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. a § 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 ' L 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 mMIMUm four (4) inches > diameter- at-breast-height existing or proposed easement, or (dbh)$. . ` stormwater management tract, pro- vided that only the minimum area S• 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. interference with the access to the mental planner finds that each of the site by construction equipment, or following criteria has been satisfied: with the operation of the equipment I . 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- ments; 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' in- 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 i livery, or maintenance of proposed mprovement. Land clearing or grub- or bing of a site associated with a pro- 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- tally 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 tenon is used to justify removal of a erosion. which may be expected to 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