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Section 927.15. Specimen tree protection. Change: The sentence "A reasonable effort need not remove all economic value of the property in order to be considered not 'practicable"' has been removed. thin the t this Reason: There is allow the cncem county to isubstantiallregulated proposed tprojectssto thee exnt that the project would not be economically viable and could result in a takings issue. Staff attempted to assure the regulated community that this was not the case. In fact, staff has stated that, should a situation arise that is unacceptable to an applicant, the applicant has the option to appeal staffs decision. It is staff's opinion that the removal of this language does not alter the authority of the proposed ordinance. Section 927.18 (1)(d)(4). Change: Specific language regarding the type of tag required for the tree and the location of the tag on the tree has been added. Reason: This change reflects the experience of the Town of Indian River Shores with implementation of its tree protection ordinance. This revision will provide for a uniform marking system that, in conjunction with the tree survey, will allow staff to better locate trees that are to be saved on the project site. Section 927.18(4). Change: Increased, from one foot to five feet, the minimum distance from the tree where the use of special techniques or methods may be used if approved by staff If impacts are proposed within the five foot radial distance, a written statement from a Certified Arborist will be required. This statement must certify that the proposed special techniques or methods wilnot result in impact within the five foot os probability of damage to the tree. Any proposed radial distance that would cause physical damage to the roots, trunk, or buttresses of the tree will not be approved. Reason: In previous drafts of this ordinance, the minimum distance was set at one foot; however, it was felt that this was too close to the tree considering the roots and buttressing of certain trees. The existing ordinance allows impacts to within five feet of a tree Major Chances Section 927.16. Critical Root Zone determination. Change: The calculation of the Critical Root Zone (CRZ) has been changed. The CRZ definition is now in Section 901.03, Definitions. The CRZ is calculated as a radius that is equal to one foot of radius for every inch of diameter at breast height (dbh). A description of tree well construction and techniques has replaced the CRZ information (see below). Reason: The original calculation of the CRZ took into account four factors in arriving at the size of the CRZ These factors were: the species of tree; the age of the tree; the condition of the tree; and the relative tolerance of the tree species to various impacts. Of these four factors, only the species of the tree and the relative tolerance would generally be undisputed. The other two factors require some subjective determinations. Based on comments received at the public workshops, written comments, July 9, 2002 38