Ordinance 73-23ORDINANCE NO. 73 ~_~_
AN ORDINANCE TO PROTECT CERTAIN TREES WI~IIN
COLLIER COUNTY; PROVIDING DEFINITIONS, PRO-
VIDING FOR TREE PROTECTION PRIOR TO DEVELOP-
MENT, ESTABLISHING A PERMIT PROCEDURE; PRO-
VIDING FOR EXCEPTIONS, VARIANCES AND APPEALS,
ESTABLISHING PENALTIES; PROVIDING FOR SEVER-
ABILITY; AND PROVIDING AN EFFECTIVE DATE.
~ ~EREAS, trees serve the essential function of converting
carbon dioxide into oxygen for sustaining human and animal life, and
WHEREAS, trees are a positive physical and psychological
factor making urban life more comfortable by providing shade,
cooling tho air, and reducing noise levels and glare, by breaking
the monotohy of man's development of the land and providing varied
envfronmental amenities, and ~
WIIEREAS, regulation of tree protection results in use of
trees for landscape purposes effectively protects and conserves
property value, and
WHEREAS, the Board of County Commissioners of Collier County,
Florida, has determined that requirements for protection of trees
within Collier County"are 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,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
1. Purpose and Intent: Tile-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 th~ ordinance is to protect the maximum
number of trees and, in particular, the Cypress (Taxodium spp.)
and Slash Pine (Pinus ~lliotti) 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 ~nd
diligence to protect tr~e~.
2. Definitions:
A. Protected Tree: Any self-supporting perennial plant
which has a trunk diameter of at least four (4,) inches in diameter
measured at a height of four (4') feet above the n~tural grade and
having u discernible crown~ palm or conflent branches or foliage
toward the upper portion.
For the purpose of this ordinance, "Protected Tree" shall
include mangrove trees as in 2.E., following.
B. Tree Removal: Any act which will reasonably and
willfully cause a protected tree to die within three (3) years,
including but not limited to damage to the root system by machinery
or storage of materials; soil compaction, changing of the natural
grade above the root system or around the trunk; excessive pruning;
or paving with impervious material which is harmful to a tree.
C. Specimen Tree: A specimen tree shall mean a tree
which has been determined by the judgement of the Urban Forester
to be of high value because of its type, size, or age or ot~er
professional criteria, and h~s been so 'designated and that designs-
\
tion has been officially recorded as part of the official records
of Collier County.
For the purpose of this ordinance, all specimen trees shall
be considered to be "protected trees".
D. Commercial Nurser¥~ 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
sale to the general public in the ordinary 'course of said licensee's
business.
E. Man~rove Trees: All species of the genus Rhizophora,
(Red Mangrove) Conocarpus erectu~, (Buttonwood) bazuncul~ria racemosa,
(White ~angrove) and Avicennia nitida (Black Mangrove). Mangrove
trees of whatever size are recognized to be of special ecological
values. No mangrove tree shall be removed or destroyed without a
tree removal permit.
F. Buildable Area: Buildable area shall be defined to
mean that portion of a building sit& for ..which a plan has been
issued by the Collier County building'official.
'~. Protected Trce~ Permit required to remove: It shall be
unlawful for any person, organization, society, association, or
corporation to remove a protecte~ tree without first obtaining a
permit as required herein:
A. Any protected tree within the front, side or rear
yard, setback areas of a 'lot, as established by Collier County Zoning
Regulations (Primary Tree Protection Area).
B. Any Specimen Tree as defined in paragraph 2. C., above.
Permit Procedure
A. Application for any request to remove any protected
tree'(s) shall be submitted to the Urban Forester, through the
Planning Department, in writing on a form provided by the Plan-
ning Department.
In addition, the application shall include the followimg
minimum information:
l~ An overall site plan including the approximate
shape and dimensions 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 trces such as a Cypress head or pine
grove may be shown as $ 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 as to why said trees are to be removed.
B. Criteria for Removal of Protected Trees: The Urban For-
ester may approve the permit if one or more'of'the following con-
ditions is present with.due consideration to minimizing damage
· to pro~ected trees:
1) The protected tree is a safety hazard to ped-
estrian or vehicle traffic, public services, or
to existing buildings;
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
condit~on as determined by good forestry practice;
4) It is necessary to remove protected trees -
a. To locate m proposed structure to avoid
hardship;
b. For necessary access by construction equip-
ment to the building site and the proposed
structure;
c. Essential grade changes, surface water
drainage and utility installations.
5) Ti comply with other Codes including building,
zoning, subdivision regulations, health pro-
visions, and other environmental ordinances.
6) The applicant plants trees replacing those removed.
C. On Site Inspection: The Urban Forester or his agent,
shall conduct an on-site inspection to determine if such re-
moval conforms to the requirements of this Ordinanc~ and what
effects 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. Based upon a.
review of these factors, the application shall b~ either ap-
proved as is, approved subject to specified conditions, or
denied.
In the event an application is denied, the reason (s) for
denial shall be noted on the application form and the applicant
shall be so notified.
5. Permit Fees: Application for a ~rotected tree (s)
removal permit filed with the Planning Department shall be ac-
companied by a non-returnable fee of five (~5.00) dollars for
the first acre and five ($5.00) dollars for each acre or frac-
tion of an acre thereafter up to a maximum f~e of five hundred
dollars. S~ch fees are hereby declared to be necessary for the
purpose of processing the application and making the necessary
inspections for administration and enforcement, of thi~· Ordinance.
6. Exceptions: Exceptions to the provisions of this Or-
dinance as related to the removal of protected trees within
Collier' County aze as follows: (Note: Specimen Trees shall
not be exempted except where specifically stated.)
A. The following trees are specifically exempt fro~
the terms and provisions of this Ordinance:
a. ' Broussonetia papyrifera (Paper Mulberry)
b. Casuarinaceae (Australian Pine).
c.. Enterolobiom cyclocarpum (Emr Tree)
(Florida belly"
Melaleuca Leueadendrm (Punk)
Melim azedarach .(Chinaberry Tree)
Schinus Terebin~hinfolius (Brazilian Pepper Tree)
B. Trimming of trees as normal maintehance provided
such trimming does not result in the mutilation, death, or dc-
struction of the tree.
C. Any protected tree other than a sPecimcn Tree lo-
cated on a parcel of land zoned single family or duplex or being
used as a non-conforming single family or duplex provided such
tree is located on the premises of an individual owner, renter,
or lessee and further provided such property is no~ being pre-
.pared for the development of a subdivision, a use approved as
a special exception or any other use other than for a single-.
· family or duplex use. Specimen Trees sh~ll not be exempted.
D. Protected Trees which are located 6n a parcel of
land zoned for agriculture or being used as a nonconforming
agricultural use provided such trees are removed in conjunction
with the preparation and/or use of t~e premises for agricultural
purposes. Any such parcel of land which is zoned for agricult-
ural use and on which such land the protected tree(s) have been
removed without an~approved tree removal 'permit may not be con-
verted to a non, agricultural use nor may such lands be considered
for any type of rezoning petition for a per$od of three (3)
years after the agricultural operations cease.
E. Any protected tree is) which is'lo'cared in a P.U.D. sub-
division, d~velopment, or project which has received County ap-
proval provided the removal of all affedted trees are shown on
the P.U.D. subdivison, development, or proJe~{ ~lan ~pproval,.and
provided such plans have been previously reviewed and approved by.
the Urban Forester.
F. Ail protected tree (s) which are grown by a licensed
plant or tree nursery or tree farm provided such trees are plant-
~d and grown on the licensee's premises for the sale or intended
sale to the general public in the ordinary course 'of said licen-
see's business.,
G. All protected tree(s) ~hich have been destroyed or
harmed by hurricane or similar act of God beyond saving or which
are a hazard ns tho rnsult of a hurricane or such similar act
of God, shall bo exempt from the provisions of this section for a
period of thirty (30) days following such hurricane or similar
act of God, provided the Urban Forester is notifie~ of such in-
tended remora! at 2east two (2) official business days prior to
removal of any tree· The Urban Forester sha~! confirm or deny
the request within the two (2)day period. There shall be no
fee for this inspection and review. The two (2) day period and
any .portion of the written application may be appropriately
shortened or waived by the Urban Forester in order to Eive
· immediate attention to a protected tree which has been damaged as.
to constitute an immediate peril to life or propertY.
It. Any protected trees which are removed as a normal
maintenance and operational function of a county, state or Federal
governmental agency, communication utiliiy, electrical utility or
a county-approved utility company, and professional engineer or
surveyor registered under the laws of Florida in the performance
of his official duty. .Specimen trees shall r~quire a tree removal
.permit.
7. .Disposal of Diseased Trees: Trees the Urban Forester
determines to be diseased or to endanger contamination of other
trees, shall be removed and disposed of on an emergency basis,
~s the circumstances require· "Lethal Yellowing" coconut palm
virus shall be considered such an emergency type tree infection
or disease·
8. Appeal from Enforcement of Tree Removal Regulations:
Any person who feels aggrieved under the strict enforcement by the
Urban Fores'ter of the tree removal regulations contained herein may
file, within five (5) days after said aggrievement, a petition to
have his case reviewed and acted upon by the Collier County Board
of Commissioners whose decision on all matters shall be final.
9. Penalty: Any person violating any provision of this
Ordinance, or the conditions of a permit issued herevnder, shall
upon conviction.be punished according t~ l~w./. In imposing sentencing
trees illegally removed, Each act b~ removing a tree ~hnll be a
SECTION TWO:
10. Severabilit~:. (Saving~) If any section, subsection,
clause, sentence or phrase of this ordinance is for any reason
held unconstitutional or invalid, the invalidity thereof shall
not affect the validity of any remaining portions of this or-
dinance.
ll. Conflict: Should this ordinance conflict with other
law the more restrictive shall apply. If any part of this
ordinance conflicts with any part, it shall be severed and the
remainder shall have the full force and effect and be liberally
construed. '
12. Effective Date: This Ordinance shall become effective
upon becoming law.
PASSED AND DULY ADOPTED by the Board of County Commissioners,
of Collier County, Florida, this 45h day of December , 1973.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, --C'lif~rd Wenzel '(/
ATTEST:
~t C~e~ o%~ Circuit Court .
Com%.ty Attorney