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2002-030
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Last modified
3/26/2019 12:21:30 PM
Creation date
9/30/2015 3:46:16 PM
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Ordinances
Ordinance Number
2002-030
Adopted Date
11/12/2002
Ordinance Type
Land Development Regulation Amendments
Code Number
Chapter901 and Chapter 927
Subject
Tree Protection and Land Clearing Requirements
Codified or Exempt
Codified
Archived Roll/Disk#
2744
Supplemental fields
SmeadsoftID
844
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• a plan view showing the areas of revegetation, to include location of different species; <br />• the type size and spacing of the plants to be used, canopy, subcanopy, ground cover <br />in proportion to that illegally cleared; <br />• a schedule for completion; and <br />• a maintenance plan to include success criteria for a period of up to three (3) years <br />after reve etation. <br />The of the RevegLetation Plan is <br />to <br />establish <br />a native <br />plant <br />communilYto replace <br />the <br />plant <br />purpose <br />above shall be subject <br />to a fine <br />of <br />two hundred <br />community destroyed by the illegal activity. <br />the largest plants that can reasonably be <br />expected <br />For the lost of <br />to survive <br />mature native plant communities, <br />(and can be procured) will be <br />only <br />authorized for reve etg ation. <br />day <br />for each <br />saved <br />tree that does not have <br />Any person who commits a violation specified in para rg_aph (1)(e) above shall be subject to a fine <br />of two hundred and fifty dollars ($250.00) per day starting on the 61s' day after commencement of <br />the tree removal or land clearing. If the date of the commencement of activities cannot be <br />determined the fine shall start ten (10) dys after the landowner and/or agent for the landowner is <br />notified in writing that the debris must be removed. If an extension has been granted, the fine <br />shall commence on the day after the end of the extension. <br />Any <br />person who <br />commits <br />a violation <br />specified <br />in paragraph <br />(1)(f) <br />above shall be subject <br />to a fine <br />of <br />two hundred <br />and <br />fifty dollars ($250.00) <br />per <br />day <br />for each <br />saved <br />tree that does not have <br />properly <br />installed. <br />The <br />fine <br />the <br />date that <br />installed <br />and maintained <br />protective <br />barriers <br />shall <br />commence on <br />any <br />development <br />activity <br />begins <br />on <br />the property <br />associated <br />with the <br />proiect and the protective <br />In <br />that the date <br />the <br />barriers <br />are either <br />improperly <br />installed <br />or not <br />installed <br />at <br />all. the <br />event <br />development <br />activity <br />cannot be established <br />the <br />fine <br />shall <br />commence <br />on the date that <br />Indian River <br />County <br />staff has <br />verified <br />that development <br />activity <br />has begun <br />and <br />that the protective <br />barriers are <br />Permits required by this Chapter may be obtained after -the -fact for land clearing and protected or <br />specimen tree removal activities, upon determination by the <br />Environmental Planner that such activities were performed in accordance with permit issuance <br />criteria specified in Section 927.07. The issuance of an after -the -fact permit abates the penalties <br />described in this Section for those actions or activities authorized by the after -the -fact permit. The <br />fee for an after -the -fact permit shall be three (3) times the amount of the normal administrative fee <br />as provided for in Section 927.11(1)(f). <br />With respect to any violation of this Chapter, the owner of the property on which the violation <br />occurred is presumed to have undertaken, caused to be taken, or authorized the illegal activity. <br />The owner may present evidence proving that the presumption is incorrect in their his or- hei case. <br />11 A violation of any provision of this chapter shall be punishable upon conviction by a fine not to <br />exceed five hundred dollars ($500.00), or by imprisonment in the county jail up to sixty (60) days, <br />or both such fine and imprisonment. The destruction or alteration of each tree or plant under this <br />chapter shall be considered a separate offense. The destruction of an historic or a specimen tree; <br />mangreve, or any dune vegetation, contrary to this chapter shall receive the maximum penalty <br />provided by law. <br />Coding: Words in S..ii�[rnce through are deletions from existing law. Words underlined are additions. <br />
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