§ 15-279. Exceptions and exemptions.

(a)

Exceptions. A tree removal permit shall not be required for the following tree removal activities, unless the area is designated as a conservation area.

(1)

Public road or public drainage rights-of-way, utility rights-of-way, or permanent utility easements and/or drainage tracts.

(2)

Access roads for private developments through Protection Zone "A" as defined in section 15-301(e)(1)b.

(3)

The trees listed in section 15-283(b) (restricted stock).

(4)

Trees less than eight (8) inches DBH.

(5)

Underbrush, including palmetto and shrubs, provided that such removal does not adversely affect trees (other than those specified above) within their drip-line.

(6)

Removal of whole live trees for sale as nursery stock by a bona fide commercial tree nursery.

(7)

Land used for bona fide agriculture and classified as such for property-tax purposes by the Orange County Property Appraiser. However, before removing protected trees on any such agricultural land designated by the county's comprehensive policy plan as either "urban service area," "growth center," or "village land use," a tree-removal permit must be obtained, but the removed trees are not required to be replaced as otherwise required under this article. If at anytime before the eighth anniversary of the date the tree-removal permit was issued either the bona fide agricultural use ceases, except in cases of bankruptcy, or the landowner or his or her agent applies for a land-use change or a development order or permit, the trees removed pursuant to the tree-removal permit shall then be replaced as required under this article, and approval or issuance of the requested land-use change or development order or permit (if applicable) may be withheld until the replacement requirements have been fulfilled.

(8)

Individual deteriorated or damaged trees, including trees which have deteriorated as a result of age, fire, freeze, disease, lightning, or other acts of nature and which may constitute a hazard to life or property. If more than five (5) trees are to be removed, the zoning manager shall verify said deterioration or damage.

(9)

Trees located on a single-family residential lot, which is two (2) acres or less in size, and contains an occupied residential dwelling.

(10)

Certified Affordable Housing Projects as defined by Orange County Administrative Regulations Section 11.02.06, as it may be amended from time to time, shall meet the requirements of this ordinance. Such projects, however, shall not be subject to the tree removal application fees.

(11)

Developments with a valid Preliminary Subdivision Plan (PSP), development plan or construction plan approved prior to the effective date of the ordinance.

(b)

Exemptions. In the case of a County-declared emergency such as a hurricane, flood or other disaster, the requirements of this article may be waived so as not to hamper public and/or private work to restore order.

(c)

The removal of any tree shall require adequate wind and water erosion control measures as well as compliance with any other applicable county codes.

(Ord. No. Code 1965, § 19A-44; Ord. No. 85-33, § 4, 12-9-85; Ord. No. 2001-19, § 5, 11-6-01)