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ORDINANCE 2004-041 7. That the tree is located on a portion of the site where structural development is proposed, provided all reasonable effort has been made to preserve protected trees and specimen trees to the extent feasible under this criterion. With respect to preservation efforts, "reasonable effort" shall include, but not be limited to: altering building design; relocating buildings parking areas, water retention areas, or drainage pipes; micro -siting buildings or improvements; or relocating utilities. The term "reasonable effort" shall not be construed as including the alternative of not implementing the project in some form, nor shall it be construed as requiring a project that is significantly different in type or function. A reasonable effort that is not technically capable of being done or is not economically viable, or which adversely affects public safety ugh the endangerment of lives or properly is not considered "practicable." A reasonable effort need not provide the highest and best use of a property to be "practicable." In determining whether a reasonable effort is practicable consideration shall also be given to the cost or result of the effort compared to the environmental benefit and/or aesthetic value the effort achieves. If, after all reasonable efforts have been made to save protected and specimen trees it is necessary to remove the trees, a permit to remove the tree(s) may be issued. (b) Land -clearing permit. No land -clearing permit shall be issued unless the environmental planner finds that each of the following criteria has been satisfied: That the land clearing or grubbing is necessary in order to make site improvements authorized by an approved site plan, subdivision approval, building permit, or land development permit, and that the area to be cleared is the minimum necessary for such work, or-, In the event the aforementioned approvals are not required by law for the intended use of the property, that the proposed clearing is shall be the minimum necessary for the proposed use or improvement. Land clearing or grubbing of a site associated with a proposed development plan (e.g., site plan or subdivision preliminary plat) shall not be allowed to occur prior to county approval of the applicable development plan, except as specifically exempt in section 927.06. 2. That the applicant has provided a reasonable, written plan to control erosion .e that may -be e*peted to occur as a result of the proposed clearing or grubbing. The plan shall incorporate some or all of the following means; as ,7eto,-.,-.ine by the .,..,..'ieap+: temporary seeding and mulching, sodding, diversion berms, interceptor ditches, sediment barriers, sediment basins, and related appurtenances or devices. All provisions of an erosion control plan shall be incorporated as expressed conditions of the issued land -clearing permit, issued and A violation of the conditions or provisions of the plan shall be considered a violation of this chapter and subject to all enforcement provisions. Environmental planning staff may request written elaboration of a proposed plan prior to issuance of a permit in order to clarify the nature and design of measures intended by the applicant. That the applicant has provided verification of St. John River Water Management District (SJRWMD) approval or exemption regarding the proposed land clearing or grubbing activity. 4. That the applicant has or is complying with all tree protection provisions contained elsewhere in this chapter. A land -clearing permit does not authorize the removal or destruction of protected trees or specimen trees. of i ister-ie tfees Notwithstanding anything in section 927.07 to the contrary, no tree removal or land -clearing permit shall be construed to authorize any act with respect to a mangrove. Underline depicts addition of text; s*��'�gh depicts deletion of text. 1 :,.C'or.mtn:ity D4vek)0ineu� USCT'S11 Oi.AND11 13R`9) lice Ord iced i«tts )(K) Of)-,;Iree 01-1 2004-0 1(Oc