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r _ ' TREE PROTECTION AND LAND CLEARING § 927.07 ' any other landscaping or gardening activ- the use of Best Management Prac. ity which is commonly recognized as rou- tices, as applicable to the specific tine maintenance or replacement, area being cleared. (3) The removal, trimming, pruning or alter- (6) Any tree which has been destroyed or ation of any tree or vegetation in an damaged beyond saving, or which: consti- existing utility easement or right-oPway Lutes an immediate peril to life,. . .property, provided such work is done by or under or othertrees, may be removed without a the control of the operating utility com- permit, pany and said company has received all necessary licenses or *permits to provide (7) Tree removal, land-clearing, or grubbing utility service within the easement, of any vegetation, except mangrove or dune vegetation, upon any detached single" (4) The removal, pruning, trimming or alter- family residential lot or parcel ; of land ation .of any tree or vegetation for the having an area of one ( 1 .0) acre . or ' less; purpose of maintaining existing access to provided, this exemption shall not be con- a property, strued to allow land-clearing, grubbing, (5) Any activity conducted by a lawfully op- or tree removal without permit of any such lot or parcel by its subdivider unless erating and bona fide commercial nurs- the subdivider intends in good faith to ery, tree farm, agricultural operation, forthwith begin construction of a dwelling ' silvicultural operation, ranch, or similar unit or units upon said lot. Advertisement operation, when the activity occurs on the or listing for sale of the particular lot or Property owned or lawfully occupied by parcel without the dwelling unit shall the person conducting said activity and is create a presumption that the subdivider done in pursuit of said activity. This ex- does not intend to forthwith begin such emption shall include the purposeful re- construction and that the intent is for the moval of a tree or trees for their perma- . lot or parcel to be developed by a subse- nent relocation at another site undergoing quent purchaser. development. When land-clearing or tree (Ord. No . 90- 16, § 1 , 9- 11-90; Ord. No. 92-39 , § 23 , removal has been performed under this 9-29-92 ; Ord. No. 2002-030, § 22 11-12-02) ' exemption based upon the use of the prop- erty for an agricultural or silvicultural Section 927.07. Permits available; operation, the following shall . apply: criteria governing issuance. (a) No land development order shall be approved for any non-agricultural or ( 1) [Generally.] The following permits shall be non-silvicultural use or improve- available upon proper application to the commu- went on the same site within two (2) nity development department and compliance with years of the completion of such land this chapter: tree removal permit; land-clearing clearing or tree removal. permit; and dune vegetation maintenance permit. ' (b) Pertaining to silviculture, opera- (2) Criteria governing issuance: tions are encouraged to implement a State Division of Forestry approved (a) Tree removal permit . No tree removal ' management plan, including a refor- permit shall be issued unless the 'review- estation plan for harvested lands , ing environmental planner finds that a least one of the following criteria has been (c) Pertaining to agriculture, operations satisfied with respect to each, protected ' are encouraged to implement a Soil tree and each specimen tree. designated and Water Conservation District ap- for removal under the permit. Notwith- proved conservation plan, including standing, no historic tree (as . defined in Supp. N PP o. 45 927/3