§ 54-583. Administration.

(1)

Administration. The Administrator shall be responsible for carrying out the provisions of this article.

(2)

Fees. The Board is authorized to set reasonable fees and charges for the implementation of this article. Such fees shall be set by resolution. Fees charged will substantially finance the expenditures of administering this article. Any Person who conducts an activity that requires a Tree Permit, without first obtaining a Tree Permit, shall be required to obtain an after-the-fact Tree Permit and/or mitigate the impact in accordance with this article. Payment shall not preclude nor be deemed a substitute for prosecution of violations of the provisions of this article.

(3)

Applicability and Interpretation.

(a)

In the application and interpretation of this article, all provisions shall be considered minimal requirements and construed liberally to effectuate the purposes of this article.

(b)

This Article is not intended to repeal, abrogate, or impair any existing statutes, laws, ordinances, easements, covenants, or deed restrictions that impose more stringent restrictions on the protection or removal of Trees.

(c)

Where this article conflicts with or overlaps another ordinance or statute, whichever imposes the more stringent restrictions for the protection of Trees shall prevail.

(d)

Where any provision of this article refers to or incorporates another provision, ordinance, statute, rule, regulation, policy, official publication, or other authority, it refers to the most current version, incorporating any renumbering thereof or amendments thereto.

(e)

This Article shall be applicable to private and public properties, easements, and Rights-of-Way, as set forth in the provisions of this article.

(4)

Simultaneous Reviews. In the event that an Applicant seeks authorization to conduct activities that are subject to overlapping code provisions from different Articles of Chapter 54 of the Sarasota County Code, County staff shall perform simultaneous natural resource reviews to the greatest extent practicable.

(5)

Listed Species. In cases where impacts to Listed Species may occur, Applicants shall be required to consult with the appropriate Federal and State wildlife agencies, to use recognized sampling techniques as defined by accepted methodology of the agency to identify listed species, and to provide documentation of such coordination and compliance prior to County approval to conduct any activities that could disturb listed species or the habitat.

(6)

Jurisdiction. The provisions of this article shall be effective throughout the unincorporated area of Sarasota County, Florida. It shall be effective within the incorporated municipalities to the extent that those municipalities adopt the same provisions and provide by interlocal agreement for enforcement by the County. The Board may provide for enforcement within any municipality through an interlocal agreement.

(7)

Annexation. Where any property permitted under the provisions of this article is annexed into an incorporated area, the governmental body for the incorporated area will enforce any lawful conditions imposed by the County in conjunction with the issuance of land use and development permits unless and until such conditions are modified, changed and/or deleted through the municipality's comprehensive plan and land development regulations. Trees protected pursuant to County-issued permits shall remain protected as part of a municipal-issued development permit or development order, unless modified, changed and/or deleted by the municipality through the municipality's comprehensive plan and land development regulations.

(Ord. No. 2011-023, § 4, 5-25-2011)