It is the intent of this section to recognize that tree protection is crucial to enhancement of the environment and character of the city. Further, it is recognized that tree preservation is a preplanning activity which is best considered prior to development of engineering and/or architectural plans and prior to effecting alterations to trees and/or their growing environment. Furthermore, it is the intent of this section that its provisions apply to all public property and property within ten feet of public right of ways and property planned for development, including single-family dwellings constructed for sale.

(Ord. No. 2006-04, § 2, 5-2-2006)

Critical protection zone means that area surrounding a tree within a circle described by a radius of one foot for each inch of the tree's diameter at breast height.

Diameter at breast height (DBH) means the trunk diameter of a tree measured four and one-half feet above the average ground level at the base of the tree. Provided, however, if the tree forks four and one-half feet above ground level, it is measured below the swell resulting from the double stem.

(Ord. No. 2006-04, § 2, 5-2-2006)

Violation of the provisions of this article shall be subject to penalty as prescribed by state law.

(Ord. No. 2006-04, § 2, 5-2-2006)

It shall be considered unlawful to affix signs, drive nails, debark or otherwise mutilate trees on public property within the city.

(Ord. No. 2006-04, § 2, 5-2-2006)

Many problems associated with street trees can be attributed to incompatibility of species to the site conditions that prevail. No species other than those listed below shall be planted as street trees without approval of the city council.

Small Trees

Box Elder

Crape Myrtle

Dahoon Holly

Dogwood

Fringe Tree (Greybeard)

Goldenrain Tree

Japanese Magnolia

Redbud

Silverbell

Styrax

Tree Sparkleberry

Wax Myrtle

Wild Olive

Large Trees

Bald Cypress

Black Gum

Florida Maple

Ginkgo (male only)

Live Oak

Red Maple

Shumard Oak

Sourwood

Sugarberry (Hackberry)

Swamp Chestnut Oak

Tulip Poplar

White Oak

Willow Oak

(Ord. No. 2006-04, § 2, 5-2-2006)

Should the provisions of this article create an undue hardship, a request for variance shall describe in detail why a variance is sought and what alternative tree preservation measures will be employed. The city council shall render a decision on the request within 45 days of its submittal.

(Ord. No. 2006-04, § 2, 5-2-2006)

This section shall not apply to utility companies.

(Ord. No. 2006-04, § 2, 5-2-2006)

Periodic inspection and maintenance of trees is fundamental to development of a comprehensive community tree care program. Moreover, a regular schedule of tree inspection, fertilization and trimming minimize the development of tree hazards while promoting their health and appearance. A comprehensive tree care plan will be developed by the city council, or its designee, and reviewed annually to ensure trees are maintained in a safe condition for the enjoyment of the public.

(Ord. No. 2006-04, § 2, 5-2-2006)

The live oak (Quercus virginiana) shall be the official shade tree of the city.

(Ord. No. 2006-04, § 2, 5-2-2006)

The following trees are protected and shall not be removed, impacted or damaged without receiving an approved permit complying with the requirements of the chapter:

(1)

Trees within ten feet of any public right-of-way.

(2)

Prior to development, during development and post-development:

a.

Any tree of 15 inches DBH or greater;

b.

Any tree eight inches DBH or greater which is located in the lot perimeter zone of development site except for sites being developed for detached single-family dwellings and two family units. The lot perimeter zone is the building set back or 20 feet, whichever is less;

c.

Any tree in a jurisdictional wetland, as defined by the Florida Department of Environmental Protection;

d.

Any tree planted to meet the replanting, reforestation, or landscaping requirements of this chapter;

e.

Any exceptional specimen trees, identified by the city designee or county forester.

(Ord. No. 2006-04, § 2, 5-2-2006)

(a)

Applicability. The following requirements shall apply to all new development and redevelopment in the city except as specified in subsection (b) below. Information required by this section shall be provided as part of the site review application.

(b)

Exemptions. Tree removal under one or more of the following circumstances shall not require a permit and replanting shall not be required:

(1)

Nursery trees. The removal of any tree planted and grown in the ordinary course of business of a lawful plant or tree nursery;

(2)

Emergency situation. The removal of any tree during or following an emergency or an act of nature, when the city designee determines that permitting requirements will hamper private or public work to restore order to the city;

(3)

Existing single-family dwelling lots. The removal of trees up to 24 inches diameter at breast height more than ten feet from any public right-of-way located on existing developed single-family residential lots.

(4)

Safety hazard. The removal of any tree which the city designee finds to be in such a dangerous condition or pose such an imminent hazard as to endanger the public health, welfare, or safety and therefore to require immediate removal;

(5)

Diseased or pest-infested trees. The removal of a diseased or pest-infested tree for the purpose of preventing the spread of the disease or pests, when determined to be necessary by the city designee;

(6)

Approved silvicultural activities. Tree removal, except for patriarch tree (live oak of 36" DBH or larger) necessary for a project which the city designee has determined is a bona fide agricultural use.

(7)

Noxious invasive trees. Upon verification by the city designee or county forester.

a.

Chinese Tallow.

b.

Mimosa.

c.

Tung Oil.

d.

Chinese Umbrella Tree.

e.

China Berry.

(8)

Trees listed in the "nuisance trees list" by the department of environmental protection.

(c)

Removal of protected trees. The preservation of protected trees shall be encouraged. An applicant shall be required to give priority to preserving the more enduring protected tree species, inclusive of current health, size and form. Protected trees may be removed only in accordance with the debit criteria set forth in this section. However, even if an applicant can demonstrate compliance with the debit criteria, final determination of whether a protected tree shall be permitted for removal shall be made by the city designee. The decision of the city designee shall be based on balancing the preservation of the more enduring tree species, inclusive of current health, size, and form and the ability to develop a site at the intensity or density permitted by the comprehensive plan and the implementing land development regulations. In cases where the applicant chooses to appeal the city designee's decision, the city council shall have the authority to conduct appeal hearings related to the decision of protected tree removal.

(1)

Criteria for protected tree removal. The city designee shall approve a permit for removal of a protected tree if the applicant demonstrates the presence of one or more of the following conditions:

a.

Good forestry practices. Necessity to reduce competition between trees or to remove exotic or noxious, or invasive species and replace them with native species.

b.

Reasonable and permissible use of property. Tree removal which is essential for reasonable and permissible use of property, or necessary for construction of essential improvements resulting from:

1.

Need for access immediately around the proposed structure for essential construction equipment, limited to a maximum width of 20 feet from the structure.

2.

Limited access to the building site essential for reasonable use of construction equipment.

3.

Essential grade changes. Essential grade changes are those changes needed to implement safety standards common to standard engineering or architectural practices, and reference to a text that includes such standards shall be included in the permit application.

4.

Location of driveways, buildings or other permanent improvements. Driveway aisles shall be consistent with other applicable standards.

5.

Compliance with other ordinances or codes. Necessity for compliance with other city or county codes, such as building, zoning, subdivision regulations, health provisions, and other environmental ordinances.

(d)

Reforestation requirements. All sites, except for individual lots being developed with one single-family, duplex, or triplex, shall provide, upon completion of development activities, a minimum number of trees equivalent to a ratio of 40 tree credits for each acre proposed for development; i.e., total tree preservation credits plus tree replanting credits shall be equal to or greater than 40 credits per acre proposed for development (see table inset below). If the total number of trees to be replanted exceeds that which may be reasonably planted on the development site, the applicant may enter into an agreement with the city, as approved by the city designee, to plant the excess trees on an approved public site or to provide the monetary equivalent to the city for use in public landscaping projects. This option can only be utilized if the minimum reforestation requirements cannot be met on site.

(e)

Tree protection requirements. It is the intent of this subsection to preserve the community's existing native tree canopy and vegetative understory. In order to maintain the integrity of existing trees, it is necessary to protect the root systems of individual trees that are contained within the critical protection zone from impacts associated with development activity. It is also the intent of this subsection to give priority to preserving the more enduring tree species, inclusive of current health, size and form. The following requirements shall apply:

(1)

Critical protection zone preservation. The critical protection zone of every protected tree not permitted for removal shall be protected from activities that may injure the tree, including, but not limited to, cut and fill activities, building pad placements, road bed construction, construction material storage, driving or parking heavy equipment, or trenching. If impact to the critical protection zone occurs, the tree shall be considered removed and shall require compensation in accordance with subsections (i) below.

(2)

Location of protected trees. All protected trees on-site and adjacent to the site, if the critical protection zone extends to within the project site, shall be physically located and depicted on the site plan submitted as part of the site review application.

(3)

Tree protection barriers. Tree protection barriers shall be installed at the perimeter of the critical protection zone of each protected tree prior to the initiation of development activity. The barriers shall remain in place and intact until such time as approved landscape operations begin; however, barriers may be removed temporarily to accommodate construction needs, provided that the manner and purpose for such temporary removal will not harm the tree and is approved in advance by the director. The following are minimum requirements for barrier types:

a.

Protective posts shall be placed so as to protect the critical protection zone for each tree not permitted for removal.

b.

Posts shall be of nominal two inches by four inches or larger wooden post, two inches outer diameter or larger pipe, or other post material of equivalent size; shall be strung with at least one one-inch by four-inch (1" x 4") wooden stringer; and shall be clearly flagged.

c.

Posts shall be implanted deep enough in the ground to be stable and to extend to a minimum height of four feet above ground.

d.

Where the city designee determines that individual protective barriers are not needed in some areas for tree protection, such areas shall instead be clearly staked and flagged with readily visible markers.

e.

Where development activity is permitted to occur within the critical protection zone of a protected tree, the city designee may allow the temporary removal of the perimeter tree protection barriers and shall require a protective girdling of at least the bottom four feet of the tree trunk base along with fencing or other approved techniques. Heavy mulch (which means a minimum of four inches) applied over the root zone within the critical protection zone shall be required. In heavy traffic areas, the critical protection zone shall be topped with plywood sheets (a minimum width of ½-inch) over the heavy mulch to distribute equipment weight. Additional mitigation measures as described in this section may be required.

(f)

Tree protection techniques.. Tree protection techniques found in the "Trees and Development, A Technical Guide to Preservation of Trees During Land Development," by Nelda Matheny and James R. Clark or equivalent techniques approved by the city designee, shall be used and shall be indicated in the environmental management permit application or site plan.

(g)

Tree mitigation techniques. It is the intent of this subsection to preserve mature trees and to promote tree safety. As an incentive to preserve existing trees, when the following arboricultural mitigation techniques are employed in their entirety, the city designee may defer the tree replacement requirements. No credit will be given and no debits will be charged for successfully mitigated trees. Additional mitigation techniques not specified below may be approved when supported with scientific documentation. The information shall be reviewed and approved by the city designee. The mitigation plan shall be prepared and applied and/or supervised by a landscape architect or certified arborist. If the mitigation is deemed completed by the city designee, the deferred tree replacement requirements shall be waived.

(h)

Credit for tree preservation. Credit may be given for the preservation of an existing tree provided that the following criteria are met:

(1)

The critical protection zone of each preserved tree shall be protected during development activities and maintained during and after development in a natural state, in a vegetative landscape material covering;

(2)

There shall be no impervious area or grade change within the critical protection zone of the tree. The critical protection zone is defined as that area surrounding a tree within a circle described by a radius of one foot for each inch of the tree's diameter at breast height;

(3)

The tree shall not be damaged from skinning, de-barking, bumping and the like;

(4)

There shall be no evidence of active disease or insect infestation potentially lethal to the tree;

(5)

Hand-clearing shall be required when necessary to remove debris, noxious or invasive vegetation;

(6)

Tree protection requirements of this chapter are fulfilled;

(i)

Tree debits and tree credits. Tree debits and credits are used to represent the taking or the preservation of an eight-inch diameter at breast height tree or larger. Debit for removed trees and credit for preserved trees shall be tabulated as follows:

Calculate the number of credits for trees preserved per acre. The size (DBH) shall correspond to the number of credits within the credit column, (see chart below). Tree trunk diameter measurements shall be rounded off to the nearest inch. (Note: trees listed by the Florida Exotic Pest Plant Council in the list of invasive species shall not be included in any tabulation of debits or credits.)

(Ord. No. 2006-04, § 2, 5-2-2006)