§ 4.01.06. Trees and Other Vegetation

A.

Design Standards

1.

The developer shall design and locate proposed improvements to minimize the removal of native vegetation and all trees having a DBH of five inches or greater. However, it is not the intent of this provision to preclude the reasonable use of a lot or parcel of land consistent with the requirements of the this Code.

2.

The developer shall preserve all trees having a DBH of five inches or greater and native vegetation as described below. This provision shall apply except in cases where removal is necessary to allow access to and immediately around proposed structures or other improvements, to allow development of recreational open space requiring cleared areas, to remove unhealthy or damaged vegetation, to install a utility or solar energy equipment that could not otherwise be installed, or to comply with other regulations of Hillsborough County.

3.

The developer shall preserve all trees identified as a grand oak unless authorized for removal by the Administrator. This provision shall not apply for a grand oak located in road site distances, recovery and maintenance areas as shown in the Transportation Technical Manual unless the County Engineer, otherwise, renders a determination that a grand oak may be preserved in these areas.

4.

For any land to be developed which contains a natural plant community, a minimum of 50 percent of the total pervious open space of a proposed development project (excluding any area to be used for a stormwater retention or detention basin or stormwater conveyance) shall retain the native vegetation of the plant community, including understory vegetation. If the area of existing natural plant community is less than 50 percent of this total pervious open space, then all of the native vegetation shall be retained. At the time construction of the principal structure allowed pursuant to this Code, the native vegetation retention requirement shall not apply to an individual lot to be developed for single-family or two-family residential use.

5.

Where a golf course is to be developed on land containing a natural plant community, the golf course shall be designed to maximize the preservation of the native vegetation of the community by incorporating portions of this vegetation, including understory vegetation, into the golf course where possible. Preservation can be accomplished by using narrower fairways, retaining the native vegetation within the outer rough areas, and using this vegetation to buffer and screen between parallel fairways.

6.

Removal of native trees having a DBH of five inches or greater within 100 feet of the Hillsborough River, Alafia River, or Little Manatee River shall be prohibited, except when reasonable property use is not possible without removal or in cases of overriding public interest. The 100 feet shall be measured from the jurisdictional line established by the EPC for wetlands or natural water bodies.

7.

The developer shall be required to replace 50 percent of the total DBH of any tree having a DBH of 24 inches or greater or any clump of trees, as defined in this Code, that is to be removed from the site. Irreparably unhealthy or damaged trees, as determined by the Administrator, shall not require replacement. If the tree removed is a species which either has undesirable growth habits or is susceptible to freeze damage, as determined by the Administrator, replacement shall not be required. A grand oak, however, shall be replaced as indicated below if authorized for removal by the Administrator.

Grand Oak Trunk Measurement	Replacement Ratio (in DBH inches)
34″ — < 48″ DBH	1:1
48″ — < 60″ DBH	1.5: 1
60″ DBH and greater	2:1

 

This replacement requirement, however, shall not apply when the Administrator has determined that Section 4.01.14.A.4.b of this Code is applicable. Replacement of a grand oak for these situations shall not exceed 20 percent of the DBH trunk diameter unless a lesser amount is appropriate as determined by the Administrator.

8.

Where possible, replacement trees, as defined in this Code, shall be planted on the same property for which the Natural Resources Permit is granted. Each replacement tree shall be a species that is suited to the environment in which it will be planted. The use of native species shall be encouraged.

9.

The recommended transplanting techniques described in Tree and Shrub Transplanting Manual, International Society of Arboriculture, shall be used as a guideline in determining if a tree can be feasibly transplanted.

10.

Land alteration and construction activities shall be approved within the dripline of a tree to be retained on the site provided design techniques are used that minimize damage to the root system of the tree (e.g., retaining walls, tree wells, root aeration devices, pervious pavers, pervious concrete, green space, as appropriate). Where it is not practical for underground utility lines to be routed around the dripline, tunneling shall be employed to route the lines through this area.

11.

In the urban and suburban land use categories where a natural plant community exists along the Little Manatee River, clearing and filling of native vegetation shall be prohibited within 50 feet of the wetland jurisdictional line established by the EPC or within 100 feet of the mean and ordinary high water line, whichever is greater, except when reasonable property use is not possible.

12.

For lands along rivers and creeks in I-75 Planned Development zoning districts (IPD-1, IPD-2, IPD-3) of the I-75 Corridor, see 3.02.04 Y.

13.

The American National Standards Institute (ANSI) A 300 Pruning Standards, referenced as Section 4.1.6.1.8 (Natural Resources) of the Development Review Manual are the standards to be utilized for all tree pruning activities. Failure to comply with the ANSI A 300 Pruning Standards may result in prosecution under this Code for effective tree removal unless a land alteration permit authorizing the removal has been obtained.

14.

Pruning of a grand oak, with the exception of minor pruning, is prohibited unless conducted in accordance with the ANSI A 300 Pruning Standards as performed by an Arborist certified by the International Society of Arboriculture (ISA) or a Registered Consulting Arborist with the American Society of Consulting Arborists (ASCA). A notarized affidavit affirming an ISA Certified Arborist or an ASCA Registered Consulting Arborist will conduct or onsite supervise the pruning shall be submitted to the County prior to the pruning of a grand oak. An ISA Certified Arborist or an ASCA Registered Consulting Arborist contracted by a property owner to prune a grand oak shall assume full responsibility for all pruning activities determined in noncompliance with standards specified within the Land Development Code.

B.

Construction Standards

1.

No attachments other than flagging or similar material identifying protected trees shall be attached to trees designated to remain on the site.

2.

It shall be unlawful to undertake the following activities within the dripline of a tree remaining on the site, unless otherwise approved by the Administrator: remove vegetation, except by hand, or place soil deposits, debris, solvents, construction material, machinery or other equipment of any kind, or undertake any other land alteration or construction activity which would cause the tree to die within a period of two years.

3.

The compaction, filling or removal of soil or the use of concrete, asphalt or other paving material shall be prohibited within the dripline of a tree that is to remain on the site, unless otherwise approved by the Administrator.

4.

All tree roots existing within approved improvement areas and originating from a protected tree shall be severed clean at the boundary of the area to be preserved around the tree.

5.

Trimming of protected trees shall be undertaken in accordance with the American National Standards Institute (ANSI) A 300 Pruning Standards.

C.

Credit

1.

Healthy, transplantable trees, which otherwise would be destroyed to construct improvements, shall be credited as replacement trees if the transplanting method is approved by the Administrator.

2.

Where a minimum number of trees is required to meet the Landscaping Regulations, credit shall be given for the retention of existing trees as specified in 6.07.02.

3.

Existing trees less than five inches DBH in size to be retained on the site after development shall be credited toward any required replacement trees, provided the existing trees are a minimum of one inch DBH, Florida Grade #1 or better quality, and protected from any land alteration and construction activities which would cause the health of the trees to decline.

D.

Tree Donation

1.

When a permit is issued for tree removal, the Administrator may, with the owner's permission, arrange for the relocation the tree at the County's expense to County-owned property for replanting, either for permanent use at the new location, or for future use on other property owned by Hillsborough County.

2.

If the Administrator does not elect to have any such tree relocated, the Administrator may give any city within Hillsborough County the right to acquire the tree at the city's expense for relocation within the city's incorporated area for public use.

3.

Relocation shall be accomplished within 15 working days of permit issuance, unless it is necessary to root prune the tree to assure its survival, in which case relocation shall be accomplished within a suitable time frame agreed to by all parties.

E.

Removal of Invasive Plant Species

1.

The invasive plant species listed below shall be removed during the development process:

Schinus terebinthifolius (Brazilian Pepper Tree)

Melaleuca quinquenervia (Cajaput or Melaleuca)

Casuarina spp. (Australian Pine)

2.

Removal of these species from developable uplands, and all buffers and setback areas landward of required erosion control devices, if any through hand, mechanical and/or chemical means, from a site development or subdivision project shall be completed prior to issuance of the Certificate of Occupancy or acceptance of Improvement Facilities, respectively, as specified in the Natural Resources Permit. Removal shall only be required for the portion of the project described in the Natural Resources Permit. However, removal is not required on a subdivision lot(s) when the lot(s) will not be altered, with the exception of utilities installation, during the construction of Improvement Facilities. Removal shall occur at the time of building construction.

3.

When conservation or preservation areas exist within the project boundaries and contain a significant amount of the above listed invasive plant species, as determined by the County and the EPC, the County Administrator shall allow the developer to reduce the required conservation/preservation area setback up to 50 percent, or reduce the tree replacement requirement as defined in 4.01.06 A six up to 50 percent, provided the developer removes the invasive plant species from the conservation/preservation area. Pools, as specifically approved, may be constructed up to five feet from a conservation area and up to 15 feet from a preservation area.

4.

As determined by the Administrator, through consultation with the appropriate regulatory agencies, removal may not be required if such removal procedures would cause adverse impacts to the environment. Adverse impacts may include disturbance of listed plant or animal species, degradation of any natural plant communities or promotion of soil erosion by wind or water.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 01-26, § 2, 9-12-01; Ord. No. 03-9, § 2, 6-5-03; Ord. No. 04-27, § 2, 6-10-04)