The purpose of this chapter is to support the city's designation as a tree city by regulating the removal of natural vegetation and the changing of natural grades and drainage on developed and undeveloped property within the city and to identify protective measures applicable to vegetation and soils to be implemented prior to construction and after the development of a property. This chapter addresses the protection of existing trees of specified size (caliper) and established when replacement or mitigation of existing trees is required when retention cannot be accomplished.

(Ord. No. 2013-529, § 5, 7-24-13)

(a)

Any person desiring to remove existing trees and shrubs, vegetation, or change or modify the grade of any land not exempt pursuant to Section 17-221 shall file an application with the city. Such application shall set forth in detail the extent of the change or modification of grade or the extent of the tree and/or vegetation removal for which the permit is desired.

(b)

Applicability.

(1)

A Level I permit shall be required for the removal of trees greater than four inch DBH and vegetation on any land that is not exempt pursuant to Section 17-221. A Level I permit is required for the removal of dead or diseased trees. A Level I permit associated with the division of residential land by plat subsequent to July 1, 2013 may impose restrictions on the removal of trees within single-family lots proposed to be platted in order to insure adequate tree canopy after development; such requirements shall apply at the time of subsequent development of the applicable single-family lot as a condition of the individual building permit.

(2)

A Level II permit shall be required to manage the replacement of trees required to be planted pursuant to Section 17-53 (1).

The minimum size of the trees installed as replacement under a Level II permit shall be the size of the tree to be replaced unless the tree to be replaced is greater than four inch DBH in which case the replacement tree shall be a minimum of three inch caliper at the time of planting with multiple replacement trees at this size provided to meet the one for one inch replacement requirement. Fractions shall be rounded up to the whole number.

(3)

A Level I permit shall be required after the fact for the emergency removal of trees that would otherwise be subject to permit for removal when health and safety are imminently threatened. The emergency removal of individual trees pursuant to this section shall be documented by photograph and notice provided to the city within ten days of the removal. The notice shall indicate the emergency situation that existed. The Level II permit application shall be filed within 30 days of the emergency removal.

The administrator shall forward notices of emergency removal to the council when the notice is not accompanied by the opinion of a certified arborist that the removal was required as an emergency action. Unless supported by the opinion of a certified arborist, the council may determine that the exemption did not apply to the removal and conclude, based on evidence presented, that the removal was a violation of the terms of Article XX and is subject to the requirement for a restoration plan as provided in Section 17-226.

(c)

No permit shall be issued for the removal of any trees over eight inch DBH, or any vegetation other than underbrushing and hand clearing without an approved development plan. When an approved development plan, including a preliminary plat, is required pursuant to this section, the submittal of the environmental permit shall occur concurrent with the submittal of development plans for initial review to the city. The city shall review said applications in concert and shall consider the approval of the development plan and environmental permit at the same L.P.A. hearing.

(d)

The applicant for an environmental permit shall submit to the city a tree survey of the property that is the subject of the permit. Tree sizes and species shall be noted. Surveys shall depict trees over 4 inch DBH and shall be prepared by a professional land surveyor. Areas to be preserved without a change in grade may be depicted on the survey without depicting individual trees otherwise required to be shown.

(e)

Permitted removal of trees pursuant to an approved environmental permit shall require mitigation based on the standards established in this section.

(1)

Size. The minimum size of shade trees utilized to meet mitigation requirements shall be three inch DBH at the time of installation. The minimum DBH at installation for an understory tree shall be two inch DBH. The maximum DBH of a replacement tree shall be four inches unless otherwise approved by the city.

(2)

Application toward landscape requirements. Trees planted on site to meet mitigation requirements shall count toward applicable landscape requirements on a one for one basis provided the location of the mitigation tree planted meets the landscape requirements. Preserved trees shall count toward applicable landscape requirements on a one and one half for one basis provided the location of the preserved tree generally meets the landscape requirements, the tree is not a nuisance species and is in good health and further provided that the applicable preservation criteria are met during construction. In the calculation of credits, fractions shall be rounded to the nearest whole number.

(3)

Off-site mitigation. Mitigation off-site, when approved, may comprise a maximum of 50 percent of the number of trees required to meet the required mitigation. Off site mitigation shall meet the requirements of the applicable permit (size and type of mitigation otherwise required on-site). Off-site mitigation may be proposed by an applicant for an environmental permit and if approved, shall be a condition of the environmental permit issued by the city. The cap on the percentage of off site mitigation permitted in this subsection may be increased under an individual permit approval by the planning and zoning board.

Subject to acceptance of the proposed mitigation by the city, off site mitigation may consist of 1) the planting of trees by a licensed landscape installation firm within public property and rights of way; 2) payment of all costs associated with the purchase and installation of the required trees applicable at the time of installation and evidenced by the submittal of two bids to the city. Payment made pursuant to subsection 2) shall be due at the time the environmental permit is issued and deposited in the City Streetscape Fund for use within 24 months to purchase and install trees along public rights of way or on public property.

(4)

Mitigation requirements. Mitigation for the removal of trees shall be one tree planted for each tree removed.

(5)

The standards for mitigation are established as follows:

Level I Permit Mitigation Standard

Level II Permit Mitigation Standard

(f)

The permit-issuing authority shall review all Level I applications to consider the following:

(1)

The drainage of the area.

(2)

Soil erosion potential of the modification and the measures proposed for reducing soil erosion.

(3)

Stormwater runoff generated as a result of the modification.

(4)

Sanitary sewer problems.

(5)

The effect on abutting properties and future land development.

(6)

The size, location and species of trees or other vegetation.

(7)

The need for state or other jurisdictional permits.

(g)

The issuance of a conditional use permit and construction permit for a subdivision shall be contingent upon approval of an environmental Level I permit for the clearing and grading necessitated by the installation of the approved public improvements and any easements or building pad areas indicated on the plan prior to said clearing and grading.

(Ord. No. 2013-529, § 6, 7-24-13)

(a)

The following activities are exempt from the provisions of this article.

(1)

Top dressing of lawns.

(2)

Removal of trees on lots zoned for one and two family dwellings that are less than ten acres in size on July 1, 2013.

(3)

Removal of invasive plant species included in the most current list of invasive plant species maintained by the Florida Exotic Pest Plant Council.

(Ord. No. 2013-529, § 7, 7-24-13)

The following tree preservation measures shall be employed in the city. Each property that is subject to the requirement for a Level I environmental permit shall be inspected prior to the commencement of clearing, construction or activities that would disturb the grade of the property to determine that the required procedures and tree protection measures have been implemented. Required tree barricades shall be constructed prior to the inspection and shall be approved by the city. Compliance with tree preservation requirements in the approved Level II permit shall be monitored during construction; final inspection for compliance shall occur prior to the issuance of any final development order or if no final development order is associated with the work, within ten days of completion of the approved tree removal/ tree preservation.

(1)

Clearing procedures.

a.

The owner or developer shall be responsible for insuring that all possible measures are taken during the clearing process to avoid damage to trees and vegetation designated to remain after clearing has been completed. This shall include the use of hand labor rather than large machinery as described below to protect trees to be preserved.

b.

All felled material shall be promptly and carefully removed from the site in order to avoid potential damage to remaining trees and vegetation and the harboring of insects and rodents.

c.

The use of equipment to clear the site shall be limited to areas outside the required protective barriers. Hand clearing within the barriers shall be permitted. No vehicle parking, materials storage or dumping shall be permitted within the protective barrier areas.

d.

If the city determines that the roots of trees to be removed by clearing may be intermingled with roots of the trees to remain it may require a two foot deep trench to be cut at the outermost practical point but at no time closer than one foot from the trunk of the tree to be preserved for each inch of DBH of said tree. Equipment used for trenching must be capable of making clean cuts, as opposed to tearing the roots. If utilized, trenches shall be backfilled within 2 calendar days of their creation with loose soil from the site and mulched to encourage new root development for the trees to remain.

(2)

Protective barricades.

a.

Protective barricades shall be constructed prior to clearing around all trees and vegetation designated to remain. The barricades shall be located at the drip line of the trees or vegetation and shall be approximately three to four feet in height. The barricade shall be rigid and sturdy enough to survive the construction period, however any suitable new or scrap material may be used in its construction. Barricades shall be maintained during all periods when construction equipment is employed on the site; the city may approve removal of barricades prior to final inspection. For large developments, wooded areas may be tagged or similarly designated instead of barricaded. The removal of trees on platted single-family lots may occur without the erection of barricades, unless otherwise required in the environmental permit.

b.

Absolutely no fill, building materials, trash or other objects shall be placed inside these barriers. If fill is deposited adjacent to these areas, a suitable temporary or permanent retaining structure shall be constructed to prevent siltation of the barricaded area.

(c)

Construction of tree wells. Tree wells of an approved design shall be constructed around all trees where over four inches of fill is proposed within the dripline area. Design shall generally be as specified in Tree Protection Manual for Builders and Developers; published by the Florida Department of Agriculture and Consumer Services, Division of Forestry, latest edition. Specific details shall be approved by the administrator and where the city deems appropriate, in consultation with the county forester.

(d)

Use of alternative surfaces in the traffic areas. Generally, where traffic areas are proposed at or near natural grade, alternative pervious surfaces such as turf block may be used in conjunction with stone or gravel. Specific details shall be approved by the city and where the city deems appropriate, in consultation with the county forester.

(e)

Excavations.

(1)

Swaling and minor negative grade changes shall be designed to occur outside the dripline area. Negative changes in grade shall not be permitted within ten feet of the trunk of any tree to be retained; negative changes in grade within the dripline of a tree to remain shall only be permitted with the approval of the city. Any exposed roots shall be trimmed using equipment used capable of making clean cuts, as opposed to tearing the roots and covered within the same working day with an adequate cover of soil from the site. Piping for drainage shall be required where deep swales or ditches would require significant grade within the dripline of specimen trees. All piping installed within the dripline of a tree to remain shall be hand dug. The location of utilities (check valves, meters, etc. shall be located outside the drip line of trees to remain unless permitted by the city.

(2)

Trenching of any kind shall only occur within the dripline when authorized by the city. Where underground installations are required within the protective barricades, tunneling shall be used. In consultation with the applicable utility, the city may require utilities within the protective barrier to be located in a single trench.

(f)

Landscape material adjacent to protected trees.

(1)

Mulch shall be placed within the limits of all tree barricades to a depth of three inches within ten days of the initial inspection by the City for compliance with the approved environmental permit (before construction commences or equipment other than that utilized for clearing is located on site). Mulch may consist of clean, natural wood chips from the site or may be commercially purchased mulch free of non-natural materials.

(2)

The area within ten feet of the trunk of any protected tree shall be mulched at the conclusion of construction activities unless existing vegetation is retained. No sod, shrubs or groundcover shall be installed within ten feet of the trunk of any protected tree.

(g)

Pavement limited adjacent to protected trees.

(1)

Impervious pavement may not be located within ten feet of the trunk of a tree to remain.

(2)

No greater than 50 percent of the area within the dripline shall be impervious. Pervious (porous) pavement shall be installed as required to meet this requirement.

(3)

Extruded curb shall be installed within the dripline of a tree to remain; trenching for curbing within the dripline shall not be permitted.

(4)

Truck pavement shall be limited to an area no greater than 20 percent of the area within the dripline of a tree to remain and may not be located closer than ten feet to the trunk.

(Ord. No. 2013-529, § 8, 7-24-13)

The following soil conservation measures shall be taken on all construction sites as required:

(1)

During construction. The contractor shall follow standard practices or details specifically included in his environmental permit to prevent erosion and the depositing of soils on the construction site. These practices shall include the protection of bare soils from wind forces.

(2)

After construction. All disturbed areas shall be mulched, seeded, or sodded and shall be maintained as such. The removal or lack of maintenance of vegetation resulting in on-site and/or off-site erosion or windblown loss of soils shall be deemed a violation of this chapter.

The burying of rubbish, logs, lumber, building materials, underbrush, trash or other matter which would decompose or allow the land to thereafter settle is hereby determined to be a change or modification of the grade of land for which no permit shall be issued.

(a)

Any violation of the terms of this article involving the unauthorized removal of trees or vegetation shall be required to submit a Level II environmental permit within 30 days of receiving a citation from the code enforcement officer. Submittal of a Level II permit pursuant to this section shall be accompanied by the restoration plan required in Section 17-226.

(b)

No further city permits for the subject property or project shall be issued except as specifically authorized by the city council until such violations are corrected or a restoration plan has been approved pursuant to a Level II permit.

(Ord. No. 2013-529, § 9, 7-24-13)

(a)

When unauthorized removal of trees or vegetation has occurred, the owner or developer shall propose a restoration plan within 30 days after being cited for such violation. A restoration plan may be required to address mitigation for an excessive pruning violation. When approving a restoration plan, the city shall consider the following:

(1)

The cross-sectional area of trunk(s) removed or excessively pruned;

(2)

The specific aesthetic character of the material removed or excessively pruned;

(3)

Any special function the material carries out as a screen or buffer; and

(4)

The amount of other natural material preserved on the site, and the opportunities for planting additional materials.

A restoration plan for violations other than excessive pruning shall meet the mitigation requirements of a Level II permit and the standards contained in this section.

The implementation of each restoration plan shall be inspected by the city and the city may require any guarantee deemed necessary to insure maintenance and survival of the implemented restoration plan.

(b)

If a development plan is not associated with the unauthorized tree removal, the primary consideration of the restoration plan shall be to return the affected portion of the site to its natural condition, or if that is impossible, to counter balance the negative effects of the violation over the entire site to the greatest extent possible. In the circumstance where a development plan has been approved, development exists on the property or will be associated with the property (in the case where there is unauthorized removal prior to approval of submitted plans), the unauthorized removal of any tree shall cause the mitigation requirement to be increased two fold and the minimum size of trees planted as required mitigation within the property shall be four inch DBH.

(c)

When excessive pruning is cited and a restoration plan is required by the city to address the violation, the purpose of the restoration plan shall be to restore the character and quality of the natural or planted areas; restoration may include replacement of trees excessively pruned or the requirement to plant additional trees as mitigation on the property.

(Ord. No. 2013-529, § 10, 7-24-13)

Fines received under Section 17-53 shall be deposited in a City Streetscape Fund to purchase and install trees along public rights of way.

(Ord. No. 2013-529, § 11, 7-24-13)