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ORDINANCE 2005-002 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING CHAPTER 927 OF THE LAND DEVELOPMENT REGULATIONS (LDRS) RELATING TO TREE PROTECTION; REVISING SECTION 927.06, EXEMPTIONS, TO EXEMPT FROM TREE PROTECTION REQUIREMENTS HOMESTEADED LOTS ONE ACRE OR LESS IN SIZE; EXPANDING THE EXEMPTION TO INCLUDE SINGLE-FAMILY LOTS 1/3 ACRE OR LESS IN SIZE WHERE PUBLIC WATER OR SEWER IS NOT AVAILABLE; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. BE IT ORDAINED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS THAT THE COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: 1. SECTION 927.06, EXEMPTIONS, OF CHAPTER 927, TREE PROTECTION AND LAND CLEARING, IS HEREBY AMENDED TO READ AS FOLLOWS: Section 927.06. Exemptions. Notwithstanding anything to the contrary in this chapter, the following activities shall be lawful without application for or issuance of a tree removal or land -clearing permit. None of these exemptions shall apply to any mangrove, dune vegetation, historic tree, or upland native plant community conservation area, unless otherwise stated below. In the event the exempted activity ever becomes subject to an enforcement proceeding, the burden of proving entitlement to the particular exemption shall lie with the person claiming use of the exemption. (1) The removal, trimming, pruning, or alteration of any non -protected tree, non -specimen tree, or other vegetation as necessary for: (a) The clearing of a path not to exceed four (4) feet in width to provide physical access or view necessary to conduct a survey or site examination for the preparation of subdivision plans site plans, or trees surveys. Under this permit exemption, no disturbance shall occur to protected trees or specimen trees, or to the cntical root zones of protected trees or specimen trees. (b) The clearing of a path not to exceed ten (10) feet in width to provide vehicular access necessary to conduct soil percolation and/or soil bore tests on a property, provided such clearing or removal is conducted under the direction of a Florida registered surveyor or engineer. Under this permit exemption, no disturbance shall occur to protected trees or specimen trees, or to the critical root zones of protected trees or specimen trees. (c) The removal, pruning, trimming or alteration of any tree not classified as protected or specimen, or vegetation for the purpose of maintaining existing access to a property. (2) Routine landscape maintenance such as trimming or pruning of protected trees, specimen trees, or other vegetation, mowing of yards or lawns, or undertaking any other landscaping or gardening activity which is commonly recognized as routine maintenance or replacement (3) The removal, trimming, pruning or alteration of protected trees, specimen trees, or other vegetation in an existing utility easement or right-of-way, provided such work is done by or under the control of the operating utility company and said company has received all necessary licenses or permits to provide utility service within the easement. -1- Underline depicts addition of text; strike through depicts deletion of text. 'C:eriin a it�Daeelopinent,I. )rYi i��tt .�(tC?,.-2t).,'` Ic; ().1 20C15-Cn�� re e�€_ nptuin.co