(A)   General purpose. It is the purpose of this subchapter is to address the preservation and conservation of desirable natural resources of the community. In its application to this chapter, this subchapter will establish those areas of a development site that must be protected from the harmful effects of development. Accordingly, a developer should apply the provisions of this subchapter to a proposed development site before any other development design work is done.

   (B)   Application of subchapter. This subchapter shall apply to new subdivisions and the general development activity within the town, including development at the oceanfront beach area. This subchapter, however, is not intended to apply to a single mobile home lot if that is the total extent of the development proposal, since that is an indivisible site. The proper application of the provisions of this subchapter will be to divide a proposed development site into areas that may be developed and areas that must generally must be left free of development activity. The proposed development should then be designed to fit within the areas that may be properly developed.

   (C)   Scope of subchapter. The scope of this subchapter shall include tree protection, preservation of shrubs and vegetation, preservation of mangrove areas, preservation of beach dune vegetation, preservation of environmentally sensitive lands, wellfield protection and the protection and conservation of potable water supplies.

(Ord. 1-90, passed 1-31-1991)

   For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BUILDABLE AREA. The portion of a building site exclusive of required yard area on which a structure or building improvements may be erected, and including the actual building, structure, driveway, roadway, parking lot, lakes, parks, golf courses, pool, decking, sidewalks, drainage facilities and other construction as shown on the site plan.

   BUILDING OFFICIAL. The Building Official of the Town of Briny Breezes or his or her designated representative.

   DEVELOPMENT. Any proposed material change in the use or character of land, including, but not limited to, the placement of any structure or site improvement on land. When appropriate to the context, DEVELOPMENT may refer to the act of issuing any building permit.

   DISTRICT. The South Florida Water Management District.

   DRIP LINE. A vertical line run through the outermost portion of the crown of a tree extending to the ground, that the same shall be not less than a ten-foot diameter circle which is drawn from the center of the trunk of a tree.

   DUNE GROWTH or BEACH DUNE VEGETATION. Any natural vegetative cover which binds the sand at the beaches and along the shore from erosion, and shall include any of the grass commonly known as sea oats or Uniola Paniculata and Coccolobis Uvifera, commonly known as sea grapes.

   ECOSYSTEM. A characteristic assemblage of plant and animal life within a specific physical environment, and all interactions among species and between species and their environment.

   GRUBBING. Removal of vegetation from land by means of digging, raking, dragging or otherwise disturbing the roots of vegetation and the soil in which roots are located, but shall not include beach cleaning activities.

   MACHINERY, HEAVY. Trucks, mechanical land clearing, earth moving or earth working equipment with a gross weight in excess of 5,000 pounds. For the purposes of this section, all machinery that utilizes steel tracks for traction shall be considered HEAVY MACHINERY.

   MANGROVE TREES. Any plant belonging to any of the following species of mangroves: Rhizophora Mangle, the red mangrove; Laguncularia Racemosa, the white mangrove and Avicennia Nitida, the black mangrove.

   PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.

   REMOVAL. The physical removal of vegetation; removal of trees also includes any intentional or negligent act which will cause a tree to decline and die within a period of three years, including, but not limited to, such damage inflicted upon the tree itself; damage to the root system of a tree by the operation of heavy machinery; damage from the change of the natural grade above the root system of a tree or around the trunk of a tree; and damages from injury or from fire inflicted on trees which results in or permits infections or pest infestations.

   SHRUB VEGETATION. Underbrush and bush type growth consisting of small trees and woody shrubs with multiple or single stems measuring less than four inches in diameter at a height of four and one-half feet above the ground.

   SITE. The parcel of land for which a tree removal permit is sought.

   SITE DEVELOPMENT PLAN, BONA FIDE. A valid building permit; an approved site development plan; an approved subdivision master plan; or a valid land development permit.

   TREE. Any self-supporting woody plant of a species which normally grows to a minimum overall height of 20 feet and a spread of 15 feet in the crown, or has a trunk measuring four or more inches in diameter at a height of four and one-half feet above the ground. All mangrove trees shall be included hereunder, which are one foot or more, in height.

   TREE SURVEY. A drawing certified by a land surveyor, registered in the state; as to the location and size of all trees as defined by this chapter.

   VEGETATION, NATIVE. Any plant species with a geographic distribution indigenous to all or part of the state. Plant species which have been introduced by humans are not NATIVE VEGETATION.

   VEGETATION, PROTECTED. All vegetation other than:

      (1)   Prohibited plant species; or

      (2)   Vegetation excluded from protection under the exemptions provisions of this subchapter.

   VIABLE. A tree, which in the judgment of the enforcement agency, is capable of sustaining its own life processes, unaided by humans, for a reasonable period of time.

   WATER RESOURCE. Any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds or diffused surface water, and water percolating, standing or flowing beneath the surface of the ground.

   WATER SHORTAGE CONDITION. When sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought.

   WATER SHORTAGE EMERGENCY. A situation when the powers which can be exercised under Part II of Chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses.

   YARD AREA. The front, side and rear yard areas as established and required under the comprehensive zoning code and the zoning district requirements applicable thereto.

   ZONING OFFICIAL. The Zoning Official of the Town of Briny Breezes or his or her designated representative.

(Ord. 1-90, passed 1-31-1991)

   (A)   Standards for tree and vegetation protection. The following parts of this subchapter shall provide, and may be cited as, the town tree and vegetation protection provisions.

   (B)   General intent applicable for protection of all trees and vegetative growth. It is the intent of the town to provide for the general promotion of the health, safety, welfare and well-being of the community by establishing rules and regulations governing the protection and removal of trees, shrubs, vegetation, mangroves, beach dune cover and environmentally sensitive lands within the limits of the town.

   (C)   General purposes for all tree and vegetative protection. The purposes of this subchapter include the following:

      (1)   To encourage the proliferation of trees and vegetation within the town as well as their replacement, in recognition of their importance and their meaningful contribution to a healthy, beautiful and safer community attributable to their carbon dioxide absorption, oxygen production, dust filtration, wind and noise reduction, soil erosion prevention, beach erosion protection, wildlife habitat, surface drainage improvement, beautification and aesthetic enhancement of improved and vacant lands;

      (2)   To encourage beneficial land and forest management practices by minimizing the unnecessary removal of valuable existing vegetation in advance of approved land development;

      (3)   To prevent such destructive land development practices as speculative grubbing and clearcutting of lots when no bona fide site development plan or no comparable vegetation management plan has been prepared for a site; and

      (4)   To implement the Town Comprehensive Land Use Plan, including the conservation and preservation elements thereof, which recognize the significance and importance of valuable existing vegetation, trees, forest ecosystems, wildlife habitat and other natural resources located within the town.

(Ord. 1-90, passed 1-31-1991)

   (A)   Property owners shall not illegally or unlawfully destroy any protected habitat ecosystem or endangered species on property within the town during construction or while carrying out shrub clearing or tree removal activity.

   (B)   Trees and vegetation may be removed or altered under the following conditions:

      (1)   When necessary to remove trees or vegetation which create unsafe vision clearance or pose a safety hazard to pedestrian or vehicular traffic or threaten to cause disruption of public services or utilities;

      (2)   When necessary to remove trees or vegetation which pose a safety hazard to buildings, structures or improvements;

      (3)   When necessary to observe good forestry practices and environmentally sound land development techniques according to the standards of tree protection developed by the Division of Forestry of the Department of Agriculture and Consumer Services of the state;

      (4)   When necessary in order to construct proposed improvements as a result of the need for access around a proposed structure for construction equipment; the need for access to a building site for construction equipment; for essential grade changes; for surface water drainage and utility installations; and for the location of the proposed buildings, structures, parking areas and other improvements as defined as the buildable area, so as to avoid unreasonable economic hardship;

      (5)   When necessary for compliance with other town codes such as building, zoning, subdivision regulation, health provisions and other ordinances; and/or

      (6)   When necessary to remove diseased or dead trees or vegetation.

   (C)   The extent of tree and vegetation removal or destruction shall be limited to that which is reasonably necessary to accomplish the purpose for which the removal project has been undertaken. This may include changes to the extent of the removal and/or replanting of removed trees or vegetation.

   (D)   Property owners shall make reasonable efforts to relocate or replace trees and vegetation removed for any project. Replacement shall not be necessary where the tree or vegetation was removed because of disease or interference with existing roadways, driveways, sidewalks and street areas, septic tank drain fields, sewer lines or development of commercial property which does not leave room for replacement. Property owners shall cause replanting to be completed within a reasonable time after completion of the project for which the removal operation has been undertaken.

   (E)   Property owners shall make reasonable efforts to avoid needless waste or purposeless destruction of trees and vegetation as such frequently provides habitat for desirable birds and animals, stabilizes soil, provides aesthetic benefits and acts as a landscape buffer or transition area between adjoining uses.

   (F)   Property owners shall make reasonable efforts to avoid and/or reduce damage or destruction to trees during construction. This shall include, but is not limited to, reasonable efforts to avoid the placement of material, machinery or temporary soil deposits within six feet of any tree having a four-inch or greater trunk diameter measured four and one-half feet above grade level, or the erection of suitable protective barriers around all such trees to be preserved. Property owners shall also make reasonable efforts to avoid attachments or wires to any of said trees, other than protective guy wires.

   (G)   There shall be no restriction on the removal of any species of tree or vegetation designated as invasive or otherwise prohibited by the town by resolution or by any law or regulation of the county, state or federal government.

   (H)   There shall be no restriction on the removal on the following species of trees:

      (1)   Schinus Terebinthinfolins (Brazilian pepper tree, Florida holly);

      (2)   Metopium Toxiferum (poison wood);

      (3)   Melaleuca Lencadendron (Melaleuca);

      (4)   Hibiscus Teleaceum (flowering hibiscus or mahoe tree);

      (5)   Casuarina Equisetifolia or Casuarina Cuninghamiana (Australian pines); and

      (6)   Any species of ficus tree.

   (I)   The Town Council is hereby authorized, but not required, to designate all activities involving the alteration or removal of trees and vegetation within the town that shall require a permit and to set the permit fees for such activity, and to do so through Town Council resolution. All fees shall be non-refundable and shall be due and payable and collected by the town at the time of application.

(Ord. 1-90, passed 1-31-1991; Ord. 4-2017, passed 1-25-2018)

   The natural vegetative cover on beach dunes shall be preserved in an undisturbed state of growth as a fragile ecosystem. Such beach dune vegetation, including grasses, sedges or grass like plants of the Cyperaceae family, sea grapes, sea oats, mangroves, vines, shrubs and trees shall remain in its natural state and not be removed, altered or damaged, except in accordance with the requirements of this subchapter. Elevated walkways are required for beach access at oceanfront development in order to protect beach dune vegetation. The storage of boats, sailboats or other articles on existing beach dune vegetation is prohibited and shall be considered a violation of this subchapter.

(Ord. 1-90, passed 1-31-1991)

   Because mangrove areas are the ecological base of the biological food chain for many important species, provide a habitat and shelter for birds and other organisms and possess considerable aesthetic value, land development shall be permitted only in a manner consistent with maximum possible conservation of mangrove wetlands. Tree permits for mangrove wetlands will require the applicant to adhere to the permitting process and regulation of the Department of Environmental Regulation.

(Ord. 1-90, passed 1-31-1991)

   (A)   Intent and purpose. It is the intent and purpose of this section that natural vegetative growth be preserved. Every effort shall be put forth on all undeveloped property to retain each particular area of natural tree and vegetative cover that is determined by the Zoning Official to be a fragile ecosystem, unique, valuable or nearly extinct in our area unless it would unduly restrict the use of the property or create a condition of undue hardship on the owner. Natural or native vegetation shall also be preserved on developed property where possible. The use of natural foliage on the site for replacement landscape materials and adherence to the use of natural foliage in accordance with the provisions of the Briny Breezes Landscape Ordinance shall be encouraged and be incorporated into the landscaping scheme in recognition of lower maintenance requirements and the conservative use of water for irrigation of such vegetation.

   (B)   General provisions.

      (1)   Requirements for environmentally sensitive lands. In addition to meeting the following requirements for protection of environmentally sensitive lands, development plans shall comply with applicable federal, state and water management district regulations relating to environmentally sensitive lands. In all cases the strictness of the applicable standards shall apply.

      (2)   Conservation element incorporated by reference. The conservation element of the Town Comprehensive Plan as from time to time amended is hereby incorporated by reference into this chapter.

      (3)   Compliance when subdividing land. The building sites created in a proposed subdivision plat must be suitable for constructing a structure thereon which is in conformity with the standards of these regulations for the protection of environmentally sensitive lands regulations.

   (C)   Environmentally sensitive lands ordinance. The town hereby adopts by reference the County Environmentally Sensitive Lands Ordinance No. 90-47, adopted November 20, 1990, by the Board of County Commissioners.

(Ord. 1-90, passed 1-31-1991)

   The town hereby adopts by reference the Wellfield Protection Ordinance of the county as enacted by the Board of County Commissioners for the county.

(Ord. 1-90, passed 1-31-1991)

   As and for a water conservation ordinance, the town hereby adopts by reference the South Florida Water Management District Model Water Shortage Ordinance, promulgated by the District on November 21, 1989, for adoption by all municipalities within the county, to implement the enforcement of the District’s Water Shortage Plan.

   (A)   Intent and purpose. It is the intent and purpose of this section to protect the water resources of the town from the harmful effects of over utilization during periods of water shortage, to conserve potable water supplies, and to efficiently allocate available water supplies to the greatest need, thereby assisting the South Florida Water Management District (SFWMD) in the implementation of its Water Shortage Plan.

   (B)   Model water shortage definitions. For the purpose of interpreting and enforcing this section, the terms and words defined and listed in the definition section of this subchapter shall apply.

   (C)   Application of section. The provisions of this section shall apply to all persons using the water resource within the town when subject to the “water shortage” or “water shortage emergency”, as determined by the district, whether from public or privately owned water utility systems, private wells, or private connections with surface water bodies. This section shall not apply to the use of treated effluent or saltwater.

   (D)   Amendments to Water Shortage Plan. Chapter 40E-21, Florida Administrative Code, as same may be amended from time to time, is incorporated herein by reference as a part of this chapter.

   (E)   Declaration of water shortage; water shortage emergency. The declaration of water shortage or water shortage emergency within all or any part of the town by the governing board or the Executive Director of the district shall invoke the provisions of this section. Upon such declaration all water use restrictions or other measures adopted by the district applicable, to the town shall be subject to enforcement action provided herein. Any violation of the provisions of Chapter 40E-21, Florida Administrative Code, or any order issued pursuant thereto, shall be a violation hereof.

   (F)   Town jurisdiction over water shortages. In the event of a facility failure or circumstance outside the immediate jurisdiction of the South Florida Water Management District which would necessitate curtailment of water production, distribution or consumption, the Mayor of the town or his or her designee may declare the existence of a water shortage condition or emergency which shall activate the provisions hereof.

   (G)   Enforcement of water restrictions. Every law enforcement officer having jurisdiction in the town shall, in connection with all other duties imposed by law, diligently enforce the provisions of these water restrictions.

   (H)   Standard penalties. Any person convicted of the violation of any provision of these water restrictions shall be subject to the penalties as provided by law.

   (I)   Separate violations and sanctions. Each day in violation of this section shall constitute a separate offense. In the initial stages of a water shortage or water shortage emergency, law enforcement officials may provide violators with no more than one written warning. In addition to the criminal sanctions contained herein, the town may take any other appropriate legal action, including, but not limited to, emergency injunctive action, to enforce the provisions hereof.

   (J)   Water users to accept provision of this section. No water service shall be furnished to any person by a public or private utility unless such person agrees to accept all the provisions of these water restrictions. The acceptance of water service shall be in itself the acceptance of the provisions hereof.

(Ord. 1-90, passed 1-31-1991)

   Any person aggrieved by a decision of the Building Official or Zoning Official regarding the interpretation or application of this subchapter may have such decision reviewed on a summary basis by the Board of Adjustment of the town, pursuant to the procedure for same so made and provided. Such appeal shall be scheduled for hearing at the next regular Town Council meeting, provided that notice of the proposed appeal is given to the Town Clerk at least ten days prior to such meeting.

(Ord. 1-90, passed 1-31-1991)