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 Hernando County
 Code of Ordinances
 Chapter 23. PLANNING
 Article IV. CANOPY ROAD PROTECTION

  § 23-164. Permit procedure.  

Latest version.

  • (a)

    Application required; required information. Permits for removal or relocation of trees within the tree protection zone shall be obtained by making application for a permit to the department of planning and development. The application shall be accompanied by a written statement indicating the reasons requiring removal or relocation of trees, a general description of the trees to be removed or relocated, an area map indicating the location of the trees to be removed or relocated, and any proposed structures or vehicle use areas. In addition, part of the application shall contain a signed acknowledgement by the applicant verifying that no protected trees will be removed as a part of the development project except as noted on the approved application. The written statement and area map shall include, as a minimum, the following:

    (1)

    Written detailed justification for removing a tree.

    (2)

    The location and dimensions of all existing and proposed structures.

    (3)

    Significant natural features.

    (4)

    Existing and proposed contours.

    (5)

    Existing protected trees to remain on site.

    (6)

    Protected trees to be removed.

    (7)

    Existing and proposed utilities.

    (8)

    Building and other structural setbacks.

    (9)

    Trees on adjacent property that may be affected by proposed construction.

    (10)

    Any land use requirements pertaining to property use or restrictions.

    (11)

    For items (5) and (6) above, the general location of the trees, including blocks of trees, is acceptable, providing a listing of individual trees by species and size is provided.

    (b)

    Inspection. Prior to the issuance of a permit, the county shall conduct an on-site inspection.

    (c)

    Grant or denial of permit. Such a permit shall be granted or denied by the board of county commissioners. The board shall have twenty-one (21) calendar days after receipt of a completed application filed pursuant to this section in which to approve or deny the requested permit. In the event that the board denies an application, it shall specify to the applicant in writing the reason for its action. If no final action with respect to a completed application is taken within the required twenty-one (21) calendar days, the application shall be deemed to have been granted.

    (d)

    Placard to be posted; availability of copy of permit. A placard indicating issuance of a valid permit shall be posted in a conspicuous place on-site during the development activity and a copy of the approved permit and application shall be available on-site during the development activity.

    (e)

    Revocation; fine. Should the permitted special exception be exceeded, or not properly implemented based on the documentation referenced above, such permit shall be revoked and any damage created by deviation from the permitted access shall result in a fine equal to the estimate of restoration as determined by the board of county commissioners.

    (f)

    Fine for failure to receive permit or alteration of road configuration. Permitting of a special exception and enforcement of the work to be done shall be in the purview of the planning and development department. Failure to receive a permit for access to a protected road prior to tree removal, or alteration of the road configuration by any person, firm or corporation, shall be considered a violation of this Code and a misdemeanor subject to prosecution as described in Chapter 2, Article III as amended from time to time for each day the violation continues.

    (g)

    Relief from applicable regulations. The preservation of trees may be considered as a peculiar circumstance warranting relief from the literal application of the appropriate county codes, such as subdivision regulations, community appearance and the zoning code. A person may make application for a variance to any such code or codes in order to avoid the removal, relocation or destruction of a tree or trees in a tree protection zone. Application for such variance shall be to the appropriate governmental authority unless such variance is from the Hernando County Zoning Code, in which case the application shall be made to the board of adjustments and appeals without charge to the applicant. The procedure for such application and the information required to be submitted therewith shall be the same as applications for removal of trees in tree protection zones as set forth in paragraph (a) above.

(Ord. No. 88-36, § 5, 12-20-88; Ord. No. 2004-09, § 14, 7-13-04)