How the Endangered Species Act plans to implement The Wildlands Project in Brevard County, Florida
 
 
CONSOLIDATED ENVIRONMENTAL AREAS ORDINANCE
ORDINANCE 04-
AN ORDINANCE OF BREVARD COUNTY, FLORIDA, AMENDING
CHAPTER 62, CREATING ARTICLE XVII, DIVISIONS 1 THROUGH 10,
CONSOLIDATED ENVIRONMENTAL ORDINANCE, CREATING
DIVISION 1. GENERALLY; SPECIFICALLY CREATING SECTION 62-6230
PURPOSE AND INTENT; SECTION 62-6231, DEFINITIONS; SECTION 62-
3232 APPLICABILITY; SECTION 62-6233 DEVELOPMENT REVIEW
PROCESS; SECTION 62-6500 APPEALS; SECTION 62-6501
ENFORCEMENT AND PENALTIES; SECTION 62-6502 TRUST FUND;
PROVIDING FOR THE INTERPRETATION OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AREA ENCOMPASSED AND AN EFFECTIVE DATE.
Whereas, on March 13, 2001, the Brevard County Board of County Commissioners
requested the consolidation of natural resource ordinances;
Whereas, on September 16, 2003, the Brevard County Board of County Commissioners
granted permission to advertise an ordinance, which establishes the framework for all the
existing ordinances;
Whereas, the preservation of natural resources and ecological systems in Brevard County;
promotion of plant and wildlife species conservation; encouragement of native vegetation
preservation to reduce visual, air and noise pollution; will enhance the quality of life in Brevard
County and promote the public safety, health, and welfare of its citizens;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF BREVARD COUNTY, FLORIDA as follows:
SECTION 1. ARTICLE XVII. Consolidated Environmental Ordinances is hereby created.
SECTION 2. DIVISION 1. GENERALLY is hereby created.
SECTION 3. Section 62-6230 is hereby created as follows:
Section 62-6230. Purpose and Intent.
It is the purpose and intent of this Article to consolidate the regulatory procedures contained in
the Code of Ordinances, Brevard County relating to the County’s environmental ordinances. The
regulations contained in this Article are intended to promote general public health, safety,
comfort, quality of life, and welfare; to protect the County’s natural resources for the benefit of
its citizens; to provide for orderly and compatible development within and adjacent to important
natural resources; to provide a reasonable level of certainty for property owners and developers
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and to preserve, enhance, and where feasible, restore significant natural resources; and to
prescribe penalties for the violation of this Article.
SECTION 4. Section 62-6231 is hereby created as follows:
Section 62-6231. Definitions.
For the purposes of this Article, the following terms shall have the meaning set forth in this
section. When not inconsistent with the context, words used in the present tense include the
future, words in the plural number include the singular, and words in the singular include the
plural. The word “shall” is always mandatory and not merely discretionary.
Aquifer - a saturated geological formation, group of formations or part of a formation that
transmits groundwater.
Aquifer recharge areas - an area that has the capability to transmit groundwater based upon the
elevation, slope, compaction, and type of soils.
Best Management Practices - practices or combinations of practices determined by research or
field testing in representative sites to be the most effective and practicable methods,
developed by the U.S. Department of Agriculture, Florida Department of Agriculture and
Consumer Services or other appropriate agency.
Biological diversity - the number of species in a local area or region, and a measure of the variety
of species in a community that takes into account the relative abundance of each species
(also called Biodiversity).
Bona fide agricultural use - the commercial or domestic agricultural use of a site, parcel, or lot
that has been classified as "agricultural" pursuant to F.S. 193.461.
Building - any structure constructed or used for residence, business, industry or other private or
public purposes, including structures that are accessory to such uses, provided such
structures are in compliance with the Standard Building Code. This shall include but not be
limited to single-family dwellings, sheds, garages, carports, storerooms and other stationary
structures
.
Canopy - the highest level of vegetative cover in the landscape.
Change of use - a change in an existing or previous use on a site or within a structure from one
principal use to another principal use such that the change would require a different
application of the land development regulations to the latter principal use than what is
applicable to the former principal use.
County Manager - the County Manager or designee.
Development - the carrying out of any building activity; the alteration of land including the
clearing, removal or disturbance of any soil or vegetation; the subdividing of land, the
establishment of flag lots or access easements; alteration of any shore or bank of a surface
water; drilling, or deposit of solid or liquid waste or fill.
Development Order - any order granting, denying, or granting with conditions, an application for
a development permit.
Development Permit - any building permit, zoning permit, subdivision approval, rezoning, site
plan approval, preliminary or final development plan approval, certification, conditional
uses, variance, or any other official action of Brevard County having the effect of permitting
the development of land or water.
Highly permeable soils - soils listed in the Brevard County Soil Survey that have a permeability
rate greater than twenty inches per hour. These soils are: Astatula (As, At), Basinger (Ba),
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Canaveral (Ca, Cc), Galveston (Ga), Orsino (Or), Palm Beach (Pb), Paola (PfB, PfD, Ph),
Pomello (Ps, Pu), Pompano (Pw), Satellite (Sa), St. Johns (Sb, Sc), St. Lucie (SfB, SfD),
Tavares (Ta), Valkaria (Va), Welaka (We).
Impervious areas - surfaces which have been compacted or covered with a layer of materia l
which is highly resistant to infiltration by water, such as roofed and paved areas, including,
but not limited to, areas covered by roofs, roof extensions, slabs, patios, porches, driveways,
sidewalks, parking areas and athletic areas. It shall also include semi-impervious areas, such
as compacted clay and concrete pavers.
Land Division - the division of a parcel of land, whether improved or unimproved, into two or
more contiguous lots or parcels of land.
Listed Species - species of animals and plants legally protected as endangered, threatened, or as
species of special concern by federal and state laws
.
Passive recreational uses - recreation uses where very minimum alteration of vegetation,
topography or other native feature is necessary, for the enjoyment of the site amenities.
Activities which are considered passive include, but are not limited to, hiking, bicycling,
nature observation, camping, non-motorized boating, rowing, swimming, picnicking,
archaeological or historic preservation
.
Surface water bodies
- water on the earth’s surface exposed to the atmosphere as rivers, lakes,
streams, and oceans.
Uplands - terrestrial areas that are not defined as wetlands.
Wetlands - wetlands as defined by the Florida Department of Environmental Protection (FDEP)
and St. Johns River Water Management District (SJRWMD) methodology, soil types,
hydrological requirements, and vegetation types. Threshold and connection requirements of
FDEP and SJRWMD shall not be applicable.
Xeric areas - areas characterized by naturally dry conditions and in which plant production is
normally limited by availability of water.
SECTION 5. Section 62-6232 is hereby created as follows:
Section 62-6232. Applicability.
The regulations of this Article and its provisions shall apply to all development or activities that
result in the alteration of soil or land, including water bodies, within unincorporated Brevard
County, unless exempted below. Where specifically stated, some provisions of this Article may
apply within incorporated areas. The following activities or uses are exempt from the regulations
contained in this Article:
(a) Temporary emergency operations and procedures necessary for the protection of life,
health, safety, or property.
(b) Bona fide agricultural uses that employ Best Management Practices, do not adversely
affect wetlands, and have obtained an agricultural exemption from the Brevard County
Property Appraiser.
(c) Continued processing of, or the ability to approve, development permit applications for
property being developed pursuant to: subdivision plans, site development plans, planned
unit development phases, and building permits where said plan or permit applications are
complete and have been approved, and all applicable fees paid on or before the effective
date of this ordinance, provided that work on activities are authorized and they are
pursued in the timely manner required by the code.
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(d) Existing operations and maintenance activities previously approved by the Board prior to
the effective date of this Article as may be amended from time to time.
(e) Alterations to existing buildings or structures or change of use that do not increase the
building footprint, the impervious area of the site, or do not require amendments to
approved site related development plans. The substitution of new impervious or footprint
areas for those that have been removed is not exempt.
(f) Operation, maintenance, and repair of existing irrigation systems, drainage facilities,
conveyance channels, stormwater retention/detention areas, pumping stations, erosio n
control and soil stabilization features, and stormwater pollution reduction facilities.
(g) Maintenance dredging and cleaning of existing drainage facilities and public canals if all
spoils are placed in areas not regulated by this Article.
(h) Voluntary remova l of plants listed in the State of Florida Prohibited Plant List, Noxious
Weed List, or on the current list of Category I and II species by the Florida Exotic Pest
Plant Council.
SECTION 6. Section 62-6233 is hereby created as follows:
Section 62-6233. Development Review Process.
Development subject to review and approved under this article shall not require an additional
permit if subject to the Subdivision Regulations contained in Article VII of this Chapter or to the
Site Plan review contained in Article VIII of this Chapter. To ensure that the proposed design or
layout shall not conflict with this Article or applicable state and federal regulations, prior to
approval of any development plan required by Article VII or VIII of this Chapter, written
verification shall be provided to the County that all necessary state and federal permits and/or
approvals have been obtained. Written verification shall consist of copies of applicable state and
federal permits or approvals.
SECTION 7 The following divisions are hereby created for future use:
DIVISION 3. Reserved (AQUIFER PROTECTION Including Heat Pumps)
DIVISION 4. Reserved (SURFACE WATER PROTECTION Including Lake
Washington)
DIVISION 5. Reserved (WETLAND PROTECTION)
DIVISION 6. Reserved (FLOODPLAIN PROTECTION)
DIVISION 7. Reserved (COASTAL SETBACK AND CONTROL LINES)
DIVISION 8. Reserved (LANDSCAPING, LAND CLEARING AND TREE
PROTECTION) (combined into one Division)
DIVISION 9. Reserved (LAND ALTERATION Including Private Lakes)
DIVISION 10. RESERVED FOR FUTURE USE
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SECTION 8 Section 62-6500 is hereby created as follows:
Section 62-6500. Appeals. The Board of County Commissioners shall hear appeals relating to
any administrative decision or interpretation concerning the regulations contained in this Article.
All appeals shall be filed in accordance with Section 62-507.
SECTION 9 Section 62-6501 is hereby created as follows:
Section 62-6501. Enforcement and Penalties.
(a) Violations of this division shall be enforced pursuant to code enfo rcement special master
proceedings as provided in Sections 2-166, et seq. Each one-tenth acre of land or water,
or fraction thereof containing a violation of this Article shall constitute a separate
violation. Each day that the violation exists shall constitute a separate violation. Fines
for such illegal activity shall be $500.00 per one-tenth quarter acre of land or water, or
fraction thereof. In addition to fines and penalties, the County Manager shall require
restoration or compliance of the affected area in accordance with Section 62-6236(d).
{Staff comment: A $500.00 fine per ¼ acre for violations is consistent with the existing
natural resources ordinances.}
(b) No development permit shall be issued for any lot, parcel, or tract while any violation of
this Article exists. No Certificate of Occupancy or Certificate of Completion shall be
issued for a structure on any lot, parcel, or tract that has been issued a Notice of Violation
until the violation has been corrected to the satisfaction of the County Manager.
(c) The Board of County Commissioners may seek an injunction against any violation of the
provisions of this Article and recover from the violator such damages as the County may
suffer, including but not limited to, the damage to property as a result of development or
failure to maintain in violation of the provisions of this Article.
(d) Sanctions for failure to obtain development approval.
(1) Activities otherwise permissible. When activities have been undertaken without prior
approval under this Article but are of a nature for which a permit could have been
issued pursuant to this Article had an appropriate application been submitted, the
violator shall obtain an after-the-fact permit. The violator shall pay an application fee
for the after-the-fact permit up to five times the normal permit application rate, as
determined by the County Manager based upon the severity of the violation, the
extent of damage, and the Applicant’s record of previous Code violation. In addition,
as a condition of the permit, the Applicant shall complete all remedial work as
deemed necessary by the County Manager within three months of after-the-fact
permit issuance to stabilize the property and mitigate all damage that is non-
compliant with this Article to the property and adjacent properties
.
(2) Impermissible activities. When activities have been undertaken without prior
approval under this Article, and are of a nature that would not be approvable pursuant
to this Article, the violator shall be required to submit to the County Manager, for
approval, a restoration and mitigation plan that shall serve as a permit for such
restoration and mitigation activities in lieu of a separate development permit. The
restoration and mitigation plan shall be processed as per the application requirements
of this Article, and shall require payment of a fee pursuant to Section 62-6236(d)(1).
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The restoration and mitigation plan shall provide for the complete restoration of all
damage to the natural resources of the property and adjacent properties. The violator
shall complete all remedial work as deemed necessary by the County Manager within
three months of after-the-fact permit issuance to stabilize the property and avoid any
additional damage to the property and adjacent properties. If complete restoration is
not possible, as may be determined by the County Manager, the violator shall conduct
acceptable restoration or mitigation on publicly owned conservation lands. In
addition, the violator shall pay an application fee for the after-the-fact permit of up to
five times the normal permit application rate, as determined by the County Manager
based upon the severity of the violation, the extent of damage, and the Applicant’s
record of previous Code violation.
(e) All fines and monetary penalties shall be placed into the trust fund established by Section
62-6502.
SECTION 10 Section 62-6502 is hereby created to establish a trust fund as follows:
Section 62-6502 Trust Fund.
A Trust Fund shall be established by the Board to receive monies and fines received as a result of
this Article. The monies of the Trust Fund shall only be used to purchase environmentally
sensitive lands for preservation or to restore and enhance environmentally sensitive lands used
for preservation. Funds can supplement other funds to achieve the purpose and intent of the
Trust Fund. Monies of the Trust Fund cannot be used for any other purpose other than that
specifically meeting the intent and purpose of purchase, preservation, and restoration of
environmentally sensitive lands within Brevard County.
SECTION 11 CONFLICTING PROVISIONS. In the case of a direct conflict between any
provision of this ordinance and a portion or provision of any other appropriate federal, state or
county law, rule, code or regulations, the more restrictive shall apply.
SECTION 12 SEVERABILITY. If any section, subsection, clause, phrase, word or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such invalid unconstitutional portion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect the validity of the remaining portions of
this ordinance, provided the remaining portions effectuate purpose and intent of this ordinance.
SECTION 13 AREA ENCOMPASSED. This ordinance shall take effect within the
unincorporated area of Brevard County, Florida.
SECTION 14 EFFECTIVE DATE. This ordinance shall become effective upon filing as
provided by law. A certified copy of the ordinance shall be filed with the Office of the Secretary
of State, State of Florida, within ten days of enactment.
DONE, ORDERED AND ADOPTED in Regular Session, this _____ day
of_______________, 2004
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ATTEST
BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
____________________________
___________________________________
Scott Ellis, Clerk Nancy Higgs, Chairperson
As approved by the Board of County Commissioners
on _______________________________, 2004.
Reviewed for legal form and content by:
______________________________
Christine Lepore, Assistant County Attorney