Volusia County |
Code of Ordinances |
Chapter 72. LAND PLANNING |
Article III. LAND DEVELOPMENT REGULATIONS |
Division 10. TREE PRESERVATION |
§ 72-842. Tree replacement requirements.
(a)
Trees identified for removal on the tree permit application shall be replaced by replacement stock. Replacement shall be based on the replacement of 15 percent of the total of the cross sectional area of the trunk of the tree removed. Replacement for Sand Pine (Pinus clausa) shall be based on replacement of seven percent of the total cross sectional area of the trunk of the tree removed.
(b)
Diameter used to determine cross sectional area shall be as defined in the Grades and Standards for Nursery Plants, State of Florida, Florida Department of Agriculture and Consumer Services.
(c)
Single trees may be replaced with two or more trees provided the cross sectional requirements are met. In no event shall replacement stock be less than six feet in height, nor have a caliper of less than two inches.
(d)
Replacement species shall be the same general species as the tree removed or an alternative species acceptable to the county forester.
(e)
Replacement trees shall meet the requirements for Florida No. 1 or better grade, as provided in Grades and Standards for Nursery Plants, State of Florida, Florida Department of Agriculture and Consumer Services.
(f)
Replacement trees provided in conjunction with the site plan or subdivision approval shall be considered required improvements.
(g)
Palms may be used as replacement stock up to the full cross sectional replacement area of palms being removed from the site. Palms may be substituted as replacements for other species being removed under the following conditions:
(1)
If the cross sectional area of palms being removed from the site comprises zero to 25 percent of the total cross sectional area of trees being removed, palms may be substituted for replacement of nonpalm species up to a maximum of 25 percent of the total replacement cross sectional area required.
(2)
If the cross sectional area of palms being removed exceeds 25 percent of the total cross sectional area of trees being removed, no substitution of palms for non-palm species will be allowed. The use of palms will be restricted to the replacement cross sectional area originally calculated based on palms that are being removed.
(3)
Since palms are generally moved as mature trees, it is necessary to equate cross sectional area of commonly moved palms to cross sectional area of commonly planted nonpalm species when substituting palms for nonpalm species pursuant to subsection (g)(1) of this section. For the purpose of substitution of palms for nonpalm species, a ratio of 16 square inches of replacement cross sectional area of palms may be substituted for one square inch of replacement cross sectional area of nonpalm species.
For example, a six-inch DBH palm tree containing 28.26 square inches may be substituted for a two-inch caliper hardwood tree containing 3.14 square inches of cross sectional area. The following informational chart indicates common size comparisons:
DBH of Palm
Caliper of Nonpalm Species 6″ equates to 2″ 8″ equates to 2″ 10″ equates to 3″ 12″ equates to 3″ 14″ equates to 4″ 16″ equates to 4″ This substitution ratio applies only when replacing nonpalm species with palms.
(h)
General requirements for replaced trees. Any person conducting tree replacement activities shall:
(1)
Refrain from unnecessarily damaging any other tree or trees remaining on-site while planting or preparing the site for any replacement tree;
(2)
Plant the replacement tree so that it will not interfere with existing or proposed utility lines or cables, either above or below ground. A tree which may reach a height of 30 feet shall not be planted within 20 feet of an overhead powerline;
(3)
Plant replacement tree species and use installation and maintenance methods that follow xeriscape principles, where practicable;
(4)
Plant a replacement tree in an area with adequate space for root and canopy development;
(5)
Complete tree replacement within six months of the issuance of a tree removal permit unless granted an extension by the county forester.
(i)
Maintenance/monitoring requirements for replaced trees. Any person conducting tree replacement activities shall:
(1)
Maintain the health of a replacement tree for a period of two years from the date of planting;
(2)
Replace, within 60 days, any replaced tree that dies or is determined to be effectively destroyed within two years of being planted, as determined by the county forester. The two-year maintenance period shall begin anew whenever a tree is replaced.
(j)
Remuneration in lieu of tree replacement. If it is determined by the county forester that the replacement is not feasible due to lack of available planting space, the following applies:
(1)
The person conducting the tree replacement activity shall, in lieu of actual tree replacement, pay a replacement contribution into the Volusia County Tree Replacement Trust Account.
(2)
The replacement contribution will be determined using a replacement tree fee schedule as determined by council.
(Ord. No. 02-13, § I, 7-18-02; Ord. No. 2008-25, § III, 12-4-08)