§ 154.15. Permit procedure and criteria for issuing permits.

(A)

Permits for the removal or relocation of a protected tree shall be obtained by filing an application with the Planning and Zoning Department. Approval of the application and issuance of a tree removal permit shall be required prior to any land clearing or grubbing, prior to any disturbance of the root system or site development, or prior to the occurrence of any changes to an existing developed site. When a development order is issued for a site plan, subdivision application, or a landscape modification application, a separate tree removal permit shall not be required if the trees to be removed are identified and mitigated on the approved landscape plan.

(B)

No tree removal permit shall be issued unless the Zoning Administrator finds that at least one of the following criteria is satisfied with respect to each protected tree designated for removal:

1.

The tree is located within the net buildable area of a given site as identified on the tree survey and site plan by the applicant.

2.

The tree is located within an existing or proposed right-of-way.

3.

The tree is located within an existing or proposed easement, stormwater management tract or facility, provided that only the minimum area reasonably necessary for the service or use shall be considered for purposes of determining whether there is necessity for tree removal.

4.

The tree is located where it creates or will create a safety or health hazard or a nuisance with respect to existing or proposed structures or vehicles or pedestrian routes and there is no reasonable alternative to relocate or reconfigure the improvements. The Zoning Administrator or City Arborist may require verification of claim(s) be provided by a statement from a certified engineer or certified arborist in the State of Florida.

5.

The tree is located where it interferes with the installation, delivery, or maintenance of proposed or existing utility services to the site.

6.

The tree is confirmed by the Zoning Administrator, City Arborist, or by a certified arborist to be diseased, severely injured, or in danger of falling.

7.

The tree unreasonably prevents development of a lot or parcel of the physical use thereof. However, a tree removal permit shall not be granted where the applicant has failed to design and locate the proposed improvements so as to minimize the removal of trees consistent with the permitted use of the lot or parcel under the zoning ordinance as amended.

8.

For criteria 4, 5, and 6, the Zoning Administrator may allow the protected tree to be replaced with one tree meeting the minimum requirements of the City Code when no feasible alternative other than removal of such tree exists. Trees may be selected from Appendix C: City of Port St. Lucie Suggested Tree List located at the end of this chapter and/or the "Waterwise South Florida Landscapes" plant guide, published by the South Florida Water Management District, provided the trees are of the appropriate USDA plant hardiness zone and ecological setting. Additional tree species may be considered based upon certification from a Florida registered landscape architect as to appropriate USDA plant hardiness zone and ecological setting.

(C)

In lieu of submitting a tree removal permit application, an applicant may submit a no tree verification statement stating that no trees protected by this article exist on site. If such statement is verified by the Zoning Administrator (or Zoning Administrator designee), no permit will be required.

(D)

Tree removal applications for trees located on 'common' property must be accompanied by a letter from the Board of Directors of the Homeowner's Association indicating it was the consensus of the Board that the tree be removed.

(E)

Inspections. An application for a tree removal permit constitutes consent by the property owner and/or applicant for the City to conduct site inspections on the subject property, pursuant to permit requirements.

(Ord. No. 15-70, § 1, 9-14-15)