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How the Endangered Species
Act plans to implement The Wildlands Project in Brevard County,
Florida
CONSOLIDATED ENVIRONMENTAL
AREAS ORDINANCE
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
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
Consolidated
Environmental Ordinance
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
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
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
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),
Consolidated
Environmental Ordinance
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
- water on the earth’s surface
exposed to the atmosphere as rivers, lakes,
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
(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.
Consolidated
Environmental Ordinance
(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
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
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
Consolidated
Environmental Ordinance
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).
Consolidated
Environmental Ordinance
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
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
Consolidated
Environmental Ordinance
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
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