City of Safety Harbor. Grand Tree Ordinance

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2 City of Safety Harbor Grand Tree Ordinance Section Grand Trees Intent: It is the findings of the Safety Harbor City Commission that Grand Trees as defined herein increase the value of properties where they grow and provide superior aesthetic and ecological benefits to these properties and the surrounding community and as such are a valuable natural resource that enhance the quality of life and the general welfare of the citizens of Safety Harbor. It is the intent of the City Commission to identify Grand Trees growing on public properties to ensure they are maintained in a healthy growing condition and identify Grand Trees growing on private property within the incorporated city limits of Safety Harbor that will be developed, re-developed or expanded and provide for their preservation through prohibiting the unwarranted removal of a Grand Tree. Furthermore, it is the intent of the City Commission to ensure the future health of a Grand Tree by regulating activities that may adversely impact the condition of a Grand Tree and regulate the persons performing maintenance on a Grand Tree. Definition: A grand tree shall be a tree that meets the species, trunk diameter size and overall condition requirements for a grand tree and has accumulated the sufficient number of points necessary for grand tree status as defined in Section 200, 1-4, below. Applicability: Any site proposed for development, re-development or expansion is required to have each tree that meets the minimum requirements for species and trunk diameter for a grand tree graded by a qualified International Society of Arboriculture (ISA) Certified Arborist or a Registered Consulting Arborist with the American Society of Consulting Arborists (ASCA) for condition and scored for total points to determine if the tree is a grand tree. The calculations for all trees meeting the species and trunk diameter requirements for a grand tree must be provided even if the tree does not have the requisite condition rating or total points to attain grand tree status. The calculations are due at the time of the first submittal of site plans for the proposed development. City staff shall retain the right to reject assessments that are incomplete or reject assessments that in the opinion of city staff do not reflect current industry standards. Section 200. Grand Tree status: To achieve the designation of a grand tree a tree must meet the minimum qualifications defined in sub-sections 1, 2, 3 & 4 below. 1. Species. A. The following tree species shall be considered for grand tree status: (1) Live oak (Quercus virginiana) (2) Sand live oak (Quercus geminata) (3) Laurel oak (Quercus laurifolia) (4) Southern magnolia (Magnolia grandiflora) (5) Sweetbay (Magnolia virginiana) (6) Bald cypress (Taxodium distichum) (7) Pignut hickory (Carya glabra) Page 1 of 9

3 (8) American elm (Ulmus americana) (9) Southern red cedar (Juniperus silicicola) (10) Longleaf pine (Pinus palustris) (11) Slash pine (Pinus elliottii) 2. Size. A tree meeting the species requirement for a grand tree must have a minimum trunk diameter as noted in Table Inset A below and as measured at 4.5 above grade (referred to as diameter at breast height and abbreviated as DBH), to be a candidate for grand tree status. If the tree produces a fork at 4.5 above the existing grade the trunk diameter will be measured at the narrowest area of the trunk between 4.5 above grade and the existing grade. The following table inset lists the minimum trunk diameter a tree species must have to be considered for grand tree status. TABLE INSET A: Species Live oak (Quercus virginiana) Sand live oak (Quercus geminata) Laurel oak (Quercus laurifolia) Southern magnolia (Magnolia grandiflora) Sweetbay (Magnolia virginiana) Bald cypress (Taxodium distichum) Pignut hickory (Carya glabra) Southern red cedar (Juniperus silicicola) American elm (Ulmus Americana) Longleaf pine (Pinus palustris) Slash pine (Pinus elliottii) Including variety Densa Minimum Trunk Diameter 30 DBH 30 DBH 30 DBH 30 DBH 3. Condition: A tree must have an overall condition rating of at least 4.0 based on the rating methodology provided in subsection A, below to be qualified for grand tree status. The rating method provides specific criteria utilizing common terminology and characteristics used in the industry for tree assessments and serves as a guideline for establishing an accurate overall condition rating for a tree. A. Overall condition rating: The overall condition rating of a tree is a rating applied to a tree by an ISA Certified Arborist or a Registered Consulting Arborist with ASCA who is skilled in the art and science of tree assessment and capable of utilizing the method for rating a tree s condition as described herein. The overall condition rating takes into consideration the health, structure, form, species and any unique features of the tree. The rating scale is with 0 being a dead tree and 6.0 a specimen tree. Increments of 0.5 are used to increase accuracy. Issues that may affect public safety such as poor structure should be given greater consideration and will downgrade a tree according to the severity of the structural issue. The following are examples of the characteristics of the six condition categories that should be used by the rater as a guideline for establishing an overall condition rating. Page 2 of 9

4 Condition Ratings: 0: A dead tree 1.0: A severely declining tree with more than 30% dieback in the crown. A tree with low live crown ratio and crown density A tree with one or more of the large leaders that is dead. A tree that has lost more than 30% of its root system. A tree designated by the State of Florida s Exotic Pest Plant Council as a category #1 ecological pest i.e., Brazilian pepper tree (Schinus terebinthifolius) A tree with large cavities or wounds on the trunk, scaffold branches or structural roots that comprise greater than 30% of the circumference of the trunk, branch or root. A tree harboring a communicable disease (Ex., Sphaeropsis gall), or insect (Ex., Ips pine bark beetle) that can spread and cause the decline or death of other trees. A tree with cracks or splits in the trunk or major scaffold branches A tree with a split in the crotch of a codominant trunk. A tree with a rating of 1.0 should be removed as it is beyond treatment and may have health or structural issues that could predispose it to failure resulting in personal injury or property damage. 2.0: A tree with more than10% crown dieback A tree with below average live crown ratio and crown density A tree with chlorotic foliage or other nutritional deficiencies A tree with serious damage from disease or insect attack A tree with poor form such as a severely restricted crown A tree with large deadwood A shade tree species with multiple trunks with codominant basal attachments A tree with a trunk that splits forming a codominant trunk within 12 of the existing grade and where the crotch has included bark. A tree with small cavities (less than 4 in diameter) in the trunk or scaffold branches A tree with leaves that are smaller than the typical leaf size for the species A tree with an asymmetrical trunk A tree with large diameter (over 4 diameter) flush cuts A tree that has been previously topped as indicated by epicormic growth A tree with large trunk cankers A completely one-sided tree A tree without a visible root flare A tree with a root barrier that prevents support roots from growing in one direction Tree assessment requires an ability to synthesize information relating to tree health and structure. A tree having only one of the above problems may be able to be salvaged through Page 3 of 9

5 treatment. However, if the tree is experiencing more than one of the problems noted above it is likely a candidate to be removed. The rater will have to determine the cumulative effects of multiple stresses. A tree with an overall condition rating of 2.0 should typically be removed. A tree with a rating of 2.5 indicates a tree with conditions that are less severe than a tree with a 2.0 rating. A tree with an overall condition rating of 2.5 may be able to be improved through arboricultural procedures such as structural pruning, fertilization, aeration, removing impervious surfaces, cabling and bracing etc. In such cases the condition rating will not be upgraded until the procedures are performed in accordance with specification based on the American National Standards Institute (ANSI) A300 standards and the Best Management Practices publications. 3.0: A tree with average live crown ratio and crown density A tree with normal leaf size and color A tree with a visible root flare A tree with average structure, i.e., codominant scaffold branches without included bark A tree with a balanced crown A tree with no debilitating disease or insect problems or progressive decay A tree with a 3.0 rating is a tree with average health, structure and form and typically warrants preservation as the problems are minimal and correctible. However, an overall condition rating of 3.0 does not qualify a tree for grand tree status. 4.0 A tree with very good health as evidenced by moderately high live crown ratio, crown density and good shoot growth with normal leaf size and color. A tree with an attractive form typically having symmetrical branching that grows in all directions A tree with good structure evidenced by strong branch attachments without codominant scaffold branches and included bark and no serious cavities or wounds present on the root flare, trunk or scaffold branches A tree without physical root barriers within 20 of the trunk A tree with a 4.0 rating is a healthy attractive tree with good structure and is worthy of site plan modifications to preserve. Mature trees exhibiting scars, old wounds, small cavities or other problems that are not debilitating can be included in this group. NOTE: A rating of 4.0 qualifies a tree for grand tree status if it meets the species, trunk diameter and total point requirements for a grand tree. 5.0 A tree with exceptional health evidenced by very high live crown ratio and crown density throughout the crown A tree with a dominant central leader trunk with well spaced scaffold branches with strong attachments A tree with good uniform growth at the shoot tips A tree with exceptional form exceeding the form typical of most trees of the species. Page 4 of 9

6 A tree with an unimpeded root system adequate to support the large crown A tree with a 5.0 rating combines exceptional health, structure and form and warrants major site plan modification for preservation as it lends considerable value to the site and the surrounding community. 6.0 A tree with outstanding health and structure and a truly unique appearance that distinguishes it from other trees of its species. A tree with a 6.0 rating is considered a specimen tree as it is rare for a tree to possess a combination of superior qualities. A specimen tree is typically mature as size is one of the factors that make it a unique tree. Every effort should be made to preserve a specimen tree as it is a show piece in the city. A specimen tree should have an undisturbed rooting area equal to the greater area of its dripline (the branch spread) or an area equal to one foot radius for each inch of trunk DBH. Tree maintenance performed on a specimen tree should only be conducted by an experienced and competent International Society of Arboriculture (I.S.A.) Certified Arborist or a registered Consulting Arborist with ASCA. 4. Points. A. To achieve the status of grand tree a tree must be of a species as defined in Section 200, 1, with a minimum trunk diameter as defined in Section 200, 2, have a minimum condition rating of 4.0 as defined in Section 200, 3, and accumulate the minimum number of points per the following formula as defined in (1),(2), (3) & (4) below: (1) Measure the tree s trunk diameter in inches at 4.5 above grade or if the tree forks at 4.5 above grade then measure the diameter at the narrowest area of the trunk between the fork and existing grade. (2) Measure in feet the widest cross section of the tree s crown as projected vertically down to the ground and the narrowest area of the crown projected vertically down to the ground. Add the total feet for both measurements and divide by 2 to get the average crown spread expressed in feet. (3) Measure the highest point of the crown using an altimeter, clinometer or other measuring device that will give an accurate measurement in feet of the highest point of the tree s crown. (4) Add the numbers for inches of trunk diameter, feet of the average crown spread, feet of the total height of the tree and add the condition rating and if the point totals equal or exceed the minimum number of total points for the species as defined in table inset B below, the tree is a grand tree. Example for calculating a potential grand tree: Species: Live oak (Quercus virginiana) Page 5 of 9

7 Trunk diameter at 4.5 above grade: 32 Condition rating: 4.5 Crown spread: 78 at the widest cross section and 48 at the narrowest cross section equals divided by two = 61. Height: 63 feet Total points: 32 (trunk diameter) (condition rating) + 61 (average crown spread) + 63 (height) = According to the table Inset B below the tree is a grand tree TABLE INSET B: Species Minimum Total Points for Grand Tree Status Live oak (Quercus virginiana) 160 Sand live oak (Quercus geminata) 160 Laurel oak (Quercus laurifolia) 165 Southern magnolia (Magnolia grandiflora) 140 Sweetbay (Magnolia virginiana) 140 Bald cypress (Taxodium distichum) 130 Pignut hickory (Carya glabra) 150 Southern red cedar (Juniperus silicicola) 135 American elm (Ulmus Americana) 140 Longleaf pine (Pinus palustris) 135 Slash pine (Pinus elliottii) 135 Including variety Densa Section 300. Permit required: 1. Application for a permit to remove a grand tree. A property owner desiring to remove a grand tree(s) from their property when such property will be developed, redeveloped or expanded shall file an appropriate application with the City Manager, or designee on a form provided by the city. A fee shall be charged for the issuance of such permit, which fee shall be paid at the time of application for the permit. A fee schedule for such permit shall be established by resolution of the City Commission. The application shall provide the following information: A. A site plan drawn to a minimum scale of 1 = 20, of the land involved showing the existing and proposed grades, all proposed structures including buildings, vehicular use areas, walkways, overhead and underground utilities, retention ponds, swales and any other structure pertinent to the removal request of the grand tree. Page 6 of 9

8 B. A tree survey overlaid on the site plan showing the trunk location and canopy spread of each grand tree requested for removal. C. A tree inventory listing each grand tree by size (trunk DBH), species (botanical and common name) and showing the scored evaluation of each grand tree. D. An explanation as to the reason for requesting the removal of the subject grand tree(s). 2. Grant or denial of permit. The application with the required information shall be field checked by City staff. City staff shall inspect the physical site and the tree to determine if the removal request meets the criteria for grand tree removal as defined in Section 300, 2, A, (1), (2), (3), (4), (5), below. Based on the evaluation by the city staff and in consideration of the factors enumerated hereafter, a permit shall be granted or denied. A. Every grand tree shall be retained on site, unless the standards listed below mandate its removal. Guidelines for granting the approval of a grand tree removal permit shall include: (1) The tree is located in an area where a structure or improvement may be placed in accordance with other development provisions in the City of Safety Harbor Code, and retention of the tree is such that no reasonable economic use can be made of the property, and it can be demonstrated that redesign to accommodate the tree exceeds more than 5% of the proposed construction costs. (2) The tree is hazardous and its retention will endanger existing structures, utility services or create unsafe vision clearance. (3) It is found to be in the interest of the general public s health, safety and welfare that the tree be removed. (4) A building or other structures cannot be relocated on the property or coverage reduced in order that such relocation or reduction will occur to preserve an existing grand tree(s) and that no such reduction shall be required in excess of thirty (30) per cent of current code. (5) The tree is providing habitat to legislatively designated endangered or protected bird species during nesting season (between January 1 and June 30). B. The City Manager, or designee, upon the determination that an application is to be denied, shall state the basis for such denial specifically and shall notify the applicant, in writing, within 15 working days of the application for removal, of the criteria upon which such denial is predicated. Page 7 of 9

9 Section 400. Mitigation for removal of a Grand Tree: 1. When a grand tree is approved for removal the tree shall be replaced with new tree plantings on a diameter inch replaced for each diameter inch removed basis per the ratio provided in Table Inset C below: TABLE INSET C Trunk diameter (DBH) removed Replacement ratio :1 or :1 51 or greater 2:1 A. The replacement trees shall be of species from the list for the grand tree species as noted in Section 200, 1, A, above and have a minimum trunk caliper of 2 and an overall height of 8. In addition, all replacement trees shall be graded as a Florida #1 or greater as consistent with the current specifications as defined in the Florida Division of Plant Industry s Florida Grades and Standards for Nursery Stock. If replacement trees are installed, the applicant shall guarantee the survival of the replacement trees in perpetuity. A follow-up, on-site inspection shall be conducted by the City one (1) year after planting to ensure compliance. The trees must be maintained in a healthy growing condition or the applicant shall continue to plant new trees at the location until the required numbers of replacement trees are established. Failure to comply with these provisions will subject the applicant to civil remedy penalties as defined in Section 500, 2, below. If a site does not have adequate space to accommodate the replacement trees then a fee equal to $100 per diameter inch removed per the formula in Table Inset C above shall be paid to the City s tree bank within 60 calendar days from the issuance of the approved removal permit. Any combination of new tree plantings and payment to the tree bank is acceptable. Section 500. Prohibited Acts: 1. Illegal Removal: It shall be unlawful for any person, without having first obtained a permit as provided herein, to remove, cut down, damage, poison, or effectively remove through excessive injury any grand tree. 2. Penalty for illegal removal: Any person who removes a grand tree as described in Section 500, 1, above without first obtaining a permit shall forfeit and pay to the city a civil penalty equal to the total value of the tree(s) illegally removed or damaged. The value shall be determined according to the appraisal methodologies as established in the Council of Tree and Landscape Appraisers current edition of the Guide For Plant Appraisal, edited, published and copyrighted by the International Society of Arboriculture. Section 600. Maintenance of a Grand Tree: 1. Any maintenance such as pruning, fertilization, cabling and bracing, spraying or any other maintenance activity that will impact the above ground portions of a grand tree must be Page 8 of 9

10 performed by or under the direct supervision of an ISA Certified Arborist or a registered ASCA Consulting Arborist with a current occupational license with the City of Safety Harbor. 2. Any activities that will impact the critical root zone (an area equal to a one foot radius from the trunk in all directions for each one inch of trunk DBH) of a grand tree such as excavations for utilities or irrigation lines, open trenching, grubbing of rooted vegetation, addition of fill material, heavy equipment traversing over the critical root zone, or any and all activities that will impact the critical root zone must be done by or under the direct supervision of an ISA Certified Arborist or a registered ASCA Consulting Arborist with a current occupational license with the City of Safety Harbor.. 3. The arborist must submit to the city on forms provided by the city a detailed work plan of any impacts to a grand tree and how the impacts will be mitigated. In addition, the arborist must describe any work of an arboricultural nature that will be performed on the tree. The applicant must receive written approval from the City Manager or designee prior to the commencement of work. Any violation of this requirement is a cause to revoke the occupational license of the arborist. Section 700. Exemption from Pinellas County ordinance. 1. By the adoption of this ordinance, the City specifically exempts the territory within the incorporated limits of the City of Safety Harbor from the provisions of the Pinellas County Code of Ordinances that are in conflict with the provisions of the City of Safety Harbor Grand Tree ordinance. Section 800. Inventory of Grand Trees 1. The City of Safety Harbor shall develop an inventory recording the location, species and the calculations of each grand tree as they are qualified and conduct annual inspections of the grand trees and keep records of their status in regards to their health and overall condition. Page 9 of 9