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(A) The provisions of this subchapter shall apply to real property within the incorporated area of the town.
(B) A land clearing permit shall be required for the removal of any tree, palm or understory except as exempted in this section. Land clearing permits shall be required prior to any land clearing activity.
(C) The provisions of this division shall not apply to real property for which an application for a subdivision plat or site development plat, final development plan or binding site plan has been properly submitted to the town and in which all applicable fees have been paid to the appropriate department or agency, prior to the effective date of this chapter.
(D) The provisions of this section shall not apply to real property for which a building permit has been issued by the town prior to the effective date of this chapter.
(E) Land clearing permits shall furthermore not be required under the following circumstances:
(1) The removal of any tree that endangers public health or safety;
(2) The removal of any of the following species:
(a) Melaleuca quinquenervia (Cajaput or Paperback);
(b) Melaleuca leucadendra (Punk);
(c) Casuarina glauca (Brazilian Oak, Scaly Bark Beefwood);
(d) Casuarina equisetifolia (Australian Pine);
(e) Schinus terebinthifolius (Brazilian Pepper);
(f) Bischofia javanica (Bishopwood, Bischofia);
(g) Ricinus cummunis (Casterbean);
(h) Enterolobiom cyclocarpum (Ear Tree);
(i) Jacaranda acutifolia (Jacaranda Tree);
(j) Melia azedarach (Chinaberry Tree); and
(k) Metopium toxiferum (Poison Wood).
(3) The removal of any tree, palm or required understory on a single-family lot or single-family parcel of two acres or less in size unless the removal is in conjunction with additional improvements that require a building permit for their replacement, alteration, addition or expansion;
(4) Clearing of any survey trails, surveying of transect lines or property lines not to exceed three feet in width may be allowed, providing that the total clearing for these purposes affects less than 5% of the lot or parcel. Vegetation removed shall not include trees greater than six inches dbh, or vegetation listed in this section except as provided in this section. Upon written notification of the enforcement official, vegetation listed in this section may be pruned by hand for surveying purposes to allow a clear line of sight;
(5) Land utilized for a bona fide agricultural purpose; and
(6) Any development with respect to single-family dwellings.
(F) Land clearing permits in conjunction with subdivision development and PUD applications shall be required; however, provisions of this section regarding canopy and understory shall not apply. If there is a package plant approved for use with respect to either subdivision development or PUD, the effluent must be treated with a tertiary method and meet the DER standards for water quality and must be used for irrigation of the project.
(G) Land clearing permits shall be required for those lots or parcels that require a complete tree, palm or understory removal in order to meet the development requirements of any governmental agency. However, prior to any improvements in conjunction with an active development order, a replanting plan pursuant to this division must be submitted to and approved by the Town Council after consideration of recommendations of the enforcement official.
(2000 Code, § 62-61) (Ord. 86-04, passed 4-22-1986) Penalty, see § 154.999