(A) Permits for the clearing of land shall be obtained by submitting an application, including all required exhibits.
(B) A land clearing application shall be submitted in conjunction with a subdivision development application to the Town Clerk, who will forward it to the Planning and Zoning Board simultaneously for approval by the enforcement official. The permit application shall be approved at the same time as final plat approval is given.
(C) For development requiring site plan, binding site plan or final development plan approval, a land clearing application shall be submitted to the enforcement official simultaneously with the site development plan, binding site plan or final development plan application. Approval of the land clearing application shall be included in the site development plan, binding site plan or final development plan approval action to such. The permit applications shall be approved at the same time as final approval is given to each plan.
(D) A land clearing permit in conjunction with a building permit application shall be submitted to the Building Official. The permit application shall be approved at the same time as the building permit.
(E) Land clearing proposals unrelated to other provisions of this division shall be submitted to the enforcement official. Prior to commencing any land clearing, a permit for land clearing must be issued. Other proposals may include but are not limited to the removal of a single tree, mining, development of private lakes and bona fide agriculture pursuits. Upon receipt of an application, the enforcement official shall review the application and shall take all steps to assure a decision on the application within 30 days.
(F) The application for land clearing permit, and the land clearing permit, shall be on forms as provided by the town.
(G) One permit may be issued for an entire site, a single tree or group of trees; however, no permit may be issued for more than one parcel or area of land unless the parcels or areas of land are contiguous. The permit shall reference, and include as part of the permit, the land clearing plan as approved. For the purposes of this division where a lot or parcel of land is under common ownership or interest and is divided by public or private rights-of-way or easements, the lot or parcel shall be considered contiguous.
(H) All applications shall be accompanied by a fee as established from time to time by resolution of the Town Council. The fees shall reflect the cost of providing the town’s services rendered as a result of this chapter.
(I) The following types of trees shall be exempt from the provisions of this section and this division; and no permit or fees shall be required for the removal, cutting down or destruction of these trees:
(1) Melaleuca quinquenervia (Cajaput or Paperback);
(2) Melaleuca leucadendra (Punk);
(3) Casuarina glauca (Brazilian Oak, Scaly Bark Beefwood);
(4) Casuarina equisetifolia (Australian Pine);
(5) Schinus terebinthifolius (Brazilian Pepper);
(6) Bischofia javanica (Bishopwood, Bischofia);
(7) Ricinus cummunis (Casterbean);
(8) Enterolobiom cyclocarpum (Ear Tree);
(9) Jacaranda acutifolia (Jacaranda Tree);
(10) Melia azedarach (Chinaberry Tree); and
(11) Metopium toxiferum (Poison Wood).
(J) Before any development commences with respect to any property not exempt under the provisions of this section, the owner or applicant shall give the town one weeks’ notice in order to permit local chapters of the Nature Plant Society, county officials or other groups designated by the town an opportunity to inspect the property and remove plants, trees and other vegetation considered to be endangered.
(2000 Code, § 62-63) (Ord. 86-04, passed 4-22-1986) Penalty, see § 154.999