[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









                                     oo















        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


                                              2









           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

                                              3









            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

                                              4









           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.

                                            5






                               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
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                                                                 5 L      0 C K                     3                                           aL 0 C K                     34                             OLK.
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             9
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               141
             191.0@9                                                                         311                                                                             @36
                                                                                                           0
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         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
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                                                                                                                                                                                        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


                                           7






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                    APPENDICES



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                        APPENDIX A



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                                            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






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                        APPENDIX B



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 10











                                  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






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                        APPENDIX C



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                       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.






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                     APPENDIX D



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                    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

                                             1









            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

                                              .3








           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.

                                            4









                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.


                                            5








                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.



                                            7










                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

                                            8









           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

                                            10









           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,

                                                12









           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.



                                           13











            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.







                                              14










          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










  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.






 9














                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.

                                            2









                      (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

                                             3









                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

                                            4









                 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.



                                               5









                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)

                                             6









                 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


                                             7









                     (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

                                            8









                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

                                            9









            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.

                                              10









                (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:


                                            12









                           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.

                                            13








            (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


                                             14









                (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.


                                            15









           (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

                                            16









                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.

           (c)  Plant Selection

                (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.


                                           17












           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

                                            18









                 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)

                                              19









                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

                                            20









                      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.


                                             21









                      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

                                             22









                  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.


                                               23









                          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.

                                            24









                      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:



                                             25









                           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:



                                             26









                (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

                                           27









           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

                                            28









           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

                                            29









            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.



                                             30









           (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.

                                             31









                 (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.


                                             32









                (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.



                                            33









                     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:



                                            34









                               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


                                           35









           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

                                            36









                     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.







                                            37











           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.

           (c) Beach and dune systems

           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

                                           38









                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

                                            39









                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

                                            40









                      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

                                            41









                     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.

                                             43










                          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.


                                           44










                     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.



                                            45









                (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

                                           46






                                I




           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;



                                           47










                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

                                            48










                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

                                            49









                     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.




                                           50









                     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.


                                            51









                          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:



                                            52









                      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.


                                             53









                      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.




                                            54












           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.


                                            55













           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.




                                            56






 0















                     APPENDIX E




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                 MODEL SEA TURTLE HABITAT
                   PROTECTION ORDINANCE


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                       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.




                                            4











           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.

                                             5










                 (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.



                                              7








                     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.


           (c) Publicly owned Lighting.

                (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.


                                            8









                      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.


                                             9








                (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.


                                            10








           (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.

                                           12









            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.





                                             13











           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.


























































                                        15







                                                                                                                                                  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.


                                                                     2







                 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.




                                                                  4







                                        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







                                                       W



  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;






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                     APPENDIX F



 0




                                            1







 0








            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






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                     APPENDIX G



 9










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                              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






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                     APPENDIX H




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          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






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                     APPENDIX I




 0










0




                                                                                                                          

                                                      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
 





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                     APPENDIX J



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0




















                       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
 





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                     APPENDIX K



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                             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






 0














                    APPENDIX L



 0










0













                                                                                                                                  
                                                                                                                                                         

                                                                                                      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






 0














                     APPENDIX M



 0










0





           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


                                                                                3









                          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."



 0







           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:

        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!


                                            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







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                                                       ......... .











       Habitat Restoration and        ----g
          Protection Initiative


                                            .......... .




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                               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."

              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
             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."

             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: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."

             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: 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.

                  "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, 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.

             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, 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."

              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, 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."

             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 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







                    "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 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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