Brevard County Landscaping & Land Clearing & Tree Protection Requirements

1. Brevard County Landscaping & Land Clearing & Tree Protection Requirements November 2006 Natural Resources Management Office

2. Overview • Ordinance History • Summary of Changes • New Landscaping, Land Clearing & Tree Protection Code • Questions Natural Resources Management Office

3. 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

4. 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

5. 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

6. New Landscaping,Land Clearing, & Tree Protection Code Natural Resources Management Office

7. 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

8. 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

9. Important Definitions • Alternative Enhancement Plan • Adverse Site Conditions • Buildable Area • Greatest Extent Feasible • Heritage Tree • Land Clearing • Mature Natural Resources Management Office

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. Canopy Preservation Natural Resources Management Office

26. 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

27. 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

28. (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

29. 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

30. 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

31. 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

32. 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

33. 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

34. 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

35. 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

36. 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

37. Parking Lot Island Example Natural Resources Management Office

38. Vegetative Buffering Natural Resources Management Office

39. 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

40. 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

41. Vegetative Buffering Type B example Natural Resources Management Office

42. 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

43. 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

44. 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

45. 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

46. Non-Native Noxious Invasive Plant Species (NNIPS) Natural Resources Management Office

47. 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

48. 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

49. 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

50. 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