TREE ORDINANCE WORKSHOP DISCUSSION September 3, 2014

CITY COMMISSION GUIDING CRITERIA Replace the Grand Tree Ordinance, which is confusing to residents and cumbersome for staff, with a general Tree Ordinance that protects all trees greater than 4 inches DBH, has “teeth” and is simple to understand, educate and enforce. Create an ordinance that does not require a certified full-time arborist to administer or comprehend. Implement with existing staff and/or addition of a part-time employee.

KEY FOCUS AREAS FOR DISCUSISON PERMIT CRITERIA PERMIT CONDITIONS ENFORCEMENT MINIMUM TREE PLANTING

PERMIT CRITERIA Pinellas County – recommendations on tree preservation activities are provided at site plan stage. On developed parcels, tree removal is permitted on a lot by lot basis typically in connection with a building permit for authorized construction activities. Dunedin – considers whether reasonable economic use of the property can be maintained by reducing lot coverage by up to 30% to preserve existing tree(s). Provides variance procedure for reductions to setbacks, building height, lot coverage and parking requirements to preserve tree(s). Safety Harbor – examines necessity of tree removal to accommodate proposed improvements including essential grade changes; construction access. This examination will take into account setback relief and parking reductions already provided by the Code on an administrative basis to preserve healthy trees.

PERMIT CONDITIONS Pinellas County – requires trees being removed to be: (1) relocated (where practical); (2) replaced up to a maximum of inch-for-inch); or (3) replanted per the prescribed table according to parcel size if there is a deficiency. In practice, the County generally imposes the most lenient option (#3) Dunedin – requires trees to be replaced on site, where feasible, at a rate of one caliper inch for each DBH inch or a fee in lieu be paid according to a formula that differentiates SFR from Non SFR properties. Existing residential lots with established homes only need to meet minimum tree count requirements. Maximum cap of 20% on grand trees unless reduced by Parks Division. Tree replacement is waived for hazardous trees and trees less than 19” DBH when located in the primary building pad, primary roof line, swimming pool and swimming pool patio pad, or that portion of a driveway within 15 ft. of the garage or carport entrance that cannot be reasonably relocated.

PERMIT CONDITIONS (CONT’D) REPLACEMENT FEE SCHEDULE – DUNEDIN All other developments: 1.4 inch DBH trees to 7 inch DBH trees, $50.00 per inch removed. 2.8 inch DBH trees to 14 inch DBH trees, $ per inch removed inch DBH trees to 23 inch DBH trees, $ per inch removed inch DBH trees and greater, $ per inch removed.

PERMIT CONDITIONS (CONT’D) REPLACEMENT FEE SCHEDULE – DUNEDIN Mitigation for Grand Trees. Grand Tree Trunk Measurement (DBH inches)Replacement Ratio 34 inch DBH trees to 47 inch DBH trees1 : 1 48 inch DBH trees to 59 inch DBH trees1.5 : 1 60 inch DBH trees and greater2 : 1

PERMIT CONDITIONS (CONT’D) Safety Harbor – requires trees removed to be replaced at a rate of one DBH inch for each DBH each removed or a corresponding fee in-lieu to be paid to tree fund that escalates according to tree size. Unlike Dunedin, the fee is not waived for existing single- family lot with established homes that meet minimum tree count requirements. The fee is waived for hazardous trees and trees or tree clusters less than 19” DBH located in the primary building pad, foundation line, swimming pool or swimming pool patio pad, or that portion of a driveway within 15’ of a garage or carport entrance.

PERMIT CONDITIONS (CONT’D) Safety Harbor – To address large vacant parcels, the City Commission may want to consider waiving the tree replacement requirement under the following condition: “A site plan for new development that preserves at least 30% of existing trees on site having a DBH of 19” or greater.”

PERMIT CONDITIONS (CONT’D) REPLACEMENT FEE SCHEDULE – SAFETY HARBOR (1)Individual single-family residential lots: (a)4 inch to less than 10 inch DBH, $10.00 per inch removed. (b)10 inch to less than 20 inch DBH, $20.00 per inch removed. (c)20 inch to less than 30 inch DBH, $40.00 per inch removed. (d)30 inch and greater DBH, $50.00 per inch removed. (2)All other developments or properties: (a)4 inch to less than 8 inch DBH, $25.00 per inch removed. (b)8 inch to less than 15 inch DBH, $50.00 per inch removed. (c)15 inch to less than 25 inch DBH, $75.00 per inch removed. (d)25 inch and greater DBH, $ per inch removed.

ENFORCEMENT Pinellas County - Stops work from being done without or in conflict with a permit. Any fines and penalties are assessed through the code enforcement process by Special Magistrate. Dunedin - Imposes a civil penalty using a trunk formula method ($50 per inch of cross sectional area) or the replacement tree method that calculates the replacement value of comparable sized trees using the appraisal methodologies established in the Council of Tree and Landscaper Appraisers’ current edition of the Guide for Plant Appraisal. Safety Harbor - References the City’s code enforcement procedure and would assess a penalty amounting to four times the permit and replacement fee specified by the Code.

MINIMUM TREE PLANTING – PINELLAS COUNTY Parcel size in square footageNumber of replants 3,500— 6, ,001— 9, ,501—16,0006 Over 16,000 (per 16,000 sq. ft. unit)8

MINIMUM TREE PLANTING – DUNEDIN & SAFETY HARBOR Lot Size (gross area in square feet) Tree Planting Minimum Requirements 0—6,0002 6,001—10, ,001—15,0006 Over 15,000*8 *One tree is required for replacement for each 2,000 square feet, or portion thereof, in excess of 15,000 square feet.