§ 62-4338. Land clearing performance standards.

Unless specifically exempted by section 62-4334, all land clearing activities shall meet the performance standards for the applicable activity listed in this section. Land clearing activities for lands with existing certificates of occupancy or completion shall meet the minimum standards in sections 62-4338 and 62-4339 in perpetuity except as allowed by this division and as approved by NRMO. Any land clearing activities shall be in compliance with chapter 62, articles II, X, XII, and XIII of the county code. All land clearing activities shall comply with the following performance standards:

(1)

A land clearing permit shall expire 90 days from the date of issuance for single-family lots and shall expire concurrently with the construction permit for subdivisions and multifamily, commercial, institutional, public and industrial projects. A reasonable extension not to exceed 60 days may be authorized by the Director for single-family residential provided appropriate justification warrants, such as unusual weather, seasonal situations or inability to obtain permits from other agencies.

(2)

The applicant shall post the land clearing permit on the affected property in such a manner as to be visible from an abutting road. The land clearing permit shall remain posted on the affected property during all applicable land clearing activity. It is the responsibility of the applicant to maintain the land clearing permit in a clearly visible manner at all times.

(3)

The trimming, pruning, maintenance or removal of Mangroves shall be consistent with applicable federal and/or state regulations, as applicable. Permits from appropriate agencies shall be provided for verification prior to the issuance of a land clearing permit by the county.

(4)

Vegetative buffers or other ground covers that retard erosion must be established or installed within seven days after final grade of a subdivision, commercial, industrial or multifamily project has been obtained or within 14 days after the last construction activity has occurred. Erosion and sedimentation control measures shall be in compliance with the best management practices as outlined in the Florida Stormwater, Erosion, and Sedimentation Control Inspectors Manual. 2005. Florida Department of Environmental Protection and Florida Department of Transportation, as may be amended and as required by Chapter 62-25, Florida Administrative Code, as may be amended.

(5)

Small scale land clearing permit. Small scale land clearing permits shall be considered an administrative waiver for land clearing.

a.

The owner of the property proposed to be cleared, or the authorized agent, shall submit an application for the proposed land clearing activity to the county, on such form as provided by the county. The small scale land clearing permit shall expire 30 days from the date of issuance. A reasonable extension not to exceed 60 days may be authorized by the director provided appropriate justification warrants, such as unusual weather, seasonal situations or inability to obtain permits from other agencies.

b.

The applicant shall post the small scale land clearing permit on the affected property in such a manner as to be visible from an abutting road. The small scale land clearing permit shall remain posted on the affected property during all applicable land clearing activity. It is the responsibility of the applicant to maintain the small scale land clearing permit in a clearly visible manner at all times.

c.

Only one small scale land clearing permit shall be approved per calendar year for any property, regardless of ownership.

d.

Up to 50 percent of the understory of the area of the site or one acre, whichever is less, can be approved for removal.

e.

Up to ten percent native canopy of the area of the site can be approved for removal.

f.

Specimen trees can not be approved for removal.

g.

Land clearing approval shall be based on the results of a site visit by NRMO and documentation as submitted by the applicant. NRMO shall consider whether the property meets basic landscape, specimen, and tree preservation requirements, reason(s) for removal and certified ISA arborist reports, if available. Verifiable safety and welfare issues, removal other than hand-clearing in environmentally sensitive areas, and habitat/fire management will be considered under small scale land clearing permit. If tree(s) are approved for removal, NRMO shall assign appropriate replacement for removed tree(s) per subsection 62-4341(19).

(6)

If the project is not completed prior to the expiration date of the active development order or other land clearing authorization granted under this division, the cleared areas shall be vegetated to the minimum canopy preservation, tree preservation and landscaping standards.

(7)

Land clearing shall include any intentional or negligent act or lack of protective measures that affects viability, including, but not limited to:

a.

Improper pruning.

b.

Damage inflicted upon the root system by the application of toxic substances, including herbicides, solvents, oil, gasoline, and diesel fuel.

c.

Damage caused by the operation of machinery, including but not limited to, soil compaction and trunk or root injury.

d.

Damage caused by the storage of materials.

e.

Damages from injury which results or is likely to result in pest infestation.

f.

Change in natural grade to the root system through excavation or filling.

(Ord. No. 06-55, § 10, 10-24-06; Ord. No. 08-01, § 8, 1-8-08; Ord. No. 09-24, § 5, 9-15-09)