§ 17-4. Tree permit applications, requirements, review, and fees.

(a)

Permit, when required.

(1)

No person, agent or representative thereof, directly or indirectly, shall engage in tree activity on any property described in section 17-3 of this article without first obtaining a tree permit and unless exempted by section 17-11 of this article.

(2)

A tree permit is required for tree pruning of more than 25 percent of the canopy, crown, or living foliage of a tree or other pruning not in accordance with the ANSI A-300 Standards shall be allowed upon presentation of a letter to the city, to be validated by a certified arborist, with justification as to why the ANSI A-300 Standards are not applicable.

(3)

Pruning of the canopy, crown or living foliage of a tree, in strict accordance with ANSI A-300 Standards shall be allowed without a permit. A certified arborist letter or other documentation may be required.

(4)

Any removal of roots one inch in diameter or greater and/or the removal of more than ten percent of a tree's root system shall require a tree pruning permit. No root pruning shall be allowed beyond the aforementioned limits anywhere in the city without a tree pruning permit except for the pruning of roots when essential for any repairs or improvements performed by or for the department of resilience and public works or capital improvements.

(5)

No building permit for any work that has the potential to affect trees, including new construction, additions, carports, pools, decks, fences, driveways, parking lots, tennis courts, demolition, or similar work, shall be issued by the building department unless the zoning department has determined that a tree permit or tree pruning permit is not required or that a valid tree permit or tree pruning permit has been issued in accordance with this article.

(b)

Application requirements. The property owner or authorized agent shall submit a tree permit application to the department on the department's tree permit application form. A tree permit application shall include those supporting documents and plans as required by the department to provide adequate description and information to verify the intended tree activity, site conditions, proposed construction and work specifications in order to issue a tree permit.

(c)

Plan requirements. Plans submitted with a tree permit application shall comply with the following:

(1)

Commercial properties. Plans for a tree permit in conjunction with new construction, including but not limited to, demolition, additions, pools and decks shall include the following:

a.

A tree boundary survey, drawn to scale, identifying the tree species, location, and listing the height, spread and diameter of all existing trees. The tree boundary survey shall illustrate the location of all existing structures, the location of any overhead and/or underground utilities and the right-of-way limits, edges of pavement, including all trees within the right-of-way. This survey shall be prepared by a professional land surveyor, licensed in the state.

b.

A tree disposition plan drawn to scale identifying and listing all existing trees and specifying the condition of each tree, the TPZ radius and whether said trees are to remain, to be removed and/or to be relocated. The tree disposition plan shall also contain the value of specimen trees that are listed to remain and/or to be relocated. The valuation of trees shall be appraised using the Council of Tree and Landscape Appraisers Guide for Plant Appraisal, latest edition. The tree disposition plan shall superimpose all proposed new construction, the new locations of existing trees to be relocated on site over the tree survey plan information, and an accurate depiction of the CRZ and canopy of the trees to remain and/or be relocated. For applications involving the construction of a new building(s), the tree disposition plan shall be prepared by and bear the seal of a landscape architect currently licensed in the state, or by persons authorized by F.S. ch. 481, as amended, to prepare landscape plans or drawings.

c.

A tree protection plan depicting all trees to remain and/or be relocated on site with a depiction of the tree's TPZ.

d.

When applicable, an assessment on all existing trees with tree specifications. For trees and/or palms proposed for relocation, tree relocation specifications in accordance with ANSI A300 Standards shall be provided to the department. Additional information such as the TPZ, CRZ, tree protection and/or tree pruning recommendations may be required for trees to remain and/or be relocated. The assessment shall be prepared by an ISA Certified Arborist.

(2)

Single-family or duplex properties. Plans for a tree permit in conjunction with new construction, including but not limited to demolition, additions, pools, and decks shall include the following:

a.

A site plan drawn to scale, or existing property survey prepared by the owner or the owner's representative, identifying the location of the tree, the species and listing the height, spread and diameter of all existing trees. Said site plan may be limited to the immediate area of the proposed work.

b.

A tree disposition plan drawn to scale, prepared by the owner or the owner's representative, or such plan incorporated onto an existing property survey, listing all existing trees and specifying the condition of each tree and whether said trees are to remain, to be removed and/or to be relocated. This plan shall also illustrate the location of all existing structures and/or all proposed new construction, the location of any overhead and/or underground utilities and the new locations of existing trees to be relocated on site.

c.

When applicable, an assessment on all existing trees with tree specifications. For trees and/or palms proposed for relocation, tree relocation specifications in accordance with ANSI A300 Standards shall be provided to the department. Additional information such as the TPZ, CRZ, tree protection and/or tree pruning recommendations may be required for trees to remain and/or be relocated. The assessment shall be prepared by an ISA Certified Arborist.

(3)

Plans for a tree permit unrelated to construction shall be drawn to scale using a site plan or existing property survey prepared by the owner or owner's authorized representative.

(4)

All applications shall have a tree replacement plan/landscape plan drawn to scale that illustrates all proposed new construction, new locations of relocated trees, and new replacement tree locations that complies with the requirements of section 17-6 of this Code, entitled "Tree replacement." For applications involving the construction of a new building(s), the tree replacement plan shall be prepared by and bear the seal of a landscape architect currently licensed in the state, or by persons authorized by F.S. ch. 481, as amended, to prepare landscape plans or drawings. Tree replacement plan/landscape plan submitted for a one-family or two-family dwellings (homestead property) may be in the form of a site plan drawn to scale prepared by the owner or the owner's representative.

(5)

Anytime construction or development is to be undertaken, a tree protection bond equal to the value of the specimen tree(s) to remain and/or to be relocated shall be posted, except for properties which have homestead exemption, pursuant to F.S. § 196.075, and show proof thereof. The bond shall remain in effect for one year after the final certificate of occupancy is issued.

(d)

Review of application. Upon receipt of a completed tree permit application, the department shall review said application for compliance with the regulations as set forth in this article. Such review may include a field inspection of the site and referral of the application to other departments or agencies as necessary. The department shall take a reasonable amount of time to review and respond to applicants regarding tree permit applications, generally completing the initial review within 15 business days and thereafter providing the intended decision notice upon final approval the tree permit application.

(e)

Notice. Within 48 hours of issuing the intended decision for a tree permit, the department shall notify the applicant and post a notice of the intended decision on or adjacent to the subject property in a location where it is visible to the general public. The posting shall provide a general description and location of the proposed tree activity contained in the tree permit. The intended decision shall also be sent to the homeowners' associations registered with the neighborhood enhancement team ("NET") in that area.

(f)

Issuance of permit. If no appeal, in accordance with section 17-8 of this article, is received within ten calendar days of the issuance of the intended decision, the tree permit shall be issued. The property owner shall ensure that the tree permit is displayed until the authorized work is completed.

(g)

Fees. Fees shall be as established pursuant to section 10-4 of this Code, as amended, "Building permit fee schedule." Applications from government agencies for tree removals in areas dedicated to public use may, at the discretion of the city commission, be exempted from application fees and permit fees by resolution.

(h)

Final inspection. No later than six months following the completion of the authorized work, the applicant shall schedule a final inspection with the department for verification and acceptance of the final authorized work.

(Ord. No. 13670, § 2, 3-23-17; Ord. No. 13792, § 1, 10-11-18)