For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDABLE AREA. The portion of a building site exclusive of required yard area on which a structure or building improvements may be erected, and including the actual building, structure, driveway, roadway, parking lot, lakes, parks, golf courses, pool, decking, sidewalks, drainage facilities and other construction as shown on the site plan.
BUILDING OFFICIAL. The Building Official of the Town of Briny Breezes or his or her designated representative.
DEVELOPMENT. Any proposed material change in the use or character of land, including, but not limited to, the placement of any structure or site improvement on land. When appropriate to the context, DEVELOPMENT may refer to the act of issuing any building permit.
DISTRICT. The South Florida Water Management District.
DRIP LINE. A vertical line run through the outermost portion of the crown of a tree extending to the ground, that the same shall be not less than a ten-foot diameter circle which is drawn from the center of the trunk of a tree.
DUNE GROWTH or BEACH DUNE VEGETATION. Any natural vegetative cover which binds the sand at the beaches and along the shore from erosion, and shall include any of the grass commonly known as sea oats or Uniola Paniculata and Coccolobis Uvifera, commonly known as sea grapes.
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.
GRUBBING. Removal of vegetation from land by means of digging, raking, dragging or otherwise disturbing the roots of vegetation and the soil in which roots are located, but shall not include beach cleaning activities.
MACHINERY, HEAVY. Trucks, mechanical land clearing, earth moving or earth working equipment with a gross weight in excess of 5,000 pounds. For the purposes of this section, all machinery that utilizes steel tracks for traction shall be considered HEAVY MACHINERY.
MANGROVE TREES. Any plant belonging to any of the following species of mangroves: Rhizophora Mangle, the red mangrove; Laguncularia Racemosa, the white mangrove and Avicennia Nitida, the black mangrove.
PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
REMOVAL. The physical removal of vegetation; removal of trees also includes any intentional or negligent act which will cause a tree to decline and die within a period of three years, including, but not limited to, such damage inflicted upon the tree itself; damage to the root system of a tree by the operation of heavy machinery; damage from the change of the natural grade above the root system of a tree or around the trunk of a tree; and damages from injury or from fire inflicted on trees which results in or permits infections or pest infestations.
SHRUB VEGETATION. Underbrush and bush type growth consisting of small trees and woody shrubs with multiple or single stems measuring less than four inches in diameter at a height of four and one-half feet above the ground.
SITE. The parcel of land for which a tree removal permit is sought.
SITE DEVELOPMENT PLAN, BONA FIDE. A valid building permit; an approved site development plan; an approved subdivision master plan; or a valid land development permit.
TREE. Any self-supporting woody plant of a species which normally grows to a minimum overall height of 20 feet and a spread of 15 feet in the crown, or has a trunk measuring four or more inches in
diameter at a height of four and one-half feet above the ground. All mangrove trees shall be included hereunder, which are one foot or more, in height.
TREE SURVEY. A drawing certified by a land surveyor, registered in the state; as to the location and size of all trees as defined by this chapter.
VEGETATION, NATIVE. Any plant species with a geographic distribution indigenous to all or part of the state. Plant species which have been introduced by humans are not NATIVE VEGETATION.
VEGETATION, PROTECTED. All vegetation other than:
(1) Prohibited plant species; or
(2) Vegetation excluded from protection under the exemptions provisions of this subchapter.
VIABLE. A tree, which in the judgment of the enforcement agency, is capable of sustaining its own life processes, unaided by humans, for a reasonable period of time.
WATER RESOURCE. Any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds or diffused surface water, and water percolating, standing or flowing beneath the surface of the ground.
WATER SHORTAGE CONDITION. When sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought.
WATER SHORTAGE EMERGENCY. A situation when the powers which can be exercised under Part II of Chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses.
YARD AREA. The front, side and rear yard areas as established and required under the comprehensive zoning code and the zoning district requirements applicable thereto.
ZONING OFFICIAL. The Zoning Official of the Town of Briny Breezes or his or her designated representative.
(Ord. 1-90, passed 1-31-1991)