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' TREE PROTECTION AND LAND CLEARING § 927. 05 CHAPTER 927. TREE PROTECTION AND Section 927.03. Purpose and intent. LAND CLEARING The purpose of this chapter is to provide for the Sec. 927.01. Short title, protection and preservation of trees and vegeta. See. 927.02. Applicability. tion within Indian River County in order to min- Sec. 927.03. Purpose and intent, imine environmental degradation caused by un- Sec. 927.04. Definitions referenced, necessary or excessive destruction of trees and Sec. 927.05. General prohibitions . other valuable vegetation . Sec. 927.06. Exemptions. g Sec. 927.07. Permits available; criteria governing issuance. (Ord . No. 9046 , § 1 , 941 -90) Sec. 927.08. Reserved. Sec. 927.09. Additional dune and shoreline vegetation Section 927.04. Definitions referenced. protection. Sec. 927. 10. Additional upland native vegetation The definitions of certain terms used in this protection, I chapter are set forth in Chapter 901 , Definitions , Sec. 927. 11. Application procedure and fees . of the Indian River Land Development Code . ' Sec. 927. 12. Determination of critical root zone. Sec. 927. 13. Local permit not exclusive. (Ord. No. 90- 16 , § 1 , 9- 11-90) Sec. 927. 14. Open burning/air curtain incinerator regulations referenced. Section 927.05. General prohibitions. ' Sec. 927. 15. Variances and administrative appeals. Sec. 927. 16. Tree protection as justification for variance Unless expressly exempted herein, it shall be relief from other land development unlawful and subject to the penalties provided regulations. herein for any person directly or indirectly by Sec. 927. 17. Penalties and enforcement. another on his behalf to : Section 927.01. Short title. ( 1) Remove, relocate, destroy or damage any protected tree or specimen tree ( as de- This chapter shall be known and may be cited fined in Chapter 901 ) on any site or tract as the "Indian River County Tree Protection and without first obtaining a tree removal Land Clearing Ordinance. " permit pursuant to this chapter: (Ord. No. 90461 § 19 9- 11-90) (2) Perform any land-clearing or grubbing unless a land-clearing permit, if required, has been issued and is posted on-site Section 927.02. Applicability. pursuant to this chapter; ' This chapter shall be applicable to all land (3) Perform tree removal, land-clearing, grub- lying in the unincorporated area of Indian River bing, grading, excavation, construction, or County, Florida. make or install any improvement upon any site or tract, regardless of the exist- This chapter shall not apply to the following ence of valid permits or approvals for the ' species of mangroves ; however, the trimming, given activity, unless each protected tree cutting, removal, or other similar actions are and each specimen tree to be preserved regulated by the Florida Department of Environ- pursuant to this chapter has been marked mental Protection and/or the St. Johns River by a highly visible band and unless all Water Management District and these actions critical root zones established pursuant to may require permits from one of these agencies. this chapter have been surrounded by a protective barrier prior to the beginning ' Avicenna germinans - black mangrove of development activities ; Rhizophora mangle red mangrove (4) Encroach onto critical root zones estab- lished pursuant to this chapter by any of Laguncularia racemosa - white mangrove the following acts or omissions : (Ord. No. 90- 16, § 1, 9- 11-90; Ord. No . 2002-030 , (a) Movement or storage of any vehicle § 22 11- 12-02) within or across a critical root zone; Supp. No. 45 927/1