§ 118-9. Clearing Allowances.

(a)

Purpose. It is the purpose of this Section to provide for open space as a part of a development plan in order to ensure the continued existence of natural wildlife habitat and to provide open green areas for the movement, aesthetics, and safety of the human population utilizing the development. Native plant communities shall be considered required open space areas and shall not be cleared or otherwise disturbed, beyond the limits specified in subsection (b), including ground cover, understory, midstory, and canopy vegetation. All such areas shall be maintained in their natural condition and shall be protected by a grant of conservation easement running in favor of the County.

(b)

Percentage of clearing. Clearing of upland native vegetation communities in tiers I, II, III, and III-A shall be limited to the following percentages:

Tier	Permitted Clearing*
I	20 percent or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of upland native vegetation. For parcels greater than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing for one driveway of reasonable configuration up to 18 feet in width is permitted to provide reasonable access to the property for each parcel and shall be exempt from maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County Biologist and approved by the Planning Director. The proposed driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 20 percent of the entire site.
II	40 percent or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of upland native vegetation (Big Pine Key and No Name Key only).
III	40 percent or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of upland native vegetation. For parcels greater than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing for one driveway of reasonable configuration up to 18 feet in width is permitted to provide reasonable access to the property for each parcel and shall be exempt from maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County Biologist and approved by the Planning Director. The proposed driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 40 percent of the entire site.
III-A Special Protection Area	40 percent or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of upland native vegetation. For parcels greater than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing for one driveway of reasonable configuration up to 18 feet in width is permitted to provide reasonable access to the property for each parcel and shall be exempt from maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a county biologist and approved by the Planning Director. The proposed driveway design shall minimize fragmentation; avoid specimen trees; and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 40 percent of the entire site.
*Clearing for palm or cactus hammock is limited to only ten percent and the maximum amount of clearing shall be no more than 3,000 square feet.

 

(c)

Baseline conditions. The legal conditions of land existing as of February 28, 1986, and as depicted on the December 1985 Habitat Classification Aerial Photographs, shall be used as a baseline to determine the clearing that may be permitted on a site. The 1985 maps shall be supplemented by recent aerial photography and existing site analysis to determine any increases in the amount of upland native vegetated areas. Upland native vegetated areas cleared between 1986 and the time of permit application shall be considered to still include upland native vegetation for purposes of determining the amount of open space and clearing permitted.

(d)

Ocean Reef Club clearing. For the purpose of this Section, upland native vegetated areas in the Ocean Reef Club shall be limited to clearing of 40 percent of the upland native vegetated areas.

(e)

Big Pine Key and No Name Key clearing. Clearing of native habitat on Big Pine Key and No Name Key will be limited to parcels to be developed for residential use or for local road widening. The total amount of clearing over the 20-year life of the Habitat Conservation Plan (2003-2023) will be limited to no more than seven (7) acres. No clearing of native habitat, other than that necessary and authorized for new residential development, local road widening, or fire breaks to protect residential areas will be allowed.

(f)

Lot aggregation and clearing. For ROGO applications that receive points for lot aggregation under Section 138-28(4), permitted clearing of vegetation on the combined parcels shall be limited to the percentage of the property indicated in subsection (b) of this Section or a total of 7,500 square feet, whichever is less.

(g)

Vesting provisions. Applications for building permits received prior to January 13, 2013, and any building permits issued or to be issued pursuant to an active conditional use permit development order approved prior to January 13, 2013, shall be permitted to use the clearing allowances in effect at the time of building permit application or approved in the conditional use permit. Any revisions to the extent of clearing approved by the building permits or conditional use permits referenced above shall be required to comply with the clearing limits currently in effect.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)