Brevard county landscaping land clearing tree protection requirements
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Brevard County Landscaping & Land Clearing & Tree Protection Requirements. November 2006. Overview. Ordinance History Summary of Changes New Landscaping, Land Clearing & Tree Protection Code Questions. Ordinance History. Emergency ordinance in 1985 Updated 88, 89, 99, 02

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Brevard County Landscaping & Land Clearing & Tree Protection Requirements

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Brevard county landscaping land clearing tree protection requirements

Brevard County Landscaping & Land Clearing & Tree Protection Requirements

November 2006

Natural Resources Management Office


Overview

Overview

  • Ordinance History

  • Summary of Changes

  • New Landscaping, Land Clearing & Tree Protection Code

  • Questions

Natural Resources Management Office


Ordinance history

Ordinance History

  • Emergency ordinance in 1985

  • Updated 88, 89, 99, 02

  • 3 public meetings on Legislative Intents 04

  • Task Force starting meeting March 05

    • Task Force Members

  • 21 Meetings

  • Result = Comprehensive LC/LS/TP Ordinance proposal repealing 2 previously separate codes

  • Passed by BOCC with slight modifications 10/24/06

Natural Resources Management Office


Summary of changes

Summary of Changes

  • Purpose/Intent

  • New/Modified definitions

  • New/Modified Exemptions

  • Clarified Ag Exemptions with Rollback

  • Modified Penalties Section, Remedies added

  • Canopy and Tree Preservation Performance standards different per use

Natural Resources Management Office


Summary of changes1

Summary of Changes

  • Landscape Performance Standards – no points

  • Parking Lot Landscaping Changes

  • Vegetative Buffering

  • Optional Xeriscaping

  • Incentives for excess canopy preservation

  • NNIPS

  • Alternative Landscape Enhancement Plans, Mitigation, Compensation and Waivers

Natural Resources Management Office


New landscaping land clearing tree protection code

New Landscaping,Land Clearing, & Tree Protection Code

Natural Resources Management Office


Sec 62 4331 purpose and intent

Sec. 62-4331. Purpose and Intent.

The Brevard County Board of County Commissioners finds that the health, safety and welfare of its citizens can best be protected by land use regulations that support and enforce the following community goals:

(1) Promote the establishment, management and conservation of native vegetative communities.

(2) Promote visual and aesthetic buffers between land uses.

(3) Encourage the protection of Heritage or Specimen Trees.

(4) Promote water conservation and aquifer recharge.

Natural Resources Management Office


Sec 62 4331 purpose and intent1

Sec. 62-4331. Purpose and Intent.

(5) Encourage creative landscape designs.

(6) Protect life and property by appropriately planting trees and vegetation.

(7) Preserve and enhance property values.

(8) Control soil erosion and mitigate heat, air and water pollution.

(9) Provide regulations that are user-friendly, flexible and minimize conflicts with other land development regulations while protecting property rights.

Natural Resources Management Office


Important definitions

Important Definitions

  • Alternative Enhancement Plan

  • Adverse Site Conditions

  • Buildable Area

  • Greatest Extent Feasible

  • Heritage Tree

  • Land Clearing

  • Mature

Natural Resources Management Office


Important definitions1

Important Definitions

  • Non Native Noxious Invasive Plant Protected Tree

  • Roll Back

  • Root Protection Zone

  • Specimen Tree

  • Xeriscaping™ or Water-Wise Landscaping

Natural Resources Management Office


Exemptions from permitting requirements 11 sec 62 4334

Exemptions from Permitting Requirements (11) Sec. 62-4334

  • Pursuant to the Florida Agricultural Lands and Practices Act (Chapter 163.3162(4), Florida Statutes), any activity of a Bona Fide Agricultural Use on land classified as agricultural land ("Green Belt") pursuant to Section 193.461, Florida Statute.

Natural Resources Management Office


Exemptions from permitting requirements 11 sec 62 43341

Exemptions from Permitting Requirements (11) Sec. 62-4334

2.Single family lots that are 1.25 acres or less are exempt from the canopy and preservation requirements of this Division as long as minimum landscaping requirements as may be required by this Division are met and maintained.

Natural Resources Management Office


Exemptions from permitting requirements 11

Exemptions from Permitting Requirements (11)

3. Single family lots that are more than 1.25 acres but less than or equal to 2.5 acres are exempt from the canopy and preservation requirements of this Division as long as Heritage Tree, Specimen Tree and minimum landscaping requirements as may be required by this Division are met and maintained.

Natural Resources Management Office


Exemptions from permitting requirements 111

Exemptions from Permitting Requirements (11)

4.Single-family properties 2.5 acres or less that have a Certificate of Occupancy are exempt from the requirements of this Division as long as minimum landscaping and tree preservation requirements as may be required by this Division are met and maintained.

Natural Resources Management Office


Exemptions from permitting requirements 112

Exemptions from Permitting Requirements (11)

5.The removal of any plant that is a Non-Native Noxious Invasive Plant as specified in Section 62-4332 of this Division except within shoreline protection buffers as defined by Article X, the Brevard County Coastal Construction Setback Line as defined by Article XII, and wetlands as defined by Article X. Within these areas, Non-Native Noxious, Invasive Plant removal is exempt if:

a.No mechanical equipment is used.

b.Roots shall not be removed below ground. Above ground foliage may be cut and stumps treated appropriately.

c.  Herbicides are used to treat the invasive species as approved for aquatic use.

Other methods may be considered pursuant to the waiver provisions set forth in Section 62-4344.

Natural Resources Management Office


Exemptions from permitting requirements 113

Exemptions from Permitting Requirements (11)

6.Linear Projects are exempt if determined by the Board of County Commissioners to be in the public interest as defined in the Brevard County Comprehensive Plan Glossary. Linear projects include federal, state and county roadways, such as arterial and collector roads, sidewalks, trails and paths.

Natural Resources Management Office


Exemptions from permitting requirements 114

Exemptions from Permitting Requirements (11)

7.Emergency removal of a dead or seriously damaged tree that adversely affects the health, safety and welfare of the property owners or the general public.

8. When the proposed land clearing activity is regulated by another state or federal agency and such regulations may pre-empt local regulations.

Natural Resources Management Office


Exemptions from permitting requirements 115

Exemptions from Permitting Requirements (11)

9.The removal of vegetation that has been ordered by the County, pursuant to the provisions of Chapter 114, Article II. Prior to issuing the order for removal of vegetation pursuant to the provisions of chapter 114, Article II, Code Enforcement shall consult NRMO. If the removal conflicts with the requirements or intent of this Division, the County manager or designee shallnegotiate a resolution of the conflict.

Natural Resources Management Office


Exemptions from permitting requirements 116

Exemptions from Permitting Requirements (11)

10.The removal of Fruit and Nut Crops unless used to satisfy the landscaping performance standards of this Division.

11.All lands that have an existing land clearing permit, approved site plan or building permit shall be exempt from requirements of this Division that are inconsistent with the previous ordinance.

Natural Resources Management Office


Ag exemption rollback

Ag Exemption Rollback

  • Sec. 62-4335. Non-Bona Fide Agricultural Land Clearing Activities.

    …shall be subject to the roll-back requirements in this Division as defined in Section 62-4332, Definitions.

  • Proposed Bona Fide Agricultural Use land clearing activities on lands that are proposed, but not yet classified as “Green Belt” pursuant to Section 193.461, Florida Statute shall be subject to the Roll Back requirements in this Division as defined in Section 62-4332, Definitions.

Natural Resources Management Office


Land clearing penalties

Land Clearing Penalties

Sec. 62-4336. Penalties and Remedies.

General Penalties

Unless permitted through an After-The-Fact Permit, violations of this Division shall be punished pursuant to Section 62-5 and Section 1-7, Brevard County Code, as amended. Violations of this Division are considered irreparable and irreversible in nature.

Natural Resources Management Office


Land clearing penalties1

Land Clearing Penalties

Sec. 62-4336. Penalties and Remedies.

(2)Special Provisions

a.Each quarter acre, or fraction thereof, of land clearing in violation of this Division shall constitute a separate violation.

b.If Protected Trees are cut down on or removed from the site, each tree shall constitute a separate violation.

c.The Board of County Commissioners may establish a schedule of fines to be assessed pursuant to Section 2-176 by resolution.

d.The Board of County Commissioners may establish by resolution both mitigating and aggravating factors to be considered in assessment of a fine imposed pursuant to Section 2-176, Brevard County Code.

Natural Resources Management Office


Land clearing penalties2

Land Clearing Penalties

Sec. 62-4336. Penalties and Remedies.

(3)Additional Remedies

a.Stop Work Orders

b.Restoration and Replacement

c.Mitigation as provided for in Section 62-4344 of this Division.

Natural Resources Management Office


Land clearing penalties3

Land Clearing Penalties

Sec. 62-4336. Penalties and Remedies.

(4)Fines assessed pursuant to Section 2-176, Brevard County Code, that are collected will be deposited into a trust fund to be utilized for re-vegetation, restoration and management of public conservation lands. It is expected that collected funds will be utilized – not accrued for future use. All acquisitions made through this program shall be voluntary.

Natural Resources Management Office


Canopy preservation

Canopy Preservation

Natural Resources Management Office


Canopy and tree preservation performance standards different per use

Land Use

Minimum Canopy Preservation of the Buildable Area

Canopy Achieved by Planted Trees of the Buildable Area

Total Canopy Percentage of the Buildable Area

Single-family Residential

20%

10%

30%

Multi-family Residential

15%

10%

25%

Commercial, Institutional, Public

10%

10%

20%

Industrial

10%

5%

15%

Canopy and Tree Preservation Performance standards different per use

Natural Resources Management Office


Canopy and tree preservation performance standards different per use1

Canopy and Tree Preservation Performance standards different per use

Sec. 62-4339.

Unless specifically exempted … all development shall meet the performance standards listed in this section.

(1) The amount of Canopy Coverage preservation on each property shall be determined … based on the property’s Buildable Area:

Natural Resources Management Office


Sec 62 4340 landscaping performance standards

(2)Satisfaction of the landscaping standards shall be achieved through the preservation of existing native vegetation to the Greatest Extent Feasible. When the minimum landscaping standards cannot be achieved through preservation, plantings of new vegetation shall be required to meet the standards.

Sec. 62-4340. Landscaping Performance Standards.

Natural Resources Management Office


Sec 62 4340 landscaping performance standards1

Minimum Trees Per Acre of Buildable Area

Minimum size specifications shall be as outlined in Section 62-4340 (8)

Lots containing less than one acre of Buildable Area shall provide no less than five (5) trees.

5

Minimum Inches of dbh per acre of Buildable Area

No less than fifteen (15) inches dbh per ¼ acre or fraction thereof.

60

Minimum Number of Shrubs and Groundcovers, Not Including Sod, per Acre of Buildable Area (or fraction thereof)

Minimum standard is a three-gallon fully rooted 15-18 inches in height shrub or equivalent.

Preservation of 25 square feet of native understory is equal to one three gallon fully rooted 15-18 inches in height planted shrub.

250

Sec. 62-4340. Landscaping Performance Standards.

Natural Resources Management Office


Tree planting size requirements

Tree Planting Size Requirements

  • For single-family residential use:

    • All species (excluding palms):

      • 8’ tall, 1” DBH, 2’ Spread

    • Palms: 8’ Clear Trunk

Natural Resources Management Office


Tree planting size requirements1

Tree Planting Size Requirements

  • For multi-family, commercial, and industrial uses:

    • Large species: 12’ tall, 3” dbh, 5’ spread

    • Medium species: 10’ tall, 1” dbh, 3’ spread

    • Small species: 8’ tall, 1” dbh, 2’ spread

    • Palms: 10’ Clear Trunk

Natural Resources Management Office


Parking lot island requirements

Parking Lot Island Requirements

  • For every ten parking spaces, one planted or preserved tree

  • ½ large species, ½ medium species

  • Islands shall not be less than twelve (12) feet in width for medium size tree species or fifteen (15) feet in width for large size tree species... Length will be determined by the length of the adjacent parking space.

Natural Resources Management Office


Parking lot island requirements1

Parking Lot Island Requirements

  • Landscaping must be evenly distributed throughout the parking area

  • Where adjacent to roadway buffer or other provided buffer, spaces are exempt

Natural Resources Management Office


Parking lot island requirements2

Parking Lot Island Requirements

  • Where bus, recreational vehicle, boat, motorcycle, golf cart, or any other non-standard spaces are provided, a landscape island twice the size of each non-standard space shall be provided for each ten non-standard spaces. There shall be one planted or preserved tree (minimum three (3) inches dbh) for every 300 square feet contained within the landscape island.

Natural Resources Management Office


Parking lot island requirements3

Parking Lot Island Requirements

  • For commercial and industrial uses, for each 400 square feet of Vehicular Use Area other than parking, there shall be an additional ten (10) square feet of landscaping. The placement of this must be in association with the Vehicular Use Area and shall be integrated within the Vehicular Use Area in a manner compatible with vehicular movement.

Natural Resources Management Office


Parking lot island example

Parking Lot Island Example

  • SF detailed for each landscape island in parking lot

  • All islands contain appropriate landscaping per the ordinance

Natural Resources Management Office


Parking lot island example1

Parking Lot Island Example

Natural Resources Management Office


Vegetative buffering

Vegetative Buffering

Natural Resources Management Office


Vegetative buffering1

Vegetative Buffering

  • Type A, opaque buffer

    • Separates commercial from residential uses

    • Completely opaque to 6’ high

    • 20’ wide vegetated area

    • No structures or parking within the buffer

    • May utilize wall, fence, berm, existing vegetation or combination

Natural Resources Management Office


Vegetative buffering2

Vegetative Buffering

  • Type B, roadway buffer (used to be Type C)

    • For residential subdivisions and commercial, public, institutional, or industrial projects

    • 15’ wide vegetated area located adjacent to any public right-of-way

    • No structures or parking within the buffer other than permitted signage

    • Planting Requirements per Appendix B

Natural Resources Management Office


Vegetative buffering type b example

Vegetative Buffering Type B example

Natural Resources Management Office


Street plantings

Street Plantings

  • For residential subdivisions and commercial, public, institutional, or industrial projects

    • Street Plantings. A continuous landscaped buffer shall be constructed along sidewalks and public or private roads internal to the project except for safety requirements at points of ingress and egress into the property and intersections. Such landscape buffers shall be a minimum of eight (8) feet in width and shall contain trees planted a maximum of forty (40) feet on center along the entire length.

Natural Resources Management Office


Xeriscaping or water wise landscaping

Hydrozones

100% NNIPS free

Mulch

‹50% high volume irrigation

Soil Analysis

Free of Nuisance Veg

Appropriately maintained

Automatic irrigation shut-off

If all met, 50% reduction in shrub requirement

Xeriscaping™ or Water-Wise Landscaping

Natural Resources Management Office


Incentives for add l canopy preservation

Incentives for Add’l Canopy Preservation

  • For preservation of canopy greater than the minimum total canopy required … a density bonus equal to one hundred percent (100%) of the excess canopy preservation area shall be granted not to exceed one hundred and fifty percent (150%) of the density assigned to the property. If other density transfers or bonuses are used in combination … the overall density of the property shall not exceed one hundred and fifty percent (150%) …

Natural Resources Management Office


Incentives for add l canopy preservation1

Zoning Density = 4 units per acre

Parcel Size = 10 acres

maximum 40 units permissible

Additional Preserved Canopy = 2 acres

100% Density Bonus = 8 units

maximum 48 units permissible

150% Maximum Density Permissible = 60 units

Additional Preserved Canopy

Incentives for Add’l Canopy Preservation

Natural Resources Management Office


Non native noxious invasive plant species nnips

Non-Native Noxious Invasive Plant Species (NNIPS)

Natural Resources Management Office


Removal of non native noxious invasive plant species

Removal of Non-Native Noxious Invasive Plant Species

  • Must remove up to 5 acres of NNIPS and control regrowth in perpetuity for new development.

Natural Resources Management Office


Alternative landscape enhancement plans aleps

Alternative Landscape Enhancement Plans (ALEPs)

  • Sec. 62-4344. Alternative Landscape Enhancement Plans, Mitigation, Compensation and Waivers.

    • In cases of Adverse Site Conditions or hardship, Alternative Landscape Enhancement Plans may be considered. … signed and sealed by a landscape architect … except for individual single-family homes not part of a platted subdivision. Alternative Landscape Enhancement Plans may consist solely or a combination of on-site preservation, landscaping enhancement, on-site mitigation, off-site mitigation and compensation. In all cases, the standards for Alternative Landscape Enhancement Plans shall be, in order of priority, on-site preservation of existing native vegetation, on-site landscape enhancement, on-site mitigation, off-site mitigation, and compensation.

Natural Resources Management Office


Alternative landscape enhancement plans aleps1

Alternative Landscape Enhancement Plans (ALEPs)

a.… exceed specific goals and intent of landscape regulations.

b.… achieve a tree canopy equal to five percent (5%) greater than the minimum required at the time of development.

c.Provides heat island mitigation and landscape buffers…

d.Replaces Protected Trees with new plantings of the same species at a rate of one hundred and fifty percent (150%) of the cumulative Diameter at Breast Height (dbh) of the trees removed, using minimum four (4) inch dbh plantings.

e.Parking shall not exceed the minimum required …

f. When the applicant provides clear and convincing evidence that demonstrates the canopy preservation and tree preservation performance standards listed within this Division cannot be met on the subject property, the applicant may submit an alternative plan that includes mitigation for consideration.

Natural Resources Management Office


Alternative landscape enhancement plans aleps2

Alternative Landscape Enhancement Plans (ALEPs)

  • Mitigation

    • Specimen or Heritage Trees must be preserved or relocated

    • Restoration and Replacement

      • Protected trees replaced at 150%, with min. 4” trees

      • Conservation easements

Natural Resources Management Office


Alternative landscape enhancement plans aleps3

Alternative Landscape Enhancement Plans (ALEPs)

  • Mitigation

    • Relocation

      • If can’t be retained of relocated on site, then can be moved to another location

      • Conservation easements

Natural Resources Management Office


Alternative landscape enhancement plans aleps4

Alternative Landscape Enhancement Plans (ALEPs)

  • Mitigation

    • Off-site preservation.

      • If on-site canopy and tree preservation standards cannot be met and restoration and relocation are not options, then off-site preservation may be considered. Off-site preservation will be based on square footage of canopy at a ratio of two (2) to one (1) of similar quality and diversity. Equal to or greater quality and diversity shall be determined by a certified arborist.

Natural Resources Management Office


Alternative landscape enhancement plans aleps5

Alternative Landscape Enhancement Plans (ALEPs)

  • Compensation

    • Costs established by resolution

    • Specimen or Heritage Trees removed shall be 3X cost

    • Monies go into trust fund

Natural Resources Management Office


Waivers

Waivers

  • When the NRMO Director or designee has determined that the site will not support the required trees and vegetative communities to be preserved as well as the required landscaping, an administrative waiver to tree planting requirements may be granted. It is the intent of this Division that preservation of native and Florida-friendly trees shall take precedence over additional planting of trees and vegetation.

Natural Resources Management Office


Waivers1

Waivers

  • Up to 30% reduction in parking for additional preservation or planting of natives or Florida-Friendly landscaping.

Natural Resources Management Office


Soil preparation maintenance

Soil Preparation & Maintenance

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Soil preparation

Soil Preparation

  • Site preparation. Before landscape installation, the applicant shall provide documentation that the soils are suitable for the prescribed plantings. Any soil amendments shall be preformed in accordance with accepted industry standards. For multi-family, institutional, public, residential subdivisions, commercial and industrial development, certification by a registered or certified landscape professional will be required as proof that such Soil Amendments have been made prior to the issuance of the Certificate of Occupancy or Completion.

Natural Resources Management Office


Landscape performance bonds

Landscape Performance Bonds

  • Performance Bond.

    • “When … circumstances indicate that the planting of trees or vegetation prior to the issuance of a certificate of occupancy or certificate of completion would not be prudent, for reasons such as an improper time of year for the planting of trees, the applicant may post a performance bond … The performance bond… shall be in an amount of no less than 125 percent of the estimated cost of all trees and vegetation to be planted, plus labor, pursuant to the requirements of this division.”

Natural Resources Management Office


Landscape maintenance bonds

Landscape Maintenance Bonds

  • Maintenance; inspections.

    • A landscape maintenance bond will be required equal to 25% the cost of vegetation other than sod.

    • The maintenance bond will be forfeited if vegetation is not maintained in a viable state or if regrowth of NNIPS is not controlled for the 12 month duration of the bond.

Natural Resources Management Office


Maintenance in perpetuity

Maintenance in Perpetuity

  • Sec. 62-4336. (a) Maintenance; inspections.

    • The health and viability of all required landscape materials on site (preserved or planted), must be maintained in perpetuity after issuance of C.O. or C.C. except for single-family lots.

Natural Resources Management Office


Inspections

Inspections

  • Pre-development inspection

  • Final Inspection

  • Courtesy Inspection (90 days after C.O.)

  • 12 month inspection

  • Re-inspections (fee)

  • Complaint-driven inspections

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Questions

Questions?

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