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ORDINANCE 2012-026 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 927, TREE PROTECTION AND LAND CLEARING, BY AMENDING SECTION 927.06, EXEMPTIONS, BY EXEMPTING SINGLE-FAMILY RESIDENTIAL LOTS ONE ACRE OR LESS IN AREA FROM TREE REMOVAL PERMITTING; BY AMENDING SECTION 927.17, PENALTIES AND ENFORCEMENT, BY CHANGING THE PENALTY FOR UNPERMITTED REMOVAL OF PROTECTED CABBAGE PALMS AND MODIFYING AFTER -THE -FACT PERMITTING ALLOWANCES; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Chapter 927, Tree Protection and Land Clearing, Section 927.06, Exemptions, to read as follows: Section 927.06. Exemptions. Notwithstanding anything to the contrary in this chapter, the following activities shall be lawful without application for or issuance of a tree removal or land -clearing permit. None of these exemptions shall apply to any mangrove, dune vegetation, historic tree, or upland native plant community conservation area, unless otherwise stated below. In the event the exempted activity ever becomes subject to an enforcement proceeding, the burden of proving entitlement to the particular exemption shall lie with the person claiming use of the exemption. (1) The removal, trimming, pruning, or alteration of any non -protected tree, non - specimen tree, or other vegetation as necessary for: (a) The clearing of a path not to exceed four (4) feet in width to provide physical access or view necessary to conduct a survey or site examination for the preparation of subdivision plans, site plans, or trees surveys. Under this permit exemption, no disturbance shall occur to protected trees or specimen trees, or to the critical root zones of protected trees or specimen trees. (b) The clearing of a path not to exceed ten (10) feet in width to provide vehicular access necessary to conduct soil percolation and/or soil bore tests on a property, provided such clearing or removal is conducted under the direction of a Florida registered surveyor or engineer. Under this permit exemption, no disturbance shall occur to protected trees or specimen trees, or to the critical root zones of protected trees or specimen trees. (c) The removal, pruning, trimming or alteration of any tree not classified as protected or specimen, or vegetation for the purpose of maintaining existing access to a property. Bold Underline: Additions to Ordinance l Strike-Wreugh:: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-026 927 TP and LC.doc