§ 18.5-25. Exemptions; limitations.

(1)

Except within the Branan Field Corridor and the Greater Lake Asbury District, the following items are exempted from this article:

(a)

Timber lands: Lands managed for the production and harvesting of timber or timber products.

(b)

Municipalities: Within any municipality having a tree preservation ordinance of intent and enforcement provisions similar to this article.

(c)

Easements: Lands held as easements used in the operation of utility services including electricity, telephone, gas and sewage and water, ingress and egress.

(d)

Agricultural lands: Lands regularly used in the production of agricultural products and farming.

(e)

Road rights-of-way: Public rights-of-way for roads maintained by the State of Florida or Clay County or any operating railroad.

(f)

Pine trees.

(g)

Permitted wells, septic tanks and drainfield areas.

(2)

With-in the Branan Field Corridor and the Greater Lake Asbury District, the following items are exempted from this article:

(a)

Any tree located within an existing or propose street right-of-way and/or easement shown on a set of approved final construction plans for required improvements within or immediately adjacent to a platted single-family or mobile home subdivision.

(b)

Any tree which is or will be located on any property upon which either a single-family dwelling or a mobile home on an individual lot is located.

(c)

Any tree located on any property that is in use for agricultural or silvicultural purposes.

(d)

Any tree located in a botanical garden or in a state-approved or governmental nursery or grove that is grown for the purpose of sale or public use.

(e)

Any tree that poses imminent danger to the public health, welfare, or safety, and requires immediate removal without delay.

(f)

Any tree located within a recorded drainage or utility easement or a recorded drainage right-of-way may be removed, to the extent reasonably necessary to access, maintain, and/or construct a drainage-related facility.

(g)

Any tree that is determined to be hazardous to the public welfare during the period of an emergency such as a hurricane, flood or any other natural disaster.

(Ord. No. 83-81, § 6, 10-25-83; Ord. No. 84-8, § 1, 2-14-84; Ord. No. 86-39, § 5, 6-24-86; Ord. No. 99-13, § 4, 4-27-99; Ord. No. 99-38, § 2, 8-24-99)