§ 62-4345. Alternative landscape enhancement plans, mitigation, and compensation.

In cases of adverse site conditions or hardship, alternative landscape enhancement plans may be considered. Such plans shall be signed and sealed by a landscape architect registered in the State of Florida 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 combination or as stand-alone solutions, on-site preservation of existing native vegetation, on-site landscape enhancement, on-site mitigation, off-site mitigation, and compensation.

(1)

Alternative landscape enhancement plans are intended to provide increased flexibility for sites demonstrating existing adverse site conditions. Alternative landscape enhancement plans shall meet the following performance standards on-site:

a.

Results in landscaping that exceed specific goals and intent of landscape regulations.

b.

Provides sufficient tree plantings to achieve a tree canopy equal to five percent greater than the minimum required at the time of development.

c.

Provides heat island mitigation and landscape buffers, as required by the landscaping code.

d.

Replaces protected trees with new plantings of canopy species trees at a rate of 25 percent of the cumulative diameter at breast height (dbh) of the trees removed, using a minimum 50-percent four-inch caliper plantings. The remaining 50 percent replacement plantings shall be a minimum two and one-half inch caliper plantings. Of the two and one-half inch caliper plantings, up to 20 percent may be non-native. In no event shall undesirable or non-native invasive plantings be used for replacement.

e.

Specimen trees shall be preserved or relocated on site to the greatest extent feasible. Specimen trees that can not be preserved or relocated on site shall be subject to replacement with new plantings of canopy species trees at a rate of 33 percent of the cumulative diameter at breast height (dbh) of the trees removed, using a minimum four-inch caliper plantings. The remaining 50 percent replacement plantings shall be a minimum two and one-half inch caliper plantings. Of the two and one-half inch caliper plantings, up to 20 percent may be non-native. In no event shall undesirable or non-native invasive plantings be used for replacement.

f.

Where scrub oaks (Quercus myrtifolia, Q. chapmanii, Q. inopina, Q. virginiana var. maritime, Q. geminata) are removed from a site, parcel or lot, and the project is subject to an Alternative Landscape Enhancement Plan, replacement shall be at 150% on a square footage basis. Replacement of scrub oaks on-site shall be achieved to the greatest extent feasible. Replacement shall be with minimum three-gallon scrub oak plant material, however a minimum of 25 percent of the planted area shall be seven gallons or larger. Spacing radius shall be equal to height of scrub oak material obtained. Where replacement on-site is not possible due to adverse site conditions, compensation may be considered as established by resolution.

g.

Parking shall not exceed the minimum required for the proposed use(s).

h.

For sites where greater than 75 percent of the existing canopy is of the same genus, replacement trees shall be exempt from subsection 62-4339(2)(a).

(2)

Mitigation. When the applicant has provided clear and convincing evidence that demonstrates the canopy preservation and tree preservation performance standards can not be met on the subject property, the applicant may submit an alternative landscape enhancement plan that includes mitigation. Mitigation can consist of a combination of restoration and replacement of trees and canopy through tree plantings, relocation of trees to another site, (with written authorization from the receiving property owner), off-site canopy preservation or monetary compensation. For all mitigation, except for compensation, the applicant is responsible for maintenance in perpetuity. The types of mitigation and applicable standards are as follows:

a.

Restoration and replacement.

i.

For every protected tree that can not be preserved or re-located on-site, the size of the replacement tree shall be at least four inches dbh and the number of planted trees required shall be determined by a ratio of 25 percent of the protected tree's dbh. Replacement trees shall be native canopy species trees, as approved by NRMO.

ii.

Specimen trees that can not be preserved or relocated on-site shall be subject to replacement with new plantings of native canopy species trees, as approved by NRMO, at a rate of 33 percent of the cumulative diameter at breast height (dbh) of the trees removed, using a minimum four-inch dbh plantings.

iii.

All restoration or replacement areas shall be permanently protected in a recorded plat condition, or declaration of covenants recorded in the official records of Brevard County, or with sufficient protective language, as noted on the approved landscape plan, which shall be noted as a condition of approval, in property records maintained by Brevard County government.

b.

Relocation.

i.

For every protected tree that can not be preserved or reasonably relocated on-site, the protected tree may be relocated to another site acceptable to the county. Reasonable relocation includes techniques such as root pruning, tree spades and other similar techniques. Relocation techniques shall be reviewed and approved by the county prior to being used for any relocation of trees both on and off the property.

ii.

All relocation areas shall be permanently protected in a recorded plat condition, or declaration of covenants recorded in the official records of Brevard County, or with sufficient protective language, as noted onthe approved landscape plan, which shall be noted as a condition of approval, in property records maintained by Brevard County government.

c.

Off-site preservation. Off-site preservation will be based on square footage of canopy at a ratio of two to one of similar quality and diversity. Equal to or greater quality and diversity shall be determined by a certified arborist.

(3)

Compensation. Compensation for the loss of canopy and protected trees shall be determined as follows:

a.

Compensation (C) for trees of known Number REMoved (NREM) and known Total DBH (TDBH) shall be calculated using the costs established by resolution.

b.

Compensation for trees of known Number REMoved (NREM) but unknown total diameter shall be calculated using the costs established by resolution.

c.

Compensation for trees for which neither the total diameter nor the number can be determined shall be made under the assumption that the site is 100 percent forested. Compensation shall be calculated using the costs established by resolution, or the valuation provided by a tree appraisal conducted by an arborist certified by the International Society of Arboriculture or landscape architect registered in the State of Florida and where the appraisal was conducted in accordance with the methodology contained in the Guide for Plant Appraisal, 9th edition, as amended and published by the International Society of Arboriculture.

d.

Compensation for specimen trees illegally removed or destroyed shall be three times the calculated cost of C.

e.

All compensation funds shall be deposited in the trust fund established by section 62-4336 of this division.

(Ord. No. 06-55, § 16, 10-24-06; Ord. No. 08-01, § 14, 1-8-08; Ord. No. 09-24, § 12, 9-15-09; Ord. No. 2010-01, § 2(Attch. B), 1-12-10)