§ 138-3654. Tree protection and relocation.

Existing Florida-native plant material shall be given priority for preservation in site development/redevelopment. Furthermore, existing healthy trees and native palms should be preserved and integrated into site landscape plans. There are no preservation goals for undesirable tree species.

(a)

Tree protection requirements.

(1)

Protected trees. Existing high-rated, non-invasive trees and native palms shall be protected. Any impacts to protected trees shall include mitigating actions such as replacement or relocation. Protected trees shall include:

a.

Any existing healthy tree with a diameter breast height (DBH) of four inches or larger, measured at a height of four and one-half feet above the ground shall be considered a protected tree;

b.

All healthy Sabal/Cabbage Palms six feet in height or larger; and

c.

All buttonwood, mangroves.

(2)

Tree rating category: As part of the permitting process, (i) existing trees with a DBH of four inches or greater AND (ii) existing Sabal/Cabbage Palms six feet high or greater shall be rated on a scale of zero through six based on Table 138-3654.a—Tree Rating System. The tree rating shall be assigned based on the tree/palm condition description listed in the table.

a.

The tree rating assessment shall occur by the applicable county staff; OR

b.

The applicant may request that a certified arborist at the applicant's expense, conduct a tree rating assessment. In this option, the county administrator or designee will review the arborist's assessment and make the final determination.

(3)

Permitted action and requirement: Existing trees and palms shall be preserved replaced, relocated, and/or removed pursuant the permitted actions and requirements for each tree rating category as listed in Table 138-3654.a—Tree Rating System.

Table 138-3654.a — Tree Rating System
Tree Rating Category	Tree/Palm Condition Description	Permitted Action(s) and Requirement(s).
0	Undesirable tree species. Invasive or exotic tree species regardless of health and size.	■ See section 138-3353.    ■ Minimum lot requirement still applies.    ■ No tree credit is allowed.
1	Dead/dying; (contains at least 75% deadwood)	■ The tree may be removed subject to permit approval.    ■ The tree shall be removed if part of site development/redevelopment.    ■ Minimum lot requirement still applies.    ■ No tree credit is allowed.
2	The tree shows staghorning (dieback), mechanical, insect and/or disease damage, and may require major repair, pruning and fertilization.; overall form and branching has been compromised; central leader is not present; severe co-dominance is evident; extreme tip dieback evident; More than 40% deadwood of the total crown area.	■ The tree may be removed subject to permit approval.    ■ Minimum lot requirement still applies.    ■ No tree credit is allowed.
3	Minor insect, disease and/or physiological problems such as decay, saprophytic decays and mistletoe but is treatable; overall form is intact and in good shape, central leader is present; minor tip die back evident; There may be a need for some corrective pruning. Less than 30% deadwood of the total crown area.	■ The tree may be removed subject to permit approval.      ■ Tree replacement/mitigation shall occur on an inch-for-inch basis. However, trees located within the planned building footprint are not protected and considered exempt for any replacement/mitigation requirements.      ■ A tree credit is allowed on an inch-for-inch basis to be used towards required landscaping.
4	Little or no damage, infestation or disease is evident; Problems are easily treatable; overall form is very good to excellent. Less than 10% dead wood of the total crown area.	■ The tree may be removed if a part of a development/redevelopment plan.    ■ Tree replacement/mitigation shall occur on an inch-for-inch basis. However, trees located within the planned building footprint are not protected and considered exempt for any replacement/mitigation requirements.    ■ A tree credit is allowed on an inch-for-inch basis to be used towards required landscaping.
5	No damage, infestation or disease is evident; overall form is excellent. Less than 10% dead wood of the total crown area.	■ The tree may be removed if part of a development/redevelopment plan AND.    ■ The tree may be removed if it is demonstrated that the site is not reasonably developable without removing the tree.    ■ Tree replacement/mitigation shall occur on an inch-for-inch basis. However, trees located within the planned building footprint are not protected and considered exempt for any replacement/mitigation requirements.    ■ A tree credit is allowed on an inch-for-inch basis to be used towards required landscaping.
6	A historic/specimen tree that includes superior qualities and native to the region. No damage, infestation or disease is evident; overall form is excellent.	■ The tree may be removed if a part of a development/redevelopment plan AND.    ■ The tree may be removed if it is demonstrated that the site is not reasonably developable without removing the tree.    ■ Tree replacement/mitigation shall occur on a two inch-for-inch basis. However, trees located within the planned building footprint are not protected and considered exempt for any replacement/mitigation requirements.    ■ A tree credit is allowed on a two inch-for-inch basis to be used towards required landscaping.

 

(4)

Tree removal/replacement standards:

a.

Trees having a 0, 1, or 2 tree rating may be removed and no replacement value is required. However, minimum lot requirement still applies.

b.

Trees having a 3, 4, 5, or 6 tree rating may be removed but the total DBH of the existing tree(s) to be removed shall be replaced with new trees based on the following ratio(s):

1.

3, 4, and 5 rated trees shall be replaced on an inch-for-inch basis.

2.

6 rated trees shall be replaced on a two-inch-for-inch basis.

c.

Trees having a 4, 5, or 6 tree rating may be permitted to be removed only if part of site development activity.

d.

Replacement trees shall be provided on the same site as the original tree that was removed. The following alternatives may be allowed:

1.

The applicant may provide a monetary contribution to a formally-adopted tree mitigation fund at a rate established by the board of county commissioners.

2.

The tree may be relocated subject to the standards of this section.

(5)

Tree removal permit: A tree removal permit is required to remove any existing tree as applicable in this section.

(6)

Tree preservation credit standards: Preserved trees having a 3, 4, or 5 tree rating may be credited towards the required landscaping on an inch-for-inch basis. Trees having a 6 tree rating may be credited at a two-inch for inch basis. This credit shall be calculated based on DBH and applied to the minimum landscaping materials required in section(s) 138-3658 and/or 138-3659.

(b)

Relocation of existing trees.

(1)

The relocation of existing trees is not required but is an alternative to clearing/removal. The standards of this section shall apply to the relocation of existing trees.

a.

Tree removal permit. Although a tree removal permit is required for tree relocation, the tree removal permit fee may be waived if, in the opinion of the county, appropriate measures are taken to ensure a reasonable chance of survival. Appropriate measures may include the pruning of limbs, root pruning well in advance of relocation, protection of root mass, trunk, branches, and foliage during relocation, relocation to an appropriate planting location, preparation of the new planting pit, and maintenance after completion of the relocation. It is recognized that plant mortality may occur even if such measures are taken.

b.

Transplant sites. Relocated trees may be transplanted onto the same site or onto other sites under the same ownership; onto private sites under different ownership with the approval in writing of the owner of that site; or onto public property with the written consent of the county.

c.

Value. Relocated trees, if transplanted onto the same site, will be counted as existing trees of the same size when determining conformance with the landscape requirements.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)