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§ 927.05 INDIAN RIVER COUNTY CODE r ' (b) The storage of building materials , tion 932 .05 of Chapter 932 , Coastal. Man- debris, fill, soil or any other matter agement, pertaining to the. protection of within a critical root zone; dune and shoreline vegetation; or (c) The cleaning of material or equip- (6) Violate or fail to observe any of the ' re- . meat within a critical root zone; quirements or provisions set forth in Chap. ter 929, Upland Habitat Protection, per= (d) The disposal of any liquid or solid taining to the protection of native plant ' waste material such as paints, oils , communities. solvents , asphalt, concrete, mortar, (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2002-030,.; or other materials similarly harmful § 2, 1142-02) ' within a critical root zone; and (e) The placement of any structure or Section 927.06. Exemptions, site improvement within .a critical root zone with the exception of land- Notwithstanding anything to the contrary in scaping or related irrigation improve- this chapter, the following activities shall be law- ments unless expressly determined ful without application for or issuance of a tree r by environmental planning staff that removal or land-clearing permit. None of these such structure or site improvement exemptions shall apply to any mangrove, dune will not result in the death or dam- vegetation, specimen or historic tree, or upland ' age to the subject tree. In making native plant community conservation area, unless this determination, environmental otherwise stated below. The burden of proving planning staff shall consider, but is entitlement to any particular exemption shall lie not limited to, the following informs- with the person claiming use of the exemption, mi ' tion which shall be provided by the the event the exempted activity ever becomes . . . landowner or applicant: subject to an enforcement proceeding. 1. The type of proposed impact; ( 1) The removal, trimming, pruning, or alter- r .2 . The amount . area of the CRZ to ation of any non-protected tree, non- be affected; specimen tree, or other vegetation as nee- essary for: ' 3. The location of the impact area within the CRZ; and (a) The clearing of a path not to exceed four (4) feet in width to provide phys- 4. Efforts or actions taken to re- ical access or view necessary to con- ' duce or eliminate impacts to duct a survey or site examination for the tree, the preparation of subdivision plats, As an alternative to a determination site plans, or tree surveys ; or ' by environmental planning staff, the (b) The clearing of a path not to exceed landowner or applicant may supply ten (10) feet in width to provide to environmental planning staff a vehicular access necessary to con- written and signed statement from a duct soil percolation and/or soil bore certified arborist that states to the tests on a property, provided such best of his/her knowledge and abili- clearing or removal is conducted un- r ties that the proposed structure or der the direction of a Florida regis m. site improvement will not result in tered surveyor or engineer. . the death or damage to the subject tree. (2) Routine . landscape maintenance siich as` . ' trimming or pruning of vegetation which (5) Violate or fail to observe any of the re- does not resultin the eventual death of quirements or provisions set forth in sec- the plants , mowing of yards or lawns , or 1 Supp. No. 45 927/2 1