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The clearing observed was in association with 23 survey tran- sects, running north -south on the subject property. The transects range in width from 14 to 43 feet (averaging 15 to 17 feet in width), and are estimated to range from 600 to 1,700 feet in length. The property is owned by Larue Equities LTD. CO., represented by Mr. Robert Mooney, and was cleared by Guettler &iSons, Inc. of Fort Pierce. The clearing of the survey lines was performed on the property to provide topographic data for submittal to the. County as support information to the Sand Ridge Country Club Estates preliminary plat application, submitted prior to the recent rezoning of the property. ALTERNATIVES & ANALYSIS: Section 231-6(a) & (b), Tree Protection, of the Code of Laws and Ordinances of Indian River County, Florida prohibits the performance of.any tree removal, landclearing o grubbing unless tree removal and landclearing permits have:first been issued by the County. The ordinance further species that a violation shall be -punishable upon conviction by a fine not to exceed five hundred dollars ($500) per tree and landclealring activity or by imprisonment in the County jail for up to sixty (60) days, or both. Section 231-7(a) of the Tree Protection Ordinance exempts from permitting the clearing of a survey path not to exceed four (4) feet in width for the preparation of subdivision plats, or the - clearing of a path not to exceed ten (10) feet in width for the °purpose of soil bore testing. In either case, the ordinance specifies that no protected vegetation is to be clealred as part of the exemption. The clearing that occurred does not satisfy exemption criteria, in that path width maximums have been substantially exceeded, and protected trees have been removed. Based on the illegal landclearing and number of protected trees removed, the maximum fine in this case is $2,000.00.1 The owner has submitted a check to staff to obtain an after -the -fact landclearing permit, which is being held until the Commission addresses the matter. X_ STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners consider obtaining a.voluntary payment of $2,000 dollars, in addition to the requirement of after -the -fact permits. In the event that any said agreement is not forth -coming, staff recommends that y the Board of County Commissioners grant staff the authorization to pursue available remedies in County Court. Planner Roland DeBiois explained that the path cleared for survey transects averages between 15-79 ft. in width, but goes to 43 ft. at some points where equipment turned around. He pointed out that Section 231-7A of the Tree Protection Ordinance provides for 4 -ft. -wide paths for the preparation of subdivision plats and 31 BOOK NAY 2 r: