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

  § 23-165. Exceptions.  

Latest version.

  • (a)

    The following situations shall be exempt from the permit requirements for tree removal in tree protection zones:

    (1)

    Trees representing hazardous or dangerous conditions. In the event that any tree shall be determined to be in hazardous or dangerous condition so as to endanger the public health, welfare or safety, and requires immediate removal without delay, verbal authorization by telephone may be given by the manager of the department of planning and development without obtaining a written permit as is otherwise required herein.

    (2)

    Emergency waivers. During the period of any emergency or natural disaster, such as floods, windstorms, fires or hurricanes, the requirements of this article may be temporarily waived by the manager of the department of planning and development so that they will in no way hamper private or public work to restore order in the county.

    (b)

    Nothing is this article shall be construed to prevent routine maintenance or the trimming of trees by public utilities or their authorized agents where such trimming or maintenance is required for the establishment or continuation of the service provided by such utility.

    (1)

    The utility shall submit to the department of planning and development a general maintenance plan which shall indicate:

    a.

    The type of maintenance to be performed.

    b.

    The location of the affected tree protection zone(s) and the location of utility structures within that zone.

    c.

    An approximate (e.g. yearly or monthly) maintenance schedule.

    d.

    Specific measures to be taken by the utility to minimize damage to trees and the canopy or tree-lined effect within the protection zone(s).

    (2)

    The department of planning and development shall review the submitted maintenance plan and shall, within thirty (30) days, issue a letter of agreement authorizing maintenance within the tree protection zone(s). The letter shall contain all pertinent information submitted in accordance with subsection (b)(1) above as well as any revisions deemed necessary by the department to preserve the tree protection zone. The letter shall be signed by the manager of the department and an authorized representative of the utility. The letter of agreement shall be applicable to future maintenance within the specified tree protection zone. (Ord. No. 88-36, § 6, 12-20-88)