HomeMy WebLinkAboutEC 89-04
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BEFORE THE BOARD OF COmrI'Y COMMI SSIORERS
ST. LUCIE COmrI'Y, FLORIDA
EBVIRORMENTAL CONTROL ORDIHARCE HUMBER EC-89-04
AN ORDINANCE AMENDING CHAPTER 1-7.6, CODE OF
ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY
CREATING INTERIM REGULATIONS FOR THE
PROTECTION OF TREES AND NATIVE VEGETATION IN
THE UNINCORPORATED AREAS OF ST. LUCIE COUNTY;
PROVIDING FOR SHORT TITLE; AUTHORITY FOR
ENACTMENT; APPLICABILITY; LEGISLATIVE INTENT;
DEFINITIONS; RELATIONSHIP TO OTHER CODES;
ADMINISTRATIVE REGULATION; VEGETATION REMOVAL
PERMIT REQUIRED; EXEMPTIONS; PERMIT
APPLICATION AND OTHER ADMINISTRATIVE
REQUIREMENTS; CRITERIA GOVERNING ISSUANCE OF
PERMIT; VESTED RIGHTS; LOCAL PERMIT NOT
EXCLUSIVE; AND ENFORCEMENT AND PENALTIES;
PROVIDING FOR CONFLICTING PROVISIONS;
SEVERABILITY; APPLICABILITY; FILING WITH THE
DEPARTMENT OF STATE; FI LI NG WI TH THE
DEPARTMENT OF COMMUNITY AFFAIRS; EFFECTIVE
DATE; SUNSET DATE; CODIFICATION; AND
ADOPT! ON.
WHEREAS, the Board of County Commissioners of St.
Lucie
CountYI Floridal is authorized by Chapter 1251 Florida Statutesl
safety and
to provide regulations that promote the healthl
general welfare of the citizens of st. Lucie CountYI Florida¡
healthl safety and general welfare of the citizens of and
WHEREAS, it is the intent of the Board to provide for the
visitors to st. Lucie County by establishing an administrative
review process which encourages beneficial land and forest
management practices by minimizing the unnecessary removal of
valuable existing native vegetation in advance of approved land
development within the unincorporated area of St. Lucie CountYI
and to prevent such destructive land development practices as
speculative clearing or grubbing of land when no bona fide
development plan or no tree and native vegetation protection has
been prepared for a site¡
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WHEREAS,
the Board desires to enact tree protection
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regulations for the purpose of protectingl
preserving and
replacing
canopy¡
conserving rarel threatenedl and
tree
endangered speciesl and species of special concern¡
promoting
the preservation of native vegetation and unique or unusual
species¡ providing for wildlife habitat¡
maintaining the
natural character of neighborhoods¡ and preserving the natural
diversity
species
and promoting environmentally sound
of
aes theti cs ¡
WHEREAS, enactment of a vegetation protection ordinance
will provide for the preservation and protection of valuable
vegetation until bona fide site development plans can be prepared
which incorporate as much vegetation as possible into site
designs¡
WHEREAS, the County's draft Comprehensive Plan requires that
by August 11 1990 the land development regulations include
specific regulations governing the protection of native upland
habitat through preservation and restoration programs¡
WHEREAS, the County's draft Comprehensive Plan requires that
the clearing of a specific development or redevelopment site or
sites shall not commence until the developer is ready to
construct the building or buildings to be located on the sitel
unless otherwise approved by the County¡
WHEREAS, the Board desires to provide for the interim
protection and preservation of valuable existing native
vegetation until the specific regulations required in the draft
Comprehensive Plan referenced above have been enacted¡ and
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WHEREAS, the St. Lucie County Environmental Control Board
,
has been established and delegated powers to enforce state and
local environmental control laws 1 ordinances and administrative
rules pursuant to Chapter 83-5111 St. Lucie County Environmental
Control Actl Laws of Floridal and Chapter 1-7.61 St. Lucie
Environmental Control Ordinance¡
NOW,
THEREFORE,
BE I T ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SITTING AS THE ST.
LUCI E COUNTY EBVIRORMENTAL CONTROL BOARD:
PART ONE
The following shall be added to Chapter 1-7.61 Environmental
Control, Code of Ordinances of St. Lucie CountYI Florida:
Section 1.
Short Title.
This chapter and the provisions contained herein shall be known
as the Interim St. Lucie County Vegetation Protection and
Preservation Ordinance.
Section 2.
Authori ty for enactm.ent.
This chapter is enacted pursuant to authority vested in the Board
of County Commissioners by virtue of Article 8 Section 1 of the
Constitution of the State of Floridal Section 125.01 and Chapter
163.3161 et seq'l Florida Statutes 1 and Chapter 83-5111 Laws of
Florida.
Section 3.
Applicabili ty.
This chapter shall be applicable to all land lying in the
unincorporated area of St. Lucie CountYI Florida.
Section 4.
LeqisIati ve intent.
It is the intent of the Board of County Commissioners of St.
Lucie County, Floridal to provide for the healthl safetYI and
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welfare of the residents of and visitors to St. Lucie County by
,
establishing an administrative review process which encourages
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 additionl this chapter is intended to prevent
such destructive land development practices as speculative
grubbing and clearcutting of land when no bona fide site
development plan or no comparable vegetation management plan has
been prepared for a site.
Section 5.
Defini tions.
(a)
Board.
The St. Lucie Board of County Commissionersl
sitting as the St. Lucie County Environmental Control Board.
(b) Department.
The st. Lucie County Community Development
Department.
( c )
Dripline.
A natural
vertical line extending from
the outermost circumference of the branches of a tree to the
ground.
(d) Grubbing. The removal of vegetation from land by means
of diggingl raking, dragging or otherwise disturbing the roots of
vegetation and the soil in which such roots are located.
( e )
Lot or parcel of land.
Land that is occupied or
intended for occupancy by a use that includes or will include at
least one (1) structure together with any accessory structurel
yard, open spacel buffer areal or parking spaces I or any
contiguous quantity of land capable of being described with such
definiteness
that
its locations and
boundaries
may
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~stablishedl that is designated by its owner or developer as land
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to be used or developed as a unitl or that has been used or
developed as a unit.
If such a parcel of land is divided by a
right-of-way or zoning boundary, it may be considered to be one
(1) parcel by the owner.
(f) Person: Any individuall firml corporationl partnershipl
joint venture I associationl principall trusteel municipal
corporationl political subdivisionl or special districtl or any
agent or representative thereof.
(g)
Machinery, heavy:
Trucks, mechanical land clearing,
earth moving, or earth working equipment with a gross weight in
excess of five thousand (5/000) pounds.
For the purposes of this
chapterl all machinery that utilizes steel tracks for traction
shall be considered heavy machinery.
(h) Plant speciesl prohibited: The following species:
(1) All species of Casuarina
(2) Enterolobium cyclocarpum:
Ear-pod tree
(3) Melia azedarach:
Chinaberry
(4) Schinus terebinthifolius: Brazilian pepper tree
(5) Melaleuca qui nquenervi a: Melaleuca, punk or paper
tree
(6) Albezzia:
Mother' s tongue
(i) Remove or removal:
(1) The actual removal of vegetation¡ or
(2) Direct or indirect actions resulting in the
effective removal of vegetation through damaging
or poisoning¡ or
(3) Similar actions directly or indirectly resulting
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in the death of vegetation.
(j) Site development plan, bona fide:
( 1 ) A valid building permi t¡ or
(2 ) An approved site development pl ani or
(3 ) A final subdivision plan approval ¡ or
(4 ) A development order.
(k) Tree: A woody plant having a well defined steml a more
or less well defined crown, and which is capable of attaining a
height of at least fifteen (15) feet with a trunk diameter of not
less than two (2) inchesl or a cluster of main stems having an
aggregate diameter of not less than two (2) inchesl at a point
four and one-half (4 1/2) feet aboveground.
(l) Vegetationl protected: All vegetation other than:
(1) Prohibited plant species¡ or
(2) Vegetation excluded from protection by Section 9
of this chapter¡ or
(3) Non-native fruit trees that are cultivated or
grown for the specific purpose of producing edible
fruit including, but not limited tOI mangoesl
avocados, or species of citrus¡ or
(4) Trees that are less than five (5) inches in
diameter at a point four and one-half (4 1/2) feet
aboveground or less than fifteen (15) feet in
height.
Section 6. Relationship to other codes.
The provisions of the following codesl ordinancesl or sections
thereof, shall supersede the provisions of this chapter to the
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extent of conflict:
(a) The St. Lucie County Mangrove Protection Ordinance,
Code of Laws and Ordinancesl Chapter 1-7.61 Environmental
Controll Article II. 1.
(b) The Hutchinson Island Coastal Area Protection
Or din an c e , Cod e 0 f Law san d 0 r din an c e SIC hap t e r 1 - 7. 6 I
Environmental Controll Article V.
Section 7. Administrati ve requlation.
(a) The Department is charged by the Board with the
responsibility for administering and enforcing this chapter and
the regulations promulgated pursuant thereto.
(b) The provisions of this chapter may be suspended or
waived by the Department during a period of officially-declared
emergency, such as a hurricane, windstorml floodl or similar
disaster.
(c) Any final action by the Department may be appealed to
the Board. An appeal may only be initiated by filing a written
request with the County Administrator, or designee. Upon receipt
of the request and within a reasonable period of time not to
exceed thirty (30) daysl the request shall be scheduled before
the Board. The request shall not be subject to the formal notice
and advertisement requirements set out in the St. Lucie County
Zoning Ordinance. The appellant, howeverl shall be notified of
the time and date of the public hearing. The Department shall be
required to submit a report to the Board citing the reasons for
the final action.
Section 8. Veqetation rem.oval permit required.
(a) Unless otherwise provided in this chapterl no person
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shall remove vegetation from 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 Department
unless exempt pursuant to Section 9 of this chapter.
(b) Unless otherwise provided for in this chapterl all
public agenciesl including the various subdivisions of St. Lucie
County government, shall be subject to the requirements of this
chapter.
Public agencies, however, shall not be subject to:
(1) The permit application fees established by Section
10(f) below¡ or
(2) The penalties established by Section 14 below.
Section 9. Exemptions.
Notwithstanding anything to the contrary in this chapterl the
following activities shall be lawful without application for or
issuance of a vegetation removal permit in the situations below.
(a) The removal I trimmingl pruning or alteration of
unprotected vegetation as necessary for:
(1) The clearing of 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 surveys¡ or
(2) The clearing of a path not to exceed ten (10) feet
in width to provide vehicular access necessary to
conduct soil percolation and/or soil bore tests on
landl provided such clearing or removal is
conducted
under
the
direction
of
Florida
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registered surveyor or engineer.
(b) Routine landscape maintenance such as trimming or
pruning of vegetation which is not intended to result in the
eventual death of the plantl mowing of yards or 1 awns I or any
other landscaping or gardening activity which is commonly
recognized as routine maintenance or replacement.
(c) The removall trimmingl pruning or alteration of any
tree or vegetation in an existing utility easement or right-of-
way provided such work is done by or under the control of the
operating utility company and said company has received all
necessary licenses or permits to provide utility service within
the eas ement.
(d) The removal I pruningl trimming or alteration of any
tree or vegetation for the purpose of maintaining existing access
to a site.
(e) Any activity conducted by a lawful operating and bona
fide commercial nurserYI tree farml agricultural operationl
ranchl or similar operationl when the activity occurs on land
owned or lawfully occupied by the person conducting said activity
and is done in pursuit of said activity.
This exemption shall
include the purposeful removal of a tree or trees for their
permanent relocation at another site undergoing development.
When vegetative removal or grubbing has been performed under this
exemption based upon the use of the land for an agricultural
operationl no site development plan shall be approved for any
nonagricultural use or improvement on the same site within two
(2) years of the completion of such vegetative removal or
grubbing.
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(f) The removal of any tree which has been destroyed or
damaged beyond saving by natural causes or causes not covered by
other sections of this chapterl or which constitutes an immediate
peril to lifel propertYI or other trees.
(g) Any vegetation removal or grubbingl except mangrove or
dune vegetationl upon any detached single family residential lot
or parcel of land having an area of one (1.0) acre or less¡
providedl this exemption shall not be construed to allow
vegetation removal or grubbing without a permit on any such lot
or parcel of land by its subdivider unless the subdivider intends
in good faith to forthwith begin construction of a dwelling unit
or units upon said lot or parcel of land.
Advertisement or
listing for sale of the particular lot or parcel of land without
the dwelling unit shall create a presumption that the subdivider
does not intend to forthwith begin such construction and that the
intent is for the lot or parcel of land to be developed by a
subsequent purchaser.
(h) Vegetation which is required to be removed by lawl
ordinancel or the lawful exercise of some other public power.
None of the above exemptions shall apply to any mangrove tree or
dune vegetation.
The burden of proving entitlement to any
particular exemption shall lie with the person claiming use of
the exemptionl in the event the exempted activity ever becomes
subject to an enforcement proceeding.
Section 10.
Permit application and other administrative
requirements.
(a) Any person desiring a vegetation removal permit shall
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make written application to the Department upon forms provided by
the Department.
(b) The application form shall be accurately completedl
signedl and notarized by the land owner or his agent.
If the
application is submitted by an agentl it shall include a
notarized agency agreement clearly indicating that the land owner
has delegated full authority to apply for the permit and to
accept the terms of any special conditions which may be imposed
by the Department in accordance with this chapter. The
application shall include the namel addressl and telephone number
of the land owner and his agent.
(c) Each application for a vegetation removal permit shall
be accompanied by a generalized vegetation inventory which shall
consist of a survey based upon the most current available
information.
The survey shall show the approximate locationl
extent and general type of vegetation upon the sitel including
common or scientific names of the major groups of vegetation.
The survey shall indicate which protected vegetation is intended
for removal and/or grubbing and which will be left undisturbed.
For non-residential and multifamily developmentl the survey may
be in the form of an aerial or a field surveYI and shall be
accompanied by photographs illustrating areas of vegetation. For
individual single family or duplex developmentsl the survey may
be in the form of hand drawn sketches accompanied by photographs
of existing site conditions.
If site development plans have been
preparedl the survey shall be prepared to the same scale or in
some other manner which clearly illustrates the relationships
between areas of vegetation and proposed site improvements. If
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no site development plans are availablel the survey shall be
prepared to a convenient scale which clearly reveals the extent
of vegetation upon the site.
(d) The Department may require that the application include
such additional information which is reasonable and necessary for
adequate administration of this chapter.
(e) The application and accompanying documents shall be
submitted in copies sufficient to administer this chapter.
(f) The completed application shall be accompanied by an
application fee established by resolution of the Board.
(g) The filing of an application shall be deemed to extend
permission to the Department to inspect the subject site if
necessary for purposes of evaluating the application.
(h) For those applications which are not being processed
concurrently with a site development planl the Department shall
review each complete application and shall render a decision
within fifteen (15) working days of acceptance.
If no decision
is made within the indicated time periodl the permit shall be
deemed to have been granted in accordance with the information on
the application.
If the permit is not issuedl the Department
shall state in writing the reasons for denial and advise the
applicant of any appeal remedies available.
For one good causel
the Department may request an extension from the applicant of an
ad d i t ion a 1 ten (1 0) w 0 r kin g day sin w h i c h tom a k e a
determinationl provided the extension is requested prior to
expiration of the initial fifteen-day period.
(i) Any permit issued hereunder shall remain valid for a
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term of six (6) months and may be renewable for a second six-
month period upon request to Department provided said request
occurs prior to the expiration date of the initial permit. The
Department may require reapplication and full review in those
renewal cases where site conditions have changed substantially
from the date of issuance of the initial permit as a result of
natural growth of trees and vegetationl or high winds I hurricanel
tornado I floodingl fire, or other act of nature.
If a permit
required by this chapter has been issued concurrently with a bona
fide site development planl then such permit shall run
concurrently with the bona fide site development plan and shall
be renewed together therewith.
(j) Vegetation removal permits shall automatically expire
and become void if the work authorized by such permit is not
commenced within six (6) months after the date of the permit.
(k) Vegetation removal permits shall expire and become void
if authorized removal workl once commencedl is suspendedl
discontinuedl or abandoned for a period equal to or greater than
six (6) months.
(l) If a vegetation removal permit expires or becomes void
after work has commenced, a new permit shall be obtained before
work is resumed.
(m) A permit shall be prominently displayed upon the site.
Section 11.
Cri teria qoverninq issuance of permit.
(a) The Department shall grant a vegetation removal permit
provided that a completed application is accompanied by
sufficient evidence that at least one of the following criteria
has been satisfied with respect to the protected vegetation
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ùesignated for removal or grubbing under the permit:
(1) No protected vegetation exists upon the lot or
parcel of land¡ or
(2) Removal of protected vegetation is necessary in
order to:
a. Implement a bona fide site development plan¡
or
b. Initiate preliminary site development
according to an orderly program which
includes a vegetation management element
whi ch:
i. Is consistent with the intent of this
chapter¡ and
ii. Substantially conforms to the
environmental protection standards
outlined in the latest edition of the
"Silvaculture Best Management Practices
Manual" prepared by the Division of
Forestry of the State of Florida¡ or to
the best management practices for
vegetation protection recognized by such
professional associations as the
American Forestry Associationl the
American Arborists Associationl or the
American Society of Landscape
Architects¡ or
(3) Removal is limited to prohibited plant species.
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(4) That the tree is located within an existing or
proposed right-of-way¡
(5) That the tree is located within an existing or
proposed easementl storm water management tract or
facilitYI provided that only the minimum area
reasonably necessary for the contemplated service
or use shall be considered under this criterion¡
(6) That the tree is located where its continued
existence would unreasonably interfere with the
physical construction of the improvements on a
particular lot or parcel of land as may result
from interference with the access to the site by
construction equipmentl or with the operation of
the equipment on the site in the immediate
vicinity of the proposed structure or
improvements ¡
(7) That the tree is located where it creates or will
create a safety or health hazardl or a nuisance
with respect to existing or proposed structures or
vehicle or pedestrian routes¡
(8) That the tree is located where it interferes with
the installationl deliverYI or maintenance of
proposed or existing utility service to the lot or
parcel of 1 and¡
(b) The extent of approval to remove vegetation shall be
limited by the Department to the minimum necessary to accomplish
the purpose of the removal operation.
This may include limiting
the extent of approval to portions of a lot or parcel of land or
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specifying special conditions by which removal shall take place.
Such limitation shall be clearly indicated in writing in the
vegetation removal permit. If vegetation removal is limited to a
portion of a lot or parcel of landl the extent of such limitation
shall be clearly delineated on the face of any site development
plans.
(c) The following minimum standards for vegetation
protection shall be applied to any area of vegetation designated
for protection by this chapter:
(1) A suitable protective barrierl constructed of
metall woodl or other durable material, shall be
placed around individual protected treesl 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 either six (6) feet
or two-thirds (2/3) of the radius of the
dripline from all protected hardwood treesl
whichever is greater¡ or
c. At a minimum distance of either six (6) feet
or the radius of the dripline from all
protected conifer treesl whichever is
greater¡ or
d. As otherwise provided in special conditions
attached to a vegetation removal permit.
(2) Unless otherwise provided by law or in the terms
of special conditions included in a vegetation
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removal permitl groups of protected trees or areas
of vegetation to be preserved shall not require
protective barriers.
Howeverl such areas shall be
prominently highlighted by the installation of
stakes at a maximum of fifty (50) feet apart.
Ropes I plastic tape, ribbons I or similar material
shall be attached to the stakes around the
perimeter of the protected area.
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
acti vi ty.
(3) Protective barriers or protective designations
shall remain in place until they are authorized to
be removed by appropriate Department inspection
staff or until receipt of a certificate of
occupancy.
(4) The entire vegetation preservation area shall
ei ther be:
a. Maintained in its natural state¡ or
b. Provided with permeable landscape materiall
such as grassl ground coverl or mulch¡ or
c. Designed to conform to the landscaping
requirements of the St. Lucie County Zoning
Ordinance.
(5) No grade changes shall be made within the
vegetation preservation area which require
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trenching or cutting of rootsl except in
compliance with the terms of special conditions in
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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.
(6) No soil shall be removed from within a vegetation
preservation area.
(7) No fill materiall construction materiall concretel
paintl chemicalsl or other foreign materials shall
be storedl deposited or disposed of within a
vegetation preservation area.
(8) No signsl permits, wiresl or other attachmentsl
other than those of protective and non-damaging
nature I 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 designationsl installation
shall be accomplished using light machinery and
hand labor.
(10) Heavy machinery shall not be drivenl parkedl or
stored within designated vegetation preservation
areas.
(d) In addition to the minimum standards established above I
supplemental site specific standards may be imposed by the
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Department as a special condition of a vegetation removal permit.
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
Servicesl or a similar recognized reference manual.
Section 12.
Vested riqhts.
This chapter shall not apply to developments for which
applications for building permits have been accepted by the
Department prior to its effective date.
This chapter shall apply
to any such development if the building permit subsequently
expires or otherwise becomes void.
Section 13.
Local permit not excl usi ve.
It is the intent of this chapter that permits or approvals
required hereunder shall be in addition to and not in lieu of any
federal, statel regional or other local approvals which may be
required for the same or similar activities.
In the event this
chapter conflicts with any other regulations on this subject
matterl the more restri cti ve shall apply.
Compliance with
provisions of this chapter does not excuse any person for
noncompliance with other applicable federal I statel regional and
local laws.
Section 14.
Enforcement and penalties.
(a) Enforcementl penalties I appeals I and remedy of matters
related to this chapter shall be regulated pursuant to procedures
established in the St. Lucie County Environmental Control Actl
Chapter 83-5111 Laws of Florida, and the St. Lucie County
Environmental Control Ordinancel Chapter 1-7. 61 St. Lucie Code of
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(b) Each person who commitsl attempts to commitl conspires
to commitl or aids and abets in the commission of any act
declared herein to be in violation of this chapter whether
individually or in connection with one (1) or more personsl or as
a principall agent or accessorYI shall be guilty of such offense
and every person who falselYI fraudulentlYI forcibly or willfully
enticesl causesl coercesl requiresl permits or directs another to
violate any provision of this chapter is likewise guilty of such
offense.
(c) Each individual protected vegetative plant unlawfully
removed or grubbed under the provisions of this chapter shall
constitute a separate offense.
(d)
Each day that a violation of
this
chapter is
continued or permitted to exist without compliance shall
constitute a separate offense prescribed in Section 1-7.6-9
(Violations and Penalties) of the st. Lucie County Environmental
Control
Ordinancel
and Section 16
(Violations¡
Criminal
Penalties) of the St. Lucie County Environmental Control Actl
Chapter 83-5111 Laws of Florida.
(e) No building permitsl site development plansl
subdivision plan approvalsl development ordersl occupational
licensesl zoning compliancesl certificates of occupancYI or other
form of site approval shall be issued to any violator of this
chapter until the violation(s) have been properly abated to the
satisfaction of the County.
(f) Notwithstanding any other penalty provisions set forth
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'hereinl St.
Lucie County may file an action for injunctive relief
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in the Circuit Court of the Nineteenth Judicial Circuit in and
for St. Lucie CountYI Floridal in order to prevent any violation
of this chapter.
(g) In any enforcement proceedingl the adjudicating body
may consider mitigating measures voluntarily undertaken by the
alleged violator such as replacement or relocation of protected
vegetationl or other landscaping improvements I in fashioning its
remedy I in addition to or in lieu of other penalties provided by
law. Such body may also require such restorative measures in
addition to or in lieu of other penalties provided by law.
PART 'TWO: CONFLICTING PROVISIONS
In the event that this ordinance conflicts with any other rule or
regulation on this subject matterl the more restrictive shall
apply.
PART THREE: SEVERABILITY
If any portion of this ordinance is for any reason held or
declared to be unconstitutional I inoperative or voidl 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 personl property or circumstancesl
such holding shall not affect its applicability to any other
personl property or circumstances.
PART FOUR: APPLICABILITY OF ORDIHARCE
This ordinance shall be applicable throughout the
unincorporated areas St. Lucie County.
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~OåK 664 PACt 14 78
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PART FIVE:
FILING WITH DEPARTMENT OF STATE
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The Clerk be and hereby is directed forthwith to send a
certified copy of this ordinance to the Bureau of Lawsl
Department of Statel The Capitoll Tallahasseel Florida 32304.
PART SIX: FILING WITH DEPARTMENT OF COMMUNITY AFFAIRS
The County Attorney shall send by certified mail a certified
copy of this ordinance to the Treasure Coast Region Planner/DRI
Sectionl Department of Community Affairsl The Reyne Buildingl
2740 Centerview Drivel Tallahassee, Floridal 32301.
PART SEVEN: EFFECTIVE DATE
This ordinance shall take effect upon its adoption by the
St. Lucie Board of County Commissionersl sitting as the St. Lucie
County Environmental Control Board.
PART EIGHT: SUNSET DATE
This ordinance shall be repealed on August 11 1990 or upon
enactment of a permanent vegetation protection and preservation
ordinance whichever comes first.
PART NINE: CODI FI CATI ON
Provisions of this ordinance shall be incorporated in the
County Code and the word "ordinance" may be changed to "section/"
"article" or other wordl and the sections of this ordinance may
be renumbered or relettered to accomplish such intention¡
providedl howeverl that Parts Two through Ten shall not be
codified.
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~OåK 664 PACt 14 Î9
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ADOPTION
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After motion and secondl the vote on this ordinance was as
follows:
Chairman Judy Culpepper aye
Vice-Chairman Havert L. Fenn aye
Commissioner Dale R. Trefelner aye
Commissioner Jim Minix aye
Commissioner Jack Kreiger aye
DULY PASSED AND ADOPTED THI S 7th
DAY OF November. 1989.
ATTEST:
\1
BOARD OF COUNTY COMMI SSI ORERS'
ST. LUCIE COUNTY, FLORIDA
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