§ 10-4.362. Protected trees.

(a)

Intent. It is the intent of this division to facilitate a holistic approach to development which incorporates trees suitable for integration into urban development, regardless of size, and which utilizes urban forest areas. It is also the intent to protect and maintain wildlife habitat areas and the forested character of the community through management of development impact and reforestation requirements.

(b)

Scope and applicability. The following trees are protected and shall not be removed or damaged without permit approval pursuant to sections 10-4.364 and 10-4.206:

(1)

General standard. Any tree having a diameter of 18 inches DBH or greater.

(2)

Lot perimeter zone. Any tree with a DBH of four inches or greater which is located in the lot perimeter zone of any development site except for sites being developed for detached single-family residential use. The lot perimeter zone is the area of a development site which falls between a property line and the minimum building setback corresponding to that property line as required by article VI (zoning).

(3)

Canopy roads. Any tree within a canopy road tree protection zone.

(4)

Required tree plantings. Any tree planted to meet the replanting, reforestation, or landscaping requirements of this chapter. Planted tree specimens with a DBH of less than two inches are protected if planted to meet replanting, reforestation or landscaping requirements.

(5)

Environmental features. Any tree located within a special development zone, conservation or preservation area as described in section 10-4.202.

(6)

Official trees. Any Longleaf Pine tree (Pinus palustris) or Live Oak tree (Quercus virginiana) of 12 inches DBH or greater. Any dogwood (Cornus florida) tree of four inches DBH or greater.

(7)

Exceptional specimens. Any exceptional specimen trees identified by the county administrator or designee.

(8)

Pre-development. Any tree of two inches DBH or greater.

(c)

Exemptions. The following shall be exempt from subsection (b) and the tree removal permit requirements of this division:

(1)

Single-family detached residential dwelling units meeting the following requirements:

a.

Within the urban services area: Removal of trees which are less than 36 inches DBH on lots developed with single-family detached residential units during development and post-development.

b.

Outside the urban services area: Removal of trees which are less than 36 inches DBH on lots upon which there is an existing, lawfully occupied, single-family detached dwelling (or mobile home).

c.

Mitigation of adverse stormwater impacts may still be required for clearing activity consistent with section 10-4.201.

d.

Trees proposed for removal shall meet the following criteria:

(1)

Are not located within a wetland or floodplain area;

(2)

Are not located within a canopy road tree protection zone; and

(3)

Are not located within a required buffer, preservation area, conservation area, special development zone or easement area; and

(4)

Are not a patriarch or exceptional specimen tree.

(2)

Nursery trees: The removal of any tree planted and grown in the ordinary course of business of a lawful plant or tree nursery.

(3)

Emergency: The removal of any tree during or following an emergency or an act of nature, when the county administrator or designee determines that permitting requirements will hamper private or public work to restore order to the county.

(4)

Safety hazard: The removal of any tree which the county administrator or designee finds to be in such a hazardous or dangerous condition as to endanger the public health, welfare, or safety and therefore to require immediate removal.

(5)

Bona fide silviculture: Activities associated with a bona fide silvicultural operation on land that has received an agricultural exemption from the Leon County Property Appraiser are exempt from the provisions of this article.

(6)

Archaeological project: Limited excavation activity within the critical protection zone of any protected tree when necessary in association with an archeological project approved by and performed under the direction of the state's department of state, provided that a plan for mitigating the impact upon affected trees is submitted with the exemption application and approved by the county administrator or designee.

(7)

Diseased or pest-infested trees: The removal of a diseased or pest-infested tree for the purpose of preventing the spread of the disease or pests upon verification by the county administrator or designee. When required by the county administrator or designee, the need to remove trees because of disease or pest-infestation may need to be determined by a forester with a B.S. degree or higher from a Society of American Foresters accredited college or by a certified arborist.

(8)

Invasive/exotic trees: The removal of invasive/exotic trees identified on Leon County's List of Invasive Plant Species, upon verification by the county administrator or designee.

(Ord. No. 07-20, § 2, 7-10-07; Ord. No. 08-03, § 9, 1-29-08; Ord. No. 09-23, § 22, 7-14-09; Ord. No. 12-07, § 9, 5-8-12)