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ORDINANCE 2004-041
<br />Enterolobium
<br />cyclocarpum
<br />— Earpod
<br />Melia azedarch
<br />— Chinaberry
<br />927.05.
<br />General
<br />Schinus
<br />terebinthifolius
<br />—
<br />Brazilian pepper tree
<br />Melaleuca
<br />quinquenervia
<br />-
<br />Melaleuca,
<br />punk
<br />or paper
<br />tree
<br />Cupania
<br />anacardioides
<br />-
<br />Carrotwood
<br />Unless expressly exempted herein, it shall be unlawful and subject to the penalties provided herein for any person
<br />directly or indirectly by another on his behalf to:
<br />(1) Remove, relocate, destroy or damage any protected tree or specimen tree (as defined in Chapter- °n" on any
<br />site or tract without first obtaining a tree removal permit pursuant to this chapter.
<br />(2) Perform any land -clearing or grubbing unless a land -clearing permit, if required, has been issued and is posted
<br />on-site pursuant to this chapter.
<br />(3) Perform tree removal, land -clearing, grubbing, grading, excavation, construction, or make or install
<br />any improvement upon any site or tract, regardless of the existence of valid permits or approvals for the given
<br />activity, unless each protected tree and each specimen tree to be preserved pursuant to this chapter has been
<br />marked by a highly visible band and unless all critical root zones established pursuant to this chapter have
<br />been surrounded by a protective barrier prior to the beginning of development activities. The protective barrier
<br />must remain in place throughout the duration of clearing and development activities.
<br />(4) Encroach onto critical 'root zones established pursuant to this chapter by any of the following acts or
<br />omissions:
<br />(a) Movement or storage of any vehicle within or across a critical root zone;
<br />(b) The storage of building materials, debris, fill, soil or any other matter within a critical root zone;
<br />(c) The cleaning of material or equipment within a critical root zone;
<br />(d) The disposal of any liquid or solid waste material, such as paints, oils, solvents, asphalt, concrete,
<br />mortar, or other similarly harmful materials, s;v,..ilaf'..h.,,-,. ful within a critical root zone; and
<br />(e) The placement of any structure or site improvement within a tree's critical root zone, with the
<br />exception of landscaping or related irrigation improvements, unless expressly determined by
<br />environmental planning staff that such structure or site improvement will not result in the death or
<br />damage to the subject tree. In making this determination, environmental planning staff shall
<br />consider, but is not limited to, the following information which shall be provided by the
<br />landowner or applicant:
<br />1. The type of proposed impact.
<br />2. The amount area of the CRZ to be affected.
<br />3. The location of the impact area within the CRZ; and
<br />4. The efforts or actions to be taken to reduce or eliminate impacts to the tree.
<br />-6-
<br />Underline depicts addition of text; strike depicts deletion. of text.
<br />FACommunit; C>evek>p�neit. [!y ,�s',Rt)I,1tiD 11AA37 "I roe Card revisions 20(} -�i)r, 11. Or ?pCly-(i' _.doc
<br />Section
<br />927.05.
<br />General
<br />prohibitions.
<br />Unless expressly exempted herein, it shall be unlawful and subject to the penalties provided herein for any person
<br />directly or indirectly by another on his behalf to:
<br />(1) Remove, relocate, destroy or damage any protected tree or specimen tree (as defined in Chapter- °n" on any
<br />site or tract without first obtaining a tree removal permit pursuant to this chapter.
<br />(2) Perform any land -clearing or grubbing unless a land -clearing permit, if required, has been issued and is posted
<br />on-site pursuant to this chapter.
<br />(3) Perform tree removal, land -clearing, grubbing, grading, excavation, construction, or make or install
<br />any improvement upon any site or tract, regardless of the existence of valid permits or approvals for the given
<br />activity, unless each protected tree and each specimen tree to be preserved pursuant to this chapter has been
<br />marked by a highly visible band and unless all critical root zones established pursuant to this chapter have
<br />been surrounded by a protective barrier prior to the beginning of development activities. The protective barrier
<br />must remain in place throughout the duration of clearing and development activities.
<br />(4) Encroach onto critical 'root zones established pursuant to this chapter by any of the following acts or
<br />omissions:
<br />(a) Movement or storage of any vehicle within or across a critical root zone;
<br />(b) The storage of building materials, debris, fill, soil or any other matter within a critical root zone;
<br />(c) The cleaning of material or equipment within a critical root zone;
<br />(d) The disposal of any liquid or solid waste material, such as paints, oils, solvents, asphalt, concrete,
<br />mortar, or other similarly harmful materials, s;v,..ilaf'..h.,,-,. ful within a critical root zone; and
<br />(e) The placement of any structure or site improvement within a tree's critical root zone, with the
<br />exception of landscaping or related irrigation improvements, unless expressly determined by
<br />environmental planning staff that such structure or site improvement will not result in the death or
<br />damage to the subject tree. In making this determination, environmental planning staff shall
<br />consider, but is not limited to, the following information which shall be provided by the
<br />landowner or applicant:
<br />1. The type of proposed impact.
<br />2. The amount area of the CRZ to be affected.
<br />3. The location of the impact area within the CRZ; and
<br />4. The efforts or actions to be taken to reduce or eliminate impacts to the tree.
<br />-6-
<br />Underline depicts addition of text; strike depicts deletion. of text.
<br />FACommunit; C>evek>p�neit. [!y ,�s',Rt)I,1tiD 11AA37 "I roe Card revisions 20(} -�i)r, 11. Or ?pCly-(i' _.doc
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