§ 154.041 ALTERNATIVE, MITIGATION OR BETTERMENT PLAN.
   (A)   The terms and conditions for land clearing under this chapter may be modified by the Town Council after consideration of the recommendations of the enforcement official where an applicant has submitted to the enforcement official an alternative land clearing plan that evidences that an improvement or betterment of the environment may be accomplished or existing site conditions through implementation of the alternative land clearing plan.
   (B)   An alternative plan must meet or exceed the standards and fulfill the expressed intent of this chapter.
   (C)   Approval of any alternative land clearing plan by the enforcement official shall not exempt the applicant from all other provisions of this chapter.
   (D)   In all cases where this section is employed to provide mitigation for the removal of vegetation as required in this section, the following standards must be met or exceeded:
      (1)   All replacement vegetation must be native plant material;
      (2)   No replacement vegetation pursuant to this section may be applied toward the requirement of previous sections;
      (3)   For each square foot of understory removed, one square foot of vegetable landscaping must be placed on-site (excluding lawn grasses);
      (4)   Two palms or trees must replace each palm tree, or each 2,000 square feet or a percent thereof of one inch to four inches dbh cluster removed from the site or a fee may be paid for each tree or palm required in this division. A schedule of fees, updated from time to time, shall be kept on file at the office of the Town Clerk. Where replacement trees or palms are not preferred by the applicant, the enforcement official may consider other mitigating measures that achieve the intent of this division and this chapter; and
      (5)   Each replacement tree or palm must be in accordance with the previous provisions of this chapter.
(2000 Code, § 62-87) (Ord. 86-04, passed 4-22-1986) Penalty, see § 154.999