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ORDINANCE NO. 5387-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING VARIOUS SECTIONS WITHIN CHAPTER 52, CODE OF
ORDINANCES, RELATING TO TREE PROTECTION; DEFINING TERMS;
PROHIBITING TREE PRUNING THAT REMOVES MORE THAN THIRTY
PERCENT OF THE FOLIAGE OF CERTAIN TREES; PROHIBITING THE
PLANTING OF CERTAIN TREES; REQUIRING THE REMOVAL OF
CERTAIN HAZARDOUS TREES; REQUIRING THE PROTECTION OF
CERTAIN TREES; PROVIDING PROTECTION FOR SPECIMEN TREES;
PROVIDING FOR TREE RELOCATION AND REPLACEMENT; CREATING
SECTION 52.09, CODE OF ORDINANCES, TO ESTABLISH RULES
FOR THE CARE OF TREES DURING CONSTRUCTION AND FOR TREE
PRUNING; CREATING SECTION 52.10, CODE OF ORDINANCES, TO
REQUIRE LICENSES FOR TREE SERVICE COMPANIES; ADOPTING
THE MANGROVE PROTECTION RULES OF THE STATE OF FLORIDA BY
REFERENCE, AND REQUIRING PROOF OF ISSUANCE OF A STATE
PERMIT AS A CONDITION OF ISSUANCE OF A TREE REMOVAL
PERMIT FOR THE REMOVAL OF MANGROVES; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Chapter 52, Code of Ordinances, is amended to read:
ARTICLE I. IN GENERAL
Sec. 52.01. Statement of findings and purpose.
The purpose of this chapter is to promote the general welfare of the
citizens of the city by protecting the natural environment and appearance of the
city through tree protection and re-planting. It is hereby found and declared
to be necessary to protect existing trees and mangroves as a means of protecting
and preserving the quality of life found-exist Nn within the city.
Benefits derived from tree protection and re-planting include:
M Improved control of soil erosion;
2) Moderation of storm water runoff, tthereby improving the quality and
tits of available,waterL
Interce tion of airborne articulate matter, rreducing air ollutantU
CODING: Underlining indicates new text;
deletions are indicated by r."ich-44r4wgh type..
I
5-3S17-1-3
,r
K:
(7)
4 Promotion of health and vigorous trees,
5 Enhancement of wildlife habitat;
Reduction of noise and glare;
7 Enerov conservation throuah climate model
Increase in orooert
Sec. 52.02. Definitions
ovement
y
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
"Arboriculture" means the care and maintenance of trees.
"Coniferous" means a tree belonging to a group of mostly evergreen trees
that bear true cones or arillate fruit.
"Critical root zone" means the rooting area of a tree established to limit
root disturbances. in which disturbances are likelv to directly affect a tree's
chance for survival. The term means the around area within the tree's drinline.
"Crown" means all branch arts including all stems twigs and folia e.
"Department" means-the-public works department.
"Diameter at breast height (DBH)" means the standard measurement of the
diameter, in inches, of a single-stemmed tree measured at ef- 4 1/2 feet above
s' grade. The DBH of a multi-stemmed tree shall equal the sum total of the diameter
of all stems measured at 4 1/2 feet above grade.
"Director" means the director of the department, or an em to ee authorized
b the director to perform one or more of the duties of the director ursuant to
this chapter.
"Dripline" means an artificial Sine along the ground which conforms to the
perimeter of the crown of a tree as projected vertically to the ground.
"Existing diameter at breast height EDBH " means the total diameter
measured in inches at 4 1/2 feet above grade ofa1.1protected trees existing on
a site prior to the beginning of any-new development on the site. EDBH shall not
include an trees determined b the department to be dead or in a declining
r_nndition which would warrant their removal.
"Grubbing" means the removal of any type of rooted vegetation from land by
digging, raking, dragging or otherwise disturbing the roots of such vegetation
and the soil in which such roots are located.
"Heavy machinery" means mechanical land-clearing, earth-moving or earth-
working equipment with a gross weight in excess of 5,000 pounds. For purposes
2
5357- 13
of this chUter l ,L all machinery which utilizes steel tracks for traction
shall be considered to be heavy machinery.
trees.
"Historic tree" means a tree which has been found to be of notable historic
interest to the city, because of its age, type, size or historic association with
the community, and has been so designated by the City Commission.
"Land cleaFing" Fneans the remeyal by any means ef any type of Yegetatien
44001 d,-
"Licht machinerv" means hand or mechanically ooerated eouioment
"Mangrove" means any or all of the following species of aquatic woody
plants:
to
Red mangrove - Rhixophora mangle;
Black mangrove - Rvicennia nitida or avicennia germinans;
White mangrove - Laguncularia racemosa;
Buttonwood or button-mangrove - Conocarpus erectus e`reeta.
"Native veoetation" means anv and all of
"No tree removal permit required verification" means a natar4zed statement
signed by an applicant for a land clearing or grubbing permit, land use permit
or building permit certifying that no-protected _trees exist on site or although
protected trees exist on the site for which any of the above-named permits are
4-5- sought, their removal is not required for construction purposes.
rw
"Protective barrier" means a physical structure limiting ' ^r_to--&
-,t which complies with
the specifications,, and requirements an intent of this chapter and effective)
limits access to a protected area.
3
"Prnter_tPd tree" means anv tree of four inches OBN or greater. that is not
"Remove or removal" mean mean, the actual removal or causing the
effective removal through damaging, poisoning, excessive _prun_in4,_ or other direct
or indirect actions resulting in the death of -to a tree or mangrove, without _a
permit.
"Root nruninn" means the cuttino of tree roots using methods approved by
overall tree stress.
"Specimen tree" means an tree which the department determines to be of
high value to the community because of its type, size age, exceptional ualit '
or other nrofessional criteria. and so designated by the decartment tree '''k!
a) the relative maturity and even ape of the stand;
-(b )---the uric of the tree species composing the stand:
(c) the rare or unusual nature of the stand:
(d) the aesthetic gual_ity of the stand;,
(e) habitat value of the stand;
f such other characteristics as may be a lied in desi natin a
by the deAartment in accordance with the Specimen Tree definitio
"Toooina" means the removal of vertical leader _stems on all protected
trees.
"Tree" means any erect standing woody plant, together with its root system,
of a species which normally attains a minimum overall height at maturity of at
least 15 feet in the Clearwater muff4e? service area., and shat 1 include but not
limited to the following list of representative species:
Species native to Clearwater,
Native pines Pines--Pines spp.;
Native oaks Gaks--Quercus spp.;
Hickories ?E?--Carya spp.;
Bald and pond cypresses---Taxodium spp.;
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1!
LAN
Southern red cedar--Juniperus silicicola;
Hollies--Ilex spp.;
Sweetbay--Magnolia virginiana;
Southern magnolia--Magnolia grandiflora;
Sweetgum--Liquidambar styraciflua;
Red maple--Acer rubrum;
Black cherry--Prunus serotina;
Carolina cherry laurel--Prunus caroliniana;
Persimmon--Diospyros virginiana;
Black gum--Nyssa sylvatica;
Loblolly bay--Gordonia lasianthus;
Red Mulberry--Mores rubra
Wax myrtle (bayberry --Myrica cerifera;
Willows--Salix spp.;
Red bay--Persea borbonia;
Elderberry--Sambucus simpsonii;
Saltbush--Baccharis spp.;
Cabbage (sabal) palm--Sabal palmetto.
Nonnative "introduced" species.
Pecan--Carya illinoensis;
Camphor--Cinnamommum camphora;
Citrus--Citrus spp.;
Eucalyptus--Eucalyptus spp.;
Australian pine--Casuarina spp.;
Norfolk Island pine--Araucaria excelsa;
Orchid trees--Bauhinia spp.;
Silk oak--Grevillea robusta;
Jacaranda--Jacaranda acutifo7ia;
Jerusalem thorn--Parkinsonia aculeata;
Ear tree--Enterolobium cyclocarpum;
Fig tree--Ficus spp.
Exempted species. The following are not considered to be trees for the purposes
of this chapter and therefore a permit is not required for their removal:
Punk (cajeput) tree--Melaleuca guinquenervia also known as Melaleuca
leucodendron;
Brazilian pepper--Schinus terebinthifolius;
All non-native (introduced) palms.
required to be replaced on a site per the forn
Sec. 52.03. Penalties a-1,- penalty.
umber of tree dia
Any person who shall violate any of the provisions of this chapter shall
be subject to the penalties and enforcement proceedings set forth in e4 Section
1.12. In any prosecution under this chapter each individual tree or mangrove so
removed, damaged or destroyed will constitute a separate offense.
5
Sec. 52.04. Civil remedy available.
(1) In addition to the eFiminal penalties provided in Section 1.12, any
person who violates any provision of this chapter shall forfeit and pay to the
city a civil penalty equal to the total value of those trees or mangroves
illegally removed or damaged as computed by the International Society of
Arboriculture shade tree value formula. Such sum shall accrue to the city and
may be recovered in a civil action brought by the city. Such sum so collected
shall be placed in a fund for the tree bank or eity street tree pregram, and shall
be expended for the purchase of trees or mangroves for replacement in public
properties within the city. Replacement of illegally removed trees or mangroves
may be required as restoration in lieu of money. This replacement will be
computed on an inch-for-inch basis according to the total inches of diameter
measured .,+ 0BH _;_.,_ nehes of all illegally removed trees. A combination of money
and tree or mangrove replacement may be required.
(2) No person shall remove, cut down, damage, poison or in any other
manner destroy or cause to be damaged or destroyed any tree or mangrove in
violation of this chapter. In the event of any such violation, or imminent
threat thereof, the city manager, in addition to any other remedies provided by
law, may institute a suit for injunction to prevent or terminate such violation.
Sec. 52.05. County ordinance inapplicable.
The area included within the corporate limits of the city is deleted from
the provisions of Pinellas County Ordinance No. 76-16,_ en+W.d
and said ordinance shall have no effect within the city.
Sec. 52.06. Prohibited acts.
(11) It shall be unlawful to remove (as defined herein) , cut down, damage,
poison or in any other manner destroy or cause to be destroyed any trees or
mangroves covered by the terms of this chapter, except in accordance with the
provisions of this chapter.
O r f} Z'?7'16',- p`Ye y i d ii n g fo'r'?anL' f f e e t i Y e date"
s
e •
o person shal
trees:
(b) Schinus terebinthifolius (Brazilian pepper tree).
(4) _No person shall permit a hazardous tree, as defined herein, to
na on anv property within this city.
A
¦
(6) If after the service of the notice provided herein, and following any
requested hearinrovided for herein it is determined that a violation does in
fact exist, the property owner shall thereafter have 15 days in which to remove
the trees, or the director shall have the trees removed and charge the costs of
removal thereof to the-property owner.
(7) It shall be unlawful for tree services who are employed, contracted
or paid to perform tree work to leave tree debris such as tree branches or trunk
sections by the curb for pickup by the Solid Waste Division of the City. Such
debris shall be hauled off-site and disposed of legally or used b the property
owner for mulch or firewood or other domestic use.
(8) it shall be unlawful for-any person to alter or remove any mangrove
except in compliance with the requirements of Chapter 17-321, Florida
Administrative Code, relating to mangrove protection, the provisions of which are
incorporated herein by reference and adopted as a local ordinance as if set forth
herein in full.
Sec. 52.07. Emergencies.
In case of emergencies involving natural disasters such as but not limited
to hurricane, windstorm, flood, freeze or other natural disasters, the
requirements of this chapter may be waived by the city manager.
Sec. 52.08. Protective barrier requirements and. protection during
construction activities.
(1) A protective barrier shall be placed around all protected trees prior
to land preparation or construction activities according to the following:
7
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.1
(a) At or greater than the full dripline of all
species of mangroves and sabal palm& trees;
(b) At or greater than the full dripline of all protected nativerpine
trees and other conifer tree species;
(c) At or greater than two-thirds of the dripline of all other protected
species;
(d) At or greater than the full dripline of trees within a specimen tree
stand.
within the barriers shall remain throughout construction. Exotic plant species
may be removed orovidina written consent is obtained from the director. Plant
oois or
vea ov ine airecior.
4-3 Prior to the erection of an re uired protective barrier all
reion material. trash or debris shall be removed from the area to be
enciosea nv the parrier, and alter erection of the barrier no such material or
litter shall be permitted to remain within the protected area. No equipment,
chemicals, soil deposits or construction materials shall be placed within such
protective barriers.
(5) Large areas on a development site, where land preparation and
construction activities will not occurs or where heavy machinery will not
venture, shall not require protective barriers as otherwise required by
subsection-C11-of-this section. Such areas shall be delineated at the point of
interface. using a woven fabric ribbon or other materials approved by the
director. Approved materials shall be attached to 2" x 2" upright posts.
Unrioht Dosts shall be made of wood or other suitable material aporoved by the
fifty (50) feet apart. No ropes or ribbons shall be attached to any protected
tree. The director shall make the final determination as to the location of the
protective barrier.
8
(31 +24 Whenever a protective barrier is required pursuant to this
chapter, it shall remain in place until all construction activity is terminated.
The area within the barrier limits shall remain undisturbed by anv activity
FA
(6) Signs, building permits, wires or other attachments of any kind shall
not be permitted to be attached to any protected tree. Guy wires designed to
protect trees are excluded from this prohibition.
ino
except to the extent permitted by this section. The practice of t
may cause the formation of hazardous branches, may promote_decay_in
cracks and cavities in major stems, and may also starve roots, allowi
to invade and infect a tree's root system,-ieading_to decline and
tree. - - -
(4)Ren trees must be topped,_ such as in instances wheRen trees must be topped,_ such as_ in _instanc_es whe
interference with overhead wires or nearby _structures, a _ tree. rei
9
t
Sec. 52.09. Proper tree care; prohibited tree Pruning.
i
i
.l
'
1?
(a ) The guant i ty and _ diameter of vertical stems pruned;_
b Typical crown characteristics of the affected tree s ecies•
c Aerial hoto ra hs or other recent photographs that would indicate the
trees appearance prior to pruning,
I dl Testimonials from eve witnesses as to the tree's former appearance;
(e) Remains of foliage debris on the site.
1b1_ Based on the above information, the department shall prepare a written
report citing all evidence used to support the department's claim of violation.
The.violation shall be treated as an illeaal tree removal and processed
Sec. 52.10. Tree Service Companies.
(1) Persons performing the services of tree runin tree
other related services in the field of arboriculture within the C
required to obtain the appropriate occupational license from I
oviaeo in
e
ertorm or
t
:o -rov 1_ae -tree re_i atea ser
:cordance with the standards
ents of this chapter. A vic
a
t fort
tion o
the reguire_ments of this chapter by the holder of an occupational license shall
be rounds for the suspension or revocation of.,the occupational license in the the
manner provided in Article II of Chapter 29.
ARTICLE II. REMOVAL
Sec. 52.31. Permit--Required.
(1) on any real property located within the limits of the city., it shall
be unlawful for any person to remove or cause to be removed any tree having a
diameter at breast height (0BH) of four inches or greater without first having
procured a permit as provided in this article.
(2) On any real property located within the limits of the city having
mangroves located thereon, it shall be unlawful for any person to remove or cause
10
to be removed any mangrove, regardless of size, without first having procured a
permit as provided in this article.
Sec. 52.32. Same-Application.
444 Any person who is required by -this chapter to obtain des4r-4nq a
permit to remove a tree or mangrove shall make
written application to the director of plans4ng and urban deyelopment on
application forms ton be provided Q by the department of plann4aa and urban
deyeopment, The application, when completed
and signed by the party to be held responsible for the proposed tree removals,
shall be returned to the department with a tree removal filing fee for each
proposed removal as such fee is a& established by the city commission and set
out in appendix A to this Code for eaeh tree proposed fee removal. In addition,
the director 4 planning ?nd urban ay require the applicant to
submit any or all of the following additional documentation:
M 4-4 A site plan showing the location of all trees and mangroves bar size
and species, distinguishing the tree or trees proposed to be removed, the scaled
location of proposed tree barricades, existing and proposed structures, walks,
driveways, and parking areas and other improvements. The site plan shall specify
the method to be utilized to preserve all remaining trees including their root
systems, and the means of providing water and nutrients to such root systems.
444 A site plan showing the proposed plan of development of the tract,
showing all existing trees and mangroves by size and species and those proposed
to be removed.
A lap re ared b a certified arborist consulting arborist or
r
t in the fiel
it all protE
truction is
o ne use
M -?4 A topographical survey of the property 4-a*d, if the change in
elevation of the grade -!eye! is greater than five feet or if the property is one
acre or more in area.
.C11 -(14 Where mangroves exist on the property tra^} , an aerial
photograph at a scale not smaller than one inch equals 50 feet may be required
r
(G)
51 When a permit to remove mangroves is requested, the application shall
be accom anied b roof that a permit for the alteration of mangroves has been
obtained from the Florida Department of Environmental protection or from an
agency having-authority to implement Chapter-17-321, Florida Administrative Code
relating to mangrove-Protection, or in accordance with a wetland resource permit
or other permit issued b the State of Florida which authorizes the alteration,
removal or destruction of mangroves on the property.-
(6) Such other documentation as the director shall require.
11
Sec, 52.33. Same--Criteria for issuance.
(1) in determining whether or not a permit required by this article should
be issued, the director e4ty-manage*- shall consider the purpose and benefits of
this ordinance and the following facts
(a) The condition of the tree or man -& with respect to disease, insect
attack, danger of falling, proximity to existing or proposed structures and
interference with utility services.
(b) The necessity of removing a tree age- to construct proposed
improvements in order to allow reasonable economic use of the property.
(c) The relief of the land where the tree or mangrove is located and the
effect removal of the same would have on erosion, soil moisture retention,
diversion, increased or decreased flow of surface waters, and coordination with
a city master drainage plan or similar plans adopted by the city commission.
(d) The number and density of trees '' ma^ eye existing in the
neighborhood on improved or unimproved property. The director -e4ty manager- shall
also be guided by the effect removal of a tree -er-mangreye would have on }property
values in the neighborhood where the applicant's property is located and on other
existing vegetation in the neighborhood.
(e) Whether the tree has been designated an historic or specimen tree.
(f) The impact upon the urban and natural environment, including:
1. Ground and surface water stabilization. Whether the removal of
trees or mangre-e-i will substantially and adversely alter the water table
regarding water assimilation by vegetation, transpiration, and
the interception of solar radiation as it affects the evaporation potential of
associated soils and bodies of water.
2. Water quality and aquifer recharge. Whether the removal of trees
°s will significantly greatly lessen the ability for the natural
assimilation of nutrients, chemical pollutants, heavy metals and other noxious
substances from ground and surface waters during the infiltration, percolation
and other movements of such waters toward an aquifer or natural stream.
3. Ecological impacts. Whether the removal of trees or mangre
will have an adverse impact upon existing biological and ecological systems, and
microclimatic conditions which directly affect these systems, or whether such
removals will create conditions which may adversely affect the dynamic
equilibrium of associated systems.
4. Noise pollution. Whether the removal of trees or-ff?angrayes will
significantly increase ambient or point source noise levels to the degree that
12
t";A
a public nuisance is anticipated to occur or that a violation of the county or
city noise control ordinance is anticipated to occur.
5. Air movement. Whether the removal of trees er ma eyes1will
significantly reduce the ability of the existing vegetation to reduce wind
velocities to the degree that a nuisance is anticipated to occur.
6. Air quality. Whether the removal of trees will
significantly affect the natural cleansing of the atmosphere by vegetation
through particulate matter interception, the reduction men of noxious and
poisonous gases or the net production of oxygen released to the atmosphere as ar
?wCt e?1hetesynthesi.r..
7. Wildlife habitat. Whether the removal of trees or- fflangreve& will
significantly reduce available habitat for wildlife existence and reproduction,,
or result in the emigration of wildlife from adjacent or associated ecosystems.
(g)• The ease with which the applicant can alter or revise the proposed
development or improvement to accommodate existing mangreye trees, including
the tree or trees ormangroves of which removal is proposed to-beme*e4.
(h) The economic hardship which would be imposed upon the applicant should
the permit not be granted.
i) The number of previously permitted tree removals on the site.
In considering an application for a tree removal permit to re
an roves the director shall consider whether the applicant has obtained
he Florida Department of Environmental Protection a permit for the alters
f mangroves or other appropriate permit-as required by Florida law, and s
onsider whether the-applicant is in compliance with the re uirements of Flo
aw including, but not necessarily limited to the requirements set fort
hapter 17-321. Florida Administrative Code. aaolicable to the oronosed wo
'(2) The director city shall issue the removal permit unless, upon
consideration of the criteria set forth in subsection (1) of this section, the
director 1e finds any of the following will result:
(a) The applicant will not be unreasonably affected by -ice shifting the
location of the structure, building or improvement which the applicant k- wishes
to construct on the site, if the_whieh shift will maintain the existence of the
subject trees or mangroves and still permit construction of such building or
improvement on the site;
(b) The applicant will not be unreasonably affected in modifying the
design of a structure, building or other improvement which the applicant die
wishes to construct on the site, if the w44-& modification will maintain the
existence of the trees or mangroves proposed to be removed and still permit
construction of a substantially similar building on the sate;
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(c) That the removal of the subject trees or mangroves will have a
substantial adverse impact on the urban and natural environment -by itself or in
conjunction with the 'amt or proposed tree removals.
(3) If the director esky maim denies a request for a t-he removal
permit, the director. be shall set forth in writing the Msspeei reasons for
such denial in writing.
Sec. 52.34. Same--Appeal from denial.
(1) Any applicant who is adversely affected by a decision of the director,
r-i*y wwage* in the application or interpretation of any of the provisions of
this article may appeal the decision of the director to the Development Code
Adjustment Board. The appeal shall be taken by fiIing.,,rwithin ten (10) days from
the announcement of the adverse decision, a written notice thereof with the city
clerk, with a copy thereof to be filed with the director city , w4th4n ten
(19) days from the anneuneement of the dee4s4ef+. The notice shall recite the
reasons why the appeal is being taken.
(2) Each appeal shall be accompanied by a fee as set out in appendix A to
this Code. The board shall have the power to hear all such appeals, and for that
purpose shall adopt preeedura rules for the conduct of such hearings. _These
rules whie# shall uniformly apply to all such appeals and shall provide that both
the appellant and appellee shall have the right to:
(a) Offer and examine witnesses and present evidence in support of their
respective cases; and
(b) Cross examine witnesses and offer evidence to refute evidence offered
in opposition.
(3) Following the hearing of such appeal, the board shall cause its
decision to be reduced to writing and such decision shall contain the findings
of facts based upon evidence produced at the hearing.
(4) Any applicant who is adversely affected by a decision of the
Development Code Adjustment Board may further appeal that decision to the zoning
hearing officer pursuant to section 36.065 3r964.
Sec. 52.35. Same--Term, expiration.
4
Any permit issued by the city pursuant to the requirements of this article
shall expire if the work authorized by the permit is not completed started within
six months of the date the permit is issued. The holder of such an expired permit
may apply for re-issuance of the permit within 30 days of such expiration and
the director may cause the permit-to be re-issued waiving the tee_ tneretor.
Alternativelv. aoolication for a new permit shall be made.
Sec. 52.36.
verification.
"No tree" verification; "no tree removal permit required"
14
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(1) If there are no protected trees on a site proposed for construction,
an applicant for a building permit shall submit a "no tree" verification
statement.
(2) If protected trees exist on a site proposed for construction but are
not required to be removed for construction purposes, an applicant for a building
permit shall submit a "no tree removal permit required" verification statement.
(c) The building director shall °dtn have on file either- a copy
of a tree removal permit er a n led "no tree" verification statement, or a
netar--' d "no tree removal permit required" verification statement before issuing
any building permit permits, land use permit, or certificate eert4f4ea
of occupancy.
Sec. 52.37. Relocation by city or county.
f?
(1) The applicant for a tree or mangrove removal permit may authorize the
city to enter upon the property and remove a tree or mangrove at the city's
expense prior to the owner's proposed removal, if in the opinion of the director,,
of planning and urban deyelepiflent such tree or mangrove is of sufficient value
to warrant relocation by the city. The director, in deciding whether to acce t
or reject such a donation, shall consider the T-I+e tree or mangrove's physical
condition, health or other circumstances, such as potential damage to utility
lines, that may be anticipated to occur during such relocation as well as the
city's needs for the proposed donation w411 e-eensidored-= the deeisien
eraep ' or - re eet _ sueh _a_ dena?_,:,?- - Such donated trees or mangroves will be
utilized for landscaping on public lands or as otherwise determined b- the
director .
allowed to proceed as provided in the permit.
(2) Where the applicant #er a-er-m4 has authorized the city to enter upon
the applicant's 444 property and remove a tree or mangrove, the city shall have
the option to relocate the tree or mangrove, at the city's expense, to publicly
owned property. If the city does not elect to relocate such tree or mangrove,
it may give the county the right to acquire such tree or mangrove at the county's
expense, for relocation on other public land within the county. The relocation,
either by the city or the county, shall be accomplished in 15 working days of the
issuance of the permit to the owner. Should the city or county fail to remove the
tree or mangrove within the 15 working-day period, the permit holder shall be
Sec. 52.38. Relocation or replacement requirements.
(1) New construction minimums.
(a) Residential single family and duplex lots covering one-half acre. or
less. For all single-family and duplex lots having an area of one-half acre or
less, the -a minimum replacement trees re u i red will be eumber of rep4ee?
trees "based on the following age areas shown in the
table below. Any removal of trees will require the minimum number of tree
replacements indicated in the chart below that up to this fliiniffiu --mber are
e aced. However, in -1* no instance shall the number of required replacement
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the tree removal_ permit or... the number of trees removed, whichever is
TREE REPLACEMENT REQUIREMENTS FOR
RESIDENTIAL ZONES
Lot size Minimum
Square Footage Replacements
3,500 - 6,000 2
6,001 - 7,500 3
7,501 - 10,000 4
10,001 - 16,000 6
Over- 16,000 _ 21,780 12 &
On properties over 21_,_780 square__ feet in area done-half ac
requirements of paragraph (b), below, shall apply,
(b) Tree removal and replacement standards are governed
measurements of existing and replacement trees, rather than actual tr+
Owners of properties zoned for uses other than single family o
properties, and residential properties over one-half acre, shall be a
remove 25 percent of the DBH of the trees existing on the property
construction with no requirements for tree replacements; however, thi
allowance may be used only one time on any particular site. When level
a site necessitates the removal of more than 25 percent of the DB
existing protected trees on the property, tree replacement requirement
site will be based on the following formula;
TRF = 0.75 x EDBH - RDBH. This formula is based on a conversi
number of existing trees to the total DBH existing on a_property.
EXAMPLE:
133 trees exist on a ro ert 1 000 diameter inches is the
the existing trees, (EDBH = 1,000 700 diameter inches will t
development; 300 diameter inches of the trees will remain on the p
development is complete; (RDBH = 300).
TRF = (.75 x 1000) - 300.
750 300 450 -`-
TRF = 450 (DBH
sati
s s VIe
by DBH
e count.
duplex
]owed to
prior to
removal
pment at
of the
for the
n of the
1 DBH of
16
a
EXAMPLE: The fee for a deficit of 10 diameter inches would be 10" x 84 2"
5" x $84 = $420.
,
,
(2) Credit toward meeting tree replacement requirements. Any trees
determined b the director to have been left in -• good and healthy growing
condition as determined by the ireeteT -0T-p nn4sg and-dceyelopment shall be
counted toward meeting the minimum replacement requirements of subsections (1)(a)
and (b) as preyided in this .
(a) Residential single family or duplex lots of one-half acre: or less.
1. Existing trees four inches to ten inches•DBli will each count as
one tree toward meeting the minimum replacement requirements of subsection (1)Lal
of this section.
2. Existing trees greater than ten inches DBE! to 20 inches DBH will
each count as two trees toward meeting the minimum replacement requirements in
„subsection (1)Jaj of this section.
3. Existing trees greater than 20 inches will each count as four
trees toward meeting the minimum replacement requirements in subsection (1)Lal
of this section,
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Le) 44-4 Location and design. The specific locations and design of
reouired replacement- trees regu red to be repl Eed shall must be in accordance
with proper urban forestry practices and as approved by the director of planniRg
and urban developmeet.
(b) At the discretion of the
director, credit toward meeting the tree realacement requirements of this section
may also be granted for trees TFeery planted in compliance with the requirements
of Section 42.27 of the-City's land Develo meat Code controlling multi-family
and non-residential development
rega
r--ng the landscaping of vehicle parking
areas associated with new development projects may also be eredited towards.
ffleet4ng the tree replaeement requirements of this .
(3) Conditions and specifications.
(a) Characteristics. The replacement trees shall have at least equal
shade potential, screening properties and other characteristics comparable to
those of the trees for which a removal request has been submitted Fequested t
be remeye4.
(b) Size. Replacement of- trees shall meet _a size _requirement providing
for i5 to be made eeord iAg to a standard of one-inch DBH total replacement for
each one-inch DBH removed, unless otherwise agreed upon by both the director ?4 it
and the applicant, or as provided in subsection (1) of this
section. Any number of trees may be utilized to meet the inch-for-inch
requirement, provided that acceptable spacings and design are maintained.
(c) Species. The city may require that the The species of the replacement
trees may he required be the same as those for which removal is being
requested being requested f-. •• ? 1 -f rem natura4 e..c?, anmen t , or may
require such replacement trees he equir to be of a species native to the West
Central Florida area. Exotic,- "naturalized" trees or palms may be used to meet
replacement requirements only with threugb the consent of the director c4-t-y
enforEement e;fiei . A list of species which meet these requirements is,
available from the department
management effiGe.
rv ? ants
are often critical to the survival of a tree that is to remain after development.
Therefore, to promote the survival of protected trees after construction, the
director may reduce _the_total tree replacement requirements up to 25 percent if
native understor vegetation is allowed to remain within allotted green areas
around the subject trees. The director may allow such reduction only upon a
determination that the_understory vegetation are valuable native plants that are
desirable in an urban environment, and will significantly enhance the subject
trees' chance of survival.- Native vegetation utilized to meet tree replacement
requirement's will be noted- on an approved site plan by size, species and total
area covered. In addition. the native olant material will be maintained in a
healthv arowi
irector. should then decline.
(e) ?4+ Minimum standards. At the time of planting, all A44 replacement
trees must have a minimum overall height of eight feet at the--t' time ofplant *g
and a minimum trunk diameter of two inches measured six inches above grade level
and a . All such trees shall be of Florida Department of Agriculture Nursery
Grade Standard (quality) No. 1 or better.
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M {-e-} Waivers of replacement trees' specifications. The director ?q?
enfereement 944e4 may waive the characteristics species, size or minimum
standards specifications if the applicant can demonstrate that the current market
conditions are such that replacement trees meeting these specifications are not
readily available. Substitute trees allowed under this waiver section must have
the approval of the director of planning and urban .
(4) Establishment of trees. Any and all trees replaced or relocated in
compliance with PUPSUaR1:-te this section must be in a healthy, living condition
with4n one year after of- the date of planting. Replacements that have not become
established, have declined to an unhealthy condition to such a degree that
survival is not probable, or have died, r-ed must be replaced with a healthy
specimen pursuant --zv the requirements in subsection (3) of this section. Such
replacements must continue until a tree is established at the approved location,-
or if repeated failures or other factors indicate that the s ecified location is
unsuitable, -at a location _approved by the director. Reports of replacement
Mme trees not in compliance with the establishment provisions of this
subsection shall be referred to the municipal code enforcement boar ,
(5) Compliance with section. Failure to comply with the provisions of this
section may w4-4 result in ?& withholding by the building official of a
certificate of occupancy by the building 444al for structures located on the
subject property until compliance is achieved.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING AS AMENDED August 5, 1993 _
PASSED ON SECOND AND FINAL READING
AND ADOPTED
ita Garvey
Mayor-Commissioner
August 19, 1993
Attest:
Cyn is E. Gouduau
Cit Clerk
Approved as to form and correctness:
01
M. A. Galbrai J .
City Attorney
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