These regulations are intended to accommodate responsible development while protecting and preserving valuable natural and historic resources. In furtherance of this objective, this article in particular, and this Land Development Code in general, provides incentives for developers to employ sound environmental practices and plan for proposed activities and projects in the context of natural systems and historic features of the landscape. Developers are encouraged to use conservation design techniques such as clustering, density transfers, stem wall foundations, tree wells, native landscaping adapted to the soil and hydrology of the site. These, and other development practices, are intended to produce marketable projects while protecting natural and historic resources. The purpose of this article to:

(a)

Implement the comprehensive plan, with particular emphasis on preserving and protecting biodiversity and the ecological values and functions of uplands, wetlands, open bodies of water and flowing streams, groundwater, dunes and other significant geologic features, soils and slopes, and flora and fauna; and

(b)

Protect the natural resources, open spaces, and historic character of Nassau County in a manner that preserves and cultivates a unique sense of place while fostering economic well-being, enhancement of property values and the quality of life, and minimizing present and future vulnerability to natural and man-made hazards.

(Ord. No. 2008-01, § 3, 1-31-08)

A.

Purpose and intent. The purpose of this section is to provide standards and regulations to ensure a minimum number of trees on any lot or parcel, protect and preserve native tree species, protect and preserve the natural landscape, foster and encourage maintenance of natural vegetation, and minimize loss of trees to development within the unincorporated areas of Amelia Island. It is the intent of the board of county commissioners of Nassau County that:

1.

A balanced, equitable and practical approach to preserving the Amelia Island tree canopy and fostering the establishment of new trees on Amelia Island be implemented;

2.

Amelia Island is a barrier island on the east coast of Florida that contains a maritime forest - one (1) of the rarest coastal biological communities;

3.

Of the east coast barrier islands those islands within the Georgia Embayment, Amelia Island being one (1), have among the most vigorous maritime forest;

4.

The Amelia Island maritime forest provides communal benefits that are integral to the health, safety and general wellbeing of the island and the inhabitants thereon;

5.

Those communal benefits that preserve the health, safety and general wellbeing of the inhabitants of Amelia Island include, among others, storm protection, stormwater storage and treatment, soil stabilization and strengthening, and serve to counter heat island effect;

6.

The communal benefits provided by a mature maritime forest cannot be replicated through new plantings in a reasonable timeframe;

7.

Preservation of the Amelia Island's existing tree canopy is achieved by managing the impact of development and preventing unreasonable or unnecessary damage to the community's existing native tree canopy and vegetative understory;

8.

The diversity of tree species indigenous to Amelia Island shall be maintained;

9.

Existing mature growth native trees important to Amelia Island's tree canopy are protected and maintained to the fullest extent possible;

10.

Structures and all impervious surfaces will be placed in such a way as to protect the survivability and substantial growth of the healthiest canopy trees on the property;

11.

The natural environment is preserved, enhanced, and restored through the protection and establishment of native trees and existing natural systems for the enjoyment of present and future populations;

12.

Achieving greater energy conservation by maximizing the shading and cooling effects of existing native, healthy trees and native replacement trees;

13.

Providing cooling comfort and beauty for public spaces such as parks, rights-of-way and areas adjacent to rights-off-way, sidewalks, and bicycle trails;

14.

The unique aesthetic character of Amelia Island is preserved, enhanced, or restored; and

15.

All properties located in the unincorporated areas of Amelia Island shall maintain compliance with this article as outlined in 37.02(B) unless and until annexation into the City of Fernandina Beach is fully executed at which time any further development action is subject to rules and regulations of the City of Fernandina Beach.

B.

Applicability.

1.

The terms and conditions of section 37.02 shall apply to all lands in the unincorporated areas of Amelia Island.

2.

Nothing herein shall exempt any property in the unincorporated areas of Amelia Island from or waive any landscaping, minimum tree planting, open space or buffer requirement described in sections 37.03, 37.05 and/or 37.06 LDC unless explicitly expressed in this section.

3.

Any tree protection plan approved by Nassau County prior to (insert effective date) remains in effect. Nothing herein shall be construed to invalidate a previously approved tree protection plan. However, subsections O, P, R, and S in this section shall apply to tree protection plans approved by Nassau County prior to (insert effective date).

C.

Regulatory framework. The regulations set forth herein establish the following:

1.

Creation of an Nassau County-Amelia Island Tree Commission Amelia Island Tree Commission;

2.

Definition of a protected tree;

3.

The permissible means by which a protected tree may be removed; and

4.

A penalty for violation of this article.

D.

Nassau County-Amelia Island Tree Commission.

1.

There is hereby created an unincorporated Nassau County-Amelia Island Tree Commission (NC-AITC).

2.

Appointments. The NC-AITC shall consist of five (5) members to be appointed by the Nassau County Board of County Commissioners. The NC-AITC shall, to the extent practicable, include:

a.

Five (5) voting members:

i.

County planning and zoning board representative, recommended by planning and zoning board;

ii.

A Florida licensed landscape architect;

iii.

An International Society of Arboriculture (ISA) certified county arborist, either a county employee or contractor: and

iv.

Two (2) lay citizens who must be residents of the unincorporated area of Amelia Island.

b.

Ex officio non-voting members will include:

i.

A planning department representative appointed by the county manager;

ii.

A public works department representative as appointed by the county manager;

iii.

A engineering services department representative as appointed by the county manager; and

iv.

A Institute of Food and Agricultural Sciences (UF-IFAS) representative approved by the county manager.

3.

Administration:

a.

Terms. Voting members shall be appointed for three (3) year staggered terms. Any member appointed to the NC-AITC serves at the pleasure of the board of county commissioners.

b.

Chair/conduct of business.

i.

The NC-AITC shall elect a chair and vice-chair each year. No person shall serve more than two (2) consecutive terms as chair or vice-chair.

ii.

The NC-AITC shall meet, at a minimum, monthly at a regular date and time in accordance with Florida public meeting laws.

iii.

Meetings shall be held in accordance with Robert's Rules of Order "simplified."

iv.

The NC-AITC is staffed by the planning department and represented by the county attorney.

4.

Powers and duties. The NC-AITC responsibilities are as follows:

a.

Develop, recommend and forward to the board of county commissioners a tree planting program as outlined in subsection M to be updated at a minimum every five (5) years, with recommendation first being reviewed by the county manager and office of management and budget director to determine a financial impact, with the financial impact and recommendation presented to the board of county commissioners by the county manager;

b.

Review restoration plans as outlined in subsection U;

c.

Hear and decide administrative appeals from provisions of this section as outlined in subsection P;

d.

The NC-AITC may recommend to the board of county commissioners that:

i.

Periodic surveys of trees and vegetation on the unincorporated area of Amelia Island be conducted;

ii.

A survey and record of significant trees be established and maintained;

iii.

New canopy roads be designated; and

iv.

A heritage tree program be established.

e.

The above powers and duties, excepting section 32.02.D.4.b and section 32.02.D.c, are subject to the availability of funds as determined by the board of county commissioners. In determining such funding availability, the office of management and budget shall provide to the board a financial impact report.

E.

Protected trees.

1.

A protected tree is any existing, healthy tree as determined by an ISA certified arborist approved by the board of county commissioners having a caliper of five (5) inch diameter at breast height (DBH) or greater, and not identified on the most recent Florida Exotic Pest Plant Council Invasive Plant list (Category I or II).

2.

Specimen trees: Healthy Quercus virginiana and Quercus geminata (live oak) are integral to the health of a maritime forest and by extension, the health and well-being of Amelia Island. In addition, the live oak is the primary characteristic of Amelia Island's unique aesthetic quality which is critical to economic prosperity of the local tourist industry. Specimen trees are any existing healthy live oak as determined by an ISA-certified arborist approved by the board of county commissioners, measuring forty (40) inches or more in diameter at breast height, or, a multi-trunk live oak, as determined by an ISA-certified arborist with an aggregate measurement of sixty (60) inches or more in diameter at breast height. The following standards apply to specimen trees.

a.

The exemptions and waivers defined in this article do not apply to specimen trees.

b.

Specimen tree removal shall require a permit from the planning department.

c.

Permit requests for specimen tree removal shall include a written report prepared, signed and notarized by an ISA certified arborist. The report, at a minimum, shall include:

i.

A response to the review criteria for specimen tree removal, and;

ii.

Reports, references and any other supporting documentation necessary to demonstrate the specimen tree meets the criteria for removal; and

iii.

A tree replacement plan meeting the minimum requirements of this section.

d.

The permit request will be considered by the NC-AITC at a public hearing. The NC-AITC shall consider the following in their review of the request to remove a specimen. Criteria for specimen tree removal are as follows:

i.

The tree is dead or has fallen, as determined by an ISA-certified arborist, or;

ii.

The health and/or structure is sufficiently compromised, and the tree is deemed to have a high likelihood of failure by an ISA-certified arborist with tree risk assessment credentials, or;

iii.

The application of this section will remove all economically viable use of the property under review; or

iv.

The applicant/property owner has demonstrated that no feasible design or development alternative exists that can be implemented that would allow preservation of the specimen tree(s). Such design alternatives would include use of customized architecture (building plans), incorporation of tree(s) into building complex, decrease in building footprint size, boring under tree roots instead of trenching (for utility installation), reduction in impervious surfaces, lesser intense use of the property, relocation or redesign of supporting infrastructure and utilities, and other similar design and development alternatives or;

e.

The tree replacement standards associated with the removal of a specimen tree is in addition to all other tree replacement, tree planting and landscaping requirements defined in the LDC.

f.

In addition to any other landscape requirement defined in section 37.05 LDC or tree replacement requirements defined in this article, the removal of a specimen tree, based on the above review criteria, shall be mitigated by planting one (1), three (3) inch caliper live oak on-site.

g.

The board of county commissioners may set specimen tree removal permit fees by separate resolution.

h.

Appeals and waivers are set forth in subsections P and Q of this article.

F.

Tree removal. Tree removal permits, processed through the planning department, are required for the removal of any protected tree, except as outlined in section 32.02.F.1.a below. The board of county commissioners may adopt tree removal permit fees by separate resolution. The removal of a tree by any person or entity who fails to meet the standards/procedures in this section will be subject to the penalty and enforcement provisions defined in this article.

1.

Trees exempt from protection: Permitting and/or replacement exemptions are outlined below. In the event the removal of a tree(s) in accordance with this section causes the property to fall beneath the minimum required number of trees per section 37.05 and/or 37.06 LDC additional trees shall be planted in accordance with the minimum tree planting standards defined in the referenced sections of the LDC. Nassau County shall require a tree replacement plan be created at the owner's expense.

a.

Exempt classification 1: The following categories are exempt from permit, permit fee and replacement requirements:

i.

Pruning, trimming or removal of trees on residential property that present a danger to persons or property, as determined by documentation from an ISA-certified arborist or a Florida licensed landscape architect. Replanting of a removed tree under this provision is not required. Pruning and trimming shall be performed in compliance with the best practices as provided by the ISA. This provision does not apply to action undertaken by the public works department for work in a public right-of-way related to public health and safety matters.

ii.

Trees and landscaping specifically grown as landscape material for resale by duly approved and licensed plant nurseries and botanical gardens.

iii.

Storm-damaged or hazardous trees during and for a one (1) month period following a declared weather state of emergency. Declared weather state of emergency shall include all state, federal and local declarations that include Amelia Island.

iv.

Minor maintenance activities such as removal of sucker growth, water sprouts, and overhanging branches on mature trees. All work shall be performed in compliance with the best practices as provided by the ISA.

v.

Trimming or removal of trees or limbs by Nassau County or county contractors located within a public right-of-way that has been deemed to represent a clear and immediate threat to the health and wellbeing of the general public as determined by the county engineer.

vi.

Major and minor maintenance of trees located adjacent to utility lines when performed by the utility provider.

vii.

Fallen trees.

b.

Exempt classification 2: The following require a tree removal permit and documentation in the form of a notarized letter by an ISA-certified arborist at the property owner's expense as part of the permit application, but replacement plans and replacement and tree removal permit fees shall be waived for this category:

i.

Nonresidential protected trees damaged by disease, fire, windstorm, lightning, insect infestation or other acts of nature, which pose an imminent danger to life, property or other protected trees;

ii.

Removal of trees (thinning) within a forested area in order to reduce overcrowding and competition and to promote the health, growth, and resistance to stress may be permitted;

iii.

Removal of trees by Nassau County within Nassau County rights-of-way except as exempted in section 37.02.F.1.a.v; and

iv.

Removal for emergency purposes outside the provision found in section 37.02.F.1.a.iii wherein the tree poses an imminent threat to the health, safety and welfare of persons or public or private property (not applicable to circumstances outlined in section F.1.a.i above).

2.

Protected trees removed as part of new development:

a.

The term construction zone, as used in this article and found in article 32, shall have the following meaning: the impervious, semi-impervious area of development including related infrastructure, utilities, stormwater management facilities and the lands within six (6) feet thereof.

b.

The term limits of disturbance, as used in this article and found in article 32 LDC shall have the following meaning: A boundary denoting the maximum extent of any development activity. Development activity includes, but is not limited to, storage of material or equipment, access roads, haul roads, excavation, grading, deposit of fill material or aggregate, site work, erection of a structure, placement of construction trailers, placement of dumpsters, installation of utilities, operation of heavy equipment, or any other development related activity. Areas outside the limits of disturbance are not to be impacted by development activity.

c.

The term new development, as used in this article and found in article 32, shall have the following meaning: Any new construction or site work whether residential, non-residential or mixed-use, any modification, expansion, redevelopment or alteration to an existing structure, alteration to any site including borrow pit construction, site grading, driveways or other similar activity, any new or expanded accessory use or structure - shed, pool, parking area, means of ingress/egress, drainage facility, pond, etc., and/or any other aspect of site or structural development or modification that may adversely impact existing trees.

d.

As part of new development, a protected tree may be removed subject to the following removal requirements:

Figure 37-1: Tree Mitigation Example

3.

No protected tree located within a required perimeter landscape area, as defined in section 37.05.D., adjacent to a public or private right-of-way or street shall be removed except to provide site access where no other viable option exists. Any tree meeting this requirement shall be identified as part of the tree protection and replacement plan and be assessed for health by an ISA-certified arborist.

4.

It is encouraged that as part of the development program the naturally occurring groundcover and understory be maintained. However, the removal of underbrush and removal of trees which are less than five (5) inches DBH is allowed. Removal of underbrush within a tree protection zone shall be consistent with the methodologies defined in this article.

5.

Credit shall not be given for the preservation of protected trees located in jurisdictional wetlands or required upland buffers/vegetative natural buffers.

6.

When, based on the determination of an ISA-certified arborist, a parcel of land cannot support the number of trees required to be planted as part of the replacement standards as defined herein, a property owner, at their expense, may plant the requisite trees on other lands on Amelia Island subject to approval by the NC-AITC. The receiving entity shall be responsible for the tree(s) survival. If any replacement tree does not survive it shall be the responsibility of receiving entity to replace the tree(s).

7.

It is encouraged, and in some cases may be required, to utilize low impact development principles, or other techniques such as stem-wall construction, tree wells and others, in order to preserve protected trees.

8.

For the health of existing and new trees, proposed fill for green space in new developments shall be limited to the minimum amount necessary to provide positive drainage flow and to abide by any applicable floodplain protection and/or state and local regulations. Native soil shall be stockpiled and re-spread during final site grading. Any imported topsoil required shall be similar to the existing soil in pH, texture, permeability, and other characteristics.

G.

Required documentation for tree removal related to new development.

1.

Class I development:

a.

When considering a request to facilitate new development that does not require review by the development review committee (DRC), the tree protection and replacement plan shall be submitted at the time the request is made. As an example, the addition of a pool to an existing single-family residential lot does not require approval by the DRC; however, the improvement meets the definition of new development per this article and thus requires a tree protection and replacement plan and is subject to the 75/25 replacement rule as defined in section 37.02.F.2 of this article. The planning department will review said protection and replacement plan and either approve, approve with conditions or deny for-cause the submitted plan based on the standards defined in sections 37.02.G, H, I, J, K N and O of this article. The planning department will provide a written assessment of the plan notifying the applicant of the review findings if approved with conditions or is denied. No development permit (this includes building permits, site work permits, borrow pit permits, right-of-way permit, driveway permits, or any similar permit) will be issued until the tree protection and replacement plan is approved by the planning department. A review fee will be set by separate resolution of the board of county commissioners and amended from time-to-time as necessary.

2.

Class II, III, and IV development:

a.

When reviewing a project requiring a preliminary binding site plan, site plan, or subdivision plan reviewed by the development review committee, the tree protection and replacement plan shall be required as part of the review and be included within preliminary binding site plan, site plan, or subdivision plan documents.

b.

When reviewing a project requiring a site engineering plan (SEP) reviewed by the development review committee, but not any of the items listed in 'a' above, the tree protection and replacement plan shall be required as part of the review included within site engineering plan documents.

c.

When reviewing a project requiring a preliminary development plan (PDP, new or modified) the tree protection and replacement plan shall be required as part of the review included within preliminary development plan documents.

d.

When reviewing a project requiring a final development plan (FDP) that has a previously approved preliminary development plan the tree protection and replacement plan shall be required as part of the review included within final development plan documents.

e.

All revision sheets must be dated and revision history noted in the title block.

3.

The following information is required for all tree protection and replacement plans:

a.

A completed tree inventory. This includes a graphical representation and worksheet in an application provided by the planning department.

b.

A tree survey/inventory. When the request involves removal of three (3) or fewer trees, the inventory/survey does not need to be certified by an ISA-certified arborist, but must contain all requisite information defined in this article. When the application is requesting the removal of four (4) or more trees, the inventory/survey shall be certified by an ISA-certified arborist. The planning department shall make this determination.

c.

In all cases, the tree survey/inventory shall be drawn to scale and include the following:

i.

Location of all trees, identifying their species using botanical species nomenclature (i.e. Quercus virginiana = Qv), size at DBH, tree protection zones and related barricades. The placement of tree barricades shall be in accordance with section 37.02.N.5.c and shall be field adjusted and verified for compliance.

ii.

Illustration and text outlining tree protection methods as per section 37.02.N.

iii.

All protected trees, including specimen trees, within the project boundary, abutting rights-of-way and easements shall be noted.

iv.

Location, including footprint, of all proposed and existing structures and other existing and planned improvements including utilities and stormwater management facilities.

v.

All existing and proposed impervious and semi-impervious surfaces.

vi.

Construction zone boundary.

vii.

The limits of disturbance.

viii.

Property boundaries and any abutting streets identified by name.

ix.

Location of all points of ingress and egress, existing and planned utilities including private well and onsite sewage treatment and disposal systems (septic tank and drain field). If overhead utilities are located adjacent to the subject property, the location of said utilities must be shown.

x.

Indication of trees to be retained, trees to be removed, and diseased trees. Include this information on a chart identifying all existing protected trees by #, DBH size, health, retention status, whether the tree is inside or outside the construction zone or limits of disturbance, comments and any other information deemed necessary to calculate preservation inches and mitigation inches required.

xi.

Calculation of total DBH of trees inside the construction zone, twenty-five (25) percent retention DBH, those within the limits of disturbance (if appropriate) and mitigation inches required.

xii.

Proposed grade changes.

xiii.

Jurisdictional wetland and related vegetative natural buffers (upland buffers) boundaries. Showing the location of protected trees in these areas is not required.

xiv.

Supporting documentation from ISA-certified arborist related to encroachments into the tree protection zone detailing mitigation strategies to address development impacts to protected trees as referenced in section 37.02.N.5.b.

xv.

No survey or tree inventory shall be more than two (2) years old.

4.

Nassau County reserves the right to have a third-party arborist review any request for tree removal. The cost of the review by the arborist shall be the responsibility of the applicant and paid prior to the approval of a permit.

5.

Unless exempted in subsections 37.02.F.1.a or b of this article, a tree replacement plan shall be submitted and certified by an ISA-certified arborist or licensed landscape architect showing the location and specification of all replacement trees pursuant to and consistent with the tree replacement and relocation standards in section 37.02.E.

6.

All tree protection and replacement plans requiring certification by an ISA-certified arborist and all restoration plans shall include the following notarized signature block.

I, ___________, am a certified arborist through the International Society of Arboriculture and my certification number is _______. I hereby attest that I have prepared this tree protection and replacement plan and/or restoration plan. This includes not only the evaluation of individual trees but also review of the complete construction plan set and the techniques that will be utilized to mitigate impacts to protected trees. Further, I attest that best practices, as supported by the International Society of Arboriculture, are being implemented to avoid and mitigate impacts to protected trees.

Print Name: ___________

Signature: ___________ Date: _______

7.

Tree preservation plan or restoration plan shall be re-signed by the arborist with any tree preservation plan or restoration plan resubmission.

H.

Supplemental parking requirements for the unincorporated areas of Amelia Island. Supplemental parking requirements for Amelia Island were adopted to promote tree preservation. See section 31.14 of the LDC: Supplemental parking requirements for the unincorporated areas of Amelia Island.

I.

Replacement trees requirements.

1.

When authorization has been granted to remove protected trees, replacement trees shall be planted as applicable. The combined caliper inches of replacement and preserved trees shall at a minimum equal the combined DBH of trees authorized for removal subject to any applicable partial exemption defined in section 37.02.F.2 and tree preservation credit as defined in section 37.02.K.

2.

For specimen trees, see section 37.02.E.2 of this article. The approved removal of specimen tree shall be mitigated with the planting of one (1), three (3) caliper inch live oak. Tree preservation credits nor landscape requirements as defined in section 37.05 LDC may be utilized to off-set this requirement. This requirement is in addition to all other landscaping, tree planting and replacement requirements. Preservation credits are not applicable for removal of specimen trees to ensure that for each specimen live oak which is removed, one (1) live oak is planted.

3.

Replacement trees shall be a canopy tree and meet the standards set forth in section 37.05.B LDC and shall measure three (3) caliper inches or more at the time of planting, be balled and/or burlapped or container-grown. In order to prevent a monoculture, replacement trees shall not include more than forty (40) percent of any one (1) genus or twenty (20) percent of any one (1) species.

4.

Replacement trees can include relocated trees from within the site, with the approval of an arborist and also on-site supervision of the relocation by an arborist.

5.

Replacement trees shall be maintained and warranted to survive for a period of one (1) year from installation. Trees which do not survive in good condition as determined by an ISA-certified arborist for one (1) year must be replaced with new trees meeting the size requirements defined herein at the property owner's expense. Replacement trees shall comply with the same maintenance and replacement warranty as the original replacement tree(s) and the warranty period will restart at the date of planting.

6.

All replacement trees shall be irrigated.

J.

Nassau County Tree Fund/fee in-lieu.

1.

The board of county commissioners shall create a restricted unincorporated Amelia Island Tree Fund. The fee schedule will be set by the board of county commissioners. The fee amount will be based on the following:

The planning department will survey at least three (3) retail nurseries located in Northeast Florida, with at least one (1) nursery being located in Nassau County, to obtain the cost to plant a three (3) caliper inch live oak. The three (3) quotes will be averaged to arrive at total cost. The total cost will be divided by three (3) to derive the cost per inch replacement fee.

2.

The following criteria shall be provided to the nurseries for arriving at a quote:

a.

Transport and installation: Shall include transport and installation. For calculating travel distance for delivery, it will be assumed the tree will be planted at the intersection of Fletcher Avenue and First Coast Highway - a centralized location on Amelia Island.

b.

Warranty: The quote shall include a twelve (12) month warranty.

c.

Irrigation: The cost to provide a tree watering bag and fill/maintain said gator bag as necessary for a period of not less than six (6) months.

d.

Material grade: Grade #1 or better according to the current edition of "Grades and Standards for Nursery plants" published by the Florida Department of Agriculture and Consumer Services, Division of Plant Industry.

3.

The fee will be adjusted from time-to-time as deemed necessary by Nassau County Board of County Commissioners.

4.

The expenditure of monies collected by the Nassau County Tree Fund are limited for the following purposes within the unincorporated areas of Amelia Island and shall be expended by the board of county commissioners based on recommendations from the NC-AITC:

a.

Planting of new trees in the unincorporated areas of Amelia Island either on public lands or on private property in accordance with the Amelia Tree Planting Program in section 37.02.M;

b.

Performing studies related to urban forestry, canopy protection, and assessments of natural areas;

c.

Education and outreach initiatives primarily focused on preserving the native canopy, impacts of tree loss, value of natural, regenerating areas; and

d.

The development of grant applications.

5.

An applicant shall be permitted to pay a fee to the unincorporated Nassau County Tree Fund for up to fifty (50) percent of the required replacement inches (caliper).

6.

Payment into the Nassau County Tree Fund shall only be acceptable for tree replacement requirements and shall not be utilized to off-set any minimum landscaping requirements defined in article 37.05 LDC.

7.

Penalty and fine money collected as part of enforcement action: Any financial penalties or fines collected by Nassau County related to violation of this article shall be placed in the unincorporated Amelia Island Tree Fund for use as defined in subsection J.4.

K.

Preservation credits.

1.

All new development as defined in this ordinance is eligible to receive tree preservation credits.

2.

On-site retention of protected trees shall receive the benefit of tree preservation credits to reduce the overall tree replacement requirements as follows:

• Trees equaling twelve (12) inches—twenty-four (24) inches (DBH) shall receive a one hundred fifteen (115) percent credit.

• Trees equaling 24.1 inches—thirty-eight (38) inches (DBH) shall receive a one hundred twenty-five (125) percent credit.

• Trees equaling 38.1 inches or greater (DBH) shall receive a one hundred fifty (150) percent credit.

a.

In order to qualify for on-site tree preservation credits, each tree proposed for retention must be evaluated by an ISA-certified arborist to ensure that the tree is healthy and proper mitigation techniques will be implemented to ensure the long-term viability of the tree(s) in the post development environment.

b.

These credits shall only be applied towards tree replacement requirements created by the removal of protected trees as set forth in section 37.02.F. These credits may be transferred only on unified multiple lot developments pursuant to sections 37.02.L.

c.

Preservation credits for the total DBH of protected trees retained on the site will be applied during the review of the tree protection and replacement plan.

d.

Tree credits cannot be applied to minimum landscaping requirements defined in section 37.05 of the LDC.

e.

Trees which provide for enhanced public shade for sidewalks, streets, parks, and other public space shall receive a one hundred fifteen (115) percent credit for each tree.

3.

Existing trees located within easements may be eligible to receive preservation credits provided the improvements within the easement do not adversely impact the protected trees. In addition, the easement holder shall provide written acknowledgement of the protected status of the trees and affirm activities within the easement will not adversely impact long-term survivability. For example, a tree located in an electrical utility easement that contains or will contain overhead electrical lines will not be eligible to receive credits. In the alternative, where a tree is located in an electrical easement where the electrical lines will be installed via directional bore (installed underground) under the consultation of an ISA-certified arborist then preservation credits are appropriate if correspondence is received from the easement holder acknowledging the trees protected status and affirms that activity in the easement will not adversely impact the trees survivability.

L.

Tree bank exchange area. A tree bank exchange area (TBEA) may be established in order to meet minimum replacement requirements related to new development. The purpose of the bank is to prevent over planting on individual lots/tracts, to establish new shade trees in proximity to the removal location, and to provide flexibility and incentives for open space preservation. A tree bank exchange area (TBEA) is an area or several areas of land located internal to a development under unified development program which are dedicated as open space for new tree plantings. The use of a TBEA) allows for trees to be planted within the identified area to satisfy required replacement inches necessitated by the removal of trees for new development. The TBEA cannot be used to fulfill minimum landscape requirements for an individual site as defined in section 37.05 and 37.06 LDC. A TBEA may be established at the same time as consideration of a preliminary binding site plan/subdivision plan, site engineering plan, preliminary development plan or by the development review committee thereafter.

A TBEA must meet the following minimum standards and limitations:

a.

A TBEA shall be designated on the site engineering plan and plat or other similar means approved by the development review committee.

b.

Provide a note in the adoption and dedication block on the plat defining to whom the bank is dedicated and the intended purpose, or in the alternative, provide adequate documentation to the development review committee to meet the same intent.

c.

A TBEA shall be described in the covenants and restrictions of the community/development and define maintenance responsibility.

d.

A TBEA may only serve to receive trees from lands within the same development which is subject to a unified development program.

e.

Replacement trees shall only be allowed to be transferred to the TBEA. Replacement trees cannot be transferred from an individual lot to another individual lot unless otherwise approved by the planning and zoning board.

M.

Nassau County Tree Planting Program.

1.

The NC-AITC may recommend to the board of county commissioners an unincorporated Nassau County Amelia Island Tree Planting Program. If approved, the program shall be evaluated and updated at a minimum every five (5) years. Any recommendation as to a tree planting program shall have a financial impact assessment approved by the county office of management and budget and county manager and provided to the board of county commissioners.

2.

At a minimum, the tree planting program shall include, but is not limited to:

a.

As a priority, strategies for planting trees on publicly-held lands on the unincorporated area of Amelia Island, including rights-of-ways and lands owned or controlled by Nassau County and the Nassau County School Board; and

b.

Strategies for working with private property owners to plant trees on the unincorporated area of Amelia Island, including the possibility of partnerships using funds from the Nassau County Tree Fund.

3.

Strategies for public and private planting programs must be developed in public meetings of the NC-AITC, establish a process, and have clear criteria for site selection and the use of funds. It is not intended that this program would offset any required landscape or tree replacement obligations of private property owners due to tree removal.

N.

Protection of trees during development activities.

1.

Protective measures are required during site development in order to assure the health and survival of protected trees. Storage of construction materials or fill dirt is expressly prohibited within the tree protection zone.

Protective measures are required to avoid mechanical injuries to roots, trunk, and branches, injuries by chemical poisoning, grade changes, excavations, root compression, and new impervious surfaces.

2.

To provide conformity between projects, avoid confusion and assist field inspectors, enforcement agents, site construction works and others, the following color-coding system for tree ribbons and in the creation of tree protection and replacement plans shall be used.

a.

Pink—"Do Not Cut" protected tree to be preserved.

b.

White—Used for tree survey purposes only.

3.

It is the intent of this article to encourage the utilization of low impact development principles. Significant grade changes should be avoided to the maximum extent possible. Stem-wall construction is strongly encouraged. When grade change is unavoidable, techniques shall be used to avoid placement of fill over the tree protection zone. It is encouraged that as part of the development program the naturally occurring groundcover and understory be maintained.

Figure 37-2: Maintain Existing Grade

4.

The extension of utilities shall be underground and utilize directional boring (tunneling) and avoid protected trees. Utility areas shall be denoted on all tree protection plans/site plans.

Figure 37-3: Proper Utility Line Installation

5.

A tree protection zone shall be established around each protected tree(s) as follows:

a.

At a minimum, the tree protection zone (TPZ) shall be defined as a circular area around a protected tree with a radius equal to six (6) times the diameter of the trunk of the protected tree at breast height. In no case shall a tree protection zone be less than seventy-two (72) inches. As an example, a protected tree with a DBH of fifty (50) inches will have a tree protection zone with a radius of three hundred (300) inches. A protected tree with a DBH of eight (8) inches will have a tree protection zone of seventy-two (72) inches. Reference section 37.02.N.5.b for deviations in TPZ encroachments.

b.

Encroachment into the TPZ is allowed only with the written findings from an ISA-certified arborist that such encroachment shall not harm the health of the tree. These findings shall be independently verified by the county's arborist.

c.

Prior to commencement of construction, all trees shall be marked with the appropriate color ribbon as defined in section 37.02.N.2 and the tree protection zone shall be enclosed via the installation of the tree protection barricade. The tree protection barricade shall be at least three (3) feet tall, shall include two (2) by four (4) vertical supportive posts placed at a maximum of eight (8) feet apart, and shall include a two (2) by four (4) top rail. Allowable fence types include wood picket, temporary wire mesh, or other barrier that effectively limits access to the protected area. The barricade must be soundly constructed and remain in place through the duration of construction activities.

i.

On-site placement of posts for the barricades shall be shown on the DRC approved site plan as approved by an ISA-certified arborist protect the health of the tree(s).

ii.

The material utilized for the barricade may be altered by the planning and zoning board upon receipt of a written request of the applicant. The decision to grant the alternative material shall be based on the following:

a)

Peculiar topographical or environmental characteristics of the site that are not applicable to other lands.

b)

The proposed alternative is superior to minimum requirements as determined by an ISA-certified arborist.

c)

Financial impacts on the applicant shall not be considered by the board in making a determination.

d.

Trenching or excavation within the tree protection zone of a tree intended for preservation must be done by directional boring/tunneling.

e.

A deviation from the minimum size requirements of the tree protection zone may be granted by the NC-AITC if the strict application of this rule will result in the unnecessary destruction of protected trees which can otherwise be preserved through application of best management practices. Consultation with an ISA-certified arborist is required to determine proper mitigation measures to ensure protection of the tree during construction activities. The plan shall be prepared and certified by an ISA-certified arborist and include sufficient detail to clearly define the process and protective measures proposed. This plan shall be submitted to planning department as part of the request to commence new development. The county reserves the right to impose upon the applicant the minimum fee necessary to cover the expense of having a third-party ISA-certified arborist review the submittal.

f.

If upon inspection by the code enforcement department it is determined that a tree protection barricade has not been properly maintained or improperly located a stop work order may be issued. The stop work order may not be lifted until all barricades have been re-established in accordance with this ordinance, verified by an ISA-certified arborist and any resulting corrective action has been completed.

g.

During construction it shall be the responsibility of the developer to monitor the water needs of protected trees.

h.

A twelve (12) square foot sign shall be displayed in the TPZ marking the TPZ.

Figure 37-4

6.

All development activities, except those specifically permitted by section 37.02.N.7, shall be prohibited within the tree protection zone, including any construction of buildings, structures, paving surfaces, stormwater retention or detention ponds, and temporary construction activities, including all digging, storage of construction material, mechanical clearing of underbrush and/or parking of construction vehicles.

7.

Permitted activities within the tree protection zone:

a.

Excavating by utility service providers for installation of underground utilities. Underground utilities shall be placed away from the base of the tree to the maximum extent possible. When trenching or excavation within the tree protection zone of a tree intended for preservation is deemed necessary by the county engineer all trenching and excavating shall be done by directional boring/tunneling. The county engineer shall not consider the financial implications of boring/tunneling in making a determination.

b.

Placement of ground covers such as mulch, pine straw, pine bark, or naturally occurring groundcovers found in the same natural community, and the non-mechanical preparation of the ground surface for such covers.

c.

Hand trimming of underbrush.

8.

The root systems of protected trees shall be preserved when installing fences and walls. Postholes and trenches located close to trees shall be dug and adjusted as necessary to avoid damage to major roots. Continuous footers for masonry walls shall be ended at the point larger roots are encountered and the roots bridged.

9.

No person shall attach any signs to a protected tree, nor shall any person cause any substance harmful to protected trees to come in contact with them, or prevent water or oxygen from reaching their roots by excessive cut and fill activities.

10.

The planning director reserves the right to have a third-party arborist review any submitted permit and/or back-up data and make site visits as deemed necessary by the third-party arborist. The cost of the third-party review will be passed to the applicant.

O.

Abused trees. Abused trees shall not be counted toward fulfilling tree replacement or preservation requirements. Nassau County may require the abused trees to be replaced and are subject to penalties provided for in this article. A tree may be considered abused if one (1) or more the following actions have taken place.

1.

Damage that threatens the long-term survivability, as determined by an ISA-certified arborist, has been inflicted upon any part of a tree, including the root system by machinery, storage of materials, soil compaction, excavation, vehicle accidents, chemical application, or change to the natural grade.

2.

Damage inflicted to or cutting upon a tree which causes infection or pest infestation.

3.

Pruning any tree to permanently reduce the function of the tree or cause it to go into shock.

4.

Hat-racking/topping.

5.

Pruning more than thirty (30) percent of the canopy of a shade tree.

6.

Removal of bark which is detrimental to the tree.

7.

Tears and splitting of limb ends or peeling and stripping of bark.

8.

Use of climbing spikes, or cutting into the tree for the purposes of climbing on any species of tree for any purpose other than total removal, except as the same may be required to comply with federal, state or local laws and regulations, including, but not limited to, the Occupational Safety and Health Act.

9.

Girdling a tree with the use of wires (e.g., use of weed eater, mower damage, or improper cabling around branches).

P.

Appeals.

1.

It is the intent of this article that all questions of interpretation shall be appealed to the county planning and zoning board in accordance with section 3.04 of [the LDC], as amended. The director of planning, in conjunction with the county arborist, shall render the initial interpretation.

2.

An application for appeal shall be presented in accordance with section 3.04(B)(7) of the LDC to the planning and zoning board on matters of interpretation.

Q.

Waivers.

1.

Waivers shall be heard by the NC-AITC under the following parameters.

a.

The NC-AITC may consider unique development scenarios that result in the preservation of significant natural areas and demonstrates tree protection in a holistic manner - preservation of an intact natural community. This provision is not intended to waive the preservation or replacement requirements defined in this article but rather address characteristics of development such as reducing building setbacks, reducing the building footprint by increasing building height, reducing required parking, use of low impact development principles as recommended by the county engineer.

b.

A request for consideration of a waiver from the NC-AITC shall be submitted in writing to the planning department. The waiver request shall include the following:

i.

Narrative describing the request. The narrative shall describe the unique development scenario and provide specific detail as to how the waiver results in a superior development proposal as it relates to a holistic view of tree protection that could not otherwise be achieved without the waiver.

ii.

Site plan of sufficient detail to adequately review and make a professional recommendation to the NC-AITC. At a minimum, the site plan shall meet the standards for a preliminary binding site plan as defined in section 5.07 of the LDC. Additional data may be requested by county staff or county retained arborist.

iii.

Tree preservation and replacement plan meeting the minimum requirements defined in this article.

c.

The criteria the NC-AITC shall consider to approve, approve with conditions or deny the request for waiver are as follows:

i.

The written recommendation of the development review committee including any conditions of approval or reasons for denial.

a)

The criteria the development review committee will use in making a recommendation is as follows:

1)

The proposal is not in contradiction with other established regulations and standards such as the Florida Building Code, National Fire Protection Association's Code, Standards and Manual on Uniform Traffic Control Devices, and International Society of Arboriculture Standards.

2)

The proposal does not pose a public health and/or safety concern.

3)

Consider any finding or report made by the county retained arborist if utilized by the county to review the proposal.

4)

The financial implications on the applicant shall not be considered.

ii.

The county arborist's report and comments.

iii.

The applicant has demonstrated to the NC-AITC that the requested waiver will allow for a design that enhances the tree protection and replacement efforts and addresses tree preservation in a holistic manner, i.e. protection of ground cover and understory, preserving swaths of natural area capable of regenerating naturally.

iv.

The development cannot otherwise be realized through the strict application of the development regulations of Nassau County and, the use of low impact development principles or other techniques result in preservation of larger areas of natural landscapes and tree protection.

v.

Financial implications on the developer, applicant and/or property owner shall not be a determining factor in the issuance of a waiver.

d.

For criteria for specimen tree removal, see section 37.02.E.2.e.

2.

The NC-AITC shall, after receipt of a request for waiver, and review by planning staff and county arborist shall review said waiver in the following manner.

a.

Schedule a hearing within thirty (30) days of receipt of a complete application.

b.

The hearing shall be noticed on the county website and advertised in a newspaper qualifying pursuant to state statute. The advertisement shall run at least seven (7) calendar days prior to the hearing. The applicant shall be responsible for any costs and for providing proof of publication.

c.

The hearing shall be a quasi-judicial hearing and any decision shall be based on competent substantial evidence.

d.

The NC-AITC shall issue a final written decision at the conclusion of the hearing.

e.

The county's quasi-judicial hearing procedures shall be applicable.

f.

Any applicant may appeal a decision of the NC-AITC to the Circuit Court in Nassau County, Florida. Said appeal to be filed no later than thirty (30) days after the date of the written decision.

3.

Administrative waiver.

a.

The planning director, or designee, may issue an administrative waiver for reducing building setbacks and/or increasing building height by up to five (5) percent and alter minimum perimeter landscape buffer requirements, provided the intent of the buffer is maintained, and the alteration results in the preservation of additional protected trees, at minimum to provide tree protection in accordance with section 37.02.Q.1.c.ii.

b.

A request for consideration of a waiver from the planning director, or designee, shall be submitted in writing to the planning department. The waiver request shall include the following.

i.

Narrative describing the request. The narrative shall describe the unique development scenario and provide specific detail as to how the waiver results in a superior development proposal as it relates to a holistic view of tree protection that could not otherwise be achieved without the waiver.

ii.

Site plan of sufficient detail to adequately review and make a professional determination. At a minimum, the site plan shall meet the standards for a preliminary binding site plan as defined in section 5.07 of the LDC. Additional data may be requested by county staff or county commissioned third-party reviewers.

iii.

Tree preservation and replacement plan meeting the minimum requirements defined in this article.

c.

The criteria by which the planning director, or designee, will base their decision to approve, approve with conditions or deny the request for waiver are as follows:

i.

The planning director, or designee, may consult, with the development review committee and seek recommendations including any conditions of approval or reasons for denial. The DRC will use the following criteria in making a recommendation:

a)

The proposal is not in contradiction [with] other established regulations and standards such as the Florida Building Code, National Fire Protection Association's Codes and Standards, Manual on Uniform Traffic Control Devices, and International Society of Arboriculture Standards.

b)

The proposal does not pose a public health and/or safety concern.

c)

Consider any finding or report made by the county retained arborist if utilized by the county to review the proposal.

d)

The financial implications on the applicant shall not be considered.

ii.

The applicant has demonstrated to the planning director, or designee, that the requested waiver will allow for a design that enhances the tree protection and replacement efforts and addresses tree preservation in a holistic manner, i.e. protection of ground cover and understory, preserving swaths of natural area capable of regenerating naturally.

iii.

The development program cannot otherwise be realized through the strict application of the development regulations and, the use of low impact development principles or other techniques result in greater preservation of natural areas and tree protection.

4.

Nassau County reserves the right to request a third-party review by a ISA-certified arborist of any data submitted as part of a request for waiver. The cost of the third-party review will be paid by the applicant.

5.

A fee for the processing of a waiver request shall be set by separate resolution of the board of county commissioners and amended from time to time as appropriate.

R.

Review fee. By separate resolution of the board of county commissioners a fee shall be established for the review of tree protection and replacement plans for new development and restoration plans in the unincorporated areas of Amelia Island. For after-the-fact review of tree protection and replacement and/or restoration plans the review fee shall be four (4) times the amount.

S.

Administration and enforcement.

1.

The planning department shall administer the provisions of these regulations. The code enforcement department shall enforce the provisions of these regulations. A code enforcement officer shall have the authority, pursuant to this section, to provide notice of violation(s) and citations for violations to the property owner and/or contractor, site work company, individual or engineer via hand-delivery and notation of date and time of delivery and/or a certified letter from the code enforcement division. The code enforcement board, based on procedures as set forth in chapter 1, article III [of the county Code Ordinances], as amended, shall hear the case. Suspended permits may be reinstated after tree protection measures are brought into conformance with an approved tree protection and replacement plan and/or restoration plan and any fines and code enforcement penalties (if applicable) are addressed.

2.

When, after an investigation by the code enforcement division and upon determination of the code enforcement officer, a stop work order may be issued. A stop work order on a specific parcel may be issued by the building official or designee, code enforcement officer, county engineer or designee, county arborist, or county manager. As determined necessary by the county manager or designee, a stop work order may be applied to site work, infrastructure installation, vertical construction or any other development/building activity. The stop work order may not be lifted until all fines/review fees (as applicable) have been paid, a restoration plan approved (as applicable) and any required bond (as applicable) has been secured and approved to form by the county attorney.

3.

The property owner and contractor, or person(s) who performed the tree removal, may be held jointly liable.

T.

Penalties. Penalties shall be in accordance with the requirements set forth in chapter 1, article III of [the county Code of Ordinances] and the specific penalties for violation of tree protection measures defined in section 37.02.U of [this article]. Each violation of this article is deemed a separate and distinct offense.

U.

Specific penalties for violation of tree protection measures.

1.

If the code enforcement board has determined the removal or abuse, as defined in this article, of a protected tree(s) has taken place in violation of this ordinance a restoration plan shall be prepared by an ISA-certified arborist and submitted to the code enforcement board for review within thirty (30) days of the code enforcement board finding that a violation has occurred. The consideration of the plan will be pursuant to a public hearing before the code enforcement board. The alleged violator, upon receipt of a code enforcement citation, prior to a finding of a violation by the code enforcement board, may submit a restoration (mitigation plan) to the planning department for review based on the requirements set forth herein. At a minimum, the owner and/or developer shall replace, inch-for-inch one (1) caliper inch for every inch of DBH removed, any and all trees that are removed without authorization. The restoration plan shall include all the requirements of a tree protection and replacement plan, including an irrigation plan and maintenance plan. The restoration plan shall also include a schedule for implementation.

2.

The planning department shall review the plan, with the assistance of a county designated ISA-certified arborist and provide comments to the code enforcement board. The comments are to be submitted prior to the code enforcement board public hearing and copies provided to the violator.

3.

No preservation credits shall be applicable to offset the unauthorized removal of trees.

4.

The determination of inches (DBH) removed shall be based on measuring the diameter of the remaining stump. If the remaining portion of the stump is less than four and one-half (4½) feet tall the measurement shall be based on the diameter of the remaining portion of the stump.

5.

In the event that an insufficient trunk of the removed tree exists to determine replacement requirements, these facts shall be determined by a county designated ISA-certified arborist based upon any available information, including photographs, aerial imagery or a survey of trees of the same species existing in the general vicinity of the removed tree or trees found in the same natural community.

6.

In evaluating a proposed restoration plan, the code enforcement board may consider the following:

a.

The cross-sectional area of trunk(s) removed;

b.

The specific aesthetic character of the tree removed;

c.

Any special function the tree carried out as a screen or buffer;

d.

Amount of other trees preserved on the site, and the opportunities for planting additional trees;

e.

The ability to plant trees or restore natural areas on other property; and

f.

Any short-term or long-term negative environmental impacts from the unauthorized tree removal, including, but not limited to, erosion, siltation, impacts on listed plant and/or animal species, water circulation patterns, water quality standards, and floodplain capacity or conveyance (including, but not limited to, swales or overland sheet flow, where pertinent).

7.

Prior to review by the code enforcement board, a county-retained ISA-certified arborist shall review the restoration (mitigation) plan and provide a report and recommendation for consideration. The owner, developer and/or contractor shall be responsible for the cost of the county retained ISA-arborist, including the cost to appear at a hearing or continuation of a hearing. Said cost shall be paid prior to issuance of a permit.

8.

Bond: The code enforcement board may require a bond be acquired to insure the performance and completion of a restoration plan, and/or the maintenance and survival of the implemented restoration plan. If a bond is required, the bond amount shall be the cost to fully implement the approved restoration plan plus a twenty-five (25) percent contingency. The cost estimate shall be provided on a form created by the county attorney and shall require supporting documentation.

9.

Withholding approvals: No further county permits, site plan approvals or the functional equivalent for the subject property or parcel shall be issued or inspections provided until all violations of this article are corrected or a restoration plan has been approved by the code enforcement board. No certificate of occupancy shall be granted unless and until the restoration plan is implemented or a performance bond satisfactory to the county and its attorney is submitted and approved by the county.

10.

The removal of a healthy specimen tree not meeting the criteria defined in subsection E.2, the removal of a healthy specimen tree without a permit, or the damage of a healthy specimen tree which kills or will more likely than not cause the tree to die shall warrant the assessment of a penalty of up to fifteen thousand dollars ($15,000.00), as determined appropriate by the code enforcement board, pursuant to sections 37.02.T and U of this article, in addition to meeting the restoration requirements defined herein.

V.

Conflict. In the event that any section of these regulations is found to be in conflict with any other county code, ordinances or regulation, the more restrictive shall apply.

W.

Severability. It is the intent of the board of county commissioners, and is hereby provided, that if any section, subsection, sentence, clause, phrase, or provision of this section is held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this section.

(Ord. No. 2008-01, § 3, 1-31-08; Ord. No. 2010-08, § 10, 7-26-10; Ord. No. 2013-06, § 2, 4-22-13; Ord. No. 2021-012, § 2, 8-9-21)

Editor's note— Ord. No. 2021-012, § 2, adopted Aug. 9, 2021, changed the title of § 37.02 from "Native canopy tree protection" to read as herein set out.

A.

A minimum undisturbed natural vegetative upland buffer of twenty-five (25) feet shall be required and maintained between developed areas and contiguous (i.e., non-isolated) wetlands to protect the water quality of the wetlands. The twenty-five (25) feet shall be measured from the St. Johns River Water Management District or Florida Department of Environmental Protection wetland jurisdictional line. It is the objective of this requirement that a minimum twenty-five (25) foot upland buffer be established in all areas except for those circumstances where an averaging of the buffer width, because of an unavoidable buffer reduction, achieves a greater overall upland buffer width. In no instance shall the upland buffer be less than fifteen (15) feet, except for those areas adjacent to unavoidable wetland impacts such as road crossings.

1.

The buffering requirements stipulated above shall only apply to projects for which a permit is not required by the St. Johns River Water Management District (SJRWMD). Projects which do require such permitting shall reflect the buffers approved by SJRWMD upon submittal of development plans for county approval.

B.

In all cases, the applicable buffer shall be depicted on all site plans, development plans, plats and other documents submitted to authorize the review for development. A table demonstrating the provision of wetland buffers shall be included on all development plans. The format for such table shall be as follows:

C.

All development plans shall include a note stating the following "Upland buffers shall be maintained in their natural vegetated condition. Native vegetation removed or destroyed within the upland buffer in violation of Nassau County Comprehensive Plan Policy 1.04A.02 shall be restored. These areas shall be replanted with comparable native vegetative species as were removed or destroyed. Noxious and non-native invasive plant materials can be removed. Dead vegetation can be removed. Limbing can occur within the buffers, provided that the limbs to be removed are less than three (3) inches in diameter." Where the upland buffer is, or will be, subject to a conservation easement, the plat will identify such conservation easement and indicate it has that meaning prescribed by § 704.06, F.S.

D.

One unpaved walkway or elevated catwalk of no more than five (5) feet in width may be provided through the upland buffer for each lot.

E.

Upland buffers may be included within a development lot, tract or parcel. For lots created after the effective date of this ordinance, the wetland buffer shall not count toward the minimum setback requirement of the zoning district in which it is located. For lots having an area of less than eight thousand seven hundred (8,700) square feet, the wetland buffer is not creditable toward the minimum lot area or setback.

F.

Bona fide agriculture and silviculture operations consistent with and using State of Florida prescribed "Best Management Practices" in the conduct of their operations shall be exempt from these buffer regulations.

G.

No development shall be permitted to deviate from these wetland buffer requirements except as authorized by the appropriate county, regional, state and/or federal agency and/or as authorized by law. Nassau County shall permit deviation from these standards only in those instances where the applicable regional, state, or federal agency or applicable law has authorized the proposed deviation. In any case where a deviation is granted, it shall be the minimum necessary to permit reasonable use or access.

Note: It is the developer's responsibility to inform any prospective buyer that the required buffer of native vegetation is not to be disturbed or removed at any time by the property owner as this will be a violation of the adopted Nassau County Comprehensive Plan.

(Ord. No. 2008-01, § 3, 1-31-08)

The beach dune is characterized by the wind-deposited foredune and wave-deposited upper beach. Vegetative indicators include sea oats and dune sunflower. This area serves the primary nesting habitat for numerous shorebirds and marine turtles. The coastal strand is characterized by wind-deposited dunes vegetated with a dense thicket of salt-tolerant shrubs, especially saw palmetto, sand live oak, cabbage palm and Spanish bayonet. The coastal strand lies seaward of the maritime hammock. The beach dune together with the coastal strand are referred to as the coastal conservation area for the purpose of this section. All development within the coastal conservation area shall comply with the regulations of F.S. ch. 161 and FDEP regulations regarding construction within the Coastal Construction Control Line. Development proposals within the coastal strand will also comply with applicable procedures and standards of the Florida Fish and Wildlife Conservation Commission (FWCC). Development approvals issued by Nassau County within the coastal conservation area will:

A.

Occur after the issuance of all necessary state and federal permits; or

B.

Be conditioned upon the receipt of all necessary state and federal permits prior to the start of construction; and

C.

Not restrict public beach access points such as easements, rights-of-way and legal vehicle parking spaces.

D.

Development review will address design and location in order to best protect the beach and dune system, native salt resistant vegetation and threatened and endangered species.

(Ord. No. 2008-01, § 3, 1-31-08)

A.

Applicability.

1.

The standards established in this section are to be considered the minimum requirements for the design, plant selection, installation and maintenance of landscape elements and site improvements and shall apply to all new development.

2.

Developments constructed under previously effective landscaping requirements are not required to comply with this section. However, the requirements of this section shall also apply to the redevelopment, reconfiguration, expansion or change of use of a previously developed site, unless such change falls below the following threshold:

a.

The existing developed impervious area is seven thousand five hundred (7,500) square feet or less, and the proposed expansion of impervious surface is seven hundred fifty (750) square feet or less.

b.

The existing developed impervious area is greater than seven thousand five hundred (7,500) square feet, and the proposed expansion of impervious surface is less than two thousand (2,000) square feet, and also less than ten (10) percent of the existing impervious area on the parcel or lot.

3.

Partial exemption. Developments that have received site plan approval or construction plan approval prior to the effective date of this ordinance are subject only to the minimum tree planting by use, section 37.05(C) LDC.

B.

Plant material. All installed trees, shrubs and groundcovers shall conform to the standards for Florida Grade #1 or better according to the current edition of "Grades and Standards for Nursery plants" published by the Florida Department of Agriculture and Consumer Services, Division of Plant Industry. Synthetic or artificial trees, shrubs, groundcovers or vines are not acceptable substitutes. In choosing plant materials, consideration should be given to the amount of sun or shade, the wetness or dryness of the soil, the effects of salt spray (where applicable), the amount of irrigation required and the mature size and spatial needs of plants chosen.

1.

The minimum number of trees required by this section shall be either qualifying existing trees preserved on-site or more than one species listed in Tables 37-1 or 37-2. Trees planted in addition to these minimum requirements of this section may be any species of canopy tree or palm except for the prohibited species listed herein. In order to prevent a monoculture, new landscaping should not include more than fifty (50) percent of any one genus or twenty-five (25) percent of any one species. All trees shall be planted in a minimum dimension of ten (10) feet. This minimum planting area must be free of all pavement and vehicle overhang in order to prevent possible tree damage. All trees shall have a minimum trunk diameter, measured six (6) inches above ground level, in accordance with Table 37-3.

2.

Shrubs shall have a minimum height of eighteen (18) inches when planted. When planted as a hedge, the maximum spacing is thirty (30) inches on center. All shrubs used for visual screening shall be of a plant species that is capable of reaching a height of four (4) feet within twenty-four (24) months under normal growing conditions. Shrubs used as accent ground cover and vines may vary in size depending on the type of plant material and the desired effect.

3.

Groundcovers shall be planted in such manner as to present a finished appearance and complete coverage within one (1) year after planting.

All trees planted shall be staked or guyed for a period of at least six (6) months in accordance with the following planting detail:

Planting Detail

C.

Minimum tree planting requirements by use.

1.

One- and two-family dwellings. Each single-family and two-family lot must provide at least one (1) tree per three thousand (3,000) square feet of lot area for the first quarter acre of lot area. For lots exceeding one-quarter (¼) acre, one (1) tree for every additional one-quarter (¼) acre, or major fraction thereof, must be preserved or planted. Existing canopy trees, sabal palms and pine trees may be used to satisfy this requirement, in whole or in part, provided that they have a minimum caliper of four (4) inches DBH. When trees are planted to meet the minimum requirement they must be more than one species of tree listed in Tables 37-1 or 37-2 and meeting the material standards of this section. The foregoing represent the entire requirement applicable to individual one- and two-family dwellings.

2.

Multi-family, mobile home park and travel trailer parks. In addition to the use buffer and perimeter landscaping adjacent to a right-of-way requirements found in this section, each multi-family, mobile home park and travel trailer park must plant or preserve an additional one (1) tree for every two (2) dwelling units. When trees are planted to meet the minimum requirement they must be more than one (1) species of tree listed in Tables 37-1 or 37-2 and meeting the material standards of this section.

3.

Non-residential developments. In addition to the buffer and perimeter landscaping adjacent to a right-of-way requirements found in this section, each commercial and/or industrial development must provide a minimum of ten (10) percent of the lot or parcel as pervious green space planted with one (1) or more species of tree listed in Tables 37-1 or 37-2 for every five hundred (500) square feet of such green space.

D.

Perimeter landscaping adjacent to rights-of-way and streets: Except for individual one- and two-family dwellings, all developments located along a public or private right-of-way or street shall be required to provide the following perimeter landscaping. Perimeter landscaping adjacent to rights-of-way/streets and required screening of vehicle use areas as considered in this section and those uncomplimentary use buffers defined in section 37.06 LDC are required to be designed, through material selection and arrangement, in such a manner as to create depth in the planting area and increase visual interest through staggered heights. The illustrations provided in this article are for explanatory purposes. Natural areas which contain significant growth that serve the functional purpose of providing depth and variations in height may supplement new plantings in part or whole depending upon the quality of natural vegetation. The use of a wall or fence is permitted provided the wall or fence is located on the inner most boundary (behind the vegetation as viewed from outside the development) of the perimeter landscaping adjacent to rights-of-way/streets, required uncomplimentary land use buffer or other landscaped area.

1.

A1A/S.R. 200, U.S. Highway 1 and U.S. 301. A strip of pervious land adjacent and parallel to the right-of-way line having an average width of twenty-five (25) feet and a minimum width of ten (10) feet along the entire street frontage except for permitted driveways. This perimeter landscaping strip shall contain a minimum of three (3) canopy trees per one hundred (100) linear feet of property frontage and three (3) understory trees per one hundred (100) linear feet of property frontage. The canopy trees shall consist of more than one (1) species listed in Tables 37-1 or 37-2 and meeting the material standards of this section. Planted trees are not meant to be spaced evenly but rather randomly distributed by species.

If the required perimeter landscape is left undisturbed (except for authorized driveways and utilities), credit shall also be given for the preservation of pine and palm trees having a minimum eight-inch dbh. Undisturbed shall mean there is no grade change or other disturbance within ten (10) feet of a pine and five (5) feet of a palm. Understory clearing shall be by hand tools only. The area between preserved and planted trees can be supplemented with native or naturalized shrubs to provide required screening adjacent to parking areas.

2.

Other arterial and collector roadways. All other arterial and collector roadways, as identified by the comprehensive plan, shall provide a strip of pervious land adjacent and parallel to the right-of-way line having an average width of fifteen (15) feet and a minimum width of seven and one-half (7½) feet along the entire street frontage except for permitted driveways. This perimeter landscaping strip shall contain a minimum of three (3) canopy trees per one hundred (100) linear feet of property frontage and three (3) understory trees per one hundred (100) linear feet of property frontage. The canopy trees shall consist of more than one species listed in Tables 37-1 or 37-2 and meeting the material standards of this section. Planted trees are not meant to be spaced evenly but rather randomly distributed by species within the largest open spaces.

3.

Local streets. A strip of pervious land adjacent and parallel to the street line having a minimum width of ten (10) feet along the entire street frontage except for permitted driveways. This perimeter landscaping strip shall contain a minimum of two (2) canopy trees per one hundred (100) linear feet of property frontage and three (3) understory trees per one hundred (100) linear feet of property frontage. The canopy trees shall consist of more than one species listed in Tables 37-1 or 37-2 and meeting the material standards of this section.

4.

Sidewalks. Sidewalks or multi-use trail may be incorporated within a perimeter landscaping strip if the average width is increased by the width of the sidewalk or trail above the minimum required width and if the sidewalk meanders around existing trees or is incorporated into the landscape design.

5.

Required screening. Except for one- and two-family dwellings, all off-street parking areas, drive aisles, and paved storage areas lying within fifty (50) feet of, and visible from any street right-of-way, the perimeter landscaping requirement of this section shall also include shrubs planted as a hedge meeting the requirements of section 37.05.B.2 LDC.

6.

Dumpsters and mechanical equipment (as permitted by the underlying zoning designation, mechanical equipment may include, but is not limited to, transformer pads, HVAC units, propane tanks, generators, or similar) shall be screened through the use of a wall, which is one hundred (100) percent opaque in conjunction with landscaping. Minimum landscaping shall include one (1) shrub every two (2) feet. The shrub shall be maintained at a minimum of four (4) feet in height. One (1) canopy tree or understory tree per ten (10) linear feet of wall or fence unless said fence or wall is less than eight (8) feet in length. They shall be located at the side or rear of the building and screened from all rights-of-way, or placed on a flat roof, screened by a parapet or similar architectural feature to shield it from the public view. Where a transformer pad is located along a public right-of-way, it shall be screened using a hedge meeting the standards of section 37.05.B.2 of this Code along the sides visible from the right-of-way.

7.

Use of understory trees (ref. Table 37-4 LDC) are permitted in lieu of native canopy trees listed in Table 37-1 and 37-2 as determined to be practical by the director of planning and economic opportunity or designee because of overhead utility lines or other overhead restrictions that cannot otherwise be mitigated through design modifications. Financial impacts related to design modifications necessary to avoid utilities will not be considered. Understory trees may be permitted at a rate of one (1) tree for every fifteen (15) feet of site/lot frontage along the right-of-way or street. Preserved or retained trees on-site located within the perimeter landscape strip defined in section 37.05.D LDC shall count towards satisfying this requirement provided the trees are healthy, as determined by an ISA certified arborist, are listed in Tables 37-1, 37-2 or 37-4, and do not interfere with existing or planned utilities. At the time of planting, Crape Myrtles shall be a minimum of eight (8) feet in height and measure three (3) caliper inches if a single trunk or an aggregate of six (6) inches if a multi-trunk.

8.

Perimeter landscape strips required by this section shall not be encumbered by a utility easement, unless (i) the utilities are located underground; (ii) will not prevent trees from reaching maturity; and, (iii) approval for tree planting is granted by the utility provider in writing, on utility provider letterhead, to Nassau County. The perimeter landscape strip required by this section shall not include any portion of a stormwater management facility, borrow-pit, fishing pond or similar excavation.

9.

Except as otherwise stated below, the perimeter landscape strip adjacent to a street or ROW shall be in a separate tract of land under the control of the home owners association, property owners association, special district, or equivalent, and not included within a lot/building site. The following exceptions shall apply:

a.

There is hereby established an exception to this section for those one- and two-family lots/building sites accessed from an existing public street or ROW and (i) have no other street or ROW frontage, (ii) have no other means of vehicular access, and (iii) the front of the home will face towards the existing public street or ROW. In these situations, the area between the street or ROW and the one- or two-family home shall be defined as the Enhanced Landscape Area (ELA). Within the ELA, at the time of home construction, the owner shall cause to be planted no less than the minimum number of trees required pursuant to section 37.05.D [of the] LDC and, where applicable, section 37.06 [of the] LDC prior to the certificate of occupancy being issued. The owner shall be responsible for maintenance.

b.

The perimeter landscape strip adjacent to a street or ROW is not required along private streets within a one- or two-family development. Nothing herein prevents an owner or developer from establishing a perimeter landscape strip if desired.

10.

For double frontage lots, there shall be established a perimeter landscape strip adjacent to the street or ROW between the rear of the Lot and a street or ROW. The landscape strip shall be in a separate tract of land under the control of the home owners association, property owners association, special district, or equivalent, and not included within a lot/building site. In addition to the minimum tree planting requirements of this ordinance, the required perimeter landscape strip shall include a one hundred (100) percent opaque fence or berm a minimum of six (6) feet tall. The installation of a wall or fence shall be located on the inner most boundary (behind the vegetation as viewed from outside the development) of the perimeter landscape strip adjacent to a ROW or street, required uncomplimentary land use buffer, or other landscaped area. The perimeter landscape strip shall include a ground layer, mid-ground layer and understory layer in addition to the canopy layer as depicted in the below diagrams. It is the intent of the county to establish both vertical and horizontal depth within the perimeter landscape strip.

11.

Back flow preventer(s) and lift stations shall generally be to the side or rear of a building. Where they cannot be placed at the side or rear of a building, it shall be screened from public rights-of-way through the use of shrubs planted as a hedge meeting the standards of section 37.05.B.2 of this Code. Driveways to these facilities are allowed through the landscape buffer.

E.

Intersection sight distance clearance:

1.

At the intersection of two (2) streets, all landscaping within that area defined by the Florida Department of Transportation sight triangle, as outlined in the FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System shall be installed and maintained below three (3) feet in height or above eight (8) feet in height.

2.

When a driveway intersects a right-of-way, clear unobstructed cross visibility shall be provided within the site triangle formed by such intersection. The sight triangle shall be measured from the point of intersection, fifteen (15) feet along the access way and then fifteen (15) feet along the right-of-way, with the third side being a line connecting the two (2) points. Cross visibility within the sight triangle shall be unobstructed between the height of three (3) feet and eight (8) feet measured from the ground line. Trees and palms shall have their limbs and foliage trimmed in a manner that no limbs or foliage will extend in to the cross visibility area. To ensure proper visibility at the intersection of access ways with public right-of-ways, excluding properly trimmed trees as previously stated; only ground cover type plants shall be allowed within the sight triangle.

F.

Interior landscaping regulations:

1.

Except for one- and two-family dwellings, all off-street parking areas shall contain interior landscaping islands at a ratio of one (1) island for each ten (10) parking spaces. Rows of parking spaces abutting a sidewalk adjacent to a building are exempt from required landscape islands except for terminal islands at the end of each row. Such landscaped areas are creditable to the minimum landscape requirements for multi-family, mobile home park, travel trailer park and non-residential developments.

2.

Each separate interior landscaped island shall contain a minimum of one hundred sixty-six (166) square feet and shall be at least ten (10) feet wide as measured from back of curb. A minimum of one (1) canopy tree shall be planted in each interior landscaping island with the remaining area adequately planted with shrubs, ground cover, or other approved landscaping materials.

3.

All interior landscaping shall be protected from vehicle encroachment by curbing or wheel stops.

4.

Interior landscaping shall be located in a manner, which will divide or interrupt the broad expanse of paving. Landscaped areas shall subdivide rows of parking spaces into a maximum of ten (10) consecutive spaces. Each group of ten (10) shall have terminal islands at each end. This maximum may be adjusted to provide for the preservation of existing canopy trees.

G.

Landscaping site plan regulations:

1.

For all projects subject to this section of the Code, landscaping site plans shall be submitted with the preliminary binding site plan (PBSP), when a PBSP is not required, it shall be submitted with the site engineering plans. The landscaping site plan shall contain the following information in graphic and tabular form:

a.

Impervious lands (for the purpose of this Code, impervious lands include, but may not be limited to, total area of all structures, all pavement areas, stormwater retention facilities measured at the normal high-water level, and wetlands).

b.

Pervious strips adjacent to rights-of-way (reference section 37.05.D).

c.

Uncomplimentary land use buffers (reference section 37.06 LDC).

d.

Interior landscaping areas (reference section 37.05.F LDC).

e.

A planting schedule demonstrating consistency with this Code shall be included for all landscape plans.

Example site plan (not to scale) provided for a commercial development:

H.

Xeriscape. Xeriscaping (waterwise) is landscaping that conserves water and protects the environment and is adaptable to local conditions and which are drought tolerant. Xeriscape techniques maximize the conservation of water use with site appropriate plants, an efficient watering system, proper planning and design, soil analysis, practical use of turf, the use of mulches (which may include the use of solid waste compost) and proper maintenance. The following water efficient principles should be applied to the landscape plan:

1.

All plantings shall be grouped in zones according to water requirements and shall be irrigated in zones separating high water use areas from drought tolerant zones. The zones are as follows:

a.

High water use zone: A zone containing plants which are associated with moist soils and require supplemental water in addition to natural rainfall to survive. This zone includes most turf grasses.

b.

Moderate water use zone: A zone containing plants which survive on natural rainfall with supplemental water during seasonal dry periods.

c.

Low water use zone: A zone containing plants which survive on natural rainfall without supplemental water.

2.

Fifty (50) percent of the plants used in all vehicular use area landscape designs should be drought tolerant and located in groupings according to zones designated by the water requirements.

3.

Turf grass areas should be consolidated and limited to those areas on the site that receive pedestrian traffic, provide for recreational uses, provide soil erosion control such as berms, slopes and swales, where turf grass is used as a design unifier or other similar practical use.

4.

All planting areas shall be mulched with approximately three (3) inches of organic mulch, such as pine bark or shredded hardwood chips.

I.

Firewise. Landscape within the wildlife/urban interface are subject to wildfire hazard and should incorporate Firewise landscaping techniques. Such techniques include:

1.

Creating a defensible space zone around buildings. Such zones shall provide space for fire suppression equipment in the event of an emergency and progressively limit plantings near structures to carefully spaced fire resistant species.

2.

Placing low growing species and groundcovers beneath canopy trees and rooflines to avoid creating a continuous fuel source from ground to tree or roof.

3.

Utilizing driveways, lawn areas and walkways to provide firebreaks between large areas of dense vegetation.

4.

Selective thinning of fire prone plant species in existing vegetation areas to reduce fuel loads. A list of fire prone species is available from the Division of Forestry.

J.

Prohibited trees. Any species identified on the most recent Florida Exotic Pest Plant Council Invasive Plant list (Category I or II) is expressly forbidden from being planted or used as required or supplemental landscaping material. Invasive non-native vegetation in general is a public nuisance that degrades landscaped and natural areas.

K.

Maintenance. The property owner is responsible for the maintenance of all landscape areas required by this section. Maintenance includes irrigating, mowing, trimming, fertilizing and carrying out those activities necessary to keep the plant material in a healthy and growing condition, maintain visual clearance and allow passage of vehicles and pedestrians on public roads and non-exclusive easements.

1.

Upon determination by the county that a required tree or plant is dead or severely damaged or diseased, the tree or plant shall be replaced by the owner with plant material meeting the requirements of this section.

2.

All buffer areas required as part of a development plan, whether in common or private ownership, shall be the responsibility of that development's property owners' association. Where there is no property owners' association, such landscaped areas shall be the responsibility of the property owner.

3.

Trees on developed properties may be pruned to maintain shape and promote their shade-giving qualities. They should be pruned to remove diseased or dying portions in areas where falling limbs could be a hazard to people or property. Lower limbs may be removed to provide clearance. In addition, trees located in association with vehicular use areas shall also be pruned to allow a seven-foot clearance from ground level to avoid potential for damage or injury to pedestrians and cleared to thirteen (13) above pavement level for vehicles. However, the excessive pruning or pollarding of trees into round balls of crown or branches resulting in an unnecessary reduction of shade is prohibited and may require supplemental plantings. All pruning shall be done following the American National Standard for Tree Care Operations "Tree, Shrub and Other Woody Plant Maintenance - Standard Practices."

(Ord. No. 2008-01, § 3, 1-31-08; Ord. No. 2013-06, § 2, 4-22-13; Ord. No. 2018-36, § 2, 10-17-18; Ord. No. 2020-09, § 2(Exh. C), 2-10-20; Ord. No. 2022-012, § 2, 6-13-22)

Landscaped buffers shall be provided in accordance with this section where certain uses directly about one another. For the purpose of this section, directly abutting means a shared property line or non-contiguous properties separated by a private roadway or waterway located within a right-of-way or easement less than sixty (60) feet in width.

1.

General provisions.

a.

Landscaped buffers shall be located along the property line of the property to be developed extending inward.

b.

The minimum required landscaped buffer within a residential development may be included within an individual building lot but must be supplemental to the minimum setback and area requirements of the district in which it is located. Non-residential sites may incorporate the buffer within lots and count it toward setback and open space requirements.

c.

Except for a pedestrian crossing, no parking, paving or structures are permitted within the required landscape buffer. This limitation does not extend to underground utilities, hydrants and valve assemblies, pedestal boxes and incidental ground signs that do not interfere with required plant material.

d.

Landscape buffers may include portions of the stormwater management system only upon a demonstration by the applicant that the character and intent of the buffer is not compromised. As a maximum, not more than twenty (20) percent of the buffer will be available for dry retention/detention. Where a pre-existing wetland is incorporated within the buffer this limitation may be waived.

2.

Minimum landscape buffer types required on abutting property boundaries between uses are shown in Table 37-5 below. When both properties are developed in accordance with this section, the required buffers are additive. By way of illustration, the entire buffer between a single-family subdivision and an office park will be a minimum of twenty (20) feet, with ten (10) feet on each side of the common property line. If an adjacent property is vacant, its use shall be based upon it Future Land Use Map designation. If the Future Land Use Map and existing use of the property are inconsistent, the buffer requirement will be based upon whichever use results in a more intensive buffer.

3.

Minimum buffer width and planting specifications for required buffer types are indicated in the following table.

4.

Buffer landscaping and screening:

a.

Medium and fast growing canopy trees shall be chosen from Table 37-1 having a dense, evergreen crown to provide maximum visual separation between abutting properties.

b.

Shrubs shall be spaced to provide a natural appearance and inhibit free movement of pedestrian traffic except at a mutually agreed upon pedestrian connection. Where screening is proposed consisting of a fence or wall, shrubs are not required.

c.

Where screening is required, it shall consist of one (1) or more of the following materials:

(1)

A five (5) foot masonry wall stuccoed on the side facing the abutting property.

(2)

A solid six (6) foot fence constructed of resistant materials such as vinyl, cypress or pressure treated wood.

(3)

Existing dense vegetation.

(4)

A berm three (3) feet in height located entirely within the buffer and having the requisite number of shrubs planted along the crown.

(Ord. No. 2008-01, § 3, 1-31-08; Ord. No. 2020-09, § 2(Exh. C), 2-10-20)

A.

Purpose and definitions. The purpose of this section is to protect the threatened and endangered sea turtles which nest along the south beaches of Nassau County, Florida, by safeguarding the hatchlings from sources of artificial light. For the purpose of this article, the following terms shall have the meaning set forth in this section:

Artificial light: Any source of light emanating from a man-made device, including, but not limited to, incandescent mercury vapor, metal halide or sodium lamps, spotlights, street lights or security lights. This shall not include vehicular lights or flashlights.

Beach: That area of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form or to the line of permanent vegetation (usually the effective limit of storm waves) or revetment as is defined in chapter 1633-33, Florida Administrative Code.

Coastal construction control line (CCCL): The Nassau County Coastal Construction Control Line as depicted on the State of Florida Department of Natural Resources, Division of Beaches and Shores Maps.

Floodlight: Reflector type light fixture which is attached directly to a building and which is unshielded.

Ground level barrier: Any natural or artificial structure rising above the ground which prevents beachfront lighting from shining directly onto the beach dune system.

Lot profile luminaire: A light fixture set on a base which raises the source of the light no higher than forty-eight (48) inches off the ground, and designed in such a way that light is directed downward from a hooded light source.

New development: Shall include new construction and remodeling of existing structures when such remodeling includes alteration of exterior lighting.

Person: Any individual, firm, associate, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit or federal, state, county or municipal government.

Pole lighting: Light fixture set on a base or pole which raises the source of the light higher than forty-eight (48) inches off the ground.

Shading coefficient: A coefficient expressing that percentage of the incident radiation which passes through the window as heat.

Solar screen: Screens which are fixed installations and permanently project shade over the entire glass area of the window. The screens must be installed outside of the glass and must:

1.

Have a shading coefficient of 0.45 or less;

2.

Carry a minimum five-year warranty; and

3.

Must have performance claims supported by approved testing procedures and documentation.

Tinted or filmed glass: Window glass which has been covered with window tint or film such that the material has:

1.

A shading coefficient of 0.45 or less;

2.

A minimum five-year warranty;

3.

Adhesive as an integral part; and

4.

Performance claims which are supported by approved testing procedures and documentation.

B.

Regulations governing beachfront lighting in new development. It is the policy of the board of county commissioners that no artificial light illuminate any area of the unincorporated beaches of Nassau County, Florida. To meet this intent, building and electrical plans for construction of single-family or multi-family dwellings, commercial or other structures including electrical plans associated with parking lots, dune walkovers or other outdoor lighting for real property if lighting associated with such construction or development can be seen from the beach, shall be in compliance with the following:

(1)

Floodlight shall be prohibited. Wall mounted light fixtures shall be fitted with hoods so that no light illuminates the beach.

(2)

Pole lighting shall be shielded in such a way that light will be contained within an arc of three (3) to seventy-three (73) degrees on the seaward side of the pole. Outdoor lighting shall be held to the minimum necessary for security and convenience.

(3)

Low profile luminaries shall be used in parking lots and such lighting shall be positioned so that no light illuminates the beach.

(4)

Dune crosswalks shall utilize low profile shielded luminaries.

(5)

Lights on balconies shall be fitted with hoods so that lights will not illuminate the beach.

(6)

To prevent interior lights from illuminating the beach, window treatment shall be required on all windows of single or multi-story structures, if those windows are within the line of sight of the beach and where no ground level barriers exist. Blackout draperies or shade screens are preferred. Alternatively, window tint may be applied to beach front windows. The turning out of all unnecessary interior lights during the nesting season is encouraged.

(7)

Temporary security lights at construction sites shall not be mounted more than fifteen (15) feet above the ground. Illumination from the lights shall not spread beyond the boundary of the property being developed, and in no case shall those lights illuminate the beach.

C.

Existing development. It is the policy of the Nassau County Board of County Commissioners that no artificial light illuminate any area of the unincorporated beaches of Nassau County, Florida. To meet this intent, lighting of existing structures which can be seen from the beach shall be in compliance with the following minimum standards:

1.

Lights illuminating building or associated ground for decorative or recreational purposes shall be shielded or screened such that they are not visible from the beach, during the period of May 1 to October 31 of each year.

2.

Beach access points, dunes crossovers, beach walkovers, piers or any other structure on or seaward of the primary dune designed for pedestrian traffic shall use the minimum amount of light necessary to ensure safety.

3.

Pedestrian lighting shall be of low intensity and recessed or shielded so that the source of light is not directly visible from the beach.

4.

a.

Security lighting shall be permitted throughout the night so long as low profile luminaries or effective alternatives are used and screened in such a way that those lights do not illuminate the beach.

b.

Fixtures for security purposes that contain high intensity lights shall be designed and/or positioned such that they do not cause direct illumination of areas seaward of the primary dune and the source of light is not directly visible from the beach.

5.

Tinted or filmed glass shall be used in windows facing the ocean above the first floor of multi-story structures where no natural barriers exist in order that no light illuminate the beach. Shade screens or blanket draperies can be substituted for this requirement.

6.

Existing artificial light sources shall be repositioned, modified or replaced with alternatives so that the source of light is not directly visible from the beach and/or does not directly illuminate areas seaward of the primary dune. Techniques and/or materials used shall be consistent with standards set forth in Chapter 62B-55, F.A.C., Model Lighting Ordinance for Marine Turtle Protection, available for review at growth management department office.

D.

Publicly-owned lighting. Street lights and lighting at parks and other publicly-owned access areas shall be subject to the following:

1.

Whenever possible, street lights shall be located so that the bulk of their illumination will travel away from the beach. The light shall be equipped with shades or shields that will prevent backlighting and render them not visible from the beach.

2.

Lights at parks or other public beach access points shall be shielded or shaded or shall not be utilized during the period of May 1 to October 31 of each year.

E.

Enforcement and penalty. It is unlawful for any person to violate this article. A violation of any section of this article shall subject the violator to a penalty, upon conviction, of up to five hundred dollars ($500.00). The board may further bring suit to restrain, enjoin or otherwise prevent the violation of any section of this article and shall be entitled to reasonable attorney's fees when it prevails in the suit.

(Ord. No. 2008-01, § 3, 1-31-08)

A.

Designation. The board of county commissioners may designate roads or portion of said roads as scenic/canopy roads, by ordinance, based upon criteria set forth herein. The growth management department may recommend, based upon the criteria, that roads or portion of said roads be considered, or a petition of the lesser of either of fifty-one (51) percent or two hundred (200) of the property owners abutting the road may request that a road be considered. Said petition shall be submitted to the growth management department for review and comment, and a report made to the board of county commissioners. The criteria shall include: (i) historic significance; (ii) scenic criteria (including tree canopy); (iii) ecological significance; (iv) length and current width; (v) land use map designation; (vi) zoning of the property within the area; (vii) traffic information.

The planning director, or his/her designee, shall insure that the trees are identified and recorded on the proposed roadway and zone, and present the information to the board of county commissioners for its approval. The identification and recordation shall be in a form that can be attached to an ordinance.

The board of county commissioners shall designate said road by adoption of an ordinance. Said ordinance shall reference the exact method by which the trees were identified and recorded. Said information may be attached to the ordinance, when possible, or stored by the growth management department. Any ordinance proposing to designate a roadway shall be considered by the planning and zoning board after mailed, published and posted public notice. The planning and zoning board shall conduct a public hearing and make recommendations to the board of county commissioners. The board of county commissioners shall consider the recommendations pursuant to the procedural requirements of this Land Development Code. Mailed notice shall be provided at least twenty (20) days prior to the public hearing.

B.

Restrictions on scenic/canopy roads.

1.

The county shall not widen or increase the number of lanes on any of the county roads designated as scenic/canopy roads.

2.

Outdoor advertising signs shall be prohibited, except signs advertising residential developments or homes for sale or parcels of property immediately adjacent to the road or subdivision and entryway signs constructed in accordance with the county sign ordinance. On-premises commercial signs, excluding billboards, shall be allowed.

3.

The erection of markers or signage indicating that the road is a scenic/canopy road or historic road shall only be accomplished at the direction of the growth management coordinator or his/her designee with the consent of the board of county commissioners.

4.

Setting and posting of speed limits and warning of restricted roadway shoulders.

5.

Setting of classes of vehicular travel, including weight and height limitations.

6.

Limiting access and width of access.

7.

Tree protection. No trees, except as identified in Florida's Most Invasive Species List, Category I, which have attained a diameter of eight (8) inches or more at a point four and one-half (4½) feet above average ground level within the zone shall be removed, except as provided herein, and trees shall be identified as set forth herein.

C.

Scenic/canopy road zone. The zone should be established by the board of county commissioners. The zone shall include the right-of-way as established by the growth management department and may include additional area of uniform width along the roadway based upon the zoning classification, including setback requirements, trees as depicted on the survey, and location of existing structures. The zone shall be set forth in the proposed ordinance and included on the notification sent pursuant to section 25-61(c). No development shall occur within the approved zone of the canopy road without the express approval of the board of county commissioners and a request for development shall be submitted to the growth management coordinator or his/her designee, and the coordinator or his/her designee shall provide a recommendation to the board of county commissioners. Said recommendation may contain conditions, and the recommendations shall be placed on the board's agenda and the procedures utilized for public hearing as set forth herein.

D.

Criteria for tree removal.

1.

The public works director may authorize, without the approval of the board of county commissioners, the removal of trees in the public ROW which pose a safety hazard to pedestrians or other persons, buildings, or other property, or vehicular traffic, or which threatens to cause disruption of public services. Any hazardous trees, including diseased or pest infested trees, shall be verified as dead and/or in need of immediate attention by the IFAS extension service arborist, or by other certified arborist. If a hazardous condition can be resolved by trimming, only the IFAS extension service arborist or other certified arborist shall identify specific portions of the trees to be trimmed.

2.

The growth management coordinator director or his/her designee shall recommend approval to the board of county commissioners of a permit for removal of a tree within the zone if the applicant demonstrates the presence of one (1) or more of the following conditions:

(a)

Good forestry and environmental practices. Necessity to reduce competition between trees and deter the spread of invasive non-native plant and tree species.

(b)

Reasonable and permissible use of property. Tree removal which is essential for reasonable and permissible use of essential improvements, resulting from:

(1)

Need for access immediately around the proposed structure for essential construction equipment, limited to a maximum width of twenty (20) feet from the structure.

(2)

Limited access to the building site essential for reasonable use of construction equipment.

(3)

Essential grade changes. Essential grade changes are those grade changes needed to implement safety standards common to standard engineering or architectural practices, and reference to a text where such standards are found shall be required.

(4)

Location of driveways, buildings, or other permanent improvements. Driveway aisles shall be consistent with other applicable standards.

3.

The board of county commissioners shall approve or deny a permit request, and said request shall be considered at a regularly scheduled meeting of the board of county commissioners. Notice shall be provided to property owners within the zone in the same manner as set forth in section 25-63.

4.

The individual(s) requesting the permit shall pay an application fee of one hundred fifty dollars ($150.00) and shall be responsible for notifying the property owners, and the cost of the advertisement(s).

E.

Removal of any tree or trees. The board of county commissioners, when approving removal of any tree or trees within the zone, shall direct the growth management coordinator to amend the identification of the trees, updating and showing the location of the trees permissibly removed, and including the location of any mitigation trees arising from or in connection with a tree removal and shall be so indicated in the minutes of the next regularly scheduled board meeting. No liability or fine shall be levied for trees removed from within the zone if the identification is not maintained current within thirty (30) days of amending action by the board of county commissioners.

F.

Removal applications.

1.

Required information. All permits for removal or relocation of trees, or for pruning management, within the canopy road tree protection zone (unless such activity is permitted under an approved general permit, shall be obtained by making application to the planning director or his/her designee. Permit forms shall be promulgated by the growth management coordinator or his/her designee and approved by the board of county commissioners.

2.

Mitigation requirements. The permit application for removal of trees or vegetation in the canopy road tree protection zone must be accompanied by a mitigation plan which shall include, at a minimum, the following:

a.

An analysis documenting the purpose that necessitates the tree removal and explaining why the project cannot be modified to avoid the need for tree removal.

b.

An analysis of the canopy road section to be impacted by the proposed activity within the canopy road tree protection zone. The analysis shall include a narrative description of the affected roadway section together with other material helpful in assessing the impact of the intrusion of the existing canopy road effect. Such characteristics as under-brush density and species composition, tree species and size distribution, high bank areas, and capacity shall be included as appropriate.

c.

A replanting and management plan designed to mitigate the visual and vegetation impacts.

3.

Inspection. Prior to determination on a permit application, the growth management coordinator or his/her designee, shall conduct an on-site inspection.

4.

Appeal. Any permit that is denied may be appealed to the board of county commissioners within thirty (30) days of the date of denial by filing a request with the clerk of the court's office.

G.

Traffic safety regarding canopy road designation. Traffic safety on the designated canopy road shall be promoted by the utilization of speed control devices and by limiting truck traffic to local delivery trucks and setting speed limits. The engineering services director or his designee shall provide speed control devices and signage restrictions as deemed necessary.

H.

Traffic directional signs. The engineering services director or his/her designee may recommend to the board of county commissioners that traffic, other than local vehicular traffic, be routed on canopy roads upon providing information that:

1.

The road has been previously utilized for non-local traffic.

2.

The routing of other than local traffic does not create safety concerns or adversely affect the canopy road.

3.

There is a need and necessity to route other than local traffic.

4.

Said recommendations shall be placed on the board's agenda and considered at a meeting commencing at 6:00 p.m.

I.

Appeal. Any decision of the planning director or engineering services director or his/her designee that does not require approval of the board of county commissioners may be appealed to the board of county commissioners. Any and all such appeals shall be in writing and provided to the county administrator's office at least fourteen (14) days prior to the next regularly scheduled board of county commissioners' meeting. Said appeal shall be placed on the agenda for consideration by the board of county commissioners.

J.

Violation. Any person, firm, or corporation who refuses to comply with or violates any provision of this section shall be punished according to law, and upon conviction for such offenses, shall be punished by a fine, not to exceed five hundred dollars ($500.00), or for tree removal not to exceed five hundred dollars ($500.00) per tree, or by imprisonment, not to exceed sixty (60) days in the county jail, or both. Each day of continued noncompliance or violation shall constitute a separate offense.

K.

Conflict. In the event of conflict between this section and other county ordinances as adopted, this article shall prevail.

(Ord. No. 2008-01, § 3, 1-31-08; Ord. No. 2015-05, § 2, 5-11-15)

A.

Intent. The intent of these regulations is to:

1.

Protect and perpetuate the natural and cultural heritage of significant historic and/or archaeological sites and structures, including historic roads in the county;

2.

Enhance historic and archaeological resources, and their property value, for the benefit, education, and enjoyment of future generations;

3.

Protect the public interest in historic and/or archaeological sites, structures, or roadways from adverse activities, land uses, excavations, construction, destruction and other impacts and encroachments;

4.

Prevent the unnecessary removal of historic structures or archaeological artifacts;

5.

Stabilize and improve property values, while providing attractions to residents, tourists and visitors, a stimulus to business and industry and a mode to preserve the history of Nassau County; and,

6.

Implement the policies of objective 1.04B of the future land use element and objective 3.06 of the housing element of the adopted Nassau County Comprehensive Plan.

B.

Prohibited activity.

1.

Within Nassau County, it shall be unlawful for any person, group, organization or agency to knowingly and/or willfully damage, alter, destroy, deface, renovate, relocate, excavate or otherwise disturb any historic or archaeological resource without prior and appropriate notification to Nassau County, and authorization from any additional county, state or federal regulatory agency with applicable jurisdiction as required.

a.

These regulations shall not be construed to prevent ordinary repairs or maintenance to a structure or site.

C.

Nominations, designations and appeals.

1.

Nominations. The property owner, local county organization, the board of county commissioners or authorized agency of the U.S. Government and/or the State of Florida may nominate a property for historic designation. Any private property designated shall have the consent of the property owner.

a.

Nominations for historic designation shall be submitted to the growth management department and shall be accompanied by any information necessary, as requested by the growth management department, to investigate and comment on the nomination, and pursuant to chapter 1A-46.0001, Florida Administrative Code and chapter 60.4, Code of Federal Regulations, as applicable and amended from time to time.

b.

The growth management department shall review all nominations for historic designation, and provide additional information, comments and recommendations to the board of county commissioners.

c.

The administrative, public notification procedures and fee schedule used for an application for rezoning, subject to the provisions herein and pursuant to this Land Development Code, shall apply.

d.

Upon nomination for historic designation involving human burial remains, all issued or pending permits pertaining to the affected portion of the subject property shall be suspended, and no new permits shall be issued or reinstated for a period of up to fifteen (15) consecutive days or until a final report is received from the state archaeologist or district medical examiner.

2.

Designations. The board of county commissioners will hold public hearings to consider nominations for historic designation. The board of county commissioners may, upon a majority vote, designate an area, site, artifact, excavation, structure or other resource as historical, and regulated by the provisions herein. Any private property designated shall have the consent of the property owner. Such designation shall confer upon applicable structures or properties an acknowledgement of local historic significance.

a.

The county shall develop a historic properties survey of Nassau County, Florida, which shall be updated periodically. The historic properties survey of Nassau County, Florida shall be administered and maintained by the growth management department and geographical information systems department, in accordance with policy 1.04B.01 of the comprehensive plan.

3.

Appeals. Any person jointly or severally aggrieved by a decision of the board of county commissioners concerning the designation of historic resources within Nassau County may file an appeal in the circuit court, which serves the county in which the board of county commissioners is located. This appeal must be filed within thirty (30) days after the board of county commissioners has rendered its decision.

a.

Upon any appeal of the board's decision, the board of county commissioners may continue the suspension of all activities and permits within that portion of the site associated with the historic or archaeological resources in question, pending a final decision or agreement between the board and the subject property owner(s) or a rendering of a decision of appeal.

D.

Exemptions.

1.

Duly authorized agents of the State of Florida or the federal government, or organizations authorized by the board of county commissioners conducting bona fide scientific surveys, investigations, excavations or explorations for the purpose of identification, protection, or exhumation of historical resources of Nassau County, may be exempted from the provisions of these regulations, provided such exemptions are deemed by the board of county commissioners to be in the best interest of the citizens of Nassau County, the State of Florida or the Nation.

2.

In circumstances of emergency or impending disaster, the provisions herein shall in no way impede or restrict the performance or duties of any authorized emergency personnel with proper jurisdiction in Nassau County. In addition, the county building official will have the authority to issue emergency demolition and/or construction permits for any historic or potential historic resource that possesses an immediate or obvious threat to the health, safety and welfare of the citizens of Nassau County, subject to the approval of the board of county commissioners and in accordance with the provisions of the Florida Building Code.

3.

Any designated historical resource that has been destroyed or damaged by a natural disaster, and is deemed by the county building official as an immediate threat or obvious threat to the health, safety and welfare of the citizens of Nassau County, may have its historic designation status rescinded upon a majority vote by the board of county commissioners.

E.

Archaeological protection.

1.

Archaeological survey requirement. Within Nassau County, any person(s), company, organization or government agency engaged or promoting activities which unearth, uncover, or otherwise reveal any suspected archaeological site, burial, artifact, or other remains, is required to notify the Nassau County Growth Management Department as to the nature, size and exact location of the suspected find.

2.

The growth management department will have authority to request from an applicant/developer an initial archaeological survey by an authorized agency or qualified archaeologist before development occurs in any area known or documented to contain historic resources.

a.

If the presence of historic resources is confirmed, all activities, permits and/or exemptions associated with that portion of the subject site will be temporarily suspended for a period of three (3) working days, or until initial site inspection, subsequent evaluation and site-release to continue work is issued by the growth management department, whichever occurs first. However, following the initial site inspection, if human burial remains are found, the growth management department will have authority to temporarily suspend for up to fifteen (15) consecutive days all activities, permits and/or exemptions concerning the subject site, or until a subsequent inspection and evaluation is conducted by a representative of a qualified agency with experience in archaeological identifications or the medical examiner. Any archaeological sites, artifacts, remains or other resources deemed "major" by an authorized agency or qualified archaeologist will be reported to the board of county commissioners, which will have the authority:

(1)

To request that the property owner conduct a comprehensive scientific excavation and evaluation of the site by [and] under the direction of a bona fide archaeologist;

(2)

To determine the nature, importance and possible preservation and/or protection of the known or suspected archaeological remains;

(3)

To review for consistency all proposed mitigation procedures and potential adverse impacts to the subject site;

(4)

To request that the property owner file a variance request to ensure archaeological protection of the site and reasonable use of the land by the property owner; or,

(5)

To determine potential public acquisition for archaeological preservation.

b.

Archaeological sites designated as "minor" by an authorized agency or qualified archaeologist shall receive salvage excavation prior to development recommencing.

3.

Excavations. All subsequent excavations, removals, preservations, designations, displays or mitigations concerning a potential, known, or designated archaeological site, must be approved by the board of county commissioners upon recommendation by the growth management department and/or the appropriate state or federal authorities.

a.

All approved excavations shall be in strict accordance with the recommendations, permits, approvals or authorizations of the board of county commissioners and/or any appropriate state or federal agency with jurisdiction.

4.

Human burials. According to F.S. ch. 872, it is a third degree felony for persons who willfully and knowingly disturb any human burial remains. Any person who knows or has reasons to know that an unmarked human burial is being unlawfully disturbed, destroyed, defaced, mutilated, removed, excavated or exposed shall immediately notify the local law enforcement agency with jurisdiction in the area where the unmarked human burial is located. Persons with knowledge of the disturbance who fail to notify the local law enforcement agency will be guilty of a misdemeanor of the second degree. All subsequent actions concerning the subject human burial shall be in compliance with F.S. ch. 872.

F.

Historic properties, sites and structures.

1.

Minimum criteria for designation. Any historic resource included or eventually added to the historic properties survey of Nassau County, Florida, the National Register of Historic Places, Florida Master Site File, or any other appropriate and recognized existing or future survey by an authorized agent of the local, state or federal government, shall be subject to the provisions herein. All deletions, additions or amendments to the historic properties survey or other authorized surveys, maps or lists shall be subject to the processes, criteria, reviews and approvals as outlined in these regulations.

2.

The following minimum criteria shall be utilized when evaluating a structure, district, site or other resource for designation as an historic resource or for inclusion in the historic properties survey.

a.

The considered historic resource must be a minimum of fifty (50) years old and contain significant character, interest, or value as part of the historical, cultural, aesthetic and architectural heritage of Nassau County, its municipalities, the surrounding counties, the state, or the nation. General evaluation criteria shall include the significance and association of the building with the way of life or activities of a major person, location, event, family, business or institution recognized as important to the county, its municipalities, the surrounding counties, the state, or the nation; or

b.

The considered historic resource displays the historical, political, cultural, economic or social trends of community history; or

c.

The considered designation displays unique and/or distinguishing characteristics of an architectural style, design period, method of construction, detail, craftsmanship or material; or

d.

The considered historic resource is a historic or outstanding work of a prominent architect, designer, engineer, builder or landscape architect; or

e.

The site, building or structure meets the historic development standards as defined by, and listed in the regulations of, and criteria for, the National Register of Historic Places, as prepared by the U.S. Department of the Interior, under the Historic Preservation Act of 1966, as amended.

G.

Nonconforming historic properties. The planning and zoning board, pursuant to the procedures for granting a variance and subject to the provisions herein, may grant a variance for the reconstruction, rehabilitation or restoration of structures listed, eligible for listing or classified as contributing to a district listed on the national registry of historic places, or the Florida Master Site File. The variance shall be the minimum necessary to protect the historic character and design of the structure. No variance shall be granted if the proposed construction, rehabilitation, or restoration will cause the historic character or design of the structure to be degraded or destroyed.

H.

Enforcement. Any person(s), agencies, or companies who carry out or cause to be carried out any work, activity, or disturbance in violation of this ordinance shall be required to restore the subject historic resource or disturbed portion of the site either to its former appearance and/or condition prior to the violation, or in accordance with the recommendations of the board of county commissioners.

(Ord. No. 2008-01, § 3, 1-31-08)