Ordinance 75-21 3 796
ORDINA2~CE NO. 75- 9.1
AN ORDINANCE REPEALING ORDINANCE NO. 73-23;
TO PROTECT CERTAIN TREES WITHIN COLLIER
COUNTY; REQUIRIMG A PEPJ4IT PRIOR TO REMOVAL
OF PROTECTED TREES AS DEFINED HEREIN; PRO-
VIDING FOR EXCEPTIONS AND APPEALS, ESTAB-
LISHING PENALTIES; PROVIDING FOR SEVERA-
BILITY; PROVIDING ;u~ EFFECTIVE DATE.
WHEREAS, trees serve the essential function of converting
carbon dioxide into oxygen for sustaining human and animal life,
and
~{EREAS, trees are a positive physical and psychological
factor making urban life more comfortable by providing shade,
cooling the air, and reducing noise levels and glare, by breaking
the monotony of man's development of the land and providing varied
environmental amenities, and
WHEREAS, tree protection results in use of trees for
landscape purposes and effectively protects and conserves property
values, and
WHEREAS, the Board of County Commissioners of Collier County,
Florida, has determined that protection of trees within Collier
County is desirable and essential to the health, welfare, and
general well-being of residents and visitors and the maintenance
of property values to the present and future owners, and
~EP~AS, coastal mangrove trees serve to ameliorate the
destructive effects of hurricane storm surge,
, NOW THEREFORE, BE IT ORDAINED BY THE BOARD
CO~.~ISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTIO ONe:
Ordinance No. 73-23 is hereby repealed.
SECTIOn; TWO:
1. ~urpose and Intent: The purpose of this Ordinance is
to protect trees within Collier County, to assist in the control
of flooding, soil erosion, dust, heat, air pollution, and noise
and to maintain property, esthetic and health values within Collier
County.
The intent of the Ordinance is to protect the maximum number
of trees, particularly the Cypress (Taxodlum sp~.), Slash Pine
(Pinus elliotti), and mangrove, for which Collier County is
recognized and in danger of losing. The intent is not punitive, or
to cause hardship to any person using reasonable care and diligence
to protect trees.
2. Definitions:
A. Protected Tree:
(1) Any self-supporting perennial plant which has
a trunk dismeter of at least four (4") inches in
diameter measured at a height of four (4') feet
above the natural grade and having'a discernible
crown, palm or confluent branches or foliage toward
the upper portion.
(2) Coastal Red mangrove (Rhizophora mangle) and Coastal
Black mangrove (Avicennia ~erminans); seaward of the
salinity line.
(3) Specimen Tree which has been determined by the
county to be of high value because of its type, size,
age, historical significance, or other cause, and has
been so designated by the Board of County Commissioners
after public hearing with notice provided to the owner
of such tree by certified mail. Such designation
shall be recorded in the official records of the
Clerk of the Circuit Court and all recording fees
shall be paid by the County.
B. Commercial Nursery, Tree Farm or a Botanical Garden:
An occupational licensed plant or tree nursery or
farm in relation to those trees planted and/or growing
on the premises of said licensee, which are so planted
and growing for sale or intended for sale to the
general public in the ordinary course of said
licensee's business.
C. County: The Collier County Board of Commissioners.
D. Director: The Director of Community Development, or
such person as he shall designate to act in his stead.
3. Protected Trees and Specimen Trees - permit required to
Remove:
It shall be unlawful for any person, organization, society
or association, except as hereinafter exempted, to remove
or cause to be removed a protected tree as herein defined
without first obtaining from the Director a permit for
such removal.
Permit Procedure:
A. Application for a permit to remove any protected
tree shall be submitted to the Director of Community
Development in writlJ~g ct a form provided by the
Director.
B. No application for a permit to remove any protected
trees shall be accepted or otherwise considered by the
Director until all of the County, State or Federal .
requirements, regulations, ordinances, have been met,
including but not limited to Special Treatment "ST"
review, Environmental Impact Statement, Development
of Regional Impact Review, U.S. Corps of Engineers
permits and State of Florida Department of Pollution
Control permits, or other'applicable state agency
reviews or permits.
In additYon, the application shall include the following
minimum information:
(1) An over-all site plan including the
approximate shape and dimension of the lot or
parcel of land, together with existing and
proposed driveways, structures and improvements.
(2) The approximate location of all protected
trees, as defined herein, which trees shall be
identified as to type and species. Large stands
of trees such as a Cypress head or pine grove
may be shown as a collective tree grouping along
with an approximate number of individual protected
trees contained in the tree stand.
(3) The designation of all protected trees which
are to be removed.
(4) A statement of the reasons such permit is
desired.
(5) A statement of the method to be used to
designate those trees to be removed and the method
to be used to designate and protect those trees
that are not to be removed.
Criteria for Removal of Protected Trees: The
Director shall approve an application to remove protected
trees if one or more of the following conditions is prasent
with due consideration to minimizing damage to protected
trees:
(1) The protected tree is a safety hazard to pedestrian
or vehicular traffic, public service, utilities, or to
an existing building;
(2) A protected tree is weakened by age, storm, fire
or other injury;
(3) The parcel of land will not adequately support
the present number of protected trees in a healthy
condition as determined by good forestry practice;
(4) It is necessary to remove protected trees:
(a) To locate a proposed structur~ and the
required off-street parking on a site for which
a building permit has been issued.
(b) For necessary access by construction equipment
to the aforementioned building site and the
proposed structure;
(c) To Frovide reasonable ingress and egress to
the property based upon considerations of the
actual or projected use of the property.
(5) Essential. grade changes, surface water drainage
or utility installations, when done in conjunction
with plans reviewed and approved by the appropriate
city, county, state or federal governmental agency.
(6) TO comply with other Codes including zoning,
subdivision regulations, health provisions, and other
environmental ordinances.
(7) The applicant plants trees replacing t~cse
protected trees removed and the replacement of trees
is done according to a plan approved by the County.
Replacement trees shall not be of undesirable species
as described in Paragraph 7.A.
D. On-Site Inspection: The Director may conduct an on-site
inspection to determine if such removal conforms to the
requirements of this Ordinance and what effect if any, the
removal of said trees will have upon the drainage, topography,
and natural resources of the affected area prior to the
granting or denying of said application.
E. Denial of Permit: In the event an application is denied
by the Director, the reason(s) shall be noted on the
application form and the applicant shall be notified
accordingly.
5. Permit Fees: Application for a protected tree(s) removal
permit filed with the County shall be accompanied by a non-
refundable fcc of five ($5.00) dollars for the first acre or
fraction thereof and five ($5.00) dollars for each additional
acre or fraction of an acre thereafter up to a maximtun fee of
five hundred ($500.00) dollars. Such fees are hereby declared
to be necessary for the purpose of processing the application
and making the necessary inspections for administration and
enforcement of this Ordinance.
6. Issuance of Permit:
A. Based upon the information contained in the application,
the Director shall approve or deny the application and if
approved shall issue the permit ~or a period not to exceed
six (6) months. The Director may attach reasonable
conditions to the permit relative to the method of desig-
nating and protecting those trees which are not to be
BOOK
removed. A violation of these conditions shall operate
to revoke the permit.
B. Expired permits may be renewed subject to all reg-
ulations in effect at the time of the rene%~al.
Exceptions:
A. No permit shall be required to remove the following
trees:
1.) Australian Pine (Casuarina s~.)
2.) Punk (Melaleuca leucadendron)
3.) Srazilian Pepper or F~o~ida 'Holly (Schinus
terebinthifolia)
B. No permit shall be required for the removal of pro-
tected trees on a parcel of land zoned for single family
residential use or being used as a legal non-conforming
single family residence where the following conditions
are applicable:
1. The residence or proposed residence is located
on a lot within a recorded subdivision or on a
parcel of land not more than 2-1/4 acres in area;
2. In the case of a lot upon which a residence is
already constructed, such removal is being done by
the owner-occupant of the residence, or the renter
or lessee with the owner's permission;
3. In the case of a lot upon which a residence has
not been constructed, such removal is done pursuant
to, and after the issuance of, a building permit
for the construction of a residence upon the lot or
parcel.
C. No permit shall be required for the removal of protected
trees other than a specimen tree on a parcel of land zoned
for or being used for bona fide agricultural purposes to
include wood pulping and the transplanting trees for land-
scaping. Provided, however, that in order to qualify for
this exception, the owner or his agent shall file a Notice
of Commencement with the Director prior to the removal of
the protected trees. No rezoning petition shall be granted,
nor shall any subdivision plat be approved or
i 1619
building permit issued for a p~riod of three (3) years
after the filing of the Notice of Commencement. Such
"Notice of Commencement" shall be in writing on a form
provided by the Director.
D. No permit shall be required for the removal of
protected trees other than a specimen tree when the tree
removal application and protection plans have been reviewed
as part of a P.U.D., subdivision, or other development
application and approved by the County.
E. No permit shall be required for the removal of
protected trees other than a specimen tree grown on the
premises of a licensed plant or tree nursery or tree farm
where such trees are intended for sale in the ordinary
course of the licensee's business.
F. No permit or notice shall be required for the removal
of protected trees which have been destroyed, or damaged
beyond saving or which are a hazard as the result of an
Act of God and constitute an immediate peril to life and
property; such trees other than a specimen tree which do
not constitute immediate peril to life or property may be
removed provided the County is notified of such intent
two (2) business days prior to such removal and the
County makes no objection within said two (2) days time
period.
G. No permit shall be required for the removal of protected
trees other than a specimen tree by a Communication
Utility, Electrical Utility or Federal, State, or County
agency, Engineer or Surveyor, working under a contract with
such Federal, State or County'agency, where such tree
removal is done as a maintenance or governmental function
of such agency.
H. No permit shall be required for the removal of a
protected tree other than a specimen tree by a Florida
Registered Engineer or Florida Licensed Land Surveyor in
the performance of his duties, provided such removal is
for individual trees. The removal of protected tre~s in
a manner which requires clearing a swath of greater than
three (S') feet in width shall require approva~ of the
Director prior to such removal and clearance.
I. Removal of Dead Trees: A permit shall not be required
for the removal of dead trees, however, the prior approval
of the Director shall be obtained. Such prior approval shall
not he required for persons of £irms currently licensed in
Collier County to do business as Tree Mover, Tree Service,
Tree Surgeon, Landscaping and Sodding or a pro£ession~l
Landscape Architect so long as such removals are perf¢~med
as part of their service to the consumer. ~pproval of the
Director is required for the removal of a dead specimen
flo Disposal of Diseased Trees: Trees determined by the
Director to be diseased or to endanger contamination of oaher
5tees, ~hall be removed and disposed of on an emergency basis,
as the circumstances require. "Lethal Yellowing" coconut palm
virus shall he considered such an emergency ~ype tree infection
or disease.
9. Appeal from Enforcement of Tree Removal Regulations: Any
'person who feels aggrieved by the application of this Ordinance,
may file, within, five (5) days after said grievance, a
petition with the Director, to have his case reviewed and
acted upon by the Collier County Board of County Commissioners.
SECTION THREE:
Penalty: Any person violating any provision of this Ordinance,
or the conditions Of a permit issued hereunder, shall upon conviction
be punished according to law. In imposing sentencing the Court may,
in mitigation, consider the sucessful replacement of trees illegally
removed. Each act of removing a tree shall be a separate offense. In
addition to or in lieu of the penalties provided by general law for
violation of Ordinances, the Board of County Commissioners may bring
injunctive action to enjoin the removal of trees in violation of this
Ordinance.
SECTION FOUR:
Severability: If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid
or unconstitutional by any Court of competent Jurisdiction, such
portion shall be deemed a separate, distinct and independent proviBion
and such holding shall not affect the validity of the remaining
portion hereof.
Effective Date: This Ordinance shall take effect upon
receipt of notice from the Secretary of State that this Ordinance
has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ,~7~ day of ~;dL~- , 1975
ATTEST: B0~ OF COUNTY COmmISSIONERS
~ of Circuit Court
Thomas P. Archer, Chai~an
app~ed
~/~avid E~sOff'Brune~
~'-~-~Co]lier County Attorney