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Replacement Tree Type | Replacement Canopy Area Credit (In Square Feet) |
Type 1 Tree
|
300 |
Type 2 Tree
|
100 |
Type 3 Tree
|
50 |
NOTES: Type 1: Minimum of twelve (12) feet in
height
, Florida Grade #1
canopy tree
at time of planting Type 2: Minimum of ten (10) feet in
height
, Florida Grade #1 under story tree at time of planting; Type 3: Minimum of fourteen (14) feet in overall
height
, Florida Grade #1 palm tree at time of planting | |
c. Timing of Planting Replacement Trees
i. Except as otherwise provided by subsection ii below or Section 155.5204.E.1.d, Payment In Lieu of
Tree
Replacement, the required number of replacement trees shall be planted within 60 days after issuance of the Tree Permit unless the trees are being removed and replaced in association with an authorized development, in which case required replacement trees shall be planted before issuance of a
Certificate of Occupancy
for the development, or for the approved development phase containing the replacement trees.
ii. The Development Services Director may, for good cause shown, grant extensions to the above time limit, allowing a developer/owner to delay the planting of required replacement trees. Circumstances that may warrant an extension include, but are not limited to, completion of utility work occurring in a proposed replacement tree planting area that is incomplete or delayed.
iii. Any extension of the time limit shall be conditioned on the required replacement trees being installed as soon as practicable after the delay-warranting circumstances cease to exist and the provision of a maintenance guarantee in accordance with Section 155.5204.H.2, Maintenance Guarantee.
On determining that replacement of removed trees is not feasible due to the lack of available planting space, the Development Service Director may allow the applicant for a Tree Permit to meet all or part of the replacement tree requirement by paying into the
Tree
Canopy Trust Fund an amount of money equal to the appraised dollar value of the removed trees for which the payment is being made in lieu of actual tree replacement, as determined in accordance with Section 155.5204.E.1.b, Required Number of Replacement Trees.
a. Tree
replacement shall comply with landscaping BMPs, the standards in Section 155.5203.B, General Requirements for Landscaping.
b. Replacement trees shall be planted at a location within the city.
c. To the maximum extent consistent with other tree replacement standards, relocated trees shall be planted at locations where they are unlikely to create an obstruction to solar access to an existing or approved solar energy collection system.
F. Tree Protection During Development or Demolition Activity
1. Responsibility
During any development or demolition activity, the property owner or developer shall be responsible for protecting existing trees that are designated to be preserved (as identified by a Tree Permit) as well as installed trees.
2. Protective Fencing, Marking, and Signage
a. Protective Fencing
i. Within or near land areas proposed to be disturbed as part of development or demolition activities, trees to be preserved shall be fenced with a sturdy and visible fence that is erected no closer than one linear foot outside of the tree's drip line. The Development Services Director shall consider existing site conditions in determining the exact location of tree protection fencing.
ii. All required protective fencing in areas proposed for land disturbance shall be at least four feet high and of durable construction (i.e., chain link or wooden post with 2x4 wire mesh). Posts shall be located no more than ten feet on-center. Chain link or wire fencing utilized as tree protection fencing shall not be required to be vinyl coated.
(See Figure 155.5204.F.2: Tree protection fencing and signage.)
b. Protective Marking
In areas that are remote from areas proposed for land disturbance, trees to be preserved may be fenced in accordance with subsection a above, or the same tree protection area may be marked with highly visible (bright orange), continuous, and durable construction fencing.
c. Duration of Protective Fencing, Marking, or Signage
Required protective fencing, marking, and signage shall be erected before any grading or other development or demolition activity begins and shall be maintained throughout the period of development or demolition activity, until after final landscaping inspection.
d. Warning Signage
Warning signs shall be installed along any required tree protection fencing at points no more than 150 feet apart. The signs shall be clearly visible from all sides of the outside of the fenced-in area. The size of each sign must be a minimum of two feet by two feet and shall contain the following language: "TREE PROTECTION AREA: KEEP OUT."
3. Tree Protection Area Limitations and Requirements
Areas located within required tree protection fencing or marking are considered as tree protection areas. Encroachments into tree protection areas may occur only when no other alternative exists, and shall comply with landscaping BMPs and the following limitations and requirements:
a. Construction Activity, Equipment, or Materials Storage
No development or demolition activity—including grading, the operation or parking of heavy equipment, or the storage of material—shall be allowed within the tree protection area.
b. Clearing of Vegetation
Any clearing of vegetation within the tree protection area shall be only by hand.
c. Use of Retaining Walls and Drywells
Retaining walls and drywells may be used to protect trees to be preserved from severe grade changes if venting adequate to allow air and water to reach tree roots is provided through any fill.
d. Underground Utility Lines
Underground utility lines shall be routed around the tree protection area where possible. If this is not possible, a tunnel made by a power-driven soil auger may be used under the tree.
e. Impervious Surface
No impervious surface (including, but not limited to, paving or buildings) may be located within a tree protection area.
4. Fences and Walls
Installation of fences and walls shall take into consideration the root systems of existing trees. Post-holes and trenches close to trees shall be dug by hand and adjusted as necessary to avoid damage to major roots. Continuous footers for masonry walls shall end at the point where major large roots are encountered and these roots bridged.
5. Repair of Damaged Trees
If any tree to be preserved is damaged during development or demolition activities, the tree shall be promptly repaired by:
a. Corrective pruning for damage to tree canopy by an ISA Certified Arborist; or
b. Measures such as corrective root pruning, fertilization, soil enhancements for damage to tree roots, and application of irrigation to compensate for root loss.
1. Tree Abuse Prohibited
a. General
ii. No owner of land in the city shall cause or allow the abuse of any tree on that land, or possess an abused tree on that land.
b. Exemptions
The following activities are exempt from the prohibition of tree abuse in subsection a above:
i. Topiary pruning when the pruned trees are located on owner-occupied property developed for a single-family dwelling or two-family dwelling and are identified as topiary trees on an approved landscape plan; or
ii. Tree abuse necessary to alleviate a dangerous condition posing an immediate threat to the public or property, provided the threat cannot be remedied by pruning that does not constitute tree abuse.
iii. Shaping of trees to protect property, such as buildings or infrastructure, where it is demonstrated that shaping of the trees has occurred historically.
2. Corrective Measures for Tree Abuse
a. Any person that abuses a tree or any landowner that possesses an abused tree shall:
i. Undertake pruning and other corrective action determined by the Development Services Director, including—but not limited to—the permitted removal of severely abused trees to protect public safety and property, and corrective pruning by an ISA Certified Arborist to improve the health and form of abused trees;
ii. Plant replacement trees in accordance with Section 155.5204.E, Tree Replacement, if the abused tree's natural habit of growth is destroyed; and
iii. Make a payment into the city's Tree Canopy Trust Fund or other appropriate fund in accordance with Section [ ].
b. Any corrective action(s) undertaken in accordance with this subsection shall be considered partial corrective action(s) required to cure a violation and are in addition to any penalties that may be imposed by the city in accordance with Article 8: Enforcement.
c. A Tree Permit shall be required for any corrective measure undertaken in accordance with this subsection.
H. Maintenance
1. Maintenance and Monitoring
a. The health of a replacement tree or a tree subject to corrective pruning or other corrective action shall be maintained and monitored for a period of at least one year after the date it is planted. The health of a relocated tree shall be maintained and monitored for up to three years after the date it is transplanted, as determined by the Development Services Director based on the type and size of the relocated tree.
b. The Development Services Director shall inspect a relocated tree, replacement tree, or tree subject to corrective pruning or other corrective action one year after the transplanting, planting, or corrective action, as appropriate, and for relocated trees, at one-year increments during its maintenance and monitoring period. On determining that such a tree has died or been effectively destroyed, the Development Services Director shall order the tree to be replaced within 60 days, pursuant to a new Tree Permit. A new one-year maintenance and monitoring period shall start for the new replacement tree upon its planting.
c. All strapping and bracing material shall be monitored to prevent girdling and removed from all replacement trees at the end of the applicable maintenance and monitoring period.
Any person other than a governmental entity who conducts tree relocation or replacement activities shall post a maintenance guarantee ensuring proper planting of the relocated or replacement trees and their survival for the applicable maintenance and monitoring period in accordance with Section 155.5902, Maintenance. This requirement may also be applied to persons conducting corrective pruning or other corrective action required by this section. This maintenance guarantee shall be in addition to any other performance guarantees or maintenance guarantees required for a proposed development or by any other entity.