§ 72-840. Tree permits.

(a)

Standards for issuance. The county forester shall consider the following standards in reviewing the application:

(1)

The extent to which the actual or intended use of the property requires cutting down or destruction of vegetation and trees, including whether the applicant has made every reasonable effort to incorporate existing trees into the project and to minimize the number of trees removed.

(2)

The desirability of preserving any tree by reason of its size, age or some other outstanding quality, such as uniqueness, rarity or status as an historic or specimen tree.

(3)

The extent to which the area would be subject to increased water runoff and other environmental degradation due to removal of the trees.

(4)

The heightened desirability of preserving tree cover in densely developed or densely populated areas.

(5)

The need for visual screening in transitional areas, or relief from glare, blight, commercial or industrial unsightliness, or any other affront to the visual or aesthetic sense in the area.

(6)

The effect that changes in the natural grade will have on the trees to be preserved.

(7)

The removal of tree(s) will significantly affect the natural clearing of the atmosphere by vegetation through particulate matter interception, the ingestion of oxygen released to the atmosphere as a by-product of photosynthesis.

(b)

Requirements for subdivision development.

(1)

Except as otherwise exempted in this division, compliance with the provisions of this division shall be required of all subdivisions subject to requirements of the Volusia County Land Development Code. Review for compliance shall be a function of subdivision review pursuant to this article III, Volusia County Land Development Code, division 2 (as amended), and shall be clearly documented in the subdivision planning documents.

(2)

Tree removal on individual lots within the subdivision may be permitted either as a part of the subdivision review process or independently under the requirements of section 72-848 of this division following approval of the subdivision.

(3)

If said lots are to be cleared as part of the subdivision review process, clearing may be limited, based on a determination made by the county forester. If permitted with the subdivision process, tree replacement requirements must be provided with the subdivision approval. Permitting fees for tree removal on lots within the subdivision shall be determined based on the number of protected trees removed and shall be calculated independently of the fees for the subdivision.

(4)

Lots to be cleared as part of the subdivision review process shall be subject to the following:

a.

Developer must demonstrate a site specific need for lot clearing based upon the type of trees on-site, the topography of the site, and other factors as may be determined by the county forester.

b.

Developer must demonstrate that clearing can be accomplished without damage to other protected trees within the subdivision.

c.

Developer must demonstrate that clearing is in compliance with approved preliminary plat.

d.

Clearing does not violate any provision of the Code of Ordinances of Volusia County.

e.

The development agreement specifies permitting fees and replacement requirements for lots to be cleared.

f.

Developer shall provide documentation of financial hardship to justify the need for lot clearing within the subdivision.

g.

Clearing would be limited to an amount not to exceed 20 percent of the approved lots with the subdivision during any one calendar year.

(c)

Tree permit issuance.

(1)

If the application meets the requirements of this division, the county forester shall approve the application subject to appropriate permit conditions. In the event that the application does not comply with the requirements set forth in this division, said application shall be denied, with reasons stated.

(2)

Upon approval or denial of the application, the county forester shall notify the land development division. If the application is approved, the land development division will notify the applicant that the tree permit is approved subsequent to the requirement of section 72-844 of this division. If the application is denied, the land development division shall notify the applicant, stating the reasons for the denial.

(d)

Posting of permit. A copy of the approved tree permit shall be clearly posted on the job site during all phases of clearing and construction activities.

(e)

Termination of permit. All tree permits shall expire one year from the date of issue unless time extensions are granted by the county forester. Application for extensions of time shall be made in writing to the county forester at least 30 days prior to the expiration of the permit.

(f)

Notification of impending activity. The person holding an approved permit shall notify the county forester prior to the start of any land activity which will effect trees. Notification shall be timely, allowing the county forester sufficient notice to perform necessary site inspections. Forester will inspect the site for compliance with section 72-844 of this division. A tree removal permit will be issued only after these pre-activity inspections are complete.

(Ord. No. 02-13, § I, 7-18-02; Ord. No. 2008-25, § III, 12-4-08)