§ 70-1. Definitions.

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Adverse impact: Any direct or indirect action likely to cause, or actually causing, a measurable decline in: (a) the stability, natural function, or natural diversity of a natural resource or system; or (b) the quiet, peaceful, safe, or healthful use or occupancy of any property.

Caliper: Trunk diameter measured four feet above the soil line.

Caliper (once tree has been removed without a permit): If tree has been cut down to below four feet above grade then caliper will be measured at highest point of the remaining trunk. If tree has been totally removed including roots then caliper will be assumed at 30 inches.

Damaged tree: Any tree which has been destroyed or damaged by natural causes, or which constitutes an immediate peril to life, property, or other trees.

Department: Town of Sewall's Point Building Department.

Developer: Any person, excluding a government agency, undertaking any development subject to an application for a development order.

Development or development activity:

(1)

The construction, demolition or removal of a residence, accessory building, commercial building or pool.

(2)

Clearing, scraping, grubbing or otherwise removing, altering or destroying the vegetation on an undeveloped site.

(3)

Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, and dumping.

Dripline: An imaginary, perpendicular line that extends downward from the outermost tips of the tree branches to the ground.

Effectively remove: Means to trim or prune to the extent that a plant's natural function is severely altered.

Endangered, threatened or species of special concern: The list of plant and animal species as defined pursuant to Rules 39-27.003 through .005, F.A.C. or CFR 17.11-12 or F.S. § 581.185.

Ground cover: Low-growing plants that form a continuous cover over the ground.

Grubbing: The removal or destruction of any living rooted shrubbery; the denuding of a parcel by digging, raking or dragging; activities which disturb the roots of vegetation or the soil in which such roots are located in a manner which is calculated to result, or likely to result, in the death, destruction or removal of such vegetation.

Hedge: Hedges are self-supporting, woody species and shall be a minimum of 24 inches in height when measured immediately after planting.

Large-scale development: Any development that spans an area greater than two adjacent lots.

Mangrove: Any rooted trees or seedlings, of any size, including the following species: White Mangrove (Laguncularia racemosa), Red Mangrove (Rhizophora mangle), Black Mangrove (Avicennia germinans), and varieties of the listed species, as well as their synonyms. Buttonwood (Conocarpus erector).

Minimum residential tree requirement: The minimum number of trees required on a residential lot as required by this chapter.

Native plant communities: Native plant communities consist of a variety of plants including canopy trees, understory trees, shrubs, ground cover, vines and wildflowers. Native plant communities found in the Town contain native plants such as: Tropical Hammock Plants: Black Ironwood, Blolly, Cabbage Palm, Cocoplum (red-tip), Coral Bean, Graytwig, Gumbo Limbo, Inkwood, Jamaica Dogwood, Lancewood, Live Oak, Mahogany, Marlberry, Mastic, Paradise Tree, Pigeon Plum, Redbay, Saffron Plum, Satinleaf, Stoppers, Torchwood, Wild Coffee, Wild Lime; South Florida Coastal Strand: Buttonwood, Cocoplum (green-tip), Gopher Apple, Leather Fern, Saw Palmetto, Sea Grape, Sea Oxeye Daisy, Varnish Leaf; Scrub Forests: Deer Moss, Gopher Apple, Myrtle Oak, Prickly Pear Cactus, Sand Pine, Sand Live Oak, Scrub Hickory; Pine Flatwood: Cabbage Palm, Cocoplum, Dahoon Holly, Gopher Apple, Myrsine, Saw Palmetto, South Florida Slash Pine, Wax Myrtle; Mangrove Swamp: Black Mangrove, Buttonwood (green, silver), Red Mangrove, Sea Oxeye Daisy, Leather Fern, White Mangrove.

Open space: Pervious area of a site with soils sufficient to promote healthy plant growth.

Parcel: The area of land or water owned by an applicant which is submitted with an application under this chapter.

Person: Any landowner, lessee, building contractor, subcontractor, developer or other entity involved in the use or development of real property, including agents, employees, independent contractors or others in privity with any of the above, whether natural persons, corporations, partnerships, joint adventures, governmental bodies, agencies or officials.

Preliminary land clearing: Those operations where trees and vegetation are removed within designated road rights-of-way, drainage and utility areas as depicted on a preliminary plan and which occur prior to the construction of buildings.

Prohibited species: Any species listed in the Invasive Plant List Category I and II under the Florida Exotic Pest Plant Council and amendments thereof.

Protective barrier: A physical structure limiting access to a protected area composed of wooden and/or other suitable materials, which assures compliance with the intent of this chapter.

Pruning: The removal of not more than 25 percent of the canopy of a tree.

Remove or removal: The actual removal of vegetation by digging up or cutting down, or damage of the vegetation or alteration of a site through the application of herbicides or other chemical agents; or the effective removal by trimming or pruning to the extent that a plant's natural function is severely altered.

Shade tree: A tree with a broad crown planted to shade an area from the sunlight.

Site: Any lot, plot, parcel or area of land or water.

Site plan or survey: A graphically drawn scaled plan view of a site, signed and sealed by an appropriately licensed professional(s), which shows all proposed or existing man-made improvements which includes buildings, parking areas, utility lines, drive, canopy roads, topographic changes, and natural features.

Sketch: A graphically drawn scaled plan view of a site which shows all proposed or existing man-made improvements which includes buildings, parking areas, utility lines, drives, roads, topographic changes, and natural features.

Specimen tree: A tree which has been determined by the town in consultation with a suitable professional registered in the State of Florida selected by the town to be of high aesthetic or ecological value because of its type, size, age or other professional criteria.

Specimen tree stands: A contiguous grouping of trees which has been determined to be at a height of at least eight feet and normally growing to an overall height of at least 15 feet in the vicinity of the town.

Substantial improvement. The repair, reconstruction or improvement to a structure built prior to the enactment of the ordinance codified in this chapter, the cost of which equals or exceeds 50 percent of the market value of the structure, either before the repair or improvement is started, or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or

(2)

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Transplant: The digging up of a tree from one place on a site and the planting of the same tree in another place on the same site.

Tree: A tree with a minimum caliper of one and one-half inches and eight feet tall at time of planting and which is a Florida Department of Agricultural Nursery Grade No. 1 or better.

Tree inventory: A written list of all trees on the site showing the common name and caliper.

Undeveloped site: A site upon which a primary residence or commercial building has not been built under a permit issued by the town.

Upland buffer area: The area of land from the mean high waterline inland ten feet.

Vehicular use area: All areas used for the circulation or parking of any and all types of vehicles or heavy construction equipment, whether self-propelled or not, and all land upon which vehicles traverse as a function of the primary use.

(Ord. No. 303, 7-20-04)