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tTREE PROTECTION AND LAND CLEARING § 927.16 ' (4) Any permit issued hereunder shall remain . .. Section 927.13. Local permit not exclusive, valid for a term of one year and maybe renewable for a second one year period upon request to the It is the intent of this chapter that permits or environmental planner, provided said request oc approval required hereunder shall be in addition ' curs prior to the expiration date of the initial to and not in lieu of any federal, state, regional or ire other local approvals which may be required for permit. The environmental planner may requ reapplication and full review in those renewal the same or similar activities . In the event this ' cases where site conditions have changed substan chapter conflicts with any other regulations on tially from the date of issuance of the initial this subject matter, the more restrictive shall permit as a result of natural growth of trees and apply, with the exception that in a municipality, ' vegetation, or high winds, hurricane, tornado; : the municipal ordinance shall prevail. Compli- flooding, fire, or other act of God. If a permit . . ermit ante with . provisions of this chapter does not required by this chapter has been issued concur.= : : excuse any person for noncompliance with other rently with site plan or subdivision approval, then applicable federal, state, regional or local laws . ' such permit shall run concurrently with the site ( Ord* No. 90-16, § 12 9-11-90) plan or subdivision approval and shall be re- newed together therewith. Section 927. 14. Open burning(air curtain in- ' (Ord. No. 90-16, § 1, 9- 11-90; Ord. No. 2002-030, cinerator regulations refer- § 29 11- 12-02) enced. The provisions of Chapter 925, Open Burning( ' Section 927.12. Determination of critical Air Curtain Incinerator Regulations, shall apply root zone. regarding the burning of debris associated with The critical root zone (CRZ) is an area around land clearing and tree removal activities, as ap- a tree that is regulated by the Indian River plicable. County Land Development Regulations for the (Ord. No. 9046, § 1, 9- 11-90) purpose of protecting the roots and trunk of a' Section 927.15. Variances and administra- protected tree or a specimen tree, both during and after construction. It is a circular area using a tive appeals. -radius measured from the center of the tree. The A variance from any of the substantive require- radius is calculated as one ( 1) foot of radius for ments of this chapter or an appeal of any admin- each one ( 1) inch of diameter at breast height (4.5 istrative determination made by the environmen- feet above grade) . For any fraction of a foot over a tal planner may be obtained in accordance with whole foot, the diameter at breast height will be the procedures set forth for such relief under the 1 rounded up to the next whole number. Example: a land development regulations of Indian River tree has a diameter at breast height of twenty-one County; however, the planning and zoning com- and one-quarter (21 :4) inches; the CRZ is a circle, mission of Indian River County shall be the board centered an the center of the tree, with a radius of to which all such variance requests or appeals are twenty-two (22) feet. made . In no event shall the CRZ be less than an area (Ord. No. 90- 16, § 1, 9-11 -90) ' measured five (5) feet radially from the center of the tree at its base unless expressly determined Section 927.16. Tree protection as justifica- by the environmental planner that a smaller tion for variance relief from specified CRZ may be established. A tree well, other land development reg- ' design shall be required as appropriate in cases Mations, when the placement of fill threatens the viability. Inasmuch as the requirements of this chapter of a protected tree or specimen tree to be pre- have been determined to be of vital importance to ' served, the health, safety and well-being of the commu- (Ord. No. 90- 16, § 1, 941-90; Ord . No. 2002 -030, pity, the desire to preserve a protected tree, § 2, 1142-02) whether mandated by this chapter or not, shall be Supp. No. 45 927/7