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2002-030
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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
Metadata
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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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ORDINANCE NO. 2002-030 <br />(c) Pertaining to agriculture, operations are encouraged to implement a Soil and Water <br />Conservation District approved conservation plan, including the use of Best Management <br />Practices, as applicable to the specific area being cleared. <br />(6) Any tree which has been destroyed or damaged beyond saving, or which constitutes an immediate <br />peril to life, property, or other trees, may be removed without a permit. <br />(7) Tree removal, land -clearing, or grubbing of any vegetation, except mangrove or dune vegetation, <br />upon any detached single-family residential lot or parcel of land having an area of one (1.0) acre or <br />less; provided, this exemption shall not be construed to allow land -clearing, grubbing, or tree <br />removal without permit of any such lot or parcel by its subdivider unless the subdivider intends in <br />good faith to forthwith begin construction of a dwelling unit or units upon said lot. Advertisement <br />or listing for sale of the particular lot or parcel without the dwelling unit shall create a presumption <br />that the subdivider does not intend to forthwith begin such construction and that the intent is for <br />the lot or parcel to be developed by a subsequent purchaser. <br />(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 23, 9-29-92) <br />Section 927.07. Permits available; criteria governing issuance. <br />(1) [Generally.] The following permits shall be available upon proper application to the community <br />development department and compliance with this chapter: tree removal permit; land -clearing <br />permit; ; and dune vegetation maintenance permit. <br />(2) Criteria governing issuance: <br />(a) Tree removal permit. No tree removal permit shall be issued unless the reviewing <br />environmental planner finds that a least one of the following criteria has been satisfied <br />with respect to each protected tree and each specimen tree designated for removal under <br />the permit. Notwithstanding, no spa,.ime tree historic tree (as defined in Chapter 901) <br />shall be removed except as expressly approved by the board of county commissioners. <br />That the tree is located within an existing or proposed right -of --way; <br />2. That the tree is located within an existing or proposed easement, or stormwater <br />management tract, provided that only the minimum area necessary for the <br />contemplated service or use shall be considered under this criterion; <br />That the tree is located where its continued existence would unreasonably <br />interfere with the physical construction of the improvements on a particular site as <br />may result from interference with the access to the site by construction equipment, <br />or with the operation of the equipment on the site in the immediate vicinity of the <br />proposed structure or improvements; <br />4. That the tree is located where it creates or will create a safety or health hazard, or <br />a nuisance with respect to existing or proposed structures or vehicle or pedestrian <br />routes, and relocation of the tree on the site is not a feasible alternative; <br />Coding: Words in stfike thfoug ; are deletions from existing law. Words underlined are additions. <br />
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