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removal without permit of any such lot or parcel by its subdivider unless the subdivider intends in <br />good faith to forthwith begin construction 6f 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) <br />[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 />(b) <br />(a) Tree removal permit. No tree removal permit shall be issued unless the reviewing <br />environmental planner fords 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 specimen-tree-er historic tree (as defined in Chapter 901) <br />shall be removed except as expressly approved by the board of county commissioners. <br />1. 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 />3. 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 />5. That the tree is located where it interferes with the installation, delivery, or <br />maintenance of proposed or existing utility services to the site; <br />6. That the tree is diseased, injured, or in danger of falling; <br />7. That the tree is located on a portion of the site to be used for construction of <br />required parking areas or vehicular and pedestrian ingress and egress areas; <br />provided that, when this criterion is used to justify removal of a tree or trees <br />located within required yard setback areas, the applicant shall replace any such <br />tree or trees with an equal number of trees of similar ecological or aesthetic value, <br />as determined by the environmental planner, unless it can be demonstrated by the <br />applicant that the remaining site cannot be designed to accommodate and sustain <br />the substituted tree or trees. All replacement trees shall be of a minimum four (4) <br />inches diameter -at -breast -height (dbh); <br />8. That the tree is located on a portion of the site where structural development is <br />proposed, provided reasonable effort has been made to preserve protected trees <br />and specimen trees to the extent feasible under this criterion. <br />Land -clearing permit. No land -clearing permit shall be issued unless the environmental <br />planner finds that each of the following criteria has been satisfied: <br />NOVEMBER 12, 2002 <br />72 <br />• <br />