The following standards shall be considered in order to ensure the protection of existing vegetation:
A. General. All proposed developments shall be designed to preserve, perpetuate, and improve the existing natural character of the site. Existing native trees and other landscape features shall, to the maximum extent possible, be preserved in their natural state; and additional landscape features shall be provided to enhance architectural features, to relate structural design to the site, and to conceal unattractive uses. In all instances the City’s landscaping requirements and all other applicable regulations shall be fully complied with as minimum standards.
High-quality areas placed in preservation shall be retained in entirety in their current or improved natural state, and protected regardless of ownership. This requirement may be negotiated to create contiguous preserves among plant communities. During the site plan review process, the applicant shall be required to prove that the highest ecologically valued land is being retained first. If the preservation of the highest ecologically valued land renders infeasibility of the site development, it shall be the applicant’s responsibility to prove such hardship and provide an acceptable alternative for approval.
Rights-of-way and areas determined to be future rights-of-way in the Comprehensive Plan and utility or drainage easements shall not be allowed as designated set-aside areas for preservation purposes.
B. Preservation Efforts.
1. Beach Dunes. The natural vegetative cover on beach dunes shall be preserved in an undisturbed state of growth as a fragile ecosystem. No beach dune vegetation, grass, sea grape, and tree development shall be altered, removed, or changed except in accordance with federal, state, county, and local regulations.
2. Mangrove Areas. Well-documented scientific research has established that mangrove areas are the ecological base of the biological food chain for many important species, including some species of fish that are important for sport and commercial fishing. Mangrove trees, which are of considerable aesthetic value, also serve as protection against storm surge and provide a habitat/shelter for birds and other wildlife. For these reasons, land development and construction thereon, shall be conserved to the maximum extent possible and only altered in accordance with federal, state, county, and local regulations.
3. Specimen Tree Designation. The Director of Planning and Zoning may, by written request to the City Manager, recommend from time to time the official designation of certain trees located within the city as specimen trees. If the City Manager approves such recommendation, the matter shall be presented to the City Commission for final determination. The city shall notify the affected property owner of the proposed hearing by certified mail. The City Commission shall accept, modify or deny the staff recommendation. Any proposal to remove a specimen tree shall be mitigated in accordance with this Article.
4. Environmentally Sensitive Lands.
a. General. The purpose and intent of this section is to preserve and protect the values and functions of environmentally sensitive lands from alterations that would result in the loss of these lands or significant degradation of their values and functions.
b. Applicability. This subsection applies to all properties that contain environmentally sensitive lands with an "A", "B", or "C" rating as pursuant to Table 2 of the Conservation Element of the Comprehensive Plan.
c. Standards. The following standards shall promote the preservation of natural resource sites:
(1) If the property proposed for development is greater than ten (10) acres, or is a portion of a larger tract containing ten (10) or more acres of environmentally sensitive lands designated as an "A" rated site, the developer shall be required to preserve a minimum of twenty-five percent (25%) of all native plant communities on the site in one (1) unified preserve. Habitat shall be preserved with intact canopy, understory and ground cover.
(2) If the property proposed for development is greater than ten (10) acres and has been designated as a "B" or "C" rated site, the developer shall be required to preserve a minimum of twenty-five percent (25%) of all native plant communities on the site. The preserve areas may be separated into micro preserves. Habitat shall be preserved with intact canopy, understory and ground cover.
(3) The specific location of the preservation area shall be determined during the review of a master plan or site plan. If no master plan or site plan is required, then such determination shall occur during the review of the plat. The ultimate area to be preserved shall be indicated on the approved plan or any corresponding plat. In determining the most appropriate location for the preserve area within the site, the city shall consider factors, which include, but are not limited to the following: proximity of the preserve area to developed and undeveloped property; potential for immediate or future consolidation with environmentally sensitive lands on abutting properties; ability to maintain the preserve area based upon surrounding development and land uses; and the recommendations of staff or any consultants retained by the city. The preserve area shall be maintained in accordance with the Conservation Element of the Comprehensive Plan.
C. Mitigation of Existing Trees and Palms. All existing trees and palms that are not preserved in place or relocated on-site shall be mitigated by replacement on-site or payment in-lieu of replacement as indicated in this subsection. The replacement shall be provided on-site as indicated in the tables below and comply with the standards defined in Part III, Chapter 4, Article II, Landscape Design and Buffering Standards.
1. Replacement. The equivalent replacement for existing trees shall be based on caliper dimension or types of trees based on the condition rating as indicated in the table below. The replacement for existing palms shall be provided as indicated in the table below.
Table 4-1-a Replacement | |||
Condition Rating4 |
Measurement | Replacement3 | |
Table 4-1-a Replacement | |||
Condition Rating4 |
Measurement | Replacement3 | |
Tree | Good or Fair | Caliper of inches2 | Equivalent caliper inches of trees |
Poor | A number of trees | Tree-for-tree basis | |
Large Canopy Palm1 | Good, or Fair | A number of palms | Comparable or same species on palm-for-palm basis |
Poor | Palm-for-palm basis | ||
Small or Medium Canopy Palm | Good or Fair | A number of palms | Comparable or same species on palm-for-palm basis |
Poor | Palm-for-palm basis | ||
1 Large palm are those species, such as Florida Royal, Canary Island Date, or any other palm species determined by staff to provide similar or greater shading.
2 The cumulative caliper inches of existing trees to be removed shall be replaced on-site with an equal or greater number of caliper inches of a replacement tree or trees.
3 Trees and palms proposed for replacement shall be comparable or same species to the maximum extent possible. Replacement trees for mitigation shall not be substituted by palms; however, replacement of palms for mitigation may be substituted by trees.
4 Condition rating shall be determined by an arboristed certified by the International Society of Arboriculture or a Florida licensed landscape architect.
2. Canopy Replacement. If trees or palms are removed before obtaining approval of a Landscape Permit and calipers of removed trees cannot be determined from any remnants, the number of required replacement trees and palms shall be calculated based on the removed canopy areas in square feet (sq.ft.) determined by using aerial photography; photos; or review of a tree survey. Replacement canopy area credit shall equal the canopy area removed, as provided in the table below.
Table 4-1-b Canopy Replacement | |
Replacement Type | Replacement Canopy Area Credit |
Tree that spreads at least 30 feet in diameter at maturity | 200 sq. ft. |
Tree that spreads less than 30 feet in diameter at maturity | 120 sq. ft. |
Large canopy palm | 100 sq. ft. |
Small canopy palm | 60 sq. ft. |
3. Payment In-Lieu of Replacement. Upon determining that replacement of removed or to- be-removed trees or palms is not feasible due to the lack of available planting space, the Director of Planning and Zoning may allow the applicant to meet all or part of the replacement for tree or palm by paying into the Tree Canopy Trust Fund an amount of money according to the payment in- lieu schedule set by the City Commission by resolution. The Tree Trust Fund shall be utilized to plant trees and palms, in accordance with the standards in Part III, Chapter 4, Article II. Landscape Design and Buffering Standards, associated with City projects or City Capital Improvement Projects.
D. Forestry Practices and Procedures.
1. General. The Director of Planning and Zoning or designee shall use the "Urban Forestry Manual", United States Department of Agriculture Forest Service, 2006 edition or latest supplement thereof as the arboricultural standard when determining which forestry practice or procedure to apply when reviewing the following types of activities: 1) any proposal to relocate, replace, or remove trees that are subject to the standards and permitting processes of this article; 2) any proposal where the grade of the site is to be raised or lowered around an existing plant; 3) where ditching for utilities, foundations, swimming pools, driveways or the like will severely cut root systems; 4) where large paved areas will delete the water supply and aeration necessary for the life of the tree or shrub; or 5) where a change in the grade or drainage of development will seriously harm natural areas to be retained.
2. Land Clearing and Construction.
a. Vegetation that is set aside for preservation shall be protected from all on-site construction. During the land clearing and construction stage of development, the developer shall erect and maintain protective barriers (to city requirements consistent with best management practices) around all trees or groups of trees to be protected. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the protective barrier. Removal or re-grading of soils within preservation areas is prohibited. Any damaged vegetation located within the set-aside areas shall be replaced with vegetation equivalent to the vegetation destroyed.
b. During the construction stage of development, the developer shall not allow the cleaning of equipment or material within the drip line of any protected tree or groups of trees. Neither shall the developer allow the disposal of waste materials such as paint, oil solvents, asphalt, concrete, mortar, and the like within the drip line of any tree or groups of trees.
c. No attachments or wires other than those of a protective nature shall be attached to any tree.
d. If more than one (1) native terrestrial plant community is present on-site, areas representing all existing plant communities shall be preserved on-site unless preserving more than one (1) particular community is more ecologically beneficial.
E. Sod. Properties shall be sodded with drought tolerant grass or other Florida-Friendly landscape material within thirty (30) days after any clearing, grubbing, excavating, or filling activity, or prior to request for inspection to close out a permit, whichever occurs first. In the case where other site work is to occur, the other site precautions, such as silt or erosion control fencing as deemed appropriate, protection of storm drains, etc., shall be immediately implemented. Staff shall inspect site work areas to ensure that adequate ground coverage has been obtained.
(Ord. 10-025, passed 12-7-10; Am. Ord. 11-019, passed 8-2-11; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 23-014, § 3, passed 8-1-23)