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ORDINANCE 2005-002 (4) Any activity conducted by a lawfully operating and bona fide commercial nursery tree farm, agricultural operation, silvicultural operation, ranch, or similar operation, when the activity occurs on the property owned or lawfully occupied by the person conducting said activity and is done in pursuit of said activity. This exemption shall include the purposeful removal of a tree or trees for their permanent relocation at another site undergoing development. When land -clearing or tree removal has been performed under this exemption based upon the use of the property for an agricultural or silvicultural operation, the following shall apply: (5) (a) No land development order shall be approved for any non-agricultural or non-silvicultural use or improvement on the same site within two (2) years of the completion of such land clearing or tree removal. (b) (c) Pertaining to silviculture, operations shall implement a State Division of Forestry approved management plan including a reforestation plan for harvested lands Pertaining to agriculture, operations shall implement a Soil and Water Conservation District approved conservation plan, including the use of Best Management Practices, as applicable to the specific area being cleared. The removal of any protected tree, specimen tree, or other tree which has been destroyed or damaged beyond saving, or which constitutes an immediate peril to life or property. (6) Tree removal, land clearing, or grubbing of any vegetation, including protected trees and specimen trees, but not including mangroves or dune vegetation, within ten (10) feet of a house. (7) Land -clearing or grubbing of vegetation, except for protected trees, specimen trees, mangroves, dune vegetation, or any native vegetation in a conservation easement, upon any detached single-family residential lot or parcel of land having an area of one (1.0) acre or less, provided this exemption shall not be construed to allow land -clearing; or grubbing without permit on any such lot or parcel by its subdivider unless the subdivider intends in good faith to forthwith begin construction of a dwelling unit or units upon said lot. Advertisement or listing for sale of the particular lot or parcel without the dwelling unit shall create a presumption that the subdivider does not intend to forthwith begin such construction and that the intent is for the lot or parcel to be developed by a subsequent purchaser. (8) Tree removal, except for mangroves, dune vegetation, or native trees in a conservation easement, upon: • any detached single-family residential lot or parcel of land having an area of 1/4 acre (10,890 square feet) or less; or • any homesteaded single-family lot or parcel one acre or less in size; or • any single-family lot 1/3 acre (14,520 square feet) or less in size where public water or public sewer is not available to serve the lot. provided This exemption shall not be construed to allow tree removal without permit on any such lot or parcel by its subdivider unless the subdivider intends in good faith to forthwith begin construction of a dwelling unit or units upon said lot. Advertisement or listing for sale of the particular lot or parcel without the dwelling unit shall create a presumption that the subdivider does not intend to forthwith begin such construction and that the intent is for the lot or parcel to be developed by a subsequent purchaser. -2- Underline depicts addition of text; st*ii' h depicts deletion of text. 1':AC: mununity Developmena Ise rs\R.OL NDAl )lzW Free Ord resist )nsy200:;-2005', I ice C)rd 20( 002 rst exemplion.tioe