§ 10-22. Land clearing permits.

(a)

Clearing the land without a land clearing permit shall be unlawful.

(b)

An application for a land clearing permit shall be submitted.

(c)

The land clearing permit application shall include:

(1)

For residential lots, two-family residential lots, and mobile home lots: A land clearing plan. See residential lot landscaping requirements.

(2)

For new subdivisions: A land clearing plan. See subdivision landscaping requirements.

(3)

For commercial projects: (See definitions) A landscape design plan. See approval of landscape design plan.

(d)

Before any clearing takes place, review and approval must occur for either a:

(1)

Land clearing plan; or

(2)

Landscape design plan.

(e)

The onsite burning of cleared materials is prohibited within one thousand (1,000) feet of any property line of an existing residentially-zoned housing unit.

(f)

Where required by the county or other permitting authority, such as the National Pollutant Discharge Elimination Systems (NPDES) permit program, silt screen or hay bales shall be installed adjoining adjacent property to minimize windblown sand or drainage impacts from the development site.

(g)

Construction shall begin within thirty (30) days of clearing.

(h)

Abandoned project: As a condition of receiving a land clearing permit for a commercial project or proposed subdivision, the applicant shall be required to post a bond or other surety to ensure the development site is re-vegetated if the construction project is abandoned. The lapse of all valid county permits shall constitute abandonment. The bond or other surety shall be in an amount to cover the cost, as certified by a professional engineer, of reestablishing ground cover and trees at a density of fifteen (15) per acre for the entire area of clearing. The bond or other surety shall remain in effect for a period of not less than eighteen (18) months after the construction project is completed. An inspection shall be requested by the applicant and upon finding that all landscape requirements have received the proper care and maintenance for long-term survival, the bond may be released.

(i)

Agricultural clearing is allowed only to the extent that the activity is a bona fide agricultural operation. Prior to any clearing activity, an application for exemption must be submitted to the Hernando County Development Services Department and approved by the county administrator or designee. When land clearing has been performed under this exemption, based upon the use of the property for an agricultural operation, no development shall be allowed for any non-agricultural use or improvement on the same site within five (5) years of the commencement of such land clearing. The development department may recommend and the board of county commissioners may approve a variance from the five-year period if it is shown that such a variance is not adverse to the public interest, will not violate the intent of this article, or is otherwise legally required with respect to an applicant's established property rights.

(j)

Existing plant communities, including any vegetation listed as invasive by the county, shall be listed on the landscape design plan.

(k)

Prior to the issuance of the certificate of occupancy, all non-native noxious invasive plants shall be removed. The re-growth of non-native noxious invasive plants shall be controlled in perpetuity.

(l)

The land clearing permit shall be posted on the site prior to the start of any land clearing activity.

(Ord. No. 2008-02, § 7, 1-15-08)