Tree Protection, Removal and Mitigation

The starting point when considering development of a site is to make the best effort to maintain trees on site and to protect them and the soils which surround them. All applications for tree removal will require a TREE SURVEY – Include location, species and size (DBH) of all existing trees on site. For single family lots, provide a lot plan showing the location of the tree(s).

APPLY FOR A TREE REMOVAL OR LAND CLEARING PERMIT

PROTECTED TREES

Certain trees are specifically covered by the CITY’S TREE PROTECTION AND MITIGATION CODE 123-66, these are:

• Native trees at least 14 inches in diameter at breast height (DBH)*
• Palms which have a minimum clear trunk of ten feet.

*DBH is measured at a height of 4.5 feet above ground level

LIST OF NATIVE TREES

JUSTIFICATION FOR REMOVAL

If a tree is determined to be a safety hazard, prevents the reasonable development of a site, is causing damage to structures or more desirable trees around it, is infected with disease or is infested with insects, then there may be a cause to remove it.

A statement by an Arborist or Landscape Architect shall be submitted to explain why the tree(s) should not be protected or why it is not feasible to develop without removing the tree(s).

ALL PROTECTED TREES WHICH ARE PROPOSED TO BE REMOVED ARE SUBJECT TO MITIGATION

APPLY FOR A TREE REMOVAL OR LAND CLEARING PERMIT

INVASIVE SPECIES

All trees classed as invasive species do not require a TREE REMOVAL PERMIT

MITIGATION

A TREE MITIGATION PLAN which indicates the proposed mitigation of removed trees, through replacement or monetary contribution, shall be required for the loss of any PROTECTED TREE.

Any replacement trees which are the subject of such mitigation shall be planted, relocated, or preserved before issuance of the final development order.

The replacement trees, either preserved, relocated or newly planted, shall be of the same or other native species as the tree approved for removal

The quality and replacement of the replacement trees shall be at least 12 feet tall and 2½ inches DBH except for palms which shall have a minimum clear trunk of ten feet.

Any tree which is the subject of a mitigation plan shall be replaced at a ratio of one-inch DBH for each inch of DBH removed, except that each palm tree which is preserved through on-site protection or relocation will count towards any required palm tree mitigation requirement at a rate of one palm tree preserved/relocated equal to one palm tree removed. The following mitigation credit shall apply:

• Trees preserved or relocated on-site, which exceed the minimum landscape requirements of this article shall count as equivalent replacement DBH
• Trees planted on-site which exceed the minimum landscape code shall count as half credit towards the mitigation requirements.

The replanting design shall provide adequate space for root and crown development.

MAINTENANCE

The property owner shall be responsible for maintenance of all landscaping on site including the trees used as mitigation. This includes replacement of unhealthy and dead trees. A tree maintenance agreement will be required. 

MITIGATION ON CITY LAND

When the property being developed is not suitable for on-site mitigation, the mitigation plan, may, with city approval, provide for use of a site on city public lands providing that the applicant furnishes all necessary services incident to such mitigation on public property, including, but not limited to, funding of plant materials and labor.

CONTRIBUTION TO THE CITY’S TREE PRESERVATION FUND

The applicant may contribute a fee established by the city commission by resolution per inch DBH required for mitigation to the city to be used by the city for acquisition, maintenance or planting of native trees on publicly owned lands

VARIANCE RELIEF

Tree protection may be used as justification for variance relief from other land development regulations, such as building setbacks, parking space requirements, or minor or residential street right-of-way widths, providing adjustments are made elsewhere on the site to preserve the maximum permitted lot coverage and the total minimum number of parking spaces, and provided safety precautions are taken to offset any hazard resulting from decreased right-of-way widths.

PRUNING AND TRIMMING

Trees shall be pruned only as necessary to promote uniform healthy growth. Trees shall be allowed to attain their natural size. Trees may be pruned to remove diseased or dying portions in areas where falling limbs may be a hazard to people or property. Lower limbs and suckers may be selectively removed to provide clearance for pedestrians.

In addition, trees located in association with vehicular use areas shall also be pruned to allow for a clearance of seven feet from ground level to avoid potential for damage or injury to vehicles and pedestrians.

However, excessive pruning or pollarding of trees into round balls of crown or branches, which results in an unnecessary reduction of leaf mass shall be prohibited.

Severe cutting back of lateral branches and canopy or toppings or hat-racking trees is expressly prohibited. All pruning shall be accomplished in accordance with National Arborists Association standards for pruning. The department shall maintain a stock of these written standards to give out to permit applicants, particularly though not exclusively to homeowners.

In the event that any tree trimmer is found to be in violation of these guidelines, the planning director is authorized to direct that all tree trimming activities are halted until corrective measures are accomplished, such as, but not limited to, installation of protective covers for electric wires that will eliminate the need for trimming specific trees.

APPLY FOR A TREE REMOVAL OR LAND CLEARING PERMIT