(A) Removal. No permit shall be issued for tree removal unless one of the following conditions, as determined by the city, exists, provided alternative solutions to save the tree cannot be applied:
(1) A site plan submitted by the applicant shows that a proposed structure, permissible under all applicable laws and regulations, can be situated on the subject parcel only if specific trees are removed or relocated.
(2) The tree is located in such proximity to existing or proposed structures that the utility or structural integrity of such structures is materially impaired.
(3) The tree materially interferes with the location, servicing or functioning of public utility lines or service.
(4) The tree obstructs views of oncoming traffic or otherwise creates a substantial traffic hazard.
(5) Any law or regulation requires such removal.
(6) Any tree is deemed by the City Landscape Inspector to be hazardous or structurally unsound.
(7) When the tree is growing too close in proximity to another tree to prevent normal growth and development of the affected tree, as determined by the City Landscape Inspector.
(B) Relocation or replacement; remuneration in lieu thereof.
(1) As a condition to granting a permit, the city shall have the option to require the applicant to relocate or replace a tree being removed at his expense, either within the site, or with the concurrence of the city on public or private land within reasonable proximity of the site, including the relocation to any public land in the city retaining for future use, or donating to any citizen or group of citizens, for any purposes in the public interest and welfare, as approved by the City Commission.
(2) A replacement tree shall be of a type and species having canopy potential and other values, at least equal to that of the tree being removed, and shall be a minimum of ten feet in height on private residential property, and between 12 feet in height on commercialproperty and swale areas, with not less than two inch diameter measured at a breast height of 4½ feet, when planted. All replacement trees shall be grade Florida #1 or better as defined by the Florida Department of Agriculture publication "Grades and Standards". The planted tree(s) shall not be of the nuisance type listed in § 106.26(A).
(3) Tree appraisals will be performed by the City Landscape Inspector or his/her designee to determine the dollar value of any species that have been approved for relocation/removal. The appraisal shall be conducted using the "Guide for Plant Appraisal," latest edition, as amended from time to time.
(4) Native trees identified in Appendix 1 must be planted to replace native tree canopy coverage which has been removed. Appendix 1: Replacement Tree Species is on file with the City Clerk and Landscape Inspector.
(5) the number of required replacement trees shall be based upon the size of the area of impact and the category of replacement trees selected by the applicant. The canopy of the replacement trees at maturity shall at least equal the canopy removed. The following table shall be used to determine the number of required replacement trees:
Replacement Tree Replacement Canopy
Canopy Area
Category one tree 300 square feet
Category two tree 150 square feet
Category three tree 100 square feet
Category four tree 50 square feet
See Appendix one for further details.
(6) Only trees listed in Appendix one may be used as replacement trees. The applicant shall have the option of choosing the category of trees for replacement providing at least 50% of the replacement trees are from the Category one or two, with respective size as follows:
(a) Category one: minimum of 12 feet in height and two inches DBH at time of planting;
(b) Category two: minimum of eight feet in height at time of planting;
(c) Category three: minimum of six feet in height at time of planting;
(d) Category four: for replacement palm trees, a minimum of six feet in height at time of planting;
(7) The replacement tree shall be planted so that it will not interfere with existing or proposed utility lines or cables, either above or below ground.
(8) The replacement tree shall be planted using installation/maintenance methods following xeriscape principles, when practicable.
(9) The replacement tree shall be planted in areas with sufficient space for root/canopy development.
(10) The health of the replacement tree shall be maintained by applicant for one year from planting by the applicant or such other person as may be provided by contract with the city.
(11) Any replacement tree that is or is determined as effectively destroyed by the Landscape Inspector, within one year of such tree being planted shall be promptly replaced. The one year maintenance period shall run again from the last replacement.
(12) Species diversity requirements for replacement trees will be as follows:
(a) 1 to 5 replacement trees: 1 species.
(b) 6 to 10 replacement trees: 2 species.
(c) 11-20 replacement trees: 3 species.
(d) 21-30 replacement trees: 4 species for each additional 10 replacement trees. The species requirement will increase by one species.
(C) Remuneration in lieu of tree replacement. When it is determined by the applicant and the Landscape Inspector that tree replacement is not viable this subsection shall apply:
(1) The person responsible for the tree replacement shall pay into the Tree Preservation Trust Fund a contribution in lieu of actual tree replacement;
(2) The amount of the replacement contribution will be determined by the Director of the Office of Planning using current tree replacement values, plus installation and maintenance.
(3) Replacement contributions and/or mitigation costs must be paid prior to issuance of the first building permit.
(‘72 Code, § 22½-5) (Ord. O-73-31, passed 5-16-73; Am. Ord. O-76-100, passed 12-15-76; Am. Ord. 0-99-35, passed 10-20-99; Am. Ord. O-2001-23, passed 6-30-01; Am. Ord. O-2003-42, passed 12-17-03)