15-1419 Amending ULDR, Part III, Tree Protection

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Notwithstanding, in case of emergencies involving natural disasters such as, but not limited to, flood, freeze or other natural disasters, the requirements of this ordinance may be waived by the Administrative Official. Section 3 -14.3. Permit required for removal. No person directly or indirectly, shall cut down, destroy, remove, relocate or effectively destroy through damaging any tree situated on any real property, or clear any lot or acreage located within the City, without first obtaining a permit as provided in this provision. Where a permit is issued for removal of a tree, a tree replacement determination must be made in accordance with Section 3 -14.7. Tree replacement requirements. A. Exemptions to tree protection requirements and permitting. The terms and provisions in this Article shall apply to all real property lying within the City except: 1. Public protection. Trees which pose an immediate and direct threat to persons or property may be given verbal authorization by staff and a written permit shall be issued after the fact. 2. Nurseries. All trees and plants within a licensed plant or tree nursery shall be exempt from the terms and provisions of this Article only if trees are planted and growing on the premises of the licensee and are for sale or intended sale to the general public in ordinary course of the licensee's business. 3. Other exemptions. The following trees are also exempt: a. Undesirable trees, as specified in the Florida Exotic Pest Plant Council (FEPPQ Invasive Plant List_ b. Trees less than six inches caliper — unless newly planted as part of an approved landscape plan. c. Trees (except specimen trees) that are so located as to prevent construction of an approved building or structure so long as the City determines that the applicant has demonstrated reasonable consideration in attempting to avoid the loss of trees in planning the precise location of proposed structures. d. Trees existing on lots upon which single - family dwellings (including duplexes) exist unless such trees are being cleared in contemplation of the erection of any residence or commercial or industrial structure. (This does not include Single family, duplex or town homes which are part of a development with an approved landscape plan.) B. Criteria for issuance of permits. The issuance of a permit for tree removal as required by this Article shall be based on the following criteria: 1. Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury that: a. Pose a safety hazard to people, buildings or other improvements on a lot or parcel of land; Ordinance 15 -1419 Page 3