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ORDINANCE 2010- 008 C. When relocating greater than twelve -inch dbh hardwood trees and/or replacing said trees at a 2:1 dbh ratio are determined by the environmental planner not to be viable alternatives, a fee -in -lieu of mitigation of one hundred dollars ($100.00) per inch dbh of the tree to be removed shall be assessed as a last alternative. This fee shall be payable to the county prior to the issuance of a tree removal permit. Assessed fees under this provision shall be used by the county for native re -vegetation of restoration areas on public conservation lands; for relocating trees or for planting trees on public -controlled lands; for nuisance invasive plant eradication; or for other similar uses that enhance native tree and native vegetation protection and restoration in unincorporated Indian River County. SECTION #13: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #14: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #15: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #16: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 8th day of March 2010, for a public hearing to be held on the 23 day of March , 2010, at which time it was moved for adoption by Commissioner F1 escher , seconded by Commissioner Davis and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Aye Aye Aye Aye Commissioner Gary Wheeler Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Bold Underline: Additions to Ordinance 21 Strike ,a.f:eugh� Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2010\2010- Landscape 911, 926 and 927.RTF