§ 10-28. Subdivision landscaping requirements.

For the development of new subdivisions:

(1)

Clearing the land: Clearing the land for a new subdivision without a land clearing permit shall be unlawful. An application for a land clearing permit shall be submitted. The land clearing permit application shall include a land clearing plan. The land clearing permit for the new subdivision authorizes clearing of street right-of-way, drainage areas, utility areas, and individual lots as approved on subdivision construction plans. The land clearing permit shall be posted on the site before construction commences.

(2)

Approval of land clearing plan: A land clearing plan shall be submitted to the county administrator or designee for approval. The plan will show the proposed natural vegetation areas to be preserved and the proposed areas to be cleared. Preserved natural vegetation and/or planted native vegetation shall be provided per the following standards:

a.

Projects less than two (2) acres must designate an area of at least five (5) percent of the total project area as native vegetation and must plant that area using Florida Friendly Landscaping. The native vegetation must consist of a single, contiguous area. Preserved natural vegetation may be considered.

b.

Projects two (2) to twenty (20) acres must designate an area of at least five (5) percent of the total project area as preserved natural vegetation and no construction activity can occur in this area. Preserved natural vegetation areas must be a minimum of two thousand (2,000) square feet and no more than two (2) areas shall be allowed.

c.

Projects greater than twenty (20) acres shall designate an area of at least seven (7) percent of the total project area as preserved natural vegetation and no construction activity can occur in this area. Preserved natural vegetation areas must be a minimum of twenty thousand (20,000) square feet.

d.

If no preserved natural vegetation is available in subsection b. Or c. Above, then installed native vegetation using Florida Friendly Landscaping practices will be considered after review of the site. A combination of natural and planted may be used to meet this requirement.

The county administrator or designee may grant deviations to this standard if changes in elevation or other conditions preclude meeting this standard. Preserved natural vegetation and/or planted native vegetation ma be used to meet all or part of the requirement for open space as long as it is a minimum of fifteen (15) feet in width.

(3)

Reestablishing ground cover: After construction is complete, vegetative ground cover shall be reestablished for all disturbed areas to reduce dust clouds, storm water runoff, and soil erosion. If turf grass is used, varieties with excellent drought-tolerance are required. For purposes of this article, excellence in drought-tolerance shall be determined by use of resource information deemed reliable by the development department, with emphasis on information generated by the University of Florida Institute of Food and Agricultural Sciences (IFAS).

(4)

Specimen/Majestic trees: If existing on the site, specimen and majestic trees shall be preserved. Specimen and majestic trees that are within proposed areas to be cleared shall be drawn on the land clearing plan. Tree protection measures described in this article for commercial projects shall be in effect. The county administrator or designee shall review any petitions detailing the appropriate mitigating circumstances and may authorize a specimen tree or a majestic tree to be removed upon finding that any of the following conditions exist:

a.

The tree is an immediate safety hazard.

b.

The tree has an infestation of insects or pathogen that may reasonably be expected to lead to the death of the tree or spread to other trees.

c.

The tree is causing property damage, or may be reasonably expected to cause property damage.

d.

Where the location of the tree prevents direct access to the property.

e.

The tree is weakened by age, storm, fire or other injury so as to pose a danger to persons, property, site improvements or other trees. Removal of the tree pursuant to this criterion shall be exempt from the replacement criteria of this article.

f.

When the tree prevents a proposed reasonable use of the site.

(5)

The county administrator or designee shall be authorized to approve the removal of a tree when a demonstrated effort has been made, through a comprehensive tree management plan, to preserve high quality trees in accordance with the intent of this article.

(Ord. No. 2008-02, § 13, 1-15-08)