§ 62-4332. Definitions.

Active development order means an action by the county approving a site development plan, final development plan or subdivision plat, or the issuance of a permit pursuant to Chapter 22, Brevard County Code.

Adverse site conditions means existing site conditions that adversely affect the implementation of the provisions of this Division and that hinder plant viability and growth. Examples include, but are not limited to:

(1)

Existing topographic elevation changes that would result in the likelihood that preserved or planted materials would not survive.

(2)

Existing areas of buried solid waste at a depth that would affect viability of preserved or planted materials.

(3)

Existing electrical lines or utility easements that prevent or restrict the preservation or planting of landscape materials.

(4)

Barrier island planting conditions that cannot support certain hardwood species.

(5)

Existing, expansive water bodies or preserved natural areas where their location might prohibit the installation of required landscaping or buffers or that conflict with preservation.

(6)

Redevelopment sites where existing landscaping does not meet current standards and where existing site conditions, such as but not limited to, impervious surfaces, access locations, or building locations, prevent the site from meeting the current landscaping requirements.

(7)

Sites where type or distribution of existing canopy or other protected trees are such that preservation requirements would prohibit site development or conflict with required development standards, such as stormwater or roadway designs.

Adverse site conditions do not include plan designs that do not avoid preservation areas or trees to the greatest extent feasible.

After-the-fact permit means a permit issued after a violation has occurred for the primary purpose of correcting the violation (if the activity would have been permittable) or for bringing the violator into compliance with existing regulations.

Agricultural activity means any use or action commonly associated with the raising of crops, livestock, silviculture, forestry, groves, pasture, nurseries, or combinations of such activities.

Alternate landscape enhancement plan means a plan that provides property owners with adverse conditions the flexibility to design a landscape plan to manage the specific, adverse site conditions.

Area of alteration means the area of the site, parcel or lot where alteration and/or disturbance will occur. If any excluded, nonaltered areas will be credited towards the required landscaping and/or canopy, then the area(s) is considered area of alteration for the purposes of landscaping and canopy requirements calculation.

Bona fide agricultural use means the commercial agricultural use of a site, parcel, or lot that has been classified as agricultural land pursuant to F.S. § 193.461.

Caliper means the diameter of the trunk of a tree, or the sum of the stems of a multistemmed tree, measured six inches above natural grade, development grade or root ball.

Canopy means the area consisting of a tree's branches in all directions from its trunk, the outer edge of which is the dripline.

Canopy coverage means the aerial extent of ground within the drip line of the tree.

Canopy species means a native hardwood or softwood tree, not including palms, that provides sufficient canopy to mitigate the Heat Island Effect.

Clear trunk means a measurement from the soil line to the point in the canopy where the trunk caliper begins to taper abruptly. On many palms, this point will lie at the base of the petiole of the third or fourth youngest but fully expanded leaf.

Diameter at breast height (dbh) means the diameter of the trunk of a tree, or the sum of the stems of a multistemmed tree, measured four and one-half feet above natural or development grade.

Director means the director of the Brevard County Natural Resources Management Office or designee.

Dripline means an imaginary vertical plumb line that extends downward from the tips of the outermost tree branches and intersects the ground.

Florida Friendly Landscaping means the utilization of nine principles in landscape design. These nine principles are:

(1)

Right plant, right place;

(2)

Drought tolerant plantings;

(3)

Fertilize appropriately;

(4)

Mulch;

(5)

Attract wildlife;

(6)

Control yard pests responsibly;

(7)

Recycle;

(8)

Reduce stormwater runoff; and

(9)

Protect the waterfront.

Fruit and nut crop means apples, atemoya, annon, avocado, banana, blackberries, blueberries, chestnut, citrus, figs, grapes/muscadine, jackfruit, mango, mayhaw, nectarines, papaya, passion fruit, peaches, pears, pecans, persimmon, plums, quince, raspberry, star apple, sugar apple, tamarind and any other species as deemed appropriate for Brevard County based on chilling requirements, cold hardiness, warm weather adaptability, and variety adaptation.

Greatest extent feasible shall include, but not be limited to, relocation of roads, buildings, ponds, increasing building height to reduce building footprints or reducing vehicular use areas.

Hand-clearing means the use of hand-held tools or hand-held machinery including chainsaws, string trimmers, pruning shears, machetes, or scythes. Hand clearing does not include the use of tractors, push or riding mowers, or other similar machinery.

Heat Island Effect means the increase in temperature in urban areas compared to the surrounding rural lands usually because of reduced vegetative cover or excessive use of impervious surfaces.

Hydrozone means the grouping of plant species with similar watering needs in landscaped areas having appropriate microclimate, soil, and water conditions so that all plants in that area thrive.

Improper pruning means the following:

(1)

Pruning that reduces the height or spread of a tree that has not attained maturity, by altering the dominant stem(s) within the tree crown to such a degree as to remove the natural canopy of the tree; or

(2)

Pruning that leaves stubs or results in a flush cut (a cut too close to the main branch or trunk that does not allow for proper healing); or splitting of limb ends; or

(3)

Peeling or stripping of bark; or the removal of bark to the extent that, if a line is drawn at any height around the circumference of the tree, over one-third of the length of the line falls on portions of the tree where bark no longer remains; or

(4)

Using climbing spikes and hooks, except for purposes of total tree removal or as specifically permitted by the Florida Urban Forestry Council or American National Standards Institute (ANSI A-300); or

(5)

Destroying the natural habit of growth which causes irreparable damage and permanent disfigurement to a tree such that, even with regrowth, the tree will never regain the original characteristics of its tree species, or is a danger to the public or property; or

(6)

Pruning that results in flat-cutting the top or sides of a tree, to sever the leader or leaders or to prune a tree by stubbing off mature wood, except where removal of a branch is necessary to protect public safety.

(7)

Exception: The removal of diseased or dead portions of a tree or the removal of an interfering, obstructing or weak branch shall not constitute improper tree pruning under this section. Interference with or obstruction of streetlights, stop signs or traffic signals is an example of pruning which, if accomplished by the International Society of Arboriculture's pruning standards, American National Standards Institute (ANSI A-300), the Florida Urban Forestry Council, or the University of Florida Cooperative Extension Service's circular Publication No. 853 entitled Pruning Landscape Trees and Shrubs, is not a violation of this division.

(8)

All nonnative noxious plants as defined in this section are exempt from improper tree pruning standards.

ISA means the International Society of Arboriculture.

Land clearing means the removal or cutting down of vegetation, including trees, root-raking on any site, parcel or lot. This does not include allowable mowing, trimming or pruning so as to maintain vegetation in a healthy, viable condition.

Landscaped earth berm means an earthen mound which is not greater than four feet in height and which is sodded and planted with additional vegetation to meet the specifications of the required vegetative buffer classification.

Landscape plan means a plan drawn to an appropriate engineering scale depicting existing and proposed vegetation and prepared by a recognized knowledgeable person.

Landscaping means the preservation or planting of vegetation to enhance the natural or built environment pursuant to the provisions of this division.

Mangrove means any specimen of the species Avicennia germinans (Black Mangrove), Laguncularia racemosa (White Mangrove) or Rhizophora mangle (Red Mangrove).

Mowing means to cut down grass or other herbaceous growth that could be removed using light machinery and does not increase soil compaction or result in significant soil movement. In no event shall mowing increase soil compaction or cause reduction in viability of vegetation.

Native vegetation means those plant species indigenous to Florida as determined by the best available scientific and historical documentation and suitable for planting in Brevard County. The Atlas of Florida Vascular Plants maintained by the institute for Systemic Botany, University of South Florida shall be used as a reference.

NRMO means the Brevard County Natural Resources Management Office or its successor agency.

Nonnative invasive plant, for the purposes of this ordinance, means the "prohibited" species listed in the IFAS (Institute of Food and Agricultural Science—University of FL) Plant List as may be amended.

Pervious area means an area that permits water and air to permeate or penetrate to the roots of existing or planted vegetation. Pervious Areas do not include materials such as compacted marl or clay, pavement, or concrete. Turf block, pavers, or other similar materials and installation techniques that considerably inhibit permeation and penetration of water and air or necessitate root removal or grade change are not considered pervious.

Protected tree means, with the exception of nonnative invasive or undesirable plants, a hardwood tree having dbh of ten inches or greater located on the mainland or Merit Island or having a dbh of 1.5 inches on the barrier island; or a softwood tree, such as a pine, having a dbh of 14 inches or greater or 1.5 inches on the barrier island.

Recognized knowledgeable person means an individual knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, Florida registered landscape architect, licensed landscape contractor, certified International Society of Arboriculture arborist, certified nurseryman, Florida Nursery, Growers and Landscape Association Certified Landscape Designer or a person having acceptable experience. Acceptable experience shall include a minimum of a four-year degree in horticulture, ecology, forestry, botany, landscape architecture or a minimum of four years of fulltime experience in the identification and evaluation of vegetative resources.

Redevelopment means renovation of a previously developed, obsolete commercial or industrial parcel of land where reasonably viable use of the buildings or improvements is impaired by reason of deterioration, age, or obsolescence such that the conditions are leading to economic distress or endangering life or property. The term obsolescence includes, but is not limited to, inadequate infrastructure, access or transportation facilities; inadequate provisions for ventilation, light, air, sanitation, drainage or open space: outdated development patterns: and depressed property values.

Re-growth control means removal or trimming of individual plants before the plants reach the onset of flowering.

Restoration plan means a plan submitted to NRMO for review that addresses revegetation, replacement, and/or reestablishment of an area that has been illegally cleared.

Roll back provisions (as specified in section 62-4335) apply only to land clearing activities on lands that are not classified as agricultural land as of October 24, 2006, or that are engaged in agricultural pursuits not classified as bona fide as defined in F.S. § 193.461. For these properties, no new development order or rezoning request may be submitted which would enjoy the current cleared state for a minimum of three years from the commencement of agricultural activity. Specifically, if a new development order or rezoning request is submitted within three years of the commencement of agricultural activity, the submittal shall reflect the pre-cleared conditions of the site and apply the current ordinance to the pre-cleared conditions.

Root protection zone means the pervious area beneath a tree centered on the trunk. For preserved trees, this means the area beneath the drip line of the tree. Root protection zones that include existing impervious area(s) not adversely affecting the viability of the tree, may be acceptable. Pursuant to section 62-4346, the director may consider a waiver to the required root protection zone that does not adversely impact the viability of the tree.

Soil amendment means a replacement or improvement to the soil providing for optimum root and plant growth of vegetative materials.

Specimen tree means a tree considered an important community asset due to its unique or noteworthy characteristics or values. A tree may be considered a specimen tree based on its size, age, rarity or special historical or ecological significance. Specimen trees include large hardwoods (oaks, maples, etc.) or softwoods (pines, cypress, cedars, etc.) in good condition as determined by a recognized knowledgeable person, with a dbh of 24 inches or greater and smaller understory trees (stoppers, hollies, etc.) in good condition with a dbh of ten inches or greater.

Spread means the crown diameter measured by taking the average of the widest branch spread and the branch spread perpendicular to it.

Tree is a perennial, woody plant that is generally characterized by having a self-supporting trunk with secondary branches. Trees shall be classified as follows:

(1)

Large trees: Average maximum height exceeding 40 feet.

(2)

Medium trees: Average maximum height of 25 feet but less than 40 feet.

(3)

Small trees: Average maximum height of ten feet but less than 25 feet.

Understory means an underlying layer of low native vegetation usually associated with trees.

Undesirable plant means the "Invasive: Not Recommended" or "Caution" species listed in the IFAS (Institute of Food and Agricultural Science-University of Florida) Plant List as may be amended. Plants shall be considered undesirable if not eligible for any use, limited use, or cautioned in any zone—North, central or south.

Vegetative buffer area means an area of undisturbed native vegetation or vegetation established consistent with the surrounding vegetation and soil types. This area shall be located along the perimeter of properties where required by the county.

Vegetation means any plant material, including but not limited to trees, shrubs, vines, herbs and grasses. Vegetation shall be classified as follows:

(1)

Large trees: Average maximum height exceeding 40 feet.

(2)

Medium trees: Average maximum height of 25 feet but less than 40 feet.

(3)

Small trees: Average maximum height of ten feet but less than 25 feet.

(4)

Shrubs, ground cover and vines: Average maximum height of less than ten feet, which completely covers the ground at maturity.

(5)

Palm trees: All heights.

Vegetative communities means a natural association of vegetative plants, including but not limited to both trees and understory.

Vehicular use area means any area used for the purpose of driving, maneuvering, parking, storing, loading or unloading or displaying of motor vehicles and boats, excluding rivers, lagoons, streams, public rights-of-way, and permitted driveways and parking areas for single-family residences. Motor vehicles shall include, but are not limited to, automobiles, trucks, vans, campers and motorcycles.

Viable means plant material exhibiting a healthy and vigorous condition having live foliage out to the tips of all branches and stems. Palms shall have no dead spots or yellowing.

Xeriscaping ^tm or water-wise landscaping means the utilization of seven principles to conserve water in the landscape. These seven principles are:

(1)

Plan and design;

(2)

Soil analysis and amendment;

(3)

Appropriate plant selection;

(4)

Reduction of turf areas;

(5)

Efficient irrigation;

(6)

Mulching; and

(7)

Proper maintenance.

(Ord. No. 06-55, § 4, 10-24-06; Ord. No. 08-01, § 2, 1-8-08; Ord. No. 09-24, § 1, 9-15-09; Ord. No. 2012-28, § 1, 9-4-12)