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' § 927.07 INDIAN RIVER COUNTY CODE ' Chapter 901) shall be removed except as planner, unless it can be demon- expressly approved by the board of county strated by the applicant that the commissioners , remaining site cannot be designed to 1. That the tree is located within an accommodate and sustain the substi- ' existing or proposed right-of--way; toted tree or trees . All replacement 2 . That the tree is located within an trees shall be of a minimum four (4) inches diameter-at-breast-height existing or proposed easement, or (dbh); . stormwater management tract, pro- vided that only the minimum area 8• That the tree is located on a portion necessary for the contemplated ser- of the site .where structural develop- vice or use shall be considered under ment is proposed, provided reason- this criterion; able effort has ' been made to pre- serve protected trees and specimen 3 . That the tree is located where its trees to the -:extent feasible under continued existence would unreason- this criterion. ably interfere with the physical con- struction of the improvements on a (b) Land-clearing permit. No land clearing ' particular site as may result from permit shall be issued unless the environ- inmental planner terference with the access to the finds that each of the site by construction equipment, or following criteria has been satisfied : with the operation of the equipment 1 . That the land clearing or grubbing is ' on the site in the immediate vicinity necessary in order to make site im- of the proposed structure or improve- provements , authorized by an ap- menta; proved site plan, subdivision ap- ' 4. That the tree is located where it proval, building permit, or land creates or will create a safety or development permit, and that the health hazard, or a nuisance with area to be cleared is the minimum respect to existing or proposed strut- necessary for such work or, in the tures or vehicle or pedestrian routes , - event the aforementioned approvals and relocation of the tree on the site are not required by law for the ir- is not a feasible alternative; tended use of the property, that the ' 5 . That the tree is located where it proposed clearing is the minimum interferes with the installation, de- necessary for the proposed use or improvement. Land clearing or grub- s livery, or maintenance of proposed or Bing of a site associated with apro- existing utility services to the site; posed development plan ( e.g. , site 6 . That the tree is diseased, injured, or plan or subdivision preliminary plat) ' in danger of falling; shall not be allowed to occur prior to 7 . That the tree is located on a portion county approval of the applicable of the site to be used for construction development plan, except as specifi- ' of required parking areas or vehicu- cally exempt in section 927 . 06 . lar and pedestrian ingress and egress 2 . That the .applicant has provided a areas; provided that, when this cri- reasonable, written plan to control terion is used to justify removal of a erosion which may be expected to 1 tree or trees located within required occur as a result of the proposed yard setback areas, the applicant clearing or . grubbing. The plan shall shall replace any such tree or trees incorporate some or all of the follow- ' with an equal number of trees of ing means as determined by the ap- similar ecological or aesthetic value, plicant: . , temporary seeding and as determined by the environmental mulching, sodding, diversion berms, Supp. No. 45 927/4