122.03(A) Applicability. All Trees shall be subject to the provisions of this Chapter unless specifically exempt as set forth below.
122.03(B) Exceptions.
122.03(B)(1) Where existing
need to be removed or relocated due to a conflict with
or a
improvement project within the Public
, notice shall be provided to the
and property
not less than five business days prior to any removal or relocation activity, but no fees or bonds shall be required. Relocated
shall be replaced, where applicable, in accordance with this Chapter.
122.03(B)(2) State of Florida licensed plant and/or
nurseries shall be exempt from the terms and provisions of this Chapter only in relation to those
planted and growing
for wholesale and/or retail sale purposes in the ordinary course of said permit holder’s business.
122.03(B)(3)
less than one and one-half inches in diameter as measured four and one- half feet from grade are exempt from the provisions of this Chapter unless they are located within the
of preserved
. All Native
less than one and one-half inches located within the
of preserved
shall be illustrated on
Protection/
Plans as a plant mass and not individual
.
122.03(B)(4) The pruning, trimming, removal, or replanting of any
on residential property is exempt from any notice, application, approval, permit, fee, or mitigation requirements of this Chapter, if the property owner possesses documentation from an arborist certified by the International Society of Arboriculture or a Florida-licensed landscape architect that the
poses an unacceptable risk to persons or property. This exemption implement and adopts by reference F.S. § 163.045, as amended, including but not limited to, the definitions of documentation and residential property, and the standards therein for determining whether a
poses an unacceptable risk. However, compliance with the Landscaping Chapter of the Code for the installation of any new
or voluntarily relocated
is still required. This subsection does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to F.S. §§ 403.9321 - 403.9333. In addition, the removal or relocation of any
other than a
, preserved
, replacement
or relocated
, which is located on a residential property with an existing detached
or
Structure, shall also be exempt from this Chapter. However, compliance with the Landscaping Chapter of this Code is still required.
122.03(B)(5)
that have been determined by the
to be dead are exempt from the permit and fee requirements of this Chapter; provided, however, subsequent to the removal of the dead
the property must be in compliance with Chapter 123.
(Ord. 2010-19, passed 10-4-2010; Am Ord. 2019-13, passed 10-7-2019; Am. Ord. 2019-16, passed 12-2-2019; Am. Ord. 2023-08, passed 7-5-2023; Am. Ord. 2023-12, passed 11-6-2023)