Town of Melbourne Beach, Florida : Habitat restoration and protection initiative Final report for the Florida Coastal Management Program

[From the U.S. Government Printing Office, www.gpo.gov]

TOWN OF MELBOURNE BEACHl FLORIDA

HABITAT RESTORATION AND PROTECTION INITIATIVE

FINAL REPORT

for

THE FLORIDA COASTAL MANAGEMENT PROGRAM

THIS DOCUMENT IS FUNDED IN PART BY A SUBGRANT THROUGH THE FLORIDA
COASTAL MANAGEMENT PROGRAM, THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS PURSUANT TO NATIONAL OCI ANIC AND ATMOSPHERIC ADMINISTRATION
AWARD #NA370ZO427.

SUBMITTED BY: THE MARINE RESOURCES COUNCIL OF EAST FLORIDA
GRANT, FLORIDA

PREPARED BY: KATHRYN FLAHERTY
AND
JANET R. MERKT
GRADUATE INTERNS, FLORIDA INSTITUTE OF TECHNOLOGY,
MELBOURNE, FL.
AN

QH76.5.r6m42-1995

TOWN OF MELBOURNE BEACH, FLORIDA

HABITAT RESTORATION AND PROTECTION INITIATIVE

FINAL REPORT

for

THE FLORIDA COASTAL MANAGEMENT PROGRAM-

THIS DOCUMENT IS FUNDED IN PART BY A SUBGRANT THROUGH THE FLORIDA
COASTAL MANAGEMENT PROGRAM, THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS PURSUANT TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
AWARD #NA370ZO427.

SUBMITTED BY: THE MARINE RESOURCES COUNCIL OF EAST FLORIDA
GRANT, FLORIDA

PREPARED BY: KATHRYN FLAHERTY
AND
JANET R. MERKT
GRADUATE INTERNS, FLORIDA INSTITUTE OF TECHNOLOGY,
MELBOURNE, FL.

TABLE OF CONTENTS

Summary Report of Project Page 1

Request for Ordinances Appendix A

Ordinance Data Sheet Appendix B

Database Directions Appendix C

Model Habitat Protection and Landscape Ordinance Appendix D

Model Sea Turtle Habitat Protection Ordinance Appendix E

Workshop Flyer Appendix F

Plant Species List Appendix G

Letter to Residents Appendix H

Exotic Pest Plant Council Invasive Species List Appendix I

Certificate of Adoption Appendix J

Thank You Letter to Residents Appendix K

Media Coverage Appendix L

List of Figures and Photographs Appendix M

Summary of Habitat Restoration
and
Protection Initiative Project

INTRODUCTION

The Town of Melbourne Beach, Florida received a grant from the
Florida Coastal Zone Management Program for a Habitat Restoration
and Protection Initiative. The objectives of this innovative
project were to prepare a model ordinance, perform a revegetation
project, present educational programs to the public, and to
preserve native habitats. While the goal of this project was to
protect and enhance all existing habitats on the barrier island,
the Town of Melbourne Beach focused on enhancing existing scrub
habitat, and creating greenways and wildlife corridors by the
planting of scrub oaks and understory plants in selected areas.

ORDINANCE DATABASE/MODEL ORDINANCE PROJECT

The goal of the ordinance project was to preserve and enhance
existing habitat on the barrier islands through the use of local
laws and regulations. The first step was to provide an
environmental ordinance database which municipalities and counties
could use when updating or writing new environmental ordinances.
The data base was complied using ordinances from coastal towns and
created with the Alpha Four database management system. ordinances
were requested by letter from coastal cities and towns and their
respective counties (Appendix A). Those municipalities not
responding to the letter were contacted by either phone or a
personal visit. Twenty-four (24%) percent of the 252 cities and
counties solicited responded with ordinances. A total of fifty-
four (54) cities and fifteen (15) counties replied to the request
for ordinances. Each ordinance was analyzed and the information
logged on a data sheet (Appendix B). Each data sheet was used to
input ordinance information into the data base. ordinance
references can be retrieved from the data base by key word, type of
ordinance, name of city or county and title of ordinance.
Approximately 200 records are listed in the database. Appendix C
contains the directions on operation of the database. Table 1
lists the twenty-five (25) major types of ordinances in the
database.

Preparation of the model ordinance was phase II in the program for
maintaining the barrier island habitats. Since habitat boundaries
do not always coincide with political and legislative boundaries,
consistency of habitat protection ordinances will assure
intercommunity habitat protection. The intent of the model
ordinance is to preserve existing native vegetation and habitat in
several ways. Appendix D contains the model habitat protection and
landscape ordinance and background references. Appendix E contains
the model sea turtle habitat protection ordinance. The model

ordinances were reviewed by Diane Barile, Executive Director of
Marine Resources Council; Reba Floyd of Brevard County Land
Development Division; Ed Washburn, Town Manager of Melbourne Beach,
and Paul Gougelman, Town Attorney.

REVEGETATION PROJECT

The goal of the revegetation project is to enhance the existing
scrub habitat in Melbourne Beach by planting scrub oaks and
understory plants in the neighborhoods and at the local elementary
school. The project included presenting educational programs to
Gemini Elementary School and the community as well as the
revegetation of specific sites. The programs, presented by the
Friends of the Scrub and the Native Plant Society, included
information about the scrub habitat and the Florida scrub jay,
protection measures and the purposes and intent of the revegetation
project. The presentations were given to the school children at
Gemini Elementary and their parents, and to the community at an
Environmental Advisory Board workshop. Flyers about the workshop
were handed out to residents who live along the revegetation sites
(Appendix F). In addition, informational materials were
distributed to residents at the town's annual Founder's Day
Festival in May.

Site Choice and Preparation

To assure a successful planting, Dr. Richard Hillsinbeck, a
botanist who serves on Brevard County's Scientific Advisory Group
for the Scrub Habitat Conservation Plan, advised on the type and
ratio of tree species normally found on the barrier island scrub
habitats. The Natives, a plant nursery that specializes in natural
community restoration projects was consulted with regard to tree
survival rates, the optimum planting size, and their maintenance
requirements. The nursery agreed to contract-grow those plants
deemed optimum for the habitat restoration planting. Information
from these two sources were used in choosing creating a landscape
design and a plan for a successful planting. Appendix G contains
a complete list of plants that were used.

Using aerial photographs and site visits, areas were selected for
planting based on proximity to existing scrub areas. Consultants
in the selection were the town's Environmental Advisory Board, a
member of the Conradina Chapter of the Florida Native Plant
Society, and a graduate student intern from Florida Institute of
Technology.

A total of 5 sites were chosen for planting. The first area chosen
was Gemini Elementary School. This site was chosen for several
reasons. First, the site is across the street from a scrub area
inhabited by a family of scrub jays. Second, a school situation
was deemed an excellent vehicle for education of both the students

and parents as to the importance of habitat restoration and
preservation. Two sites on the grounds of Gemini Elementary School
were selected to be planted, on the north and the south end of the
school. Mulch was laid to clear the landscape areas of grass and
weeds.

A site was chosen to be planted along the rear fence line behind
the ball fields at county-owned Flutie Park. This area was chosen
because it affords ample planting area, creates a buffer for
homeowners between their yards and the ball field and serves as a
greenway corridor for the jays. The park area was rototilled,
staked and irrigated by the county in preparation for the planting.

The right-of-way along Oak Street was originally chosen as a site
but subsequently rejected due to buried stormwater and utility
structures. Reevaluation of other possible sites revealed that Fir
Avenue runs parallel to the park, and the combination of backyard
vegetation and park vegetation would create a desirable greenway
strip. The residents were originally contacted by letter with
follow-up phone calls and personal visits to solicit participation
in the project. Residents were asked to provide sites in their
backyards for planting scrub habitat (Appendix H) . A site was also
chosen along the western fence line at St. Sebastian By-The-Sea
Episcopal Church.

Sites that were planted are highlighted on Map 1. The revegetated
areas will create a wildlife corridor between the scrub area at
Flutie Park, some overgrown lots on Oak Street, and areas on Fir
Avenue where scrub jay sightings have been reported. The scrub jay
residential lots are circled on the map.

Planting the Site

Members of the Conradina Chapter of the Native Plant Society met
with teachers, parents, and the principal to organize a planting
day, for January 22, 1994. A slide presentation introducing the
Florida scrub jay and its habitat was given to parents and
students. The PTA solicited and received donations for additional
trees and volunteers. On planting day, parents and schoolchildren
planted one hundred twenty-five (125) scrub oaks and understory
plants along with a dune fence for protection. Since the plants
were contract grown, not all plants were of sufficient size to be
planted. Therefore, the smaller plants will be planted later on in
the fall.

The school is responsible for weeding, an irrigation system and
water until the plants are firmly established, when they will not
required supplemental water.

A second planting day was held on August 27, 1994. Approximately
three hundred thirty-five (335) plants were planted along Flutie

ark, at the church and in one homeowner's yard. About 30
volunteers reported, representing such groups as the Rotary Club,
P

Friends of the Scrub, the Native Plant Society, Melbourne Beach's
Environmental Advisory Board, a local Boy Scout troop, Marine
Resources Council, Maple Street Natives, Melbourne Eye Associates,
and Brevard County Commissioner Nancy Higg's office. In the park,
the planting was done in a "pod" manner, installing one or two
trees with complementary understory plants adjacent. Several scrub
jays live in close proximity to the planting area - one of the
resident's sons has even named them! During the planting, two of
the scrub jays appeared at the planting site, coming to light on
the hands of the volunteers. Live oak trees (Quercus virginiana)
were planted along the fence at the church and in one resident's
yard. Planting equipment was provided by the volunteers and
refreshments for the workers were donated by two local grocers.

A third planting was held on September 3, 1994 to establish scrub
plants in the remaining resident's yards. Another forty-one (41)
plants were obtained from two native plant nurseries and installed
by ten (10) volunteers including four homeowners. One hundred
percent (100%) of the residents on Fir Avenue agreed to have scrub
plants installed in their yards and each homeowner has agreed to
water, weed, and generally care for the plants until established.
While clearing the area along the residential fences, other scrub
plants, such as gopher apple, scrub oak, coral bean, and wax myrtle
were discovered and carefully conserved. Plants installed included
three types of scrub oaks (Quercus myrtifolia, 0. cfeminata, Q_.
chapmanii), beautyberry (Callicarpa americana), Indian blanket
flower (Gaillardia pulchella), and dune sunflower (Helianthus
debilis). The planting was also done in a "pod" manner. Several
residents cleared exotic vegetation from the area to make room for
the scrub plants. The Town council presented each resident with a
"Certificate of Adoption" for their cooperative efforts in the
planting project (Appendix J) . In addition, each resident received
a thank you letter for their participation in the project (Appendix
K).

Finally, the last planting was held on September 17, 1994 to
install the remainder of the plants at the school.

ECO-CALENDAR

The grant originally called for the preparation of an "Eco-Atlas"
a pamphlet describing the natural habitats and their inhabitants in
the Town of Melbourne Beach. However, after discussion by the
Environmental Advisory Board, the Town Manager and other interested
parties, an Eco-Calendar was substituted. A consensus was reached
that a calendar would be more 11user- friendly" - a resident was
likely to keep a calendar the entire year, rather than a pamphlet
that may be discarded after being read. Each month will have a
featured animal, plant or event known to occur in that month - for
example, sea turtle nesting in the spring months, etc. The artwork

was donated by a local artist. The text was written by several
members of the Environmental Advisory Board, Marine Resources
Council, and the Native Plant Society.

VIDEO

A video of the second planting done at the park and homeowner's
yards was filmed by a member of the Environmental Advisory Board.
Professional editing was the responsibility of the members and
students of the film department at Phillips Junior College.
Credits for the video include the Melbourne Beach Town Commission,
the Melbourne Beach Advisory Board, the Marine Resources Council,
the Conradina chapter of the Native Plant Society, and Friends of
the Scrub.

CONCLUSIONS AND RECOMMENDATIONS

The model ordinance could be used by those barrier island
communities wishing to conserve existing habitats and restore and
reconstruct areas that have been compromised. The ordinance allows
each town to make adjustments or modifications to meet their
individual environmental, political and socioeconomic needs. A
hard copy of the database can be printed out for those communities
without facilities to run the computer program.

The 100% cooperation level of the residents was very encouraging.
This shows that the town residents are concerned and willing to
participate in habitat restoration. Especially refreshing was the
enthusiasm displayed by the children who had named the scrub jays.
It is hoped that this enthusiasm will carry into the care of the
plants necessary for the jay's survival.

The eco-calendar could be a self-perpetuating concept. The
calendar can be designed a little differently each year and a price
set whereby the cost to produce the calendar was covered with a
little extra left over. The money collected over and above the
production cost of the calendar could be set aside for
environmental activities, such as educational workshops, native
plant giveaways, etc. In addition, the calendar can be a template
for other communities who wish to raise money to conduct
environmental awareness activities.

The video depicts what can be accomplished in habitat restoration,
and can be used by towns or cities if they think they would like to
do a similar project. It shows what can be achieved combining the
joint efforts of towns, counties, and residents and illustrates the
remarkable results that can be obtained in a just few short hours
working with volunteers and informed, interested citizens.

MAP 1. Location of scrub jay sites and revegetation sites.

T- III* I-rl 'III Ill-, Il ..I -I .-I -1.. 1ZI 1
Is, 1 1' T' A' V E N U' E
111113 3 4 5 if
5 L 0 C K 3 aL 0 C K 34 OLK.
to to to 1' '121
9
L 0
141
191.0@9 311 @36
0
1 3 38 0 It to 1 11 12
2 4 5 3C JXI I 1 6 7
S-U It F R 0 A 0
2 3 2 03CIX4 1 5 106 7 1 2 13 1845 6 7 89 to 11 It
I I BLOICK I n395 1 6 1 a 40 1 L0C K 401
3 4 7 69 10 it
-[as- 1- 17 20 29 30 x
CORAL A E. 31 ASH OC AVENUE
5 1 it 3 43 6 7 49 to 12
32 8 LOCK 13

23 22 21 20 19 3 14
1 s to
'TWOOD AVENUE It 1 10 1 17 1 Oil '1 10 1 14 1 13 1 Is 11
2 RCN AVENUE
7 1 6 1 5 4 3 IF, ca a 3104 105C jX4 1 -7 0 9 10 0
0901, 0 L 0
33 3 VR
147 It 4 to Its Is IT 10 1 Is 1 14 13 1 it I It
34 144 5 7 C ERRY OR-tv-jr %
9 91 !177 35 4 1 2. 3 1 4 Is &
* 90 All. 145 4 .1 9 LIDIC [X4 1161 A
3 99 30 .91 Rd-AM 44 144 6 27 Is Is
143 26 .17 14 j 13 1 it C[ol
as 45 142 4+ low DOGWOOD AVENUE 3
87 4 141 0 24a 4
is 64 140 A +
2 1 so I so 49 49 47 as 7'
54 ANCHOR KLY 63. 65 9 2 22 Is 14 10 9 4
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41? 136 11
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sa so 9 75 11 74 1 73 172 71 ?0 go 134 47 Is 17 12 IR to to9 V 0 UE r 4
121 122 12 1 4 1 . ROVER VIEW ANE 13S to 15 14 is is .11 10
25 126 127 Its 12 132 133 134

COMY PARK

SCHOOL AREA

REVEGETATION SITES

q Z:::D SCRUB JAY SITES

TABLE 1
TYPES OF ORDINANCES IN THE DATABASE

TYPE OF ORDINANCE NO. OF RELATED ORDINANCES

Beach/dune protection 14
Bird protection 1

Coastal construction 10

Endangered/threatened species 1
protection
Environmental protection 2
Environmentally sensitive 11
lands

Habitat protection 12
Land clearing 13

Land development 17

Landscape 53

Manatee protection 2

Mangrove protection 1

Open space/natural preserves I

Preservation of wildlife 1

Resource protection 4
Shoreline protection 2
Species protection 2

Stormwater 41

Tree 18

Tree protection 29
Turtle protection 12
Vegetation protection 3
Vegetation standards 1

Wetland 13

Wildlife protection 1

APPENDICES

APPENDIX A

M A R I N E R E S 0 U R C E S C 0 U N C I L 0 IF E A 5 T F L 0 R I D A

December 14, 1993

City Clerk
City of South Daytona
P.O. Box 4960
South Daytona, FL 32021

Dear City Clerk:

cities are f acing problems with adequate habitat protection and
rehabilitation regulations. Cities have. begun to recognize the
role they play in protecting the environment through developing
ordinances such as new stormwater regulations, landscape and tree
protection ordinances.

The Florida Coastal Management Program is sponsoring a project to
provide a reference database of ordinances that can be used by
cities and counties when preparing new protection ordinances or
revising old ones. Marine Resources Council of East Florida is
coordinating this project and we need your help. We know that your
city/county has ordinances that are important and need to be
included in this database.

These are the type of ordinances that are being collected:

environmental protection
habitat protection
habitat restoration
barrier island protection
landscape
land clearing
wetland protection
land development code
dune protection
sea turtle
mangrove
stormwater
native plant protection
tree ordinances

*at

P 0 B 0 X 2 2 8 9 2 M E L 6 0 U R N E. F L 0 R I D A 3 2 9 0 2 2 8 9 2 4 0 7-9 S 2-0 1 0 2 407-9S2-01 03 FAX
LOCATED AT 5890 US I IN GRANT, FLORIDA

Please send copies of all these ordinances, or any others you deem
appropriate for the management and protection of-land, water and
habitat resources, to the following address:

Katie Flaherty
Marine Resources Council
P.O. Box 22892
Melbourne, FL 32902-2892

Thank you for your time and for your ordinances to be included in
the database, please respond by January 14, 1993.

The results and model ordinance database will be available by the
end of 1995. This project will be a useful tool to share
information and resources from around the state in order to advance
awareness and knowledge of environmental ordinances.

Sincerely,

Diane D. Barile
Executive Director

APPENDIX B

0 ,

ORDINANCE DATA SHEET

CITY/COUNTY FAX(

ADDRESS City State zip

PHONE( TYPE OF ORDINANCE:
tree
CONTACT PERSON landscape
lands clearing
land alteration
TITLE OF ORDINANCE land development
stormwater
DATE OF ADOPTION vegetation standards
tree protection
stream buffer/setback
wetland
KEY WORDS (circle all that apply): parking area
coastal construction
native plants/vegetation turtle protection
exotic plants/vegetation beach/dune protection
buffer/setback vegetation minimum tree plantings
undesirable species tree survival
Brazilian pepper shore structures
melaleuca 100 year storm
mangroves public access
tree protection/preservation drainage facilities
sea turtles peak discharge
beach retention/detention
dune runoff
artificial light sedimentation/erosion
point system for landscaping wetlands
list of recommended landscaping plants site plan
list of native species permitted uses
list of non-native species prohibited uses
list of undesirable species
wildlife
permits
maintenance
enforcement
penalties
parking area
coastal construction
shorelines
vistas and views
tree removal
vegetative community protection
palms
roadway median and ROW
endangered habitats
tree replacement/relocation
0 revegetation requirements

APPENDIX C

is'

Directions to use the ordinance Database

1. Change the directory to ALPHA4V2.
C:> CD \ALPHA4V2

2. At the prompt type A4 \ALPHA4V2\ORDINANC.
ALPHA4V2:>A4 \ALPHA4V2\ORDINANC

3. This puts you into the database. The database last used will
be highlighted.
The database holding all of the ordinances is named HABITAT.
Highlight the HABITAT database and press ENTER.

4. The MAIN MENU is now displayed.
Highlight VIEW/ENTER RECORDS and press ENTER.

5. The database records are displayed on the screen. There are
2 ways to display records on the screen. One is VIEW MODE
which displays 1 record at a time. BROWSE MODE displays many
records on the screen.
VIEW MODE allows for more detail to be displayed at once so
this may be preferable to the BROWSE MODE
In order to use VIEW MODE (if it is not in that mode already)
press V.

6. The records (ordinances) can be accessed in 2 different ways;
by choosing an INDEX and using FIND or by using LOCATE A
RECORD.

7. To find a record(s) by using 1 of the INDEXES, press I to
select INDEX.
A window of INDEXES appears, listing all of the INDEXES
available for the HABITAT database.
Ordinances can be accessed by using the following INDEXES:
CITY/COUNTY, TYPE OF ORDINANCE or TITLE OF ORDINANCE.
Highlight the INDEX wanted to look through and press ENTER.

8. After choosing an INDEX, press F to choose the FIND command.

9. Type the word you want to find and press ENTER.
For CITY/COUNTY, type "City of it or If county".

10. You can use the arrow keys to search up and down the list from
the record that was located.

11. To find a record using the KEYWORDS field, the LOCATE A RECORD
command must be used.
Press 0 to select OPTIONS.

12. Press L to select LOCATE A RECORD.

13. Type the word you want to look for and press ENTER.

IS 14. The FIELD SELECTION screen is shown. Highlight the field name
KEYWORDS and press ENTER.
An arrow appears next to the field name indicating a selected
field. To de-select a field, press ENTER on a marked field
and the arrow disappears.

15. Press F10 to begin the search.

16. The program stops when a match is found. Pressing ALT-M
displays the KEYWORDS memo field.
Pressing F10 returns to VIEW MODE.
Pressing N selects the next record.
A warning box is displayed when there are no further matches.
Press ENTER-to continue.

17. LOCATE A RECORD can be used for any of the fields in the
database, not just KEYWORDS, but it is the only way to access
the memo field of KEYWORDS.

18. When you are through with your search, press M for the MAIN
MENU.

19. Highlight QUIT (or press Q) to exit the system.

APPENDIX D

MODEL HABITAT PROTECTION AND LANDSCAPE ORDINANCE

Introduction

A survey was conducted in the summer of 1993 in the City of
Asheville and Buncombe County in North Carolina. The results were
not surprising - PEOPLE LIKE TREES AND GREENSPACES AND WANT TO KEEP
THEM!! (Price 1994). Tree protection has become one of the
hottest, and often contentious environmental and planning issues.
No longer limited to the agenda of extremist environmental groups,
tree and open space conservation has become a mainstream concept.

Trees and vegetation however, are only one part of an
ecological system - a system where biological and physical
characteristics are intricately woven, producing a natural
community. Such ecosystems provide habitat for wildlife,
groundwater and aquifer recharge, and floodplain management. As
urban development escalated, ecosystems begin to feel the impact.

It is well documented that vegetation has environmental value,
aiding in climate moderation, erosion reduction, air filtering, and
exchange of atmospheric gases. In addition, monetary value can be
placed on vegetation for its value in abating city air and water
pollution, noise attenuation, and soil erosion. A study recently
done in Chicago, Illinois determined that the shading capacity of
trees and their windbreak potential, lowered heating and cooling
costs in the city. During 1991, trees in the Chicago area removed
6.145 tons of air pollutants, providing air cleansing valued at
$9.2 million dollars. Compared with the cost of upkeep, the long-
term tree benefits were more than twice the cost (McPherson, et
al.,1994). A landscape buffer can shield adjacent areas from
traffic noise and pollution (Figs. 1 and 2). It has been estimated
that a 100 foot buffer strip of trees along a major road can reduce
the noise level by six to eight decibels (Bullard 1980).

Perhaps just as important, the aesthetic values of plants and
wildlife must not be overlooked. Unlike the monetary and
environmental values, one cannot always put a quantifiable value on
the visual and aesthetic ways ecosystems benefit mankind. No one
will argue, however, the great effect plants and attracted birds
and butterflies has on the mind and body. Several studies show the
commotion and noise of cities can cause psychological as well as
physical stress. A University of Delaware professor, Roger Ulrich,
found that, over a nine-year period, the recovery time for
gallbladder patients was shorter for those who could see trees
outside their window rather than a blank wall. In addition, "tree-
viewers" required fewer painkillers than their "blank wall-viewer"
counterparts. (Duerksen et al.) A UNESCO project is examining the
needs of city children, and interviews of children world wide have
shown that "the hunger for trees is outspoken and seemingly
universal" (Lynch in Duerksen et al. 1993). Another study in
England is focusing on schoolyard trees and landscaping and how

they can benefit the learning environment.

During the early and mid 19801s, relatively few communities in
the United States had adopted ordinances that addressed tree
protection on private property. The states of Florida and
California were forerunners, with the bulk of existing tree
ordinances occurring in these states. Recently, however, tree
protection and conservation laws have been emerging in other
states, notably Illinois, Texas, Missouri, and other heartland
states.

Developers are a group most often affected by landscape
regulations, and were historically opposed to this type of
regulation because of associated costs. However, developers are now
becoming more amenable to reasonable and flexible regulations as
they find the value of their project is usually enhanced. Some
developers find it easier and ofttimes cheaper to clear cut before
building, planting trees later. Others prefer to save existing
trees and work around them. In both cases, builders are finding
that homes offered with landscaping and plant material in place
command an average of five to ten percent (5-10%), and in some
cases, twenty percent (20%) over non-landscaped homes (Grey et al. ,
1992). Those developers who have preserved existing trees will
enjoy even higher monetary gains, as consumers prize shade trees
and major evergreens, and are willing to pay for them (Figs. 3 and
4).

In one project, tree protection measures added about two
percent (2%) to the average cost of a home, but homes in that
development have been outselling those in comparable developments,
the higher price of the treed/ landscaped homes notwithstanding.
The developer is enjoying profits exceeding twenty percent (20%)
per unit (Duerksen, 1993). The economic value of trees and
vegetation as reported by J.J. Kielbaso in "Economic Values of
Trees in the Urban Locale" relates a situation whereby a home with
a 300 year old elm tree on the property was listed for sale. An
offer-to-buy of $24,000 was made on the home prior to a hurricane.
The hurricane destroyed the tree but the home itself was undamaged.
The property subsequently sold for only $15,000. It was thus
concluded that the tree was added $9,000 to the property's value
(Grey et al., 1992). Although it may be argued that the tree alone
was not entirely responsible for the difference in price, it has
been documented that. lots with trees sell faster and at higher
prices than properties without trees. In addition, a survey in
Hampton, Virginia noted that over 80 percent of the respondents
preferred shopping at a business with substantial landscaping
(Duerksen, 1986) (Figs. 5 andfi).

The importance of trees and landscaping has been firmly
established. The next logical step is the conservation of
established parks and open space, and the prevention of further
is 2

destruction of native habitats, needed for the survival of both man
and wildlife.

A habitat protection and landscape ordinance, written with
these perspectives in mind, can be developed for any size city or
town. Ordinances written for a town are often copied from another
town's ordinances. However, every town has different
environmental, geographical and socioeconomic needs, and statutes
right for one city do not always apply to another. Much has been
written about barrier island and coastal habitats but few
ordinances directly address barrier island habitat protection.
Urban and suburban areas have traditionally been thought of as
primarily commercial and industrial development, residential
houses and infrastructure with a park scattered here and there -
the manmade overwhelming the natural. However, urbanized areas
may also be considered as potential wildlife habitat and greenway
creation material.

This model ordinance takes a slightly different approach than
traditional landscaping ordinances. The ordinance was developed
from an ecosystem perspective, with habitat protection and
restoration the key components of the ordinance. Tree protection
and landscape requirements are also included but from an ecosystem
approach.

Of the nearly 200 ordinances reviewed for this model
ordinance, only a relatively small number was used in compiling the
model. ordinances unique to and specifically addressing habitat
conservation and restoration were utilized as were regulations
applicable to specific habitat areas such as beach and dune
systems, mangrove and seagrass areas, etc. This report outlines
the approach, rationale, and intent for each section of the
ordinance.

General

The model ordinance addresses landscape regulations and tree
and habitat protection in light of the needs, rights, and desires
of several interest groups. Historically, many environmental
regulations generally did not apply to single family homeowners.
Homesites were exempt from landscaping, tree conservation, and set-
aside regulations. More recently, however, ordinances are becoming
applicable to the developers, builders, and the homeowner as well.

It should be remembered that this ordinance is designed to be
a model. Not every part of the ordinance will be applicable or
suitable for every barrier island community. The model ordinance
is meant to be tempered for each town's unique needs.

The attached ordinance was drafted in keeping with the police
powers of local government in protecting the safety, health, and

general welfare of the citizens. Where exceptions to a regulation
exist, it will usually be found to come under the above mentioned
police powers. Habitat restoration and ecosystem conservation is
more likely to be accepted by the general public if citizens
understand the importance of the ecosystem for stormwater
protection, water supply, and the economic benefits the system
conveys.

Section 1. Intent

The intent section sets the goals and objectives for the
ordinance. In a court of law, ofttimes the presiding judge will
refer back to the "intent of the law" to aid in deciding a case.
Where the intent of the ordinance is clearly defined, ambiguity is
diminished, and judgement will often be made in accordance with the
goals and objectives of the ordinance.

Section 2. Definitions

Definitions are used to clarify technical and complex terms as
well as attach specific meaning to everyday words. For example,
the term 11DBH11 is not a term that everyone readily understands and
falls into the former category. On the other hand, the word "tree"
is a prime example of a case of the latter. Whenever possible,
illustrations are used to clarify complex ideas. Communities should
refine definitions to meet their unique needs.

Section 3. Applicability

This section addresses who is bound and affected by the
jurisdiction of the ordinance. The model ordinance applies to
single family, commercial, and industrial lands. Exceptions are
listed for certain bona-fide businesses and provisions are made for
areas that previously did not fall under the law, but are now
subject due to reconstruction or additions.

municipal areas such as streets, rights-of-way, medians, etc.
are not addressed. Such public areas are usually addressed in
separate ordinances. However, habitat restorations can be planned
and coordinated with easements for power, storm and waste water,
and telephone utilities. Each utility has requirements for optimal
types and placement of vegetation to facilitate reliable,
uninterrupted services to residents and to avoid problems arising
from root spreading, crown growth, etc.

Section 4. General Permit Provisions

Clear cutting is a major source of habitat and ecosystem loss.
Therefore, the ordinance requires a permit for this activity. When
it is permitted, a landscaping plan must be presented, indicating
the intentions and design for replanting the site.

The ordinance prohibits speculative grading for all parcel
types. In a survey of Buncombe County, North Carolina residents
conducted by Mark West of the University of North Carolina, 81 % of
the respondents replied that speculative grading should be
prohibited (Price, 1994). The practice is done to supposedly make
the land more attractive for a potential buyer. However, residents
no doubt realized that the vegetation was being removed, and it was
possible that the lot would not be sold for quite some time (Figs.
7 and 8). Meanwhile, the habitat value of the parcel was rendered
useless.

Section 5. Applications

This section states the information requirements for the
application. The information portion (Subsection c) is designed to
provide the approving authority all information needed to review
the permit. The evaluation portion (Subsection d) is designed to
provide a basis upon which the approving authority will make a
decision as to the environmental soundness and feasibility of the
project.

Section 6. Native Habitat Preservation Areas

This section addresses the setting aside of a portion of the
development parcel as a native habitat preservation area. The
amount and location of the habitat area is planned so that the area
becomes an integral part of and contributes to open space,
greenways, recreation, landscape, stormwater, and parking areas.

A single-family home may be sited on a very small city lot
where space is at a premium and a set-aside regulation may be
unduly restrictive. However, for a single-family house built on a
larger parcel, it may be reasonable to set aside habitat
preservation areas. Multi-family, commercial, and industrial
developments with their larger sites are more likely to fracture or
destroy habitat and vegetative communities. They often have more
space as well as money at their disposal to set aside parcels of
land for habitat restoration, and are often less affected by parcel
set-aside regulations. A sliding scale method is used to obtain an
equitable method of determining how much land will be set aside.
Land owners with large parcels are required to set aside a higher
percentage of the total parcel than owners with small parcels
(Figs. 9 and 10).

A management plan is required in this section so that the
preservation area will be maintained for its intended use: a viable
integration of human and natural systems. The plan delineates (1)
how exotic species will be handled, (2) controlled burning for
designated ecosystems, (3) vegetation preservation and restoration,
and (4) litter and debris removal.

In large developments, landowners may f ind due to other
restrictions (set-backs, easements, parking lot regulations, etc.)
that the entire parcel be designated for use. In this case,
provisions have been made to allow mitigation on another site.
Landowners may own other tracts of land that are not as suitable
for a development but have environmental, ecosystem or historical
significance and are able to mitigate off-site. The landowner is
also afforded an option to pay the municipality a fee should they
choose not to set-aside a portion of their parcel or mitigate off-
site. These funds would allow the municipality to purchase land
for natural corridors, open spaces, species protection, or
floodplains. Creating options for the developer may mean the
difference between gaining or losing an economically desirable
enterprise for the community.

Section 7. Permit Conditions

The tree replant requirement minimizes the loss of trees from
clearcutting. There are specific requirements for permitted
plantings. The regulations encourage the replant of trees similar
to the trees originally on the site but does not require replanting
the same species of tree removed. This flexibility allows the
landowner to replant preferred trees (the planting of natives to
replace pre-existing non-natives, for example) instead of being
forced to plant species existing on-site prior to development.

It is the intent of the ordinance for canopy and specimen
trees to be saved. However, if significant loss of such trees
occurs, the ordinance requires the replant of trees larger than the
minimum DBH requirement. There is a monetary incentive for
protection rather than replacement of trees. Installation and
maintenance standards of replant trees are designed to prevent the
practice of planting trees to meet requirements and later removing
them after the Certificate of occupancy or Certificate of
Completion is obtained.

Plant selection is generally left to the landowner, subject to
the municipality's Plant List. The approved list helps ensure that
plants selected are compatible to the local conditions, will
thrive, and require minimum maintenance. In addition, many of
Florida's residents are "transplants" from other parts of the
country, and may not always be familiar with Florida's plants. The
plant list should be prepared with assistance from local growers,
The Florida Native Plant Society, Agricultural Extension Service,
Florida Natural Areas Inventory, and other experts.

The Florida Exotic Pest Plant Council's list of exotic plants
is included in the ordinance to prevent further infestation of
invasive, non-native plants (Appendix I). There are three
categories of restricted plants in the most recent list:

0 6

- Category I includes species "widespread in Florida with an
established potential to invade and disrupt native plant
communities."

- Category II includes species "localized but have a rapidly
expanding population, or have shown a potential to invade and
disrupt native vegetation in other areas, or in other
countries with climates similar to Florida."

- Category III includes species "widespread and can form
dense monotypic populations, but primarily on disturbed sites
such as roadsides, agricultural lands, and canal embankments."

The ordinance specifies that no species from Category I may be
planted. It is at the discretion of the municipality to prohibit
planting species from Categories II and III that currently are, or
in the future may prove to be, a problem in their community.

Section 8. Grubbing/Land Clearing Provisions

Trees and understory plant material are equally important to
a viable ecosystem. The removal of both or either (termed
"grubbing") can negatively impact an ecosystem. This section
delineates the rules, stipulations and permit requirements for
grubbing.

A visual description of the property is required to assist the
permitting official to make an informed decision regarding the
current vegetative status of the property. Aerial photographs are
often the best way of obtaining such information if the official
is experienced in photo interpretation. The photos can often
include vegetation of nearby areas so officials can ascertain
whether nearby systems may be affected by development on the parcel
under review. Single family and duplex homes are exempt from the
aerial requirement due to the cost consideration. smaller parcels
of land or single lots can be easily videotaped.

Historical and specimen trees and wetlands are provided
protection under this section. Dead, damaged, and fallen trees are
also provided protection, as these trees serve a vital function for
bird nesting and roosting, as well as cover and shelter for other
wildlife (Figs. 11 and 12). There are provisions for removal of
all or portions of trees which pose a hazard, as certified by
officials or in emergency situations.

Stabilization requirements are included to protect the site
during construction from erosion, sediment transfer, and to
minimize airborne dust. These protective measures help insure the
survival of preserved vegetation on the property during
construction.

The ordinance includes a list of several non-native invasive
species found almost ubiquitously throughout Florida. Removal of
the prohibited species noted in this section is encouraged. It is
therefore simple for landowners and homeowners to remove these
plants without the permitting process.

Section 9. Site Protection

Site protection minimizes impacts on existing vegetation from
the stresses resulting from construction. Construction machinery
and materials can eliminate on-site vegetation that was intended
for preservation. For example, sand pines become severely stressed
and cannot tolerate excessive motion on the ground (walking,
driving, etc.) around their root systems. Regulations prohibit
activities with an adverse impact and require protective measures
to insure the vegetation's survival.

Section 10. Landscape Reguirements

Minimum standards for landscape plants, materials, and
maintenance and installation are presented for both commercial and
residential projects. In general, standards are established to
ensure only healthy specimens are installed and that the species to
be planted are consistent with the local growing conditions. After
the project, vegetation must be maintained in a viable state in
accordance with defined criteria.

A required landscape plan is the graphic presentation of how
the standards and intent of the section are met. Landscape
architects are trained in the use of plants in creating a pleasing
and functional space, enhancing both the environmental and the
aesthetic aspects of the project (Fig. 14). A landscape architect
registered in the state of Florida is likely to be familiar with
Florida's native vegetation. The seal requirement is waived for
single-family and duplex homes due to the cost of obtaining such.

Minimum landscaping requirements are based on the amount of
land being developed or improved. Large areas are required to have
more trees and understory vegetation, but in all cases, one-hundred
percent (100%) of the parcel (less impervious surface areas) must
be covered with a living vegetative material. Preserved trees have
a greater point value than planted trees, encouraging developers to
preserve as many existing trees as possible. Economically as more
trees are preserved, there is less need for purchase.

A point system is established for determining the amount of
vegetation necessary for a parcel based on the parcel size. Large
trees are given more points than small trees and Palms, and natives
are given more point value than non-natives. Point values can be
changed dependent on the needs of the municipality (ie. , increasing

loss of canopy trees, etc.) Points are also given for preservation
of environmentally sensitive areas, and/or parcels that contain
rare, endangered, or threatened plant species.

The ordinance sets a maximum area of lawn grass that may be
installed (or preserved) for two reasons. First, lawn grass
requires more water than trees, shrubs, and understory plant
materials. During droughts and water shortages, water demands will
be minimized in communities with limited lawn coverage. Second,
lawn grass provides no significant wildlife habitat and contributes
little towards the intent of the chapter -namely, habitat
restoration.

The planting of native species is encouraged throughout the
ordinance. However, many non-native, non-invasive species also have
ornamental use. Flexibility in the use of ornamental and native
plants is an integral part of the ordinance.

Biodiversity is important to the stability of all ecosystems.
Diversity of vegetation in the ordinance is encouraged to prevent
monocultures or urban environments with only a few species. In the
late 1960's, Dutch elm disease swept through Midwestern and Eastern
states, killing entire stands of trees, and leaving landscapes
barren of major trees. In some communities where elms made up 90%
of the total tree population, the disease left tragic scars (Grey
et al. 1992). In order to circumvent another decimation, species
diversity is required when planting large numbers of trees on a
parcel (Fig. 15 and 16).

Canopy trees are preferred for shade and habitat value, and
thus larger numbers of canopy trees are required than ornamental
trees and palms.

Nursery grown stock or plant grown from seed are required to
avoid harvesting plants from natural areas to fulfill landscaping
requirements. In some cases, communities have areas such as right-
of -ways that need to be kept clear and mown. Homeowners can
harvest or rescue these plants from such community designated
areas, and replant them in areas where they will thrive and
contribute to the creation and restoration of viable habitat.
However, taking plants from viable habitat and moving them to
another location simply to fulfill the replant requirements does
not fulfill the goals of the ordinance. The goal to be obtained is
no net loss of habitat or biodiversity on each site.

A performance bond is required to assure that the required
vegetation will be kept in a living, viable condition; that it will
not be planted to fulfill the requirements and then ignored.
Standards listed in this section must be met before a Certificate
of Occupancy or Certificate of Completion is issued. However, in
some cases, the timing of the construction does not coincide with
the optimum time for planting. In such cases, the certificates may
0 9

be issued if a performance bond is posted. Should the landowner
not install the landscaping, the municipality can then use the
performance bond money to complete the landscape plan on site.

Section 11. Plant Materials and Installation Standards

This section addresses the minimum requirements for plant
materials and installation. All installed plants must meet the
standards of the State of Florida Department of Agriculture and
Consumer Services according to the guide "Grades and Standards for
Nursery Plants". This publication is designed to set industry
standards for plant materials. The ordinance requires plants meet
or exceed the minimum standards for Florida Number One.

Anti-transpirants and organic mulches are not required in the
ordinance but are suggested for use. Anti-transpirants are useful
in reducing the transpiration rate of plant material during the
installation process, but since it resembles water, application is
difficult to detect and enforcement would be impossible. Hence, if
it was required on all landscape projects, a problem may arise from
disreputable installers, and compliance inspectors would find it
difficult to ascertain compliance. Therefore, it is encouraged,
but not required. Colloidal phosphate is a water retention aid,
added to the soil to enhance the establishment of newly installed
plant material. Organic mulches reduce weed growth and also aid in
water retention. Both substances are important for healthy plant
growth and their use is encouraged.

Section 12. Maintenance Standards for Cultivated Landscape Areas.

Maintenance standards and inspections are required for
cultivated landscaped areas. Inspections by code enforcement or
other officials make sure that required landscaped areas are kept
healthy from exotics and weeds, as well as safe for residents
(hazardous trees and branches removed, etc.) The ordinance
requires a maintenance bond be posted with the municipality.
Should the landowner fail to maintain the vegetation, the
municipality has recourse.

The ordinance sets forth general standards for pruning,
mowing, edging, watering, and weeding to maintain a healthy
landscape environment.

Section 13. Irrigation Design Standards

Irrigation systems and can be very beneficial if used
properly. The ordinance requires those landowners using irrigation

systems to meet certain criteria. Irrigation of reestablished
native areas is only permitted during plant establishment.
Irrigation is prohibited for existing natural plant communities,
maintained in their natural state. The zoning of irrigation
systems requires that nozzles for high water demand areas be
separate from low water requirement areas. Systems with timers and
moisture sensing devices are encouraged for use. The ordinance
also requires that where practical, systems be set to avoid water
overthrow onto impervious surfaces.

Water which does not meet drinking standards can be used for
lawn and landscape watering. The ordinance requires this
"reclaimed" water be used in areas where it is available.

Section 14. Xeriscape Principles.

Xeric plants thrive on limited amounts of water, and
xeriscaping is the practice of using plant materials that require
a minimum amount of water for survival. The use of xeric native
plants is encouraged in the ordinance to promote water
conservation. Site design standards for water conservation are
included in the ordinance. Lawn grass (sod) takes higher amounts
of water to thrive than do understory and other types of ground
cover, and minimizing lawn areas not only saves water but mowing
efforts as well. Therefore, the ordinance contains maximum use
requirements for lawn grass. Shade trees help lower understory
plants retain their moisture by shading and reducing transpiration
(water loss) from understory leaves.

The ordinance suggests the use of pervious paving materials
where possible. The use of pervious materials provides a rigid
pavement while at the same time reducing run-off that carries oil,
gas, and other pollutants.

Section 15. Vehicular Use Area Landscaping Requirements..

Landscape for parking lots serves the public in numerous ways.
Most people perceive parking lots as unattractive, necessary evils.
However, attractive plants and trees can make a barren, unsightly
lot shadier, cooler', and more aesthetically pleasing. The
ordinance requires a landscape buffer around the perimeter of a
parking lot, reducing noise, pollution and headlight glare in
adjacent areas (Fig. 17).

The ordinance stipulates a certain percentage of the lot be
devoted to landscape planting. Some parking lot ordinances dictate
there must be a landscape island for every certain number -of
parking spaces. However, if a landowner has a stand of trees he
would like to protect, the ordinance maintains the flexibility to
allow this type of conservation. The provision in the ordinance

that no parking space be more than a certain distance f rom a
landscape area gives the landowner flexibility allowing him to
preserve that stand of trees if he so chooses. He can then design
and construct his parking area with this in mind (Fig. 18).

Plants able to withstand extreme conditions of automobile
exhaust, dirt, and soot need to be included on the municipality's
Plant List. The owners of large commercial and industrial parking
lots often do not have the time nor the inclination to devote a lot
of time to parking lot landscape maintenance. Therefore, a mixture
of native and xeric plants is made a requirement due to the fact
that after established, they require relatively low maintenance.

compliance is required by the ordinance before a Certificate
of Occupancy or Certificate of Completion is issued. This
requirement ensures that all landscaping will be in place as
required. Non-conforming existing lots are "grandfathered" unless
and until the parking lot is expanded. If the lot is expanded, at
least 50% compliance is required. This clause prevents increasing
the area of the lot little by little without installing
landscaping. Again, a performance bond is required to assure
compliance.

Section 16. Environmentally Sic[nificant Lands.-

Open space in the community may consist of one or more, or
none of the ecosystems commonly found on the barrier island.
Healthy, viable ecosystems support a variety of vegetation and
wildlife, co-dependent on each other. Birds consume seeds and
berries, and act as dispersal mechanisms for those seeds, allowing
the plants to repopulate. other similar relationships exist - the
animals and the plants are intertwined.

Protection of endangered, threatened and species of special
concern is overseen by various agencies making it a crime to kill,
harm or harass those species on its list. The ordinance requires
applicants to provide an assessment, verification, or permits from
these agencies prior to the municipality's review of the project.

Beach and dune systems of the municipality are afforded
protection by the ordinance with the establishment of a "Dune
Stabilization Setback Line". The ordinance specifies activities
allowed and prohibited seaward of this line. The ordinance
addresses requirements for dune walkover structures, allowance for
disturbance of the dune system and associated vegetation, motorized
vehicle prohibitions and methods for beach cleaning. Native dune
vegetation is required for all restoration and stabilization
projects. Seagrass bed protection is also addressed in the
ordinance.

The ordinance includes mangrove regulations, indicating the
conditions and the degree to which mangroves may be trimmed,

altered, or removed, as well as disposition of the debris. Leaves
and small branches of mangrove are deposited back into the system,
mimicking normal dropping of branches and leaves, returning the
organic material to the system for recycling. Larger branches
(those that would not fall off under normal circumstances) are
deposited upland so as not to interfere with the natural movement
of water through the system. Removal of mangroves for vehicular
access and "reasonable use of property" is permitted by the
ordinance under specific circumstances. The ordinance prohibits
herbicide and chemical defoliant use to prevent damage to adjacent
vegetation.

Wetlands are regulated by the U.S. Army corps of Engineers as
well as by the state Department of Environmental Protection and
jurisdictional water management districts. Therefore, they have
the primary authority over activities in wetland areas. The
ordinance allows the municipality to approve or deny a permit based
on other agencies findings. Should the other agencies approve a
project, the ordinance also allows the municipality the option to
prohibit the project or activity. Mitigation plans are required by
the ordinance and ratios are kept high to encourage keeping
existing wetland habitats intact.

Native oak scrub and maritime forests are already non-existent
in some communities and are quickly disappearing in others. Both
ecosystems are home to a myriad of species, including the
threatened Florida scrub jay and gopher tortoise who both need
scrub habitat to survive. The ordinance allows extra points for
landowners who preserve such habitats, and all land clearing and
landscaping regulations in the ordinance are applicable to
development activities on these lands.

The ordinance requires upland buffers to protect shorelines
from adjacent development impacts that may cause degradation of
water quality.

Section 17. variances and waivers.

Variances and waivers are included in the ordinance to provide
for unseen circumstances and other situations where strict
adherence to the ordinance would cause undue and/or unreasonable
hardship, or have an adverse affect on the health, safety, and
welfare of the public.

Section 18. Emergencies.

The ordinance makes waiver provisions for emergency situations
where immediate action is necessary to avoid public harm.

Section 19. Revocation.

This clause is included in the ordinance to allow the
authorities to revoke an issued permit for fraud,
misrepresentation, or violations of the conditions of the
ordinance. This prevents an applicant from presenting the
necessary paperwork (landscape plans, etc.), obtaining a permit,
and not performing the work as set forth. The municipality then
has the authority to place a cease work order on the development
site.

Section 20. Appeal.

The procedures to appeal a decision made by the municipality
are detailed in this section of the ordinance. In the appeal
process, the applicant presents his/her case to the Board of
Adjustment who makes a binding decision based on the material facts
of the case.

Section 21. Penalties..

This section describes the penalties involved for violation of
the provisions of the ordinance. Monetary and jail fines are
stipulated for offenses. one drawback to monetary fines is that
the amount of the fines may often be viewed by a large developer as
simply a cost of doing business and not a real deterrent. Consent
is provided for in the ordinance to be used if the landowner
decides he does not like the species of tree presently existing on
the parcel and wishes to plant other types. This gives the owner
the flexibility to plant species he prefers, as long as they are
listed on the municipality's Plant List. When it becomes necessary
to place a monetary value on the vegetation, the value of a
particular tree or shrub must be determined. This is done by
determining the price of the vegetation by averaging values
obtained from two local nurseries.

The ordinance provides for any monies received in the way of
fines to be placed in a separate escrow account and used for the
purchase of environmentally sensitive lands and the restoration of
native habitats on public lands. Should the landowner fail to
comply with the scope and intent of the ordinance by landscape or
habitat degradation, the fines levied will help offset this loss.
The municipality can use the monies to purchase lands that might
have been otherwise financially unobtainable.

Section 22. Severability.
40 This section states that if one part of the ordinance is found
by a court to be invalid or unable to be upheld, the rest of the
ordinance is not affected.

0 15

REFERENCES

Bullard, L., ed., 1980. Urban Trees for Florida. Florida
Department of Agriculture and Consumer Services, Tallahassee, FL.

Corwin, M.A. 1978. Parking Lot Landscaping. American Planning
Association, Planning Advisory Service Report Number 335.
Chicago, IL.

Duerksen, C.J. 1993. Tree Conservation Ordinances. American
Planning Association, Planning Advisory Service Report Number
446. Chicago, IL.

Duerksen, C.J. 1986. Aesthetics and Land-Use Controls. American
Planning Association, Planning Advisory Service Report Number
399. Chicago, IL.

Grey, G.W. and F.J. Deneke. 1992. Urban Forestry... Krieger
Publishing Company, Malabar, FL.

Martz, W.A. and M. Morris. 1990. Preparing a Landscape
Ordinance. American Planning Association, Planning Advisory
Service Report Number 431. Chicago, IL.

McPherson, E.G., D.J. Nowak, and R.A. Rowntree. 1994. Chicago's
Urban Forest EcosVstem: Results of the Chicago Urban Forest
Climate Prolect. Gen. Tech. Rep. NE-186. Radnor, PA: U.S.
Department of Agriculture, Forest Service, Northeastern Forest
Experiment Station.

Price, J. 1994. Survey Shows Support for Stronger Tree
Protection Laws. City Watch, Issue Number 7, Winter/Spring 1994.
Asheville, NC.

Price, J. 1994. Trees In Your Communitv - An Important But
Disappearing Resource. City Watch, Issue Number 8, Summer 1994.
Asheville, NC.

MODEL HABITAT PROTECTION
AND
LANDSCAPE ORDINANCE
0'

MODEL HABITAT PROTECTION AND LANDSCAPE ORDINANCE

TABLE OF CONTENTS
SECTION PAGE

1. INTENT . . . . . . . . . . . . . . . . . . . . . . . . . 1

2. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . 1

3. APPLICABILITY . . . . . . . . . . . . . . . . . . . . . 9

4. GENERAL PERMIT PROVISIONS . . . . . . . . . . . . . . . 9

5. APPLICATIONS . . . . . . . . . . . . . . . . . . . . . 10

6. NATIVE HABITAT PRESERVATION/RESTORATION AREAS . . . . . 13

7. PERMIT CONDITIONS . . . . . . . . . . . . . . . . . . . 15

8. GRUBBING/LAND CLEARING PROVISIONS . . . . . . . . . . . 18

9. SITE PROTECTION . . . . . . . . . . . . . . . . . . . . 19

10. LANDSCAPE REQUIREMENTS . . . . . . . . . . . . . . . . 20

11, PLANT MATERIAL AND INSTALLATION STANDARDS , * * , * * , 28

12. MAINTENANCE STANDARDS FOR CULTIVATED LANDSCAPE AREAS . .29

13. IRRIGATION DESIGN STANDARDS . . . . . . . . . . . . . . 31

14. XERISCAPE PRINCIPLES . . . . . . . . . . . . . . . . . 33

15. VEHICULAR USE AREA LANDSCAPING REQUIREMENTS . . . . . . 35

16. ENVIRONMENTALLY SIGNIFICANT LANDS . . . . . . . . . . . 38

17. VARIANCES AND WAIVERS . . . . . . . . . . . . . . . . . 55

18. EMERGENCIES . . . . . . . . . . . . . . . . . . . . . . 55

19. REVOCATION . . . . . . . . . . . . . . . . . . . . . . . 55

20. APPEAL . . . . . . . . . . . . . . . . . . . . . . . . 55

21. PENALTIES . . . . . . . . . . . . . . . . . . . . . . 56

22. SEVERABILITY . . . . . . . . . . . . . . . . . . . . . 56

MODEL HABITAT PROTECTION AND LANDSCAPE ORDINANCE

SECTION 1. INTENT

It is the intent of this chapter to protect and enhance the
existing habitat and wildlife of the barrier island by creating
habitat preservation areas and preserving native vegetative
communities through tree protection and landscaping practices. It
is also the intent of this chapter to promote water conservation
through xeriscape practices, to maintain open areas for groundwater
recharge, to reduce air and water pollution through the filtering
capacities of vegetation, to promote energy conservation through
the creation of shade, and to provide physical and psychological
benefits to the public by reducing noise and glare, and improving
the appearance of a developed community.

SECTION 2. DEFINITIONS

Unless specifically defined in this section, words or phrases
used in this chapter shall be interpreted so as to give them the
meaning they have in common usage and to give this chapter its most
effective application, in consideration of its stated intent.

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

Bracing: To provide upright support to a newly planted tree
or shrub, accomplished in such a fashion as to not girdle,
scar, perforate or otherwise inflict damage to the tree or
shrub.

Bona fide agricultural purposes: Good faith commercial or
domestic agricultural use of the land. In determining whether
the proposed agricultural use of the land is bona fide, the
following factors shall be taken into consideration by the
administrator:

(1) Whether the property could qualify as a bona fide
agricultural purpose within the meaning of Florida
Statute Section 193.461(3)(b);

(2) The relationship of the property to the
municipality/ county comprehensive plan;

(3) The zoning of the property. The current zoning of
the property shall be agricultural (Au).

Botanical garden: Any publicly owned real property used for
the cultivation of plants for display or scientific research.

Buffer, perimeter landscape: A continuous area of land which
is required to be set aside along the perimeter of a property
line in which landscaping is used to provide a transition
between and to reduce the environmental, aesthetic, and other
impacts of one type of land use upon another.

Caliper: The trunk diameter of a tree measured three (3) feet
above the average ground level at the base of the tree.
Provided however, if the tree forks above three and one-half
(3 1/2) feet above ground level, it is measured below the
swell resulting from a double stem. Caliper also refers to
the instrument used in the process of measuring the diameter
of a tree or log.

Canopy: The area shaded by the crown of a mature tree,
consisting of the limbs, branches, and leaves.

Citrus grove: A collection of trees used for the purpose of
producing fruit, provided such groves are used for bona fide
agricultural purposes only.

Commercial nurserv or tree farm; A licensed plant or tree
farm in relation to those trees planted and growing on the
premises of said licensee, which are so planted and growing
for the sale or intended sale to the general public in the
ordinary course of said licensee's business and land use
category.

Crown: Main mass of branching of a plant above ground.

Cultivated landscape area:. Planted areas that are frequently
maintained by mowing, irrigating, pruning, fertilizing, etc.

Developer:- Any person undertaking any development or
development activity (as defined below) subject to an
application as described in this chapter.

Development or development activity:

(1) The construction, installation, alteration,
demolition or removal of a structure or an
impervious surface.

(2) Clearing, scraping, grubbing or otherwise removing,
altering or destroying the vegetation of a site.

(3) Adding, removing, exposing, excavating, leveling,
grading, digging, burrowing, dumping, piling,
40 dredging, or otherwise significantly disturbing the
soils or altering the natural topographic
elevations of the site.

Development permit: The formal permission to perform any
development or development activity within the municipality
/county.

Diameter at Breast Height (DBH): The diameter of the tree
trunk of a tree measured four and one-half (4 1/2) feet above
natural or development grade. In the case of a tree with
multiple main stems, the diameter shall be the sum of the
diameter of the stems.

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

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

Effectively remove: To trim or prune to the extent that a
plant's natural function is severely altered, and its
viability is compromised to the extent that death of the plant
is likely.

Endangered, threatened or species of special concern: Plant or
wildlife species listed as endangered, threatened or of
special concern by any one of the following agencies and/or
jurisdictions:

(1) U.S. Fish and Wildlife Service;
(2) Florida Game and Freshwater Fish Commission;
(3) Florida Department of Agriculture and Consumer
Services;
(4) Florida Committee on Rare and Endangered Plants and
Animals;
(5) The jurisdictional water management district;
(6) Florida Department of Environmental Protection;
and/or C
(7) The jurisdictional municipality/county.

Environmentally Significant Lands: Geographic areas which are
certified or designated to contain native habitat and/or
endangered, threatened, or species of special concern.

Exotic Plant(s): An alien plant, brought in from the part of
the world where it was native, either purposefully or

accidentally. It then escaped into the wild in Florida where
it reproduces either sexually or asexually. It may become
invasive, competing against native plants for water,
nutrients, and light.

Ground cover: Low-growing plants, other than turf grass, sod,
or deciduous varieties, installed to form a continuous cover
over the ground and reaching an average maximum height of not
more than twenty-four (24) inches at maturity.

Grubbing: The effective removal of understory vegetation from
a site.

Habitat: The physical environment which supports and is
integrated with the coexisting natural plant and animal
communities.

Hedge: A landscape barrier consisting of a continuous, dense
planting of shrubs with a minimum height of twenty-four (24)
inches measured from ground level at the time of planting.

Historical tree: A particular tree or group of trees
designated by competent authority to have notable historical
interest and value to the municipality/county because of its
unique relationship to the history of the region, state,
nation, or the world.

Irrigation system: A permanent, artificial watering system
designed to transport and distribute water to plants.

Landscape tree: A tree which is a minimum caliper of one and
one-half (1 1/2) inches and eight (8) feet tall at time of
planting and is a Florida Department of Agricultural Nursery
Grade No. 1 or better.

Landscaping: Any combination of living plants (such as grass,
ground cover, shrubs, vines, hedges, or trees) and nonliving
landscape material (such as rocks, pebbles, sand, mulch,
walls, fences, or decorative paving materials), as well as
preserved vegetation.

Manactement plan: A formally written instrument that describes
the means or becomes the device to accomplish the desired
preservation and maintenance of a specific tract of land
and/or its inhabitants including the ongoing control of all
invasive non-native plant species.

Mangrove: A tidal or salt water wetland containing any rooted
trees or seedlings, of any size, comprised of the following
species: White mangrove (Laguncularia racemosa) , Red mangrove
(Rhizophora mangle) . Black mangrove (Avicennia germinans) and
associated species Buttonwood (Conocarpus erectus) This

definition is to include all subspecies and varieties of the
listed species as well as their synonyms.

Mulch: Nonliving organic and synthetic materials customarily
used in landscape design to retard erosion and retain
moisture.

Native Florida ecosystem: A self-organized ecosystem,
consisting of living organisms (plants, animals,
microorganisms) and non-living components (soil, water, air,
etc.) that functions as a dynamic whole through organized
energy flows which are characteristic of the communities
existing in Florida prior to European colonization and
containing predominantly native species. Native Florida
Ecosystem is not to be confused with original Florida
communities. Ecosystems, containing listed species, which
exist on previously altered land also fall into the
definition; a parcel which has been altered may still support
listed species or regenerate to native community, although the
ecosystem may differ from that which was originally on site.

Native habitat preservation/ restoration area: An area that is
free of development and is set aside as open space to provide
natural habitats for wildlife and vegetation.

Native vegetative communities: Native vegetative communities
are those plant communities naturally occurring in the State
of Florida. Native vegetative communities shall include but
not be limited to coastal strand, hammock, mangrove forest,
pine flatwoods, xeric scrub, wetlands, beach, dunes, maritime
hammock, sand pine scrub, marine seagrass beds, etc.

Non-native Plant(s): See definition for "exotic plant(s)".

Open space: All areas of natural plant communities or areas
replanted with vegetation after construction, such as:
revegetated natural areas, tree, shrub, hedge or ground cover
planting areas and lawns.

Ornamental: A shrub or deciduous tree planted primarily for
its ornamental value or for decorative purposes.

Palm: An evergreen, compound leafed tree belonging to the
Palmaceae family.

Parcel: A unit of land within legally established property
lines. If, however, the property lines are such as to defeat
the purposes of these regulations or lead to absurd results,
a parcel may be as designated for a particular site by the
appropriate authority.

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

Plant community: A natural association of plants that are
dominated by one or more prominent species, or a
characteristic physical attribute.

Plant material: Plants which conform to the standards for
Florida No. 1, or better, as given in the existing "Grade and
Standards for Nursery Plants," State of Florida, Department of
Agriculture, Tallahassee or equal thereto at the time of
purchase of plant material.

Plant species, prohibited:. Those plant species which are
demonstrably detrimental to native plants, native wildlife,
ecosystems, or human health, safety, and welfare.

Prescribed burning: The process of periodically and
deliberately burning a pineland or scrub community in a
controlled manner under specified weather and understory
moisture conditions for the purpose of maintaining the
pineland or scrub community in a natural condition and for
promotion of pine regeneration and wildlife habitat
enhancement; required to be permitted and coordinated with
the municipal/county fire department.

Preserve area: An area designated and set aside for the
protection of natural resources; that portion of native
vegetation which is required to be set aside from development
or other alteration activities, protected from the removal of
any native tree or understory or ground cover species, managed
to maintain viability for wildlife habitat, and maintained
free of all non-native invasive exotic plant species.

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. Options and/or variations of these methods may be
permitted upon written request if they satisfy the intent of
this chapter.

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.

Shade tree: A self-supporting woody plant of a species
normally growing to a mature height of at least twenty (20)

feet, and is well-shaped, well-branched, and well-foliated,
normally developing an average mature spread of crown greater
than 20 feet.

Shrub: A self-supporting woody plant of low to medium height
characterized by multiple stems and branches continuous from
the base, arising from the main root. Usually not more than 10
feet in height at its maturity

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

Site specific planting: The selection of plant material that
is particularly well suited to withstand the urban soil
conditions.

Size classification for trees: Trees shall be classified as
follows:

(1) Large trees - average mature height of a minimum of
twenty-five (25) feet to over sixty (60) feet and
above.

(2) Medium trees - average mature height of a minimum
of twenty (20) feet.

(3) Small trees - average mature height of a minimum of
ten (10) and less than twenty (20) feet.

(4) Palms - all heights of clear wood, measured from
the natural or development grade.

Specimen tree: A tree which has been determined by the
judgement of a suitable professional registered in the State
of Florida or other duly recognized person to be of high
aesthetic, ecological, noteworthy, and/or historical 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 of high aesthetic, ecological,
noteworthy, and/or historical value by the judgement of a
suitable professional registered in the State of Florida or
other duly recognized person. Determination is based upon the
following criteria:

(1) A relatively mature even aged stand; or

(2) A stand with purity of species composition or of a
rare or unusual nature; or

(3) A stand with exceptional aesthetic quality; or

(4) A stand which provides wildlife habitat diversity
which is important for species existence; or

(5) A stand of trees deemed to be of noteworthy or
historical value.

Speculative grading: The clearing and/or grading of a parcel
or site by the owner or his agent with no intention of
commencing any development on the lot, but simply to make it
more appealing to a potential buyer.

Structure:_ Anything constructed or erected, the use of which
requires a permanent location on the ground or attachment to
something having a permanent location on the ground.

Tree: Any self-supporting woody plant which has a DBH of two
(2) inches or more and which normally grows to an overall
height of at least six (6) feet at maturity.

Tree inventory: A drawing of the appropriate scale, which
provides the following information: Location of trees
protected under the provisions of this chapter, plotted by
accurate techniques; common and scientific (botanical) names
of all trees; and'diameter breast height of each tree.

Understory: Assemblages of natural low-level woody, herbaceous
and ground cover species which exist in the area below the
canopy of the trees.

Upland buffer: A continuous area of land required to be set
aside immediately adjacent to a shoreline which is used to
protect shoreline vegetation, wildlife and water quality from
adjacent land development.

Vegetation, native: Any plant species with a geographic
distribution indigenous to the local community.

Vehicular use area: Shall be construed to mean and include 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.

Viable: A tree, shrub, or other type of plant that is capable
of sustaining its own life processes, unaided by man, after
one year.

Wetland: Shall mean all those waters, fresh, brackish and/or
saline, or areas which are inundated or saturated by surface
or groundwater at a frequency and duration sufficient to

support, and that under normal circumstances do support, a
prevalence of vegetation and/or aquatic life requiring
saturated or seasonally saturated soil conditions for growth
and reproduction. The methodilogy for determining the limits
of the landward extent of wetlands shall be consistent with
that currently employed by the State of Florida which includes
vegetative indicators, soil type indicators and hydrology.
Such wetland vegetative indicators shall be those species
listed in the Florida Administrative Code. Wetlands include,
but are not limited to, rivers, lakes, streams, springs,
impoundments, swamps, marshes, bogs, wet meadows, sloughs, mud
flats, hydric hammocks, estuaries, cypress heads, mangrove
forests, bayheads, bayous, bays, and open marine waters,
including sea grass beds, whether on private or public lands
and whether they are man-made or natural. Wetlands shall not
include stormwater retention ponds.

Xeriscape:-Landscape methods which conserve water through the
use of drought tolerant plants and planting techniques.

SECTION 3. APPLICABILITY

(a) General. The terms and provisions of this chapter shall apply
to all zoning categories for both developed and undeveloped land
and property and for building permits for major renovation.
Botanical gardens, citrus groves, city and/or county licensed
commercial nurseries and tree farms as defined herein are exempt
from the requirements of this chapter. Lands zoned agricultural
use (AU) shall be exempt if being used for bona-fide commercial or
domestic agricultural use as herein defined.

(b) Existing Non-Conforming Parcels. All existing parcels which
do not comply with the requirements of this chapter shall be
required to comply whenever development or construction results in
a twenty-five percent (25%) or more increase in the existing
structure or development footprint. All landscaping for the
improved/altered structure or footprint shall comply with all
requirements of this chapter.

SECTION 4. GENERAL PERMIT PROVISIONS

(a) General. on any developed or undeveloped parcel, any person
as defined, subject to the exemptions herein, wishing to conduct
development activity, remove, effectively remove, or relocate a
tree with a trunk diameter of two (2) inches or greater, measured
at DBH, remove vegetation in an upland buffer easement, perform
land clearing or grubbing, remove, trim or prune wetlands, specimen
tree(s), or specimen tree stand(s), or conduct any activity which
may have a detrimental effect on protected vegetation as herein
defined under the provisions of this chapter, shall make

application and obtain a development permit/order as required under
the provisions of this chapter. Failure to obtain a such
permit/order shall be a violation of this chapter.

(b) Speculative grading. Speculative grading shall be strictly
prohibited and no permit will be issued for such activity.

SECTION 5. APPLICATIONS

(a) Procedure. The applicant shall be required to file a written
permit application with the appropriate authority and pay a fee
established by the appropriate authority necessary to cover the
costs of processing. Applications for a permit under the
provisions of this chapter shall be submitted simultaneously with
applications for land development or renovation permits or
approvals if material alteration including, but not limited to, the
removal, relocation or replacement of any vegetation or habitat is
necessitated by land development/renovation. The time for
approving or denying the permit shall be subject to the same time
limitation as a development/ renovation permit. All applications
shall be accompanied by a written statement giving reasons for
alteration of vegetation, fees designated, and required application
data. If the applicant is not the owner of the property, the
applicant must submit a notarized written authorization from the
owner of the property authorizing the applicant to submit and/or
represent the application. Applications shall be field verified by
the appropriate authority.

(b) Exceptions. If the application evaluation criteria of
Section 5(f) shows no significant adverse impact and if one (1) or
more of the following conditions exist, no permit is required:

(1) The vegetation is located in an area where a structure,
utility easement, stormwater and/or drainage structures
or improvements is to be placed according to an approved
community utility plan and:

(2) The vegetation is deemed hazardous by the appropriate
authority, located within three (3) feet of an existing
or proposed structure, interferes with existing utility
service or creates unsafe visual obstruction to traffic
circulation.

(c) Information. The applicant may be required to submit any or
all of the following information at an appropriate scale to the
appropriate authority:

(1) The survey of the parcel, together with the existing and
proposed locations of utilities, wells, structures, and
improvements, if any.

(2) Locations and dimensions of all setbacks and easements on
the survey or required by the reviewing agency.

(3) A topographical survey sealed by an appropriate
professional registered in the State of Florida,
indicating grade changes proposed for the site.

(4) An inventory of existing vegetative communities,
understory, trees and wildlife habitat on site, including
both native and exotic species.

(5) A statement and drawing showing how vegetation will be
protected during land clearing and construction (i.e., a
diagram and notation of a protective barrier as defined
herein).

(6) All proposed replants of trees or other vegetation, by
amount, species, and size, along with the type of ground
cover to be installed, including the proposed new
location for such trees, together with a survey showing
the number of trees to be protected and how such trees
are to be protected during land clearing and construction
activity.

(7) The location of native vegetative communities or buffers
and habitat areas which are on or within ten (10) feet of
the property line of the parcel being developed.
ID (8) A list of known animals known to inhabit or otherwise
utilize the site for food, nesting, or cover, including
any endangered, threatened and species of special concern
located on site.

(9) A soils map of the area.

(10) A map showing the natural drainage of the area and if
applicable, wetlands, shorelines of streams, canals,
estuaries, or drainageways, gulf and ocean waters and the
mean high water line.

(11) A statement indicating that the activity to be undertaken
is consistent with the policies of the local
comprehensive plans.

(d) Additional site plan. or plat approval requirements.
Applicants for sites requiring site plan or plat approval, as
required by the subdivision regulations, shall submit a survey
sealed by an appropriate professional registered in the State of
Florida, which shows the information required in section 5(c)(1)
through (11) and an aerial photograph of suitable quality and scale
or a video, to facilitate application review. A vegetation,
habitat and tree inventory will be required on all areas for which

permit authorization is being requested other than areas previously
approved.

(e) Information waiver. In the event there are no trees or
vegetation located on or within ten (10) feet of the property line
of the parcel to be developed which are protected under the
provisions of this chapter, the applicant shall so state in his
application for a development permit. If the statement is
substantiated by the appropriate authority, the applicant shall
then vegetate the area according to the landscape requirements
designated in this chapter.

M Evaluation criteria. In addition to the other requirements
of this chapter, the appropriate authority shall consider the
following in granting or denying a permit:

(1) Soil stabilization: Whether the removal of tree(s) or
other vegetation will result in uncontrollable and/or
substantial erosion of soils into surface waters, or
adjacent properties.

(2) Water quality and/or aquifer recharge: Whether the
removal of tree(s) or other vegetation will lessen the
ability for the natural assimilation of nutrients,
chemical pollutants, heavy metals, silt and other noxious
substances from ground and surface waters.

(3) Noise pollution: Whether the removal of tree(s) or other
vegetation will significantly increase ambient noise
levels to the degree that a nuisance is anticipated to
occur.

(4) Wildlife habitat: Whether the removal of tree(s) or other
vegetation will significantly reduce available habitat
for wildlife existence and reproduction, or are likely to
result in the emigration of wildlife from adjacent or
associated ecosystems.

(5) Aesthetic degradation: Whether the removal of tree(s) or
other vegetation will have an adverse affect on community
scenic views and vistas or on other existing vegetation
or wildlife habitat in the vicinity.

(6) Comprehensive plan: Whether the Habitat Protection and
Landscape plan is consistent with the policies of the
municipality/county's comprehensive plan.

(7) Endangered, threatened and species of special concern:
Whether the removal of tree(s) or other vegetation will
significantly affect endangered, threatened, or species
of special concern when reasonable scientific judgement
indicates:

a. The tree(s) or vegetation provides a function
including nesting, reproduction, critical food
source, critical habitat or cover for these
species; or

b. Vegetation within the plant community itself
is endangered, threatened, or a species of
special concern.

(8) Whether final grade (elevation) changes will have a
significant effect, either adverse or positive, on the
viability of both existing and proposed vegetation.

(g) Denial. The appropriate authority shall specifically state
the basis for denial of a permit and shall notify the applicant of
the basis for denial using the criteria listed in this section.
The authority shall also state the applicant's right to appeal, or
provide alternative methods in order to maintain compliance with
this chapter.

SECTION 6. NATIVE HABITAT PRESERVATION /RESTORATION AREAS

(a) Purpose. It is the purpose of a native habitat
preservation/ restoration area to provide for the conservation of
viable wildlife habitats and representative native vegetation
communities. The protection of these areas will help to ensure
that adequate feeding, nesting and cover necessary for the
continued survival of native wildlife species is available while
protecting naturally occurring vegetative communities. The areas
also provide visual screening, improved water quality, water
conservation, groundwater recharge and climate moderation.

(b) Criteria. Any multifamily, commercial or industrial
development shall preserve a minimum of twenty-five percent (25%)
of the native habitat and vegetative community area of a parcel as
a preservation area. Development of single and two-family homes on
sites of five (5) acres or more shall preserve a minimum of twenty-
five percent (25%) of the parcel as a preservation area. Single
and two family homes developed on sites of less than five (5) acres
but at least one-half (1/2) acre shall preserve a minimum of
fifteen percent (15%) of the parcel as a preservation area. Single
and two family homes developed on sites of less than one-half but
greater than one quarter (1/4) acre shall preserve a minimum of ten
percent (10%) of the parcel as a preservation area. Single and two
family homes on less than one quarter (1/4) acre are exempt from
the preservation requirement. The preservation area shall be
protected during and after site development. The preservation area
for one (1) or more parcels may be provided on one (1) or more
other parcels if all parcels are contiguous and are considered as
a single, master planned development under unified control.

(c) Required management plan. For all areas of required preserved
plant communities, the owner shall submit for the approval of the
municipal ity/county, a narrative management plan indicating the
manner in which the owner will preserve the native plant
communities for habitat protection or restoration. The narrative
shall include:

(1) Whether or not the existing vegetation is to be preserved
in the existing species composition.

(2) If applicable, the manner in which the composition of
existing plant material is to be preserved (hand removal
of invasive species, prescribed burning, etc.).

(3) The maintenance schedule for the removal of invasive
exotic species.

(4) The maintenance schedule for the removal of debris.

(5) Other information required by the municipal ity/county
which is reasonable and necessary to a determination that
the management plan meets the requirements of this
chapter.

(d) Parcel location. The preserved/restored native habitat
parcel area shall be located in a manner which maximizes the
contiguity and retention of native vegetation including understory
vegetation.

(1) Where wetland vegetation exists and buffers are provided,
the preservation area shall, wherever feasible, be contiguous
to the buffer. Upland buffers required pursuant to Section 16
(h) shall be credited toward the applicable percentage (25%,
15%, or 10%) criterion of this section. Upon submittal of a
development order, the appropriate authority shall inspect the
parcel and use the criteria of Section 5 (f) to evaluate the
native habitat and vegetative community area(s) of the parcel.

(2) Where preservation of the required percentage of the
native community on-site is not feasible given site specific
characteristics, the municipal ity/county shall permit of f-site
preservation and/or habitat creation (type-for-type) as an
alternative to the on-site preservation requirement. As an
incentive to preserve contiguous tracts which provide more
habitat value than isolated pockets of set-aside areas, the
municipality/county shall allow a percentage reduction to a
minimum of ten percent (10%) of the cumulative native plant
community acreage, for those preserve areas that are set aside
as a contiguous tract.

(e) Maintenance of natural plant communities

(1) General. All open space areas that are to be preserved as
natural plant communities shall be thinned a minimum of once
a year of all exotic vegetation, lawn grasses, trash and other
non-native or exotic debris.

(2) Mechanical equipment shall not be used. There shall be
no use of mechanical equipment in accomplishing the
maintenance of preserved plant communities unless specifically
authorized in the management plan or approved by the
appropriate authority.

(3) Natural plant communities. All natural plant communities
shall be managed in order to maintain the native vegetation
indigenous to the ecosystem designated to be preserved, ie.
xeric scrub communities, coastal strand, dunes, mangroves,
coastal/tropical hammocks, pine flatwoods, etc.

a) Set aside areas as required by this chapter shall
be preserved in viable condition with intact
canopy, understory, and ground cover, and shall be
protected by the filing of a conservation easement.

b) Annually, the appropriate authority shall make
periodic inspections of the natural areas
to verify the owner's adherence to the
approved management plan as specified in
Section 6(c).

(f) Monetary remuneration in lieu of preservation. Development
projects proposed for lands currently consisting of native upland
plant communities may, as an alternative to the required percentage
of preservation of the on-site community, pay a fee equivocal to
(the assessed value of one acre of the project site) X (the number
of acres of habitat type that would otherwise have been set aside
as the required percentage of preservation) . This fee shall be
payable to the municipality/county prior to the issuance of a land
development permit and shall be used by the municipal ity/county for
acquisition of comparable native habitat preserve areas and for
management of such lands.

(g) Credit towards other requirements. The preserved set aside
area(s) shall be allowed as a credit toward other municipal land
development regulations such as landscape, buffer, and open space
requirements, and minimum yard setback requirements.

SECTION 7. PERMIT CONDITIONS

The appropriate authority may attach any or all of the
following conditions to a permit provided the conditions further
conservation and restoration of natural habitat areas.

(a) Tree and understory replant reguirements.

(1) During development the applicant shall be required to
relocate the tree(s) and understory being removed where
practical. If it is not practical to relocate the tree(s),
the applicant shall be required to replace the trees up to a
maximum of inch-for-inch, measured at DBH, providing that
after construction, adequate planting space remains to allow
for proper development of the tree(s). If it is impractical
to relocate understory plants, the applicant shall be required
to replace the understory plants in an amount at least equal
to the square footage of the understory that was removed.

(2) More than one (1) replant tree may be used to replace a
removed tree provided that the combined diameters thereof are
at least equivalent to that tree which is to be removed.

(3) Every effort shall be made to replant the same species of
removed tree or understory plant providing it does not appear
on the Florida Exotic Pest Plant Council's (EPPC) Category I
list. Removed trees and/or understory plants that appear on
the EPPC Category I list shall be replaced with species
appearing on the municipality/county's Plant List.

(4) When it is determined there is significant loss of
natural tree canopy or specimen trees on a particular site,
the size of replacement trees may be increased by up to twice
the minimum DBH.

(5) The actual number of tree replants shall be determined
based upon replant tree size and species, location of
planting, existing trees on or near the site and open space
availability.

(6) Priority will be placed on saving specimen trees.

(7) Replant vegetation species shall:

a. Be compatible with soil conditions and adjacent native
plant communities.

b. Trees shall have at least equal shade potential and
other characteristics comparable to trees removed. This
means that canopy trees shall not be replaced with
understory trees, for example.

(8) All required replant tree(s) and understory must be
maintained in good condition and planted in locations with
adequate open space to allow mature tree canopy development.

(9) Each replant tree classified as small shall be planted
within a minimum five foot by five foot landscape area. Large

and medium trees shall be planted within a minimum ten foot by
ten foot landscape area. For those species with known large
root systems, the minimum required landscape area will be
increased to a size necessary for proper root formation for
that particular species.

(10) Wherever possible, replant trees shall be located to
avoid underground and overhead utilities. To ensure proper
development of the tree's crown, no shade tree shall be
planted closer than fifteen feet (151) on center.

(11) Where new trees are installed, they shall be braced to
provide sufficient time for their root systems to become
firmly established, after which such bracing shall be removed.
To ensure survival of the tree, the Tree Protection Manual for
Builders and Developers (FL Department of Agriculture) , shall
be used as a guide to best management practices. Failure to
plant or maintain required replant trees in good condition for
one (1) year will be a violation of this chapter on a per tree
basis.

(12) Existing trees on-site which meet the minimum standards
of a replant tree in terms of size, species, quality, and
location will count toward the replant requirements.

(b) Special design criteria. Where topographic grade changes
necessitate such, the applicant shall provide special
@onstruction techniques and designs where necessary to
increase oxygen exchange and water and nutrient availability
to trees and understory such as but not limited to tree wells,
turf or paving block, aeration systems and stem walls.

(1) The municipal ity/county shall maintain a Plant List
identifying plants compatible with local soils and climatic
conditions including salt tolerance, sun and heat exposure,
and mean low temperature. All required landscape plants must
be selected from the Plant List. Plant material shall be
selected that is best suited to withstand the soil and
physical growing conditions on the project site. Plant
species that are freeze and drought tolerant are preferred.
Protection and preservation of native species and natural
areas is encouraged.

(2) The municipality/county shall utilize the Florida Exotic
Pest Plant Council's (EPPC) most recent published list of
Florida's most invasive plant species. No plants listed as
Category I may be planted. It shall be at the discretion of
the municipal ity/county as to the inclusion of species listed
in Category II and/or III as prohibited species.

SECTION 8. GRUBBING/LAND CLEARING PROVISIONS

(a) Grubbing. upon application, review and approval of a
development order, grubbing shall be permitted subject to the
provisions of this chapter. For all developments, with the
exception of single family dwellings and duplexes, an aerial
photograph of suitable quality and scale of the property or a video
of the property shall be required along with a visual inspection by
the appropriate authority before grubbing will be authorized.
Single family and duplex homes are exempt from the aerial
photograph requirement but are required to submit a set of
photographs and/or a video accurately and completely describing the
property before a permit for grubbing will be authorized. As herein
defined, no tree with a DBH of two (2) inches or greater shall be
removed unless an exemption has been approved.

(b) Preliminary land clearing. Upon application, review, and
issuance of a development permit, limited land clearing only shall
be permitted within the designated building footprint and seven (7)
feet from the footprint area as depicted on a preliminary plan, as
required pursuant to the subdivision regulations.

(1) Wetland vegetation. All mangroves and other wetland
vegetation are recognized to be of special ecological value.
No wetland vegetation shall be removed, trimmed, pruned,
chemically treated, filled upon or altered unless executed and
completed in accordance with Section 16(d)(e)(i) and
applicable State and Federal regulations.

(2) Specimen tree/specimen tree stands. It shall be unlawful
to remove, trim, prune, or alter a specimen tree or a specimen
tree stand which has been designated as such under the
provisions of this chapter without a permit issued under this
chapter.

(3) Historical Trees. It shall be unlawful for any person to
cause, suffer, permit or allow the removal of any historical
tree without first obtaining a waiver from the appropriate
authority to conduct the removal.

(4) Stabilization. All sites grubbed or cleared pursuant to
the provisions of this chapter shall be temporarily stabilized
using devices including, but not limited to silt screens,
turbidity screens, hay bales and any other best management
practices to accomplish stabilization during and upon
completion of such grubbing or clearing in a manner to
minimize airborne dust, erosion and off-site sediment
transfer.

(5) Maintenance of dead or damaged trees for habitat
Preservation. Dead or damaged trees which contain bird nests

or otherwise provide natural habitats shall be subject to the
provisions of this chapter. Such dead or damaged trees must
be maintained for habitat preservation purposes unless deemed
by appropriate authority as hazardous to the health, safety,
and welfare of the public.

(6) Prohibited plant species. The exotic plant species listed
below are considered undesirable vegetation due to their
growth characteris tics which may result in human health
problems and the elimination of habitat for more desirable
native vegetative species. Every site on which development
activity occurs shall be cleared of the following species as
a condition of permitting pursuant to this chapter. Effective
removal of these trees, however, shall not require a permit
pursuant to this chapter.

Common Name Botanical Name

Brazilian pepper Schinus
terebinthifolius
Australian pine Casuarina spp.
Melaleuca Melaleuca leucadendron
Laurel fig Ficus microcarpa

(c) Exceptions. In the event of a natural disaster the
provisions of this chapter may be waived by the appropriate
authority. In circumstances causing immediate danger to life
and/or property, verbal authorization by the authority shall be
sufficient. Such verbal authorization shall later be confirmed in
writing by the authority.

SECTION 9. SITE PROTECTION

(a) Vegetation protection during construction

(1) Placement of solvents, material, construction machinery,
or soil. It shall be unlawful for any person engaged in
development activity or land clearing to place solvents,
construction material, construction machinery, or soil
deposits within six (6) feet of the trunk or the dripline, as
defined herein, whichever is greater, of any tree with a DBH
of two (2) inches or greater or within six (6) feet of other
vegetation as required per the provisions of this chapter.

(2) Protective barriers. Prior to land development activity
or land clearing, the owner or his agent shall erect a
suitable protective barrier(s) for all protected vegetation
and plant communities. Placards shall be posted on the
barricades, indicating the purpose of the barriers and the
penalties for unauthorized removal. The protective barrier(s)

and placards shall remain in place until completion of final
lot grading and placement of final ground cover.

(3) Attachments. No attachments or wires shall be attached to
any tree or other protected vegetation.

(4) Burning. No person shall permit any unnecessary fire or
burning within thirty (30) feet of the dripline of a protected
tree.

SECTION 10. LANDSCAPE REQUIREMENTS

It is the purpose of this chapter to establish minimum
standards for the provision, installation, and maintenance of
landscape in order to achieve a healthy, aesthetically pleasing and
safe community by the following means:

1. Water conservation through xeriscape principles: Promote
the conservation of potable and non-potable water by
requiring the preservation of existing plant communities,
and the planting of natural or uncultivated areas,
specifying the use of site specific plant materials, and
establishing techniques for the installation and
maintenance of landscape materials and irrigation
systems.

2. Aesthetics: Improve the aesthetic appearance of all
areas through the incorporation of open space into
development in ways that harmonize and enhance the
natural environment.

3. Environmental quality: Improve environmental quality by
recognizing the numerous beneficial effects of
landscaping upon the environment, including: (1)
improving air and water quality through such natural
processes as photosynthesis and mineral uptake; (2)
maintaining permeable land areas essential to surface
water management and aquifer recharge; (3) reducing and
reversing air, noise, heat and chemical pollution through
the biological filtering capacities of trees and other
vegetation; (4) promoting energy conservation through the
creation of shade, reducing heat gain in or on buildings
or paved areas, and (5) reducing the temperature of the
microclimate through the process of evapotranspiration;
and encouraging the conservation of limited fresh water
resources through the use of site specific plants and
various planting and maintenance techniques.

4. Land values: Maintain and increase the value of land by
requiring landscaping to be incorporated into

development, thus becoming in itself a valuable capital
asset.

5. Human values: Provide direct and important physical and
psychological benefits to human beings through the use of
landscaping to reduce noise and glare, and to break up
the monotony and soften the harsher aspects of urban
development.

6. Preservation of vegetation: Preserve existing natural
vegetation and the incorporation of native plants, plant
communities, and ecosystems into landscape design.

7. Removal of nuisance species: Eradicate or control
certain exotic plant species which have become nuisances
because of their tendency to damage public and private
works, to have a negative effect upon public health, or
to disrupt or destroy native ecosystems.

8. Improved design: Promote innovative and cost-conscious
approaches to the design, installation and maintenance of
landscaping, encouraging water and energy conservation.

(a) Landscape Plan required; landscape permit

(1) General. Prior to the issuance of any building permit, a
landscape plan shall be submitted to, reviewed by, and
approved by the municipality/county.

(2) Nature of required plan. A landscape plan for each
development shall be prepared by and bear the seal of a
Florida Registered Landscape Architect. Single and two-family
dwellings are required to prepare and submit a landscape plan,
but are exempt from the seal requirement.

(3) Contents of landscape plans. The landscape plans shall:

a. Be drawn to scale, including dimensions and
distances.

b. Delineate the existing and proposed parking spaces,
or other vehicular areas, access aisles, driveways,
and similar features.

C. Indicate the location of sprinklers or water
outlets, and irrigation plan to be used (hand
watering, irrigation systems, etc.).

d. Designate by name and location the plant material
to be installed or preserved in accordance with the
requirements of this chapter.

e. Identify and describe the location and
characteristics of all other non-living landscape
materials to be installed.

f. Show all landscape features, including areas of
vegetation required to be preserved, in context
with the location and outline of existing and
proposed buildings and other improvements on the
site, etc.

9- Include a tabulation clearly displaying the
relevant statistical information necessary for the
municipal ity/county to evaluate compliance with the
provisions of this chapter. This includes gross
acreage, area of preservation areas, number of
trees to be planted or preserved, square footage of
paved areas, and such information as the
municipality/county may require.

h. Include a program to eradicate and prevent the
reestablishment of prohibited plant species as
listed in Section 7(c)(2) and Section 8(b)(6).

i. Contain such other information that may be required
by the municipal ity/county that is reasonable and
necessary to determine that the landscape plan
meets the requirements of this chapter

(b) Landscape design standards

The following standards shall be considered the minimum
requirements for the installation of all plant materials within the
municipality/county.

(1) Minimum landscaping requirements. One-hundred percent
(100%) of the parcel must be covered with vegetative cover,
excluding principal structures, accessory structures, vehicle
use areas, and pedestrian walkways. Non-living ground cover
is permitted within planting beds/flower beds provided such
beds do not occupy more than ten percent (10%) of the lot less
excluded impervious areas.

(2) Point system. The minimum landscaping requirements shall
be based upon a point system. For each acre, or fraction
thereof, of the buildable area of the property proposed to be
developed. The applicant must show evidence of an accumulation
of four hundred eighty (480) points per acre or prorated
portion thereof. Said accumulation of four hundred eighty
(480) points per acre shall include at least two hundred forty
(240) points for trees with the landscaped associated area and
two hundred forty (240) points for general landscaping. When

sod is utilized, credit shall not be given for more than
thirty-five percent (35%) of the total landscaping
requirements.

(3) Native vegetation requirements. Of the required four
hundred eighty (480) points per acre, at least two hundred
forty (240) shall be accumulated through use of native
vegetation, as defined herein.

(4) Point schedules. Points may be accumulated by preserving
existing trees and certain native vegetation on site or
planting new trees, or both, under the provisions set forth
herein.

a. Point schedule for Preserved trees.

Points for preserved trees shall be accumulated
toward satisfaction of the four hundred eighty
(480) points requirement, with the required minimum
landscaped area provided, as follows:

Species Size Credit
At Maturity DBH Points

Large/Medium Up to and including 411 15

Greater than 411 up to
and including 811 30

Greater than 811 up to
and including 1611 45

Greater than 1611 60

Small Minimum height 6 feet 10

Palms Minimum height 6 feet 10

b. Required landscape area. For each tree preserved on
site, a minimum associated landscape area must be
provided as follows:

1. Large/medium species classification - One
hundred (100) square feet of associated landscape
area.

2. Small species classification - Twenty (20)
square feet of associated landscape area.

3. Palms - fifty (50) square feet of associated
landscape area.

4. These required minimum associated landscape
areas shall not be used to accumulate points other
than for trees preserved or planted, as specified
herein.

C. Point schedule for planted trees. Where trees are
planted, rather than preserved, to fulfill the four
hundred eighty (480) points requirement, the following
schedule of points shall apply.

-Species Size Required Associated
At Maturity Points Landscaped Area

Large/Medium Trees
Native 10 100 square feet
Non-Native 5

Small Trees 5 20 square feet

Palms 5 50 square feet

Landscaping Materials
Sod 5/100 square feet
Hedges or Shrubs 10/100 square feet
Native Vegetation 10/100 square feet

(5) Tree requirements. Trees used to fulfill the landscaping
requirements herein, whether preserved or newly planted trees,
shall meet the following overall height, diameter (DBH) and
spread requirements, at planting, by species classification.

For Single-Family Residential:
a. Large and Medium Species - Six (6) feet tall with one
(1) inch diameter (DBH) minimum and two (2)
foot spread.

b. Small Species - Six (6) feet tall with one inch
diameter (DBH) minimum and two (2) foot spread.

C. Palms - Six (6) feet tall.

For Multi-Family, Commercial and Industrial:

a. Large and Medium Species - Ten (10) feet tall with
one and one-half (l 1/2) inch diameter (DBH) minimum and
two (2) foot spread.

b. Small Species - Six (6) feet tall with one (1) inch
diameter (DBH) minimum and two (2) foot spread.

C. Palm eight (8) feet tall.

(6) Vegetation of special concern. Points shall be
accumulated toward satisfaction of the four hundred eighty
(480) point per acre requirement for the preservation on site
of any of the following vegetation of special concern:

a. Rare, endangered or threatened plant species as
listed in Volume 5, Plants, Rare and Endangered Biota of
Florida, University Presses of Florida, Gainesville,
Florida, available at the offices of the
municipal ity/county, and as listed in Section 581.185,
Florida Statutes. Points credited for use of these types
of vegetation shall be doubled. No species of mangroves
shall be eligible for points under this subsection.

b. For each one hundred (100) square feet of vegetation
classified as Hardwood Hammock, Barrier Island Scrub,
Wetlands, Cypress Domes, or Sand Pine Scrub Associations,
preserved on site, a credit of thirty (30) points shall
be given. These credit points shall apply only when:

1) The vegetative community is preserved intact,
and

2) The vegetative community preserved comprises an
area of no less than one hundred (100) square feet
with no dimension less than ten (10) feet.

c. For each one hundred (100) square feet of vegetation
classified as Barrier Island Association, landward of the
coastal setback line, a credit of 20 points shall be
given. These credit points shall apply only when:

1) The vegetative community is preserved intact,
and

2) The vegetative community preserved comprises an
area of no less than one hundred (100) square feet
with no dimension less than ten (10) feet.

d. For each one hundred (100) square feet of native
vegetation preserved adjacent to, and within fifty (50)
feet of a designated scenic vista or roadway, twenty
points shall be given. These credit points shall apply
only when:

1) The vegetative community is preserved intact,
and

2) The vegetative community preserved comprises an
area of no less than one hundred (100) square feet
with no dimension less than ten (10) feet.

e. If mangroves do not presently exist contiguous to
lagoonal waters and are planted, they shall receive seven
(7) points per tree. The minimum size of newly planted
mangroves shall be twelve (12) inches in height.

(7) Native Species. A minimum of 75% of planted trees shall
be native species or hybrids or cultivars of native species.

(8) Species Diversity. In situations where a large number of
trees are required, in order to encourage species diversity
and prevent monocultures, a variety of species shall be
planted in accordance with the following table:

Required Number of Trees Number of Species

11 - 20 2
21 - 30 3
31 - 40 4
over 40 5

(9) Planting Ratios. After the minimum canopy tree
requirement has been met, ornamental trees and palm trees may
be planted. However, the total canopy tree and understory
population are subject to the following planting ratios:

a. a minimum of 50% canopy trees
b. a maximum of 50% understory
c. a maximum of 25% ornamental trees and palms

(c) Shrubs, ground covers, and vines. At least 25% of the site's
total required landscape and preserved areas shall be covered by
shrubs, ground covers, or vines.

(d) Sod and lawn grasses. The use of sod or lawn grasses will be
limited to no more than thirty-five percent (35%) of the required
landscape and preserved areas. Sods and grasses used to stabilize
berms and swales necessary for installation of approved drainage
plans and on-site wastewater disposal systems are not included in
this limitation.

(e) Use of site specific planting materials. Plants used in the
landscape design pursuant to this chapter shall to the greatest
extent be:

(1) Appropriate to the soil, drainage and climatic conditions
in which they are to be planted.

(2) Have non-invasive growth habits.

(3) Encourage low maintenance native vegetation.

(4) Be otherwise consistent with existing or pre-existing
vegetation.

(f) Use of adapted plant materials. The use of plant materials
adapted to the vicinity of the development is encouraged in order
to reduce water consumption, general maintenance, the dependence on
fertilizers and insecticides, and increase vegetative habitat and
wildlife corridors.

(g) Procurement of native plant material. When native plant
material is required, it is prohibited to remove plants from a
preservation/restoration site. It is permissible to transplant
plants obtained from a community approved "rescue site" or a
community approved area to fulfill planting requirements. A rescue
site is one in which the area is required to be kept mown and/or
cleared from trees and understory plants for utility or safety
reasons, but where such plants are known to take seed and grow.
Plants that are not transplanted from such areas must be either
nursery grown stock or have been started from seed.

(h) Replacement requirements. Vegetation which is required to be
planted or preserved by this chapter shall be replaced with
equivalent vegetation if it is not viable within one year. A
performance bond, to be held for one (1) year, shall be posted to
assure compliance with this requirement. The amount of the bond
will be determined by the appropriate authority based on the number
and types of plants covered by the bond.

(i) Prohibited plant species. Under no circumstances shall any
species from category I of the EPPC's most recent list of invasive
species may be planted.

(j) Synthetic plants. ' In no event shall synthetic plants, such as
man-made, plastic, rubber, or silk, be used to satisfy any of the
landscaping requirements herein.

(k) Compliance. The above planting standards listed in Section
10(a) through (j) and Section 11 must be satisfied before a
Certificate of occupancy or a Certificate of Completion will be
issued. However, if it is determined by the appropriate authority
that circumstances indicate that the planting of trees or
vegetation prior to the issuance of a Certificate of Occupancy or
Certificate of completion would not be prudent, such as an improper
time of year for the planting of trees, the applicant may post a
performance bond with the Board of Commissioners of the

municipal ity/county, in a form acceptable to the jurisdiction.
Said performance bond, if posted, shall be in the amount no less
than one hundred twenty five percent (125%) of the estimated cost
of all trees and vegetation to be planted plus labor, pursuant to
the requirements of this section. Said performance bond shall be
received and accepted by the municipal ity/county prior to the
issuance of said Certificate of Occupancy or Certificate of
Completion.

SECTION 11. PLANT MATERIAL AND INSTALLATION STANDARDS

(a) General.

(1) Minimum requirements. The following standards shall be
considered the minimum requirements for the installation
of all landscaping within the municipality/county.

(2) Standards and inspections. All landscaping shall be
installed in a manner of sound workmanship and according
to accepted and proper planting procedures with the
quality of plant materials as hereinafter described. A
representative of the municipality/county shall inspect-
all landscaping and no certificate of occupancy will be
issued unless the landscaping meets all requirements.

(b) Plant quality standards. Plants installed pursuant to this
chapter shall conform to or exceed the minimum standards for
Florida Number One as provided in the most current edition of
"Grades and Standards for Nursery Plants, Part I and II,11 prepared
by the State of Florida Department of Agriculture and Consumer
Services. Another accepted standard may be used if it equals or
exceeds the quality of Florida Number One.

(c) Plant ball sizes. Ball sizes on all transplanted plant
materials shall conform to or exceed the minimum standards as noted
in the most current edition of "Grades and Standards for Nursery
Plants, Part I and III' prepared by the State of Florida Department
of Agriculture and Consumer Services.

(d) Anti-transpirants.

(1) General. In order to reduce the transpiration rate of
plant material during the installation process, the use
of anti-transpirants is encouraged. Anti-transpirants
reduce the amount of water loss through the leaves of
plant material during installation, thereby reducing the
amount of water required for the survival of the plants.

(e) Use of planting soil. All required landscape materials shall
be installed using planting soil of a type appropriate to the
individual plant material and the soil conditions in which the

planting is occurring. Colloidal phosphate shall be added to the
soil as a water retention aid where soil type is considered to be
subject to rapid percolation.

(f) Use of organic mulches.

(1) General. The use of organic mulches reduces the growth of
weeds and adds nutrients to the soil as well as retains
moisture over the root zones of plant materials.

a. Application specifications. A minimum of three (3)
inches of organic mulch shall be placed over all
newly installed tree, shrub, and ground cover
planting areas.

b. Types of mulch. The use of leaf compost or
melaleuca, rather than cypress (or other valuable
species) mulch is encouraged.

C. Mulch placement. Mulch shall be placed at a
minimum of three inches (311) from the trunk of
trees to discourage rot.

(g) Amending existing soil prior to sodding or seeding. The
organic content of the top four (4) inches of the lawn bed for all
areas to be seeded or sodded shall be a minimum of f ive (5)
percent.

SECTION 12. MAINTENANCE STANDARDS FOR CULTIVATED LANDSCAPE
AREAS

(a) General. The owner or assigns of land subject to this chapter
shall be responsible for the maintenance of said land in good
condition so as to present a healthy, safe and orderly landscape
area.

(b) Maintenance of 'mulch layers. The required mulch layer as
specified in Section 11 (f) (1)a. shall be maintained on all
landscape projects.

(c) Maintenance of plants, replacement. All required plants on
the site, whether preserved or newly planted must demonstrate
health and viability one (1) year after issuance of a Certificate
of Occupancy or Certificate of completion.

(d) Inspections. The municipality/ county may perform a "courtesy
inspection" of the landscaping within ninety (90) days after the
issuance of the Certificate of Occupancy or Certificate of
Completion. If the vegetation appears to be under stress, the
staff shall notify the property owner. A second inspection may be

performed six (6) months after the issuance of the Certificate of
Completion or Certificate of Occupancy. If the vegetation is not
viable at that inspection, notice shall be given to the property
owner and he/she shall be responsible for replacing that dead
vegetation with equivalent points of landscape material. A follow-
up inspection shall be made twelve (12) months after the issuance
of the Certificate of Completion or Certificate of Occupancy to
assure that no unauthorized removal of protected trees and
vegetation has occurred.

(e) Failure to maintain required vegetation. Failure to have
viable landscape material consistent with the approved landscape
plan in place at the twelve (12) month inspection from the date of
the issuance of the Certificate of Occupancy or Certificate of
completion, shall constitute a violation as described under the
Penalties section of this ordinance. A maintenance bond, cash
bond, or letter of credit shall be required to be collected in
conjunction with the application fee for multi-family, commercial
and industrial projects equal to twenty-five percent (25%) of the
cost of vegetation other than sod. This maintenance bond, cash
bond or letter of credit shall be forfeited if required vegetation
is not maintained in a viable state.

(f) Pruning.

(1) General. All pruning should be accomplished according to
acceptable horticultural standards.

(2) Pruning of trees. Trees shall be pruned only as necessary
to promote healthy growth and prevent hazardous
conditions. Unless special approval is provided by the
municipal ity/county, trees shall be allowed to attain
their normal size and shall not be severely pruned or
"hat-racked", in order to permanently maintain growth at
a reduced height. Trees may be periodically pruned or
thinned in order to reduce the leaf mass in preparation
for tropical storms. Trees may also be pruned by utility
companies when necessary to ensure uninterrupted service
for residents.

(g) Mowing. Grass shall be mowed as necessary in order to
encourage deep root growth, thereby preserving irrigation water.
To accomplish this, mowers should be set at three (3) inches or
above.

(h) Edging. All roadways, curbs and sidewalks shall be edged when
necessary in order to prevent encroachment from the adjacent
grassed areas. Trees will be protected in areas edged or trimmed
by weed-eaters since improper or careless use can remove bark,
causing the deterioration and eventual death of the tree.

(i) Weeding. To accomplish the removal of weeds and other
undesirable invasives, hand weeding is recommended and encouraged.
chemical herbicides can also be effective in controlling weeds.
However, such herbicides can also severely stress and often cause
the death of newly planted vegetation, including trees. Therefore,
herbicides are not recommended for use in controlling weeds and
other undesirable plants.

(j) Watering.

(1) General. All watering of planted areas shall be managed
so as to:

a. Maintain healthy flora.
b. Make plant material more drought tolerant.
C. Avoid excessive turf growth.
d. Minimize fungus growth.
e. Stimulate deep root growth.
f. Minimize leaching of fertilizer.
9. Minimize cold damage.

(2) Watering of grass lawns. Watering of grass lawn areas
shall be accomplished on an as needed basis as indicated
by turf wilt. The amount of water applied in each
application shall be as indicated in Section 13 (e) , so as
to promote deep root growth.

(3) Promoting deep root growth of trees and shrubs. Watering
of plants and trees should always be in a sufficient
amount to thoroughly soak the root ball of the plant and
the surrounding area, thereby promoting deep root growth
and drought tolerance.

(4) Operation of automatic irrigation systems. Automatic
irrigation systems shall be operated between the hours of
midnight and 6:00 a.m., or as designated by the
municipality/county. Irrigation during these hours
reduces fungus growth and loss of water due to
evaporation.

(5) Maintenance of irrigation systems. Irrigation systems
shall be constantly maintained to eliminate waste of
water due to loss of heads, broken pipes or misadjusted
nozzles.

SECTION 13. IRRIGATION DESIGN STANDARDS

(a) Irrigation systems. Irrigation systems can be beneficial in
efficiently adding 'water to the cultivated landscape. The
following practices shall be implemented by those developing or
maintaining irrigation installations.

(1) Irrigation of existing plant communities. Existing plant
communities and ecosystems, maintained in a natural
state, do not require and shall not have any additional
irrigation water added in any form.

(2) Reestablished native plant areas. To become established,
native plant areas, supplemental to an existing plant
community or newly installed for the permitted project,
may initially require additional water. Where newly
planted native areas or habitats have been installed in
soils appropriate to the proposed native system,
additional irrigation water (after the period of
establishment) is unnecessary and may be harmful. The
water required during the establishment period shall be
applied from a temporary irrigation system, a water truck
or by hand watering from a standard hose bib source.

(3) Cultivated landscape areas. Irrigation systems, either
manual or automatic, may be used for the cultivated
landscape areas. Application of water through a properly
maintained and regulated irrigation system may be an
efficient method of watering the landscape.

a. Small irrigation systems. Small residential and
commercial areas may be irrigated with a manually
controlled irrigation system if sufficient time and
labor is committed for its operation. Landscape
plantings and lawns shall be watered on an as
needed basis only.

b. Large irrigation systems. When irrigated,
cultivated areas in larger residential, commercial
and industrial areas shall be irrigated by the use
of an automatic irrigation system with controllers
set to apply water as noted in this section.
Wherever practical, high water and low water use
areas shall be designed as noted below. Rainfall
or moisture sensing devices should be used to avoid
operation of the system during periods of increased
rainfall.

(b) Zoning of irrigation systems. The water demand of lawn areas
is significantly greater than the water demand of most shrubbery or
ground cover areas. Typical residential irrigation system design
does not provide for the option of irrigating lawn or other high
water demand areas on a separate schedule from that of shrubbery or
other reduced water demand areas. This results in the irrigation
of the entire controlled area at a rate higher than most of the
landscape plant materials require. Therefore, the following
standards shall be considered the minimum requirements for
landscape irrigation design.

(1) Sprinkler zoning. Wherever feasible, sprinkler heads
irrigating- lawns or other high water demand landscape
areas shall be designed on a separate zone or zones from
those irrigating trees, shrubbery or other reduced water
requirement areas.

(2) Control systems. Automatically controlled irrigation
systems shall be operated by an irrigation controller
capable of watering high water requirement areas on a
different schedule from low water requirement areas.

(c) Elimination of overthrow onto impervious areas. Landscape
irrigation systems shall be designed so that, to the greatest
extent practical, water being applied to impervious areas is
eliminated.

(1) Impervious areas. Sprinkler heads shall be placed as
required to reduce direct overthrow onto impervious
areas.

(2) Wind control. The use of low trajectory spray nozzles is
encouraged in order to reduce the effect of wind velocity
on the spray system.

(3) Low volume systems. As technology for underground and
low volume applicators of water is improved, their use is
encouraged.

(4 Moisture sensing devices. As technology for moisture
sensing devices is improved, their use is encouraged.

(d) Use of non-potable/reclaimed water. Use of non-potable or
reclaimed water for use in the irrigation of lawn and plant
material is required when available.

(e) Water application rates. Since deep watering promotes deep
root growth and healthier plant material, water shall not be
applied at an application rate of less than one-half (1/2) inch per
application.

SECTION 14. XERISCAPE PRINCIPLES

It is the intent of this chapter to assist the
municipality/county in achieving water conservation through proper
plant selection, installation and maintenance practices. The
following xeriscape principles serve as the primary means of
achieving water conservation:

1. Appropriate planning and design.

2. The use of soil amendments to improve water holding
40 capacity of the soil.
3. Efficient irrigation systems.

4. The use of drought-tolerant plants.

5. The use of mulches, where appropriate.

6. Limiting turf areas to locations where it provides
functional benefits.

7. Appropriate and timely maintenance.

(a) Site design standards

(1) creative site development concepts for water
conservation. Creative site development concepts shall be
used in order to promote water conservation. Water
requirements may be reduced by providing for:

a. The preservation of existing native and xeric plant
communities.

b. The reestablishment of native plant communities.

C. Limited amount of lawn grass areas.

d. The use of site specific plant materials (see
definitions)

e. The use of shade trees to reduce transpiration
rates,of lower story plant materials.

f. Site development that retains stormwater runoff on
site.

9- The use of pervious paving materials.

h. Other environmentally sensitive site development
concepts.

(2) Lawn grass areas.

a. Water demands for lawns. A major portion of water
demand used for landscape purposes is required for
the irrigation of lawn areas. In order to reduce
water@ demand, portions of landscaped areas that
have been customarily designated as lawns should
be:

1. Preserved as natural plant communities.

2. Planted as redeveloped native areas.

3. Planted in traditional mixes of trees,
shrubs, and ground covers. Properly managed
non-grass landscape developments of site
specific plantings will typically be able to
survive on reduced water requirements and
drought conditions better than lawn areas.

b. Maximum use requirements for allowable lawn grass.
No more than thirty-five percent (35%) of the total
landscaped and preserved areas shall be planted in
lawn grass.

SECTION 15. VEHICULAR USE AREA LANDSCAPING REQUIREMENTS

All development permit applications which propose vehicular
use areas with more than three (3) parking spaces shall conform to
the minimum landscaping requirements defined below. Trees planted
in conformance with this section may count toward the tree replant
requirements of Section 7(a) and may be required to adhere to
special design criteria specified in Section 7(b). All
requirements of Section 11 shall be a condition of the granting of
a permit under this chapter. In instances where healthy plant
material or viable habitat exists on a site prior to its
development, in part or in whole, for purposes of off-street
parking or other vehicular use areas, the appropriate authority
shall adjust the application of the below-mentioned standards to
allow credit for such plant material if such an adjustment is in
keeping with and will preserve the intent of this chapter.

(a) Perimeter buffer landscaping. The exterior perimeters of all
vehicular use areas adjacent to residentially zoned property or
public right-of-way shall be landscaped with a strip of land which
is at least five (5) feet in width. Within this landscape strip,
a buffer strip consisting of native plants shall be installed which
at the time of planting shall be at a minimum twenty-four (24)
inches in height and allowed to grow to and be maintained at a
maximum height of thirty-six (36) inches. Such plants, where
required, shall be planted and maintained so as to form a
continuous, unbroken, solid visual screen. Spacing of plants-shall
be no more than two and one-half (2 1/2) to three (3) feet on
center, depending on the species or in natural patterns typical of
adjacent or pre-existing natural habitat type.

(b) Landscape Plan/Open Space. An area equal to ten (10) percent
of the total vehicular use area shall be devoted to landscape open
space for planting of landscape habitat. There shall be a minimum

of one (1) landscape tree for each two hundred (200) square feet or
fraction thereof of required landscape open space.

(1) All existing shade trees shall be preserved if possible
and applied as a credit to this requirement. Each landscape
tree shall be planted within a minimum five-foot by five-foot
(51X 51) open space planter for small trees. Large and medium
trees shall be planted in a minimum ten foot by ten foot (10IX
101) planter.

(2) Landscape areas shall be distributed so that no parking
space is more than 120 feet from a portion of landscaped open
space required by this section. Every separate landscaped
area shall be a minimum of fifty (50) square feet and shall
have a minimum dimension of at least five (5) feet and shall
include at least one (1) tree having clear trunk of at least
five (5) feet, with the remaining area adequately landscaped
with shrubs, ground cover or other authorized landscaping
material not to exceed three (3) feet in height.

(c) Xeriscape Requirements. A minimum of fifty percent (50%) of
plant material used in vehicular-use area landscape design shall be
drought resistant. A minimum of seventy-five percent (75%) of
planted material shall be a combination of native and drought
tolerant species.

(d) Protection of landscaping. Vehicular use landscaping shall be
protected by wheel stops, bumper stops or curbs located in a manner
which prevents vehicular encroachment and overhang into landscape
material.

(e) Vehicular use landscape plan approval. Prior to the issuance
of any permit for paving which is included under the provision of
this ordinance, the developer must submit for approval by the
appropriate authority a combination site plan and landscape plan,
hereinafter referred to as a "vehicular use landscape plan."

(1) The vehicular use landscape plan shall be submitted to
the appropriate authority and shall contain the following
information: The name, address and telephone number of
the owner and designer; a site plan drawn to an
acceptable scale as determined by the appropriate
authority, indicating all dimensions and property lines,
northpoint, clearly delineated existing and proposed
easements, utility lines, stormwater and drainage
systems, parking spaces, access aisles, driveways,
sidewalks, wheel stops, curbs and other vehicular use
controls; irrigation system; proposed planting areas;
decorative or screen walls; existing trees and plant
community types (including those slated for removal) ;
natural features such as boulders, rock outcroppings,
etc.; all related buildings. Proposed planting areas

must indicate the quantity, spacing, size and name of
proposed plant material.

(2) No permit shall be issued for such building or paving
unless such plot complies with the provisions hereof, and
no certificate of use and/or occupancy shall be issued
until the landscaping is complete. It shall be unlawful
to occupy the premises unless the landscaping is
installed in accordance with the approved plot plans and
the requirements hereof.

(f) Irrigation requirements. The irrigation requirements of
Section 13 shall apply to vehicular use areas.

(g) Plant installation and maintenance requirements. All plant
materials used shall be in compliance with Section 10(b) (7) and
(8), Section 10(e) through (j), and Section 11. Maintenance of
all installed and existing plant materials shall be in compliance
with Section 12.

(h) Sight distance restrictions at intersections. All landscape
plant material shall be planted in accordance with sight distance
restrictions determined by the appropriate authority, using Florida
Department of Transportation standards.

(i) Existing nonconforming parking lots. Existing parking lots
which do not comply with this Section shall be required to conform
at least fifty percent (50%) with the parking lot requirements of
this ordinance when one of the following condition occur:

(1) Any lot enlargement or additional paving.

(2) Any alterations or additions which would contribute to a
net increase of at least five percent (5%) of gross floor area
to the building which would result in an increase in the
number of parking spaces as required by zoning ordinance that
are assigned to that particular building and/or business.

(j) Failure to maintain existing vegetation. The destruction,
elimination, neglect, or lack of maintenance of any existing
landscape shall require full compliance with this Section.
Vegetation which is required to be planted or preserved by this
Section shall be replaced with equivalent vegetation if it is not
viable within one year. A performance bond, to be held for one (1)
year, shall be posted to assure compliance with this requirement.
The amount of the bond will be determined by the appropriate
authority based on the number and types of plants covered by the
bond.

SECTION 16* ENVIRONMENTALLY SIGNIFICANT LANDS

(a) Introduction

Barrier islands are unique in their landscapes; an island may have
as many as 6 distinct ecosystems, depending on its size, elevation,
geographical location and level of urban development. Barrier
island ecosystems enjoy a variety of plant and animal species often
not found in mainland areas. Estuarine areas support seagrasses,
mangroves, and salt marsh grasses, all of which provide nursery and
feeding areas for fish and shellfish. In addition, these plants
provide stabilization for shorelines, as well as nesting areas for
native and migratory birds. It is for these reasons habitat
preservation is deemed necessary for the continued success of
environmentally sensitive ecosystems and their inhabitants.

(b) Protection of Endangered and Threatened Species and Species of
Special Concern.

Upon field review and determination that a site contains plant
and/or animal species which have been listed as "Endangered",
"Threatened", or "Species of Special Concern" by any of the
agencies listed in the definitions in Section 2, the applicant must
provide to the appropriate authority, an assessment, verification
or permits from the listing agency. The municipality/county may
require documentation from more than one agency, depending on how
many listing agencies are involved. The authority may utilize this
information as a basis for determining the development activity to
be allowed. The applicant shall then provide proper protection to
such species as required by state and federal permit requirements
and to the satisfaction of the municipality/county.

The beach and its associated dune system are the first line of
defense against storms that batter coastal cities and towns. The
root systems of dune vegetation help retard erosion by anchoring
the beach sand in place, while the leaves, stems and stalks act as
a sand collector and help provide organic nutrients to the beach
system. The density of the plants helps provide a buffer between
storm surges and coastal structures. As dune vegetation
disappears, and the sand begins eroding away, the protection of the
coastline is severely compromised. In view of this important
service to coastal residents, the main dune bluffs and associated
vegetation shall be preserved through the following restrictions.

(1) Establishment of Dune Stabilization Setback Line. The
municipal ity/county hereby adopts the Coastal Construction
Control Line (CCCL) as set by the Florida Department of
Environmental Protection as the municipal ity/county Is Dune
Stabilization Setback Line (DSSL). Development, other than
approved activities involving shore protection, beach

restoration, dune crossovers or activities related to beach
safety shall not be permitted seaward of this line.

(2) Dune walkover structures required. All owners of ocean
front property shall be required to erect elevated dune
walkover structures over any sand dune located on the owner's
property. The term owner as applied to property in which the
developer has turned over control to a condominium association
or homeowner's association shall mean the non-profit
corporation which constitutes the condominium association or
homeowner's association.

a. New development. For new development, the
construction of the walkover shall be concurrent with the
construction of the building. No Certificate of
Occupancy or Certificate of completion shall be issued
until such structure is completed.

b. Existing development. For existing development,
owners will have a twelve month period with which to
comply with the regulation, such time to commence from
date of receiving due notice from the municipality
/county. Upon inspection by the appropriate authority,
a Certificate of Compliance shall be issued upon
completion of such structure.

(3) Disturbance or ingre Encroachment or ingress onto or
any disturbance of the main dune or natural vegetation seaward
of the DSSL is prohibited, including encroachment or
disturbance caused by individuals upon foot or by vehicle of
any kind. Ingress by foot seaward of the DSSL must be
associated with an approved dune crossover structure if such
ingress is within five hundred (500) feet of such structure.

(4) Motorized vehicles. Motorized vehicles, including but
not limited to, automobiles, trucks, bulldozer, graders,
cranes, motorcycles, dune buggies, minibikes, and all-terrain
vehicles, shall not be allowed seaward of the DSSL without
prior approval from the Florida Department of Environmental
Protection and the municipality/county. Vehicles being
operated by an officer of any agency of the state or of a
political subdivision of the state in the furtherance of
official duties or those operations which have received the
express authorization of the municipal ity/county shall be
exempt.

(5) Storage of vehicles. The parking or storage of
automobiles, trailers, motor homes, recreation and like
vehicles is prohibited seaward of the DSSL. Boats may be
stored seaward of the DSSL if stored, located, and moved in a
manner that does not disturb, damage, or destroy the existing
dune, associated dune vegetation, and in a manner that does

not interfere with the natural processes and reestablishment
of the dune or its associated vegetation.

(6) Mechanical beach cleaning.- All mechanical beach cleaning
shall be subject to regulations found in Section 7 of the Sea
Turtle Habitat Protection Ordinance, and in addition, shall be
subject to all applicable regulations contained in Section
16(c) of this ordinance.

(7) Vegetation disturbance. Beach dune vegetation found
seaward of the DSSL including, but not limited to, grass,
seagrapes, sea oats and tree development shall not be altered,
removed or changed without prior authorization and the
appropriate permits subject to the following criteria:

a. Pruning, trimming, removal or relocation of dune
vegetation shall be prohibited between December 1 and
February 15; Fall is the recommended time for such
activities.

b. All cuts shall be made cleanly and at the base of the
branch or limb of the vegetation, or at branch points of
the stalk of the vegetation, except when done with
respect to the shaping of a hedge.

c. The planting of sod grass and ornamental landscaping
shall be prohibited seaward of the DSSL with the
exception of a five-foot (51) wide pathway from the
access structure to the residence, as necessary. In no
case shall the sod be allowed to cross the primary dune
area.

d. Grasses, shrubs, shrub trees, or other similar dune
vegetation may be maintained or trimmed up to four (4)
feet above existing grade, provided such trimming does
not result in the death or destruction of the vegetation.
On larger species, such as mature seagrapes, palms, and
other similar species, the removal of the lower branches
or limbs for view may be permitted, provided no such
alteration results in significant damage or death of the
vegetation. Sea oats may not be removed or altered in
any way.

e. The planting of palm trees, including native sabal
palmettos or other trees is discouraged in active beach
areas of frequent storm wave attack. Such vegetation may
become damaging projectiles under hurricane conditions.
Planting of such palms must be approved by the
appropriate authority in areas of high beach areas, beach
restoration projects, areas adjacent to walkover
structures, or landward of existing coastal protection
structures. However, all palm trees so planted must be

anchored with an approved anchorage system designed for
hurricane conditions.

f. All dead, decaying, injured or diseased vegetation
may be trimmed without a permit, provided that:

1. The trimming constitutes only dead or diseased
vegetation, and no live portions of vegetation are
trimmed.

2. No root material is to be trimmed or destroyed.
No native dune vegetation may be uprooted or
removed.

3. The applicant must notify the municipality
/county's planning/ environmental planning
department prior to commencing any work. The
planner/environmental planner shall inspect the
property prior to authorization of permit
exemption. Failure to notify the environmental
planning section prior to any removal work will
constitute a violation of Section 8.

4. No existing dune vegetation shall be removed by
the root system with the exception of non-native,
nuisance species as described in Section 8 (b) (6) ,
or as authorized by the planning department.

5. The provisions of this section shall not
preclude the undertaking of approved shoreline
stabilization projects or the location and
construction of approved dune crossover structures
and similar minor structures.

6. Any request to alter or remove any existing
vegetative cover seaward of the Dune Stabilization
Setback Line shall be accompanied in writing by a
dune revegetation plan, to be approved by the
planning/environmental planning department.

(8) Use of natural, native dune vegetation. The use of
natural dune vegetation, native to Florida, shall be required
for any beach or dune preservation, stabilization and/or
restoration project. The design and/or operation of sprinkler
systems to promote or sustain growth of dune vegetation shall:

a. Be approved by the jurisdictional municipal ity/county
prior to installation.

b. Be timed and operated so as not to interfere with the
normal development of sea turtle eggs in the nests or
adversely affect emergent hatchlings where such sprinkler

systems are located in areas of known or suspected sea
turtle nesting activity.

C. Not broadcast water seaward of the primary dune.

(9) Design and/or positioning of structures. In areas of
known or suspected sea turtle nesting, buried, emergent, or
above ground structures shall be designed and/or positioned
such that they do not have the potential to act as traps to
adult sea turtles or their hatchlings or significantly reduce
useable areas of nesting habitat.

(10) Restored beaches.- Restored beaches shall, to the
maximum extent possible, resemble the characteristics of
preexisting or adjacent natural beaches in terms of sediment
grain size, compaction, retractivity and beach slope.

(11) Restored, stabilized dunes. Restored and stabilized
dunes, shall, to the maximum extent possible, be similar in
appearance to the preexisting or adjacent natural dunes in
terms of profile, vegetation and sediment characteristics. In
areas of known or suspected sea turtle nesting, they shall be
designed in such a manner that the reconstructed dune profile
does not effectively exclude access by nesting sea turtles.

(12) Exceptions. Nothing in this section shall be construed
to prohibit the undertaking of coastal construction projects
seaward of the CCCL, when such project has been approved by
the Bureau of Beaches and Shores of the Department of Natural
Resources of the State of Florida, and the applicant can
demonstrate to the municipal ity/county that the project is in
the public interest or is necessary to protect contiguous real
property improvements; provided that any such coastal erosion
control project which includes beach sand renourishment shall
also include provisions for dune restoration. Such program
for restoration shall include both dune revegetation, using
salt tolerant and native plant material which is both suitable
and appropriate for dune revegetation.

(13) Penalties. The Florida Department of Environmental
Protection (DEP) is empowered to assess civil fines against
persons who damage or destroy beach vegetation seaward of the
coastal construction control line. Such acts are considered
a misdemeanor and may be penalized as such by the DEP in
addition to penalties that are imposed by the
municipality/county as stated in Section 21.

(d) Seagrass beds

(1) Without an.express written permit, it shall be unlawful
for any person, group, company, organization or agent thereof
0 42

to remove, destroy, damage, or alter to the point of imminent
destruction, any known or identified seagrass area.

(2) Docks, boat ramps, mooring poles, and other similar
waterfront structures, including marinas and all permitted
waterfront accessory uses, shall be designed and located in
such a manner that all adverse impacts to any known and/or
identified seagrass beds shall be minimized. The presence of
seagrass beds shall not prohibit the location of these
structures, provided that no objections or permit denials are
.issued by any additional reviewing agencies with appropriate
jurisdiction. However, mitigation shall be required for all
damaged or displaced seagrass areas in a minimum ratio 3:1
(created to lost habitat).

(e) Mangroves Mangrove trees perform many roles vital to the
ecology of the estuary and its shoreline. Their root systems help
stabilize the shoreline by reducing erosion created by shoreline
dynamics. In addition, they provide important habitat areas for
wildlife, including nursery and feeding areas for shellfish and
fish. Over 90% of Florida's sport and commercial fishery species
utilize and are dependent upon the nursery function of these
systems. In addition, mangroves provide nesting areas for birds
and a winter resting ground for migratory birds, as well as
providing an essential function in maintaining the quality of
surface waters.

(1) The selective trimming and/or removal of mangroves may
require a permit from the Florida Department of Environmental
Protection and is always subject to FDEP regulations. If such
permit is required, it shall be obtained by the applicant and
a copy of such made available to the permitting agency of the
municipality/county before the any issuance of any municipal
permit for mangrove trimming and/or removal. A
mun ic ipal/ county permit is also required for the trimming,
alteration, or removal of any mangrove tree. The
municipal ity/county shall take into consideration the approval
of the state and federal permits when issuing a development
permit, but state and federal approval shall not automatically
constitute municipal ity/county approval. Any permit issued by
the municipal ity/county will be subject to the following
standards.

(a) Selective Trimming. The trimming of mangroves along
man- made bodies of water need not have a stated purpose.
However, trimming of mangroves along natural waterways
and bodies of water and in wetlands shall be permitted
only for any of the following purposes, subject to
approval by the appropriate authority.

i. To provide reasonable access from an upland
site to a body of water or wetland.

ii. To maintain reasonable navigability in a
navigable waterway.

iii. To ensure safety.

(2) Conditions for issuance of a mangrove trirnmincr permit.

a. Selective trimming of mangroves shall be permitted
only during the months of October, November, December and
January, February and March. Annual maintenance pruning
requires subsequent permits.

b. The configuration of a mangrove tree attained by
selective trimming may be maintained except during the
one year period immediately following the initial
selective trimming.

c. Selective trimming of mangroves is limited to the use
of hand held tools. No sealing or treating of cut
mangrove ends is permitted. No pruning paint shall be
utilized.

d. No approval shall be granted for the trimming or
alteration of any mangrove which serves as an active
nesting site for migratory birds or a breeding areas for
a colony of birds.

e. No more' than twenty five percent (25%) of the lateral
limbs in the lower half of the canopy of any mangrove
tree shall be cut; none of the upper half of the canopy
shall be cut. Mangroves cannot be reduced in height.

f. No prop roots or pnuematophores may be removed or
cut.

g. No mangrove tree smaller than six (6) feet in height
above the ground or water level shall be trimmed.

h. No trunk, limb, or branch greater than one (1) inch
in diameter at the point of attachment shall be cut.

i. Trunks, limbs or other branches less than one-half
inch (1/211) in diameter with associated leaves, shall be
cut into one-foot lengths and placed in the waters where
the trimming is performed.

j. Trunks, limbs or other branches greater than one-half
inch (1/211) in diameter with associated leaves shall be
properly disposed of in an upland location so as not to
impede or restrict water movement or create a hazard to
navigation.

k. Leaves not attached to trunks, limbs or other
branches shall be placed in the waters where the trimming
is performed.

1. The use of herbicides or chemical defoliants shall
not be permitted.

M. No bark stripping or girdling of limbs shall be
permitted.

(3) Removal of Mangroves. The removal of any mangrove tree
shall be limited to the minimum necessary to achieve the
following.

i. To provide reasonable access from an upland
site to a body of water or wetland.

ii. To maintain reasonable navigability in a
navigable waterway.

iii. To ensure safety.

iv. To implement an approved development permit
that includes an approved mitigation plan.

a. Removal of mangroves is limited to the use of hand
held tools, unless mechanical removal is expressly
authorized by the appropriate authority of the
municipality/county.

b. Debris from removed mangroves shall be disposed of in
the same manner as debris from trimmed mangroves, as
stated in Section 16(e)(1)i through k.

(4) Vehicular access.. An approval shall be granted for the
removal and/or alteration of mangroves to provide vehicular
access to property, subject to the following guidelines.

a. The applicant must demonstrate that no other access
alternatives exist.

b. Appropriate environmental agencies, including but not
limited to County Soil and Water Conservation Districts,
Florida DEP,etc. must review and comment in writing
regarding the proposed removal and/or alteration as to
its appropriateness as the least damaging alternative.

C. The applicant must submit a proposal for
reforestation and/or mitigation.

(5) Reasonable use of property-.. An approval shall be granted
for the removal and/or alteration of mangroves when such
is removal and/or alteration is necessary to make any reasonable
use of the property, subject to the following guidelines.

a. The applicant must demonstrate that there is
insufficient upland area or non-mangrove area to make any
reasonable!use of the property.

b. The guidelines outlined in Section 16(e) (4) above
must be met.

(6) Utilities Operations and Maintenance. An approval shall
be granted for the removal and/or alteration of mangroves
within a dedicated utility easement or road right-of-way to
provide public utilities as defined in Section 366.02, Florida
Statutes (1987), with reasonable access, subject to the
following guidelines.

a. The width of the mangrove areas affected by the
accessway shall not exceed six feet (6').

b. The applicant must demonstrate that no other access
or alternatives exist.

c. The accessway should be designed and located in such
a manner that the least amount of damage to the mangroves
is assured.

d. The applicant must submit a proposal for
reforestation.

e. Appropriate environmental agencies, including the
County Soil and Water Conservation District, must review
and comment in writing regarding the proposed removal
and/or alteration as to its appropriateness as the least
damaging alternative.

f. An approval shall be granted for the maintenance of
existing facilities of public or private utilities and
public drainage systems; provided that no other
alternative exists, and that the alteration will be the
minimum necessary.

(f) Oak Scrub

Oak scrub is an environmentally significant ecosystem that is
becoming scarce due 'to urban development pressures. To maintain
viable scrub, the area must be allowed to burn naturally or
prescribed burning must take place. Heavily urbanized areas cannot
maintain large viable scrub habitats without prescribed burning,
and such burning is often difficult to accomplish when scrub areas

are in close proximity to residences and businesses. Scrub is home
to the Florida scrub jay, Florida mouse, gopher tortoise, lizards,
and sand and blue-tailed mole skinks. The scrub jay, sand and mole
skinks are federally listed as threatened species. Destruction of
their habitat directly affects the viability of these species.
Therefore, any person applying for a building permit in these areas
shall be subject to all regulations for land clearing, grubbing and
pruning as set forth in this ordinance. All applicable provisions
of this ordinance shall be met before any building or development
permit is issued. All requirements of Section 6 shall be met and
adhered to.

(g) Maritime Forests

This ecosystem, being located furthest from the salt spray of the
ocean, is the most varied in flora and fauna of the barrier island
ecosystems. This system is characterized by amphibians, birds,
mammals, and trees such as red maples, palmettos, tupelos, pines,
and hardwood trees. Any person applying for a building or
development permit in these areas shall be subject to all
applicable regulations as set forth in this ordinance. All
applicable provisions of this ordinance shall be met before such
permit is issued. All requirements of Section 6 shall be met and
adhered to.

(h) Upland buffers adjacent to shorelines

(1) Purpose. It is the purpose of an upland buffer to further
protect shorelines, their associated vegetation, wildlife, and
water quality attributes from adjacent development impacts.
Such impacts include siltation, erosion, surface water runoff
and human and domestic animal intrusion. Upland buffers also
provide for the preservation of upland wildlife habitat.

(2) Upland buffer requirements. Upland native vegetation
buffers shall be required immediately adjacent to a shoreline
and shall extend landward a distance of twenty-five feet (251)
from the mean high water line. The upland buffers shall be
required upon submittal of land clearing application, building
permit application or preliminary plan application. The
buffers must be shown on the appropriate application as well
as the mean high water line and must be preserved during and
after site development. Platted lots and sites with building
permits approved prior to the adoption of this chapter shall
meet the requirements of this section. Activities listed in
Section 16 (3)(a) through (g) shall be prohibited within ten
feet (101) of the mean high water line.

(3) Prohibited activities within upland buffers. The
following activities within a buffer shall be prohibited
unless a variance or waiver under section 10 has been issued;

variances and waivers shall be reviewed based on the
evaluation criteria within Section 5(f):

a. Placement of a structure, road or utilities,
stormwater and drainage systems.

b. Planting of prohibited vegetation.

C. Removal of native vegetation including mowing or
trimming without a permit.

d. Fill with dirt, topsoil, sand, gravel or other
similar material or any alteration of elevations
without a permit.

e. Excavation.

f. Storage of equipment, supplies, materials,
machinery, portable buildings, etc.

9- Application of herbicides; pesticides; fertilizers;
or chemical agents injurious to vegetation.

(i) Wetlands

Wetland areas are necessary as habitat and nurseries and crucial in
aquifer recharge and fresh water conservation. Such areas are also
regulated by the Florida Department of Environmental Protection the
jurisdictional water management district, and the U.S. Army Corps
of Engineers, as well as the municipality/county.

(1) Identification of Wetlands. Wetlands shall be as defined
in Section 2. However, in circumstances where the natural
boundary of wetland vegetation is unclear, the line of
demarcation may be approximated at a surveyed elevation
measured at a location in the same wetland where the natural
line is clear. In the event an undeveloped area has been
recently cleared of all vegetation, the wetland boundary may
be determined by a study of the soils, aerial mapping,
photography, hydrology, and other historical information as
appropriate.

(2) Boundary lines. The exact limits of wetlands may also be
determined by a field-surveyed boundary line sealed by a
Florida Registered Surveyor and approved by the Florida
Department of Environmental Protection, the jurisdictional
water management district, and the U.S. Army Corps of
Engineers. Any wetlands boundary delineation intended for
permitting purposes must have the prior approval of the
applicable regulatory agencies as well as indicate the name of
the individual and agency signing off on the boundary, and the
date the field survey was conducted or the signoff made. The

most restrictive wetland boundary as determined by the other
permitting agencies shall be accepted by the municipality
/county.

(3) Utilization. Wetlands may be utilized as follows:

a. Scenic, historic, wildlife, or scientific preserves.

b. Timber catwalks and walking trails.

C. Commercial or recreational fishing.

d. Constructing fences where no fill activity is
required.

e. Stormwater discharge or treatment in accordance with
all applicable federal, state and local regulations.

f. Dockage or marinas.

g. New riprap or similar structures where all required
state and county permits have been received. However, a
combination of riprap and natural vegetation rather than
riprap alone shall be the preferred shoreline
stabilization design.

h. Maintenance, dredging, and maintenance or replacement
of stormwater facilities.

i. Construction, replacement, or widening of bridges.

j. Installation of subaqueous transmission and
distribution lines for water, wastewater, electricity,
communication cables, oil or gas.

k. Recreational activities.

(4) Encroachment. The encroachment upon wetlands by
structures or other development activity shall only be
permitted under the following circumstances:

a. The public benefits of the activity substantially
outweigh the adverse environmental effects, as determined
by the appropriate federal, state and/or local agencies,
AND

b. The appropriate federal, state and/or local agency
examines the alternatives and determines that strict
denial would effectively deprive the owner of all
reasonable use of the land due to its unusual size,
shape, topography, natural conditions, and location, or
that an alternative would be technically impractical in

terms of engineering, design and construction practices,
AND

c. A compensatory wetland mitigation plan subject to the
standards in subparagraph (6) below, is approved by the
appropriate federal, state and/or local agency.

(5) Protective measures. Other protective measures may be
instituted or required as follows:

a. Maintaining natural drainage patterns.

b. Limiting the removal of vegetation to the minimum
necessary to carry out the development activity.

C. Stabilizing banks and other unvegetated areas.

d. Minimizing the amount of fill and requiring the use
of pilings.

e. Disposing of dredged soil at specified locations.

f. Prohibiting the use of septic tanks in areas with a
high groundwater table.

g. Using deed restrictions and conservation easements to
protect and maintain the wetland.

h. The use of silt or erosion screens, hay bales and/or
similar erosion control techniques determined by best
management practices,

i. Restoration of wetlands damaged during construction.

(6) Review criteria. In determining whether the development
is permissible under the provisions of this section, the
municipal ity/county shall consider, but not be limited to the
following criteria:

a. The ability of the wetland to receive, store and
discharge surface water run-off so as to contribute to
hydrological stability and control of flooding and
erosion.

b. The ability of the wetland to recharge the
groundwater as demonstrated by reliable available
information.

C. The ability of the wetland to provide filtration and
nutrient assimilation from surface water run-off.

d The ability of the wetland to provide habitat and
significant ecological function in the life cycle for
flora and fauna.

e. The ability of the wetland to function as an integral
part of any water(s), water body, or watercourse.

f. The cumulative impacts of the proposed development on
the wetland system in combination with other developments
which have been or shall be proposed in the same drainage
basin.

g. The technical feasibility of any proposed wetland
mitigation plans and the likelihood of their success in
restoring or replacing the environmental benefit altered
by the development.

h. The capacity of the existing wetland to provide
environmental benefits because of factors such as size,
maturity, degree of prior alteration, physical
relationship to other water systems, and adjacent land
uses.

i. The degree or magnitude of the impact of the proposed
alteration/development on the wetland and how such impact
shall be minimized through mitigation measures, either
off-site or on-site, or both, and recommendations
concerning,the appropriate location of said mitigation.

j. Whether, and the extent to which a proposed project
must be located within a wetland or water body in order
to perform the project's basic functions.

k. Whether the wetlands impacted by the proposed
activity are protected or used in a manner which does not
adversely impact their beneficial functions.

(7) Minimum standards for mitigation.. Compensatory wetland
mitigation shall entail the following minimum standards:

a. The compensatory wetland shall be of the same wetland
type as that destroyed or degraded.

b. A mitigation plan is required to include at least:

1. A description of wetland and buffer to be
created or restored, which shall include but not be
limited to the type and functions of the wetland,
the proposed mitigation ratios, species present or
to be planted, plant density, anticipated source of
plants, soils and hydrologic regime.

2. A plan for monitoring the success of a created
or restored wetland.

3. A detailed written estimate of the cost of the
mitigation, including costs associated with earth
moving, planting, consultant fees, and monitoring.

4. A detailed plan describing the monitoring and
methods of control and maintenance of exotic or
nuisance vegetation.

5. Monitoring and replacement to assure a survival
rate of eighty percent (80%) wetland vegetation for
a minimum of three (3) years.

6. An upland habitat as an adjacent buffer on
mitigated sites as provided for in Section 16(h).

c. An acceptable mitigation plan shall be reasonably and
technically feasible. Mitigation through restoration of
other degraded wetlands is preferred over wetland
creation.

d. Mitigation should take place on-site or in close
proximity thereto if feasible.

e. An applicant who carries out a compensatory
mitigation plan shall grant a conservation easement on
the newly-created or restored wetland and buffer to
protect it from future development. A legal mechanism
other than a conservation easement may be deemed
appropriate on a case-by-case basis to carry out the
purposes of the subsection.

f. A mitigation plan approved by a federal, state or
regional agency shall be presumed to be acceptable to the
municipality/county, provided however, if no such
mitigation plan is required by the approved permit from
the federal, state or regional agency, then the
municipal ity/county may require a mitigation plan in
compliance with this section.

g. Mitigation should not contribute to the production of
mosquitoes by creating mosquito larval habitat or by
eliminating habitat for predatory fish.

(8) Mitigation ratios. In determining the replacement
acreage ratios for restored or created wetlands, the
municipality/county shall consider, but not be limited to the
following criteria:

a. The length of time that can be expected to elapse
before the functions of the impacted wetland functions
have been restored or offset.

b. Any special designation or classification of the
water body, including but not limited to Outstanding
Florida Waters, Aquatic Preserves, or Class II waters.

c. The type of wetland to be created and the likelihood
of successfully creating that type of wetland.

d. Whether or not the impacted wetland is functioning as
a natural, healthy wetland of that type.

e. Whether the wetland is unique for that watershed.

f. The presence or absence of exotic or nuisance
vegetation within the wetland and adverse effects those
plants have on the beneficial functions of the wetlands.

9. Whether the proposed project eliminates or changes
the wetland from one type to another.

h. The amount and quality of upland habitat preserved as
conservation areas or buffer.

i. Whether the applicant chooses to allocate funds to
the municipality/county as provided for in Section 21.

(9) Minimum ratios. Except as provided in Section 16
(i) (7) f, the mitigation ratio for created or restored wetlands
shall not be less than four to one (4:1), (created/ restored to
lost).

(10) Buffer requirements. For the purposes of this Section,
a buffer is defined as an area reserved as open space, free of
structures, impervious surface, roadways, storage, and other
enclosures or appurtenances.

a. A buffer of not less than twenty-five feet (251) in
width shall be established adjacent to and surrounding
all wetlands. Wetland buffers greater than twenty-five
feet (251) in width may be required if the upland
activity adversely impacts the wetlands beneficial
functions.

b. The buffer shall be measured from the mean high tide
or wetland'jurisdictional line, whichever is greater.

C. The use of native vegetation as a buffer shall be
used where such vegetation exists.

d. Development activities or construction which do not
have a significant adverse effect on the natural function
of the buffer may be allowed within the buffer. Proposed
activities within the buffer may be permitted in
accordance with the requirements of this section. The
activities or construction which may be permitted
include, but are not limited to pruning or planting of
suitable native vegetation, removal of exotic and
nuisance pioneer plant species, and the creation and
maintenance of walking trails.

e. The following shall be exempt from the wetland and
shoreline buffer requirement.

i. Water dependent uses or activities.

ii. Catwalks, boardwalks, and walkways.

iii. Public recreation facilities.

f. The Board of Appeals may grant a variance to allow
encroachment upon this buffer in accordance with the
adopted review standards for hardship.

(11) Issuance of permits. The issuance of wetland activity
permits are subject to the following conditions.

a. If the application meets the requirements of this
section, the municipality/county shall issue the permit
based upon approval by the appropriate authority, as
provided in this section and may attach such appropriate
conditions to the said permit in order to comply with the
standards of Section 16(i)(6). The authority may deny
the permit if it does not meet such standards, stating
the reasons thereof and appeal procedures.

b. The authority may approve a Wetlands Alteration
Permit, which shall incorporate the general and specific
conditions which were made part of the permit from
federal, state, or regional agencies. Provided, however,
before the issuance of the Wetlands Alteration Permit,
said federal, state, or regional permit application when
available shall be submitted to the authority.
Concurrent applications to the local government and any
federal, state, or regional agency shall be encouraged.
Provided, however that the authority is not prevented
from approving additional conditions to the said permit
in order to comply with the standards of section
16(i)(6)a. through k.

SECTION 17, VARIANCES AND WAIVERS

The Board of Adjustment/Appeals may upon appropriate
application in writing, vary or waive the terms and provisions of
this chapter in specific cases due to unreasonable hardships,
overriding public interest, and/or general public welfare.

SECTION 18. EMERGENCIES

In case of emergency conditions including, but not limited to
hurricanes, windstorms, floods, freezes or other disasters, the
requirements of these regulations may be waived by the appropriate
authority, upon finding that such waiver is necessary to ensure
that public or private work to restore order in the
municipality/county will not be impeded.

SECTION 19. REVOCATION

The appropriate authority may revoke any permit issued
pursuant to this chapter for fraud, misrepresentation or violation
of conditions imposed pursuant to the permit, or other good cause.
In the event the authority chooses to revoke a permit, written
notice of the intent to revoke such permit shall be provided to the
applicant, setting forth the specific reasons for the revocation.
The applicant shall have the right to appear before the authority
at a time and date specified in the notice to show cause why the
permit issued to the applicant should not be revoked.

If the authority determines to revoke a permit issued pursuant
to this chapter, after the notice procedure as provided above, the
applicant shall immediately cease all work on the site. The
applicant shall have-the right to appear before the commission in
accordance with Section 20 to show cause why the permit issued to
the applicant should be reinstated.

SECTION 20. APPEAL

Any person may appeal a decision denying a permit required by
this chapter within fifteen (15) days from the date of the
decision. Appeal shall be made to the appropriate authority by
filing a written notice of appeal with the municipal/county clerk
in duplicate along with a fee to cover the cost of publishing the
notice of hearing the appeal. The appeal shall concisely state the
grounds for the appeal. The Board of Adjustment shall hear and
consider all facts material to the appeal and shall render a
decision within fifteen (15) days from hearing the appeal. This
decision shall be final except for appeals to the courts of the
state.

SECTION 21. PENALTIES

(a) Whoever shall violate the provisions of this chapter shall be
subject, upon conviction in a court of competent jurisdiction,
to a fine not exceeding the sum of five hundred ($500.00)
dollars, or imprisonment in jail not exceeding sixty (60)
days, or both such fine and imprisonment. Each day of the
violation of the provisions of this chapter shall constitute
a separate offense.

(b) In the event of a violation of this chapter, the offender may
choose resolution by imposition of fines and/or imprisonment,
consent, or monetary reimbursement. If consent is chosen, the
appropriate authority may require the replacement of destroyed
plant and tree species on a three (3) to one (1) basis.
Reimbursement to the municipal ity/county shall be made in
money equivalent to the value of the species destroyed. Value
shall be based on two (2) estimates at wholesale price by
averaging same.

(c) Further, in the event destruction of the plant, wildlife, or
lands herein protected shall occur after work has commenced on
a parcel of land prior to or after a building permit has been
issued, the appropriate authority shall have the right and
power to enter an order enjoining or terminating any work or
activity on site with such order remaining in effect until
removed by the commission or by a court of competent
jurisdiction; provided, however, said authority shall present
to the Commission within ten (10) days of date such order is
entered, all facts sustaining same with copy thereof furnished
to the offender; and the Commission shall resolve the issues
at a public hearing no later than twenty-five (25) days from
date the original order is entered with a minimum of five (5)
days written notice thereof to the offender.

(d) All of the monies received by way of fines shall be held in a
separate account and used by the municipal ity/county solely
for the purchase of environmentally sensitive lands or the
restoration of native habitats on public lands. All
acquisitions made through this program shall be voluntary
acquisitions.

SECTION 22. SEVERABILITY.

If any section, paragraph, sentence, clause, phrase or word of
this ordinance is for any reason held by the court to be
unconstitutional, inoperative, or void, such holding shall not
affect the remainder of this ordinance.

APPENDIX E

MODEL SEA TURTLE HABITAT
PROTECTION ORDINANCE

0 ,

MODEL SEA TURTLE HABITAT PROTECTION ORDINANCE

TABLE OF CONTENTS

SECTION PAGE

1. INTENT AND PURPOSE . . . . . . . . . . . . . . . . . . . 1

2. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . 1

3. STATE REQUIREMENTS FOR COASTAL CONSTRUCTION . . . . . . 3

4. GENERAL STANDARDS FOR COASTAL CONSTRUCTION . . . . . . . 5

5. LIGHTING REGULATIONS . . . . . . . . . . . . . . . . . . 6

6. PROHIBITION OF ACTIVITIES DISRUPTIVE TO SEA TURTLES 10

7. STANDARDS FOR MECHANICAL BEACH CLEANING . . . . . . . . 10

8. COMPLIANCE . . . . . . . . . . . . . . . . . . . . . . . 11

9. ADMINISTRATIVE EXEMPTIONS, VARIANCES, WAIVERS . . . . . 12

10. EMERGENCIES . . . . . . . . . . . . . . . . . . . . . . 14

11. APPEALS . . . . . . . . . . . . . . . . . . . . . . . . 14

12. PENALTIES . . . . . . . . . . . . . . . . . . . . . . . 14

13. SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . 15

APPENDICES

A. INFORMATION FORM TO ASSESS AND REDUCE IMPACTS TO MARINE
TURTLES (FDNR)

B. MODEL LIGHTING ORDINANCE (STATE OF FLORIDA, CHAPTER 16B-55)

XODEL SEA TURTLE HABITAT PROTECTION ORDINANCE

SECTION 1. INTENT AND PURPOSE

In recognizing the unique characteristics of the sea turtle
nesting cycle, this ordinance is promulgated to prevent or minimize
the hazards adversely impacting nesting females and their
hatchlings from any or all of the following: coastal construction
activity, beachfront lighting, beach/dune preservation,
stabilization and restoration projects, mechanical beach cleaning,
and other coastal activities disruptive to the nesting cycle.

SECTION 2. DEFINITIONS

Unless specifically defined in this section, words or phrases used
in this chapter shall be interpreted so as to give them the meaning
they have in common usage and to give this chapter its most
effective application, in consideration of its stated intent.

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

Beach: That area of unconsolidated material that extends
landward from the mean low water line to the place where there
is a marked change in material or physiographic form, or to
the line of permanent vegetation (usually the effective limit
of storm waves).

Beach access point: Any path through or over the dune used by
the general public; or, with respect to private property, by
the owners or with the owner's permission, for the purpose of
gaining access to the beach.

Beachfront lighting: All artificial lighting within the
jurisdictional boundaries of this section.

"Bug" type bulb: Any yellow colored light bulb that is
marketed as being specifically treated in such a way so as to
reduce the attraction of bugs to the light.

Coastal construction: The carrying out of any activity within
jurisdictional boundaries to modify or improve site conditions
including, but not limited to, building, clearing, filling,
excavation, beach/dune preservation, stabilization and
restoration projects, mechanical beach cleaning, grading or
planting of vegetation, or the making of any material change
in the size or use of any structure or the appearance of site

conditions, or the placement of equipment or material upon
such sites.

Cumulatively illuminated: Illuminated by numerous artificial
light sources that as a group illuminate any portion of the
beach.

FDEP: The Florida Department of Environmental Protection.

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

Frontal dune: The first natural or man-made mound or bluff of
sand which is located landward of the beach and which has
sufficient vegetation, height, continuity, and configuration
to offer protective value. Also known as primary dune.

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

Hatchling:- Any species of sea turtle, within or outside of a
nest, which has recently hatched from an egg.

Low profile luminaire: Any 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.

Mechanical beach cleaning: - Any mechanical means by which
debris is removed from the beach.

Nest: The area in and around a place in which sea turtle eggs
are naturally deposited or relocated beneath the sediments of
the beach/dune system.

Nesting season: The period from May 1 through October 31 of
each year for all counties except Brevard, Indian River, St.
Lucie, Martin, Palm Beach, and Broward. In areas of known
leatherback nesting, (Brevard, Indian River, St. Lucie,
Martin, Palm Beach, and Broward counties), the nesting season
will be the period March 1 through October 31 of each year.

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

Nighttime:' The locally effective time period between sunset
and sunrise.

Permitted agent of the state: Any qualified individual,
0 2

group, or organization possessing a permit from the Florida
Department of Environmental Protection to conduct activities
related to sea turtle protection and conservation.

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

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

Primary dune: See Frontal Dune

Sea turtle(s): Any specimen belonging to the species Caretta
caretta (loggerhead turtle) , Chelonia mydas (green turtle) ,
Dermochelys coriacea (leatherback turtle), Eretmochelys
imbricata (hawksbill turtle) , or any other marine turtle using
the beaches of the jurisdictional boundaries as a nesting
habitat. For purposes of this ordinance, sea turtle is
synonymous with marine turtle.

Turtle walk: Any organized, educational, public awareness
program expressly formed for the purpose of observing nesting
or hatching sea turtles.

SECTION 3. STATE REQUIREMENTS FOR COASTAL CONSTRUCTION

(a) Application. Pursuant to Section 370.12 (3) (D), Florida
Statute, effective July 1, 1991, any application for a department
permit or other type of approval for an activity that affects
marine turtles or their nests or habitat shall be subject to
conditions and requirements for marine turtle protection as part of
the permitting or approval process. Submission of the Information
Form to Assess and Reduce Impacts to Marine Turtles (FMRI 33-718,
last rev. 6/27/91) is required as a completion item for permit
applications under Section 161.041 and 161.053, F.S. (Sample
application listed in Appendix A). The application shall be
required for all activities requiring a Coastal Construction
Control Line (CCCL) permit, including but not limited to:

(1) All coastal construction involving the installation of
permanently maintained light fixtures.

(2) All coastal construction conducted during the nesting
season, seaward of the primary dune or landward of the primary
dune where sea turtles are known to nest.

0 3

(b) FMRI Application Requirements:

(1) Site plans (map view and prof ile view) showing the
location of all exterior lighting fixtures. Two (2) copies of
each site plan are required and all shall be drawn to scale
and include a north arrow. For multiple story structures, a
site plan is required for each floor. If each floor
incorporates identical lighting plans, this will be so
indicated and only one site plan shall be submitted depicting
a representative floor. Distinctive and clearly marked
symbols shall be utilized to show the location of each type of
proposed fixture. A detailed description of each fixture (cut
sheet) shall be included. A table with the columns shall
accompany the site plans:

SYMBOL
FIXTURE (name or stock number)
NUMBER OF FIXTURES
BULB WATTAGE AND TYPE (e.g., 40W yellow "bug" lamp)
TYPE OF MOUNT (e.g. wall, pole, bollard)
MOUNTING HEIGHT

(2) Status of all other permits, including permit or file
number, date applied for and date issued.

(3) Site information, including city and county location,
street address, legal description of the parcel referencing
FDEP monuments, and linear feet of shoreline affected.

(4) Project description, including a specific description of
the project, and photographs of the project site. Standard
print photographs shall be labelled and marked appropriately
to clearly indicate specific aspects of the proposed project.

(5) Construction information checklist, indicating the type
of facilities and/or activities proposed for the project.

(6) Proposed construction schedule, including vehicles,
equipment and materials to be used seaward of the landward toe
of the primary dune (if applicable).

(7) Points of access to the construction site. If beach
access points are to be used, methods and routes to move
equipment and material to and from the project site via the
beach will be noted. Location of beach access points and
distance from the project site will be noted.

(8) Any other mitigative and/or protective measures to
eliminate project impacts to marine turtles will be so noted.

SECTION 4. GENERAL STANDARDS FOR COASTAL CONSTRUCTION

(a) Application approval. Prior to the issuance of a building
permit or approval of a site plan, the standards set forth herein
must be met. Approval of the FDEP form FRMI does not relieve
applicants from complying with all other applicable conditions set
out in this section or from mitigating against subsequent negative
impacts to sea turtles, their nests or eggs, resulting from the
approved activity.

(b) Timing considerations. Coastal construction shall be limited
to the maximum extent possible to the non-nesting season (November
1 through April 30 for all species other than leatherback areas.
November 1 through February 28 in leatherback nesting areas) .
Coastal construction (other than government approved hydraulic
filling activities) occurring during any portion of the nesting
season shall be conducted during daylight hours only.

(c) Coastal construction seaward of the primary dune during the
nesting season.' Appropriate protect ive/mitigative measures for sea
turtles, developed pursuant to this section, shall be implemented
for all coastal construction seaward of the primary dune during the
nesting season.

(d) Restrictions on nighttime security lighting. Temporary
nighttime security lighting should be limited to the fewest number
of lights necessary to provide adequate security and shall be
restricted as follows:

(1) Shall be mounted not more than fifteen feet (151) above
the ground.

(2) Shall not illuminate areas outside of the subject
property.

(3) Shall not directly illuminate areas seaward of the
primary dune, unless protective/mitigative measures for
lighting impacts are developed pursuant to this section.

(e) Protect ive/m itigat ive measures. These measures shall include,
but not be limited to, the following, as applicable:

(1) Nest relocation. A permitted agent of the state shall
conduct a preliminary site survey and relocate all sea turtle
nests to a safe habitat during the nesting season.

(2) Exemption of preliminary site survey. Construction
activity in progress on or before the first day of nesting
season of each year shall be exempt from a preliminary site
survey but shall implement daily nesting surveys pursuant to
Section 4(e)(5) below.

(3) Delay of construction. If nests are known to be present
during a preliminary site survey and cannot be relocated
and/or removed to a safe habitat, commencement of construction
shall be postponed for sixty (60) days or until all
potentially affected nests have hatched.

(4) Prevention of construction delays. Person(s)
anticipating construction starts during the nesting season may
obtain the services of a permitted agent of the state to mark
all nests on a daily basis as set out in FDEP guidelines,
beginning no later than the first day of nesting season of
each year. The nests may be relocated by the permitted agent
of the state after all permits have been obtained.

(5) Daily nesting surveys. A permitted agent of the state
shall conduct daily nesting surveys of construction areas
seaward of the primary dune and shall cage sea turtle nests or
relocate the nests to a safe habitat.

SECTION 5. LIGHTING REGULATIONS

(a) New Development.

(1) For new development, construction and building and
electrical plans for construction of single or multifamily
dwellings, commercial or other structures including electrical
plans associated with parking lots, dune walkovers, or other
outdoor lighting for real property, if lighting is associated
with such construction or development and can be seen from the
beach, the lighting shall be in compliance with the following:

a. Exterior artificial light fixtures shall be designed
and positioned so that:

1. The point source of light of any reflective
surface of the light fixture is not directly
visible from the beach;

2. Areas seaward of the frontal dune are not
directly or indirectly illuminated; and

3. Areas seaward of the frontal dune are not
cumulatively illuminated.

b. Exterior artificial light fixtures within direct
line-of-sight of the beach are considered appropriately
designed if:

1. Completely shielded down-light only fixtures or
recessed fixtures having low-wattage (ie. 50 watts
is 6

or less) "bug" type bulbs and non-reflective
interior surfaces are used. other fixtures that
have appropriate shields, louvers, or cut-off
features may also be used if they are in compliance
with Section 5(a)(1), (2), and (3) above.; and

2. All fixtures are mounted as low in elevation as
possible through the use of low-mounted wall
fixtures, low bollards, and ground level fixtures.

C. The use of outdoor lighting for safety and security
purposes shall be limited to the minimum number required
to achieve their functional roles. Floodlights,
decorative landscape or accent lighting shall be
prohibited.

d. 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 and shall not illuminate the beach or dune area on
the seaward side of the pole.

e. Low profile luminaries shall be used in parking lots
and dune crosswalks and shall be positioned or shielded
so that no light illuminates the beach.

f. Temporary security lights will be erected under the
provisions of Section 4(d).

(b) Existing Development.

(1) It is desired that artificial sources of light from
existing structures are not directly visible from the beach
and do not directly illuminate the area seaward of the primary
dune. To further this intent, the following shall apply:

a. Lights illuminating buildings or associated grounds
for decorative or recreational purposes shall be shielded
or screened such that they are not visible from the
beach, or turned off between 9:00 p.m. and 6:00 a.m.
during the nesting season of each year.

b. Lights illuminating dune crosswalks of any areas
oceanward of the dune line shall be turned off between
9:00 p.m. and 6:00 a.m. during the nesting season of each
year.

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

d. To prevent interior lights from illuminating the
beach during nesting season, one (1) or a combination of
the following window treatments are required on all
windows of single and multistory structures.

1. Blackout draperies or shade-screens

2. Window tint/film with a shading coefficient
(the percent of incident radiation passing through
a window) of 0.37 to 0.45.

3. The turning off of all unnecessary interior
lights.

4. Rearrangement of lamps and other moveable
fixtures away from windows.

(1) Lighting for pedestrian traffic.

a. Beach access points, dune crossovers, beach walkways,
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.

Lighting for pedestrian traffic shall be of low
intensity and recessed or shielded so that the source
light is not directly visible from the beach.

(2) Street and park lighting.

a. Streetlights shall be located so that the bulk of
their illumination will travel away from the beach.
These lights shall be equipped with shades or shields
that will prevent backlighting and render such lights not
visible from the beach.

b. Lights at parks and other public beach access points
shall be properly positioned or shielded so that no light
illuminates the beach.

(3) Other light sources.

a. Parking lots and roadways, including any paved or
unpaved area upon which motorized vehicles will operate,
shall'be designed and/or positioned such that vehicular
headlights do not cast light on the beach. This
shielding may be accomplished by the use of hedges, dune
vegetation and or other ground level barriers.

b. All other publicly owned lighting not specifically
mentioned in the above sections that has the capability
of illumination of the beach must either be:

1. Retrofitted with screening, shielding, or
repositioned so that no light is illuminated onto
the beach, or

2. Turned off between the hours of 9:00 p.m. and
6:00 a.m. during the nesting season.

(d) Retrofitting. Should it be determined that existing exterior
lighting is not in compliance, one or a combination of the
following measures shall be taken to reduce or eliminate the
negative effects of existing exterior artificial lighting:

(1) Repositioning fixtures so that the point source of light
or any reflective surface of the light fixture is no longer
visible from the beach.

(2) Replacement of fixtures having an exposed light source
with fixtures containing recessed light sources or shields.

(3) Replacement of traditional light bulbs with yellow 11buglo
type bulbs not exceeding 50 watts.

(4) Replacement of non-directional fixtures with directional
fixtures that point down and away from the beach.

(5) Replacementof fixtures having transparent or translucent
coverings with fixtures having opaque shields covering an arc
of at least one hundred and eighty (180) degrees and extending
an appropriate distance below the bottom edge of the fixture
on the seaward side so that the light source or any reflective
surface of the light fixture is not visible from the beach.

(6) Replacement of pole lamps with low-profile, low-level
luminaries so that the light source or any reflective surface
is not visible from the beach.

(7) Replacement of incandescent, fluorescent, and high
intensity lighting with the lowest wattage low pressure sodium
vapor lighting possible for the specific application.

(8) Planting or improvement of vegetation buffers between the
light source and the beach to screen light from the beach.

(9) Construction of a ground level barrier to shield light
sources from the beach. Ground-level barriers must not
interfere with marine turtle nesting or hatchling emergence,
or cause short- or long-term damage to the beach/dune system.

(10) Permanent removal or disabling of any fixture which
cannot be brought into compliance with the provision of these
standards.

SECTION 6. PROHIBITION OF ACTIVITIES DISRUPTIVE TO SEA TURTLES

(a) Prohibition of horseback riding, -campfires, and bonfires.
Horseback riding, campfires, and bonfires shall be prohibited on or
seaward of the primary dune during the nesting season. Areas of
prohibition for these activities are also extended to all areas
landward of the primary dune where sea turtles are known to nest.

(b) Prohibition of the operation of motorized vehicles. The
operation of motorized vehicles, including but not limited to cars,
of f -road vehicles (ATV I s) , and motorcycles, is prohibited during
nesting season times in those areas listed in Section 6(a). This
restriction shall not, apply to emergency and law enforcement
vehicles or those permitted on the beach for bona-fide FDEP
approved marine turtle conservation and/or research.

(c) Prohibiting disturbance or touching of sea turtles. Person(s)
wishing to observe sea turtle nesting and/or hatching are
encouraged to join a FDEP approved public awareness "turtle walk".
Groups or individuals conducting public awareness turtle walks must
obtain a permit from FDEP and follow FDEP guidelines. Any
disturbing, touching, harassing, killing or taking of any sea
turtle, hatchling, egg, or part of same is strictly prohibited.

SECTION 7. STANDARDS FOR HAND AND MECHANICAL BEACH CLEANING

A permit is required from both FDEP and the municipality
/county for all mechanical beach cleaning activities designed to
remove debris (both natural and manmade) from the beach, alter
beach profiles, or disturb more than the upper two (2) inches of
beach sediment' through the use of motorized vehicles or other
mechanical means. No permit is required for hand beach cleaning
accomplished to remove litter, natural and man-made debris. When
issuing a permit, the municipal ity/county shall take the conditions
listed below into account. A permit may be denied if it is deemed
by the appropriate authority that the mechanical beach cleaning
process is not in compliance with such conditions.

(a) Equipment, methodologies and points of access shall be
consistent with long term beach/dune preservation policies
established by the municipality/county and state.

(b) Both hand and mechanical beach cleaning shall be confined to
daylight hours (6:01 a.m. to 8:59 p.m.) during the specified
nesting season.

(c) Any person engaging in mechanical beach cleaning activities
during any portion of the nesting season shall prepare and submit
a FDEP Information Form to Assess and Reduce Impacts to Marine
Turtles (FMRI) in accordance with conditions set forth in Section
3(b) above.

(d) All mechanical beach cleaning operations shall be coordinated
through the FDEP to ensure that these operations do not interfere
with FDEP-sanctioned scientific studies of sea turtle nesting
activities.

(e) In the aftermath of a natural event, such as a major storm or
red tide, mechanical raking may occur if the beach area affected
has been part of a sea turtle monitoring program and a bona fide
research agency, with a Florida Department of Environmental
Protection Turtle Permit, has certified that mechanical raking will
not disturb any identified sea turtle nest and a copy of the
required Florida Department of Environmental Protection field
permit, for mechanical raking, has been filed with and approved by
the municipality/county, and state, or the appropriate agencies.

SECTION 8. COMPLIANCE

(a) State compliance.

(1) The Information Form to Assess and Reduce Impacts to
Marine Turtles shall be completed as stated in Section 3. The
application will be reviewed by the Florida Department of
Environmental Protection, Division of Beaches and Shores.
Upon approval, the applicant will be issued a permit, such
permit to incorporate marine turtle nesting conservation
measures and special permit conditions (if any) . A copy of the
approved application and permit shall be provided to the
municipality/county prior to commencement of construction.
(2) The applicant shall provide to the municipality/county'
copies of all permits related to the coastal construction,
including, but not limited to, permits issued by the state
and/or federal Department of Environmental Protection, and the
United States Army Corps of Engineers

(b) Beachfront lighting approval.

(1) Prior to the issuance of a Certificate of Occupancy (CO)
or final building approval, each construction activity will be
inspected for compliance as follows:

a. Upon completion of construction activities, a
registered Florida architect or certified professional

engineer or their designee shall conduct a site
inspection, which includes a night survey with all
beachfront lighting turned on.

b. The inspector shall prepare a report of the
inspection findings attesting that all applicable
exterior lighting installed in conjunction with the new
construction complies with the standards set forth in
Section 5(a).

C. The inspector shall sign and seal the inspection
report, which includes a certification to and for
reliance on by the municipality/county that:

1. The beachfront lighting has been constructed in
accordance with both state and local ordinances.

2. The beachfront lighting does not illuminate
areas seaward of the primary dune at the time of
night inspection.

3. The beachfront light sources are not directly
visible from the beach at the time of night
inspection.

d. Failure to meet lighting standards contained in this
section shall be cause for denial of CO or final building
approval.

(c) Approval not exclusive. Approval of the state's FMRI
application shall not relieve person(s) from complying with all
other applicable conditions set out in this chapter or from
mitigating against subsequent negative impacts to sea turtles,
their nests or eggs, resulting from the approved activity.

(d) Periodic compliance inspections. Periodic nighttime lighting
inspections shall be performed from the beach to determine the
extent of compliance with this ordinance. These inspections shall
be performed at least annually prior to the commencement of the
main portion of the marine turtle nesting season and at least once
during the marine turtle nesting season by a qualified agent of the
municipality/county or a qualified person appointed or contracted
by the municipality/county. Inspections shall include both public
and private properties within jurisdictional boundaries.

SECTION 9. ADMINISTRATIVE EXEMPTIONS, VARIANCES, WAIVERS

(a) Authority to grant exemptions. It is the policy of the Board
of City/County Commissioners to minimize artificial light
illumination of the beach within their jurisdictional boundaries.

However, the Board of City/County Commissioners recognizes that the
protection of sea turtles must be balanced with the health, safety
and welfare interests of persons which may warrant more light or
additional beach activity along some beaches. In recognition of
the need to balance the interests of the sea turtle with interests
of public safety, upon written application, the administrator shall
have the authority to exempt any lighting or activities affected by
this chapter from any or all provisions of this chapter.

(b) Criteria for granting exemption. In reaching a decision on
a written application for exemption, the administrator shall make
the following determinations:

(1) It shall be determined that there will be no significant
adverse effect upon the surrounding lands and waters.

(2) It shall be determined that there will be no significant
adverse effect upon the environmental quality of the area.

(3) It shall be determined that public safety will be
adversely affected to a significant degree should the
exemption not be granted.

(4) The exemption, if granted, shall be the minimum exemption
that will make possible reasonable protection of both the sea
turtles and the public safety concerns.

(c) Application. Application for exemption under this Section
shall be made in writing on a form provided by the administrator,
and shall include:

(1) A plan which shall depict the site, the location of all
buildings or structures on the site, and the location of all
lighting on site.

(2) An aerial photograph at a scale of one inch (111) equals
three hundred feet (3001).

(3) The nature of the exemption requested, and the limit of
activity to take place on said parcel.

(4) Written reason(s) why the exemption should be approved.

(5) Any additional necessary or appropriate items which the
administrator may require.

(d) Denial. If the administrator denies the exemption, the
applicant may file an appeal of the administrator's written
decision.

SECTION 10. EMERGENCIES
40 In the case of emergency conditions including, but not limited
to hurricanes, windstorms, floods, freezes or other disasters, the
requirements of these regulations may be waived by the appropriate
authority, upon finding that such waiver is necessary to ensure
that public or private work to restore order in the
municipality/county will not be impeded.

SECTION 11. APPEALS

Any person may appeal a decision denying a permit required by
this chapter within fifteen (15) days from the date of the
decision. Appeal shall be made to the Board of Adjustment/Appeals
by filing a written notice of appeal to cover the cost of
publishing the notice of hearing the appeal. The appeal shall
concisely state the grounds for the appeal. The Board shall hear
and consider all facts material to the appeal and shall render a
decision within fifteen (15) days from hearing the appeal. This
decision shall be final except for appeals to the courts of the
state.

SECTION 12. PENALTIES

(a) Whoever shall violate the provisions of this chapter shall be
subject, upon conviction in a court of competent jurisdiction, to
a fine not exceeding the sum of five hundred dollars ($500.00), or
imprisonment in jail not exceeding sixty (60) days, or both such
fine and imprisonment. Each day of the violation of the provisions
of this chapter shall constitute a separate offense.

(b) In the event destruction of the plant, wildlife, or lands
herein protected shall occur after work has commenced on a parcel
of land prior to or after a building permit has been issued, the
appropriate authority shall have the right and power to enter an
order enjoining or terminating any work or activity on site with
such order remaining in effect until removed by the commission or
by a court of competent jurisdiction; provided, however, said
authority shall present to the Commission within ten (10) days of
date such order is entered, all facts sustaining same with copy
thereof furnished to the offender; and the Commission shall
resolve the issues at a public hearing no later than twenty-five
(25) days from the date the original order is entered with a
minimum of five (5) days written notice thereof to the offender.

(c) All of the monies received by way of fines shall be held in a
separate account and used by the municipal ity/county solely for
public education programs and maintenance of sea turtle habitat.

is 14

SECTIOM 13* SEVERABILITY

If any section, paragraph, sentence, clause, phrase, or word
of this ordinance is for any reason held by the court to be
unconstitutional, inoperative, or void, such holding shall not
affect the remainder of this ordinance.

APPENDIX A

Florida Department of Natural Resources
INFORMATION FORM TO ASSESS AND REDUCE IMPACTS
TO MARINE TURTLES

Please read the entire form and supporting documentation carefully before making entries. This form
provides information to the Department regarding how the proposed project will impact marine turtles.
This form also provides guidelines that will enable the applicant to modify the proposed project, if
necessary, to reduce impacts to marine turtles. Unless otherwise determined by the Department, this
form must be approved for all activities requiring a Coastal Construction Control Line (CCCL) permit.

Applicants are strongly encouraged to submit this form early in the CCCL application process to reduce
the possibility of permitting delays. If, after reviewing this application, the applicant is still unsure
about using the guidelines contained herein, the services of an environmental consultant familiar with
sea turtle conservation should be secured to act as an agent for the applicant in developing the form.

Please mail the completed original form and all supporting documiqfntation to the address below. Forms
will be processed in the order they are received and incomplete forms will be returned for additional
information. Notification of form approval or denial will be submitted to the Division of Beaches and
Shores (DBS) project engineer. Unless otherwise requested, a copy of this notification will be sent
concurrently to the applicant listed on Page 4.

RETURN COMPLETED FORM TO:
Bureau of Coastal Engineering and Regulation
Florida Department of Natural Resources
Division of Beaches and Shores
Mail Station 310
3900 Commonwealth Boulevard
Tallahassee,Fl 32399
(904) 487-4475 AGENCY USE ONLY

DBS/CCCL File Number:
Date Received (DBS): Initials
Date Returned for Revision (DBS): Initials
Date Revision Received (DBS): Initials
Dated Completed (DBS): Initials
Dated Sent to DMR: Initials
Date Received (DMR): Initials
Date Approved: Initials ......................... ..........................................................

..................
...................................... ..........................
8qf I...... .........
................................

CCCL PROJECT GUIDELINES TO REDUCE IMPACTS TO MARINE TURTLES

SECTION 161.053(5)(C) FLORIDA STATUTE. The department may condition the nature, timing, and sequence of construction
of permitted activities to provide protection to nesting sea turtles and hatchlings and their habitat, pursuant to a. 370.12, and
to native salt-resistant vegetation and endangered plant communities.

SECTION 370.12(3)(D) FLORIDA STATUTE. Any application for a department permit or other type of approval for an activity
that affects marine turtles or their nests or habitat shall be subject to conditions and requirements for marine turtle protection
as part of the permitting or approval process.

CONSTRUCTION TIMING

The specific timing of all construction shall be included in the completed form. Construction or repair
of any structure on the sea turtle nesting beach (e.g., dune walkovers, seawalls or other revetments,
sandbags, groins or jetties, piers, etc.) or any other activity requiring beach disturbance (e.g., placing
fill, dune revegetation, excavation, etc.) is strongly discouraged during the main portion of the nesting
season, May 1 to October 31 (in areas of known leatherback nesting, special conditions may be
imposed beginning March 1). Proposals to conduct such activities during the nesting season will
require extended review by Department Staff and are unlikely to be approved unless emergency
circumstances are demonstrated. These proposals may also require the applicant to contract the
services of an entity possessing a special marine turtle permit to perform work involving marine turtles.
Projects which result in permanent modification of nesting habitat may require the evaluation of long-
term (multi-year) impacts on nesting activity. &

Please Remember: Any construction activity that disrupts a nesting marine turtle, disrupts or destroys
a sea turtle nest, or results in the injury or mortality of a marine turtle may subject the applicant to
pr osecution under the U.S. Endangered Species Act and Florida Statutes.

LIGHTING

General Information

The negative effects of beachfront lighting on marine turtle hatchlings and nesting females are well
documented. Hatchlings emerge during hours of darkness, allowing them to make their journey to the
sea when sand temperatures are low and terrestrial, avian, and aquatic predators comparatively few.
Proper hatchling orientation depends largely on a visual response to light. Under natural conditions,
the ocean presents the brightest and most open horizon, and this serves as a cue to hatchlings in their
ocean-finding behavior. Artificial lights disrupt this behavior and attract hatchlings as they emerge
from their nests. Visible light sources and the reflection or "glow" resulting from the cumulative
effects of coastal lights both contfibute to this problem. Instead of making their way to the ocean,
hatchlings become misoriented and may wander extensively on the beach. Even for those hatchlings
that eventually reach the ocean, unnecessaty wandering increases their vulnerability to predation and
expends limited energy stores. In addition, hatchlings may wander landward through beachfront
property or across parking lots and highways toward light sources. Most die from desiccation, direct
exposure to the morning sun, or contact with vehicles. Furthermore, beachfront lighting has been
documented to negatively affect nesting females and often results in reduced or abnormal nesting ac-
tivity.

General Guidelines

To prevent hatchling misorientation and adverse impacts to nesting turtles, installation of exterior
lighting is strongly discouraged. If exterior lighting is proposed, the following general guidelines shall
be followed. Adherence to these guidelines will help in developing an acceptable lighting plan.
However, in some cases, specific site conditions may warrant more stringent lighting restrictions.

1. Lights should not be placed on the seaward side of the subject prop" or in any location visible
from the nesting beach.

2. Lights positioned seaward of the landward too of the dune (or its equivalent) are prohibited.

3. The light source or any reflective surface of the light fixture must not be visible from any point on
the nesting beach. Illumination of any area of the nesting beach, either through direct illumination,
reflective illumination, or cumulative illumination is prohibited.

4. Completely shielded downlights without interior reflective surfaces are preferred. All proposed
fixtures shall be appropriately shielded, louvered, and/or recessed.

5. Fixtures shall be low mounted through the use of low bollards, ground level fixtures, or low wall
mounts.

6. Lights proposed for the seaward side of the subject property must incorporate either shielded low
pressure sodium lamps or low wattage (i.e., 50W or less) "bug" type bulbs. Exceptions may be
granted for extremely low wattage bulbs (e.g., 5W).

7. Lights for purely decorative or accent purposes shall not be used on the seaward side of the subject
property and, if proposed for the landward side shall be limited in number and intensity. The use of
uplights; is strongly discouraged and in most cases cannot be approved.

8. High intensity lighting, such as that proposed for roadways, shall utilize shielded low pressure
sodium lamps. The number of fixtures shall be kept to a minimum and shall be positioned and mounted
in a manner such that the point source of light or any reflective surface of the fixture is not visible from
any point on the nesting beach. Light emanating from thess fixtures may not directly or indirectly
illuminate the nesting beach.

9. Only low intensity lighting shall be utilized in parking areas that are visible from any point on the
nesting beach. This lighting shall be set on a base which raises the source of light no higher than 48"
off the ground and shall be positioned and shielded such that the point source of light or any reflective
surface of the light fixture is not visible from any point on the nesting beach. The light emanating from
such fixtures may not directly or indirectly illuminate the nesting beach.

10. Parking lots and roadways, including any paved or unpaved area upon which motorized vehicles
will operate, should be designed or positioned such that vehicular headlights do not cast light toward
or onto the nesting beach. Hedges, native dune vegetation, and/or other ground-level barriers should
be utilized to meet this objective.

11 . During construction, temporary security lighting during the main portion of the sea turtle nesting
season (May I - October 31) is strongly discouraged. If absolutely necessary, these lights shall be
limited to the fewest number necessary. Security lights shall be completely shielded and low-mounted.
Low pressure sodium vapor lamps or low wattage yellow "bug" type bulbs shall be utilized. Under no
circumstances shall these lights directly or indirectly illuminate any area of the nesting beach.

12. Tinted glass or window film that meets a transmittance value of 45% or less (inside to outside
transmittance) shall be utilized on all windows and glass doors visible from any point on the nesting
beach.

Application Requirements

The applicant shall provide site plans (map view and profile view) plainly showing the location of all
exterior lighting fixtures. Two copies of each site plan are required and all shall be drawn to scale and
include a north arrow. For multiple story structures, a site plan is required for each floor. If each floor
incorporates identical lighting plans, please indicate this and include only one site plan depicting a
representative floor. Distinctive and clearly marked symbols shall be utilized to show the location of
each type of proposed fixture. A detailed description of each fixture (cut sheet) shall be included. A
table with the following column headings shall accompany the site plans:
SYMBOL FIXTURE (name or NUMBER OF tTBUL13 WATTAGE AND TYPE OF MOUNT MOUNTING
stock mimbed FIXTURES YPE (e.g., 4OW (e.g., wall, pole, HEIGHT
I I I y Ilow *bug' lamp) bollard)

DNR FMR1 33-718 1/26/90. rev. 3/11/90. 4/6/90. 6/271913

PART ONE - APPLICANT INFORMATION

Please Type or Print.
CCCL Permit Applicant:

Agent of Applicant (if applicable):

Applicant (or Agent) Address:

Applicant (or Agent) Telephone Number(s):
[@@@f Applicant or Agent

CERTIFICATE OF CCCL PERMIT APPLICANT'S AUTHORIZATION

If this form is to be completed by an agent of the CCCL permit
applicant of record, the agent shall submit this certificate by which the
CCCL permit applicant authorizes the agent to act on his behalf for the
purpose of completing this form.

I hereby authorize
to complete this form and to act in my behalf in matters pertaining to
this form.

Signature of CCCL Permit Applicant

Printed or Typed Name of CCCL Permit Applicant. Also Name and Title
of Person Signing if Representing a Corporation or Firm.

CAUTION: Providing Information in this permit application or
certification which you know to be false is a misdemeanor of the
second degree pursuant to Section 837.06, Florida Statutes; and is
punishable as Is provided in Section 775.082, 775.083, or 775.084,
Florida Statues.

PART TWO - PERMIT INFORMATION

PLEASE INDICATE THE STATUS OF THE FOLLOWING PERMITS.

Permit or File Number Date Applied Date Issued

FDNR - DBS/CCCL

Army Corps Engineers

Dept. Environmental Reg.

Water Management District

Other (Specify):

PART THREE - SITE INFORMATION AND PROJECT DESCRIPTION
10

City and County of Subject Parcel:

Street Address of Subject Parcel or Distance and Direction from Closest Established Street Address:

Legal Description of Subject Parcel Referencing DNR Monuments:

Unear Feet of Shoreline Affected:

PLEASE GIVE A SPECIFIC DESCRIPTION OF THE PROJECT. ATTACH ADDITIONAL SHEETS. IF
NECESSARY. PHOTOGRAPHS OF THE PROJECT SITE ARE ALSO REQUESTED, STANDARD PRINT
PHOTOGRAPHS SHALL BE LABELLED AND MARKED APPROPRIATELY TO CLEARLY INDICATE
SPECIFIC ASPECTS OF THE PROPOSED PROJECT.
@
FDNR - I

Army Cc
E

DNR FMPJ 33-718 1/26/90, rev. 311/90, 4/8/90. 8/27191

PART FOUR - CONSTRUCTION INFORMATION

PROJECT SUMMARY. PLEASE CHECK APPROPRIATE ACTIVITY(IES).

Private Single Dwelling Commercial Structure
Private Multi-Dwelling Beach Renourishment
Public Works Project Dune Crossover/Access
Beach/Dune Project Erosion Control Structure
Beach Cleaning Other Construction

SPECIFIC PROJECT INFORMATION. PLEASE CHECK THOSE ITEMS BELOW WHICH ARE PROPOSED
FOR THE PROJECT. EACH ITEM CHECKED MUST BE INCLUDED ON THE APPROPRIATE SITE PLAN.

1. Buildings 4. Parking Lot/Roadway

a. New 1 1 5. Ground Level Barriers
b. Renovation/Addition a. Increasing Dune Height
b. Revegetation
2. Recreational Facilities c. Hedges
d. Privacy Fences
a. Tennis Court
b. Swimming Pool 6. Dune Vegetation Sprinkler System I I
c. Other
7. High Intensity Lighting
3. Pedestrian Traffic Ways
8. Low Intensity Lighting
a. Internal Walkway a. Wallmount Fixtures
b. Beach Walkway b. Landscape Fixtures
c. Beach Access Point c. Balcony Fixtures
d. Dune Crossover d. Parking Lot Lighting
9. Pier 9. Dune Crossover Lighting
f. Deck
g. Other Structure 9. Glass Doors or Windows

IF THERE ARE ANY OTHER ITEMS PROPOSED, BUT NOT ON THE PRECEDING CHECKLIST, PLEASE
DESCRIBE BELOW.

PART FOUR - CONSTRUCTION INFORMATION CCONT)

DESCRIBE PROPOSED CONSTRUCTION SCHEDULE.

Construction Activity (please be specific) Start Date End Date

DESCRIBE VEHICLES, EQUIPMENT, AND MATERIALS TO BE USED SEAWARD OF THE LANDWARD
TOE OF THE PRIMARY DUNE (IF APPLICABLE).

DESCRIBE POINTS OF ACCESS TO THE CONSTRUCTION SITE. IF BEACH ACCESS POINTS ARE TO
BE USED, PLEASE DESCRIBE METHODS AND ROUTES PROPOSED FOR MOVING EQUIPMENT AND
MATERIAL TO AND FROM THE PROJECT SITE VIA THE BEACH. PLEASE INCLUDE LOCATION OF
BEACH ACCESS POINTS (IF APPLICABLE) AND DISTANCE FROM PROJECT SITE.

ONR FMFV 33-718 1/26/90. rev. 3/1/90. 4/6/90. 0/27/91

PART FIVE - ADDITIONAL INFORMATION

DESCRIBE ANY OTHER PROPOSED PROTECTIVE MEASURES TO ELIMINATE PROJECT IMPACTS TO
MARINE TURTLES.
0

0 -

0. 8

DE Lawton awn
FLORIDA DEPARTMENT OF NATURAL RESOURCES Gmrw

Jim Smith
Marjory Stoneman Douglas Building Secretary of SW
3900 Commonwealth Boulevard Bob Butlemorth
1WlahL%ee, Florida 32399 Attorney General
Gerald Lewis
Tom Gardnm Eumthe Durectoir Slate Comptroller
Tom Gallagher
State Treaurer

Bob Crawford
Commissioner of Agriculture
Betty Castoir
Commissioner of Education

Dear Applicant:

Pursuant to Section 370.12(3)(D), Florida Statute, effective July
1, 1991, any application for a department permit or other type of
approval f or an activity that affects marine turtles or their nests
or habitat shall be subject to conditions and requirements for
marine turtle protection as part of the permitting or approval
process.

Submission of the Information Formto Assess and Reduce Impacts to
Marine Turtles DNR FMRI 33-718 1/26/90, rev. 3/1/90, 4/6/90,
6/27/91 is required as a completion item for permit applications
under Section 161.041 and 161.053, F.S.

The information provided on the form shall be used to assess
impacts on marine turtles and to incorporate into the permit,
marine turtle nesting conservation measures and special permit
conditions within the Chapter 120, F.S. permit review time frame.

If you have any questions regarding the form or in general, please
contact me at (904) 487-1262, or at the letterhead address, Mail
Station 315.

Sincerely,

DIVISION OF BEACHES AND SHORES
X@44-@
M. W. Sble, Environmental Specialist
Office of Beach Management

/mws

Administration Beaches and Shores Law Enforcement Marine Resources Recreation and Parks Resource Management State 1And3

APPENDIX B (R. 4193)
8. p. 232-3 MODEL LIGHTING ORDINANCE

CHAPTER 16B-55 (7) -Dcpartment" means the Florida
MODEL LIGHTING ORDINANCE FOR Department of Natural Resources.
MARINE TURTLE PROTECTION (8) "Directly illuminated" means illuminated as
a result of glowing clement(s), lamp(s), globe(s), or
16B-55.001 Purpose and Intent. reflector(s) of an artificial light source which is
1613-55.002 Definitions. visible to an observer on the beach.
[email protected] Marine Turtle Nesting Areas. (9) "Dune" means a mound or ridge of loose
16B.55.004 'General Guidance to Local sediments, usually sand-sized, lying landward of
Governments. the beach and deposited by any natural or artificial
16B-55.005 Prohibition of Activities mechanism.
Disruptive to Marine Turtles. (10) "Frontal dune" means the first natural or
16B-55.006 Model Standards for New, man-made mound or bluff of sand which is located
Beachfront Lighting. landward of the beach and which has sufficient
16B-55.007 Model Standards for Existing vegetation, height, continuity, and configuration to
Beachfront Lighting. offer protective value.
1613-55.008 Proposed Enforcement and (11) "Ground-level barrier" means any
Penalties. vegetation, natural feature or artificial structure
16B-55.009 Monitoring and Reporting rising from the ground which prevents beachfront
Guidance. lighting from shining directly onto the beach-dune
16B-55.001 Purpose and Intent. The purpose system.
or this rule is to implement Section 161.163, (12) "Hat 'chling" means any species of marine
Florida Statutes, which requires the department to turtle, within or outside of a nest, that has recently
hatched from an egg.
'designate coastal areas utilized, or likely-to be
utilized, by sea turtles for nesting, and to establish (13) "Indirectly illuminated". means
guidelines for local government regulations that illuminated as a result of the glowing element(s),
control beachfront lighting to protect hatching sea lamp(s), globe(s), or reflector(s) of an artificial
turtles. This rule is intended to guide local light source which is not visible to an observer on
governments in developing ordinances which wi I the beach.
protect hatchling marine turtles from the advers (14) "Local govcrnmerA- means any county
effects or artificial lighting, provide overall listed in (4) above and any municipality,
improvement in nesting habitat degraded by light community development district, or special taxing
pollution. and increase successful nesting activity district within those counties.
and production of hatchlings. (15) "Marine turtle" means any
Specific Authority 161.163 FS. Low Implemented marine-dwelling reptile of the families Cheloniidae
161.163 FS. Histori-New 3-30-93. or Dermochelyidae found in Florida waters or using
the beach as nesting habitat, including the species:
16B-55.002 Definitions. Careita carelto (loggerhead), Chelonia mydas
(1) "Artificial light'* or *'artificial lighting" (green), Dermochel),s coriacea (leatherback),
means the light emanating from any human-made Erermochelys imbricaia (hawksbill), and
device. Lepidochelys kernpi (Kemp's ridicy). For purposes
(2) "Beach" means the zone of unconsolidated of this rule, marine turtle is synonymous with sea
material that extends landward from the mean low turtle. 4
water line to the place where there is a marked (16) "Nest" means an area %%,here marme turtle
change in material or physiographic form, or to the eggs have been naturally deposited or subsequently
line of permanent vegetation, usually the effective relocated.
limit of storm waves. (17) "Nesting season- means the period from
(3) "Bug" type bulb means any yellow colored May I through October 31 of each year for all
light bulb that is marketed as being tpecifically counties except Brevard, Indian River, St. Lucie,
treated in such a way so as to reduce the attraction Martin, Palm Beach, and Broward. Nesting season
of bugs to the light. for Brevard, Indian River, St. Lucie, Martin, Palm
(4) "Coastal construction activities" means any Beach, ami-Broward counties means the period
work or activity that is likely to have a material from March I through October 31 of each year.
physical effect on existing coastal conditions or (18) "Nighttime" means the locally effective
natural short and inlet processes. time period between sunset and sunrise.
(5) "County" means Bay, Brevard, Broward, (19) "Person" means individuals. firms,
Charlotte, Citrus, Collier, Dade, Dixie, Duval, associations, joint ventures. partnerships, estates,
Escambia, Flagler. Franklin, Gulf, Hernando, trusts, syndicates. fiduciaries, corporations, and all
Indian River, Jefferson, Lee, Levy, Manatee, other groups or combinations.
Martin. Monroe, Nassau, Okaloosa, Palm Beach. (20) @'Tinttd glass" means any glass treated to
Pasco, Pinellas, St. Johns, St. Lucie, Santa Rosa, achieve an industry-approved, inside-to-outside
Sarasota, Suwanee, Taylor, Volusia, Wakulla. and light transmittance value of 45% or less. Such
Walton Counties. transmittance is limited to the visible spectrum
(6) "Cumulatively illuminated" means (400 to 700 nanometers) and is measured as the
illuminated by numerous artificial light sources percentage of light that is transmitted through the
that as a group illuminate any p3rtion of the beach. glass.

(R. 4193)
168:.55.006 DEPARTMENT OFNATURAL RESOURCES 8. p. 232-4

Specifir Authoritt 161.163 FS. Law Implemented should be assessed for compliance with the local
01.163 FS. Htstor 'Y-Ae% J-30-93. government's lighting ordinance.
16B-55.003 Marine Turtle Nesting Areas. (d) Enforcement. Local governments should
develop a process for the consistent and effective
scientific investigations have demonstrated that nforcement of adopted guidelines. This process
marine turtles can nest along the entire coastline of c
should include at least one compliance inspection of
the state. Historical data arc not sufficient to the beach conducted at night prior to the
exclude any county as an area utilized by marine commencement of the main portion of the marine
turtles for nesting. For the purposes of this rule, turtle nesting season and one compliance inspection
however, the coastal areas of the state utilized, or conducted during the marine turt;c nesting season.
likely to be utilized, by marine turtles for nesting (2) The department considers'thc provisions of
include all beaches adjoining the waters of the this Chapter to be minimum guidelines for the
Atlantic Ocean, the Gulf of Mexico, and the Straits protection of nesting'habitat. nesting females. and
of Florida and located within Bay, Brevard, hatchling marine turtles from the negative effects
Broward, Charlotte, Collier, Dade, Duval, of artificial lighting. More stringent standards for
Escambia. Flagler, Franklin, Gulf, Indian River. marine turtle protection may be adopted by local
Lee, Manatee, Martin, Monroe, Nassau, Okaloosa, governments. Prior to adoption of any additional
Palm Beach, Pinellas, St. Johns, St. Lucie. Santa standards. local governments arc encouraged to
Rosa, Sarasota, Volusia, and Walton Counties; and consult with the department to ensure that the
all inlet shorelines of those beaches. proposed standards are consistent with th,-
Specific Authority 161.63 FS. Law implemented 161.163
FS. Histor)-New 3-30-93. guidelines set forth herein and with all other
applicable department rules.
16B-55.004 General Guidance to Local Specific Authority 161.63 FS. Law Imptemented 161.163
Governments. FS. [email protected] 3-30-.93.
(1) The responsibility for protecting nesting 16B-55.005 Prohibition of Activities Disruptive
female and hatchling marine turtles should be a to Marine Turtles. The following activities
joint responsibility of local government and the involving direct illumination of portions of the
department. Local governments are encouraged to beach should be prohibited on the beach at
adopt, implement, and enforce the guidelines nighttime during the nesting season for the
provided herein to assist in that responsibility.
Local governments that have adopted less stringent protection of nesting females, nests. and hatchling
regulations should consider amending existing marine turtles:
ordinances to provide greater protection to nesting (1) The operation of all motorized vehicles,
marine turtles and hatchlings. In the process of except emergency and law enforcement vehicles or
those permitted on the bcach for marine turtle
implementing these guidelines, the following
conservation or research.
management goals should also be considered by
local governments: (2) The building of campfires or bonfires.
Specific Authority 161.63 FS. Law Implemented 161.163
(a) Public Awareness. Any person submitting FS. History-New 3-30-93.
an application for coastal construction activities
within the jurisdictional boundaries of the local 16B-55.006 Model Standards for New
government should be informed of the existence of Beachfront Lighting. In order to provide the
and requirements within the local government's highest level of protection for nesting marine
ordinances concerning artificial lighting and turtles and their hatchlings, local governments
marine turtle protection. should adopt all of the following standards for
N Local Government Department artificial light sources on all new coastal
Communication. Upon adoption of these- construction:
guidelines, a system of communication between the (1) Exterior artificial light fixtures shall be
local government and 'the department should be designed and positioned so that:
developed if it does not already exist. Protection of (a) The point source of light or'any reflective
marine turtle nesting habitat, nesting females, and surface of the light fixture is not directly visible
hatchlings is greatly enhanced when local from the beach;
governments manage their beaches and coastal (b) Areas seaward of the frontal dune are not
activities in a manner consistent with prudent directly or indirectly illuminated; and
marine turtle conservation strategies. The (c) Areas seaward of the frontal dune are not
department is ready to assist local governments by cumulatively illuminated.
providing such conservation information and other (2) Exterior artificial light fixtures within direct
technical assistance. line-of-sight of the beach are considered
(c) Inter-Governmental Cooperation. Upon appropriately designed if:
adoption of these: guidelines, local governments (a) Completely shielded downlight only fixtures
should develop a system for receiving copies of or recessed fixtures having low wattage (i.e., So
permits issued by the department, the Department watts or less) "bug" type bulbs and non-reflective
of Environment;] Regulation, or the United States interior surfaccs are used. Other fixtures that have
Army Corps of Engineers for any coastal appropriate shields, louvers, or cut-off features may
construction ivithin the local government's also be used if they are in compliance with
jurisdiction. Activities permitted by these agencies subsection (1)(a), (b), and (c) above; and

(R. 4193)
8. p. 232-5 MODEL LIGHTING ORDINANCE 16B-55.008

(b) All fixtures am mounted as JoA in elevation (c) Areas seaward of the frontal dune are not
as possible through use of low-mounted wall cumulatively illuminated.
fixtures. low bollards. and ground-levcl fixtures. (2) The following measures shall be taken to
(3) Floodlights, uplights or spotlights for reduce or eliminate the negative cffects of existing
decorative and accent purposes that are directly exterior artificial lighting:
visible from the beach, or which indirectly or (a) Reposition fixtures so that the point source
cumulatively illuminate the beach, shall not be of light or any reflective surface of the light fixture
used. is no longer visible from the beach;
(4) Exterior lights used expressly for safety or (b) Replace fixtures having an exposed light
security purposes shall be limited to the minimum source with fixtures containing recessed light
number and configuration required to achieve their sources or shields-,
functional role(s). The use of motion detector (c) Replace traditional light bulbs with yellow
switches that keep lights off except when "bug" type bulbs not exceeding 50 watts;
approached and that switch lights on for the (d) Replace non-dircctional fixtures with
minimum duration possible are preferred. directional fixtures that point down and away from
(5) Only low intensity lighting shall be used in the beach,
parking areas within line-of-sight of the beach. (c) Replace fixtures having transparent or
Such lighting shall be: translucent coverings with fixtures having opaque
(a) Set on a base which raises the source of light shields covering an arc of at least 180 degrees and
no higher than 48 inches off the ground; and extending an appropriate distance b-zlow the
(b) Positioned or shielded so that the light is cast bottom edge of the fixture on the seaward side so
downwprd and the source of light or any reflective that the light source or any reflective surface of the
surface of the light fixture is not visible from the light fixture is not visible from the beach;
beach and doe's not directly or indirectly illuminate (f) Replace pole lamps ' with low-profile,
the beach. low-level luminaries so that the light source or any
(6) Parking areas and roadways, including any reflective surface of the light fixture is not visible
paved or unpaved areas upon which motorized from the beach;
vehicles will park or operate, shall be designed and (g) Replace incandescent, fluorescent, and high
located to prevent vehicular headlights from intensity lighting with the lowest wattage low
directly or indirectly illuminating the beach. pressure sodium vapor lighting possible for the
(7) Vehicular lighting, parking area lighting, specific application;
and roadway lighting shall be shielded from the (h) Plant or improve vegetation buffers between
beach through the use of ground-lcvc) barriers. the light source and the beach to screen light from
Ground-level barriers must not interfere with the beach;
marine turtle nesting or hatchling emergence, or (i) Construct a ground level barrier to shield
cause short- or long- term damage to the light sources from the beach. Ground-level barriers
beach/dune system. must not interfere with marine turtle nesting or
(8) Tinted glass shall be installed on all windows hatchling emergence, or cause short- or long- term
and glass doors of single or multi-story structures damage to the beach/dune system;
within line-of-sight of the beach. Permanently remove or permanently disable
(9) Use of appropriate)), shielded low pressure any fixture which cannot be brought into
sodium vapor lamps and fixtures shall be preferred compliance with the provisions of these standards.
for high-intensity lighting applications such as (3) The following measures shall be taken to
lighting parking areas and roadways, providing reduce or eliminate the negative effects of interior
security, and similar applications. light emanating from doors and windows within
(10) Temporary lighting of construction sites line-of-sight of the beach:
during the marin; turtle nesting season shall be (a) @pply window tint or film that meets the
restricted to the minimal amount necessary and standards fi@r tinted glass;
shall incorporate all of the standards of this section. (b) Rearrafigc lamps and other moveable
Specific Authority 161.63 FS. Low Implemented 161.163 fixtures away from windows;
FS. History-New 3-30-93, (c) Use window treatments (e.g., blinds,
curtains) to shield interior lights from the beach;
16B-55.007 Model Standards For Existing and
Beachfront Lighting. In order to provide the (d) Turn off unnecessary lights.
highest level of protection for nesting marine Specific A uthority 161.63 FS. Law Implemented 161.163
turtles and their hatchlings, local . governments FS. Hijtory@New 3-30-93.
should adopt all of the following standards for
existing artificial beachfront lighting sources: 16B-55.008 Proposed Enforcement and
(1) Existing artificial light fixtures shall be Penalties. Enforcement, appeal, and remedy of
repositioned, modified, or removed so that: matters related to this Chapter should be regulated
(a) The point source of light or any reflective pursuant to procedures established under local
surface of the light fixture is not directly visible ordinances. Penalties for non-compliancc should be
from the beach; established and should be sufficient to discourage
(b) Areas seaward of the frontal dune are not violations. Enforcement capability should be
directly or indirectly illuminated: and adequate to respond to possible vi@lations within

DEPARTMENT OF NATURAL RESOURCES V. 8 p. 232-6

the timeframe necessary in prevent continued and (4) Dispostion of all potential violations
prolonged impacts to marine turtles and hatchlings. including results. of enforcement actions and
Specific Authority 161.63 FS. Law Implemnted 161.163 amounts of penalties assessed.
FS. History--New 3-30-93. (5) Results of compliance checks conducted
16B.55.009 Monitoring and Reporting prior to and during the marine turtle nesting
season: and Guidance. The following information should be season,
compiled on an annual basis and submitted to the (6) Status of local lighting ordinances and any
department. amendments to those ordinances.
(1) Number of lighting applications reviewed; Specific Authority 161.63FS. Law Implemented 161.163
(2) Number of potential violations reported; FS. History--New 3-30-93.
(3) Number of potential violations investigated;

APPENDIX F

OURNE BEACH. rI

ToWN OF MELBOURNEBEACH

MELBOURNE BEACH REVEGETATION PROJECT
SCRUB JAY PROGRAM

WHERE: COMMUNITY CENTER

WHEN: THURSDAY, FEBRUARY 24 AT 7:OOPM

BE A PART OF THE ONGOING EFFORT TO HELP SAVE THREATENED AND
ENDANGERED WILDLIFE.

COME LEARN ABOUT THE THREATENED SCRUB JAY, WHERE THEY LIVE, AND HOW
0 YOU CAN HELP PROTECT AND RESTORE THEIR HABITAT RIGHT HERE IN
MELBOURNE BEACH.

KIM ZARILLO OF THE FLORIDA NATIVE PLANT SOCIETY WILL PRESENT A
SLIDE SHOW ABOUT SCRUB HABITAT AND THE FLORIDA SCRUB JAY.
DAVE CLAY OF THE ENVIRONMENTAL ADVISORY BOARD WILL DESCRIBE THE
TOWN'S HABITAT RESTORATION AND PROTECTION PROJECT, FUNDED BY A
GRANT FROM THE FLORIDA COASTAL MANAGEMENT PROGRAM, THAT WILL
INVOLVE REVEGETATING SOME AREAS OF THE TOWN WITH SCRUB PLANTS.

REFRESHMENTS WILL BE PROVIDED

WE LOOK FORWARD TO YOUR INVOLVEMENT IN THIS EXCITING PROJECT!

IF YOU HAVE ANY QUESTIONS PLEASE CALL: KATIE FLAHERTY
MARINE RESOURCES COUNCIL
952-0102

ED WASHBURN
TOWN MANAGER
724-5860
0
507 OCEAN AVENUE, MELBOURNE BEACH, FL 32951-2523 - (407) 724-5860 FAX: (407) 984-8994

APPENDIX G

VEGETATIVE SPECIES USED IN
MELBOURNE BEACH HABITAT RESTORATION PROJECT

Tree species

Trees Scientific Name

Myrtle oak Quercus myrtifolia
Sand live oak Quercus geminata
Chapman oak Quercus chapmanii
Live oak Quercus virginiana

Understory species

Small trees and shrubs Scientific Name

Tough bumelia Bumelia tenax
French mulberry Callicarpa americana
Varnish leaf Dodonaea viscosa
Hercules club Zanthoxylum clava-herculis
Coral bean Erythrina herbacea

Groundcover species

Groundcover Scientific Name

wire grass Aristida stricta
Dune sunflower Helianthus debilis
Indian blanket flower Gaillardia pulchella

APPENDIX H

NOTE: This letter was prepared on Melbourne Beach letterhead and
signed by the Town Mayor.

August 10, 1994

Larry Beaulier
209 Fir Avenue
Melbourne Beach, FL 32951

Dear Mr. Beaulier:

The Town of Melbourne Beach is the recipient of a state grant to do
an area neighborhood revegetation project. This project consists
of planting trees and understory shrubs on residential properties,
thereby restoring native habitat for butterflies, scrub jays and
other birds, while providing a buffer between the park and the
homeowner's property.

The neighbors on Fir Avenue and adjacent lots are being asked for
their participation in this project. Oak trees as well as some
understory plants will planted in each neighbor's backyard. There
is no cost to you - the grant provides for the plants, volunteers
will provide the labor, and the town will provide the mulch. We do
ask two things of the participants - that they provide a specific
location for us to plant and that they will provide watering once
or twice a week for the plants until they become established. A
watering schedule will be provided to each resident.

We ask for your participation in this project - what better way to
beautify your yard with free plants while helping to restore some
of Melbourne Beach's natural habitat.

We will be contacting people shortly to obtain their permission to
plant in their yards. As you are not currently listed in the
directory, we would appreciate you contacting Ed Washburn, Town
Manager at 724-5860, or Janet Merkt at 952-0102. Either person
will be able to answer any questions you may have. We look forward
to your cooperation!

Sincerely,

James M. Kelley

Mayor

APPENDIX I

EXOTIC PEST PLANT COUNCIL'S 1993 LIST OF FLORIDA'S MOST INVASIVE SP

Colocasiqa esculenta Itarol . Furcraea cabuyqa 2
Cryptostegqia grandiflora Palay rubber vine Hyparrhenia ruqta l8
Category i - Species that are widespread in Florida Dalbergia sqisso [Indian dalbergia, sissool Indofera spqicatqa (qc
and have an established potential to Dichroachys cinerea ('aroma" in Cuba Kalanchoe pinnaa
invade and disrupt native plant communities. Enteroobqium contortisfqluum learpod tree) Mucuna pruriens I
I Eqpiqpremnurn pinnatum cv. Aufeurn pothos Nephroqepis hirsuqf
Abrus precalorqius Irosary peal Eugenia uniflora Surinam cherry Panqiqcum maximum
Acacia auriculiqformqis learleaf acacial Ficus affisima Ibanyan tree Rqhyncheyfrum rep
Ardisia effqiptqiqca I =A. humifisq) (shoebutton ardisia) Ficus beniamina (weeping fiq Ricinus communiqs
Ctiarina equiqseqdfolqia I = C liforea) I Australian pine Ficus elastica Indian rubber tree Rottboelia cochin
Casuarina glauca suckering Australian pine Fqacourtqia indica governor's plum Russelia equiseqtifo
Cnaqmoqmun camphora (camphor-treel Flueqggee vqrosa (flueqggeal Seagiriela wilden
Hibiscus fiqfqiaceurs Imahoel Sesbaniqa emerus I
Cluqbrina asqiqatqica Ilather leall Hygrophqda poqlyspermaqIgreen hygol Solarium diphy0urqy
Cpaniopsqiqs anacardqidides (carrotwood Hyptage berigqhaeasis hyptage I Solarium farnpiceqn
Doscorea bulqbiqfers [air potato) qmperate brasdenss cogon grass Sqpathodea campqaqi
Echhornia crassipes qIwater hyacinthl qmperata cylqindrica qlco.on grass Spermacoce vert0qi4qc
Ficus microcarpa I = qF. ni(ida; = F. refuse var. nitqidaqlql
qIlaurel figqi Jasqmqinum qfqlumqiqnense (lasmine Wunderlin) Is
Hdrillqe verricdqlata q(hydrillal Jesmqnum sambac [Arabian jasmine) Sporobous Jacque
pmoea aquafica [water spinach Leucaena leucoceqphaqla Ilead tree Stenotaphrum sec
Jsminum dichotornum Gold Coast jasmine] qUgustrum siqnense Iprivetql Urenalobato (Caes
Lantana camara qflantanal q1qVgod panese climbing fernqi Zebrina penqdul0qe 6qIz
Onqicu6q2caq'qJtqa (cat's claw)
' qi6qp
I irera japonira Japanese honeysuckle) Macqfeqdyeria unguis
I ygodium microphqyllum 101d World climbing feml Merrilkara zapora Isapodilla The Exotic Pest Pla
Melaleuca quinquenervia Imelaleucal Mefiis minutiflora molasses grass] attention on:
Melia azedarach Chinaberry Merremia ruberosa [wood rose
Murraya paniculate forangejasmine in the need to maint
Mimosa pqigra Icatclaw mimosal Myriophyurn spicatum Eurasian watermilfoill pest plants have
Nyraudia reyaudiene 18urma reed; cane grassl Nephrolepis muliflora [Asian sword fern system%
Pederqia faefida [skunk vinel
Pnicurn repens torpedograss Ochrosia perviflora I 0. elliptical Ikopslal 1:2 the impact of exo
Ptia stratiores (water lettucel Oeceoclades maculara [ground orchid community comp
Pueraria montane I = P. lobara) (kudzu I Oryza rutipagon Ired ricel
RhodoqmVrtus tomenfasus downy myrtlel Paspalurn nota(urn Bahia grass) habitat losses du
Sapium sebiferum popcorn tree; Chinese tallow tree Pennisefumpuroureum Napier grass
Pittosporurn pentandrum pittosporum 13 the Impacts of ex
Scaevoa taccada var. sericea S. frutescens; = S.
serqicea (scaevoa; half flower Poeria campechian canistell ily due to h
Scheffer actinopqhyqlla (=Brassaia actincphyle) Psidium guaviava Iguava 0q=e sparrow)
Ischeffleral Psidium littorale I P. cattleqianum)strawberry iuava
Shinus rerebinthifolius 18razilian pepper Rhoeo spathacea I =R. discolor) qloyster plant) the need to preve
Solarium viarum [tropical soda applel Sansevieria hyacinthoqides = S.trifascqiata) comprehensive m
[bowstring hemp
Solanum torvurn (turkey berry
he soctoeconom
Syngonium podopqhyqum larrowhead vine increased wildfire
Category 11 - Species that are localized but have a Syzygqium curniqnqi lambolan; Java plum
rapidly expanding population, or that have shown Slrrygiumiambos rose apple 93 chanoes in the se
a potential to invade and disrupt native vegetation Tectarqia iqncqisa lincised halberd fern whicIV are the wo
in other areas, or in other countries with climates Terminala catappe tropical almond t, inform anded
similar to that of Florida. Tpespesia populnea seaside mahoe specicSeservqe t
Trphasqe trfoliata (lime berry priorities Tor man
Wedefia trilobata wedelial
Adenarifhere pavorrine red sandlewood
A ave sisalqana (sisal hemp
Aqtqizqi, qleqbbeck (wommin's tonguel Category III - Species that are widespread and can
Alferrianthere pqhqiqloxeroqAcqfes lalligator weedql form dense, monotypic populations, but primarily
Atqigonon qleptopus (coral vqineql found on distrubed sites such as roadsides,
Asparagus denS8qMOqMS qlasparagus fernqi agricultural lands, and canal embankments.
Asystasqiqa garige(ke qIGanges primrosel
Bauhqinqiqe variegate [orchid treel Achyranthes qndice IlDevil's horsewhip
Bchoqlqia qjavenqice (bischofial Bracherqe mutica Par grass)
Clisiqa fragrans (inch plant, spironemaql Cassia couteoides I= Senna pendula) [climbing cassia
Clophylqlum caleqba q( C. inophyllum of authors) Catheranthus roseus [Madagascar periwinklel
Imast wood; Alexandrain laurell Cynodon dactyori Bermuda grass
Csunarina cunnqinqghamiana (Australian pine Dactyoctenium aegyptium [crowfoot grass)
Creus undarus (nightblooming cereus Eremochloa ophuroides centipede grassl
Cestrum qdiuqmurn I ay jasminel Eucelyptuscamaldulqerisis (Murray red gum

APPENDIX J

It is recognized that by the planting of trees and shrubs, our Town can
acquire:

Buffers from noise, dust, pollution, and lights

Urban habitats for a variety of wildlife,, including endangered
species

Improved air quality

Improved climate and energy savings, as trees provide

shade, block glare and release moisture to ease heat build-up

This certificate of adoption for the care and protection of greenways and
habitats in Melbourne Beach is awarded to:
The Congregation at St.Sebastian By The Sea Episcopal Church
for establishing and caring for the plants in the Scrub Habitat Restoration Project
at

Oak Street
Planned, developed, and initiated by
The Environmental Advisory Board
and Town Commission

Mayor City Manager Chairman, EAB

APPENDIX K

M A R I N E R E S 0 U R C E S C 0 U N C I L 0 F E A S T F L 0 R I D A

September 9, 1994

The Green Family
211 Fir Avenue
Melbourne Beach, FL 32951

Dear Folks:

Thank you so much for participating in the Habitat Restoration
Project in Melbourne Beach. Did you know that 100% of the
residents on your block have participated in the project? Each
resident has planted some trees and understory plants in their
yards, and these combined with the plants put in the ballfield area
will eventually create a greenway space. This space will provide
a buffer from the ballfield areas, help reduce noise and pollution,
provide shade and create a viable habitat for butterflies. and
birds.

In order to allow your plants to get a good start, they will need
to be weeded, and watered about once a week (twice a week if the
weather is very dry) until they are firmly established, after which
time, they will need no supplemental water.

Please do not hesitate to call should you have any questions. Again
we thank you (as do the birds!) for creating this wonderful legacy
for both present and future generations to enjoy.

sincerely yours,

Janet Merkt
Project Coordinator

P 0 B 0 X 2 2 8 9 2 MELBOURN E, FLORID A 3 2 9 0 2 - 28 9 2 4 0 7 - 9 5 2 -0 1 0 2407-952-0 103 FAX
LOCATED AT 58 9 0 US I IN GRANT, FLORIDA

APPENDIX L

FLORIDA
MONDAY, JULY 18,1994 TODAY

LOCAL

SECTION B

MeLBourne BEACH PROJECT TARGETS WILDLIFE AREAS

By LOU MisSelHORN CHILDREN HAVE PLANTED ABOUT AN ACRE OF
VEGETATION AT GEMINI ELEMENTARY SCHOOL. GROUP IS DRAWING UP THE ORDINANCE FOR
FLORIDA TODAY
Melbourne BEach Is using state money, ENVIRONMENT NEXT MONTH, THE TOWN WILL ASK VOLUN- MELBOURNE BEACH.
TEERS TO plant VEgetation in nearby FlUtle I HAVE NOTHING AGAINST BALLFIELDS, BUT
volunteers and some creative planning to
restore scrub land and find ways to turtles that neSt oN THE town's beaches. Park ANd On residential properties. WoRk- THERE'S SOMETHING TO BE SAID FOR CLIMBING A
ERS alsO WILL plant scrub around a RETEN- TREE. WE ALL KNOW WE HAVE DEVELOPED LAND,
protect It and other wildlife habitat on the each summer.
south end of the barrier island. "We're PrEtty Much built-Out In MeL tiOn pond at St. SebastIan-By-ThE-SEA BUT THAT'S NOT TO SAY YOU CAN'T HAVE NATURE
The planning comes in the form of a bourne Beach, so anything we can do to EPIScopa1 ChuRch.
BESIDES PROMOTING WILDlife, the NEWLY IN YOUR BACKYARD, BARILE SAID.
model ordinance aimed at protecting and help nature come back iS ImPORTant," said
Improving the town's wildlife areas, which Town Manager, Ed WashbuRN, whose PLAnted AReas are pleasing to thE EYE, THE IDEA HAS BEEN POPULAR. CURTIS BYRD,
CHAIRMAN OF THE TOWN'S ENVIRONMENTAL
range from sand dunes to hammocks. coMMUNITY has RECEIVED $18,760 from the scIentiStS say. ADVISORY BOARD, SAID HE HAS GOTTEN ABOUT Protecting the areas will allow the city state DepaRTMENT OF COMMUNITY AFFAIRS 50 VOLUNTEERS TO HELP WITH THE PROJECT.
We HAVE A GENERATION THAT THINKS OPEN
to save some ImpOrtant residents, namely AMONG THEM HAVE BEEN THE FRIENDS OF
FOR The project. sPAcE IS A ballfield," saId DIaNe BARILE OF THE SCRUB, THE NATIVE PLANT SOCIETY AND THE
THE MaRine ResoURCES COUNCIL, WHOSE ROTARY CLUB.
SO FAr, communITY gROUps And YounG
threatened scrub jays and endangered sea

SC NEWS
Fall 1994 Volume 3 Issue 3

,!,October 7, 8& 9th
Environmental Expo -Orlando Expo Ctr.
FRIENDS OF THE SCRUB Booth #416

October 13th
Brevard Scrub Habitat Conservation Plan
Public Hearing of Preserve Alternatives.
7: 00 PM, Viera, Bldg. C.

7.,
'October 20th No FRIENDS OF THE
'_-mow
,,SCRUB Meeting.
\1" Special meeting details below.
"All

J@ October 2 1 st 7: 00 PM 44
!,FRIENDS OF THE SCRUB meet with
Audubon Society, Details below.
November 17th Scrub Vegetation Planting Project, Flutie Park, Melbourne Beach
FRIENDS OF THE SCRUB Meeting, Photo By Maftin Merkt, Stoty on Page 2.
Speaker: Pat Loll, "The Gopher Tortoise"
TABLE OF CONTENTS
','December 15th Habitat Conservation Plan ...... Page 2
FRIENDS OF THE SCRUB Meeting, Scrub Planting Projects ...... Page 2,3
Speaker: Hilary Swain, Ph.D. Scrub Art & Essay Contest ...... Page 2
"Compiling Data for Scrub Habitat Legislative Alert ..... Page 3
\,,!'Conservation Plan"
..................................................

FRIENDS OF THE SCRUB Meets With Audubon, Florida Native Plant
Society and Sierra Club Friday Evening, October 21st, 7:00 PM
Rockledge Presbyterian Church
FRIENDS OF THE SCRUB will not meet for the regularly scheduled meeting on October 20th in order to
participate in an exciting joint meeting of local environmental organizations. Indian River Audubon Society is
graciously hosting this meeting featuring Guest Speaker, Charles Lee, legal council for Florida
Audubon Society. Mr. Lee will speak on the subject of Private Property rights and the Endangered Species
Act. In addition, each organization will give a brief presentation describing the purpose and activities of their
organization. Displays from each group will be set up. Cookies and punch will be provided. Rockledge
Presbyterian Church is located at 921 Rockledge Drive ( Corner of Orange Ave. & Rockledge Dr. along the
Indian River Lagoon.) If you would like a map please call the SLT Office at 726-4126 and leave a message
including your address or fax number.

Friends of the Scrub
RUB

3660 N. Riverside Drive FRIENDS OF THE SCRUB Meets the third Thursday of each
Indiallantic, FL 32903 month at St. Mark's United Methodist Church, at 7:30 PM,
Phone: (407) 777-0839 2030 North A-1 -A, Indialantic in the Community Room
Fax: (407) 726-4061

StA68 NEM FALL liW.

BREVARD SCRUB WILL THERE BE A CONTEST THIS YEAR?
CONSERVATION AND FRIENDS OF THE SCRUB has been which now have units on scrub ecology,
DEVELOPMENT PLAN asked this question by art and science and would like to encourage any schools
teachers whose students participated in located in scrub areas, with sandy soils
On September 15th, the Scientific Ad- the Art/Creative Writing CELEBRATE which support scrub vegetation, to allow
visory Group presented design options THE SCRUB contest in 1992 and 1993. students to plant and care for scrub oaks
for a county scrub sanctuary network to The answer is yes and no! There will and other scrub plant species. The first
the Citizen Steering Committee. not be an Art contest in 1994 because step is to find out how this fascinating
we would like for students and teachers ecosystem works by viewing the scrub
A Public Hearing will be held on Octo- to learn more about the SCIENCE of the videos available.
ber 13th, at 7:00 PM in Building C at scru ecosystem. For additional information or teacher
the County Government Center. The
public is encouraged to provide their We have supplied the School Board's input, contact Friends of the Scrub
comments of the design alternatives to Media Center in Viera with four Education Chair, Margaret Broussard,
the Citizen Steering Conunittee. videotapes which can be borrowed or (407) 777-0839. If you do not bave
copied to give teachers and students access to the School Board Media
some background information and Center, videos can be borrowed from
For background information on the inspiration. In order to give teachers FRIENDS OF THE SCRUB.
Scrub Conservation and Development time to work this into their class
Plan process and goals, a slide show planning, we notified the assistant
produced by the Steering Steering IN MEMORY OF
Committee is available in video format principals of each school in late August JOY & BERT SNELL
in County Public Libraries. In addi- that we would have a SCIENCE
tion, members of the Steering Commit- CONTEST in the SPRING OF 1995. FRIENDS OF THE SCRUB extend
tee are available to make presentations Teachers are to notify us of their interest our sympathy to the Snell Family for
to interested groups. For further infor- by January 31, 1995 and we will send the untimely passing of Burt & Joy.
mation contact Tami Townsend of the out contest instructions in early We thank their family, friends and
February.
l3revard County Office of Natural Re- business associates for the
sources management at (407) We invite teacher input at any time. We contributions made to FRIENDS OF
633-2016. are working with teachers at two schools THE SCRUB in their memory.

SCRUB JAY HOTELS UNDER CONSTRUCTION
Brevard County's barrier island scrub Melbourne Beach Environmental Ad- soon be planted with scrub vegetation.
jay population needs your help! Due to visory Committee, and Gemini Ele- We have learned from experience that
rapid development, the native scrub mentary School in re-vegetation pro- property owners must commit to the
ecosystem has been severely impacted, jects along Oak Street, Flutie Park and proper care and maintenance of the
to the extent that dispersing scrubjays Gemini Eleme ntary. Scrub vegetation plants , especially within the first two
have difficulty foraging and finding was purchased by a state grant from years after they are planted. Churches,
protective cover. As some of the stu- the Florida Department of Community schools and residences must promise
dents at beachside schools can tell you, Affairs, Coastal Management Pro- long-term maintenance before
scrub jays need scrub oaks and other gram. Community volunteers planted FRIENDS OF THE SCRUB and other
scrub vegetation to hide from hawks, to the vegetation on August 27th, Spe- participating organizations will invest
nest in, and for food supply. Each scrub cial thanks goes to all the volunteers time, money and effort in re-vegetation.
jay harvests and "plants" 6,000 to 8,000 and organizations involved. The scrub
acorns each fiffl, to dig up for food in jays quickly showed their approval by Re-vegetation projects are being tar-
the winter. flying over and perching in the.newly geted in neighborhoods presently inhab-
planted oaks. itedbyscrubjays. If you or your organi-
FRIENDS OF THE SCRUB and the zation are interested in participating,
Condradina Chapter of the Florida Na- Satellite Beach is the next in line to please contact Margaret Broussard at
tive Plant Society have assisted the Ma- construct some scrub jay hotels. 777-0839 or Christine Panico at 726-
rine Resources Council, the Town of Church properties and residences will 4126.

Page 2

APPENDIX M

Black and White Photos LIST OF FIGURES

1. This homeowner has planted evergreens and an oak tree,
providing a buffer between his house and a busy road, reducing
noise and visual pollution.

2. A buffer of trees and understory plants was installed in this
rural community to shield the view of a small utility plant from
the road. When the vegetation reaches full maturity, the utility
plant should be virtually hidden.

3. and 4. These homeowners enjoy the shade of mature trees that
reduce home cooling costs and add beauty to their landscape.

5. and 6. The revitalization of this downtown area included
planting and preserving existing trees, creating an inviting area
to shop.

7. This lot was clear cut before development. Although not
visible in this picture, the entire quarter (1/4) acre lot is
devoid of trees or shrubs. The only existing vegetative cover is
turf grass.

8. This developer left pine tree stands on the lot, clearing only
the minimum necessary for construction.

9. This natural areas is located next to a City Hall complex.
Bird nests have been spotted in the dead tree located in the middle
of the picture.

10. This building lot was cleared, leaving natural vegetated areas
in the rear and on both sides of the lot.

11. and 12. The dead tree stands interspersed with live vegetation
serve a vital role in bird nesting and roosting. Large osprey
nests are often observed in these areas.

13. This site lacks vegetative cover between the tree stands and
the pond. During heavy rains, erosion occurs and rivulets are seen
to appear in the barren area as the soil washes into the pond.

14. Even tree stumps can serve a decorative purpose. A creative
sculptor fashioned dolphins rising from the wood.

15. This monoculture of pine trees does not contribute as much to
the biodiversity of the areas as does the vegetative area in Fig.
16.

16. A more biodiverse habitatf able to support a larger number of
both animal and plant species.

17. Hedges are used as buffers between the road and parking lot to
reduce headlight glare, soot, and noise pollution.

18. Canopy trees are used in this parking lot, providing shade and
aesthetic appeal.

Color Photos

The self-explanatory photographs document the planting done at
Flutie Park, the Episcopal Church and the homeowners' backyards.
They are displayed in general order from preparation of the site to
the finished result.

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MRC WELCOMES SUMMER INTERNS

This s ........ c, fivc ralua,c from Florida Tech are working as Interns a, ho Marine Resources Council
(MRQ. Kelli Karpick, Steve Tisa, and Mike Cacioppa, Mastcr's@ degree student,,, in Environmental Resource
Management; Dan Popek. fornier Ph.D. student in Geological Oceanography. and Janet Nlerkt, Master's degree student
in Coastal Zone Management.

MANAGEMENT PLAN FOR WETLANDS WILL CLAMS
Last vear the MRC wrote a grant on behalf of St. Lucie CLEAN THE LAGOON?
County @or matching funds from the Florida Communities The MRC has embarked on a project that may answer
Trust to acquire 350 acres of impounded mangrove area a question being debated in communities along the
known as Bear Point Sanctuary. The MRC is further Lagoon. The residents of South Patrick, Shores began an
assisting the county with preparation of a wetlands experiment in June '92 with the cooperation of Dan
management plan to incorporate greenways, mosquito
C McLister, Manatee Bay Shellfish, Inc. to grow clams 'in
control, public access, education, recreation, habitat their residential canals to improve the water quality. Jim
restoration and protection. The plan would be a model for Conner, Pres. of South Patrick Residents Assoc. had
similar areas. learned of such a program in Chesapeake Bay. To further
the project Conner called MRC who obtained the services
ST. LUCIE LAND PROPOSAL of STEPHEN TISA and MrCHAEL CACIOPPO,
graduate students at Florida Tech, who are now
Working on two acquisition proposals are DAN implementing a program in finger canals in South Patrick
POPEK, Annette Barnard, and Diane Barile. Jim David Shores. First, a team of experts walk the neighborhood,
and David Mook of St. Lucie Mosquito Control District making land use recommendations to the homeowners in
are providing support for the project. The Fish House an effort to reduce their impact upon the Lagoon.
Cove site is a 167 acre impoundment with mangroves and (Brevard Co. Surface Water Improvement Div. is
a tropical upland hammock usually found farther south. installing pollution abatement structures in the area).
The second site, 27-acre Ocean Bay, is south of the Clams will be planted in some of the canals; other canals
nuclear plant and extends from ocean to lagoon, including will be controls. A permanent water quality monitoring
maritime hammock. Jane Brooks is assisting with the system will be installed, monitoring every 2 weeks for the
surveys. next 12 months. Data entered into the database should
indicate whether clams improve water quality, and what
MELBOURNE BEACH HABITAT effect land use improvements have on water quality.
Results will be published and distributed to the
This project, funded by a grant from the Florida Coastal homeowners.
management Program involves restoration and protection. Want to help? Call Jim Conner.
While restoring habitat for Scrub Jays the Melbourne Beach
Environmental Advisory Board and the city staff are
educating citizens. The Friends of the Scrub and the ECO-SCHOOL PROJECT
Conradina Chapter of the Florida Native Plant Society are
providing expert guidance and help. The students at Gemini Following the successful program at Hans C.
Elementary have established Scrub Jay habitat on their Anderson and Gemini schools, Palm Bay Elementary Vs
campus. A Model ordinance dealing with scrub, turtle next. JANET MERKT will be working with James
beaches, hammocks, and other natural areas is in Final draft Padula, Principal, and Blair Edwards, teacher, to set
with Kelli K arpick assisting. sound resource management in classroom, cafeteria, and
playground. Composing, recycling, landscaping with
natives, butterfly and wildlife gardening, bird houses and
Katie Flaherty completed her work an osprey platform are some of the activities. Funds are
on this project, earned a degree at short and donations are needed for landscaping, bird
Florida Tech, and was married on June houses, educational materials, etc.
1811? in Ohio. Best wishes, Katie! To find out how to help please call JANET at (407)
952-0102.

I la pe6 -

Volume Nine, Number Four THE Sept. 1994
MARKER

MARINE RESOURCES COUNCIL OF EAST FLORIDA
INDIAN RIVER LAGOON
Dedicated to the enhancement of marine systems for the economic, recreational, and aesthetic benefit of all.

MRC WINDSURFING REGATTA
MARINE RESOURCES COUNCIL OF EAST FLORIDA Sat. October 1, 1994, Conchy Joe's - Melbourne
2nd Annual The second annual MRC Wind-surfing Regatta is Oct. 1st in Melbourne. A fund-raiser
WindsurfinG for MRC (Marine Resources Council of East Florida) the event is administered bY the South
Brevard Sailboarding Club, said Tom Saam, Board Member of SBBC.
Regatta This year's regatta, a nationally sanctioned south-east series event, is expected to top last
Saturday, October 1 year's very successful one when more than 30 entrants raced in a number of classeS.
Many trophies and prizes will be awarded in various events that are open to all.
Conchy Joe's or Pineapple Park
Eau GallIe Causeway Landlubbers can enjoy the free colorful show plus a 1 p.m.performance by the Eau Gallie
SAILOR'S REGISTRATION 8:30-10AM H. S. Jazz Band. No admission charges all day.
SKIPPER'S MEET 10:30AM
FIRST RACE 11 AM
AWARDS 4:30 PM Advance registration is $15 for U.S. Boardsailing Assn. members or SBBC members.
Come and watch For others it is $20. Advance checks payable to SBBC must be received by Regatta Chairman,
Pat Pinchera, by Sept. 30th at 6320 Anchor Lane, Rockledge 32955. For more info pLs call
407-632-WIND.
Registration is $25 for all and open from 8:30 a.m.- 10 a.m Skippers meet at 10:30 a.m.
The first race is scheduled for 11 a.m. Awards are at 4:30p.m.
Free mini-lessons in windsurfing and open-deck kayak With a certified instructor will be
available, using equipment provided by NORM'S SPORTS of Indian Harbor Beach. Tyros
will be able to watch and learn from racing notables including Dick Tillman, international
celebrity and member of the U.S. Olympic Committee and Laser racing seNIor champ; also
Olympic candidate Beth Powell, and Greg Winkler, a skilled sailor and candidate for the U.S.
Windsurfing Association Board.
Demonstrations of Water Quality Monitoring, and displays to promote environmental
awareness of the Lagoon will be provided by the MRC, said Steve Chalmers, member of the
MRC Board.
Janet Bonder, MRC Chair for Fund Raising is seeking sponsors for the event at $100 to
provide much-needed support for operating expenses of the RC. Donations are tax
deductible. Donors receive a photo of their assigned racers and an MRC acknowledgement.
Checks should be payable to MRC and mailed to P.O. Box 22892, Melbourne 32902-2892.
Regatta expenses are covered by registrations. (See SPONSORS page 2)

For informarion or registration call
SPECIAL EVENT 407-952-0102 or 407-633-1700.
The Brevard County Brazilian Pepper
MORE DATES TO NOTE
Task Force will host a workshop Thurs Sept.
29th from 8:30 a.m. to 4 p.m. at the Brevard SaT October 22nd
County Agricultural Center in Cocoa. You "Make A DifFFEREMCe Day" (See stoRY page 3)
are invited to come to see how an eXOtic SaT OcT 22nd evening
MRC Banquet and Awards (See story page 2)
nuisance can be controlled and eradicated.
You will see hands-on demonstrations by SaT OcT 1ST - 10 a.M. TO ?
a panel of experts, find out what herbicides are
MRC Sailboarding Regatta Conchy Joe's
recommended and how to use them. This
Melbourne (See story page 1)
workshop is for home owners, maintenance
personNEl, land clearers, and all interested Every Friday noon at 12
others. THE $10 FEE INCludes a bArBEquE luNch. Fisherman's Park in Grant MRC Brown Bag

Lunches (See schedule page 2)
Marine ResourcEs Council P0B 22892 MELbouRnE, FL 32902-2892 Office Library 5890 US 1, Grant, FL (Opposite FishErMan'S ParK) 407-952-0102 FaX 407-952-0103

BREVARD BRAZILIAN PEPPER WORKSHOP
Thursday September 29 1994

A workshop with indoor demonstrations of If not controlled they grow into dense thickets that crowd
sEvEralcontrol methods will be at the Brcvard County out our mangroves and other good native TRees and shrubs.
Extension Service - 3695 Lake Drive, Cocoa. The panel of Mangroves are essential links in the food chain of the lagoon.
expert instructors will show how to eradicate the pesky trees. Peppers contribute nothing to the lagoonal system.
Brazilian Peppers were introduced bY nurseries for The workshop is from 9:30 a.m. to 4:30 p.m. The fee is
ornamental use. As is often the case with exotics, noone $10 which includes a BBQ lunch. Checks should be payable
apparently researched the "downside" of the species. The to BREVARD COUNTY PEPPER BUSTERS.
Brazilian Pepper, a close relative of poison iVY , produces Call 633-1700 for more information.
great quantities of seeds which readily take root.

PEPPER BUSTERS MAKE A DIFFERENCE
You can be a Pepper Buster on Oct. 24Th which is USA Weekend Make a Difference Day. Imagine how much habitat we
could restore along the IRL if we all worked together to remove the invasive Brazilian Peppers from the scene. We can get
Mangroves growing again, and improve water quality and fisheries that are so important to recreation and the economy.
So look around your yard and neighborhood and join groups working on endangered shorelines and parkS. Let's show the
NAtioN how pEople in four counties in Florida care about where they live and how they do MAKE A DIFFERENCE.
Mike CacioppO, an MRC intern from Florida Tech is working on the project with the Brevard County Task Force for Brazilian
Pepper eradication.
ALSO don't forgeT the Brazilian Pepper seminar from 9 to 4 p.m at the Cocoa Brevard County AgRicultural. Center Sept.
29th. Call MRC for more info - 407-952-0102.

INDIAN RIVER LAGOON GREENWAYS
Good news! St. Lucie county has adopted a resolution to modify their Comprehensive Land Use Plan (CLUP) to include
greenway sysTems on the north fork of the St. Lucie River, the Savannas, and the Barrier Island.
St. Lucie has the largest stretch of open space on the Barrier Island between Canaveral and Miami. On November 6th the citizens
Of that county will vote on a referendum to buy environ-mentally endangered lands.
Brevard and Indian River counties are pushing for more land acquisitions for the Archie Carr National Wildlife Refuge on the
Barrier Island. The Brevard Environmentally Endangered Lands (EEL) program has acquired 130 acres; U. S. Dept. of the Interior,
Bureau of Fish and Wildlife, 18 acres; the State of Florida 171 acres. This totals 319 acres, and is in addition to existing county and
state parks. These beaches have the highest density of sea turtle nesting in the Western Hemisphere.
Volusia and Martin counties also have active EEL programs, Greenway programs adopted in the comprehensive planning
process can link open space, recreation, wildlife habitat, and help in infrastructure planning.

ECO-NEIGHBORHOOD SCRUB HABITAT RESTORATION
Melbourne Beach Project
More than 30 volunteers from eight environmental and civic groups including Native Plant Society, Melbourne Beach's
Environmental Advisory Board, a Boy Scout troop, and MRC planted about 300 trees, shrubs, and ground cover on August 27th at
Flutie Park and St. Sebastian-by-the-Sea Episcopal Church. The following Saturday 10 volunteers and homeowners planted another
40 plants in homeowner's yards, adjacent to plantings in the park.
The following resident families agreed to plant and nurture scrub plants in their yards, MeHta, Miller, Thomas, Greene,
Heimintoller, Jaffee, Whitlow, and Marjorie McARThur. They will receive a "Certificate of Adoption" from the Town Mayor. Plants
in The backyard and in the park will produce a greenway strip behind the ballfields, creating a buffer from noise, Lights, and pollution,
and also a MucH needed scrub habitat for the birds, butterflies, and other wildlife.
Most exiSting during the planting was a visit by several Scrub Jays! Chris Jafle said he sees theM regularly and has named them
Chipper and Inspector. Many photos were made, ONe with a bird sitting in The tree that had nOt yet been planted.
Refreshments were donated by Summer JASSER, Mgr., Melbourne Beach Supermarkets, and by AM-PM Food Town. Many
many thanks to THem and To all the volunteers that made the project a success.
JaneT MerkT, ITT GraduaTe InTern

FRIENDS OF THE SCRUB
A not-PROfit oRgAnization

July 26, 1994
REECEIVED

Mr. Ed Washburn, Town Manager
Melbourne Beach Town Hall JUL 29 1994
507 Ocean Avenue
Melbourne Beach, FL 32951 TOWN OF MELBOURNE BEACH
BY

Dear Mr. Washburn:

Here's the completed script, as promised. I'll use it for
the first time next week, Thursday, August 4, at 7:00 p.m. at the
Melbourne Public Library. I'll be substituting for Jim Angy at a
Florida Trail Association meeting that evening. The public is
invited, and you and any others you think would like to see those
slides are very welcome to come if you can.

I stopped to look at the plantings around Gemini yesterday,
and was pleased to see them coming along nicely. We have some
potted scrub oaks to give away; if you would like some, call me
at 777-0839.

Sincerely,
MarGAret Broussard

3660 N. RIVERSIDE DRIVE INDIALANTIC, FLORIDA 32903 (407) 777-0839

JIM ANGY'S SLIDE SHOW

1. Logo: "Friends of the Scrub"

2. MRB: "Presents"

3. JA: "Wildlife Photographer (and Respiratory Therapist) Jim Angy"

4. Scrub: 11 and the Creatures of Brevard County's Barrier Island
Scrub Habitat: a selection from twenty years' worth of slides."

5. Dune Sunflowers: "This is typical scrub habitat, plants
that you'll find out in the scrub near the ocean."

6. Cactus: "You probably know this as Prickly Pear Cactus. A
lot of the animals in the scrub make use of this plant. The gopher
tortoise will eat both the flowers and the red fruit, and even the
fleshy stems, which look like leaves. Some animals will take
shelter among the thorns, to escape predators."

7. Sand live oak: "This sand live oak is typical of-scrub all
o.ver the state, and was common on the barrier island. It's
important for shelter and food for many birds and other animals."

8. Anole: "This is the American Green Anole, a-n-o-l-e. Many
people call it a chameleon, but it's not a true chameleon. It does
have the ability to go from a real bright green color to a dark,
almost black, brown color, for camouflage. Its closest cousin is
the iguana. it gets only about six inches long, from the tip of
the nose to the tip of the tail, and loves to eat insects."

9. Fence Lizard: "This is a fence lizard. Some people call it a
pine lizard. it's the only lizard we know of around here which has
rough scales like the horned toad lizard, in the deserts out west.
It livos in certain types of scrub habitat."

10. Fence Lizard from front: and the males have a real
bright blue chin and belly patch. They eat a lot of insects."

11. Fence lizard on tree: "See if you can find this camouflaged
fence lizard. It's usually found on the ground, but it can climb.
It gets about 6-8 inches in length."

12. Six-lined racerunner: "This is the fastest lizard we have out
in the scrub: the six-lined racerunner. It can get about 8 to 9
inches long. These males also have a lot of blue, or turquoise,
along the belly and under the chin. Females have a white belly."

13. Blue-tailed skink: "This is a young five-lined skink. When
they're young, they have this bright blue tail. The tail will turn
brown when they get older. They live in leaf litter, and if a bird
gets hold of the tail, it'll break off and the lizard will grow
another one. Some old-timers call this a 'blue-tailed scorpion,'
and think they can sting with their tail! There are no venomous
lizards that live in Florida, but if you were to chew on this one,
it'd make you pretty sick. Warn your cat. Cats often get sick
from eating lizards. (I wish they'd get sick from eating birds!)"

14. Brown skinko "This is the little brown skink. Only gets
about three inches in total length. Very tiny lizard, barely has
legs. Has what we call vestigial legs, especially in the front.
You can hardly see that little leg hanging down off the lizard.
But there is a lizard here in Florida which has no legs at all ...

15. Glass "snake":_ "Most people call it the glass snake, but it's
not a snake at all; it's a true lizard. It gets about 2 feet
long. It has the capability of blinking its eye, like a true
lizard. A snake has an optical scale that goes across its eye
which will not allow it to blink. This harmless lizard can blink."

16. Glass snake head: "The glass snake has an exterior ear hole,
right between the yellow spot and the stripe there; no snake has
an exterior ear, as a true lizard does. It's called glass be-
cause its tail breaks off so easily, like other lizards. It will
grow back, though it will look a little different. It does have
tiny bones left over from when its ancestors had legs, and the tail
begins right after those bones, which are where a pelvis was. If
you see one, maybe on a sidewalk, you will notice that it can't
wiggle away as fast as real snakes can. That's because it has
smooth lizard scales on its belly instead of snake scales, and
lizard muscles instead of snake muscles. It does fine in the
grass, and is sometimes called a grass snake."

17. Rough green snake: "This is a rough green snake. There's
also a species called the smooth green snake, but it's not found in
Central Florida. The rough green snake gets about 3, 3 1/2 feet
long. It's a very good climber. You often see them in shrubbery,
even around your house. They blend in quite well, almost like an
anole."

18. Green snake head: "If you look closely at this snake's eye,
you'll.see that the pupil is round, like your eye, and my eye.
This i8 typical of MOST harmless snakes. We'll look at the venom-
ous snakes' eyes in a few minutes."

19. Eastern garter snake: "Do you think this snake is venomous,
or harmless?" " a lot of people think this is a venomous snake.
This is the Eastern garter snake. It has no venom (that would
hospitalize you). It does have teeth; all snakes have teeth, and
all snakes will bite to defend themselves. Many of the harmless
snakes in this area can flare their jaw muscles out and make
themselves look venomous. It's a bluff, to try to scare you away.
Unfortunately, when they do this, people kill them, and say that
they've killed a poisonous snake, because of the shape of that
head. This is simply a harmless garter snake in a defense posture.
He's just trying to make himself look dangerous. so you'll leave
him alone. Instead, people kill him, thinking he's a pygmy rattler
or a water moccasin or something, and all they've killed is a
harmless garter snake."

20. Ribbon snake: "This is a ribbon snake, a thin version of the
garter. It's arboreal, which means it's more likely to be found in
trees. If you see any snake in a tree, you can be sure it's not
venomous. Venomous snakes are not climbers. Climbers have to h.ave
constrictor muscles, to climb, and venomous snakes don't need
constrictor muscles to kill their prey, because they use poison."

21. Ribbon snake: "See how long and thin this ribbon snake is?"

22. B&d r @L
t gnake: "This snake, commonly called a corn snake,
also a red rat snake, is a very good climber. Corn snakes get
over five feet long, and were given the name rat snake because of
their ability to kill and eat rodents. They love to eat rats and
mice, and farmers like to have rat snakes living in and around
their barns. They are constrictors; they throw coils around
their prey and squeeze until the prey can no longer breathe and
dies of suffocation, and then they eat it."

23. Red rat snake: "They're very brightly colored, have a very
disti;-cti-ve pattern which goes down their back which is unfortu-
nately often mistaken for a diamondback or a copperhead. Many rat
snakes have been killed by panicky people who were sure they'd
killed a copperhead or rattlesnake in their garage or yard."

24. Eastern black racer: "Probably the fastest snake we have in
this area, and one of the most common, is the black racer. There
are several black-colored snakes which live in the scrub habitat,
but you can distinguish the black racer by its white chin. Bottom
jaw is white. They are very fast, but if they're cornered, they
will strike out to protect themselves, so if you corner a black
racer or try to catch it, it'll probably try to bite you."

25: Coachwhio: - "This is one of the largest snakes that live out
in the scrub. Notice, he does have a round pupil. This is the
coachwhip snake. Do you know why snakes flick their tongues in
and out? They're tasting the air. They can pick up tiny little
particles that are floating around in the air. There's a special
organ in the roof of their mouth called the Jacobson's organ which
analyses stuff that's on the tongue to alert the snake to what's
in the immediate environment, in case it doesn't see it."

26. Coachwhiip:. "The coachwhip can get over six feet in length.
The first part of the snake looks like a blacksnake, but then as
you follow the snake's color down, it turns a brown, almost a tan
color, and the very bottom part looks like a woven buggy-whip, and
that's where they got their name, Coachwhip. You can see the shed
skin of this snake that it crawled out of. As the snakes eat,
they grow, and, depending on how well they ate, they might shed
from one to five or six times in one year. When their skin gets
too tight, it begins to split around the head, and they just crawl
out of it, turning it inside out like you might peel off a sock.
The shed skin is always longer than the snake, because the skin in
between the scales gets stretched out and dries that way.

"There are some pretty wierd old tales about coachwhips. I
heard one old cracker say that they'll chase you through the woods
and whip you with that tail. Another called them 'hoop snakes,'
and said they take their tails in their mouths and roll like a
hoop, chasing you, then would whip you to death. Those tales come
from the name, coachwhip. Snakes chase you only in your dreams.
They'll get away from you if they can. If you come on them too
fast, they might strike in alarm, but they don't chase people."

27. Indigo snake: "This is the Eastern indigo snake, also called
a gopher snake, because it likes to live down in the gopher tun-
nels, where it's cool. It's one of the few snakes protected by
law because it's threatened with extinction. The largest snake in
North America, it can grow to over nine feet long. It's a very
gentle snake, not anxious to strike, also very beautiful, so it
has been over-collected by hunters for the pet trade. Much of its
habitat has been destroyed, and it's becoming increasingly
rare. To capture or keep an indigo snake now you need a special
permit from the Florida Game and Freshwater Fish Commission.
Unfortunately, because it's such a big, relatively slow-moving
.snake, some people who see one crossing the road can't resist
running over it."

28. Female indigo's head: "Females' heads are all black, or
rather, indigo. Indigo is a midnight blue color, and in the
sunlight, these scales are irridescent blue-black. The belly
scales are lighter blue to creamy white."

29. Male indigo's head: "Males usually have a reddish or orange
blush around the head and throat. He's tasting the air here."

30. Female indigo: Is this a male or a female?

31. Hog-nose: "This odd litle snake is called the hog-nosed
snake * It gets its name from that little turned-up nose it has.
It uses that little nose sort of like a shovel, to dig out its
favorite prey, the Florida toad. These toads often bury themselves
in loose sand, and the hog-nose has a perfect way to get them out,
using that shovel nose."

32. Hog-nose: "It's a curious little snake. A lot of people,
after seeing a hog-nose snake going through its bluff, think that
we have wild cobras in Florida. There are no cobras native to
Florida. Cobras are found in Africa and Asia, but our little hog-
nosed snake does have the capability of flaring out the skin around
the neck, like the hood of a cobra, and it scares people when it
does this. They only get about 3 1/2 to 4 feet long. They hiss
loudly when they're upset, flare that skin out to try to scare you
off, and if that doesn't work, they'll flip over on their back and
play dead. If you flip them over on their belly, they'll flip back
over to convince you that they're really dead. They don't bite.
They go through this bluff routine; they even fake strike, with
their mouth closed, but don't seem to bite.

33. Florida toad: "This is the favorite food of the hog-nose --
the Florida toad."

34. Rattlesnake skull: "This skull of an Eastern diamondback
rattlesnake shows how the fangs of a pit viper look when extended
for striking. The fangs fold back against the top jaw when the
snake's mouth is closed."

35. Pygmy rattleqnake: "This pygmy rattlesnake is the smallest
rattlesnake we have in Florida. It rarely gets over two feet
long. It's also called the dusky pygmy, or the ground rattler.
It has tiny rattles which you may not hear, if you're not paying
very close attention, so you need to watch for them very carefully,
if you're out in the scrub or any Florida woods. They're very
small and well camouflaged, but they have a nasty temper, and will
strike if you step close to them.

36. Pygmy rattler's head: "This is a closeup of a pygmy rattler's
head. Notice the shape of the pupil of the eye. They have ellip-
tical pupils, like cats' eyes. The nostrils are right at the tip
of its head, and that little white area below and between the eye
and the nostril is the heat-sensing pit. The pygmy is typical of
all pit vipers, in that it has heat-sensing pits in its cheeks.
"They can detect minute amounts of body heat. They hunt warm-
blooded prey. Just as having two ears helps you to locate where
sound is coming from, so that you can face the sound source, so
having two heat-sensing pits in its cheeks helps a pit viper to
turn its head toward the heat source, whether it's a mouse or a
person. They are amazingly accurate, when they strikei Then they
use the pits to follow the trail of the prey after they've bitten
it, while they wait for the venom to take effect."

37. Eastern diamondback: "The Eastern diamondback rattlesnake is
the largest venomous snake in North America, and the most danger-
ous. They can grow over seven feet in length, and are anxious to
strike if cornered or threatened. Notice that long set of rattles
on its tail. Each time the smake sheds its skin, it gets a new
button, where the rattle is attached. People tell you you can tell
how old the snake is by counting the buttons in the rattle, but
that's not true. If the snake eats well that year, it might shed
four or five times, and that means four or five new buttons are
added to the rattle that year. The rattles are made out of the
same kind of material that our fingernails are made of, and they
will break off, so there's no way to age a rattlesnake by counting
the buttons on its rattle.
"It's not true that rattlesnakes will always rattle, and warn
you. Usually they'll rattle, and if you ever hear the buzz of an
angry diamondback, it's a distinctive sound you'll never forget,
but they don't always have time to rattle before striking. Also,
all snakes can swim; rattlesnakes are very good swimmers, and if
those rattles get soaking wet, they don't make much noise at all,
so you can't depend on your ears to detect these snakes out in
their habitat. You've got to look for them, and they blend in
very well; you've got to be very careful."

38. Striking pose: "This diamondback is poised to strike. They
can accurately strike two-thirds of their body length. A six-foot-
long rattler can accurately strike four feet, straight up or
straight out.

39. Rattlesnake head: This is a close-up of its head. See the
eye in the broad, black 'swoop' mark, the nostril at the tip of the
nose, and the heat-sensing pit, a little black area right behind
and below the nostril. Central Florida has three pit vipers. two,
the pygmy rattlesnake and the Eastern diamondback rattlesnake, live
in the scrub. The third, the water moccasin or Cottonmouth, lives
in wet places. Scrub is too dry for it, since rainwater drains

through the sandy soil immediately. The copperhead is a pit viper,
too, but it is found only in North Florida, arid only rarely there."

40. Coiled rattlesnake: "This is a head-on shot of a coiled
diamondback. They do have a very fat, thick head, typical of pit
vipers, but as you remember, many non-venomous snakes can make
themselves look like pit vipers by spreading out their jaw or neck
muscles."

41. Albino diamondback: "This is a very rare snake, not out in
the wTld, but in a cage. It's an albino diamondback. Albinos of
any species don't survive long in the wild. They can't hide very
well, and their eyes lack the pigment which protects them from
strong sunlight, so that they go blind. Albino people wear dark
glasses outside and even inside, to protect their eyes. This
picture is included because the pit shows up so well through the
albino rattlesnake's clear skin. See how deeply it extends back
into the side of the head."

42. Coral Snake: "This is the exception to the rule on venomous
snakes in Central Florida. This little Eastern coral snake does
not have an elliptical pupil. If you look closely, you'll see
that the pupil is round. However, drop for drop, its venom is
probably the most potent venom we have around here. It's a neuro-
toxic venom: it attacks the nervous system. Rattlesnakes carry a
hemotoxic venom, which kills red muscle. Most people who die from
a coral snake bite die from paralysis of the diaphragm, that big
muscle under your lungs that you need to breathe.
"This little Eastern coral snake gets about three feet long.
Because of its less aggressive nature, it is not the most danger-
ous snake here -- that honor goes to the Eastern diamondback
rattlesnake. It has fangs, but they're very short. It doesn't
coil up and strike out viciously like the ratlesnake, you almost
have to step on this snake or pick it up to be bitten by it. Of
course, if you're trying to hit it or kill it, it will try to
defend itself.
They are very brightly colored, and there two harmless snakes
that mimic this venomous snake very closely, the harmless scarlet
snake and the scarlet king snake, which have a different order to
their colored bands. There are several rhymes to help you remem-
ber this color pattern, like "Red touch yellow, kill a fellow;
Red touch black, venom lack," but when people see these brightly
colored snakes, they often forget the rhyme. You may have learned
that the coral snake has a black nose, but you can't always see
the nose."
Perhaps the easiest way to remember how to tell the differ-
ence is to remember a traffic light. Yellow means caution; red
means stop. If red touches yellow, STOP. That's the venomous
coral snake. That's the snake you'd better stay away from, be-
cause they are very dangerous, even though they are very pretty,
and you might be tempted to pick one up. Don't."

43. Scarlet LiD_q snake: "This is the Scarlet king snake, one of
the harmless mimics of the coral snake. Scarlet king snakes can
climb well. None of the venomous snakes in this country can
climb, so if you see what you think is a coral snake in a tree or
a bush or up on your roof or a fence your windowsill, it's a
harmless snake. Venomous snakes don't have those constrictor
muscles for squeezing their prey because they poison their prey,

and it's the constrictor muscles that snakes need to climb with."

44. Shannon and scarlet snake: "This is Jim Angy's daughter
Shannon holding a scarlet king snake. The scarlet king snake gets
about 3 1/2 to 4 feet long, and it's a good snake to have around.
Like other king snakes, it can kill and eat other snakes, includ-
ing venomous snakes. That's why it's called a king snake. The
venom of the other snakes, including the coral snake's, doesn't
seem to affect the scarlet king snake. Notice the color pattern
on this snake, and think of the traffic light. Yellow: caution;
red: stop. Does this snake have that pattern? No, narrow black
bands separate the red and yellow bands. Red does not touch
yellow. Red touches black. Venom lack. But NEVER try to capture
one of these snakes unless you're ABSOLUTELY sure of what you're
doing. A mistake could cost you your life."

45. Scarlet king snake in a tree: "Quick test: which snake is
this one? How do you know? Quickest clue is that it's in a tree.
Did you think of a stoplight? Yellow: caution; red: stop.
Does red touch yellow? It's a _?_ what?" (Scarlet king snake.)

46. Coral snake: "Which is this one? Right. A coraA snake."

47. Eastern box turtle: "This is the Eastern box turtle. It's
a small turtle, sometimes found in scrub habitat that has some
low-lying areas. It seems to prefer wetter or woodsier areas.

48. Eastern box turtle: "It eats a lot of toadstools, insects,
earthworms. It's called a box turtle because of its ability to
close itself up like a box.

49. Young Eastern box turtle: "The turtle can pull itself
completely inside the shell for protection. When the turtle is
very young, the hinge on the plastron.or bottom shell is not
fully formed, so they can't close up as well as an adult, but
after about three years,

50. Young Eastern box turtle: ... the hinge forms, and as you
can see, this turtle is completely closed up inside that shell.
You can just barely see some toenails sticking out at the top
there, and the hinge is across the plastron almost in the center.
That's the little Eastern box turtle."

51. Gopher tortoise: "This is the largest land turtle we have
in Florida, the gopher tortoise or gopher turtle. It's quite
common in scrub habitat. It prefers loose sandy dry soil to dig
its tunnels or burrows in. The tunnels can be anywhere up to 30
or 40 feet long, but usually not too deep because if they dig too
deep they'll get water in them, and they don't like to live in
water. The long burrows usually have a chamber at the end so they
can turn around in them to come back out frontwards. See the big
front flippers used for digging. Unfortunately, some people see
this big turtle with these big flippers and think it's a water
turtle. If you throw a gopher turtle in water over its head, it
will usually sink to the bottom and drown. They don't swim very
well at all."

52. Baby gophers: "The babies look just like the adults, except
for their color. They are a sort of orangish-yellow in color,
though there are individual variations even among nestmates.
Some may be brownish black, even at hatching. They are about the
size of a silver dollar, and their shells are are rounded for a
little while from being in a spherical shell. You'll notice that
the hind foot looks sort of like an elephant's foot. It's a
strong weight-bearing foot. All five toes can spread out a
little to carry a heavy body in loose sand."

53. Three hatchling gophers: "As soon as the baby gophers hatch
out of the nest in the sand, they're on their own. The adults
don't take care of them at all. They go and dig their own
burrows and take care of themselves."

54. Adolescent gopher tortoise: "This gopher looks about three
or four years old -- still has a little yellow in its shell. it
will eventually take on the dusky gray-brown shell of the adult."

55. Gopher head: "They have a huge, dangerous-looking head, but
they're truly herbivores. They eat grasses, leaves, f4owers and
fruits, such as the gopher apple and the prickly pear. If you
put your hand in front of their faces, they will usually pull
their heads back behind their front flippers. You'll hear a
hissing noise, as they have to let air out of their lungs to make
room for their neck and head to pull back. It's very hard to
make them bite anything, like a stick, unlike a snapping turtle.
You'd never want to stick your hand in front of a snapping turtle!
Sometimes, people do confuse this turtle with a snapping
turtle, because the head is so big and dangerous-looking."

56. Gopher heading for burrow: "This is a typical entrance to a
gopher tortoise burrow. Usually the tunnel is the same diameter
as the 'shell. It's a real tight fit when they crawl in there,
and you can usually tell how big the turtle is that lives in
there just by seeing the entrance hole. Several animals share
the gopher turtle's tunnel with the gopher turtle -- the indigo
snake, often called the gopher snake; the Eastern diamondback
rattlesnake will live down there with them; so will the pygmy
rattlesnake. Different species of mammals will seek out these
tunnels for shelter from predators ar from fire. The Eastern
cottontail rabbit will run down a gopher hole; 'possums, raccoons
and foxes; several species of insects live in these tunnels, and a
rare species of frog, the gopher frog, that lives nowhere else.
"The Gopher tortoise is the 'Innkeeper of the Scrub.' Bio-
logists have estimated that the gopher shelters about 360 other
species of animals, mostly insects, in their burrows. That's one
of the reasons they are called the KEYSTONE SPECIES of the scrub.
Also because they disperse seeds of scrub plants in their drop-
pings. Both plants and animals of the scrub depend upon the gopher.
That's what it means to be a keystone species."

57. Gopher heading g_gj: "This gopher is exiting his tunnel.
Here's a good look at his big, powerful digging flippers.
Just in the last five years, a mysterious, potentially fatal
upper-respiratory bacterial infection has been killing many of
our gophers, and researchers are alarmed. It's very infectious,
and so far, they haven't learned how to treat it or stop its
spread. The gopher was already classified as a Florida 'species
of special concern,' so it's urgent that this disease be stopped
before this keystone species becomes endangered or even extinct."

58. Gopher beside bloomi .ng cactus: "This gopher is beside one
of its major food sources. It eats those pretty yellow flowers,
the ruby-red fruit, the pear, which has tiny but sharp prickles
on it and the stems. Those wide, flat stems of the prickly pear
cactus, which look like leaves, are high in water content, which
is important to thirsty animals in the desert-like scrub habitat.
The true leaves have been modified into those long, sharp thorns."

59. Gopher and car wheel: "One of the main causes of death of
gopher tortoises is automobiles, when they try to cross a road.
It's not that these turtles are so fast that they can 4eap out in
front of a car. If you're a driver who's paying attention to
what you're doing, you should be able to slow down and avoid
hitting these large, slow-moving animals. Anyone who hits one on
purpose would have to be pretty sick."

60. Gopher on asphalt: "If you ever have the opportunity to
help a turtle while it's crossing the road, always put it across
in the direction it's heading. They have a strong sense of
direction, and if you put it back where it came from, it will
just turn around and try to cross the road again. They're very
determined, especially if it's in the spring, mating season.
They can apparently smell each other from rather far distances,
and if 'they're heading for a prospective mate, they won't let a
road stop them -- unless, of course, they get hit on it. So
always put them in the direction they were heading, if you pick
them up to get them off the road."

61. Armadillo: "This little nine-banded armadillo is a baby.
Armadillos are unique in that whenever the female gives birth,
she always gives birth to four indentical young. They'll either
be four females or four males, with identical genes. That makes
them an excellent research animal. Scientists love that, because
they can perform tests on half of a set of identical quadruplets
and keep half as controls, so that they'll know exactly what
changes are due to the tests. They don't have to worry about
genetic differences confusing the issue.

62. Armadillo: "This is an adult. Armadillos always seem to
have their noses in the dirt. They're hunting for insect larvae,
grubs, little snails, etc. They love to eat earthworms. "They
have real poor eyesight. If you happen to walk up on an armadillo
that's foraging in the grasses, they might not even see you. if
you hold real still, they'll sometimes walk right up to you and
bump into you without even realizing you're there. Maybe they
think you're a tree, where they might find grubs around the
roots, because they do seem to come right to your feet.
[I've had that happen to me. -- MRBI

"Armadillos get about the size of a large housecat. They're
fairly fast runners, and that tough armor enables them to plow
through vegetation that you and I could never get through. The
armadillo can just go right through it like a tank."

63. Spotted skunk: "This is a little spotted skunk, commonly
found in scrub habitat. it gets only about as big as a gray
squirrel, when it's fully grown. It's also called a civet cat.

64. Spotted skunk: The spotted skunk carries the same spray
that its big cousin, the striped skunk, carries, and they're
accurate with that spray within about twelve feet. They'll often
do a handstand when they're upset, and that's a warning to stay
back. If you get any closer, they'll spray, and the spray is
very noxious. If @t gets you, it will make you nauseated. It's
very powerful stuff, and can really hurt your eyes."

65. Gray fox: "The little gray fox is rarely seen because it is
nocturnal. It often lives in gopher holes, and is unusual in
that, unlike the larger red fox, it climbs trees. It's one of
the four native Florida species that are especially vuJnerable to
rabies. Skunks, raccoons, bats and foxes often have outbreaks of
rabies (hydrophobia), so we have to be specially careful of them."

66. Bobcat: "The bobcat is the largest carnivore native to
scrub. Although the panther may pass through scrub, it is more of
a pine flatwoods animal. The bobcat is also nocturnal and rarely
seen. This wild cat is large enough to take a half-grown deer."

67. Baby raccoon: "This, as I'm sure everybody knows, is a baby
raccoon. Raccoons have adapted very well to the encroachment of
humans onto their habitat. Many of them have been able to live in
close proximity to man. If you've ever had your garbage can raided
at night, one of these was probably the culprit."

68. Two raccoons: "They're cute and look cuddly, but they're
often carriers of that very dangerous virus, rabies, and if you're
scratched or bitten by a rabid raccoon, it could cost you your
life. So even though they look like cute little teddy bears, it's
not a good idea to approach a wild raccoon, or try to capture one
and make it into a pet."

69. Angry raccoon: "This is what they look like when they're
upset* If you ever see a raccoon in this posture, just get out of
its way. This guy's ready to fight."

70. Possum showing teeth: "This is our answer to the Australian
kangaroo. This is the Virginia possum, found throughout Florida.
The possum, or opossum, is the only marsupial native to North
America. A marsupial is a mammal that carries its young in a
pouch, like a kangaroo does."

71. Possu at bird nest: "They are opportunistic feeders. Theyl
take the easiest meal that comes along. They'll eat everything you
or I eat, and they'll eat a lot of things we wouldn't consider
eating. Often you'll see possums dead on the road, and it's
usually by another carcass because they were out there making use
of this easy meal when they themselves got run over."

72. Possum hanging JLY_ tail: "They have a prehensile tail. It's
used as a sort of fifth hand when climbing. A possum is an
excellent climber, and spends most if its time in trees, where it
can hang on with its tail."

73. B_Q, "You',ve probably
5_@ in faint: heard the term, 'playing
possum.' It means faking that you're dead. Sometimes possums will
go into this pose for protection. It's sort of like a faint they
may go into when they're terribly frightened. It may work, if
whatever scared them thinks they're dead and will leave them alone.
They don't often do this. Most of possums would rather fight than
faint, so don't count on them to do this. They'll try to run away
or hiss at you and use their teeth and claws to escape."

74. Possum babies in pouch: "This is what baby possums look like
when they're first born. They're born prematurely, by non-marsu-
pial standards, as 14-day-old embryos, really, and look like pink
jellybeans with tiny hands. They crawl from the birth canal to the
mother's pouch on her belly, and attach themselves to the milk
glands where they just stay and grow. That's unique among North
American mammals, as it's the only marsupial we have.".

75. Closeup of baby in pouch: "These little guys are about a
month old. They're starting to look a little bit more like pos-
sums, but still are terribly premature."

76. Older baby 2n mother's back: "After about three or four
months in the pouch, they begin to climb out onto the mother's back
and hang onto her fur. III danger approaches, they all try to pile
back into the pouch, but when they're this size, only a few of them
will fit inside the pouch."

77. Ditto on stick: "Eventually they will fall off, and by that
time, they're normally able to fend for themselves. They'll try to
stick with their mother for a while, but she begins to lose
interest in them when they learn to eat other foods besides milk."

78. Young cottontail rabbit: "This is a young Eastern cotton-
tail rabbit, commonly found throughout Florida, including the
scrub. It will fall prey to almost all the predators that live out
there that are bigger than they are. It is the favorite food of
the Eastern diamondback rattlesnake."

79. 'Two cottontails: "These cute little baby cottontails grow up
to reproductive age very fast. Since there's a lot of food avail-
able for them in Florida year-round, there are always a lot of baby
rabbits to take their place in the middle of the food chain."

80. Adult cottontail: "This is an adult cottontail rabbit. if
you look closely at the back end of this rabbit, you can see the
little cottonny tail, where they get their name."

81. Great horned owl: "This is a great horned owl, one of the
Predators of cottontails and other small mammals, reptiles and
birds. This is the largest owl we have in Florida, one of the only
predators that will attack and eat a skunk. They don't seem to
mind the smell that goes along with that meal."

82. Great horned owl: "Notir@e that little white throat patch on

the owl's neck. When they're getting ready to make their call, the
throat inflates with air, and

83. same owl hooting: "...you can see how big it gets when he's
actually making that hooting call. That's the great horned owl."

84. Screech owl: "This a tiny little owl found throughout
Florida, often found in scrub, called a screech owl. The most
common sound they make is not a screech, but a soft warble you may
hear at night. They are nocturnal; they come out at night and
hunt for small lizards and insects, sometimes small birds."

85. Ditto in cabbage palm hole: "They love to nest in old
woodpecker excavations. They're cavity nesters, and may be nesting
in your neighborhood, though you may never see them. I hope you
can see this one. It's a female in her nest hole entrance. She's
trying to hide the hole, so predators and others won't realize that
it's there, and is doing a good job of it. If you're just walking
by, not paying attention, you'd probably never know there was an
owl looking at you."
86. Three color phases: "For some reason, screech owis hatch out
either red, gray or brown in color. They just have these three
color morphs, or color phases, and Jim Angy's exceptional ability
as a wildlife photographer really shows in this picture. It looks
like he posed these three screech owls, but it's just that he's
incredibly patient, he spends a lot of time in the wild and knows
how and where to find wildlife. He found these three color morphs
in one tree, and was able to get this amazing picture."

87. Baby screech owl: "This little fellow is just learning to
fly."

88. Baby screech owl: And so is th-is one. Both are screech
owls. .:

89. Mourning dove: "This is a common bird found throughout scrub
habitat. This is a mourning dove, spelled m-o-u-r-n-i-n-g, because
of the mournful sound that it makes. A lot of people hear that
call of the mourning dove and think they're hearing an owl. It's a
very common seed-eating bird, and if you have a bird feeder, you've
probably sen plenty of mourning doves. They're also found on power
lines. When they fly, you'll hear a whistling sound made by their
wing feathers."

90. Mockingbird: "This is a very common bird, in scrub and every-
where else in the United States, except for the Northwest. Almost
everybody knows and loves the Northern mockingbird."

91. Three baby mockingbirds: "These are baby mockingbirds, asking
to be fed."

92. Blue Jay: "Here's a young blue jay. Like mockingbirds, blue
jays manage to get along in suburban neighborhoods, particularly
where there are big trees. They're not found in scrub, unless the
scrub is overgrown, because they can't compete there with the scrub
jay, which is better adapted for that special environment. We show
it here for comparisGn, as people mix the two species up."

93. B_L@& jAyl: "These young blue jays are colored just like their
parents. As they grow older, their tail feathers get longer, but
not as long as the scrub jays' tails, which is the main reason that
blue jays are about a half inch shorter in overall length. Because
they are noisy and aggressive, most people think blue jays are
larger than scrub jays, but it's the other way around."

94. Scrub @@: "This is the bird that made scrub habitat in this
part of Florida famous. This is the Florida scrub jay, found only
in Florida scrub habitat. It's still a matter of debate whether
the Florida scrub jay is a separate species from the Western scrub
jay, or just a separate sub-species. The closest population of the
Western scrub jay is about 1000 miles from Florida, they've been
separated for millions of years, and their habits are so different
that they probably wouldn't interbreed, even if they found each
other now, so they probably are different species.
"The Western scrub jay has a blue forehead, where the Florida
scrub jay has a white one, and the Western jays are much more wary
of people." ["I'm still trying to get some that live in my
daughter's yard in Colorado to come to my hand." -- MRB]
"Western scrub is different, too, and the Florida.jay has
adapted exclusively to Florida scrub. It needs our sandy soil, the
soil of ancient beaches, to bury the acorns of Florida's scrub
oaks. The adults may bury up to 8,000 acorns in the fall, and when
insects are difficult to find during winter months, they dig up
their acorns, many of which have insect grubs living inside them by
then, giving the jays more protein than they would have had if they
had eaten the acorns fresh. They can usually find about half of
the acorns they buried, and the rest help grow new scrub oaks, so
they help propagate their own habitat, like the gopher tortoi5e
does when it spreads seeds in its droppings."

95. Scrub Jay: "This scrub jay has nesting material. Scrub jays
have a unique J@amily system Jn that the nesting pair often have
helpers, usually their sons from years past, staying at home,
helping tend the young, helping watch out for predators and helping
defend the territory from other scrub jays. For these reasons,
pairs with helpers are more successful at raising babies that pairs
without helpers, and the oldest helpers inherit the territory when
their parents die. The daughters usually disperse, or fly away,
when they are a year old, to try to find mates. The helpers will
often stay with the parents for up to six years before breeding
themselves. Sometimes, if the territory is large enough, a helper
will 'bud off' a territory of his own, perhaps taking over part of
a neighbor's territory, to nest with a female who has flown in."

96. Scrub jay at nest: "This bird, you may notice, has colorful
bands on its leg. Researchers use these bands to identify the
birds in the field. The band at the bottom has a number on it.
They can trace how far these birds fly from where they were banded,
keep track of their geneology, how long they live, etc. The color
patterns help us to know which bird we're looking at without having
to capture it to read the number."

97. Scrub Lqy with cricket: "This is a female getting ready to
feed her young one of -its favorite meals, a cricket. They feed
their young mostly insects when they're in the nest. Protein is
necessary fGr the babies to grow, so where the habitat has been

turned into lawns or golf courses which are sprayed to kill in-
sects, there's usually not enough food to raise babies, even if
there are bushes suitable for nesting. Palmetto berries are an
attraction for insects and lizards right at the time that baby
scrub jays need protein, so palmettos are very important. Small
snakes and even, occasionally, mice, are other sources of protein."

98. Two and nest: "This is a female getting ready to relieve a
male that is on the nest. Males and females look just alike, but
there is a distinctive call that only the female makes, called a
'hiccup' call, though it sounds more like a clicking noisemaker
than a hiccup to me. Females do spend more time on the nest than
males, though, and males are usually a little bolder. This shows
the white forehead of the Florida scrub jay, one of the differences
between our scrub jay and the Western scrub jay."

99. Scrub Jay on hand: "You can attract scrub jays to come and
eat out of your hand. They're a very bold, trusting bird. It's
rare that a wild bird will actually land on your hand. The scrub
jay is trusting enough to do this. Raw, unshelled peanuts are the
best food to give them, as they will keep better than salted ones
when they bury them in the sand. They'll also take sunflower
seeds, and even bread or other human foods like these Cheerios .

100. Fledgling scrub Jay: "This is a young scrub jay just learning
to fly, about 6 - 8 weeks old. Usually at this age, they have
several adults looking after them. Parents that have helpers are
more successful at raising young than those without helpers. If
it's just a pair, their nesting mortality is higher than if there
are helpers. Not only do the helpers help feed the young, but they
also help spot predators and alert the other birds to protect them."

101. Adult: "This is what that little guy will look like when he
becomes an adult Florida scrub jay.

102. Zebra swallowtail: "This zebra swallowtail is one of the
common scrub butterflies."

103. Gulf fritillary: "The Gulf fritillary is another one."

104. Cloudless sulphur: "This is a yellow cloudless sulphur
butterfly."

105. Io moth: "This is an Io moth, one of several moths which have
so-caTie,j@eye-spots, on their secondary wings."

106. Io flashing: "If a bird or a lizard is about to catch an Io
moth, at the last instant, it will flash these eyes at them, start-
ling the predator and usually scaring it off.

107. Bulldozer: "This is one of the biggest problems scrub habitat
faces today along the barrier island, the Atlantic Coastal Ridge,
where US1 and the railroad are, other ancient coastal ridges like
"Ten Mile Ridge" around Valkaria, and throughout Florida -- the
clearing of all the natural vegetation that these animals that
you've seen live in, find food in, nest in -- and when that vegeta-
tion is gone, the animals will eventually die."

108. Canova Scru@: "This is called the Canova Scrub, one of the
few parcels of native scrub, called "Coastal Strand," that's left
on the South Beaches Barrier Island. More than 100 acres of this
property is scrub, stretching from A-1-A to North Riverside Drive,
the largest piece remaining between Canaveral and Sebastian Inlets.
"The barrier islands used to be mostly coastal strand, but now
that scrub is badly fragmented -- replaced with houses, golf courses,
shopping centers, streets and parking lots -- which threatens the
scrub jay and all the other animals we have seen pictured here, as
well as the sea turtles, with extirpation. That development also
lowers our quality of life, by adding traffic, noise, pollution and
runoff of dirty water into the river and ocean, instead of letting
the sand in the scrub filter it and replenish the shallow-water
acquifer. We people have made a mess!
"There's a limited carrying capacity of how many birds can
nest here. There are seven active nesting pairs in this piece,
including some property just out of the picture to the left that
belongs to Holy Name of Jesus Catholic Church, in the foreground.
But when the young grow up and are ready to take a mate, they have
a hard time dispersing, because the natural vegetation that they
would fly to and take cover in has been removed, mostly bulldozed
by developers. It is still possible for them to get up and down
the island, but it's dangerous, and we don't know how many'are
lost. We're trying to get the young banded so we can track them."

109. Baby scrub Jay: "This little scrub jay seems to be screaming,
'Stop the bulldozers!'"

Certificate of Adoption

It is recognized that by the planting of trees and shrubs, our Town can
acquire:

Buffers from noise, dust, pollution, and lights

Urban habitats for a variety of wildlife, including endangered
species

Improved air quality

Improved climate and energy savings, as trees provide
shade, block glare and release moisture to ease heat build-up

This certificate of adoption for the care and protection of greenways and
habitats in Melbourne Beach is awarded to:
The Whitlow Family
for establishing and caring for the plants in the Scrub Habitat Restoration Project
at

2208 Rosewood Drive
Planned, developed, and initiated by
The Environmental Advisory Board
and Town Commission

Mayor City Manager Chairman, EAB

Certificate of Adoption
It is recognized that by the planting of trees and shrubs, our Town can
acquire:

Buffers from noise, dust, pollution, and lights

Urban habitats for a variety of wildlife, including endangered
species

Improved air quality

Improved climate and energy savings, as trees provide
shade, block glare and release moisture to ease heat build-up

This certificate of adoption for the care and protection of greenways and
habitats in Melbourne Beach is awarded to:
Marjorie McArthur
for establishing and caring for the plants in the Scrub Habitat Restoration Project
at

213 Fir Avenue
Planned, developed, and initiated by
The Environmental Advisory Board
and Town Commission
Mayor City Manager Chairman, EAB

Certificate of Adoption

It is recognized that by the planting of trees and shrubs, our Town can
acquire:

Buffers from noise, dust, pollution, and lights

Urban habitats for a variety of wildlife, including endangered
species

Improved air quality

Improved climate and energy savings, as trees provide
shade, block glare and release moisture to ease heat build-up

This certificate of adoption for the care and protection of greenways and
habitats in Melbourne Beach is awarded to:
The Greene Family
for establishing and caring for the plants in the Scrub Habitat Restoration Project
at

211 Fir Avenue
Planned, developed, and initiated by
The Environmental Advisory Board
and Town Commission

Mayor City Manager Chairman,EAB

Certificate of Adoption

It is recognized that by the planting of trees and shrubs, our Town can
acquire:

Buffers from noise, dust, pollution, and lights

Urban habitats for a variety of wildlife, including endangered
species

Improved air quality

Improved climate and energy savings, as trees provide
shade, block glare and release moisture to ease heat build-up

This certificate of adoption for the care and protection of greenways and
habitats in Melbourne Beach is awarded to:
The Helmintoller Family

for establishing and caring for the plants in the Scrub Habitat Restoration Project
at

209 Fir Avenue
Planned, developed, and initiated by
The Environmental Advisory Board
and Town Commission

Mayor City Manager Chairman,EAB

MCI ton
ate do-pt#

It is recognized that by the planting of trees and shrubs, our Town can
acquire:

Buffers from noise, dust, pollution, and lights

Urban habitats for a variety of wildlife, including endangered
species

Improved air quality

Improved climate and energy savings, as trees provide
shade, block glare and release moisture to ease heat build-up

This certificate of adoption for the care and protection of greenways and
habitats in Melbourne Beach is awarded to:
Re Romats gamily
for establishing and caring for the plants in the Scrub Habitat Restoration Project
at

207 Fir Avenue
Planned, developed, and initiated by
ne Environmental Advisory Board
and Town Commission
Z/
a
Mayor 01 City Manager Chainnah, EAB

AOS

tion
catg. o

It is recognized that by the planting of trees and shrubs, our Town can
acquire:

Buffers from noise, dust, pollution, and hghts

Urban habitats for a variety of wildlife, including endangered
species

Improved air quality

Improved climate and energy savings, as trees provide
shade, block glare and release moisture to ease heat build-up

This certificate of adoption for the care and protection of greenways and
habitats in Melbourne Beach is awarded to:

Re gaffe gamily
for establishing and caring for the plants in the Scrub Habitat Restoration Pro ect
at

205 Fir Avenue
Planned, developed, and initiated by
The Environmental Advisory Board
and Town Commission

City Manager- ChainTuA EAB
May r. if

Certificate of Adoption

It is recognized that by the planting of trees and shrubs, our Town can
acquire:

Buffers from noise, dust, pollution, and lights

Urban habitats for a variety of wildlife, including endangered
species

Improved air quality

Improved climate and energy savings, as trees provide
shade, block glare and release moisture to ease heat build-up

This certificate of adoption for the care and protection of greenways and
habitats in Melbourne Beach is awarded to:

The Miller Family
for establishing and caring for the plants in the Scrub Habitat Restoration Project
at

203 Fir Avenue
Planned, developed, and initiated by
The Enviromental Advisory Board
and Town Commission

Mayor City Manager Chairman, EAB

Certificate of Adoption

It is recognized that by the planting of trees and shrubs, our Town can
acquire:

Buffers from noise, dust, pollution, and lights

Urban habitats for a variety of wildlife, including endangered
species

Improved air quality

Improved climate and energy savings, as trees provide
shade, block glare and release moisture to ease heat build-up

This certificate of adoption for the care and protection of greenways and
habitats in Melbourne Beach is awarded to:

The Congregation at St. Sebastian-By-The-Sea Episcopal Church

for establishing and caring for the plants in the Scrub Habitat Restoration Project
at

Oak Street
Planned, developed, and initiated by
The Environmental Advisory Board
and Town Commission

Mayor City Manager Chairman, EAB

Certificate of Adoption

It is recognized that by the planting of trees and shrubs, our Town can
acquire:

Buffers from noise, dust, pollution, and lights

Urban habitats for a variety of wildlife, including endangered
species

Improved air quality

Improved climate and energy savings, as trees provide
shade, block glare and release moisture to ease heat build-up

This certificate of adoption for the care and protection of greenways and
habitats in Melbourne Beach is awarded to:

The Mehta Family
for establishing and caring for the plants in the Scrub Habitat Restoration Project
at

201 Fir Avenue
Planned, developed, and initiated by
The Environmental Advisory Board
and Town Commision

Mayor City Manager Chairman, EAB

ILK ar,%Cst PI

ToWN OF MELBOURNEBEACH

August 10, 1994

The Family at
207 Fir Avenue
Melbourne Beach, FL 32951

Dear Residents:

We ask for your participation in this project - what better way to
beautify your yard with free plants while helping to restore some
of Melbourne Beach's natural habitat.

S' cerely,
4
mes M. Kelle

Mayor
5 cere;
s M
@@me *Kelle

507 OCEAN AVENUE, MELBOURNE BEACH. FL 32951-2523 - (407) 724-5860 FAX: (407) 994-8994

17 rr-777

14.

T 0 W N 0 F

MELBOURNE BEACH,

F L 0 R I D A

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......... .

Habitat Restoration and ----g
Protection Initiative

.......... .

-----------

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I'MA

. . . .............

ENVIRONMENTAL ADVISORY BOARD
SCRIPT / OUTLINE

What can a town do to bring nature back Into our lives.
A Development has taken place but we still want to live In the real

Florida.
BL Pockets of wild habitat remain In many communities.
C. People can make a difference In their yards, neighborhoods,
schools, and open spaces.

Melbourne Beach, Florida has undertaken a project to re-establish
wildlife habitats for the endangered scrub jay, sea turtle, and wildlife

corridors and on scrub lands and shorelines.

A School yard replanting, Gemini School.
B. Revegetatlon of park buffer at Flutle and read basement.
C. Children's education program.
:D. Founder's Day - public awareness display.

Melbourne Beach, basis for a model wildlife habitat protection and

restoration ordinance.
A Protect natural vegetation In plant communities.
13. Encourage backyard wildlife.
C. Tree protection.

D. Buffer zones and shoreline erosion control.
F- Removal of pest plant.
F. Land scape design.

0. Water conservation.
H. Data base for use by other cities.

IV. What happened?
A Planting at Gemini.
a Survey of lots.
C. Butterfly gardens.
D. Backyard revegetation of wildlife habitat.
E Founder's day.
F. Environmental Advisory Board activities.
G. Environmental Atlas / Calender.

H. Video.
1. Workshop on barrier island habitat.
d Demonstrafion and talks to school neighborhoods and

organizations.

V. Everyone makes a difference. Nature Is part of your neighborhood.
Keep it ALIVE.

Certificate of

BE IT KNOWN THAT...

(NAME of RESIDENT) and the Town of Melbourne Beach
believe that habitat restoration is the key to the future of
endangered species and to the re-establishment of native
ecosystems.'

Habitat restoration can:

Improve the quality of life in our Town.

Provide first hand opportunities, within working and living
environments, f or interaction between people, plants, animals,
and other natural resources.

Provide urban habitats for a variety of wildlife.

Foster the survival of endangered species.

Make our Town a more desirable place not only for us but for
future generations as well.

Therefore, we (I) undertake the task of nurturing the newly planted
vegetation along the Oak Street right-of-way by scheduled watering
until such time that the seedlings are established.

Signed:this day of 1994.

(Resident signs)

MM@V- De- .
(Town'Manager signs)

FRIENDS OF THE SCRUB
a non-for-profit organization

May 30, 1994
RECEIVED

Mr. Ed Washburn, Town Manager JUN 01 1994
Melbourne Beach Town Hall
507 Ocean Avenue TOWN OF MELBOURNE BEACH
Melbourne Beach, FL 32951 BY CJS

Dear Mi. Washburn:

Just so you'll know what it is you've requested, here's a

working copy of the script to accompany Jim Angy's 109-slide

show. I'll have to suspend working on it until sometime in July,

as I'll be out of town, then out of state, in June. I need input

from him to continue, as he added a number of slides since I saw

and recorded him. However, he did show this expanded set to

Gemini kids earlier this year, so it's officially part of the

FRIENDS OF THE SCRUB education of Melbourne Beach citizens.

Sincerely,

Margaret Broussard

3660 N. RIVERSIDE DRIVE. INDIALANTIC, FLORIDA 32903 (407) 777-0839

JIM ANGY'S SLIDE SHOW

1. Logo: "Friends of the Scrub"

2. MRB: "Presents"

3. JA: "Wildlife Photographer (and Respiratory Therapist) Jim Angy"

4. Scrub: "and the Creatures of Brevard County's Barrier Island
Scrub Habitat: a selection from twenty years' worth of slides."

5. Dune Sunflowers:. "This is typical scrub habitat, plants
that you'll find out in the scrub near the ocean."

7. Sand live oak: "This sand live oak is typical of scrub all
over the state, and was common on the barrier island. It's
important for shelter and food for many birds and other animals."

8. Anole: "This is the American Green Anole, a-n-o-l-e. Many
people call it a chameleon, but it's not a true chameleon. It does
have the ability to go from a real bright green color to a dark,
almost black, brown color, for camouflage. Its closest cousin is
the iguana. It gets only about six inches long, from the tip of
the nose to the tip of the tail, and loves to eat insects."

9. Fence Lizard: "This is a fence lizard. Some people call it a
pine lizard. It's the only lizard I know of around here which has
rough scales like the horned toad lizard, in the deserts out west.
It lives in certain types of scrub habitat."

10. Fence Lizard from front: "... and the males have a real
bright blue chin and belly patch. They eat a lot of insects."

11. Fence lizard on tree: "See if you can find this camouflaged
fence lizard. It's usually found an the ground, but it can climb.
It gets about 6-8 inches in length."

12. SiL<-lined racerunner: "This is the fastest lizard we have out
in the scrub: the six-lined racerunner. It can get about 8 to 9
inches long. These males also have a lot of blue, or turquoise,
along the belly and under the chin. Females have a white belly."

13. Blue-tailed skink. "This is a young fine-lined skink. When
they're young, they have this bright blue tail. The tail will turn
brown when they get older. They live in leaf litter, and if a bird
gets hold of the tail, it'll break off and the lizard will grow
another one. Some old-timers call this a 'blue-tailed scorpion,'
and think they can sting with their tail! There are no venomous
lizards that live in Florida, but if you were to chew on this one,
it'd make you pretty sick. Warn your cat. Cats often get sick
from eating lizards. (I wish they'd get sick from eating birds!)"

14. Brown skinkft "This is the little brown skink. only gets
about three inches in total length. Very tiny lizard, barely has
legs. Has what we call vestigial legs, especially in the front.
You can hardly see that little leg hanging down off the lizard.
But there is a lizard here in Florida which has no legs at all..."

15. Glass "snake": "Most people call it the glass snake, but it's
not a snake at all; it's a true lizard. It gets about 2 feet
long. It has the capability of blinking its eye, like a true
lizard. A snake has an optical scale that goes across its eye
which will not allow it to blink. This harmless lizard can blink."

18. Green snake head: "If you look closely at this snake's eye,
you'll see that the pupil is round, like your eye, and my eye.
This:is typical of MOST harmless snakes. We'll look at the venom-
ous snakes' eyes in a few minutes."

19. Eastern garter snake: "Do you think this snake is venomous,
or harmless?" .. a lot of people think this is a venomous snake.
This is the Eastern garter snake. It has no venom (that would
hospitalize you). It.does have teeth; all snakes have teeth, and
all snakes will bite to defend themselves. Many of the harmless
snakes in this area can flare their jaw muscles out and make
themselves look venomous. It's a bluff, to try to scare you away.
Unfortunately, when they do this, people kill them, and say that
they've killed a poisonous snake, because of the shape of that
head. This is simply a harmless garter snake in a defense posture.
He's just trying to make himself look dangerous. so you'll leave
him alone. Instead, people kill him, thinking he's a pygmy rattler
or a water moccasin or something, and all they've killed is a
harmless garter snake.7

20, Ribbon snake: "This is a ribbon snake, a thin version of the
garter. It's arboreal, which means it's more likely to be found in
trees. If you see any snake in a tree, you can be sure it's not
venomous. Venomous snakes are not climbers. Climbers have to have
constrictor muscles, to climb, and venomous snakes don't need
constrictor muscles to kill their prey, because they use poison."

21. gibbon snakeo "See how long and thin this ribbon snake is?"

22. EgLd = snake: "This snake, commonly called a corn snake,
also a red rat snake, is a very good climber. Corn snakes get
over five feet long, and were given the name rat snake because of
their ability to kill and eat rodents. They love to eat rats and
mice, and farmers like to have rat snakes living in and around
their barns. They are constrictors; they throw coils around
their prey and squeeze until the prey can no longer breathe and
dies of suffocation, and then they eat it."

23. Red rat snake: "They're very brightly colored, have a very
distinctive pattern which goes down their back which is unfortu-
nately often mistaken for a diamondback or a copperhead. Many rat
snakes have been killed by panicky people who were sure they'd
killed a copperhead or rattlesnake in their garage or yard."

25: Coachwhip: "This is one of the largest snakes that live out
in the scrub. Notice, he does have a round pupil. This is the
coachwhip snake. Do you know why snakes flick their tongues in
and out? They're tasting the air. They can pick up tiny little
particles that are floating around in the air. There's a special
organ in the roof of their mouth called the Jacobson's organ which
analyses stuff that's on the tongue to alert the snake to what's
in the immediate environment, in case it doesn't see it."

26. :Coachwhip: "The coachwhip can get over six feet in length.
The first part of the snake looks like a blacksnake, but then as
you follow the snake's color down, it turns a brown, almost a tan
color, and the very bottom part looks like a woven buggy-whip, and
that's where they got their name, Coachwhip. You can see the shed
skin of this snake that it crawled out of. As the snakes eat,
they grow, and, depending on how well they ate, they might shed
from one to five or six times in one year. When their skin gets
too tight, it begins to split around the head, and they just crawl
out of it, turning it inside out like you might peel off a sock.
The shed skin is always longer than the snake, because the skin in
between the scales gets stretched out and dries that way.

27. Indigo snake: "This is the Eastern indigo snake, also called
a gopher snake, because it likes to live down in the gopher tun-
nels, where it's cool. It's one of the few snakes protected by
law because it's threatened with extinction. The largest snake in
North America, it can grow to over nine feet long. It's a very
gentle snake, not anxious to strike, also very beautiful, so it
has been over-collected by hunters for the pet trade. Much of its
habitat has been destroyed, and it's becoming increasingly
rare. To capture or keep an indigo snake now you need a special
permit from the Florida Game and Freshwater Fish Commission.
Unfortunately, because it's such a big, relatively slow-moving
snake, some people who see one crossing the road can't resist
running over it."

29. Male indigo's head: "Males usually have a reddish or orange
blush around the head and throat. He's tasting the air here."

30. Female indigo: Is this a male or a female?

31. Hog-nose: "This odd litle snake is called the hog-nosed
snake. It gets its name from that little turned-up nose it has.
It uses that little nose sort of like a shovel, to dig out its
favorite prey, the Florida toad. These toads often bury themselves
in loose sand, and the hog-nose has a perfect way to get them out,
using that shovel nose."

32. Hog-nose: "It's a curious little snake. A lot of people,
after seeing a hog-nose snake going through its bluff, that we have
wild cobras in Florida. There are no cobras native to Florida.
Cobras are found in Africa and Asia, but our little hog-nosed snake
does have the capability of flaring out the skin around the neck,
like the hood of a cobra, and it scares people when it does this.
They only get about 3 1/2 to 4 feet long. They hiss loudly when
they're upset, flare that skin out to try to scare you off, and if
that doesn't work, they'll flip over on their back and play dead.
If you flip them over on their belly, they'll flip back over to
convince you that they're really dead. They don't bite. They go
through this bluff routine; they even fake strike, with their
mouth closed, but don't seem to bite.

33. Florida toad: "This is the favorite food of the hog-nose --
the Florida toad."

34. Rattlesnakg skull: "This skull of an Eastern diamondback
rattlesnake shows how the fangs of a pit viper look when extended
for striking. The fangs fold back against the top jaw when the
snake's mouth is closed."

35. Pygmy rattlesnake: "This pygmy rattlesnake is the smallest
rattlesnake we have in Florida. It rarely gets over two feet
long. It's also called the dusky pygmy, or the ground rattler.
It has tiny rattles which you may not hear, if you're not paying
very close attention, so you need to watch for them very carefully,
if you're out in the scrub or any Florida woods. They're very
small and well camouflaged, but they have a nasty temper, and will
strike if you step close to them.

36. Pygmy rattler's head: "This is a closeup of a pygmy rattler's
head. Notice the shape of the pupil of the eye. They have ellip--
tical pupils, like cats' eyes. The nostrils are right at the tip
of its head, and that little white area below and between the eye
and the nostril is the heat-sensing pit. The pygmy is typical of
all pit vipers, in that it has heat-sensing pits in its cheeks.
"They can detect minute amounts of body heat. They hunt warm-
blooded prey. Just as having two ears helps you to locate where
sound is coming from, so that you can face the sound source, so
having two heat-sensing pits in its cheeks helps a pit viper to
turn its head toward the heat source, whether it's a mouse or a
person. They are amazingly accurate, when they strike. Then they
use the pits to follow the prey after they've bitten it, while
they wait for the venom to take effect."

27. Eastern diamondback: "The Eastern diamondback rattlesnake is
the largest venomous snake in North America, and the most danger-
ous. They can grow over seven feet in length, and are anxious to
strike if cornered or threatened. Notice that long set of rattles
on its tail. Each time the smake sheds its skin, it gets a new
button, where the rattle is attached. People tell you youcan tell
how old the snake is by counting the buttons in the rattle, but
that's not true. If the snake eats well that year, it might shed
four or five times, and that means four or five new buttons are
added to the rattle that year. The rattles are made out of the
same.kind of material that our fingernails are made of, and they
will'break off, so there's no way to age a rattlesnake by counting
the buttons on its rattle.
"It's not true that rattlesnakes will always rattle, and warn
you. Usually they'll rattle, and if you ever hear the buzz of an
angry diamondback, it's a distinctive sound you'll never forget,
but they don't always have time to rattle before striking. Also,
all snakes can swim; rattlesnakes are very good swimmers, and if
those rattles get soaking wet, they don't make much noise at all,
so you can't depend on your ears to detect these snakes out in
their habitat. You've got to look for them, and they blend in
very well; you've got to be very careful."

38. St[ikio_q pose: "This diamondback is poised to strike. They
can accurately strike two-thirds of their body length. A six-foot-
long rattler can accurately strike four feet, straight up or
straight out.

through the sandy soil immediately. The copperhead is a pit viper,
too, but it is found only in North Florida, and only rarely there."

40. Coil-ed rattlesnake: "This is a head-on shot of a coiled
diamondback. They do have a very fat, thick head, typical of pit
vipers, but as you remember, many non-venomous snakes can make
themselves look like pit vipers by spreading out their jaw or neck
muscles."

41. Albino diamondback: "This is a very rare snake, not out in
the wild, but in a cage. It's an albino diamondback. Albinos of
any species don't survive long in the wild. They can't hide very
well, and their eyes lack the pigment which protects them from
strong sunlight, so that they go blind. Albino people wear dark
glasses outside and even inside, to protect their eyes. This
picture is included because the pit shows up so well through the
albino rattlesnake's clear skin. See how deeply it extends back
into the side of the head."

42. Coral Snake: "This is the exception to the rule on venomous
snakes in Central Florida. This little Eastern coral snake does
not have an elliptical pupil. If you look closely, you'll see
that the pupil is round. However, drop for drop, its venom is
probably the most potent venom we have around here. It's a neuro-
toxic venom: it attacks the nervous system. Rattlesnakes carry a
hemotoxic venom, which kills red muscle. Most people who die from
a coral snake bite die from paralysis of the diaphragm, that big
muscle under your lungs that you need to breathe.
"This little Eastern coral snake gets about three feet long.
Because of its less aggressive nature, it is not the most danger-
ous snake here -- that honor goes to the eastern diamondback
rattlesnake. It has fangs, but they're very short. It doesn't
coil up and strike out viciously like the ratlesnake, you almost
have to step on this snake or pick it up to be bitten by it. Of
course, if you're trying to hit it or kill it, it will try to
defehd itself.
They are very brightly colored, and there two harmless snakes
that mimic this venomous snake very closely, the harmless scarlet
snake and the scarlet king snake, which have a different order to
their colored bands. There are several rhymes to help you remem-
ber this color pattern, like "Red touch yellow, kill a fellow;
Red touch black, venom lack," but when people see these brightly
colored snakes, they often forget the rhyme. You may have learned
that the coral snake has a black nose, but you can't always see
the nose."
Perhaps the easiest way to remember how to tell the differ-
ence is to remember a traffic light. Yellow means caution; red
means stop. If red touches yellow, STOP. That's the venomous
coral snake. That's the snake you'd better stay away from, be-
cause they are very dangerous, even though they are very pretty,
and you might be tempted to pick one up. Don't."

43. Scarlet hir
j_q snake: "This is the Scarlet king snake, one of
the harmless mimics of the coral snake. Scarlet king snakes can
climb well. None of the venomous snakes in this country can
climb, so if you see what you think is a coral snake in a tree or
a bush or up on your roof or a fence your windowsill, it's a
harmless snake. Venomous snakes don't have those constrictor
muscles for squeezing their prey because they poison their prey,

and it's the constrictor muscles that snakes need to climb with."

44. Shannon An-4 scarlet hinA snake: "This is Jim Angy's daughter
Shannon holding a scarlet king snake. The scarlet king snake gets
about 3 1/2 to 4 feet long, and it's a good snake to have around.
Like other king snakes, it can kill and eat other snakes, includ-
ing venomous snakes. That's why it's called a king snake. The
venom of the other snakes, including the coral snake's, doesn't
seem to affect the scarlet king snake. Notice the color pattern
on this snake, and think of the traffic light. Yellow: caution;
red: stop. Does this snake have that pattern? No, narrow black
bands separate the red and yellow bands. Red does not touch
yellow. Red touches black. Venom lack. But NEVER try to capture
one of these snakes unless you're ABSOLUTELY sure of what you're
doing. A mistake could cost you your life."

45. Scarlet kinq snake in a tree: "Quick test: which snake is
this one? How do you know? Quickest clue is that it's in a tree.
Did you think of a stoplight? Yellow: caution; red: stop.
Does red touch yellow? It's a _?_ what?" (Scarlet king snake.)

46. Coral snake: "Which is this one? Right. A coral snake."

47. Eastern box turtle: "This is the Eastern box turtle. It's
a small turtle, sometimes found in scrub habitat that has some
low-lying areas. It seems to prefer wetter or woodsier areas.

48. Eastern box turtle: "It eats a lot of toadstools, insects,
earthworms. It's called a box turtle because of its ability to
close itself up like a box.

49. Young Eastern box turtle: "The turtle can pull itself
completely inside the shell for protection. When the turtle is
very young, the hinge on the plastron or bottom shell is not
fully formed, so they can't close up as well as an adult, but
after about three years,

50. Young Eastern box turtle: "...the hinge forms, and as you
can see, this turtle is completely closed up inside that shell.
You can just barely see some toenails sticking out at the top
there, and the hinge is across the plastron almost in the center.
That's the little Eastern box turtle."

51. Gopher tortoise: "This is the largest land turtle we have
in Florida, the gopher tortoise or gopher turtle. It's quite
common in scrub habitat. It prefers loose sandy dry soil to dig
its tunnels or burrows in. The tunnels can be anywhere up to 30
or 40 feet long, but usually not too deep because they if they
dig too deep they'll get water in them, and they don't like to
live in water. The long burrows usually have a chamber at the
end so they can turn around in them to come back out frontwards.
See the big front flippers used for digging. Unfortunately, some
people see this big turtle with these big flippers and think it's
a water turtle. If you throw a gopher turtle in water over its
head, it will usually sink to the bottom and drown. They don't
swim very well at all."

52. BAJ& gopher: "The babies look just like the adults, except
for their color. They are a sort of orangish-yellow in color,
though theire are individual variations even among nestmates.
Some may be brownish balck, even at hatching. They are about the
size of a silver dollar, and their shells are are rounded for a
little while from being in a spherical shell. You'll notice that
the hind foot looks sort of like an elephant's foot. It's a
strong weight-bearing foot. All five toes can spread out a
little to carry a heavy body in loose sand."

54. Adolescent gopher tortoise: "This gopher looks about three
or four years old -- still has a little yellow in its shell. It
will eventually take on the dusky gray-brown shell of the adult."

55. Gopher head: "They have a huge, dangerous-looking head, but
they're truly herbivores. They eat grasses, leaves, flowers and
fruits, such as the gopher apple and the prickly pear. If you
put your hand in front of their faces, they will usually pull
their heads back behind their front flippers. You'll hear a
hissing noise, as they have to let air out of their lungs to make
room for their neck and head to pull back. It's very hard to
make them bite anything, like a stick, unlike a snapping turtle.
You'd never want to stick your hand in front of a snapping turtle!
Sometimes, people do confuse this turtle with a snapping
turtle, because the head is so big and dangerous-looking."

56. Gopher hegding for burrow: "This is a typical entrance to a
gopher tortoise burrow. Usually the tunnel is the same diameter
as the shell. It's a real tight fit when they crawl in there,
and 'you can usually tell how big the turtle is that lives in
there just by seeing the entrance hole. Several animals share
the gopher turtle's tunnel with the gopher turtle -- the indigo
snake, often called the gopher snake, the Eastern diamondback
rattlesnake will live down there with them, so will the pygmy
rattlesnake. Different species of mammals will seek out these
tunnels for shelter from predators ar from fire. The Eastern
cottontail rabbit will run down a gopher hole, 'possums, raccoons
and foxes, several species of insects live in these tunnels, and
a rare species of frog, the gopher frog,-that lives nowhere else.
"The Gopher tortoise is the 'Innkeeper of the Scrub.' Bio-
logists have estimated that the gopher shelters about 360 other
species of animals, mostly insects, in their burrows. That's one
of the reasons they are called the keystone species of the scrub.
Also because they disperse seeds of scrub plants in their drop-
pings. Both plants and animals of the scrub depend upon the
gopher'. That's what it means to be a keystone species."

57. Gopher headinq Ql&: "This gopher is exiting his tunnel.
Here's a good look at his big, powerful digging flippers.
Just in the last five years, a mysterious, potentially fatal
upper-respiratory bacterial infection has been killing many of
our gophers, and researchers are alarmed. It's very infectious,
and so far, they haven't learned how to treat it or stop its
spread. The gopher was already classified as a Florida 'species
of special concern,' so it's urgent that this disease be stopped
before this keystone species becomes endangered or even extinct."

58. Gopher beside blooming cactus: "This gopher is beside one
of its major food sources. It eats those pretty yellow flowers,
the ruby-red fruit, the pear, which has tiny but sharp prickles
on it and the stems. Those wide, flat stems of the prickly pear
cactus, which look like leaves, are high in water content, which
is important to thirsty animals in the desert-like scrub habitat.
The true leaves have been modified into those long, sharp thorns."

59. Gopher and car wheel: "One of the main causes of death of
gopher tortoises is automobiles, when they try to cross a road.
It's not that these turtles are so fast that they can leap out in
front of a car. If you're a driver who's paying attention to
what you're doing, you should be able to slow down and avoid
hitting these large, slow-moving animals. Anyone who hits one on
purpose would have to be pretty sick."

60. Gogher on asphalt: "If you ever have the opportunity to
help a turtle while it's crossing the road, always put it across
in the direction it's heading. They have a strong sense of
direction, and if you put it back where it came from, it will
jUst turn around and try to cross the road again. They're very
determined, especially if it's in the spring, mating season.
They can apparently smell each other from rather far distances,
and if they're heading for a prospective mate, they won't let a
road:stop them -- unless, of course, they get hit on it. So
always put them in the direction they were heading, if you pick
them up to get them off the road."

62. Armadillo: "This Js an adult. Armadillos always seem to
have their noses in the dirt. They're hunting for insect larvae,
grubs, little snails, etc. They love to eat earthworms. "They
have real poor eyesight. If you happen to walk up on an armadillo
that's foraging in the grasses, they might not even see you. If
you hold real still, they'll sometimes walk right up to you and
bump into You without even realizing you're there. Maybe they
think you're a tree, where they might find grubs around the
roots, because they do seem to come right to your feet.
(I've had that happen to me. MRBI

63. Spotted skunk: "This is a little spotted skunk, commonly
found in scrub habitat. It gets only about as big as a gray
squirrel, when it's fully grown. -It's also called a civet cat.

64. Spotted skunk: The spotted skunk carries the same spray
that its big cousin, the striped skunk, carries, and they're
accurate with that spray within about twelve feet. They'll often
do a handstand when they're upset, and that's a warning to stay
back. If you get any closer, they'll spray, and the spray is
very noxious. If it gets you, it will make you nauseated. It's
very powerful stuff, and can really hurt your eyes."

65. Gray fox:

66. Bobcat:

67. Baby raccoon:

68. Two raccoons:

69. Angry raccoon:

70. Pogsum showing teeth:

71. Possum at nest:

72. Pogsum hanging by tail:

73. Pogsum in faint:

74. Pogsum babies in pouch:

75. C19-seup of baby in pouch:

76. Older baby on mother's back:

77. Ditto on stick:

78. YoUng cottontail rabbit:

79. LW_Q cottontails:

80. AdUlt cottontail:

81. Great horned owl:

82. Grgat horned pKJ:

83. Same 2ktJ hooting:

84. Screech 2j@Ll:

85. Ditto in cabbage 2.ain bq_ije:

86. Three color phases:
87. Baby owl:
88. Baby owl:
89. Mourning dove:
90. Mocking bird:
91. Three baby birds:
92. Blue jay:
93. Blue jays:
94. Scrub jay:
95. Scrub jay:
96. Scrub jay at nest:
97. Scrub jay with cricket:
98. Two and nest:
99. Scrub jay on hand:
100. Fledgling scrub jay:
101. Adult:
102. Zebra swallowtail: ???
103. Gulf fritillary:
104. shulphur:
105. Io moth: ???
106. Io flashing: ?
107. Canova Scrub:
109. Baby scrub jay:

NOAA COASTAL SERVICES CTR LIBRARY

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