The purpose of this chapter is to establish protective regulations for trees and landscaped areas within the city. Such areas preserve the ecological balance of the environment, control erosion, sedimentation and stormwater runoff, provide shade and reduce heat and glare, abate noise pollution, and buffer incompatible land uses. The intent of this chapter is to encourage the preservation of existing trees. It is critical that a balance be maintained between developed areas and natural/landscaped areas with appropriate existing and/or newly planted trees and other vegetation. The intent is also to provide for the future of our citizens through maintaining vital vegetative species that will reproduce for future generations.

(Code 1986, § 12-6-1; Ord. No. 50-00, § 5, 10-26-2000; Ord. No. 31-09, § 1, 9-10-2009)

(a)

Zoning districts. The provisions of this chapter shall be applicable within the following zoning districts:

(1)

Residential districts.

a.

R-1AAAAA through R-1A districts.

b.

R-ZL (zero lot line dwelling district).

c.

R-2A and R-2B (multiple-family).

(2)

Mixed residential districts.

a.

R-2 (residential/office).

b.

R-NC (residential/neighborhood commercial).

(3)

Commercial districts.

a.

C-1 (local commercial).

b.

C-2 (general commercial).

c.

R-C (residential commercial).

d.

C-3 (general commercial and limited industry).

(4)

Industrial districts.

a.

M-1 (wholesale/light industry).

b.

M-2 (light industry).

(5)

Other districts. The provisions of this chapter shall also be used as guidelines in reviewing site plans in site specific zoning and development (SSD) amendment applications, airport transition zone (ATZ-1 and ATZ-2) districts and in applications for special planned developments.

(b)

Public institutional uses and churches. The provisions of this chapter shall be applicable to public institutional uses and churches. Public institutional uses and churches located in R-1AAAAA through R-1A zones shall not be exempt from the provisions of this chapter. In addition, these uses shall conform with the requirements of subsection 12-6-3(1) and all other sections of this title applicable to the R-ZL, R-2A, R-2B and R-2 zones.

(c)

Exemptions. All single-family and duplex uses are exempt from the provisions of this chapter, except as provided for in section 12-3-56 (buffer yards), subsection (d) (heritage trees), section 12-6-6(4) (new subdivisions) and section 12-6-7(5) (heritage tree removal mitigation). The C-2A downtown retail commercial district is exempt from the provisions of this chapter, except as provided for in subsections 12-6-6(1), (5), (6), and (7). All healthcare related uses of property owned or controlled by an entity which is licensed as an acute care hospital under F.S. ch. 395, owned or controlled by a parent company of an entity which is licensed as an acute care hospital under F.S. ch. 395 are exempt from the provisions of this chapter, except as provided for in section 12-6-3 and subsection 12-6-6(1), (3), (5), (6), and (7). In conjunction with the development of any such healthcare related use, a payment of $5,000.00 per acre of new developed impervious surface area shall be made to the tree planting trust fund. The designated clear zone areas around the Pensacola Regional Airport and any other area identified by the airport manager and approved by the city council as critical to aircraft operations shall be exempt from this chapter.

(d)

Heritage trees. A protected tree identified by species in Appendix A of this chapter which is four times the minimum diameter breast height (DBH) or greater. Heritage trees are protected in all the zoning districts listed in this section 12-6-2, and for all land uses and are considered natural resources. Removal, cutting or pruning of heritage trees on proposed development sites may be permitted upon approval of a landscape and tree protection plan (section 12-6-4). Removal, cutting or pruning of heritage trees on developed property may be authorized per section 12-6-7. A permit will be required for removal or pruning of a heritage tree in all zoning districts listed in this section 12-6-2, and for all land uses, including single-family or duplex as set out in section 12-6-7.

(e)

DBH. All tree measurements shall be taken at diameter breast height (DBH), which is the diameter of the tree at four and one-half feet (54 inches) above ground. If the tree has a bump or branch at four and one-half feet above ground then DBH shall be measured immediately below the bump or branch. If the tree is growing vertically on a slope, DBH shall be measured from the midpoint of the trunk along the slope. If the tree is leaning, DBH shall be measured from the midpoint of the lean. If the tree forks below or near DBH the tree shall be measured at the narrowest part of the main stem below the fork. If the tree splits into more than one trunk close to ground level, DBH shall be determined by measuring each of the trunks separately and then taking the square root of the sum of all squared stem DBHs.

(f)

City-designated arborist. All references to the city's designated arborist shall be construed to mean the mayor's designee who is charged with administering and enforcing the provisions contained within this chapter, who shall have successfully completed the International Society of Arboriculture (ISA)'s Tree Risk Assessment Qualification (TRAQ), which qualifies a tree professional to use a standardized, systematic process for assessing risks presented by trees.

(g)

Notwithstanding any other provision of this chapter, the mitigation cost to a residential property owner (single-family and duplex uses) where the property is already developed shall not exceed $1,000.00; provided, however, no mitigation cost shall be charged where statutorily prohibited. Mitigation costs for residential property owners on property being developed shall be assessed in accordance with section 12-6-6(2)e.

(h)

Prior to pruning or removal of any tree(s), any permit issued under this chapter must be posted promptly upon receipt, in the manner prescribed in section 12-6-4(4), in a conspicuous place on the property where the tree(s) is located.

(Code 1986, § 12-6-2; Ord. No. 50-00, § 5, 10-26-2000; Ord. No. 31-09, § 1, 9-10-2009; Ord. No. 31-09, § 1, 9-10-2009; Ord. No. 04-21, § 1, 2-25-2021)

The following landscaping requirements apply to all types of land uses and zoning districts listed in section 12-6-2:

(1)

Landscape area requirements. The minimum percentage of the total developable site, which shall be devoted to landscaping, unless otherwise specified in this chapter, shall be as follows:

(2)

Off-street parking and vehicle use areas. Off-street parking regulations apply to all parking facilities of ten spaces or more. Off-street parking facilities and other vehicular use areas shall meet the following requirements:

a.

Perimeter requirements. A ten-foot wide strip of privately owned land, located along the front and/or side property line(s) adjacent to a street right-of-way shall be landscaped. In no case shall this strip be less than ten feet wide. Width of sidewalks shall not be included within the ten-foot wide perimeter landscape area. This perimeter landscape requirement shall be credited toward the percentage required for the total developable site in subsection (1) of this section, above. Material requirements in perimeter area are as follows:

1.

One tree for each 35 feet of linear foot frontage along the right-of-way shall be preserved or planted. Trees planted to meet this requirement shall measure a minimum of three inches DBH. The trees shall be container grown if planted during the months of March through October. During the remaining months, balled and burlapped (B&B) material may be used. Appropriate documentation shall be provided to the city's designated arborist. An automatic irrigation system shall be required with a separate zone with bubblers to each tree planted on site. When multiple trunk trees are specified, such as crape myrtle, each stem must be a minimum of one and one-half inches DBH, with a minimum of three stems. These type trees shall not be cut back prior to planting. Seventy percent of the trees for any site shall be shade trees, unless a lesser percentage is approved by the city's designated arborist. The remaining area within the perimeter strip shall be landscaped with other landscape materials.

2.

Trees and other landscaping required in the perimeter strip shall be maintained to assure unobstructed visibility between three feet and nine feet above the average grade of the adjacent street and the driveway intersections through the perimeter strip.

3.

If trees are required where overhead utilities exist, and such trees may create a maintenance potential, only species whose expected height at maturity will not create interference may be planted.

b.

Interior planting areas. Interior planting areas within parking lots shall be determined by subtracting the area set aside in the ten-foot perimeter strip from the total minimum area required to be landscaped in subsection (1) of this section, above. This remaining percentage shall be allocated throughout the parking lot or in areas, which are adjacent to the parking lot other than in the perimeter strip. Interior planting areas shall be located to most effectively accommodate stormwater runoff and provide shade in large expanses of paving and contribute to orderly circulation of vehicular and pedestrian traffic. Minimum sizes of interior planting areas are as follows:

1.

A minimum of 100 square feet of planting area shall be required for each new species type A tree identified in Appendix "A" and small species identified in Appendix "B."

2.

A minimum of 200 square feet of planting area shall be required for each new species type B and type C tree identified in Appendix "A" and medium and large species identified in Appendix "B."

3.

A 12-foot by 36-foot planting island shall be required on each end of every double row of parking and a 12-foot by 18-foot island on each end of a single row of parking shall be required. Also, a minimum of one additional island at the midpoint of the parking bays for rows having over ten parking spaces shall be required. The additional island shall be centered in each row. Any adjustment to this requirement must have written approval from the city's designated arborist.

4.

A minimum planting area of 75 percent of the dripline area of the tree shall be required for all existing trees. If conditions warrant that an area greater than 75 percent is needed to preserve the tree, the city shall have the right to require up to 100 percent of the dripline. Approved pavers may be used in certain situations, if approved by the city's designated arborist. Pervious surfaces are strongly encouraged.

c.

Vehicle overhang. Vehicles shall not overhang any interior planting area or perimeter strip. Tire stops are required to be used in these situations.

d.

Curbs; protection of vegetation. Where landscaping is installed in interior or perimeter strip planting areas, a continuous curb or other acceptable means of protection shall be provided to prevent injury to the vegetation. Such curb shall be designed to allow percolation of the water to the root system of the landscape material. Where existing trees are preserved, tree wells, tree islands or a continuous curb shall be utilized to protect the trunk and root system from alterations to surrounding grade elevations and damage from automobiles. A drainage system, sufficient enough to allow percolation into permeable soil, shall be provided in the area defined by the dripline of the tree(s).

(3)

Buffer yards between zoning districts and uses. Regulations applicable to buffer yards are specified in section 12-3-56 of this Code.

(Code 1986, § 12-6-3; Ord. No. 50-00, § 5, 10-26-2000; Ord. No. 31-09, § 1, 9-10-2009; Ord. No. 04-21, § 2, 2-25-2021)

A landscape and tree protection plan shall be required as a condition of obtaining any building permit or site work permit for multi-family residential, commercial and industrial development as specified in section 12-6-3. The plan shall be submitted to the inspection services department and reviewed by the city's designated arborist. A fee shall be charged for services rendered in the review of the required plan (see chapter 7-10 of this Code).

No building permit or site work permit shall be issued until a landscape and tree protection plan has been submitted and approved. Clearing and grubbing is only permitted after a site has received development plan approval and appropriate permits have been issued. The city's designated arborist may authorize minimal clearing to facilitate surveying and similar site preparation work prior to the issuance of permits. No certificate of occupancy shall be issued until the city's designated arborist has determined after final inspection that required site improvements have been installed according to the approved landscape and tree protection plan. In lieu of the immediate installation of the landscaping material and trees, the city may require a performance bond or other security in an amount equal to the cost of the required improvements in lieu of withholding a certificate of occupancy, and may further require that improvements be satisfactorily installed within a specified length of time.

(1)

Contents of landscape and tree protection plan. The landscape and tree protection plan shall be drawn to scale by a landscape architect, architect or civil engineer licensed by the State of Florida, and shall include the following information unless alternative procedures are approved per section 12-6-8 or 12-6-9:

a.

Location, size and species of all trees and shrubs to be planted.

b.

Location of proposed structures, driveways, parking areas, required perimeter and interior landscaped areas, and other improvements to be constructed or installed.

c.

Location of irrigation system to be provided. All planted areas shall have an underground irrigation system designed to provide one hundred percent coverage.

d.

Landscape and tree protection techniques proposed to prevent damage to vegetation, during construction and after construction has been completed.

e.

Location of all protected trees noting species and DBH.

f.

Identification of protected trees to be preserved, protected trees to be removed, including dead trees, and trees to be replanted on site.

g.

Proposed grade changes which might adversely affect or endanger protected trees with specifications on how to maintain trees.

h.

Certification that the landscape architect, architect or civil engineer submitting the landscape and tree protection plan has read and is familiar with chapter 12-6 of the Code of the City of Pensacola, Florida, pertaining to tree and landscape regulation.

(2)

Installation period. All landscape materials and trees depicted on the approved landscape plan shall be installed prior to the issuance of the certificate of occupancy.

(3)

Quality. All plant materials used shall conform to the standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants", current edition, State of Florida, Department of Agriculture and Consumer Services, Division of Plant Industry, Tallahassee, Florida, a copy of which shall be maintained for public inspection in the department of leisure services.

(4)

Notice. If removal is sought for one or more heritage trees or for more than ten protected trees (including heritage trees sought to be removed) and/or if removal of more than 50 of existing protected trees is sought within any property in any zoning district identified in section 12-6-2, a sign shall be posted no further back than four feet from the property line nearest each respective roadway adjacent to the property. One sign shall be posted for every 100 feet of roadway frontage. Each sign shall be of black lettering on a white background and contain two horizontal lines of legible and easily discernible type. The top line shall state: "Tree Removal Permit Applied For." The bottom line shall state: "For Further Information Contact the City of Pensacola at 311" (or other number as designated by the mayor). The top line shall be in legible type no smaller than six inches in height. The bottom line shall be in legible type no smaller than three inches in height. There shall be a margin of at least three inches between all lettering and the edge of the sign. Prior to the final approval of any landscape or tree protection plan where a protected species and/or heritage tree removal is requested and prior to the requisite building, site work, or tree removal permit being issued, the requisite signs shall be posted by the applicant at their expense, and shall remain continuously posted for 21 days prior to the requisite building, site work, or tree removal permit is issued. At such time a tree or landscape plan has been deemed compliant by the designated city arborist, the city's designated arborist will notify the councilperson representing the district in which the permit has been requested, which will initiate the 30-day sign requirement.

Exception: This provision does not include any tree located on a currently occupied, residential property so long as the city's designated arborist has determined the tree meets the qualifications as a diseased or weakened tree as specified in section 12-6-6(2)b.5., or, in the alternative, documentation of danger to person or property has been submitted to the city's designated arborist in advance of removal. For purposes of this provision, "documentation" means a completed two-page Tree Risk Assessment Form, which should be completed according to the standards found within Best Management Practices: Tree Risk Assessment, Second Edition, by E. Thomas Smiley, Nelda Matheny, and Sharon Lilly, and distributed by the International Society of Arboriculture Society; further, consistent with ISA standards and tree risk assessment, a tree or tree part is a "danger" when two conditions exist: 1) the failure of the tree part or of the tree is imminent or impact is likely, and 2) the consequences of that failure are high or extreme.

(Code 1986, § 12-6-4; Ord. No. 31-09, § 1, 9-10-2009; Ord. No. 04-21, § 3, 2-25-2021; Ord. No. 31-22, § 1, 9-29-2022)

(a)

The legal owner of record as appears on the current tax assessment roll or the designated lessee or agent shall be responsible for the maintenance of all landscape areas which shall be maintained so as to present a healthy, neat and orderly appearance at all times and shall be kept free from refuse and debris. Within three months of a determination by the city's designated arborist, that a protected tree required to be retained on a development site (as part of an approved site development plan) or required landscaping is dead or severely damaged or diseased, the protected tree or landscaping shall be replaced by the owner in accordance with the standards specified in this chapter (chapter 12-6). The city's designated arborist may approve additional time appropriate to the growing season of the species in question, not to exceed one year.

(b)

All portions of any irrigation system shall be continuously maintained in a condition such that the intent of an irrigation design is fulfilled. Uncontrolled emission of water from any pipe valve, head, emitter, or other irrigation device shall be considered evidence of non-maintenance.

(Code 1986, § 12-6-5; Ord. No. 50-00, § 5, 10-26-2000; Ord. No. 31-09, § 1, 9-10-2009; Ord. No. 04-21, § 4, 2-25-2021)

Protected trees are those trees identified by species and size in Appendix "A" of this chapter if living and viable. Where protected trees are identified on a site proposed for lot clearing within the applicable zoning districts identified in section 12-6-2, the number of protected trees to be preserved on the site shall be determined based upon the final approved location of proposed structures, driveways, parking areas, and other improvements to be constructed or installed.

(1)

Preservation incentives.

a.

Parking space reduction. A reduction of required parking spaces may be allowed when the reduction would result in the preservation of a protected tree with a trunk of 12 inches DBH or greater. Such reduction shall be required when the reduction would preserve a heritage tree. The following reduction schedule shall apply:

       REDUCTION SCHEDULE

b.

Consideration of park and open space requirement. A reduction or waiver of the required park and open space (or payment in lieu of land dedication) for new residential subdivisions specified in section 12-7-6 may be approved by the mayor or their designee when it is determined that said waiver will result in the preservation of five or more protected trees with a trunk of 12 inches DBH or greater.

c.

Sidewalks. Modifications to sidewalks, their required location, and width and curb requirements, may be allowed as necessary to facilitate the preservation of any protected tree.

d.

Credit for additional landscaping. The city's designated arborist may authorize up to one-half of the total calculated mitigation cost (as determined according to subsections (2)d. and e. of this section) to be used by the applicant for additional landscaping, which is defined as landscaping that is not required by this chapter or any other law. Additional landscaping shall meet the following minimum standards:

1.

A minimum of 75 percent of all required plant material shall consist of evergreen species.

2.

All landscape material shall be placed so as to maximize its screening and/or coverage potential at maturity.

3.

All shrub material shall be a minimum height of 30 inches and have a minimum crown width of 24 inches when planted and shall be a species capable of achieving a minimum height of eight feet at maturity.

e.

Setback reductions. Deviations to setbacks may be authorized by the mayor, or their designee for preservation of heritage trees. Such deviation shall be the minimum amount necessary for the preservation of the tree(s). Notice. If a setback reduction request is sought for one or more heritage trees within any property in any zoning district identified in section 12-6-2, a sign shall be posted no further back than four feet from the property line nearest each respective roadway adjacent to the property. One sign shall be posted for every 100 feet of roadway frontage. Each sign shall contain two horizontal lines of legible and easily discernible type. The top line shall state: "Heritage Tree Setback Reduction Request Applied For." The bottom line shall state: "For Further Information Contact the City of Pensacola at 311" (or other number as designated by the mayor). The top line shall be in legible type no smaller than six inches in height. The bottom line shall be in legible type no smaller than three inches in height. There shall be a margin of at least three inches between all lettering and the edge of the sign. The signs shall be posted by the applicant at their expense, and shall remain continuously posted for two weeks prior to the requisite building, site work, or permit is issued. The city's designated arborist will notify the councilperson representing the district in which the permit has been requested upon receipt of the request.

(2)

Retention, relocation, removal, replacement, and mitigation of protected trees.

a.

Retention of protected trees. Every effort must be made to protect and retain existing protected trees on proposed development sites. A minimum of ten percent of the total combined trunk diameter of protected trees on a proposed development site not located within jurisdictional wetlands shall be retained in place or relocated on site.

1.

Credit for retention of protected trees above minimum requirements. For each inch of trunk diameter above the minimum ten percent requirement that is protected in place or relocated on site, an equivalent trunk diameter inch credit shall be given against replacement and mitigation requirements as provided in subsections (2)d. and e. of this section.

2.

Barrier zones. All protected trees not designated for removal shall be protected by barrier zones erected prior to construction of any structures, road, utility service or other improvements. Barriers shall be placed at the outside of the dripline for all heritage trees and at a minimum two-thirds of the area of the dripline for all other protected trees. Barricades must be at least three feet tall and must be constructed of either wooden corner posts at least two inches by four (2 × 4) inches with at least two courses of wooden side slats at least one inch by four (1 × 4) inches with colored flagging or colored mesh attached, or constructed of one-inch angle iron corner posts with brightly colored mesh construction fencing attached.

b.

Removal of protected trees. Subject to the requirements of (2)a. of this section, protected trees may be approved for removal if one or more of the following conditions are present:

1.

Visibility hazard. Necessity to remove trees which will pose a safety hazard to pedestrians or vehicular traffic upon completion of the development.

2.

Safety hazard. Necessity to remove trees which will threaten to cause disruption of public services or which will pose a safety hazard to persons or buildings or adjacent property or structures.

3.

Construction of improvements. Necessity to remove trees in order to construct proposed improvements as a result of the location of driveways, if the location of a driveway or ingress/egress is specified and required by DOT or other regulations, buildings, utilities, stormwater/drainage facilities, or other permanent improvements. The architect, civil engineer, or landscape architect shall make every reasonable effort to locate such improvements so as to preserve any existing tree.

4.

Site conditions. Necessity to remove trees as a result of characteristics of the site such as site dimensions, topographic conditions and grading requirements necessary to implement standard engineering and architectural practices. Grading shall be as limited as possible. In order to justify the removal of protected trees on the ground of site conditions, the request must be reviewed by the appropriate city staff and must be approved by the mayor or his or her designee. Appeals from the decision of the city's designated arborist shall be to the zoning board of adjustment.

5.

Diseased or weakened trees. Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury;

6.

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

c.

Relocation of protected trees. Where feasible, when conditions necessitate removal of protected trees, said trees shall be relocated on the site in the required perimeter or interior landscaped areas. Should the relocated tree expire within a specified period of time, the appropriate mitigation (planting of replacement trees or payment to the tree planting trust fund) shall be required. For each protected tree that cannot feasibly be relocated (or all of them), a written statement from a qualified professional shall be provided stating for each tree (or all of them) that relocation is not feasible and briefly explaining why relocation is not feasible, subject to the review of the city's designated arborist.

d.

Replacement of protected trees. When a protected tree is approved for removal, it shall be replaced with a like species of the tree removed. The city's designated arborist may allow a deviation to this within the same species type category in the protected tree list in Appendix "A" of this chapter in order to promote ecological diversity on the site. The prescribed number of trees shall be planted for each tree removed. The minimum diameter of a replacement tree shall be three (3) inches DBH. The replacement formula is:

1.

A trunk diameter of four inches to 11 inches = Two three-inch DBH trees planted for each one removed.

2.

A trunk diameter of 12 inches to 19 inches = Three three-inch DBH trees planted for each one removed.

3.

A trunk diameter of 20 inches to 29 inches = Five three-inch DBH trees planted for each one removed.

4.

A trunk diameter of 30 inches to 35 inches = Eight three-inch DBH trees planted for each one removed.

5.

A trunk diameter of 36 inches to 43 inches = Ten three-inch DBH trees planted for each one removed.

6.

A trunk diameter of 44 inches or greater = 11 three-inch DBH trees planted for each one removed.

e.

Mitigation of protected trees. Any replacement trees that cannot be planted on site because of lack of space, once agreed to by the city, shall be valued at $400.00 each and the owner shall pay that total to the tree planting trust fund. Trees identified as dead and verified as such in writing by the city's designated arborist shall not be required to be replaced or mitigated.

(3)

New planting of protected trees. On sites proposed for development or redevelopment where no existing protected trees are identified, the owner or his agent shall be required to plant one new tree species identified in the protected tree list (Appendix "A") or the tree replant list (Appendix "B"), a minimum of three inches DBH, for each 1,000 square feet of impervious surface area. New trees or replacement trees shall be planted during the year as indicated in subsection 12-6-3(2)a.1. of this chapter.

(4)

New residential subdivisions. In new residential subdivisions the private property owner of each lot shall plant one tree in the front yard within ten feet of the right-of-way, provided there is no existing tree in the front yard. The tree shall be planted prior to a certificate of occupancy being issued for the dwelling. If the existing tree is not within ten feet of the right-of-way, then one additional tree shall be required (sized as noted in subsection (4)a. of this section). The tree shall be a species from Appendix "A" or "B," and where feasible, shade trees are encouraged.

a.

Where a protected or replant tree species is required to be replanted, such tree shall be a minimum of three inches DBH.

b.

The location of an existing protected tree on the lot or the proposed location of a new protected or replant species, where required in this subsection, shall be identified on the plot plan submitted as part of the information submitted for a building permit.

(5)

Road right-of-way tree protection. No person or agency shall cut, prune, remove, or in any way damage any protected tree in any street right-of-way or create any condition injurious to any such tree without first obtaining a permit to do so from the city's designated arborist as specified in section 12-6-7.

a.

The city's designated arborist may issue an annual permit to public utility companies exempting them from the provisions of this subsection concerning tree preservation. In the event of flagrant or repeated disregard for the intent and purpose of this chapter, the department may revoke said permit. The reasons for revoking such a permit shall be provided in writing to the offender.

b.

Prior to entering a targeted area for pruning by the utility, the utility representative shall submit for approval to the city a clearly marked plan of the area, showing location of trees and noting what is being requested by the utility company. The city's designated arborist shall approve the plan and an additional permit fee of seventy-five dollars ($75.00) shall be paid to the City of Pensacola for the specific area noted on the plan submitted (see chapter 7-10 of this Code).

c.

All public utilities, governmental agencies and their subcontractors shall comply with the American National Standards Institute, ANSI A300-1995, Tree, Shrub and Other Woody Plant Maintenance—Standard Practices, when pruning trees on public or private property. Notice shall be provided to landowners at least one week in advance of pruning and/or removing landowners' trees on private property. Emergency removal requiring immediate action to protect the health and safety of the public is not subject to this chapter. In no case shall the utility company be permitted to prune more than 30 percent of the existing tree canopy.

(6)

Tree protection. Removing, pruning, or cutting tree growth away from a permanent nonaccessory sign (billboard) on public or private property shall be permitted only if a permit is obtained from the city's designated arborist. All agencies and their subcontractors shall comply with the American National Standards Institute, ANSI A300-1995, Tree, Shrub and Other Woody Plant Maintenance—Standard Practices, when pruning trees.

(7)

Canopy road tree protection zone. All lands within ten feet of the outer boundary of the right-of-way of the below described roads are hereby declared to be canopy tree protection zones:

a.

Blount Street from "A" Street to Bayview Park.

b.

Lakeview Avenue from 9th Avenue to 20th Avenue.

c.

Garden Street from Alcaniz Street to Jefferson Street and from "J" Street to "N" Street.

d.

17th Avenue from Gregory Street to Texar Drive.

e.

12th Avenue from Barcia Drive to Fairfield Drive.

f.

Baylen Street from LaRua Street to Jordan Street.

g.

Spring Street from LaRua Street to Jordan Street.

h.

Bayou Boulevard from Lee Street to Strong Street.

i.

Cervantes Street/Scenic Highway from the eastern side of Bayou Texar to the city limits.

No person or agency shall cut, remove, prune or in any way damage any protected tree in any canopy road tree protection zone or create any condition injurious to any such tree without first obtaining a permit to do so from the city's designated arborist as specified in section 12-6-7. The exemption for utility companies noted in subsection (5), above shall also apply to the canopy road tree protection zone.

(8)

Heritage trees, including their driplines. No person or agency shall cut, remove, prune or in any way damage any heritage tree in any zoning district without first obtaining approval of a landscape and tree protection plan per section 12-6-4 for new development sites or a permit from the city's designated arborist as specified in section 12-6-7 for developed property; provided, however, that currently occupied residential property may qualify for removal or pruning of a heritage tree without incurring the cost of a permit so long as documentation of danger to person or property has been submitted to the city's designated arborist in advance of removal. For purposes of this provision, "documentation" means a completed two-page Tree Risk Assessment Form, which should be completed according to the standards found within Best Management Practices: Tree Risk Assessment, Second Edition, by E. Thomas Smiley, Nelda Matheny, and Sharon Lilly, and distributed by the International Society of Arboriculture Society; further, consistent with ISA standards and tree risk assessment, a tree or tree part is a "danger" when two conditions exist: 1) the failure of the tree part or of the tree is imminent or impact is likely, and 2) the consequences of that failure are high or extreme. In the case of lot splits for single family and duplex uses, the land shall be evaluated to determine whether the lot split will have a negative effect on any heritage tree(s), including their driplines. A tree survey shall be provided to the Planning Services department along with the lot split application, and the size of proposed lots shall be evaluated for the purpose of ensuring that a lot split will not require the removal of any heritage tree or damage the tree's dripline as a result of that lot split.

(Code 1986, § 12-6-6; Ord. No. 31-09, § 1, 9-10-2009; Ord. No. 16-10, § 217, 218, 9-9-2010; Ord. No. 04-21, § 5, 2-25-2021; Ord. No. 14-21, § 1, 7-15-2021; Ord. No. 08-22, § 1, 4-14-2022)

No person shall cut, remove, prune, or in any way damage any heritage tree on developed property or protected tree within the road right-of-way and canopy road tree protection zones identified in subsections 12-6-6(5) and (7), without first obtaining a tree removal and pruning permit from the city's designated arborist as provided below. An inspection fee of $75.00 shall be charged for services rendered by the city's designated arborist in the required review and on-site inspection for tree removal or pruning permits (see chapter 7-10 of this Code).

(1)

Canopy road tree protection zone and road right-of-way tree protection zone. Prior to cutting, removing, pruning or in any way damaging a protected tree in the canopy road tree protection zone and road right-of-way tree protection zone, an owner, developer or his agent must submit a copy of an accurately scaled drawing including the following information:

a.

Location of the subject protected tree, noting species, size and general condition.

b.

The city's designated arborist may issue an annual permit to public utilities exempting them from this requirement as specified in subsection 12-6-6(5).

(2)

On-site inspection. Prior to the issuance of a tree removal and pruning permit, the city's designated arborist shall conduct an on-site inspection and shall issue a written report setting forth a recommendation for granting or denying the permit including any explanation necessary to clarify the basis for the recommendation.

(3)

Conditions of approval. The city's designated arborist may approve the permit if one (1) or more of the conditions set forth in subsections 12-6-6(2)b.1 through 6 is present.

(4)

Review. In the event an application is denied, the city's designated arborist shall specify to the applicant in writing the reason for said action.

(5)

Heritage tree removal mitigation. In the event that a heritage tree is approved for removal, tree replacement shall be provided per subsection 12-6-6(2)d.6 or a fee shall be paid into the tree planting trust fund per subsection 12-6-6(2)e.

(6)

Pruning on residential properties. Permits are not required for pruning of trees on developed, currently occupied, residential property, except for pruning of heritage trees; provided, permit fees are waived where the limb(s) is diseased, weakened, or a danger or hazard to person or property. A permit shall be obtained from the city as described in section 12-6-7 and pruning shall be performed by, or done under the supervision of, a certified independent arborist. In no instance shall more than one-third of the existing, healthy tree crown be removed from a heritage tree. If trimming of any heritage tree on a residential property results in substantial and irreparable harm or death to the heritage tree, such trimming shall be subject to mitigation in the form of tree replacement as provided per subsection 12-6-6(2)d.6., or a fee shall be paid into the tree planting trust fund per subsection 12-6-6(2)e. A residential property owner is excused from obtaining a permit by submitting to the city's designated arborist a completed two-page Tree Risk Assessment Form, prepared by an ISA certified arborist according to the standards found within Best Management Practices: Tree Risk Assessment, Second Edition, by E. Thomas Smiley, Nelda Matheny, and Sharon Lilly, and distributed by the International Society of Arboriculture Society, so long as, consistent with ISA standards and tree risk assessment, the heritage tree or tree part presents a danger because the following two conditions exist: 1) the failure of the tree part or of the tree is imminent or impact is likely, and 2) the consequences of that failure are high or extreme. Upon approval of the tree risk assessment by the city's designated arborist, no mitigation shall be required.

(Code 1986, § 12-6-7; Ord. No. 44-99, § 5, 11-18-1999; Ord. No. 50-00, § 5, 10-26-2000; Ord. No. 31-09, § 1, 9-10-2009; Ord. No. 04-21, § 6, 2-25-2021)

(a)

The city's designated arborist may determine that the required irrigation percentage for a site may be reduced, and may also reduce the required mitigation payment into the Tree Planting Trust Fund when it has been demonstrated and set forth in writing that Best Management Practices have been employed in the proposed plans for development of a site. Areas in which the utilization of Best Management Practices would be applicable include, but are not limited to: Enviroscaping; Xeriscaping; Landscape Irrigation; and LEED/Green Building Techniques such as, but not limited to, green roofs, rain garden landscape design, shading constructed surfaces on the site with landscape features, and minimizing the overall building footprint and parking area; which are designed to reduce heat islands (thermal gradient differences between developed and undeveloped areas) to minimize impact on the environment.

(b)

Best Management Practices for a site include a demonstrating to the city's designated arborist, that the property owner has met the minimum requirements of this section in addition to the proposed best management practices to be utilize.

(c)

"Waterwise Florida Landscapes" is the required reference guide for Xeriscaping and irrigation techniques.

(Code 1986, § 12-6-8; Ord. No. 31-09, § 1, 9-10-2009; Ord. No. 16-10, § 219, 9-9-2010; Ord. No. 04-21, § 7, 2-25-2021)

Under certain circumstances, the application of the standards of this chapter may be either inappropriate or ineffective in achieving the purpose of this chapter. When planting is required by this chapter or by other provisions herein, and the site design, topography, unique relationships to other properties, natural vegetation or other special considerations exist relative to the proposed development; the developer may submit a specific alternate plan for the planting. This plan must demonstrate how the purposes and standards of this chapter will be met by measures other than those in sections 12-6-3 and 12-6-6. The city's designated arborist shall review the alternate proposal and advise the applicant of the disposition of the request within 15 working days of submission by the applicant. Any appeals by the applicant shall be in accordance with section 12-6-11 of this chapter.

(Code 1986, § 12-6-9; Ord. No. 50-00, § 5, 10-26-2000; Ord. No. 31-09, § 1, 9-10-2009; Ord. No. 04-21, § 8, 2-25-2021)

(a)

Stop work order. Whenever the city's designated arborist determines that a violation of this chapter has occurred, the following actions shall be initiated:

(1)

Written notice. Immediately issue written notice by personal delivery or certified mail to the person violating this chapter of the nature and location of the violation, specifying what remedial steps are necessary to bring the project into compliance. Such person shall immediately, conditions permitting, commence the recommended remedial action and shall have ten working days after receipt of said notice, or such longer time as may be allowed by the city's designated arborist, to complete the remedial action set forth in said notice.

(2)

Remedial work and stop work orders. If a subsequent violation occurs during the ten working days referred to in subsection (a)(1) above, or if remedial work specified in the notice of violation is not completed within the time allowed, or if clearing and development of land is occurring without a permit, then the city's designated arborist shall issue a stop work order immediately. Said stop work order shall contain the grounds for its issuance, and shall set forth the nature of the violation. The stop work order shall be directed not only to the person owning the land upon which the clearing and development is occurring, but also a separate stop work order shall be directed to the person or firm actually performing the physical labors of the development activity or the person responsible for the development activity, directing him forthwith to cease and desist all or any portion of the work upon all or any geographical portion of the project, except such remedial work as is deemed necessary to bring the project into compliance. If such person fails to complete the recommended remedial action within the time allowed, or fails to take the recommended action after the issuance of such stop work order, then the city's designated arborist may issue a stop work order on all or any portion of the entire project.

(3)

Notice of compliance. Upon completion of remedial steps required by notice the city's designated arborist shall issue a notice of compliance and cancellation of said notice or stop work order.

(b)

Penalty. The fine for violating this chapter shall be based on the size of limb(s) or the tree(s) removed without a permit. The measurement to establish said fine shall be based on the remaining tree material left intact on the site. If a tree is removed, the trunk caliper shall be measured at DBH and at the point of removal for a limb or each limb. If, in the opinion of the city's designated arborist, the tree has been substantially damaged so that its normal growth character will never return, i.e., a tree is topped and will never recover the original character, then the fine may be based upon the caliper of the tree trunk or each limb removed, whichever is the greater. Each day a violation of a stop work order continues shall constitute a separate offense (see subsection 7-10-6(b), penalty fees, of this Code). Each protected tree removed without a permit or in violation of a permit shall constitute a separate offence. Any person may seek an injunction against any violation of this chapter, and recover such damages as he may suffer. In addition to the fines and prohibitions contained herein, the provisions of section 1-1-8 of the Code shall apply to willful violations of this chapter.

(c)

Tree planting trust fund.

(1)

A tree planting trust fund has been established and funded by the fines pursuant to subsection (b) and mitigation fees paid pursuant to section 12-6-6. Expenditures from the tree planting trust fund are hereby authorized and may be made by the mayor and shall be utilized for acquiring, planting, and maintaining trees and, in cases where necessary, other vegetation for public purposes within the city. The first priority for expenditure of funds deposited in the tree planting trust fund is for restoration of the tree canopy in the area where trees generating the funds were removed. Any expenditure in excess of $25,000.00 must be approved by the city council following review by the environmental advisory board.

(2)

A grant program is hereby established for community organizations such as neighborhood associations, civic organizations, and garden clubs, according to the following criteria:

a.

Each grant is limited to 50 percent of the cost of the proposed project up to $5,500.00;

b.

The tree planting trust fund must have sufficient funds for the project requested;

c.

Grant requests must be submitted to the environmental advisory board for review prior to consideration by the city's designated arborist and city council;

d.

The city council must approve each grant request; and

e.

The funds must be utilized for providing trees or other appropriate vegetation along with associated irrigation that will help restore the tree canopy as deemed appropriate by proper planting location requirements and may enhance the natural beauty of the community, serve to deter graffiti or the defacement of public or private property, and may create sound buffers where desirable.

(Code 1986, § 12-6-10; Ord. No. 44-99, § 5, 11-18-1999; Ord. No. 50-00, § 5, 10-26-2000; Ord. No. 31-09, § 1, 9-10-2009; Ord. No. 16-10, § 220, 9-9-2010; Ord. No. 21-15, § 1, 12-9-2015; Ord. No. 04-21, § 9, 2-25-2021)

Any person directly and adversely affected by any decision made in the interpretation or enforcement of the provisions of this chapter may appeal such decision to the zoning board of adjustment. Such appeal shall be submitted in writing to the planning administrator within 30 days of the rendering of the subject order, requirement, decision or determination.

(Code 1986, § 12-6-11; Ord. No. 44-99, § 5, 11-18-1999; Ord. No. 50-00, § 5, 10-26-2000; Ord. No. 31-09, § 1, 9-10-2009; Ord. No. 16-10, § 221, 9-9-2010; Ord. No. 04-21, § 10, 2-25-2021)

APPENDIX A. PROTECTED TREE LIST

APPENDIX B. TREE REPLANT LIST

Source: Native Trees for North Florida, Florida Cooperative Extension Service, University of Florida. Florida-Friendly Plant List 2006, Florida Yards and Neighborhoods, Cooperative Extension Service, University of Florida.

(Code 1986, ch. 12-6, apps. A, B; Ord. No. 50-00, § 5, 10-26-2000(Ord. No. 44-99, § 5, 11-18-1999; Ord. No. 50-00, § 5, 10-26-2000; Ord. No. 31-09, § 1, 9-10-2009; Ord. No. 04-21, § 11, 2-25-2021; Ord. No. 34-22, § 1, 10-27-2022)