§ 62-4334. Exemptions.

The following land uses and activities shall be exempt from the requirements of this division:

(1)

Pursuant to the Florida Agricultural Lands and Practices Act (F.S. Ch. 163.3162(4)), any activity of a bona fide agricultural use on land classified as agricultural land pursuant to F.S. § 193.461.

(2)

Single-family lots that are 1.25 acres or less, and have a certificate of occupancy, 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.

(3)

Single-family lots that are more than 1.25 acres but less than or equal to 2.5 acres, and have a certificate of occupancy, are exempt from the canopy and preservation requirements of this division as long as specimen tree and minimum landscaping requirements as may be required by this division are met and maintained.

(4)

The removal of any plant that is a nonnative invasive or undesirable 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, nonnative invasive or undesirable plant removal is exempt if:

a.

Removal does not eliminate, destroy or damage existing native vegetation, wetland habitats, floodplains, required erosion control or stormwater management systems, or endangered or threatened species or their habitats.

b.

Removal does not undermine shoreline integrity or promote increased shoreline or upland erosion.

c.

Removal does not increase sediment or nutrient loading to the adjacent water bodies.

d.

Removal is achieved by hand-clearing.

e.

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

f.

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

Other methods may be considered pursuant to a Small Scale Land Clearing permit as outlined in Section 62-4338.

(5)

Public or private linear projects and utility corridors developed or maintained by governmental or investor owned regulated utilities that do not require an active development order are exempt if determined 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, sidewlaks, trails and paths.

(6)

Emergency removal of a dead or seriously damaged tree that poses immediate threat to the health, safety and welfare of the property owners or the general public. Prior to emergency removal, immediate threat should be documented to include but not be limited to (1) photographs of the tree(s) including any areas that may be damaged, diseased, or infested (2) approximate measurements including tree height, spread, dbh, and (3) distance to structure(s) or other immovable target(s) if felled.

(7)

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

(8)

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 shall negotiate a resolution of the conflict.

(9)

The removal of fruit and nut crops unless used to satisfy the landscaping performance standards of this division.

(10)

The removal of vegetation for the purposes of survey or soil testing by such companies licensed to conduct such activities is exempt if:

a.

Removal is limited to the minimum amount required by the activity and shall average no greater than ten feet in width.

b.

Protected and specimen trees are not removed.

c.

Removal does not eliminate, destroy or damage wetland habitats, floodplains, required erosion control or stormwater management systems, or endangered or threatened species or their habitats.

d.

Removal does not undermine shoreline integrity or promote increased shoreline or upland erosion.

e.

Removal does not increase sediment or nutrient loading to the adjacent water bodies.

f.

Roots shall not be removed below ground.

Other methods may be considered pursuant to a small scale land clearing permit as outlined in section 62-4338.

(11)

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

(Ord. No. 06-55, § 6, 10-24-06; Ord. No. 07-17, § 1, 4-24-07; Ord. No. 08-01, § 4, 1-8-08; Ord. No. 09-24, § 2, 9-15-09)