§ 154.16. Tree protection and mitigation.

(A)

Any tree removal permit shall require a mitigation plan. Any replacement trees that are the subject of such mitigation shall be planted, relocated, or preserved before issuance of a certificate of occupancy or similar authorization. Replacement trees meet the minimum requirements of this Chapter. Mitigation shall be as follows:

1.

Replacement trees shall be in addition to the minimum landscape requirements set out in this article.

2.

Any tree which is the subject of a mitigation plan shall be replaced at a ratio of one inch D.B.H. for each inch of D.B.H. removed. The following mitigation credit shall apply:

a.

Trees preserved or relocated on-site shall count as equivalent replacement D.B.H.

b.

Trees planted on-site shall count as one-half (1/2) credit towards the mitigation requirements.

(B)

A tree location survey, prepared by a registered land surveyor, professional engineer, registered forester, certified arborist, or landscape architect, identifying all existing trees with a D.B.H. of 12 inches or greater is required for all development applications and shall be included with any site plan, subdivision, application, clearing plan, or similar authorization. A tree survey may be required as part of an application for PUD zoning at the discretion of the Zoning Administrator. This tree location survey drawing shall be overlaid directly upon the site plan or subdivision application sufficiently to provide the accurate location of all existing trees which are proposed to be destroyed, relocated, or preserved, the botanical name, and common name of each tree, and the diameter (to the nearest half inch at 4.5 feet above ground), height and canopy spread of each tree. If existing trees are to be transplanted, the proposed relocation for such trees shall be shown on the drawing, together with a statement as to how such trees are to be protected during land clearing and construction and maintained after construction shall be included. The survey shall also include a statement indicating how trees not proposed for removal or relocation are to be protected during land clearing and construction, if applicable. The number of trees to be retained, relocated, removed, and the new trees to be replanted by diameter to the nearest half inch shall be shown in tabular form.

(C)

The replanting design shall provide adequate space for root and crown development.

(D)

The property owner shall be responsible for maintenance of the mitigation trees, such responsibility to include replacement of unhealthy and dead trees. The property owner shall submit to an on-site inspection of the planted/preserved vegetation twelve (12) months after the issuance of the final development order or permit approval. If it is determined that the planted vegetation is dead, diseased, or otherwise not in compliance with provisions of this Code and the original approved mitigation plan, the property owner shall be provided notice and directed to correct any such deficiencies and replace all non-compliant materials within sixty (60) days.

(E)

Tree Preservation Fund. If it is demonstrated to the satisfaction of the Zoning Administrator, or the Zoning Administrator's designee, that the site is not suitable for on-site mitigation or does not have the capacity to hold all of the required mitigation, then the applicant may contribute a fee established by the City Council by resolution per inch D.B.H. required for mitigation, to be used by the city to enhance tree canopy coverage. Tree preservation funds shall be expended, utilized and disbursed for the acquisition, maintenance, and planting of trees on publicly owned lands and any other ancillary costs associated with the planting of trees on public lands. Ancillary costs shall not exceed thirty (30) percent of the cost of the particular tree planting project and may include landscape design services, irrigation, mulch, root barriers, tree grates, or other materials necessary or the proper installation and maintenance of tree planting projects. This fund may also be used for the relocation of trees to public lands and for periodically distributing saplings to the public to increase tree canopy coverage in association with the City's Keep Port St. Lucie Beautiful tree giveaway program. Any such monies contributed in satisfaction of the applicant's mitigation requirement shall be placed in a specially designated fund titled "The City of Port St. Lucie Tree Preservation Fund", the use of which must be consistent with this article.

(F)

Parking Space Reduction to Protect Existing Trees. A ten (10) percent reduction in the number of required parking spaces on the site shall be allowed to the extent that the reduction in the amount of required pavement will preserve existing healthy trees in an undisturbed, natural condition. The amount of reduction can be determined only after taking into consideration any unique site conditions and the impact of the reduction on parking needs for the use. This reduction is discretionary and subject to the approval of the Zoning Administrator.

(G)

Building Setback Reduction to Protect Existing Trees. Upon the request of the applicant, the Zoning Administrator may permit the applicant to obtain up to a ten (10) foot reduction in front or rear setback requirements when this would be sufficient to protect an existing tree as determined by a certified arborist or landscape architect. To qualify for this exception, the tree(s) shall be at least twelve (12) inches in diameter, measured four and one-half (4.5) feet above the ground. The tree must also be in a condition and location such that it will not present a hazard to life or property following site development, and can be expected to remain healthy for at least twenty years as determined by a certified arborist or landscape architect. A reduction in the setback requirement shall be authorized only when all the following facts and conditions are found to exist:

1.

The applicable yard setback requirements would make it impossible to protect existing tree(s) without causing undue hardship; and

2.

The requested yard reduction does not go beyond the minimum necessary to protect the tree(s) as determined by a certified arborist or other tree professional; and

3.

The yard reduction will not result in a development that is materially detrimental to the character and design of the surrounding area.

(Ord. No. 15-70, § 1, 9-14-15)