Chapter 13 Landscaping, Tree Removal and Site Clearing

Chapter 13

LANDSCAPING, TREE REMOVAL AND SITE CLEARING*

Article I. Administrative Provisions

Division 1. General Provisions; Administrative Authority; Definitions

Sec. 13-1. Title.Sec. 13-2. Purpose.Sec. 13-3. Applicability.Sec. 13-3.1. Applicability in overlay districts.Sec. 13-4. Definitions.Sec. 13-5. Administrative authority.Sec. 13-6. Characteristics of protected trees and grand trees.Sec. 13-7. Exemptions for certain trees, departments and aviation public

safety.Sec. 13-8. Condemnation.Sec. 13-9. Tree canopy study.Secs. 13-10—13-25. Reserved.

Division 2. Certificates; Documents; Requirements; Etc.

Sec. 13-26. Applications and documentation.Sec. 13-27. Landscape and tree planting plan.Sec. 13-28. Landscape and tree planting plan required; exemptions.Secs. 13-29—13-40. Reserved.

Division 3. Fee Authority and Types; Permits; Inspections

Sec. 13-41. Fees—City council to establish.Sec. 13-42. Same—Types enumerated.Sec. 13-43. Failure to obtain a permit.Sec. 13-44. Permit—Site inspection and site clearing; exemptions.Sec. 13-45. Same—Tree removal and replacement and tree trimming; exemp-

tions.Sec. 13-46. Same—Final inspection.Sec. 13-47. Same—Revocation.Sec. 13-48. Same—Nontransferability.Sec. 13-49. Same—Emergency provision.Sec. 13-50. Inspections and approvals.Secs. 13-51—13-65. Reserved.

Article II. Sanctions; Appeals; Boards

Division 1. Action Authorized to Mitigate Violations

Sec. 13-66. Stop work and emergency orders.

*Editor’s note—This chapter is included as part of the land development code adopted in § 17.5-17 which combines andcompiles all land development regulations into a single land development code. It should be noted that Ord. No. 97-34, § 1, adoptedFeb. 6, 1996, repealed former Ch. 13, in its entirety, which pertained to landscaping, tree removal and site clearing. Section 2 ofsaid ordinance enacted provisions designated as a new Ch. 13 to read as herein set out. See the Code Comparative Table.

Cross references—Art in public places, Ch. 4; building and construction regulations, Ch. 5; affordable housing, sustainability,and concurrency management system, Ch. 17.5; concurrency management system, § 17.5-41 et seq.; property maintenance andstructural standards, Ch. 19; signs, § 19-96 et seq.; stormwater management, Ch. 21; streets and sidewalks, Ch. 22; subdivision,Ch. 23; transportation, Ch. 25; water, § 26-66 et seq.; water conservation, § 26-97; sanitary sewers, § 26-116 et seq.; zoning and landdevelopment, Ch. 27.

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Sec. 13-67. Enforcement authority and remedies.Secs. 13-68—13-90. Reserved.

Division 2. Appeals

Sec. 13-91. Review method.Secs. 13-92—13-110. Reserved.

Division 3. Board

Sec. 13-111. Boards authorized to grant variances.Secs. 13-112—13-130. Reserved.

Article III. Technical Provisions

Division 1. Authority to Establish/Publish Technical Standards

Sec. 13-131. Technical standards may be established.Secs. 13-132—13-145. Reserved.

Division 2. Adoption of Standards by Reference

Sec. 13-146. Technical standards adopted.Secs. 13-147—13-160. Reserved.

Division 3. Specific Technical Requirements

Secs. 13-161—13-163. Reserved.Sec. 13-164. Tree protection standards.Sec. 13-165. Tree removal, relocation or replacement.Exhibit I. Tree Hazard Evaluation Form

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ARTICLE I. ADMINISTRATIVEPROVISIONS*

DIVISION 1. GENERAL PROVISIONS;ADMINISTRATIVE AUTHORITY;

DEFINITIONS

Sec. 13-1. Title.

This chapter shall be known and may be citedas the "City of Tampa Landscaping, Tree Removaland Site Clearing Ordinance."(Ord. No. 97-34, § 2, 2-6-97)

Sec. 13-2. Purpose.

This chapter is intended to protect trees, wet-lands, and natural resources by regulating thetrimming or removing of trees, site clearing, land-scaping, tree planting, and irrigation in the city.(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2002-33, § 1,1-24-02)

Sec. 13-3. Applicability.

The provisions of this chapter shall apply to allbuildings, development, improvements and landwithin the corporate limits of the city, unlessexpressly exempted by law.(Ord. No. 97-34, § 2, 2-6-97)

Sec. 13-3.1. Applicability in overlay districts.

Those standards set forth in Chapter 27, Arti-cle IV, Overlay Districts, are incorporated herein.When provisions of that article impose more strin-gent standards on properties located within iden-tified overlay districts than those standards setforth below, the provisions of Ch. 27, Article IVshall govern.(Ord. No. 99-186, § 2, 8-26-99; Ord. No. 2012-121,§ 1, 11-1-2012)

Sec. 13-4. Definitions.

For the purposes of this chapter, certain abbre-viations, terms, phrases, words and their deriva-tives shall have the meanings as set forth inChapter 27.(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2001-90, § 1,4-5-01; Ord. No. 2002-33, § 2, 1-24-02; Ord. No.2006-74, §§ 1, 2, 4, 7, 3-23-06; Ord. No. 2008-111,§ 2, 6-26-08; Ord. No. 2012-121, § 2, 11-1-2012)

Sec. 13-5. Administrative authority.

The provisions of this chapter shall be admin-istered and enforced by the official. For purposesof administration of the provisions of this chapter,the official's designee shall be the Natural Re-sources Coordinator.(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2012-121,§ 3, 11-1-2012)

Cross references—Administrative authority of official,§ 1-13; delegation of administrative authority, § 1-14.

Sec. 13-6. Characteristics of protected treesand grand trees.

(a) Protected trees. Protected trees have thefollowing characteristics:

(1) Five (5) inches or greater d.b.h.; and

(2) All mangrove and cypress trees.

When a tree is determined not to be a grandtree, it shall be considered a protected tree if itotherwise meets the requirements of this chapter.

(b) Grand trees. Grand trees have the charac-teristics set forth in Schedule A.

Schedule ASpecies and Minimum Points

Species Minimum PointsCamphor (Cin-namomum camphora)

200

Cypress (Taxodium spp.) 200Elm (Ulmus spp.) 200Hickory/Pecan (Caryaspp.)

200

Holly (flex spp.) 125Magnolia (Magnoliaspp.)

175

Maple (Acer spp.) 175Oak (Quercus spp.) 175Pine (Pinus spp.) 175Red Cedar (Juniperusspp.)

200

Sweet Gum(Liquidambarstyraciflua)

200

Sycamore (Platanus oc-cidentalis)

200

*Cross reference—Administration, Ch. 2.

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The department may include additional spe-cies by providing standards similar to those inSchedule A above. In determining whether a treehas the requisite number of points to be a grandtree as outlined in Schedule A above, the pointsystem outlined in Schedule B below shall beused.

Schedule BPoint System

Measurements PointsTrunk circumference tonearest inch (measuredat four and one-half (41/2)feet above grade)

One (1) per inch

Height to nearest foot(measured verticallyfrom a point level withthe base to the highesttwig)

One (1) per foot

Average crown spreadto nearest foot (mea-sure and add longestand shortest diametersof limb spread and di-vide total by two (2) foraverage)

One (1) per four (4) feet

(Ord. No. 97-34, § 2, 2-6-97)

Sec. 13-7. Exemptions for certain trees, de-partments and aviation publicsafety.

(a) Exempt trees. Broussonetia papyrifera (malemulberry); Casuarina spp. (Australian pine);Enterolobium contortisiliquum (ear tree); Euca-lyptus spp. (eucalyptus tree); Melaleucaquinquenervia (punk tree); Melia azedarach(chinaberry); Prunus caroliniana (cherry laurel);Schinus terebinthifolius (Brazilian pepper);Auracaria wrightii (monkey puzzle); Grevillearobusta (silk oak tree); Albizia spp. (mimosa,woman's tongue); Syagrus romanzoffiana (queenpalm); Prunus serotina (wild cherry); Citrus spp.(citrus); Sapium sebiferum (Chinese tallow);Leucaena leucocephala (lead tree); Dalbergia sis-soo (rosewood); Acacia auriculiformis (earleaf aca-cia); Eugenia uniflora (Surinam cherry);Cupaniopsis anacardiodes (carrotwood);

Koelreuteria paniculata (golden rain tree); andSchefflera actinophylla = Brassaia actinophylla(shefflera, queensland umbrella tree).

(b) Public utility or the forestry division of theparks and recreation department. Public utilitiesand the forestry division of the parks and recre-ation department shall be exempt from the re-quirements of this chapter pertaining to treetrimming, if they follow the standard pruningpractice when trimming trees as set forth in the"American National Standard for Tree Care Op-erations, ANSI, A300, current edition," or a vari-ation of that standard allowed by the NaturalResources Coordinator, or designee in accordancewith section 13-45(h)(2) of this chapter. The for-estry division of the parks and recreation depart-ment shall also be exempt from the requirementsof this chapter pertaining to tree removal onpublic rights-of-way.

(c) Hillsborough County Aviation Authority.

(1) Aviation public safety. An exemption fromthe permitting and mitigation require-ments of this chapter shall be grantedwhen federal law, Florida State Law, orlocal airport zoning regulations (pursuantto Federal Aviation Administration Regu-lations), governing runways, taxiways,aprons, runway protection zones and ap-proaches, air traffic control towers, andaircraft navigational aids require the trim-ming or removal of trees for public safetyif:

a. The applicant claiming that federallaw, Florida State Law, or local air-port zoning regulations (pursuant toFederal Aviation Administration Reg-ulations), governing runways, taxi-ways, aprons, runway protectionzones and approaches, air traffic con-trol towers, and aircraft naviga-tional aids require the trimming orremoval of trees for public safetypurposes submits a sworn applica-tion for exemption from the tree trim-ming or removal permit and mitiga-tion requirements of Chapter 13 tothe department identifying the treesto be trimmed or removed, the fed-

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eral law, Florida State Law, or localairport zoning regulations (pursuantto Federal Aviation AdministrationRegulations), governing runways,taxiways, aprons, runway protectionzones and approaches, air traffic con-trol towers, and aircraft naviga-tional aids requiring the trimmingor removal for public safety, the lawor regulations applicability to theapplicant, and the public safety con-cern necessitating the trimming orremoval; and

b. Upon submission of a completed,sworn application, the Natural Re-sources Coordinator, or designee findsthe federal law, Florida State law, orlocal airport zoning regulations (pur-suant to Federal Aviation Adminis-tration Regulations), governing run-ways, taxiways, aprons, runwayprotection zones and approaches, airtraffic control towers, and aircraftnavigational aids requires the trim-ming or removal of trees for publicsafety.

(2) Public international airports. In additionto runways, taxiways, aprons, runway pro-tection zones, approaches, air traffic con-trol towers, and aircraft navigational aidsexempt from permitting and mitigationrequirements of this chapter for publicsafety referred to in section 13-7(c)(1), theHillsborough County Aviation Authorityshall be exempt from the requirements ofthis chapter pertaining to tree removal onall properties owned or controlled by theauthority which is used for airport opera-tions, including but not limited to termi-nals, hangars, maintenance areas, cargoareas, roadways and parking areas atTampa International Airport, more partic-ularly described as:

That part of Sections 5, 6, 7, 8, 9, 17, and18, Township 29 South, Range 18 East ofHillsborough County, Florida, lying withinthe following described boundaries to wit:

Begin at the intersection of the centerlinesof Dale Mabry Highway (S.R. 600) and

Tampa Bay Boulevard; run thence South-erly along said centerline of Dale MabryHighway to it's intersection with thecenterline of Columbus Drive; thence West-erly along said centerline of ColumbusDrive to it's intersection with the centerlineof Boy Scout Boulevard (S.R.589); thenceSouthwesterly along said centerline ofBoy Scout Boulevard to it's intersectionwith the centerline of Jim Walter Boule-vard (portion of Columbus Drive now va-cated per City of Tampa Ordinance 88-412 and renamed per City of TampaOrdinance 2003-36); thence Westerly alongsaid centerline of Jim Walter Boulevardto it's intersection with the centerline ofWest Shore Boulevard (vacated per Cityof Tampa Ordinance 88-412); thence South-erly along said centerline of West ShoreBoulevard to it's intersection with thecenterline of Boy Scout Boulevard (S.R.589) and Spruce Street (S.R. 589); thenceWesterly along said centerline of SpruceStreet (S.R. 589) to it's intersection withthe centerline of Memorial Highway (S.R.60 & S.R. 589); thence Westerly and North-erly along said centerline of MemorialHighway (S.R. 60 & S.R. 589) to and alongthe centerline of Eisenhower Boulevard(said Eisenhower Boulevard running par-allel and adjacent with the Veterans Ex-pressway); thence continue Northerly alongsaid centerline of Eisenhower Boulevardto it's intersection with the Northerlyboundary of the corporate limits of theCity of Tampa, as established by HouseBill 734, approved by the Governor ofFlorida on, April 28, 1953, filed in theoffice of the Secretary of the State on,April 29, 1953; thence meandering East-erly and Northerly along said corporatelimits of the City of Tampa, to it's inter-section with the centerline of HillsboroughAvenue (S.R. 580); thence Easterly alongsaid centerline of Hillsborough Avenue(S.R. 580) to it's intersection with theNortherly projection of the Easterly bound-ary of the following described parcel: Com-mence at a Parker Kalon Nail and Cap(LB 6839) marking the Northwest corner


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of Section 5, Township 29 South, Range 18East in Hillsborough County, Florida;thence South 89°01′17″ East along thenorth line of said Section 5 a distance of2624.01 feet to a anchor and disk (LB6839) marking the North Quarter Cornerof said Section 5; thence South 89°01′31″East along the north line of said Section 5a distance of 687.67 feet; thence South00°52′51″ West a distance of 114.12 feet tothe Point of Beginning; continue thencearound the parcel of land conveyed inOfficial Record Book 1999, page 618 of thePublic Record of Hillsborough County, Flor-ida the following four calls: 1) thenceSouth 89°15′24″ East a distance of 1,196.12feet; 2) thence South 00°50′25″ West adistance of 646.79 feet; 3) thence North89°06′20″ West a distance of 1,196.57 feet;4) thence North 00°52′51″ East a distanceof 643.63 feet to the Point of Beginning:thence Southerly along said Northerlyprojection and Easterly boundary and it'sSoutherly projection of the above de-scribed parcel, to it's intersection with thecenterline of Crest Avenue; thence East-erly along said centerline of Crest Avenueto it's intersection with the centerline ofHesperides Street; thence Southerly alongsaid centerline of Hesperides Street to it'sintersection with the centerline of Dr.Martin Luther King, Jr. Boulevard; thenceEasterly along said centerline of Dr. Mar-tin Luther King, Jr. Boulevard, to it'sintersection with the centerline of LauberWay; thence Southerly along said centerlineof Lauber Way to it's intersection with thecenterline of Ohio Avenue; thence East-erly along said centerline of Ohio Avenue,to it's intersection with the centerline ofthat platted portion of Lauber Way, lyingWesterly of and abutting Block 92 of RE-PLAT OF DREW PARK, a subdivision asrecorded in Plat Book 29 Page 94 of thepublic records of Hillsborough County,Florida; thence Southerly along saidcenterline of Lauber Way, to it's intersec-tion with the centerline of Tampa BayBoulevard; thence Easterly along saidcenterline of Tampa Bay Boulevard to it's

intersection with the centerline of DaleMabry Highway (S.R. 600) and the POINTOF BEGINNING.

Prior to removal of a grand or protectedtree, the proposed removal is required tobe reviewed through the city's permit pro-cess, for purposes of assessing applicabletree replacement and mitigation require-ments. Mitigation for tree removal shallbe provided according to section 13-45(g)and section 13-165 and all new construc-tion not exempt by section 13-7(c)(1) shallbe subject to compliance with all otherprovisions of this chapter, as applicable.

(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2001-90, § 2,4-5-01; Ord. No. 2004-129, § 2, 5-27-04; Ord. No.2006-74, §§ 2—4, 8, 3-23-06; Ord. No. 2008-27,§ 2, 2-21-08; Ord. No. 2012-121, § 3, 11-1-2012)

Sec. 13-8. Condemnation.

In the event of a public or governmental right-of-way taking by settlement or condemnation, theexisting or required landscape requirements de-scribed herein as part of this chapter shall bemeasured from the property line location prior tothe acquisition [reference Ch. 27-295(d)]. Anyproposed or subsequent reconstruction orreconfiguration of vehicular use areas and anyother revisions to the original site plan shallreplace lost landscape area and comply with thischapter to the greatest extent possible. Site plansshall be submitted for review to determine com-pliance to the Code by either a real propertyowner, an entity that has the power of eminentdomain, or any other person who has a legal orequitable interest in real property. Approval ofthe proposed reconfiguration or reconstructionmust be obtained prior to the condemnation ac-tion. If full compliance to the requirements in thischapter is not possible, section 13-27(h)(2) Alter-native Methods of Compliance shall apply.(Ord. No. 97-34, § 2, 2-6-97)

Sec. 13-9. Tree canopy study.

(a) Generally. The city shall initiate a treecanopy study within the geographic boundaries ofthe city by December 31, 2006. Thereafter, the

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city shall conduct a tree canopy study every five(5) years, unless requested earlier by the citycouncil.(Ord. No. 2006-74, § 9, 3-23-06)

Secs. 13-10—13-25. Reserved.

DIVISION 2. CERTIFICATES; DOCUMENTS;REQUIREMENTS; ETC.

Sec. 13-26. Applications and documentation.

(a) Any person legally entitled to apply for andreceive a permit under the provisions of thischapter shall make such application in writing tothe department on forms provided for that pur-pose. Every applicant for a permit shall give adescription of the character of the work proposedto be done and the location, ownership, occupancyand use of the premises in connection therewith.The department may require plans, specificationsor drawings and such other information as it maydeem necessary and pertinent prior to the grant-ing of a permit. If the department determines thatthe plans, specifications, drawings, descriptionsor other information furnished by the applicantare in compliance with this chapter, the rules andregulations of any other department having juris-diction and any other laws, rules and regulationspertaining to the work proposed to be done, itshall issue the permit.

(b) The order, sequence and prerequisites formaking applications for permits shall be as des-ignated by the Natural Resources Coordinator, ordesignee.(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2012-121,§ 3, 11-1-2012)

Sec. 13-27. Landscape and tree plantingplan.

(a) Submission. Before any person can gainapproval of a landscape and tree planting plan, hemust submit to the department a proposed land-scape and tree planting plan for the entire parcel.

(b) Preparation by registered landscape archi-tect; proof thereof; exemptions.

(1) Except as provided in subsection (b)(3)hereof, each landscape and tree plantingplan submitted pursuant to the provi-sions of this chapter shall be:

a. Prepared by or under the responsi-ble supervision and control of a reg-istered landscape architect, or

b. Reviewed, approved or modified by aregistered landscape architect whohas adopted such plan as his ownwork and who thereby accepts fullresponsibility for the landscape andtree planting plan.

(2) Except as provided in subsection (b)(3)hereof, each landscape and tree plantingplan submitted pursuant to the provi-sions of this chapter shall bear the name,signature, address and seal of the regis-tered landscape architect who prepared orsupervised the preparation of or was oth-erwise responsible for the landscape andtree planting plan.

(3) The following persons are exempt fromthe provisions of subsections (b)(1) and(b)(2) above, and may prepare and submitlandscape and tree planting plans with-out the assistance and corresponding name,signature, address and seal of a regis-tered landscape architect:

a. Any person who makes any plans,drawings or specifications for anyreal or personal property owned byhim, so long as he does not use thetitle, term or designation "landscapearchitect," "landscape architectural,""landscape architecture," "L.A.,""landscape engineering," or any de-scription tending to convey the im-pression that he is a registered land-scape architect, unless he is registeredas provided in F.S. Ch. 481;

b. Any nurseryman, stock dealer oragent who holds a valid license is-sued by the state department of ag-riculture and consumer services, di-


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vision of plant industry, insofar as heis engaged in the preparation of plansor drawings as an adjunct to mer-chandising his product, so long as hedoes not use the title, term or desig-nation "landscape architect," "land-scape architectural," "landscape ar-chitecture," "L.A.," "landscapeengineering," or any description tend-ing to convey the impression that heis a registered landscape architect,unless he is registered as provided inF.S. Ch. 481;

c. Any person who performs landscapearchitectural services not for com-pensation, or in his capacity as anemployee of a municipal or countygovernment, except that any personwho has been hired under the title of"landscape architect" by any state,county, municipality or any othergovernmental unit of this state afterJune 30, 1988, shall not be exemptfrom subsections (b)(1) and (b)(2)hereof.

(4) The requirements of subsections (b)(1)and (b)(2) hereof shall not prevent any ofthe following actions:

a. Employees of registered landscapearchitects acting under the instruc-tion, control or supervision of theiremployers;

b. Builders or superintendents employedby such builders supervising the in-stallation of landscape projects bylandscape contractors;

c. Certified or registered general con-tractors negotiating or performingservices under a design build con-tract as long as any landscape archi-tectural services offered or renderedin connection with the contract areoffered or rendered by a licensedregistered landscape architect, by anarchitect licensed and registered un-der F.S. Ch. 481, or an engineerlicensed and registered under F.S.Ch. 471.

(c) Contents. The landscape and tree plantingplan shall include the information required by thedepartment.

(d) Standards for review. A landscape and treeplanting plan shall be approved if it meets thelandscaping and tree planting requirements andstandards of this chapter.

(e) Duration of approved plan. Each landscapeand tree planting plan approved shall providethat the requested development shall commencewithin six (6) months from the date of issuance ofthe approval. If development is delayed, an addi-tional six (6) months shall be provided throughwritten request to the Natural Resources Coordi-nator, or designee. The approval shall expire andbecome null and void at the end of this period ifthe development authorized has not commencedand been carried on in a continuous fashion.

(f) Inspection and maintenance.

(1) Landscape and tree planting. The land-scape, trees, plants and other items on theparcel which are shown on the approvedlandscape and tree planting plan shall beinspected six (6) months after planting toensure consistency with the provisions ofthis chapter and to ensure all trees andplants are in healthy conditions treesplanted pursuant to this chapter found tobe in a declining condition shall be re-placed within thirty (30) days of notifica-tion. If replacement is necessary, thereshall be a reinspection six (6) monthsafter the replacement planting.

(2) Irrigation system. The landscape and irri-gation system shall be maintained andmanaged to ensure water efficiency, andprevent wasteful practices. This shouldinclude, but not be limited to, resettingthe automatic controller according to sea-son, flushing the filters, testing the rainsensor device, and monitoring, adjusting,and repairing irrigation equipment suchthat the efficiency of the system is main-tained.

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(g) Final inspection permit. Prior to the ap-proval of a final inspection permit on the parcel,the department shall perform a final landscapeinspection to verify compliance with the approvedlandscape and tree planting plan for the parcel.

(h) Alternative methods of compliance.

(1) In an effort to preserve significant uplandnative resources and conserve water, thefollowing regulations may be utilized asan alternative to strict code compliance:

a. Using the concept of a "FloridaFriendly Landscape" or XeriscapeTM,a site plan shall be submitted iden-tifying all existing vegetation to bepreserved, proposed turf, and otherlandscape areas. Installed trees andplants shall be grouped together intolandscape plant zones according towater, soil, climate, and light require-ments. Plant groupings based on wa-ter requirements are as follows; nat-ural, drought tolerant, and oasis.

b. Development shall be planned to pre-vent substantial impact to signifi-cant upland native resources. Up-land resources shall include plantecosystems described in the conser-vation and aquifer recharge elementof the comprehensive plan, whichshall include, but not be limited to,the following:

1. Pine flatwoods.

2. Dry prairies.

3. Sand pine scrub.

4. Sandhills.

5. Xeric hammocks.

6. Mesic hammocks.

c. In order to provide for contiguouspreservation of native upland re-sources in the form of corridors, buf-fers or other land configurations, thefollowing general development crite-ria may be applied:

1. Integration of significant up-land resource equivalent to therequired landscaped area.

2. Integration of significant wild-life habitat.

3. Identification and preservationof grand trees.

4. Identification and preservationof rare and endangered plantsand animals. Reference Rareand Endangered Biota of Flor-ida Series.

5. Upland resource preservationshall be exclusive of wetlandsetbacks already required in thechapter.

6. Alternative methods of compli-ance must provide at least theequivalent of that specificallyrequired in the chapter. Thisprovision is supplemental to anyauthority to issue variances.

7. Proposed planting must be com-prised of seventy-five (75) per-cent of the species indigenousto the specific site.

8. Management plan for desig-nated preserved areas must besubmitted and approved by thedepartment.

9. Minimum dimensions for up-land preservation corridors orbuffers shall be fifty (50) feet.

10. Alternative forms of compli-ance are subject to approval bythe department.

d. General design standard incentivesare as follows:

1. Reduction in vehicular use buf-fers.

2. Reduction in interior landscapeislands.

3. Full credit towards tree plant-ing requirements where treeshave been preserved in a devel-opment area in addition to theupland buffer or corridor.

4. Exemption from all permanentirrigation systems.


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5. Other alternative forms of com-pliance will be reviewed by thedepartment.

e. Permitted uses within the protectednative upland resource are as fol-lows:

1. Passive activities.

2. Boardwalks or pervious path-ways.

3. Selective removal of invader spe-cies.

4. Selective trimming for visibil-ity.

5. Native plant enhancement.

6. Ancillary stilted structures suchas observation towers, wildlifemonitoring stations, etc.

7. Other compatible uses as ap-proved by the department.

f. If the applicant does not comply withall specific conditions of the alterna-tive form of compliance, the appli-cant will be required to fully meetthe city code in all respects, regard-less of any partial compliance previ-ously achieved by the applicant.

(2) If, because of the nature of a parcel orproposed development, strict city code com-pliance can not be accomplished, the fol-lowing criteria may be utilized to allow analternative method of compliance:

a. 1. That the alternative arisesfrom a condition specificto the land, structures andbuildings involved;

2. That the particular physical sur-roundings, shape or topograph-ical conditions of the specificparcel lend themselves to thealternative as opposed to strictcity code compliance; or

3. That the specific condition ofthe parcel that creates the needfor the alternative is a condi-tion created by this chapter and

not by the person or entity of-fering the alternative or theowner; and

b. 1. That the alternative doesnot interfere with therights of others or endan-ger the public health,safety or general welfare;

2. That the alternative achievesthe general intent of this chap-ter;

3. That the alternative does notwaive any section of this chap-ter in its entirety as applied tothe parcel as a whole; and

4. That the alternative is the min-imum variance from this chap-ter for the specific parcel underthe circumstances.

The proposed alternative method ofcompliance shall be submitted to thedevelopment review and compliancestaff and procedures (DRC), as setforth in Chapter 27, for review. TheDRC shall submit its recommenda-tion to the Natural Resources Coor-dinator, or designee.

The department may impose reason-able changes to or restrictions orconditions on the alternative to ef-fect the intent of this section andthis chapter as a whole.

(3) Alternate materials or methods of con-struction or methods of compliance maybe utilized provided the Natural Re-sources Coordinator, or designee deter-mines that the alternate is at least theequivalent of that prescribed in this chap-ter based upon industry standards.

(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2002-33,§§ 3, 4, 1-24-02; Ord. No. 2012-121, §§ 3, 4,11-1-2012)

Sec. 13-28. Landscape and tree planting planrequired; exemptions.

(a) Generally. Before the city issues a buildingpermit for any development on a parcel, thedevelopment on that parcel shall have an ap-proved landscape and tree planting plan consis-tent with the terms of this chapter.

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(b) Exemptions. The following are exempt fromthis division:

(1) Commercial nurseries.

(2) Agricultural. Any bona fide agriculturaluse in furtherance of that use.

(3) Development affecting existing single-fam-ily and two-family dwellings. Any expan-sion of an existing single- or two-familydwelling. The addition of a vehicular usearea to an existing single- or two-familydwelling shall not be considered expan-sion for the purposes of this division, butshall be considered development subjectto the provisions of this division.

(4) Expansion of existing development by twen-ty-five (25) percent or less. Any develop-ment on a parcel which increases the totalfloor area of an existing structure by nomore than twenty-five (25) percent. Thisexemption shall not apply to nonconform-ing uses under the city's zoning ordi-nance.

(5) Existing improvements. Any exterior im-provement to existing structures which isnot an expansion of total floor area.

(6) Interior improvements. Any interior im-provement to existing structures which isnot an expansion of total floor area.

(7) Fuel storage tanks. The expansion of aboveground fuel storage tanks and relatedsystems located within existing petro-leum bulk storage and processing facili-ties.

(8) Mitigation of wetlands. The mitigation ofwetlands pursuant to a development or-der or approved plan from and the require-ments of the Florida Department of Envi-ronmental Protection, the Army Corps ofEngineers, the Southwest Florida WaterManagement District, the HillsboroughCounty Environmental Protection Com-mission and the Tampa Bay Port Author-ity.

(Ord. No. 97-34, § 2, 2-6-97)


DIVISION 3. FEE AUTHORITY AND TYPES;PERMITS; INSPECTIONS

Sec. 13-41. Fees—City council to establish.

The city council shall have the authority to setfees by resolution.(Ord. No. 97-34, § 2, 2-6-97)

Sec. 13-42. Same—Types enumerated.

Fees may be charged for the following:

(1) Permit application;

(2) Reinspection;

(3) Board petitions.(Ord. No. 97-34, § 2, 2-6-97)

Sec. 13-43. Failure to obtain a permit.

Any person who shall commence any workwithout first obtaining a permit therefor shall, ifsubsequently permitted to obtain a permit, paytriple the permit fee prescribed for the work. Thisprovision shall not apply to emergency work asset forth in section 13-49 unless an unreasonabledelay in obtaining such permit occurs and then atriple fee shall be charged. The payment of atriple fee shall not preclude nor be deemed asubstitute for prosecution for commencing workwithout first obtaining a permit.

The removal of a grand tree without a permit isdeemed to be an irreparable and irreversibleviolation. A fine of up to fifteen thousand dollars($15,000.00) shall be imposed for the removal of agrand tree without a permit. The following factorsshall be considered in determining the amount ofthe fine:

(1) The gravity of the violation;

(2) Any actions taken by the violator to cor-rect the violation; and

(3) Any previous violations committed by theviolator.

In addition, any person removing a protectedor grand tree without a permit shall be requiredto replace the protected or grand tree with one or


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more recommended tree(s) on the same parcel (oron adjacent right-of-way) in accordance with sec-tion 13-165 of this chapter. The number and sizeof the replacement trees required to be plantedshall equal, on an inch for inch basis, the size(dbh) of the protected or grand tree(s) that wereremoved without a permit. If it is not possible torelocate or replace a protected or grand tree withrecommended tree(s) on the same parcel (or onadjacent right(s)-of-way), then a contribution shallbe made to the planning and development depart-ment tree trust fund in accordance with section13-165 of this chapter and Chapter 16 of thisCode.

Exception:

(1) Where extenuating circumstances justify,the Natural Resources Coordinator, or des-ignee may allow an extension of time forthe permit to be obtained in excess ofthree (3) business days.

(2) For just cause and in cases involvingextreme circumstances and unusual hard-ship, the Natural Resources Coordinator,or designee may waive the triple permitfee.

(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2001-90, § 3,4-5-01; Ord. No. 2002-262, § 1, 12-5-02; Ord. No.2006-74, § 2, 3-23-06; Ord. No. 2012-121, §§ 3, 6,11-1-2012)

Sec. 13-44. Permit—Site inspection and siteclearing; exemptions.

(a) Generally. No person shall commence anysite clearing, demolition or receive a buildingpermit for any development on a parcel in the cityuntil a permit is issued by the department inaccordance with this chapter to ensure such ac-tivity does not harm any protected tree, grandtree, drainage, soils or wetlands on that parcel. Ininstances where phased development is to occurpursuant to the terms of the city zoning code, aperson shall only be required to apply for a permitpursuant to the terms of this chapter for thatphase of the development that is proposed to bedeveloped.

(b) Exemptions. The following are exempt fromthis section:

(1) Commercial nurseries.

(2) Agricultural. Any bona fide agriculturaluse in furtherance of that use.

(3) Single-family and two-family lots. Single-family or two-family development on aparcel, excluding driveways, when thatdevelopment covers an area of less thanfive hundred (500) square feet and theapplicant signs an affidavit that no pro-tected trees or wetlands are located on theparcel within thirty (30) feet of the pro-posed development.

(4) Residential driveways less than seven hun-dred fifty (750) square feet. Residentialdriveways which cover less than sevenhundred fifty (750) square feet and theapplicant signs an affidavit that no pro-tected trees or wetlands are located on theparcel within thirty (30) feet of the pro-posed driveway.

(5) Temporary downtown park. Trees plantedon a parcel located in the central businessdistrict, as established in section 27-181,at any time while the parcel is madeavailable to the city or a non-profit entityfor use, but not permanently dedicated, asa public park shall be exempt from thisdivision:

(6) Certification of no protected trees or wet-lands. For all parcels not included insubsections (3) and (4) of these exemp-tions, the site inspection indicates that noprotected trees or wetlands are located onthe parcel within thirty (30) feet of theproposed development or driveway.

(c) Permits.

(1) Site inspection permit. Required for anyparcel not specifically exempt in subsec-tion (b) of this section.

(2) Site clearing permit. Required for anyparcel on which protected trees or wet-lands are located within thirty (30) feet ofproposed development as confirmed bythe site inspection.

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(d) Application generally. Any person wishingto obtain a permit under this section shall submitan application for site clearing. A permit shall beapplied for by the owner of a single- or two-familydwelling or of a parcel upon which a single- ortwo-family dwelling is to be built, a licensedlandscaping contractor, a licensed tree service, alicensed demolition subcontractor, a licensed housemoving subcontractor, a licensed paving subcon-tractor, a licensed excavation subcontractor, alicensed general contractor, a licensed buildingcontractor or a licensed residential contractor.

(e) Application for site clearing. The applica-tion for site clearing shall include the informationrequired by the Natural Resources Coordinator,or designee.

(f) Application for site clearing of underbrush/understory vegetation with no construction. Theapplication for site clearing of underbrush/under-story vegetation on a parcel where no construc-tion is occurring shall include the informationrequired by the Natural Resources Coordinator,or designee.

(g) Standards for review of application andgranting of permit. An application shall be ap-proved by the Natural Resources Coordinator, ordesignee and a permit for site clearing granted ifthe Natural Resources Coordinator, or designeedetermines that:

(1) The tree protection requirements for theproposed site clearing activities are con-sistent with the requirements of this chap-ter;

(2) The site clearing will not cause any ero-sion in violation of local or state law;

(3) The site clearing will not encroach uponany buffer for wetlands; and

(4) The following invasive species of plantmaterial shall be removed as part of thesite clearing permit activity: Schinusterebinthifolius (Brazilian pepper);Cupaniopsis anacardiodes (Carrotwood);Casuarina spp. (Australian pine);Melaleuca quinquenervia (Punk tree); andSapium sebiferum (Chinese tallow).

(h) On-site inspections. Before an on-site in-spection:

(1) All protected trees or grand trees to beremoved during land alteration and siteclearing shall be identified by red flag-ging,

(2) The rights-of-way of proposed roads, cor-ners of proposed buildings, location ofproposed drainage basins, manmade lakes,areas that require fill and other improve-ments shall be rough staked, and

(3) Protective barricades installed. If uponinspection trees to be removed, road rights-of-way, building corners, fill areas andother improvements have not been iden-tified, the inspection shall be suspendeduntil these preparations have been com-pleted.

(i) Inspection for compliance. Each permit forsite clearing shall state that the applicant shallnotify the department within forty-eight (48) hoursafter site clearing activity has been completed.The department shall inspect the site, and if theNatural Resources Coordinator, or designee deter-mines no violations have occurred, the depart-ment shall issue a final inspection release. Nofurther development activity of any nature shallcommence or be carried out on the parcel that isthe subject of the permit for site clearing until thefinal release has been issued.

(j) Duration of permit. Each permit for siteclearing approved shall provide that site clearingshall commence within six (6) months from thedate of issuance of the permit. If development isdelayed, an additional six (6) months shall beprovided through written request to the NaturalResources Coordinator, or designee. The permitshall expire and become null and void at the endof this period if the site clearing authorized hasnot commenced and occurred in a continuousmanner, has ceased or been interrupted at anytime after commencement or a transfer of owner-ship of the affected parcel has occurred.

(k) Work authorized for site clearing. The per-mittee is authorized to clear a site of brush and/orany trees which have been approved for removalby the department. Such work is authorized after


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a site inspection pursuant to section (c)(1) aboveand must take place in accordance with city codesincluding the technical standards.(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2006-74,§ 10, 3-23-06; Ord. No. 2012-121, § 3, 11-1-2012)

Sec. 13-45. Same—Tree removal and replace-ment and tree trimming; exemp-tions.

(a) When permits are required.

(1) Removal of protected trees. No person shallcut down, remove, relocate, damage, de-stroy or in any manner abuse any pro-tected tree in the city until a permit isissued by the department.

(2) Removal of grand trees. No person shallcut down, remove, relocate, damage or inany way abuse a grand tree, except asotherwise specifically and expressly pro-vided in this chapter.

(3) Tree trimming on public rights-of-way. Noperson shall trim branches four (4) inchesor greater in diameter measured twelve(12) inches from the base of the branchlocated on any protected or grand treelocated in a public right-of-way in the cityuntil a permit is issued by the city. Unlessspecifically allowed by the Natural Re-sources Coordinator, or designee in accor-dance with the standards set forth herein,all trimming of protected or grand treesshall be performed in accordance with the"American National Standard for TreeCare Operations, ANSI, A300, current edi-tion."

(4) Trimming of grand trees on private prop-erty. A permit shall be required prior tothe trimming of any grand tree on privateproperty. The city's Natural ResourcesCoordinator, or designee shall review allapplications to trim a grand tree and shallinspect the grand tree when the trimminghas been completed. Unless specificallyallowed by the city's Natural ResourcesCoordinator, or designee in accordancewith the standards set forth herein, alltrimming of grand trees shall be per-

formed in accordance with the "AmericanNational Standard for Tree Care Opera-tions, ANSI, A300, current edition."

(b) Exemptions. The following are exempt fromthe permitting requirements of this division:

(1) Commercial tree operation. Trees grownspecifically for sale by commercial nurser-ies.

(2) Commercial silviculture operation. Treesplanted and grown specifically for theproduction of lumber and its byproducts.

(3) Tree damaged or destroyed by naturaldisaster. Any tree irreversibly damaged ordestroyed by natural disaster pursuant tosection 13-49.

(4) Trimming of protected trees on privateproperty. The trimming of protected treeson private property.

(5) Trimming of trees by public utilities or theforestry division of the parks and recre-ation department. The trimming of grandor protected trees by public utilities or theforestry division of the parks and recre-ation department in accordance with sec-tion 13-7 of this chapter.

(6) Removal of trees in the public right-of-wayby the forestry division of the parks andrecreation department. The removal of pro-tected or grand trees from public right-of-way by the forestry division of the parksand recreation department in accordancewith section 13-7 of this chapter.

(7) Aviation public safety. The trimming orremoval of trees required by federal law,Florida State Law, or local airport zoningregulations (pursuant to Federal AviationAdministration Regulations), governingrunways, taxiways, aprons, runway pro-tection zones and approaches, air trafficcontrol towers, and aircraft navigationalaids for public safety, if the application forexemption has been approved in accor-dance with section 13-7(c)(1) of this chap-ter.

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(c) Permit applications generally. Any personwishing to obtain a permit under this sectionshall submit an application for tree removal andreplacement or an application for tree trimming,whichever is applicable. A permit shall be appliedfor by a person licensed to remove or trim trees inthe city. If no specific licensing requirements areestablished then a permit shall be applied for bythe owner of the parcel or a licensed landscapingcontractor, a licensed tree service, a licensed de-molition subcontractor, a licensed house movingsubcontractor, a licensed paving subcontractor, alicensed excavation subcontractor or a licensedgeneral contractor. The application shall includea fee as established by the city from time to timeto cover the costs of processing the application.Building permits shall not be issued without treeremoval permits, where applicable. Except asprovided in section 13-28 of this chapter, allapplications for a building permit shall include anaccurate survey or drawing (to scale) showing allexisting protected and grand trees located on aparcel and any protected or grand trees locatedwithin twenty (20) feet of the boundary of thatparcel.

(d) Application for tree removal and replace-ment permit. The application for tree removal andreplacement shall include the information re-quired by the Natural Resources Coordinator, ordesignee.

(e) Application for tree trimming permits. Theapplication for tree trimming shall include theinformation required by the Natural ResourcesCoordinator, or designee.

(f) Review of applications for tree trimmingand removal and replacement. The Natural Re-sources Coordinator, or designee shall determineif the application is complete. If it is determinedthat the application is not complete, the NaturalResources Coordinator, or designee shall notifythe applicant of the deficiencies. The NaturalResources Coordinator, or designee shall take nofurther action on the application until all deficien-cies have been resolved or otherwise settled. Oncethe Natural Resources Coordinator, or designeedetermines the application is complete, he shallconduct a field inspection of the site and deter-mine whether the application shall be approved.

(g) Standards for review of application for treeremoval and replacement.

(1) Intent. These regulations have been ad-opted to preserve and protect existinggrand and protected trees in the city.These regulations have also been adoptedto allow for the removal of grand andprotected trees if they are hazardous, caus-ing structural damage to the foundation,structural walls or roof structure of anexisting building or when necessary toallow for reasonable use of a parcel orproperty. If grand or protected trees areremoved, it is also the intent of theseregulations to require that those removedor protected trees be replaced in order topreserve the tree canopy in the city therebyprotecting the environment and enhanc-ing the natural beauty of the city. How-ever, it is not the intent of this chapter topreclude reasonable use of a parcel whenthe terms of these regulations are incon-sistent with the city's zoning code or toinordinately burden the reasonable use ofa parcel of property.

(2) General standards. In connection withthe review of applications for the removalof protected or grand trees the followinggeneral standards shall apply:

a. Hazardous trees. A hazardous treeshall be permitted to be removed.The determination of whether a grandor protected tree is hazardous shallbe made in accordance with the "treehazard evaluation form" which is"Exhibit I" at the end of this chapterand which is incorporated herein bythis reference. The tree hazard eval-uation shall be in writing and shallconclude whether the grand or pro-tected tree constitutes a hazardoustree. The city's Natural ResourcesCoordinator, or designee may alsorecommend the trimming of a grandor protected tree in lieu of removingthe grand or protected tree if trim-ming will adequately address thehazardous condition.


851Supp. No. 80

b. Reasonable use. A grand or protectedtree shall be permitted to be re-moved if the grand or protected treedenies or precludes reasonable useof a parcel of property. For purposesof this chapter, reasonable use shallmean an actual, present use or ac-tivity on a parcel of real property(including periods of inactivity whichare normally associated with, or areincidental to, the nature or type ofuse or activity), or such reasonablyforeseeable, nonspeculative land useswhich are suitable for the subjectparcel of property, which are compat-ible with adjacent land uses, andwhich have created an existing fairmarket value in the parcel of prop-erty greater than the fair marketvalue of the actual, present use oractivity on the parcel of property. Indetermining reasonable use of a par-cel of property the following factorsshall be considered:

1. The hazard evaluation of thetree based on the "tree hazardevaluation form" attached to thischapter as "Exhibit I" if one (1)is required by this chapter or isperformed at the request of theapplicant;

2. The land use classification ofthe parcel of property on whichthe tree is located;

3. The zoning of the parcel of prop-erty on which the tree is lo-cated;

4. Any prior or existing develop-ment on or use of the property(including the applicable zon-ing, permitting and subdivisionhistory of that parcel);

5. The impact of the grand or pro-tected tree(s) on the buildablearea of a parcel as shown by asurvey or drawing of the parcelof property (to scale) accuratelydepicting the location of thegrand or protected tree(s) in-

cluding the minimum protec-tive root zone required by thischapter around the tree(s) andits impact on the buildable areaof that parcel of property;

6. Any special circumstances af-fecting the development of thatparcel of property, includingwithout limitation, any unusualtopography and fill require-ments;

7. Existing uses or developmentpattern on similarly situatedproperty located adjacent to ornear the parcel of property inquestion;

8. Any effort by the permit appli-cant to redesign the proposeddevelopment, structure or usein a manner to retain or pre-serve the grand or protectedtree;

9. The tree regulations in effect atthe time the property owneracquired title to the parcel ofproperty; and

10. Any other information thatwould be pertinent in determin-ing whether the removal of agrand or protected tree is re-quired to allow reasonable useof a parcel including withoutlimitation, bona fide, valid ap-praisals of the fair market valueof the parcel of property in ques-tion and a bona fide valuationof the tree(s) to be removedbased on generally acceptedstandards (such as those pub-lished by the International So-ciety of Aboriculture).

c. Removal of grand tree causing struc-tural damage to existing building. Agrand tree shall be permitted to beremoved when the Natural ResourcesCoordinator, or designee makes adetermination that the grand treehas grown or likely will grow within

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one year in such a manner that it iscausing or will cause structural dam-age to the foundation, structural wallsor structural roof of an existing build-ing.

1. Demolition of the existing build-ing for which the grand treewas removed is prohibited for aperiod of two (2) years. No per-mit shall issue for demolition ofthe existing building for whichthe grand tree was removed fortwo (2) years from the date onwhich the application for grandtree removal was approved.

a. Upon submission of an ap-plication for removal of agrand tree under this sec-tion, the owner of the prop-erty shall sign and havenotarized an affidavitwhich affirms: (1) the rea-son for the removal of thegrand tree, (2) an acknowl-edgment of and agreementto the two-year morato-rium on demolition, and(3) consent to the filing ofthe signed affidavit withthe Clerk of Court forHillsborough County, thepurpose of which is to putall potential bona fide pur-chasers of said propertyon notice of the two-yearmoratorium. No permit forremoval of the tree shallbe issued without a signedaffidavit of the propertyowner.

2. Notwithstanding the above pro-vision, during the two-year pe-riod in which demolition of theexisting building for which thegrand tree was removed is pro-hibited, the owner of the sub-ject property or the propertyowner's authorized representa-tive may petition the city coun-

cil to permit demolition of thebuilding. The city council mayauthorize demolition of the sub-ject building upon a finding thatdemolition of the structure isnecessary for the public health,safety and welfare of the citi-zens of the City of Tampa, orprohibiting demolition will placeundue, unforeseeable financialburden on the owner, or for justcause and in cases involvingextreme circumstances and un-usual hardship that the citycouncil determines necessitatedemolition of the building. Thepetition shall be filed with thecity clerk and shall specify thegrounds for the petition, therelief desired, and the applica-ble provisions of this chapteron which the appeal is based.No permits allowing demolitionof the subject building shall beissued or approved while thepetition is pending unless theNatural Resources Coordina-tor, or designee determines de-molition of the building is im-mediately necessary for publicsafety. No fee shall be chargedby the city for the filing of anappeal under this provision.

d. Adverse impacts. All applications forthe removal of a protected or grandtree shall be reviewed to ensure that:(i) the removal of the protected orgrand tree is not injurious to thepublic health, safety and welfare;and (ii) the removal of the protectedor grand tree is consistent with theterms of this chapter and the city'scomprehensive plan. In connectiontherewith, all such applications shallbe reviewed to ensure that the re-moval of a protected or grand treeshall not:

1. Substantially lower the watertable on the parcel of property;


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2. Substantially lessen the abilityof natural assimilation of nutri-ents, pollutants, silt and othernoxious substances into theground or surface water on aparcel of property;

3. Substantially impact the exist-ing biological or ecological sys-tems on a parcel of property;

4. Substantially reduce availablewildlife habitat on a parcel ofproperty; or

5. Substantially reduce the fairmarket value of other parcels ofproperty located in the sur-rounding neighborhood. If sub-stantial and competent evidenceexists that the removal of aprotected or grand tree wouldhave any one (1) of the detri-mental impacts described above,then the issuance of a tree re-moval permit shall be condi-tioned upon the permit appli-cant taking actions as may benecessary to correct or to miti-gate the detrimental impactfrom the removal of the pro-tected or grand tree.

e. Relocation or replacement required.Any protected or grand tree that ispermitted to be removed shall beeither relocated or replaced with arecommended tree on the same par-cel of property (or on right-of-waylocated adjacent to the parcel) inaccordance with section 13-165 ofthis chapter unless otherwise ex-pressly exempted in this chapter. Ifit is not possible to relocate or re-place a protected or grand tree onthe same parcel (or on adjacent right-of-way), then the permit applicantshall make a contribution to thepark's department tree trust fund inaccordance with the terms of section13-165 of this chapter and Chapter16 of this Code.

(3) Protected trees, generally. An applicationfor tree removal and replacement shall begranted by the Natural Resources Coordi-nator, or designee when he determines.

a. That one (1) or more of the followingconditions exist:

1. The protected tree is deter-mined to be "hazardous" by thecity's Natural Resources Coor-dinator, or designee or the des-ignee of the city's Natural Re-sources Coordinator, or designeeafter a physical inspection ofboth the protected tree and theparcel on which the protectedtree is located in accordancewith subsection 13-45(g)(2)(a)of this chapter. The city's Nat-ural Resources Coordinator, ordesignee may delegate the re-sponsibility of determiningwhether a protected tree is haz-ardous to one (1) or more citystaff persons provided that thosestaff persons either:

(a) Are an International Soci-ety of Arboriculture certi-fied arborist; or

(b) Have been specificallytrained by the city's Nat-ural Resources Coordina-tor, or designee in connec-tion with the applicationof the "tree hazard evalu-ation form;"

2. The protected tree is located inan area where a structure orimprovement will be placed, orwhere a structure or improve-ment currently exists, and, ifnot removed, will deny reason-able use of the property or causeserious damage to an existingbuilding, as determined in ac-cordance with subsection 13-45(g)(2)(b) of this chapter; how-ever, for new construction if thedevelopment can be reasonably

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reconfigured to provide reason-able use, then such reconfigura-tion shall be made;

3. The protected tree is diseasedor injured to the extent it isirreparably damaged;

4. The protected tree creates un-safe vision on a public street orright-of-way and cannot betrimmed to correct the unsafevision;

5. The protected tree is requiredto be removed to remove un-healthy or damaged vegeta-tion;

6. The protected tree is requiredto be removed for an approvedinfrastructure improvement orstructure; (No more than thirty(30) percent of the protectedtrees on a parcel shall be re-moved for infrastructure im-provements for a subdivision);

7. The protected tree prevents ac-cess to a proposed structure oraccess to a necessary part of abuilding site, and a redesign ofthe development plan is not fea-sible;

8. The protected tree is located inan area where fill will be placedon a parcel pursuant to a devel-opment order and/or a grade-fill excavation permit has beenissued by the city and the ap-plicant has demonstrated it isnot reasonably practicable toutilize arboricultural techniquesto preserve a protected tree; or

9. The protected tree or trees willprevent the comprehensive im-plementation of the bona fideagricultural use; and

b. The Natural Resources Coordinator,or designee has determined that thepermit application complies with the

general standards contained in sub-section 13-45(g)(2)(c) and subsection13-45(g)(2)(d) of this chapter.

(4) Protected trees on nonwooded land.

a. For nonwooded land, all administra-tive permits shall require the reten-tion of fifty (50) percent of the pro-tected trees on a parcel, at aminimum, exclusive of wetlands.

b. All applications to remove more thanfifty (50) percent of the protectedtrees on a parcel of nonwooded landshall be reviewed and heard by thecity board having variance authorityin connection with the parcel ofnonwooded land at a public hearingin accordance with the procedure forvariances as set forth in Chapter17.5 of this Code. Any such applica-tion shall be reviewed by the appro-priate city board based on the vari-ance criteria in Chapter 17.5 of thisCode or the reasonable use criteriacontained in subsection 13-45(g)(2)(b)of this chapter.

(5) Protected trees on wooded land.

a. For wooded land, all administrativepermits shall require the retentionof the following percentages of theexisting protected trees on a parcel,exclusive of wetlands:

1. Single-family, two-family useand any use not otherwise spec-ified herein, a minimum of fifty(50) percent;

2. Multiple-family use, a mini-mum of forty (40) percent; and

3. Commercial and industrial uses,a minimum of twenty-five (25)percent.

b. All applications to retain less thanthe percentages of protected treeslisted above on a parcel of woodedland shall be reviewed by the appro-priate city board having varianceauthority in connection with the par-cel of wooded land at a public hear-


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ing in accordance with the procedurefor variances as set forth in Chapter17.5 of this Code. Any such applica-tion shall be reviewed by the appro-priate city board based on the crite-ria for variances in Chapter 17.5 ofthis Code or the reasonable use cri-teria contained in subsection 13-45(g)(2)(b) of this chapter.

(6) Grand trees.

a. Hazardous grand trees. The NaturalResources Coordinator, or designeeshall approve an application to re-move a grand tree that is deter-mined by the city's Natural Re-sources Coordinator, or designee ordesignated city certified arboristwithin the planning and develop-ment department to be hazardouspursuant to the following procedure:

1. Determination by the city's Nat-ural Resources Coordinator, ordesignee.

(a) Hazardous tree removal.The city's Natural Re-sources Coordinator, ordesignee or designated citycertified arborist withinthe planning and develop-ment department shall de-termine whether the grandtree is hazardous in accor-dance with subsection 13-45(g)(2)(a) of this chapterafter a physical inspectionof both the grand tree andthe parcel on which thegrand tree is located. Thephysical inspection andwritten determination asto whether the grand treeis hazardous shall be madeby the city's Natural Re-sources Coordinator, ordesignee or designated citycertified arborist withinthe planning and develop-ment department and shallnot be delegated to any

other city staff person. Thedirector of the planningand development depart-ment shall also review thepermit application to en-sure that it complies withthe general standards con-tained in subsection 13-45(g)(2)(c) and subsection13-45(g)(2)(d) of this chap-ter.

(b) Emergency hazardous treeremoval. If the city's Nat-ural Resources Coordina-tor, or designee or desig-nated city certified arboristwithin the planning anddevelopment departmentand the Natural ResourcesCoordinator, or designeedetermine immediate re-moval of a hazardous treeis necessary to protect thepublic health, safety andwelfare, the notice and stayprovisions described insubsections 2 and 3, be-low, shall not be requiredand the grand tree may beimmediately removed.

2. Notice. As part of the applica-tion to remove a grand treebecause it is hazardous, theproperty owner or the propertyowner's authorized representa-tive shall notify in writing allabutting property owners (ac-cording to the latest ad valoremtax records) and the registeredneighborhood organization forthe neighborhood in which theparcel of property is located (asdetermined by the city's neigh-borhood liaison office) of therequest by United States Mailas evidenced by a "certificate ofmailing" issued by the UnitedStates Post Office. In addition,immediately upon written ap-proval of the application to re-

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move the grand tree (if ap-proved), the property owner orthe property owner's autho-rized representative shall posta sign on the property statingthat the application to removethe grand tree has been ap-proved. The sign shall be postedin a conspicuous location on theproperty clearly visible from anypublic right(s)-of-way located ad-jacent to or contiguous with theproperty. Failure to comply withthese notice requirements shallinvalidate the administrativeapproval of the application forthe removal of a grand treebecause it is hazardous. Theproperty owner or the propertyowner's authorized representa-tive shall provide the NaturalResources Coordinator, or des-ignee with an affidavit togetherwith the certificate of mailingand photographs of the signevidencing compliance withthese notice requirements priorto the issuance of any permitfor the removal of a grand tree.

3. Stay period. If approved, theapplication to remove a grandtree shall not be effective andthe project shall not be eligiblefor issuance of any applicablepermits including a permit toremove the grand tree for two(2) weeks (fourteen (14) calen-dar days) from the date of thewritten approval, or the dateall other necessary project ap-provals have been received,whichever is later.

4. Conditions. Reasonable condi-tions may be imposed upon anyapproved application to removea grand tree to ensure that thepublic health, safety and gen-eral welfare are protected andsubstantial justice is done. A

violation of any imposed condi-tions shall be a violation of thischapter.

5. Appeal. The property owner, theproperty owner's authorized rep-resentative and any party thatis entitled to notice of the ap-plication by mail as requiredabove may appeal the adminis-trative approval or denial of anapplication to remove a grandtree because it is hazardous tocity council by filing writtennotice of appeal with the cityclerk within fourteen (14) cal-endar days of the date the ap-plication to remove a grand treebecause it is hazardous is ap-proved or denied in writing.The notice of appeal shall spec-ify the grounds for the appeal,the relief desired, and the ap-plicable provisions of this chap-ter on which the appeal is based.The city council shall apply ade novo standard of review andshall not be limited in its re-view to that information, docu-mentation or evidence uponwhich the Natural ResourcesCoordinator, or designee basedthe determination. No permitsallowing the removal of thegrand tree shall be issued orapproved while an appeal ispending. The person making theappeal shall notify the propertyowner, the property owner's au-thorized representative (if any),and all persons receiving noticeof the application under thissubsection of the appeal by pro-viding them with a copy of thenotice of the appeal and noticeof the hearing date for the ap-peal in writing by a "certificateof mailing" through the UnitedStates Post Office at least ten(10) calendar days prior to theappeal hearing date. The per-


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son making the appeal shallprepare an affidavit showing: i.the parcels of property that abutthe subject property; ii. thenames of the owners of suchparcels of property; and, iii. thedate and post office address towhich each copy of the noticewas mailed. The affidavit shallbe filed with the city clerk notless than three (3) days prior tothe date of the public hearing.Failure to comply with thesenotice requirements shall re-sult in a dismissal of the appealby city council with prejudice.

6. Quarterly report. The NaturalResources Coordinator, or des-ignee, on a quarterly basis, shallmail a copy of the list of ap-proved applications to removehazardous grand trees to allorganizations requesting suchinformation. The list will spec-ify the size, specie and locationof the trees.

7. Monthly report. The Natural Re-sources Coordinator, or desig-nee, on a monthly basis, shallsubmit a report summarizingthe size, location and specie ofhazardous grand trees removedpursuant to an administrativelyapproved permit application toremove a grand tree with acopy of the city's Natural Re-sources Coordinator, or desig-nee's tree hazard evaluation toeach of the city boards autho-rized to grant variances and tocity council.

b. Reasonable use. Permit applicationsfor the removal of a grand tree be-cause the grand tree allegedly de-nies reasonable use of a parcel ofproperty shall be submitted to andconsidered by the city board havingvariance authority in connection withthat parcel of property pursuant to

Chapter 17.5 of this Code. In connec-tion therewith, the permit applicantshall also state in his, her or itsapplication whether a variance ofany setback, height or similar zon-ing restriction would allow reason-able use of the parcel of propertywhile preserving the grand tree. Ifso, the permit application shall alsorequest a variance of any such appli-cable setback, height or similar zon-ing restriction as an alternative tothe application to remove the grandtree. The permit application shall benoticed by the applicant and shall beconsidered by the appropriate cityboard in the same manner as a vari-ance request; provided, however, thedetermination as to whether a grandtree denies reasonable use of a par-cel of property shall be made by theappropriate city board based on thecriteria set forth in subsection 13-45(g)(2)(b) of this chapter. If it ispossible to redesign a use or a devel-opment to preserve a grand tree andto allow for reasonable use of a par-cel without a variance, then the ap-plicant shall redesign the project.The appropriate city board shall alsoreview the permit application to en-sure that it complies with the gen-eral standards contained in subsec-tion 13-45(g)(2)(c) and subsection 13-45(g)(2)(d) of this chapter.

(7) Work authorized under tree removal per-mit. The permittee is authorized to re-move the tree or trees described in hispermit application after an approved in-spection.

(h) Standards for review of tree trimming ap-plications.

(1) Criteria for approval. An application fortree trimming of branches on a protectedtree or grand tree shall be granted by thecity if:

a. The branches are diseased or in-jured;

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b. The branches are in danger of fallingtoo close to an existing utility facil-ity;

c. The branches create unsafe visionon a public street or right-of-way;

d. The removal of the branches arerecommended by the city's NaturalResources Coordinator, or designeeor his designee in order to remedy ahazardous situation in lieu of remov-ing the tree; or

e. Removal of the branches is neces-sary to promote the general health,safety and welfare of the community.

All trimming of protected trees and grandtrees shall be done by a properly licensedcompany or person.

(2) Tree trimming standards. All protected orgrand trees shall be trimmed in a mannerconsistent with the "American NationalStandard for Tree Care Operations, ANSI,A300, current edition" except that theNatural Resources Coordinator, or desig-nee may allow variations from this stan-dard if:

a. The purpose of the variation is topreserve the tree canopy thereby re-ducing the amount of trimming thatwould be otherwise be required un-der "American National Standard forTree Care Operations, ANSI, A300,current edition;" and

b. The variation will not materially andadversely affect the health of thetree being trimmed.

(3) Work authorized under tree trimming per-mit; violations. The permittee is autho-rized to prune branches of a protected orgrand tree in accordance with the specifi-cations of this City Code.

If the permittee violates the specificationof this Code so that the protected tree isdamaged to the extent that it is consid-ered either a hazardous tree or its healthis endangered, then the permittee shallbe required to plant replacement trees as

if the tree had been removed without apermit pursuant to section 13-43 of thischapter.

If the permittee violates the specificationsof this Code so that the grand tree isdamaged to the extent that it is eitherconsidered a hazardous tree or its healthis endangered, then the permittee shallbe required to pay a fine of up to fifteenthousand dollars ($15,000.00) and to plantreplacement trees as if the tree had beenremoved without a permit pursuant tosection 13-43 of this chapter. The follow-ing factors shall be considered in deter-mining the amount of the fine:

a. The gravity of the violation;

b. Any actions taken by the violator tocorrect the violation; and

c. Any previous violations committedby the violator.

(i) Inspection for compliance. Each permit ap-proved shall state that the applicant shall notifythe department within forty-eight (48) hours aftertree removal, relocation or replacement or thetrimming of protected or grand tree branches hasbeen completed. The Natural Resources Coordi-nator, or designee shall inspect the site and, if noviolations have occurred, issue a final inspectionrelease.

(j) Duration of permit. Each permit approvedshall provide that work shall commence withinsix (6) months from the date of issuance of thepermit. If the development is delayed, an addi-tional six (6) months shall be provided throughwritten request to the Natural Resources Coordi-nator, or designee. The permit shall expire andbecome null and void at the end of this period ifthe work authorized has not commenced.

(k) Posting of permit. Each permit approvedpursuant to the terms of this section 13-45 shallbe conspicuously posted on the property wherethe affected tree(s) are located so that the permitis clearly visible from any adjacent public rights-of-way.(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2001-90, § 4,4-5-01; Ord. No. 2002-80, § 1, 3-28-02; Ord. No.2002-161, § 1, 8-1-02; Ord. No. 2002-262, § 2,


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12-5-02; Ord. No. 2004-129, § 3, 5-27-04; Ord. No.2005-255, § 3, 9-15-05; Ord. No. 2006-74, §§ 1—6,11, 3-23-06; Ord. No. 2008-27, § 3, 2-21-08; Ord.No. 2012-121, §§ 3, 5, 6, 11-1-2012)

Sec. 13-46. Same—Final inspection.

Prior to the approval of a final inspectionpermit on the parcel, the Natural Resources Co-ordinator, or designee shall perform a final land-scape inspection to verify compliance with theapproved landscape and tree planting plan for theparcel. If the parcel is in compliance, the depart-ment shall approve the final landscaping permit.(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2012-121,§ 3, 11-1-2012)

Sec. 13-47. Same—Revocation.

The Natural Resources Coordinator, or desig-nee may revoke permits issued by him uponfinding that:

(1) The permit was issued by mistake of lawor fact;

(2) The permit is for work which violates theprovisions of this chapter;

(3) The permit was issued upon a false state-ment or misrepresentation by the appli-cant;

(4) The permit violates any ordinance of thecity or any state or federal law, rule orregulation;

(5) The work is not being performed in accor-dance with the provisions of this chapter;

(6) The certificate of competency or license ofthe permittee has become invalid by rea-son of expiration, suspension, revocationor otherwise;

(7) The work is not being performed underthe supervision of the holder of the certif-icate or license upon which the same wasissued;

(8) The work is not being done in accordancewith the terms of the permit, the plans orthe application upon which the same wasissued; or

(9) Payment of the permit fee was not ef-fected due to insufficient funds or anyother reason.

(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2012-121,§ 3, 11-1-2012)

Sec. 13-48. Same—Nontransferability.

A permit shall not be transferable from onepermittee to another and the issuance of a permitfor certain work shall not preclude the issuance ofa subsequent permit for the same work or for thecompletion of the work.(Ord. No. 97-34, § 2, 2-6-97)

Sec. 13-49. Same—Emergency provision.

(a) Only if a protected tree imposes an imme-diate and serious safety problem to the commu-nity may it be removed or damaged before apermit is approved such as when failure to com-mence the work immediately would clearly placelife or property in imminent danger.

(b) A permit for removal or damage of a pro-tected tree pursuant to the terms of this chaptershall be obtained within three (3) days after it hasbeen removed or damaged.

(c) For just cause and in cases involving ex-treme circumstances and unusual hardship, theNatural Resources Coordinator, or designee maywave the permit fee.(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2012-121,§ 3, 11-1-2012)

Sec. 13-50. Inspections and approvals.

Activities regulated by this chapter shall besubject at all times to inspection by the city. TheNatural Resources Coordinator, or designee mayrequire documents, drawings or certificates nec-essary to effect compliance with this chapter.(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2012-121,§ 3, 11-1-2012)

Cross reference—Inspections generally, § 1-27.


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ARTICLE II. SANCTIONS; APPEALS;BOARDS

DIVISION 1. ACTION AUTHORIZED TOMITIGATE VIOLATIONS

Sec. 13-66. Stop work and emergency or-ders.

(a) Generally. Upon written notice from theNatural Resources Coordinator, or designee, workon any development that is being done contrary tothe provisions of this chapter or in a dangerous orunsafe manner shall immediately cease. Suchnotice shall be hand delivered to the owner of theproperty, his agent or the person doing the workor posted at the job site and shall state theconditions under which work may resume.

(b) Emergencies. Where an emergency exists,oral notice by the Natural Resources Coordinator,or designee to the owner of the property, his agentor the person doing the work shall be sufficient torequire the work to immediately cease.(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2012-121,§ 3, 11-1-2012)

Sec. 13-67. Enforcement authority and rem-edies.

(a) Authority. The Natural Resources Coordi-nator, or designee shall have the power and dutyto enforce all provisions of this chapter. Anyaction taken by the Natural Resources Coordina-tor, or designee pursuant to this chapter to en-force any section hereof shall be in addition toother penalties and remedies provided elsewhereby ordinance or law.

(b) Criminal penalties. Any person who vio-lates the provisions of this chapter shall be sub-ject to penalties as specified in Chapter 1 of thisCity Code.

(c) Civil remedies. In addition to the criminalpenalties provided for violation of this chapter,either or both the city council or the departmentshall have the right to institute any appropriateaction or proceeding against the violator includ-ing, but not limited to, prosecution before the codeenforcement board or a civil action for damagesequal to the total value of installing or replacing

any landscaped area or recommended, grand treeor protected tree which was damaged or destroyedor was not properly installed or replaced or anyother damage or cost which would be incurred inorder to bring the parcel into compliance with thischapter. In addition, the city council or any ag-grieved person shall have the right to apply to thecircuit court of the county to enjoin or restrainany person from violating the provisions of thischapter.(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2001-90, § 5,4-5-01; Ord. No. 2012-121, § 3, 11-1-2012)


DIVISION 2. APPEALS*

Sec. 13-91. Review method.

Except as provided in section 13-45(g)(6), re-quests to review any order, requirement, decisionor determination made by any administrativeofficial or any staff member of the departmentshall be in accordance with section 1-19, City ofTampa Code of Ordinances.(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2001-90, § 6,4-5-01; Ord. No. 2005-255, § 4, 9-15-05; Ord. No.2011-12, § 1, 1-20-2011, eff. 2-1-2011)


DIVISION 3. BOARD

Sec. 13-111. Boards authorized to grant vari-ances.

(a) Variance review board. Except as providedin subsections (b) and (c) below, the variancereview board ("VRB") established pursuant toChapter 27, Zoning and Land Development, shallhave the authority to hear and grant variancesfrom any of the terms and requirements of thischapter; provided, however, that the VRB shallnot waive in its entirety any section of thischapter, and shall not waive any requirements ofthe technical manual adopted pursuant to thischapter.

*Cross reference—Appeals generally, § 1-19.


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(b) Architectural review commission. In anyhistoric districts or landmark sites designated bythe architectural review commission ("ARC") pur-suant to Chapter 27, Zoning and Land Develop-ment, the ARC shall have the authority to hearand grant variances from any of the terms andrequirements of this chapter; provided, however,that the ARC shall not waive in its entirety anysection of this chapter, and shall not waive anyrequirements of the technical manual adoptedpursuant to this chapter.

(c) Barrio Latino Commission. In the YborCity Historic District, as designated and definedin Chapter 27, Zoning and Land Development,the Barrio Latino Commission ("BLC") shall havethe authority to hear and grant variances fromany of the terms and requirements of this chap-ter; provided, however, that the BLC shall notwaive in its entirety any section of this chapter,and shall not waive any requirements of thetechnical manual adopted pursuant to this chap-ter.(Ord. No. 97-34, § 2, 2-6-97)


ARTICLE III. TECHNICAL PROVISIONS

DIVISION 1. AUTHORITY TOESTABLISH/PUBLISH TECHNICAL

STANDARDS

Sec. 13-131. Technical standards may be es-tablished.

The Natural Resources Coordinator, or desig-nee may establish technical standards settingforth:

(1) Administrative guidelines governing theenforcement of this chapter;

(2) Requirements not specifically addressedin this chapter but necessary to effectuatethe purposes of this chapter; and

(3) Any other information needed for the uni-form and orderly administration of thischapter.

Such standards are to be published in a tech-nical manual, which manual shall be on file in theoffice of the city clerk at least seven (7) days priorto adoption thereof and shall be made available tothe public for inspection and for duplication atcost.(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2012-121,§ 3, 11-1-2012)

Cross reference—Requirements not covered by city codemay be required by the official, § 1-17.


DIVISION 2. ADOPTION OF STANDARDS BYREFERENCE

Sec. 13-146. Technical standards adopted.

The technical standards set forth in the Treeand Landscape Code Technical Manual, July 6,2005 Edition, on file in the office of the city clerk,are herein adopted by reference and, therefore,have the force and effect of law.(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2006-74,§§ 2, 12, 3-23-06)


DIVISION 3. SPECIFIC TECHNICALREQUIREMENTS


Editor’s note—Ord. No. 2012-121, §§ 7—9, adopted No-vember 1, 2012, repealed §§ 13-161—13-163, which pertainedto landscape and tree planting requirements, standards, wet-lands protection and buffer; exemptions and derived from Ord.No. 97-34, § 2, 2-6-97; Ord. No. 2002-33, § 5, 1-24-02; Ord. No.2006-74, §§ 2, 14—16, 3-23-06; Ord. No. 2008-111, § 3, 6-26-08.For similar provisions see section 27-285, 27-285.1, 27-286.

Sec. 13-164. Tree protection standards.

Development on parcels shall comply with thefollowing tree protection requirements:

(1) Protective barricades shall be placedaround all protected trees and grand treesduring site clearing to create a protectiveroot zone and shall remain in place untilland alteration, site clearing and construc-tion activities are complete. Barricadesfor the protective root zone shall be erected

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at a minimum distance of ten (10) feetfrom the edge of trunk of protected treesand twenty (20) feet from the edge oftrunk of grand trees.

(2) A minimum distance of ten (10) feet fromall protected trees and twenty (20) feetfrom all grand trees shall be maintainedwhen installing underground utilities. Ifthis results in unreasonable hardship, asoil auger shall be used to tunnel underthe root systems.

(3) Installation of artificial barriers such asprotective barricades, fences, posts or wallsshall not destroy or irreversibly harm theroot system of projected trees and grandtrees. Footers for walls shall end at thepoint where larger roots are encountered,and the roots shall be bridged. Post holesand trenches located close to protectedtrees or grand trees shall be adjusted toavoid damage to major roots.

(4) All roots to be removed during the siteclearing phase shall be severed clean atthe perimeter of the designated protectiveroot zone.

(5) A two-inch layer of mulch shall be appliedover the surface of exposed roots of pro-tected trees and grand trees during thesite clearing phase.

(6) A protective dry well and drainage/aera-tion system shall be provided where pro-tected trees or grand trees will be ad-versely affected by raising the grade.

(7) A protective retaining wall shall be con-structed at the perimeter of the protectiveroot zone around a protected tree or grandtree where the protected tree or grandtree will be adversely affected by loweringthe grade.

(8) All trimming of protected trees and grandtrees during development shall be done bya qualified, licensed tree service.

(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2006-74, § 5,3-23-06)

Sec. 13-165. Tree removal, relocation or re-placement.

(a) Relocation or replacement generally. As acondition of the granting of a permit or thegranting of approval, the applicant shall relocatethe protected trees, replace the protected trees orgrand trees with recommended trees, or contrib-ute recommended trees or the protected trees tothe planning and development department's treetrust fund in accordance with the provisions ofthis section.

(b) Relocation. Relocation shall be accom-plished by relocating the protected tree on landunder the same ownership which is to be devel-oped pursuant to the same development order oron a right-of-way contiguous to the parcel. Relo-cation shall be made immediately, but at leastwithin two (2) years after removal of a protectedtree.

(c) Replacement. Replacement shall be accom-plished by planting the number, size and speciesof a recommended tree pursuant to provisions ofthis chapter on land under the same ownershipwhich is to be developed pursuant to the samedevelopment order or on a right-of-way contigu-ous to the parcel.

(d) Contribution. Contribution shall be accom-plished by paying the value as determined byChapter 16 of the city code of the required num-ber of replacement trees to the planning anddevelopment department's tree trust fund. A creditshall be provided for purposes of contribution foreach inch of d.b.h. of protected trees and grandtrees remaining on the parcel and each inch ofd.b.h. of protected trees relocated on the parcel orelsewhere, as allowed by this division, above thatnumber of inches of d.b.h. of protected trees orgrand trees removed from the parcel. In makingthis determination, the department shall use thetree equivalency table in Schedule E of subsection(f) below. A protected tree cannot be contributed,unless the minimum number of protected trees,grand trees or tree equivalents are already lo-cated on the parcel.

(e) Relocation, replacement or contribution forinfrastructure improvements. Relocation, replace-ment or contribution shall be accomplished where


863Supp. No. 80

removal of protected trees or grand trees hasoccurred relating to infrastructure improvementsin the following manner:

(1) On wooded lands by relocating protectedtrees or replacing with recommended treesin the rights-of-way from which the pro-tected trees or grand trees are removed onthe average of two (2) shade trees forevery forty (40) linear feet of road or byreplacing, relocating or contributing thirty(30) percent of the number of the pro-tected trees or grand trees removed, pro-vided all other requirements of this chap-ter are met.

(2) On nonwooded lands by relocating pro-tected trees or replacing with recom-mended trees in the right-of-way fromwhich the protected trees or grand treesare removed on the average of two (2)shade trees for every forty (40) linear feetof road or by relocating, replacing or con-tributing fifty (50) percent of the numberof the protected trees or grand trees re-moved, provided all other requirements ofthis chapter are met.

(f) Tree equivalency credit for removal or re-placement. In determining the number and size oftrees that shall be used in the contribution for orreplacement of the protected tree or grand tree,the tree equivalency table in Schedule E belowshall be used. At least fifty (50) percent of thereplacement trees planted on a parcel shall beshade trees. At least fifty (50) percent of thereplacement trees planted on a parcel shall benative trees. Palm trees shall be replaced one (1)for one (1) with recommended trees.

Schedule ETree Equivalency Table

Diameter (inches)/Dripline (feet) ofProtected Tree

Multiplierfor Credit

Multiplierfor Debit

5″—7″/10′—19′ 0 08″—12″/20′—29′ 1 113″—19″/30′—39′ 2 220″—29″/40′—59′ 4 430″ and up/60′ ormore

10 Inch per inch

All palms 1 1

(g) Tree species for replacement. The species oftree that shall be used in the contribution orreplacement of a protected tree or grand tree shallbe any of those listed in Schedule C as located andexplained in section 13-162.

(h) Tree planting requirements. In the reloca-tion of a protected tree or the replacement of aprotected tree or grand tree with a recommendedtree, the following criteria shall be met:

(1) All trees used shall be vigorous, wellshaped, branched and foliated, and shallbe graded state department of agricultureNursery Grade No. 1 or better, as outlinedby the state Division of Plant Industry,Grades and Standards for Nursery Plants,third edition, 1973, as revised from timeto time, and Grades and Standards forNursery Plants, Part II, Palms and Trees,third printing, 1975, as revised from timeto time.

(2) All trees shall be planted in accordancewith the specifications described in thestate Department of Agriculture and Con-sumer Services, Division of Forestry, "TreeProtection Manual for Builders and De-velopers," October, 1980.

(3) A pervious area with a minimum radius often (10) feet shall be provided around allprotected trees.

(4) Seventy-five (75) percent of the recom-mended trees shall be of those specieswhich will provide similar or better wild-life habitat, shade, erosion control or wa-ter purification as the existing species.

(i) Protected, relocated or replaced trees—Inspection. All required landscaping, relocated orreplaced trees shall be certified as healthy at six(6) months after planting by the landscape archi-tect, engineer, or architect of record for the devel-opment. Any required plant material that is foundto be in declining condition shall be replacedwithin thirty (30) days of notification by thedepartment. If replacement is necessary, recerti-fication shall be submitted to the department atsix (6) months after replacement.


864Supp. No. 80

(j) Same—Maintenance. The owner of the par-cel shall be responsible for the maintenance of allprotected, grand, relocated or replaced trees.(Ord. No. 97-34, § 2, 2-6-97; Ord. No. 2006-74, § 2,3-23-06; Ord. No. 2012-121, § 6, 11-1-2012)


865Supp. No. 80

EXHIBIT I

TREE HAZARD EVALUATION FORM

Failure potential (4 points)

Failure potential identifies the most likely fail-ure and rates the likelihood that the structuraldefects(s) will result in failure within the in-spection period. Examples of ratings are:

1. Low: defects are minor (e.g. dieback oftwigs, small wounds with good woundwooddevelopment).

2. Medium: defects are present and obvious(e.g. cavity encompassing ten (10) to twen-ty-five (25) percent of the circumference ofthe trunk, condominant stems withoutincluded bark).

3. High: numerous and/or significant defectspresent (e.g. cavity encompassing thirty(30) to fifty (50) percent of the circumfer-ence of the trunk, multiple pruning woundswith decay along a branch).

4. Severe: defects are very severe (e.g. heartrotdecay conks along the main stem. Cavityencompassing more than fifty (50) percentof the trunk.

Size of defective part (4 points)

Size of defective part rates the size of the partmost likely to fail. The larger the part thatfails, the greater the potential for damage.Therefore, the size of the failure affects thehazard potential. Examples are:

1. Most likely failure less than six (6) inches(fifteen (15) cm) in diameter.

2. Most likely failure six (6) to eighteen (18)inches (fifteen (15) to forty-five (45) cm) indiameter.

3. Most likely failure eighteen (18) to thirty(30) inches (forty-five (45) to seventy-five(75) cm) in diameter.

4. Most likely failure greater than thirty(30) inches (seventy-five (75) cm) in diam-eter.

Target rating (4 points)

Target rating rates the use and occupancy ofthe area.

1. Occasional use: (e.g. jogging/cycling trial).

2. Intermittent use: (e.g. picnic area, day-useparking).

3. Frequent use secondary structure: (e.g.seasonal camping area, storage facilities).

4. Constant use, structures: (e.g., year-rounduse for a number of hours each day, resi-dences).

The points in each category are added to obtainthe overall hazard rating, with twelve (12)being the maximum value.

Hazard Rating = Failure Potential + Sizeof Part + Target Rating

Hazard = Failure + Size of Part + TargetRating

The assignment of a rating is made with three(3) considerations in mind:

• Length of evaluation cycle

• Level of resolution required by the goalsof the hazard management program

• Past history and rating

If records are not available and not employedin the process, then the rating reflects only one(1) moment in time, rather than the long-termdevelopment of the tree.

Ratings have only relative meaning, i.e., a treerated an 11 has a greater hazard potential thanone (1) rated a five (5). By definition, a treerated a twelve (12) represents a significanthazard. But abating this hazard could be assimple as removing the target.

(Ord. No. 2001-90, § 7, 4-5-01)


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