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