§ 54-589. Tree planting, relocation, or replacement.

(1)

Conditions. As a condition of granting a Tree Permit, the Applicant may be required, where practical, to plant Trees, relocate the Tree(s) being removed or replace the Tree(s). The replacement(s) shall: have at least equal shade potential and other characteristics comparable to those of the Tree(s) removed, be a minimum of eight feet high at time of planting, have the potential of at least a 15-foot crown, be a species protected by this article, and be Florida Department of Agriculture Nursery Grade #1 or better. A Master Tree List of acceptable replacement Trees will be on file in the Administrator's office, and will be attached to Tree Permits that require planting. Alternatives with respect to size and species may be approved if the Applicant demonstrates that such substitutions will be consistent with the purposes of this article. Written approval from the Administrator is required prior to planting any alternative Tree.

(2)

Tree planting.

(a)

Tree Permits with Tree Removal. In connection with the removal of any Tree(s) pursuant to a Tree Permit, a minimum number of replacement Trees shall be required based on the following square footage areas. A minimum of one Tree will be required for each 2,000 square feet of the parcel for which a Tree Permit has been issued.

1.

Trees Within a CRPZ. For Tree Removal within a CRPZ, the Tree planting ratio contained in Section 54-589(2)(a) may not be applicable. The Administrator shall determine on a case-by-case basis whether replanting is practical and necessary to maintain the value and function of the Canopy Road.

2.

Trees Within a Right-of-Way. For Tree Removal within a Right-of-Way, there is no replanting requirement.

(b)

Tree Permits on Properties with No Trees. When Development is proposed on a property with no existing Trees, the following Tree planting requirements shall be applicable:

1.

Residential Properties.

a.

Less than one-half acre. One Tree shall be planted for each 2,000 square feet of the property.

b.

Greater than one-half acre. A minimum of 11 Trees shall be planted.

c.

Alternative to planting on residential lots. When subdividing a property, the Administrator may approve a request to plant Trees on a common tract or tracts within the same subdivision in lieu of planting on Lots, or a combination thereof. The total amount of Trees planted for the subdivision, shall be equal to or greater than one Tree planted for each 2,000 square feet for all of the residential Lots combined that are located within the subdivision. If this alternative is proposed, the following criteria shall apply:

(i)

The planted Trees shall not be located within a preservation area;

(ii)

The planted Trees shall be located adjacent to a native habitat area or a community park; and

(iii)

The planted Trees shall be required to be maintained in perpetuity.

2.

Commercial Properties. One Tree shall be planted for each 2,000 square feet of the property.

(c)

Tree Permits with No Impacts to Trees. When Development is proposed on a property with existing Trees, but no impacts are proposed, the Applicant shall adhere to the requirements contained in Section 54-589(2)(b). Native Trees in good condition protected as part of a Tree Permit may be counted toward the total number of Trees required to be planted.

(d)

Grand Trees. All Grand Trees shall be replaced on a DBH inch for DBH inch basis. When the Administrator determines that site-specific conditions limit or prevent the replacement of Trees on-site (e.g., exceeding the one Tree for each 2,000 square feet replanting requirement), the applicant shall pay $200.00 per DBH inch not replanted to the reforestation special revenue fund.

(e)

Excavations. For excavations of greater than 50,000 cubic yards, and for which a minor or major earthmoving permit is issued pursuant to Chapter 54, Article XII of the Sarasota County Code of Ordinances, the replanting requirement shall be reduced to a minimum of five Trees per acre, except that all such excavations that were issued earthmoving permits prior to June 8, 1998, shall not be subject to these replacement requirements. However, any Tree(s) left in good growing condition on the site shall be counted toward these minimum numbers.

(f)

Replacement Tree Selection. Selection of replacement Trees, their number and species shall be determined by analysis of Tree canopy cover, spatial limitations, other characteristics and soil conditions of the Lot.

(g)

Tree Planting Requirements. The following shall be applicable to all Tree plantings required pursuant to this article:

1.

Replacement Trees shall be a species of similar height and crown spread, Florida #1 or better quality as per Grades and Standards for Nursery Plants (Florida Department of Agriculture and Consumer Services). All replacement Trees shall be a minimum of eight feet in height when planted, and have a trunk diameter of at least two inches (measured at six inches above the ground). Trees must be a minimum of 25-gallon container size or have a minimum two-foot root ball if field grown.

2.

Trees shall be placed so that they will develop freely and at maturity will not crowd utility lines or other structures. The root ball must be planted at the proper height and in accordance with accepted nursery standards. Trees shall have a mulched bed a minimum of three feet in diameter and three inches deep to conserve water and promote growth.

3.

If Trees need to be staked, it shall be done in a manner that will not injure the Tree. The straps attached around the trunk shall be a broad, soft material and shall be tied loosely enough to allow movement of the trunk in the wind.

4.

If greater than ten Trees are required to be planted on a site, a minimum of three species shall be planted with no one species comprising more than 50 percent of the total numbers of Trees planted.

(h)

Single-Family Tree Plantings. For single-family platted Lots, the Administrator may approve the on-site relocation of a Tree planted pursuant to a Tree Permit. The County may also approve a different species of Tree to be replanted.

(i)

Tree planting and other landscaping within a Right-of-Way. When private installation of Trees or landscaping within a Right-of-Way is proposed, a maintenance agreement will be required in addition to a Right-of-Way Use Permit. The maintenance agreement shall be in a form satisfactory to the Administrator and may include insurance, performance assurances, and other provisions deemed necessary by the Administrator to protect the interests of the public.

(3)

Tree bank. Where a Tree(s) is (are) to be removed under the provisions of this article, the County shall have the option, with the Applicant's permission, to relocate the Tree(s) (not being relocated within the property) at the County's expense. If the County does not elect to relocate any such Tree, it may give the School Board or any municipality within the County the right to acquire any such Tree(s) at the School Board's or municipality's expense for Relocation. The relocation shall be accomplished within 15 working days of the issuance of a Permit, unless it is necessary to root prune the Tree(s) to assure survival, in which case the relocation shall be accomplished within 30 working days of the issuance of a Permit or other suitable schedule as agreed to by the Applicant and Administrator.

(4)

Credit for other plantings. Trees planted in compliance with the requirements of the Land Development Regulations (Chapter 74 of the Sarasota County Code of Ordinances) and landscaping requirements of the Zoning Regulations (Appendix A to the Sarasota County Code of Ordinances) may be used to help satisfy the requirements of this section.

(5)

Timing. Trees required to be planted in accordance with this section shall be in place prior to the issuance of a certificate of occupancy. In the event that Trees have been removed pursuant to a Tree Permit, but Development does not commence within the time frame specified pursuant to the Development Permit, the Administrator may require replanting at a specified time or a mitigation payment in accordance with this article.

(6)

Location.

(a)

Tree plantings shall not be located closer than three feet to any property line, or six feet from any utility line or County easement. Trees shall not be planted underneath or near utility lines unless they are a species that, when mature, will not interfere with the utility line.

(b)

The planting site must have sufficient root zone and canopy space to reasonably allow the Tree(s) to grow to a mature size.

(c)

A canopy Tree shall be planted no less than eight feet and no more than 15 feet from the Right-of-Way when determined to be feasible by the Administrator. The Administrator may require an alternative planting location elsewhere on the Lot based on site-specific environmental features.

(7)

Tree survival. Consultation with the Administrator is recommended during the entire Tree planting program. All Trees relocated or replaced in accordance with the terms of this article shall be replaced by the current property owner should the Trees expire anytime within seven years after planting, unless a Tree has expired due to a natural fire, lightning event, or hurricane event, as determined by the Administrator.

(Ord. No. 2011-023, § 9, 5-25-2011)