land development practices as speculative &labL;ü& vegetation removal and clear cutting
of land without a site plan or vegetation management and mitigation 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.
1. Wetland Protection 6.02.03
1:... Coastal Area Protection 6.02.01
.2.., Shoreline Protection 6.02.02
.Q., Habitat of Endamzered and Threatened Species 6.03.00
6.00.03
VEGETATION REMOVAL PERMIT REQUIRED
NOTICE OF VEGETA TION REMOVAL REOUlRED
A. No person shall ICIllOv'- 01 AIt", Au] Plot..Gte.d conduct anv vegetation removal activities
from or on any lot or parcel of land or portion thereof in the unincorporated area of St. Lucie County
without first obtaining a "\:,~"tat;vu R"lUvvAl Pe.I...;t Notice of Vegetation Removal from the Public Works
Director, or his designee, or his designee. twlc.bS '-A,'-wpt uud,-. SCGtio,¡ 6.88.804 of the. Code. The
VG&Gtlltiol1 Rc.ntOv1l1 PC.I¡.Út Notice of Vegetation Removal application shall be completed in conformance
with Section 11.05.06 of this code. Protected vegetation shall inclttcIe be defined as native vegetation.
Types of Notice of Vegetation Removal approval include:
1. Exemptions. A number of soecific activities have been determined to have
minimal adverse impact and are listed in 6.00.04.
b Vegetation Removal Permit. A Vegetation Removal Permit shall be issued if all
the criteria set forth in 6.00.05 has been met.
B. Unless otherwise provided in this Code, all public entities, including all departments of
SI. Lucie County government, shall be subject to the requirements of this Section. Public entities, however,
shall not be subject to:
1. The perrnit-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 Public Works Director,
or his designee during a period of emergency officially declared by the Board of County Commissioners.
D. The following activities shall require no official notification to the Public Works Director.
or his designee:
1. Preserve and Parks Management Activities. Vegetation removal activities associated
with an adooted management plan for government maintained parks. recreation areas. wildlife management
Underline is for addition
StIÍkc. Tluuu5h is for deletion
Page 3
OR BOOK 2172 PAGE
1515
1. Routine Landscape Maintenance. Trimming or pruning of vegetation which
intended to result in the eventual death of the ve etation mowin of ards or lawns or an other
landscaping or gardening activitv which is commonlv recognized as routine maintenance. replacement or
re1andsca in which does not result in the eventual death of an ve etation does not re uire the a roval
of a Notice of Vegetation Removal.
6.00.04
EXEMPTIONS
Anv person who intends to remove or cause the death of anv vegetation pursuant to anv of the
following exemptions must first obtain a Notice of Vegetation Removal from the Public Works Director. or
his designee or his designee. The burden of proving entitlement to any particular exemption shall lie, at all
times, with the person or persons claiming the exemption. T}.G~" "^G"ìpl;Õh,, ~J.dll "vl Aþpl) to tI,,, ,,,,liò,1I1
01 alt""~t;o,, vf lI"y ,l1l1u5'O," t,,,,-, dan" ,,,g,,lal;vll o. IlAl;,G tIG"" plvlCGtcd pC, S""l;vli 6.ee.Ð5(D).
A. The removal VI I1ltGdl:tion of any PlotGC;tcd native vegetation as necessary for the
following activities:
1. The "kcu;"g, of minimal removal of native vegetation necessary for a path not to
exceed four (4) feet in width to provide physical access or view necessary to conduct a surveyor site
examination for the preparation of bona fide site development plans or vegetation inventories; or
2. The dCII, ;hg of minimal removal of native vegetation necessary for 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.
. Auy p",,,o,.' ",1\0 iJ1t",.'J~,~Ò IGui~." 0, 1I1t\". atly .p,OlG-:l"J ~~g"lAl;~h ~u':~II~~ t~ ~;" ~'::~
c,.<"u.pho" ..Iu!t I.al.fy tI.e, Pub},,, na,!.! D"""to., a, hl~ J""'5"GG ..I ",,,ti,,g IIl1"a~l two (2) day" pdvl tõ
tI.e "oul1n.:nG"luGlIl vf tI." ,,~luÖ ,AI 0, AltG.at;Õn.
IT. ROuCu" 1aud!Ga}'G </ìAillt\,ullu"G !udl aå hiullU;"5 0, p.uhi"5 of P(,Ol"Gt~d '''5''tat~~~~
~~.:1, : ~:~~~l:'~~~ tv ¡G~ull ;" .tl,." ","I~lt1l1~ dGlltI. of tii" .GgGt~l;Oil, ",o,"";.,,g vf ~~,J-> ~: 1A~:'~' ~~ ~~
l t 1.. j Ó,lJ""U.1Uß aGtHlt] nth"}..li:3 ""Ol1u~toulJ J.IfoJ'Ö5111£.Gd. a3 ¡Vatui'- ulal.Î.lh:,lu~ì.nC", I"'pia\.t""lucut
v, I "lal1J!"lIpÌ1.g.
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St.;!." T1110t1gft is for deletion
Page 4
OR BOOK 2172 PAGE 1516
__.___u._._··___~ __
€B. The removal v, AltGlatiou of any p,ote.Gtc¿ native vegetation in an existing utility
easement~ainage easement. storm water management tract or facilitv. or right-of-way provided such work
is done by or under the control of the operating unit of local. state. or federal government. utility company
and that unit of local. state. or federal government or utility company has obtained all necessary licenses or
permits to provide trtmty service through the easement.
Ð. ThG ,c'JHuvð:1 u, alte.,atiou of au) þl"te.Gtc¿ ,c'~Gtatiuu [ÓI a,,, pdlpOSe. of waiut.!>Ïnil,g G"isting
ACCC~" to A site;.
E: 'fl., ,G,,,Oval 0, Alt"..üioll vf AuY plotGGtGd v"ß"tatiou uudc.tmn by a lA~ful up':;,lllill~ alld bÓIIA
fid" "vllu"""CiAI I.I:IIS",,). tu:," faull, llß,icultu,...1 op",Atiou, 1....1,'11, u, "i,II;1A, up",,!oJiOIl, pIOvidcd Ihat th"
,"wvv....l ~" ....ltcIatioll i" þG,fOulI£.d Ou laud OVUM:! 01 1....,,[ull) oC':;dpi£.d b) alG pCI:'ovlI ",vududiuo a" ab"~,,
o¡')C,Iatio,¡ Aùd i" pCI[O,.IlGd I'Ul"uAuL tu alð:t opc,ð:tló". \VhGu IGIIlová! u, Ah",....tiou of ....11) fllot",t"d
v"odativu,oth'l thau ,OuLiu" IhZ.i,.t"uAJI''', 11....~ b"",u 1'"[o,ùl,,d (bId..., ti,i" GÁ"luptiollnõ d'n..lopw"ut ú,d"l
~htd1 b.:. API',Ov"d fv, all) oLl,,,, I1S" u, ;.hpIOv'¡h'lIt ú,lll1, ~au,,,, 111tld l'I'ia,id Giti,,,,.
+: T ,,0 (2) }"A,,, f.uw a,.:. dAte. of 'vwl'ldiOIl of Stld. v'~"tALiou ,'lhóvAl or
AltCdltioll p,ovidGd tll....t An ao,i"ult.11AI GlMlsÌh'Atioll ha~ b,,,,u o,aHtcd 001 a,....t laud b) H,c St. Lu';' COl1ut)
PluP', L) AppIai"",..
To I3io1.L (8) )'-AIS [10111 al':' daL" vf ,olupktiou uf ~ud, v"o"u.tiou l"lnÕva1 uI
alt'lð:tiou if Ùv aoli'lIlLuIlII dMlsifi'ð:tioll 11....~ b,,¡¡ ßII'ultGd b) thG SL. Lu.:.i.:. Cùl1l1ty PdJpGlty App,ai"CI.
No l"'UlOval u, Alt"IAtio.. of all) I'I"L"t".1 v,~.:.tatiotl ~I1All bG "v".1u",t,d Ih:hsd4nt to tl,i" ",x"'Ulption
uùkss the. P"I"VÙ 'ol<dtlctill~ thaL ,(.uIOval u, Alt'lð:tlÓII úutif.c~ al", Pub1i, 'Volks Di,,,,,tv,, 01 l1i" d..."i~dC':',
ill miti"o' , of ai' illt.:.nt to ,',Úvv" 01 ....It',AtiOIl p,vL"'t,,d vco"tatiOh ptllStlAllt tv tl,i~ cxcwptioll at kAbL tell
(16) dlt)& pdot tv th" iui[i"L;ol< ofthG ,,,ulvva1 VI ....ItGIl'tion.
FÇ, The removal of Plot""tcd native vegetation which has been determined to be a safety
hazard. destroyed or damaged beyond saving by natural causes or causes not covered by other sections of
this chapter. is infected with disease or is infested with insects. or which constitutes immediate peril to life
property or other trees. and where oruning or trimming of the vegetation is not able to alleviate the hazard.
6D. The removal 01 Alt",aLivú of Plvtv"t"d native vegetation, "x"",pt nUUlßIov" 0, dnh"
v"odat;vu 01 nAtiv" t,CGS PlvtG"[,,d AS PCI Sc.:.tion 6,ee.95(D), 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:
1. 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 any
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 Plot",ct"d native vegetation tree twenty-four inches (24"), or greater, dbh
shall be removed from any residential parcel (including those in the AG-5, AG-2.5, AG-l, AR-1, RE-1, and
R/C zoning districts), regardless of parcel size, ",,"cl't fOI bvua f..k Ao,;<;u1luIA1 ttSGS, without an approved
Underline is for addition
Sh;k~ T1uvu~1 is for deletion
Page 5
OR BOOK 2172 PAGE 1517
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Vegetation Removal Permit and an approved mitigation plan. e.xc:e.pl 111M th" The Public Works Director, or
his designee may waÌT'e reduce 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. Ve.~"låt;vú ,,,,do,al OJ le.qu;,C.1 b)' 1".., vldilu!i1\C:e., 0, Ii,,, l"..ful ,.(",i.se. vf MUl' ot1,'1
publ;, 01 go.clnw',lttol Antholit).
l. Mj ;ü~ Ae.ti.itic..s uu.1",tak"ú pl1l.sl1ant 10 d .al;.1 w;,lill~ pe.ltl,;t i.ssu"d wid'l Sc.c.t;ou
11.85.11 vf Ii,;., Code..
:f~. The removal or alteration of any non p,ote.,I,d -native vegetation.
6.00.05 CRITERIA GOVERNING ISSUANCE APPROVAL OF VEGETATION REMOVAL
PERMIT
A. CRITLRIA FOR ISSUANCE REMOVAL OF NATIVE VEGETATION
The Public Works Director, or his designee, or his designee, ill e.vu1>ultát;oh ~;Il, Ii,e.
COhlllluh;t)' D,.doplu"ùt Di,(.(.töl. shall issue a Vegetation Removal Permit only if a completed
application has been submitted to the Public Works Director, or his designee, and is accompanied by
sufficient evidence demonstrating that at least one of the following criteria has been satisfied:
1. The applicant for a final development order shall demonstrate that the removal
0, d11e.lation of the (>101,,'1.:;.1 native vegetation is the minimum necessary in order to implement a Final
Development Order and that reasonable efforts have been made to microsite impervious surfaces to protect
native vegetation or provide details supporting whv preservation of the existing native vegetation is not
practicallv feasible and prevents the reasonable development of the site. The Public Works Director. or his
designee shall determine the appropriateness of anv such claim. The applicant shall provide the Public
Works Director. or his designee. or his designee. a survev of the property outlining the areas of proposed
vegetation removal including the location of all vegetation as outlined in Section 11.05.06.
2. A Final Development Order has not been issued, or is not required by this Code
£'0, Ii,,, ;,jtc.üde.d 11M a~i"ultd"ll u~e. of Ii.e. lAhd and, The applicant for the vegetation removal permit shall
demonstrate that the removal of the native vegetation is the minimum necessary in order to allow for the
construction of the intended use or improvement of the propertY and that reasonable efforts have been made
to microsite impervious surfaces to protect native vegetation or provide details supporting whv preservation
of the existing native vegetation is not practicallv feasible and prevents the reasonable development of the
site. The Public Works Director. or his designee shall determine the appropriateness of anv such claim.
The applicant shall provide the Public Works Director. or his designee. or his designee. a survev of the
propertv outlining the areas of proposed vegetation removal including the location of all vegetation as
outlined in Section 11.05.06.
ð: TI1" fhOpose.d le.mo..!.1 o. cdt\.,atiou of p,OI"",t".1 .'~'tAt;vu ;05 holtv b"
pe.1foud,d pu,.,uaul to Iii" OPC'dtiOu vf a tl"" fauu, "vlUilI'le.iA1 uuISe.I)', A~.ie.l1ltu..!l:1 ope.,,,t'vu, ,dud. 01
&iJ.u~llu 0P(.lAtiOu, Aud,
IT. T1" p,opùs"d ,"jho~a1 v, alt",,,t;vu of p,otG't"d ~ '''6"t"t,on is Ii,.:;
.IÜ¡.l~lUU.H £h..,-,(".!~ðl) to (lllO?J £01 tln... ",uu~b.u....t~on. of tit' Íl.ocndcd 1103" VI ~ulf)iOY"'l"lGl.t, Aüd,
Underline is for addition
SlIik" Tluongh is for deletion
Page 6
OR BOOK 2172 PAGE 1518
e; TI,G appli"cl.1!t l.a~ plo.;dGd thG Pdb1k \Yolk~ D;.c.:.to" 01 h;~ d"~;5u"""
~ ~Ul''') "f tI.G 1'.01'<:>.1)' oull;ll;ug the. ...,,"" of p.oý05e;d .Gg.:;l:¡\t;O.1 .",,,,0./1;1 01 a1t.-H.l;"u ;.lGludihß thG
1u",,,Liou of .dl MG~ M Ol1tliuGd ;u SGGtivll l1.e5.e6(2)(A){4).
d7 Th" ap.,liell1l1 hab plv.idGd th.:. Pdb1k \Volk~ D;.",,,,¡,,., 01 l,i5 d"'~;5uGG
a -"liUGu pIa" to c':>uhol ",.o~;Ou ~h¡"'l, 1l.Z,) b.:. G^pGGtcd to OG':;ut A~ z, 1"'~lAlt of thG plop':>SG.1 ~G6dal;on
Z,ltGIIII;Oh 01 ,,,,.uO.AI. 'fl." GI05iOll Gonllol 1'11111 h1l1st be; app.o~",d b) thG PubliG \Volkb DÜGGt.:>" 0, his
de~~õu"", pl~Ol to HI" GUUUU,",U"''''lU,",ut óf An] v'-'õ"",tat;ou l"'l.üõvAl òl dlt"l"l~oJl. All þlo\'~siõl1;,') vf lll"" plAn
bhAll b" ;1l"OIJJv,cl.t.:..1 M ,,^p.GSS Gonditio,¡... of au) pGln,;1 i~~IAGd lAud". 1I.;~ pA1aßlllph.
3: The plotG...t.:.d ."g...tåt;Oll is loeated ~ill.ih Aü Gxi5IÏhg 01 p,opoSGd .iglll of-~ay,
IAl;lit) "a~"",,,ul, .1.aiuAge; "Me;",Gut VI stornn'iatG. tl1Z,uAgGmCÙt hacl 01 fdG;I;I).
4-: ThG p.otG"I,d .Gß,tlltiou is IOG4tG.1 1"111", it Gtellres v. ~;ll "ad, II ...afi::ry 01
hGalt1, hZlL..ald, V1 a Úd;~A..'G ~ itl, IG~p"t Iv exi~t;llg Ot p,oposed str tl'ldl'~ 01 . "'¡,;"k 01 pedGsh ;',,1 <vut,,~.
B. LIMITING REMOVAL OR AL TERA nON OF NATIVE VEGETATION
Prior to the removal of any native vegetation. the removal plan must demonstrate that
effective efforts have been made to micro-site impervious surfaces to avoid or minimize impacts to such
vegetation.
The extent of approval to remove 0t""'2dter any proK..'tcd native vegetation shall be limited by the
Public Works Director, or his designee to the minimum necessary to accomplish the purpose of the removal
v. alt'I/I;tion. 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 Removal Permit shall demonstrate consistency with the
requirements of Section 7.09 .03(E) (7).
C. VEGETATION PROTECTION STANDARDS DURING THE DURATION OF AN
APPROVED NOTICE OF VEGETATION REMOVAL
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 NoliG" of Vegetation Removal
Permit:
1. A conspicuous, suitable protective barrier, constructed of metal, wood, safety
fencing or other durable material, shall be placed and maintained around the perimeter of the protected area
to form a continuous unbroken boundary. around individual protected trees. or grOUPS of protected
vegetation. or other protected areas. as follows:
a. Al A .llÌnilnl1lll dibtz,uG", of Û^ (6) [Get 0, ,uOIG £'011. all ~pGGiGS of
11l1l115'v,,,,~, u. At a minimum distance oftwentv-five (25) feet from all iurisdictiona1 wetlands: or
Q., At a minimum distance of ten (10) feet from all reauired shoreline
buffer zones as reauired in Sections 6.02.01 and 6.02.02.
b; £" At a minimum distance of either ten (10) feet from the edge of groups
or areas of protected vegetation or from the radius of the dripline from all protected I,A,J""ood trees,
whichever is greater; or
Underline is for addition
St,;I..~ Tluvu¡¡l, is for deletion
Page 7
OR BOOK 2172 PAGE 1519
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C': At A ..¡¡..iu,u." di~tAn"e. of G,tl:1"" t",u (10) f<.e.t v, tl,c. u!ldiu.\ of tile.
dliplln", flVUl Al1}.Ilõb.,'-t\.ld ,",vu~&.i l.l.C'~, nll~\,;l.l"'Y".L ¡~ 61'-M'-1, 61
g.
Vegetation Removal Permit.
As otherwise provided in special conditions attached to a Notice of
Ropc., pIMl;e. lap"', libbohS, 0, ~;,hað1 uìatc.,iA1 ~hall uvt b" "or,s;dGle.d
to b", " &ttiwb1", fhotc.d;.", båui", a,vuud ;nd;v;duAl ptvt\..",t",d hCoc..\, Cox",,,,}'l K." ll1o.\'- t,c.Co.\ lo.~AtCod O~
,,,~;d"utiól pa1c",b 1",\,\ tlìau I-'v (2) a"'''~ ;illll""" ..he,c. tl:1c. likdihovd vf ";õ..ific.Óhl,hC.",I,ÓlI;C.AI diOluPtioh
to tl,e. p' op", t) Aud ri,,, ;Ild; v ;dua1 f)( ot,aCod h "'(, is ri\,:, 1õ -' tst.
2. Uu1c..\S vth",..i.:\e p,vv;d"d b] IA.. 0, in tI,e t",uu.:\ of ~pc.e.i.d evudit;õn~ attac.hG¿
to A Y"õ"tat1v" Rx.",õva1 P"uu;t, ~,Oup& õf p,ot"",ted tIe.e.~ (" .!ueA~ of veg,:,tAtiö" tv ~~ p,c.se..~d ~1:AII'l"~
.c'l. u;,e p,otc.",t;:e. bAJliw. IIo..",v",., bu"lI Att..b SI.AlI b" ¡'),~miuc.htl~ lI;ghllõht\..~ ~ 11,,,, ~u~~,,~la~;~'~ ~
~~"'~ at .. i"t.Álulu,,\ vf l..elit] (10) £""t ópa,l, Ro¡')e~, p1a&t,,,, tap"', "bboilS, 01 ~u",l", lU..t"ua1 shall be
atl"d,,~d 1o ll,e &tal,,~ ó,Odhd ril", pe.,;mtt"" vf fl,,,, fH01",de.d "'".. 1v fOuu .. e.vul;uuvdS uim,okc... þe1ÏulCtcr
IbOuúd fl,c. lhe.a.\ to be. p,OWGte.d flVÙ, c.1"ó,i"õ ....t;~it;e.s. No I\l2h1-.;"õ ",At",;Ab .\lIall be attad,,,d tv a
p,ot""t"d tIGC;. Special care shall be taken that preservation areas are properly marked and high1v visible so
that equipment operators can see the Ilmits of permitted removal activity.
3. Protective barriers or protective designations shall remain in place until removal
is authorized by the Public Works Director, or his designee, or until issuance of a certificate of occupancy
or other use authorization as mav be granted bv the Public Works Director. or his designee.
In the event that any protective barriers are removed or altered and clearing
activities are conducted within an area identified for preserve under the issued Vegetation Removal Permit,
the Public Works Director, or his designee is authorized to direct that all land clearing and site alteration
work at the site be stopped until the barriers are restored and any necessary corrective actions taken to
repair or replant any vegetation removed or damaged as a result of these encroachments.
4. The entire vegetation preservation area shall be maintained in its natural state so
as not to alter the water and oxygen content of the soil and t!pS'Ct impair its natural function.
5. No grade changes or excavation of any sort may 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. Dad.i,,!, £0. ullde.'õ,vuud i"iõ"'l;vu "',¿ util;t] lilIes
..'tll;u vc.i,Glcl:1;vu p,ot",c.tivu Ale....S .\lIlIll be. dol',,,, ;u .. ..II] lh.rt p1At,t Ivvt &}~te.lh~ Ale. p,ol",e.t\..d to the
õl",at\..~t e.xt\.."l pOMiblc.. If underground utilities must be routed through a protected root zone area,
tunneling under the roots shall be required. Irrigation shall be installed outside of the drip line of all
protected trees.
These modifications 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.
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.
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Page 8
OR BOOK 2172 PAGE 1520
8. No signs, permits, wires, or other attachments, other than those of protective and
non-damaging nature, shall be affixed or attached to protected vegetation.
9. If landscaping is to be installed within a vegetation preservation area after
removal of protective barriers or designations, installation shall be accomplished using l;glíl .tUIGI.ÎIle.I)' Aud
hand labor. unless use of light machinerv is moven to be necessary and methodologv is approved bv the
Public Works Director. or his designee.
10. Any equipment, including passenger vehicles, shall not be driven, parked, or
stored or repaired within designated vegetation preservation areas.
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, or
his designee, in consultation with the Community Development Director, before any occupancy or final use
permit authorizations are issued.
lb The authorized removal of anv non-protected vegetation in the vegetation
preservation area shall be accomplished using hand labor. unless use of light machinery is proven to be
necessarv and methodo1o!;!:y is approved by the Public Works Director. or his designee. On1v the above
ground portions of the non-protected vegetation mav be removed and the stump shall be proper1v treated
with an approved herbicide: the root svstems of the protected vegetation must remain undisturbed.
.!l. If anv roots of protected vegetation is exposed or damaged. the ap\Jlicant shall
immediate1v correct the situation bv covering the roots with a high aualitv of soil to match the existing
grades. pruning anv splintered roots and providing water until the vegetation has recovered.
l±., The applicant shall provide the Public Works Director. or his designee.
a written plan to control erosion which mav be expected to occur as a result of the proposed removal of
protected vegetation. The erosion control plan must be approved bv the Public Works Director. or his
designee. prior to the commencement of anv removal of protected vegetation. All provisions of the plan
shall be incorporated as express conditions of anv Notice of Vegetation Removal issued under this
paragraph.
D. TREE PROTECTION AND MITIGATION
Plio. to tll", ''''!Hv.a1 Aùdlól gILJbbiu5 vf ual'.'" ~,"~",Ial;vu fot tI.", ptllPO&," of ;1l.plehl~1I1;U5 a £nlll
d",.dop1U",ul Ó.dC.l, tllG IGJUO.ai pIau ,HuM dGm\) lst,,~I," tI.lal.GIISollabk Gffotts l.a.", be.",u .,IAd", Iv tuklo sit"
i",(>GH ;ùus ,su.fAGG,s to p",!..",t buGII .Gg,Gtation.
All)' ual;.", [,e" v< ",¡,;...!al;Ou At kMt 12 B ;ù,"h,,~ ;H J;AÜ.",t\." al bl"",,1 1.",;~1.1 (D.D.II.), (G-<e.cpt rol
o. "/lti.,, (>111<1", ..hi",!I &hall 1I1I.e. \'lith II Itl,ùimthu "kal tlne.k of tc.n (10) fc"l ~1,all b.:. pIGs"""d IInd
p,otG"t.:.d iu a,,"oJdM'lGe. \'Iitl. S""tiou 6.00.05(C), unless fl,.:. h"", ;~ d",t"u.,;/Ì",d tv bG II safet} hazald,
p,e..Gl1ts th" ,¢IISOhltbk d.:~dopll1".d of tl,(', sil.:, ;~ "au~;Ü5 damagG tö st¡u"lu.G~ v, "\0.,, d"~;'dble he""
a.vuud ;1, ;~ ;uf",...!",d ..;111 di&,"ðs," 0, ;b ;uf""I"d ..;[h Ítl,,""tS. TII", IIppl;""'tt fe. ''''o",llItion 1"lUv.a1 p".ul;t
shall dGIlIOhstlat.: ~h)l fl.", I,,,,,;~ a I.AL.lIld, dise.Ascd, inf"Gwd, infc.~I",d 0. ...1.)' it is not plaet;"AlI)' &Mibk to
de..Glvp fl." paled ..ithont Ie.mo.j¡,~ fl,,,, I.e.". The. P"b1;" V/ólks D;.".:.tv., 0. 1,;~ d"biß:I1e.e., &1,,,11 d"t"uhid':
[he. IIpp.opIÍat"l1e.ss vf IIII} ~ue.h "IA;m.
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Page 9
OR BOOK 2172 PAGE 1521
When a-native vegetation h(,,,, "t h..Mt 12 B ;11",1.",~, ("'A(,,,,pl fö[ ;li",lud;u!S u"t;.(, paIH'~ ...h;",I, ,hall
hð.(, \'1;0, " ...;¡,iu1IllU d".u hu",k of t('11 (18) f..",L), ;~ 'ou~idG,(,d Iv b", h",aith) meeting this the mitigation
size thresholds in Table 1 below AlId ti." Pùbl;(, Wo,J...,. D'.",,,,lo[, O[ l,iiJ dGiJiõu",(, has been approved for 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 Public Works
Director, or his designee. 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 vegetation shall be preserved, relocated, or planted, or the appropriate mitigation fees shall be paid to
the County. On1v native vegetation shall be allowed to meet anv required mitigation. The replacement
vegetation shall be the same species as that which was removed. unless croven to be impractical. in which
case. an alternative native species. approved bv the Public Works Director. or his designee. shall be used.
The qualitv and size of the replacement trees shall meet the minimum landscape requirements set forth in
Section 7.09.03Œ);
Ma;õal;vu illiall b", '''''fu;,(,d [0. tllG lo~iI of ð.U) 1.,altl.), he' o~ ð.t l~Mt 1~ B ;:."'~~"'~, {(;~~:~: or
lIðh.", pMlU ..1,¡,h ilhllll h".", ...;tl. a ,ü;l,iu1l1w ",I",,,, t,u"'¡'. oft('í\ (Ie) f(,..,t) aud ~1.all iu~Iu.J" th~ föllv..;ÜB,.
L MITlGA TlON SIZES
Mitigation shall be required for the loss of anv healthy. native vegetation with
the minimum sizes as outlined in Table 1 below.
TABLE 1
COMMON NAME SPECIES NAME MITIGATION
SIZE
BALD CYPRESS Taxodium distichum 12"
LAUREL OAK Ouercus laurifolia 12"
LIVE OAK Ouercus virrliniana 12"
SLASH PINE Pinus elliotii var. densa 12"
SOUTHERN Magnolia grandiflora IT:
MAGNOLIA
STRANGLER FIG Ficus aurea 12"
SWAMP TUPELO Nvssa svlvatica var. biflora 12"
WATER HICKORY Carva aouatica 12"
BLOLLY Guanira discolor 9"
CHERRY LAUREL Prunus caroliniana 9"
DAHOON HOLLY llex cassine 9"
FALSE MASTIC Sideroxvlon foetidissimum 9"
FLORIDA ELM Ulmus americana 9"
GUMBO LIMBO Bursera simaruba 9"
POP ASH Fraxinus caroliniana 9"
RED BAY Persea borbonia 9"
RED CEDAR Juninerus silicico1a 9"
Underline is for addition
St.'k" Tlnvu¡;;h is for deletion
Page 10
OR BOOK 2172 PAGE 1522
RED MAPLE Acer rubrum 9"
RED MULBERRY Morus rubra 9"
SAND PINE Pinus c\ausa 9"
SCRUB HICKORY Carva floridana 9"
SEAGRAPE Coccoloba uvifera when a single trunk
measures 9"
SWEET BAY Mallno1ia vin!Ìniana 9"
WAX MYRTLE Mvrica cerifera when a single trunk
measures 9"
BUTIONWOOD Conocamus erectus 6"
CHAPMAN OAK Ouercus chanmanii 6"
CORALBEAN Ervthrina herbacea 6"
GRAYTWIG Schoenfia chrvsoDhvlloides 6"
HERCULES-CLUB Zanthoxv1um clava-herculis 6"
INKWOOD Exothea naniculata 6"
IRONWOOD KrulZ.iodendron ferreum 6"
LANCEWOOD Ocotea coriacea 6"
LOBLOLLY BAY Gordonia lasianthus 6"
MYRSINE Rananea nunctata 6"
MYRTLE OAK Ouercus mvrtifo1ia 6"
PARADISE TREE Simarouba 1l1auca 6"
PIGEON PLUM Coccoloba diversifolia when a single trunk
measures 6"
POISONWOOD Metonium toxiferum 6"
SAND LIVE OAK Ouercus øeminata 6"
SA TINLEAF ChrvsoDhvllum oliviforme 6"
SCRUB OAK ()uercus inonina 6"
SIMPSON'S STOPPER Mvrcianthes fralrrans 6"
SPANISH STOPPER Euøenia foetida 6"
TORCHWOOD Amvris elemifera 6"
WHITE STOPPER EUlZ.enia axillaris 6"
WILD LIME Zanthoxvlem fallara 6"
WINGED SUMAC Rhus conaUina 6"
CABBAGE PALM Sabal Dalmetto 10' c.t.
b MITIGATION RATIOS
ª'- CalculatinlZ. Required MitilZ.ation
b Palm tree mitigation shall be calculated at a ratio of one va1m tree
~reservedJre1ocatedJv1anted ver one va1m tree removed (1: 1). Palm trees shall not be counted towards
mitilZ.ation of non-va1m svecies. {For examvle. removal of one Cabbafle Palm with a clear trunk
measurinfl ten foot or f!reater results in required mitif!ation of one Cabbaf!e Palm with a clear trunk
measurinf! ten feet or flreater. }
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OR BOOK 2172 PAGE 1523
Q. Calculating Mitigation Credit
TABLE 2. a.
Methods or Mitigation! Credit Ratios
On-site preservation On or off site relocation of On or off site planting
existin trees or ve elation
1:2 1:1.5 1:1
{For example. if a 6" Slash Pine is preserved on site. 12" of credit is
granted: if a 6" Slash Pine is relocated. 9" of credit is aranted: and if a 6"
Slash Pine is planted on site. 6" of credit is aranted.)
Table 2. b.
Methods Of Mitlgationl Credit Ratios for Native Palms
On-site preservation On or off site relocation of
existin trees or ve etation
1:1 1:1 1:.5 one half credit
{For example. if a 10' Cabbaae Palm is preserved on site a credit of one
palm tree is aranted: if a 10' Cabbaae Palm is relocated on or off site. a
credit of one palm tree is aranted: and if a 10' Cabbaae Palm is planted
on site. a credit of J.1 of a palm tree is aranted.)
~ MITIGATION COMPLIANCE METHODS
a. Diameter based mitiaation methods shall be considered as follows:
1. All native veaetation shall be protected on site to the areatest
extent possible. If this is demonstrated to the satisfaction of the Public Works Director. or his
desianee. to be imoractical. then;
3. The amount of mitiaation shall be olanted on the develooment
site usina the followina credit ratios.
Table 3
DBH of planted
native tree
Ratio of credits granted
towards required mitigation
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Page 12
OR BOOK 2172 PAGE 1524
....__._-_._---~--
10.5" - 10.5 plus" 1:2
5"-10" 1:1.5
2.5" - 4.5" 1:1
{For examDle. if a 12" tree is Dlanted. then 24 inches of credit are
aranted.}
The replantinq desiqn shall allow for adequate root and crown
development. If this is demonstrated to the satisfaction of the Public Works Director. or his
desiqnee. the development site does not have the capacitv to hold all of the reauired mitiaation,
then;
!:... Contribute $200 per inch D.S.H. of remainina reauired mitiaation
to the County to be used at the County's discretion for either the acquisition and maintenance of
publicly owned environmentally uniaue lands. or to be used for relocatina or replantina native
trees on public lands.
Q" Alternative Mitiaation Compliance Methods. A complete Environmental
Assessment shall be reauired for the followinq mitiaation methods. therefore a tree survey shall
not be reauired unless specificallY reauested by the Public Works Director. or his desianee.
1:. If a site is consistent with the followina minimum standards.
twenty-five percent (25%) of the existina native upland habitat can be preserved on site to take the
place of all tree mitiaation reauirements.
ª" The habitat preservation area shall not measure less
than 15% of a total site. unless it is proven to the satisfaction to the Public Works Director. or his
desianee. that 15% of the total site would prevent reasonable development of the site. then the
preserve area may measure less than 15% of the site. but shall measure no less than 50 acres;
Q" The habitat preservation area shall be interconnected
with adjacent habitat preserve areas in neiahborina parcels where applicable. to facilitate
appropriate manaaement and to maximize natural resources values;
Q." Habitat preservation areas shall minimize edae to interior
ratio. and shall have no minimum dimension less than 100 feet. and shall not exceed a lenath to
width ratio of 3:1 unless exceedina this ratio allows for superior connections with adiacent parcels
or other environmental benefits.
Q."
entirety as separate tract or tracts.
The habitat preservation area shall be platted in its
~ The habitat preservation area must be covered by a
Conservation Easement dedicated to. or made in favor of. the County.
f. The habitat preserve area shall have ·Preserve Area
Manaaement and Monitorinq Plan" approved bv the County in order to ensure the continued.
adequate. and appropriate manaqement of the site and the continued protection of the site from
adverse impacts. The Preserve Area Manaqement Plan shall be recorded in the DubUc records of
the Countv and shall at a minimum identify the area covered bv the plan. its ownership. and
assianment of manaaement and maintenance responsibility.
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Page 13
OR BOOK 2172 PAGE 1525
--.-.--------
9." If the preserve area is identified in either the St. Lucie
County Native Habitat Inventorv or the St. Lucie County Greenway's and Trails Master Plan. then
all or portions of the above outlined auidelines may be waived with the approval of the County
Commission.
h. If the area proposed for preservation does not aualify as
hiah auality native habitat. a restoration plan may be submitted includina 100% exotic removal. a
plantina plan incoTDoratina canopy. sub-canopy. and around coyer species. Ninety percent
survival rate will be required of the plant materials and shall be auaranteed as part of the
"Preserve Area Manaaement and Monitorina Plan".
2. Purchase the required amount of remaininq mitiqation. usina the
credit ratio outlined in Table 3. and facilitate the installation. by a qualified professional. on an
approved publicly manaaed site. includina Environmentally Sianificant Land properties. parks.
road rieht-of-ways. or other public facilitv. or deliverv to the St. Lucie County nurserv proaram; or
3. The purchase of land off the subiect parcel. elsewhere in St.
Lucie Countv on a property identified in either the St. Lucie County Natiye Habitat Inventory or the
St. Lucie County Greenway's and Trails Master Plan. to be aiven to St. Lucie County for
ownership and manaqement. The off-site land shall be similar in ecoloaical yalue based on
habitat existina on site as well as the land yalue of the subiect parcel.
1.. A property owner may propose to establish or acquire credits in
an off-site mitiaation bank located in St. Lucie County. A report. includina the location of the
property, an enyironmental assessment of the property. a tree survey (if applicable). a restoration
plan (if applicable), and a manaaement plan shall be submitted for this option to be considered.
The mitieation bank property shall either be aiven to St. Lucie County for ownership and
manaaement or placed under a conservation easement, dedicated to. or in favor of. St. Lucie
County.
+.- the rt.plBeemel'lt tret:.3, dther prt:.3t:. '\,ed, reloCBted or !'Ie..l)' pl8/'1ted. 3RBII be of
tRe: SBme or other nstivð spe:des 133 tRe tree(s) Bpproved for removBI,
r.- tRe qUBlity and siz:c of the repleeement tret:.s ShBII meet tRe; mil'limum landscapc
requiremel'lÌ3 set forth il'l Section 7.09.03(C),
a:- the qtlBl'ltit~ of replaccmcl'lt trees, for e8cR species approved for removal, SR811 be
8t a ratio of two inch 0.0.11. per OM il'leh 0.0.11. removed, except tR8t e8eh 1'811'1'1 tree that is
preserved tRrOtlgR 01'1 site protectiol'l or reloe8tion ..ill count to..8rel3 8n~ required p8lm tree
mitig8tion requirement 8t a I'l!otio of ol'le p81m tree prC3ÐI"I.edJrcloœtcd is equal to OM p81m trec
removt:.d. TRe follo..ing mitig8tion credits shallappl~ to 811 otht:.r tree species.
8:- ell 1'18tive trees proteoted 01'1 sit~ that 8re in excess of tne minimum
rcquirements of Oeetion 7.09.03(C) ..ill cotlnt 815 8 credit tOnBrd the requircd mitigation of al'l~
protected trees th8t ma~ b(; r(;moved as p8rt of tRe vegetation removal permit. ror ð8eh incR of a
tree gre;8tcr th81'1 3 inches 0.0.11. th8t is prese~ed through on site protection 8 credit of 01'1(; inch
pr(;scrvcd for one il'leh removed ..ill be granted to..8rds 81'1~ required mitigation.
b;- all1'l8tive trees re,'oc8ted 01'1 3ite;, thet exce;öel the l'I,il'limun, requiren,ents
of Cectiol'l 7.09.03(C), vvill e:ol1nt as credit to..8rdS ti'le required mitigation of BI'I~ prot~eted trees
that 1'1'18) be removed 138 p8rt of the \;,eget8tion remo'llal permit. ror 88e:h inch of tree gre8ter ti'l81'1
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Page 14
OR BOOK 2172 PAGE 1526
----_.....,,_.._.._----~._--
::3 inene3 0.0.11. relocateo on 3ite, a credit of one inen relocated for ol"le inen remo.ed hill be
granted to..ards aR} ref uired mitigation.
e:- all nati'"e trees p:tmted on 3ite, tnat exceed tne minimum l'Cf uirement3 of
Geetio" 7.0::>.03(C), {.iII count a3 credit towaros tne ree uireo mitigation of any protecteo tr8es tRat
may be remo.ed !!I3 part of tne vegetation remo.al permit. rOf eaen iRcn of tre.e greater tnan 3
¡nene3 0.13.11. plantco on 3ite, a creoit of one i"en planteo for one iFlcn remo'/co nill be gr!!lnteo
tOVtar03 !!IFI) required mitigation.
4-: Tne rcplaFlting de3ign snail ¡5ro'"ide aoef uate space for root and cro·.vFI
de'" elopme nt;
&: '.'\'n8n tne pl'ðp~1't) being de.elopeo i! not appropriate for on 3ite mitigatiOFl, tt'lc
developer ma} mitigate off site on publie lal'lo3 in tne County in tne follon ing manner.
87 obtain \Hitten permis3iol'l from tne appropriate public entit) to implement
tne nece38a'1 replanting plan. The de,eloper 8nall pro. ide all nceC33al') 3e~iee3 to implement
tne repl8nting plan, including but not limiteo to funding, pl8nt material3 and labor, or
b-: contribute $200 per incn 0011 ref uircd for mitigation to tne COURty to be
used 8t tne CotlntY'3 di8cretion for either tne aCf ui3ition and m8il'ltenanee of publicly onned
en.iroRmel'ltell, ul'lif ue laFlds, or to be used for relocating or replanting I'I8ti.c; tree3 on public
181'1d3. ',,1'1, suen .york 31'12111 be performed by 8 e 1:I8lifieo profe33iol'l81.
1,6. As part of the issuance of any Final Development Order/Permit requiring the
mitigation of trees as set forth in this code, the property owner shall submit to an inspection of the
planted/ relocated/ preserved materials 18 months after the issuance of a certificate of occupancy
or other use authorization as may be granted by the Public Works Director, or his designee for the
County. If it is determined that the planted/relocated/ 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 ang directed to correct any observed
deficiencies and replace all noncompliant trees within 60 days. Failure to maintain all required
mitigation shall be grounds for referral to the Code Enforcement Board for appropriate
enforcement actions. The Public Works Director, or his designee is authorized to include within
the building permit fee, adequate charges to cover the costs of enforcing the requirements of this
section.
E. SUPPLEMENTAL REQUIREMENTS
The Comml:ll'lity Dô.elol'fMflt Direetor Public Works Director. or his desianee 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.
*********************.********.
11.05.06
NOTICE OF VEGETATION REMOVAL PERMITS APPLICATIONS
Underline is for addition
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Page 15
OR BOOK 2172 PAGE 1527
..~._.._.._--_.-.__._._-".~
...-.--
A. GCNCML r'CRMIT NOTICE OF VEGETATION REMOVAL NOTIFICATION REQUIRED
1. No person shall remove or 8Iter cause the death of protected vegetation from or
on any lot or parcel of land in the unincorporated area of St. Lucie County without first obtaining a
Notice of Vegetation Removal-Permit from the Public Works Director, or his designee unless
exempt under Section 6.00.04-;uQlof this Code.
2. Any person desiring a Notice of Vegetation Removal Permit shall make written
application to the Public Works Director, or his designee using forms provided by the Director.
3. Unless exempt ul'lde:r Scetiol'l 6.00.04 of this Code, 8ð preliminary Vegetation
Removal plan shall be required with all site plans submitted in accordance with Section 11.02.00,
and A I'reliminer; .egetetiol'l removal I'lal'l shall be in substantial conformity with 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, but:-A
prelimil'lery vegetation remo.81 1'181'1 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 Notice of 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. or in the case of electronic permittina. an electronic verification has been
received. 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 imposed by the Public Works
Director, or his designee pursuant to this Code.
2. Each application for a Notice of Vegetation Removal Permit shall be
accompanied by a:
a. Vegetation inventory which shows:
+. The approximate IOGation, e)dcl'lt and general type of all
'oegetetion 01'1 the subject lot or I'areel of lend, inc:ltlding common or ~ scientific names of the
l'I,ajor groups of .egetation,
2-: All protected .egetation proposed for either removal or
5resc~atiofl;
a:- The 5ro 5osed btJilding3, structurcs, dri.ônays, and oth~r
im 5ro_emeflts dra..n to scale, 8nd
3. An illustrative plan of the existing vegetative conditions on the project site,
superimposed onto including an identification of a plan identifvina what areas will be impacted by
the proposed development activity and what areas are proposed for protection, relocation. or
preservation. The individual locations of all COl:Il'lty I'rotceted native tfees-veaetation, that meets
the minimum sizes outlined in Table 1 in Section 6.00.05 (D) ere 12 inches, or gre8ter, in diemeter
8t bre8st height (0.0.11.), except for ..hich 81'1811 heve 1'.1 mil'limtlm clear trul'Il( of ~I'I (10) feet, that
are located within all areas of proposed improvement and within twenty (20) feet of all proposed
improvement areas shall be shown on the illustrative plan. For the purposes of this requirement,
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improvement areas shall include all subdivision lot lines and maximum buildable areas, as
identified in Section 11.02.10 (A)(3)(d).
4. The Public Works Director, or his designee may require that the application
include such additional information necessary for adequate administration of this Section.
5. Two (2) copies of the application and accompanying documents shall be
submitted to the Public Works Director, or his designee.
6. The completed epplicstiol'l shell be eæompanied b~ 81'1 epplieetiol'l l'C.ievo fee
re.mel'lt of The applicable permit and/or application fees. established in accordance with Section
11.12.00 of this Code, shall be paid upon receipt of an approved Notice of Veaetation Removal.
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.
7. The filing of an application shall be deemed to extend permission to the Public
Works Director, or his designee or his designee to inspect the subject site for purposes of
evaluating the application.
C. REVIEW OF APPLICATIONS FOR VEGETATION REMOVAL PERMITS
1. The Public Works Director, or his designee shall review each Notice of 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, or his designee 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. or his designee, shall review the 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 NOTICE OF VEGETATION REMOVAL rCRMITC
1. The Public Works Director, or his designee 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 an application approval Vegetation Remo.el rermit. No Notice of
Vegetation Removal Permit shall be issued until the Public Works Director, or his designee has
verified compliance with the provisions of Section 6.00.00 of this code. A Notice of Vegetation
Removal Permit may be issued on site.
2. Once issued, a Notice of Vegetation Removal Permit must be prominently
displayed upon the subject site.
E. TERM OF VEGETATION REMOVAL PERMITS
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1. A Notice of Vegetation Removal Pe1'mit 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 Final Development Order.
2. Notice of Vegetation Removal Pe1'mit issued without a Final Development Order
shall remain valid for a term of sb<i6t twelve (12) months and may be renewed for a second she
~ twelve (12) month period. A request for renewal must be made in writing to the Public Works
Director, or his designee prior to the expiration of the permit. approval. If the Public Works
Director, or his designee 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, or his designee regarding the
necessity for 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 Notice of Vegetation Removal Permit shall
expire and become void if the work authorized by the permit is not commenced within ~
twelve (12) months after the date of the permit.
4. Unless renewed as provided above, a Notice of Vegetation Removal Perm+t shall
expire and become void if authorized removal work, once commenced, is suspended,
discontinued, or abandoned for a period equal to or greater than ~ twelve (12) months.
5. If a Notice of 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
Notice of Vegetation Removal Permit must comply with all applicable standards in effect that the
time of reapplication.
F. VIOLATIONS
1. If the Public Works Director, or his designee determines that any land
development activity violates the terms or conditions of an issued Notice of 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 enforcement in
accordance with Section 11.13.03 of this Code.
2. If the Public Works Director, or his designee determines that any land
development activity violates the terms or conditions of an issued Notice of Vegetation Removal
Permit, or was conducted in the absence of a required Notice of Vegetation Removal Permit, the
Public Works Director, or his designee may direct that remedial mitigation through new plantings
relocations or I'reservation be provided for as follows:
a. all replacement trees, either prc3cl'\~d, relocated or nevvl)' planted, sl'l811
be of tne same or otncr !!. native !peCiC3 !!IS tno trce(3) removed Onlv native veaetation shall be
allowed to meet anv reauired mitiaation. The replacement veaetation shall be the same species
as that which was removed. unless proven to be impractical. in which case. an alternative native
species. approved bv the Public Works Director, or his desianee. shall be used:
b. the quality and size of the replacement trees shall meet the minimum
landscape requirements set forth in Section 7.09.03(E). The Public Works Director, or his
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designee may require a minimum e8liper of tree size greater than that setforth in Section
7.09.03(E) depending on specific site conditions and circumstances;
c. the quantity of replacement trees shall be at a ratio of four (4) inches
D.B.H. per one (1) inch D.B.H. removed7 ~ except tl'l8t for £each palm tree that is removed the
palm tree mitigation requirement shall be at a ratio of one two palm tree§ pre3el"oed, reloc8ted,
Dlanted for each palm removed.
d. The replanting design shall provide adequate space for root and crown
development;
e. The replanting design shall include adequate understory and ground
cover plants and materials as necessary to replicate the existing native habitat that was
improperly removed or disturbed;
f. 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:
1. 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
2. Contribute $200 per inch DBH required for mitigation to the
County to 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.
g. In the event that the Public Works Director, or his designee is unable to
determine the D.S.H. of trees removed through the improper land clearing activity, the Public
Works Director, or his designee shall request that the developer provide documentation verifying
the number, type and size of all trees removed. If the developer cannot provide this infonnation,
or if this information is determined by the Public Works Director, or his designee to be incomplete,
the Public Works Director, or his designee may develop an estimate of the number, type and sizes
of the trees removed. In determining this estimate, the Public Works Director, or his designee
shall use any and all available historical date and data of record for the property including, but not
limited to, recent aerial and ground photography of the site; site plan or survey data on file or that
is otherwise available to the County, and any other credible information that can be used to
provide an accurate representation of the property before it was improperly cleared. Veaetation
removed without prior approval shall be presumed to have been in aood condition. In the event
that the developer disputes or otherwise does not agree with the estimate determined by the
Public Works Director, or his designee, the developer may appeal this detennination to the County
Administrator. In the event that the developer does not agree to the 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 (B )(2) of this Code.
As part of the mitigation agreement approved by the Public Works Director, or his
designee the property owner shall submit to an inspection of the planted/preserved materials 18
months after the approval of the mitigation 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 original approved mitigation plan, the property owner shall
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be provided notice and directed to correct any observed deficiencies and replace all noncompliant
trees within 60 days. Failure to maintain all required mitigation shall be grounds for referral to
the Code Enforcement Board for appropriate enforcement actions.
G. APPEALS
Except as provided for in paragraph (F)(2)(g) above, any final action by the Public Works
Director, or his designee may be appealed to the Board of Adjustment, in accordance with the
provisions of Section 11.11.00 of this Code.
....*.***.*....*....*.*
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 beheld 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 in the unincorporated area of St. Lucie County.
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.
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 Frannie Hutchinson NAY
Vice Chairman Doug Coward AYE
Commissioner Paula Lewis AYE
Commissioner Chris Craft AYE
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_______'u_
Commissioner Joseph E. Smith AYE
PART H.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the 81. Lucie County Land
Development 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 relettered to
accomplish such intention; provided, however, that parts B through H shall not be codified.
ATTEST:
BY:
~
STATE OF FLORIDA
ST. LUCIE COUNTY
THIS TO CERTIfY HAT THIS IS A
TRUE AND C :CO'Y Of THE
ORI51 A .
k
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