§ 110-10. Tree protection.

(a)

Prohibitions. Unless exempted herein, it shall be unlawful and subject to the penalties provided herein for any person directly or indirectly by another person on his behalf to:

(1)

Remove, destroy or damage any protected tree, as defined in section 110-2, on any site or tract without first obtaining a clearing and tree removal permit pursuant to section 98-9 of the city land development regulations;

(2)

Perform any land clearing or grubbing unless a clearing and tree removal permit, if required, has been issued pursuant to section 98-9 of the city land development regulations;

(3)

Perform tree removal, land clearing, grubbing, grading, excavation, construction, or make or install any improvement upon any site or tract, regardless of the existence of valid permits or approvals for the given activity, unless each protected tree to be preserved pursuant to this chapter has been marked by a highly visible band and unless all protected areas established pursuant to this chapter have been surrounded by a protective barrier.

(4)

Remove any tree required to be planted in this chapter as a part of construction approval without all requisite permits and approvals.

(5)

Topping a protected tree without obtaining a clearing and tree removal permit in accordance with chapter 98-9 of the city land development regulations. For the purposes of this chapter 110 of the city land development regulations, topping a tree is defined as the severe cutting back of tree limbs to stubs larger than three inches in diameter to such a degree so as to remove the normal canopy and disfigure the tree. The city code enforcement officer may determine whether a protected tree has been 'topped' within his or her reasonable discretion.

(b)

Exemptions. Notwithstanding anything to the contrary within this chapter, the following activities shall be lawful without application or issuance of a clearing and tree removal permit. None of these exemptions shall apply to any specimen or historic tree, upland native plant community conservation area, or wetland conservation area. The burden of proving entitlement to any particular exemption shall lie with the person claiming use of the exemption.

(1)

The removal, trimming, topping, pruning or alteration of any tree that is not defined as a protected tree herein.

(2)

Routine landscape maintenance such as trimming or pruning of vegetation which is not intended to result in the eventual death of the plants, mowing of yards or lawns, or any other landscaping or gardening activity which is commonly recognized as routine maintenance or replacement.

(3)

The removal, trimming, topping, pruning or alteration of any tree or vegetation in an existing utility easement or right-of-way provided such work is done by or under the control of the operating utility company in accordance with F.S. § 163.3209.

(4)

The removal, pruning, trimming or alteration of any tree or vegetation for the purpose of maintaining existing access to a property.

(5)

Removal of any tree which, upon written confirmation by an authorized representative of the city, is diseased or has been destroyed or damaged beyond saving, or which constitutes an immediate peril to life, property, or other trees.

(6)

Removal or relocation of trees less than six inches DBH, unless such tree was part of fulfilling the requirements of this section.

(7)

Removal of trees in an emergency situation, as determined by the city manager or designee, when a tree is damaged by a storm or other event when the tree presents a danger to the public.

(c)

Tree replacement requirements.

(1)

General.

a.

Amount of replacement with a tree removal permit.

Amount of replacement. At least 25 percent of the total DBH of trees removed pursuant to the clearing and tree removal permit.

Replacement trees shall be located on site in areas approved by the city manager or designee as a condition of the clearing and tree removal permit.

In the event that this replacement is not physically possible due to the site conditions, the applicant shall: 1) be required to place any or all replacement trees on other lands within the city as designated by the city manager or designee, or 2) pay a fee equal to the value of the replacement trees.

If applicable, it shall be also stated within the clearing and tree removal permit that all replacement trees shall be planted prior to issuance of the certificate of occupancy.

b.

Amount of replacement without a clearing and tree removal permit.

Amount of replacement. At least 50 percent of the total DBH of trees removed without authorization shall be replaced on-site.

Replacement trees shall be located on site in areas approved by the city manager or designee as a condition of the clearing and tree removal permit.

In the event that this replacement is not physically possible due to the site conditions, the applicant shall: 1) be required to place any or all replacement trees on other lands within the city as designated by the city manager or designee, or 2) pay a fee equal to the value of the replacement trees.

c

All replacement trees shall be planted within 180 days from the date the first unauthorized removal occurred.

d.

If a property owner properly removes a tree pursuant to a tree removal permit, and the remaining number of trees on the parcel are less than the number required by City Code or any development order subject to the property, whichever is greater, the property owner shall meet the tree replacement obligations under subsection 110-10(c). If, however, a property owner properly removes a tree pursuant to a tree removal permit [other than a permit pursuant to subsection 98-9(h)(9)] and the remaining number of trees on the parcel meet or exceed the number required by City Code or any development order subject to the property, whichever is greater, the property owner shall not be required to meet the tree replacement obligations in subsection 110-10(c).

(2)

Subdivisions.

a.

Planting times. Replacement trees shall be planted at the following times:

1.

Prior to the issuance of the certificate of occupancy for the individual structure on a lot; and/or

2.

At the time of completion of final construction activities within the subdivision.

b.

Distribution. When the certificate of occupancy method is used, the required number of replacement trees shall be distributed on each lot within the subdivision in accordance with section 110-5, tree requirements.

c.

Location. When replacement trees are planted following final construction of the subdivision the replacement trees shall be located on site in areas approved by the city manager or designee as a condition of the clearing and tree removal permit.

d.

Landscape credit. Replacement trees may be used to meet the requirements of the landscape code stated in section 110-3, landscape requirements.

e.

Maintenance. Replacement trees shall be maintained in good condition for one year during which survival is guaranteed by the property owner.

f.

Replacement size criteria. A replacement tree shall be a tree with a minimum height of eight feet and shall have a minimum two-inch caliper at six inches above grade. The caliper of multitrunk trees will be calculated using a total caliper at six inches above the grade of all trunks.

(d)

Tree protection during construction. Within the city it shall be unlawful for any person, during construction of any structures or other improvements to place solvents, material, construction machinery or temporary soil deposits within the drip line of any tree not permitted to be removed and/or all trees that are retained or replaced pursuant to the clearing and tree removal permit.

This provision includes soil that is placed in the drip-line permanently for the purpose of a grade change, unless the grade is changed according to the guidelines described in the publication Tree Protection Manual for Builders and Developers, Florida Division of Forestry, Department of Agriculture and Consumer Services Publications.

Posts or other materials may be used as protective barriers to roots and trunk of every tree on the parcel being developed. The protective barrier shall be placed at points not closer than the drip line of the protected tree. Each section of the barrier shall be clearly visible. No attachments or wires other than those with protective or non-damaging nature shall be attached to any tree.

No equipment, construction materials or debris shall be placed within the protective barrier.

Protective barriers shall remain in place until all construction activity is terminated.

No fuel, paint, solvent, oil, thinner, asphalt, cement, grout or any other construction chemicals of any kind shall be stored or be placed within the protective barrier.

(e)

Nonapproved (prohibited) trees.

Australian pine	(Casuarina species)
Chinaberry	(Melia Azedarach)
Cajeput or punk tree	(Melaluca quinquenervia)
Ear tree	(Enterlobium cyclocarpum)
Eucalyptus	(Eucalyptus species)
Florida holly or Brazilian pepper	(Schninus terebinthifolius)
Paper mulberry	(Broussonetia papyrifora)
Silk oak	(Grevillea robusta)
Chinese tallow	(Sapium sebiferum)

 

(f)

Historic and specimen trees. An historic tree is one which has been designated by the city council, to have historical significance to the community. A specimen tree is one in which the city council and or the county forester has designated to be protected because of its unique character size, or species.

Historical or specimen trees shall not be removed without the finding of the city council that the tree is a hazard or that it is not feasible to develop the site without removing the tree.

(Ord. No. 2004-11, § 1, 5-25-2004; Ord. No. 2012-03, § 2, 4-17-2012; Ord. No. 2016-01 , § 2, 6-7-2016)