HomeMy WebLinkAboutR-08-14RESOLUTION NO. R-08-14
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
ADOPTING GUIDELINES FOR PROTECTION OF PROTECTED
ANIMAL AND PLANT SPECIES IN REVIEW OF LAND CLEARING
ACTIVITIES; PROVIDING FOR CONFLICT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City is home to a number of protected animal and plant species; and
WHEREAS, it is the intent of the City to provide good stewardship of the habitat for
these species within the framework of an urban environment;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. GUIDELINES ADOPTED. The City Council hereby adopts the
following guidelines for review of land clearing activities within the City of Sebastian:
I. Before any clearing may begin, the property owner must apply to the City for a
"Nuisance Abatement" permit and inspection by the City's Growth Management
Department. Nothing within these guidelines, including the issuance of a
"Nuisance Abatement" permit, shall authorize activity constituting a "taking" of a
protected plant or animal species.
II. Clearing on the parcels covered in the City of Sebastian Area-wide Habitat
Conservation Plan should not occur during the Florida scrub jay (Aphelocoma
coerulescens) nesting season. Typically nesting season is March l~ to June 30th
but may vary slightly from year to year.
III. If the lot is inhabited by gopher tortoise (Gopherus polyphemus) or other state or
federally listed species, a permit from the Florida Fish and Wildlife Conservation
Commission (FWCC) or U.S. Fish and Wildlife Service may be required.
IV. In remedying a nuisance, overgrowth shall be'cut back a distance of five feet from the
property line unless the Growth Management Department determines that a lesser amount
is required to safeguard protected plant and animal species. The Growth Management
Department may also require that the homeowner protect plant species like sand oak or
scrub oak for the benefit of wildlife.
V. The penalty is $250 for each violation of this section.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section 3. EFFECTIVE DATE. This resolution shall become effective upon
adoption.
The foregoing resolution was moved for adoption by Councilmember Neglia .The
motion was seconded by Councilmember Paternoster and, upon being put to a vote,
the vote was as follows:
Mayor Andrea Coy yes
Vice-mayor Sal Neglia yes
Councilmember Al Paternoster yes
Councilmember Dale Simchick yes
Councilmember Eugene Wolff yes
The Mayor thereupon declared this resolution duly passed and adopted this 27a' day of August,
2008.
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Andrea Coy
ATTEST:
,~
'~
Sally A. Ma' , MMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian:
Rich Stringer, ity orney