§ 62-4339. Canopy and tree preservation performance standards.

All development shall meet the performance standards listed in this section. Single-family lots two and one-half acres or less are exempt from subsections 62-4339(2)(c) through (i) below. Single-family lots greater than one and one-fourth acres, shall comply with specimen tree requirements.

Additional incentives for increased canopy preservation and landscaping are located in section 62-4344, entitled incentives for increased canopy and tree preservation and increased landscaping.

(1)

For platted subdivisions, canopy and tree preservation requirements will be based on the entire area of alteration of the subdivision, including lots and demonstrated at the time of plat review. However, canopy shall not be preserved on individual lots unless part of a contiguous, continuous area of canopy with sufficient protective language, noted on the approved landscape plan, to prohibit activities that are detrimental to the perpetual preservation of the area. The general landscaping requirements shall be demonstrated for common areas of the subdivision (including but not limited to common use, recreational structures, open spaces tracts, and buffers) at the time of plat review. Individual properties within the subdivision shall be reviewed for compliance with general landscaping requirements during the building permit process, if not addressed prior to certification of completion. If all tree preservation requirements and general landscaping requirements are met at the time of development based on area of alteration including individual lots, those lots will be exempt from review for compliance with general landscaping requirements during the building permit process. All required landscaping shall be maintained in accordance with section 62-4343.

(2)

The amount of canopy coverage preservation on each property shall be determined using the following standards based on the property's area of alteration, commercial, institutional, and industrial parcels three acres or less shall not be required to meet minimum canopy preservation criteria below:

Land Use	Minimum Canopy Preservation of the Area of Alteration	Canopy Achieved by Planted Trees of the Area of Alteration	Total Canopy Percentage of the Area of Alteration
Single-family and multifamily residential, commercial, institutional, public	10%	10%	20%
Industrial	10%	5%	15%

 

a.

No more than 50 percent of planted trees shall be of any one genus (i.e. Quercus, Pinus, Acer, etc.) to encourage biodiversity and decrease impacts from disease.

b.

A 25 percent reduction in the minimum canopy preservation and canopy achieved by planted trees of the area of alteration shall be given for canopy, and understory if present, preserved in a contiguous, continuous tract on-site, as opposed to individual trees. Canopy, and understory if present, shall meet 100 percent of the required total canopy percentage of the area of alteration to be permitted the 25 percent reduction. For sites between ten and 25 acres in size, two contiguous, continuous tracts will be allowed. For sites between 25 and 100 acres in size, three contiguous, continuous tracts will be allowed. For every 100 acres, or fraction thereof, thereafter, one additional contiguous, continuous tract will be allowed. No credit shall be given to preservation areas less than 15 feet in width, nor shall they be considered to make separate preservation tracts contiguous or continuous. This option shall not be available for properties with scattered canopy. For the purposes of canopy preservation, existing undisturbed vegetated understory in excess of an average of 24 inches in height associated with existing trees shall be considered as preserved canopy area.

For properties where contiguous, continuous preservation is appropriate, the following chart shall apply:

Land Use	Total Canopy Percentage of the Area of Alteration
Single-family and multifamily residential, commercial, institutional, public	16%
Industrial	12%

 

c.

Preserved trees shall have protective barriers during construction which encompass the root protection zone. The protective barrier must be adequate to make a minimum 30-inch tall, visual, durable barrier. Acceptable barrier materials include but are not limited to silt fence (nontrenched), orange mesh fencing, wood barrier, lath and tape/rope, staked hay bales or other barrier as provided by the design consultant on the development plan and approved by NRMO. Protective barriers shall be placed no more than two and one-half feet inside established root protection zone prior to any land clearing, alteration, or commencement of construction including grading and filling. For all development, except single-family lots not platted as part of a subdivision, it shall be the responsibility of the applicant/owner to schedule an inspection with NRMO or provide a notarized statement from a recognized knowledgeable person, professional land surveyor registered in the State of Florida, professional civil engineer, or professional architect, registered in the State of Florida and proficient in site design that protective barriers have been correctly installed. Failure to schedule an inspection or provide the notarized statement prior to any land clearing, alteration, or commencement of construction including grading and filling, shall constitute a violation of this division and may be subject to stop work order and other penalties and remedies pursuant to section 62-4336. The only allowable activities prior to filing the notarized statement with NRMO shall be those activities necessary for compliance with Stormwater Pollution Prevention Plans (SWPPP) and Florida Department of Environmental Protection (FDEP) National Pollutant Discharge Elimination System (NPDES).

d.

Credits for canopy preservation greater than the minimum required shall be given in accordance with the provisions in Section 62-4344.

e.

Canopy preservation areas in new subdivisions, industrial, institutional, public, or commercial developments shall be within separate tracts, declaration of covenants, recorded plat condition, or with sufficient protective language, noted on the approved landscape plan, to prohibit activities that are detrimental to the perpetual preservation of the area.

f.

Activities permitted within canopy preservation areas include landscaping, passive recreation areas, fences, boardwalks, trails, decks and paths as long as these areas are pervious and not within the root protection zone of any tree, except as permitted herein, and do not necessitate the removal of vegetation, except as approved by NRMO. Decks, boardwalks, and trails may not exceed 25 percent of the total root protection zone. Habitat management practices, such as prescribed fire, may occur within the root protection zone. In no event shall a root protection zone be less than 100 square feet for planted or preserved trees and 25 square feet for planted or preserved palms.

g.

Credit for canopy preservation shall not be given for areas excluded from the area of alteration.

h.

Canopy coverage achieved through the use of planted trees shall be credited at 25 percent of the projected canopy at maturity of the species as specified in appendix C. If the actual canopy of the planted tree is larger than 25 percent of the mature canopy size, actual canopy coverage of the particular tree shall be credited.

i.

Existing trees that are successfully relocated elsewhere on the property can be credited towards the canopy coverage requirements but shall not be credited towards preservation requirements.

j.

If existing canopy is less than the listed minimum canopy preservation requirement, the existing canopy percentage shall be used in lieu of the minimum canopy preservation requirement. Total canopy percentage shall be recalculated using the new minimum preserved canopy plus the required planted canopy.

k.

Vegetation defined as non-native invasive or undesirable plants pursuant to section 62-4332 shall not be credited towards fulfillment of preservation or planting requirements.

l.

Plantings in areas that may be potentially cleared in the future or where planting will impede maintenance operations cannot be credited towards landscaping and preservation and is prohibited.

m.

For external expansion projects, existing trees that are determined to be viable by an ISA certified arborist may be credited toward canopy preservation if no additional impervious impact is proposed within the root protection zone of the tree.

(3)

All development subject to this division shall preserve protected trees unless specifically exempted herein.

(4)

Where on-site canopy and tree preservation performance standards cannot be met due to adverse site conditions, the process and standards in section 62-4345 shall be applied.

(Ord. No. 06-55, § 11, 10-24-06; Ord. No. 08-01, § 9, 1-8-08; Ord. No. 09-24, § 6, 9-15-09; Ord. No. 2010-01, § 1(Attch. B), 1-12-10)