§ 27-449. Tree preservation during development and construction.

(a)

Barriers required. During construction, protective barriers shall be placed, as necessary, to prevent the destruction or damaging of trees. Trees destroyed or receiving major damage shall be replaced before issuance of a certificate of occupancy or use, if such certificate is required, unless approval for their removal has been granted under permit. The city manager or designee shall determine what trees, if any, require protection or replacement.

(b)

Barriers. All regulated trees not designated for removal shall be required by the terms of the permit to be protected by barriers erected prior to construction of any structures, road, utility service or other improvements.

(c)

[Encroachment prevention.] Such barriers shall be plainly visible and shall create a continuous boundary in order to prevent encroachment by machinery, vehicles or the storage of materials. Protective posts of nominal two (2) inches by four (4) inches or larger wooden posts, two (2) inches outer diameter or larger pipe, or other post material of equivalent size and strength shall be implanted deep enough in the ground to be stable with at least three (3) feet of the post visible above the ground.

(d)

[Drip line.] Barriers shall be placed at the drip line for regulated pine and palm trees; and at a minimum of two-thirds of the area of the drip line for all other regulated species.

(1)

In cases where complying with the above placement of barriers is found to unduly restrict development of the property, the city manager or designee may approve alternative methods of protection.

(2)

No grade changes shall be made within the protective barrier zones without prior approval of the city manager or designee. Where roots greater than one (1) inch in diameter are damaged or exposed, they shall be cut cleanly and recovered with soil.

(3)

Protective barriers shall remain in place and intact until such time as landscape operations begin or construction needs dictate a temporary removal that will not harm the tree.

(4)

Landscape preparation in the protected area shall be limited to shallow discing of the area. Discing shall be limited to a depth of two (2) inches unless specifically approved otherwise by the city manager or designee, the community development board, or the city council as applicable.

(5)

No building materials, machinery or harmful chemicals shall be placed within protective barriers, except short-duration placements of fill soil that will not harm the tree. Such short-duration placements shall not exceed thirty (30) days.

(6)

The "Tree Protection Manual for Builders and Developers," as published by the Florida Department of Agriculture and Consumer Services, Division of Forestry (October 1980 edition), the standards of the National Arborist Association, or other nationally recognized arboricultural standards approved by the city manager or designee may be used as guidelines for tree protection, planting, pruning and care.

(7)

Attachments to trees prohibited. No attachments or wires other than those of a protective and nondamaging nature shall be attached to any tree.

(8)

Inspections. The city manager or designee shall conduct periodic inspections of the site before work begins and/or during clearing, construction and/or post-construction phases of development in order to ensure compliance with these regulations and the intent of this section.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 43, 9-7-10)