A. Intent to Maintain Municipal Certification by Broward County
The standards in this section, when combined with the Tree Permit provisions in Section 155.2411 and enforcement provisions in Article 8: Enforcement, are intended to qualify for certification by Broward County as containing requirements and standards that are as stringent as those in Article XIV (Tree Preservation and Abuse Ordinance) of the Broward County Code of Ordinances, and thus allow delegation to the city of the county's authority to maintain tree preservation and regulate tree abuse within Pompano Beach. The provisions in this section shall be interpreted in accordance with that purpose.
B. Applicability
1. General
a. Except where expressly provided otherwise in this Code, the requirements and standards in this section shall apply throughout the city.
b. Issuance of a Tree Permit in accordance with Section 155.2411, Tree Permit, is required before any removal, relocation, replacement, or substantial alteration of any tree, any land clearing, or any demolition activity, unless exempted from the requirements and standards in this Part in accordance with subsection 2 below.
a. The requirements and standards of Sections 155.5204.C. through 155.5204.E. shall not apply to the following:
i. Properties owned or controlled by Broward County, including but not limited to county facilities, road rights-of-way, and parks.
ii. Properties owned or controlled by the Broward County School Board.
iii. Any site designated by the Broward County Board of County Commissioners as a Local Area of Particular Concern, Urban Wilderness Inventory Area, Natural Resource Area, or Environmentally Sensitive Land.
iv. Any tree designated a historical tree by the Broward County Board of County Commissioners.
b. The requirements and standards of Sections 155.5204.C. through 155.5204.E., including the requirement to obtain a Tree Permit, shall not apply to the removal of any tree other than a specimen or historical tree as defined herein, on owner-occupied residential properties of one (1) acre or less developed for detached single-family and duplex usage, when the height and minimum number of trees required by Sections 155.5203.B.2.g.ii. and 155.5203.C. are maintained on the property, except previously preserved, relocated or replaced trees that were preserved, relocated or replaced pursuant to a tree removal license.
c. Pursuant to Section 163.045, Florida Statutes, as amended, pruning, trimming, removal, or replanting of, or mitigation for impacts to, a tree on residential property is exempt from any notice, application, approval, permit, fee, or mitigation requirements of this section if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property. This exemption does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to Sections 403.9321 through 403.9333, Florida Statutes, as amended.
d. During emergency conditions caused by a hurricane or other natural disaster, the Development Services Director may suspend application of the provisions of this section, with submitted photographic evidence—provided, however, that Tree Permits authorizing tree removals occurring during the emergency conditions shall be obtained within six months, and the replacement of the trees shall be completed within two years after the end of the emergency condition.
3. Doubling of Application Fee if Tree is Removed Before a Tree Permit is Obtained
If a tree is removed before a Tree Permit is obtained, the application fee for a Tree Permit authorizing the tree removal shall be doubled.
1. The Development Services Director shall approve a Tree Permit authorizing tree removal only on making one or more of the following findings:
a. That the tree removal is necessary to accommodate a proposed development.e., that the proposed development cannot be located on the site without tree removal, despite every reasonable effort having been made to incorporate the tree(s) proposed to be removed into the development and to minimize the number of trees removed.
b. That the tree proposed to be removed is dead, effectively destroyed, diseased, injured, or otherwise of poor quality and condition.
c. That the tree proposed to be removed is obstructing safe vehicular cross visibility.
d. That the tree proposed to be removed is too close to an existing structure so as to endanger the structure, or otherwise is creating ongoing safety problems for existing development.
2. If trees proposed to be removed are located within a Natural Forest Community, as defined in Part 5 (Terms and Uses Defined) of Article 9: Definitions and Interpretation, the Development Services Director shall approve a Tree Permit authorizing tree removal only on making the following additional findings:
a. That any areas providing habitat to species listed in Office Lists of Endangered and Potentially Endangered Fauna and Flora in Florida (Florida Game and Freshwater Fish Commission) have been identified and will be preserved.
b. That areas of high on-site wildlife utilization have been identified and will be preserved.
c. That areas containing relatively undisturbed tree canopy, subcanopy, and groundcover have been identified and will be preserved.
3. Activities associated with authorized tree removal shall not cut down, destroy, remove, relocate, effectively destroy, or damage any other tree on the site unless a Tree Permit authorizing such action is first obtained.
4. No dead tree shall be allowed to remain on any developed property. Any dead tree on developed property shall be removed in accordance with a Tree Permit approved in accordance with Section 155.2411, Tree Permit.
D. Tree Relocation
1. Tree Relocation Required
a. Any tree proposed and authorized for tree removal in accordance with Section 155.5204.C, Tree Removal, shall be relocated unless the tree is an invasive tree or it is demonstrated that relocation is not a viable alternative for the particular tree—in which case, the removed tree shall be replaced in accordance with Section 155.5204.E, Tree Replacement.
b. A tree may be relocated to another property upon demonstration that the property on which the trees is located lacks available space for its relocation. If relocated to another property, written authorization from the owner of the other property is required.
Tree relocation shall occur in accordance with landscaping BMPs, the standards in Section 155.5203.B, General Requirements for Landscaping, and the following standards:
a. Relocated trees shall be transplanted to a location within the city.
b. Tree relocation activities shall not unnecessarily damage any other tree to remain on the property.
c. Any tree being relocated shall not be unnecessarily damaged during its removal, transport, or replanting.
d. Before transplanting, a relocated tree shall be root pruned and may be canopy pruned in accordance with sound arboricultural standards.
e. To the maximum extent consistent with other tree relocation standards, relocated trees shall be transplanted to locations where they are unlikely to create an obstruction to solar access to an existing or approved solar energy collection system.
3. Tree Relocation Maintenance and Monitoring Requirements
Any person conducting tree relocation activities shall:
a. Maintain the health of a relocated tree for a period of one year from the date of planting;
b. Replace, within 60 days, a relocated tree that dies or is determined by the Development Services Director, to be effectively destroyed within one year of being relocated. The one year maintenance period shall begin again whenever a tree is replaced. The replacement trees are to be determined from the dollar value given for each at time of permitting.
4. Tree Relocation Bond Requirement
a. Any person conducting tree relocation activities must post a bond to insure the survival of trees designated for relocation. This bond shall be in addition to any other bond that may be required by any other entities. Determination of the bond amount shall be based from the dollar value given for each at time of permitting.
b. Release of bonds will occur upon completion of construction activities and successful tree relocation, as set forth in this section, and with written approval by the Development Services Director.
c. If a tree is determined to be effectively destroyed within one year from the date of relocation, and no efforts have been made for preservation or replacements, the bond shall be drawn upon and finds will be deposited into the tree Canopy Trust Fund.
1. Tree Replacement Required
a. General
If the Development Services Director determines that a removed tree is an invasive tree as defined herein, or cannot be successfully relocated, the tree shall be replaced in accordance with the following standards.
i. The minimum number of replacement trees required to compensate for removed non-specimen trees that cannot be successfully relocated shall be one (1) caliper inch for each one (1) DBH inch removed to the extent that the combined DBH of the replacement trees equals the combined caliper of all the trees removed. Replacement trees shall be canopy trees and meet the minimum height requirements of Section 155.5203.B.2.g.ii. Removal and replanting shall be done at the full expense of the applicant, and submitted as part of an application for a Tree Permit.
ii. Replacement of a specimen tree shall be the number of trees whose combined purchase price, as determined by the Development Services Director, equal the dollar value of the removed trees, as determined by an appraisal prepared by an ISA Certified Arborist in accordance with Rule 14-40.030, Florida Administrative Code, as amended, and submitted as part of the application for a Tree Permit.
iii. In lieu of replacement on site due to a lack of planting space, funds may be deposited into the Tree Canopy Trust Fund as detailed in Section 36.033. Funds must be derived based on the average of current market value for same-species of trees removed, at Florida Grade #1 or greater quality, plus a 2.5 multiplier for installation.
iv. If trees are removed before obtaining authorization for removal through a Tree Permit Application, and the value of the removed trees(s) cannot be determined from any remnants, such value shall be determined by using aerial photography; on-site inspection; and/or review of a tree survey. The number of required replacement trees shall be based upon the size of canopy impacted and the type of replacement trees selected by the applicant and approved by Development Services Director. 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: