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Section 927.05. General prohibitions. Unless expressly exempted herein, it shall be unlawful and subject to the penalties provided herein for any person directly or indirectly by another on his behalf to: (1) Remove, relocate, destroy or damage any protected tree or specimen tree (as defined in Chapter 901) on any site or tract without first obtaining a tree removal permit or mangrove alteration permit pursuant to this chapter; (2) Perform any land clearing or grubbing unless a land clearing permit, if required, has been issued and is posted on-site pursuant to this chapter; (3) Perform tree removal, land -clearing, grubbing, grading, excavation, construction, or make or install any improvement upon any site or tract, regardless of the existence of valid permits or approvals for the given activity, unless each protected tree and each specimen tree to be preserved pursuant to this chapter has been marked by a highly visible band and unless all protected area Critical Root Zones established pursuant to this chapter have been surrounded by a protective bamer prior to the beginning of development activities; (4) Encroach onto pretested-a*ea Critical Root Zones established pursuant to this chapter by any of the following acts or omissions: (5) (a) Movement or storage of any vehicle within or across a protec�sa Critical Root Zone; (b) The storage of building materials, debris, fill, soil or any other matter within a protected area Critical Root Zone; (c) The cleaning of material or equipment within a protectedea Critical Root Zone; (d) The disposal of any liquid or solid waste material such as paints, oils, solvents, asphalt, concrete, mortar, or other materials similarly harmful within a protected area Critical Root Zone; and (e) The placement of any structure or site improvement within a protected ar a Critical Root Zone with the exception of landscaping or related irrigation improvements unless expressly determined by Environmental Planning staff that such structure or site improvement will not result in the death or damage to the subject tree. In making this determination, Environmental Planning staff shall consider, but is not limited to, the following information which shall be provided by the landowner or applicant: 1. The type of proposed impact; 2. The amount area of the CRZ to be affected; 3. The location of the impact area within the CRZ; and 4. Efforts or actions taken to reduce or eliminate impacts to the tree. As an alternative to a determination by Environmental Planning staff, the landowner or applicant may supply to Environmental Planning staff a written and signed statement from a Certified Arborist that states to the best of his/her knowledge and abilities that the proposed structure or site improvement will not result in the death or damage to the subject tree. Violate or fail to observe any of the requirements or provisions set forth in section 932.05 of Chapter 932, Coastal Management, pertaining to the protection of dune and shoreline vegetation; or (6) Violate or fail to observe any of the requirements or provisions set forth in Chapter 929, Upland Habitat Protection pertaining to the protection of native plant communities. (Ord. No. 90-16, § 1, 9-11-90) NOVEMBER 12, 2002 70 1t