h. Exceptions
Exceptions shall exempt property from compliance of the Clear-Cutting & Protection of Heritage Trees Regulations:
(1) Existing Development . Existing development, which is defined as preliminary subdivision plans submitted for approval prior to October 3, 2005.
(2) Building Permits Submitted . Building permits that have been requested prior to October 3, 2005.
(3) Change of Occupancy . Change of occupancy of an existing structure provided there is no expansion to increase the existing square footage of the structure beyond the maximum permitted under the Land Development Ordinance. (4) Undeveloped Farm Property . Undeveloped property that is cleared to the property line as a result of farming operations or non-farmed property that exists as an open field or meadow as of October 3, 2005. (5) Property Less than 10 Acres Zoned Residential . Property less than 10 acres, net of public right-of-way, zoned for single-family detached residential use and developed as an individual single-family residential lot in accordance with the regulations of Article J Subdivisions. (6) Subdivision of Property into Lots 10 Acres or Greater . The subdivision of property into lots 10 acres or greater that are exempt from the subdivision regulations of the Town, zoned for single-family detached residential use and developed as individual single-family residential lots. (7) Nonresidential Property Less than 10 Acres . Property less than 10 acres, net of public right-of-way, zoned to permit nonresidential use. Except however, for individual “Heritage” trees within an assumed perimeter buffer area (only for the purpose to be identified on a site plan) and subsequently approved by the Town that specifically addresses the disposition of such trees shall meet the following standard: A. Existing Heritage Trees Removed & Replaced . If an existing “Heritage” tree is removed, tree replacement shall be required based on the ratio of two (2) shade trees installed for one (1) heritage tree removed, and the shade trees are installed at three (3) inch caliper minimum. Where physical difficulties arise to meet the replacement
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