§ 25.03. Tree protection and conservation; mitigation for loss or destruction of protected trees during development.

During the clearing of land for development purposes, protected trees shall be conserved on the development site wherever and whenever reasonably possible. To the extent that protected trees are lost or destroyed as a result of the clearing of a development site, the developer shall mitigate for their loss or destruction by the planting of replacement trees as follows:

(a)

The total caliper-inches of replacement trees required to be planted shall equal (i) the total number of dbh-inches of protected Live Oaks ( Quercus virginiana ) lost or destroyed on the development site, plus (ii) one-third of the total number of dbh-inches of other protected trees lost or destroyed on the development site, less (iii) the total dbh-inches for the tree conservation credits for those trees preserved on the site that qualify for tree conservation credits as defined in this article.

(b)

The required amount of replacement trees shall be planted, established and nurtured on the development site to the extent determined practicable by the developer, provided that such trees shall be at least two caliper-inches and shall be planted no closer than ten feet to any other tree.

(c)

To the extent that the developer is unable to, or fails to, plant the required number of replacement trees on the development site, the developer shall complete the mitigation requirements.

(i)

by planting, establishing and nurturing the balance of the required amount of replacement trees at some other site in Duval County, sometimes referred to as off-site mitigation, provided that such trees shall be at least two-caliper inches and shall be planted no closer than ten feet to any other tree, and/or

(ii)

by paying a monetary contribution to the City of Jacksonville's Tree Protection and Related Expenses Trust Fund for the total caliper-inches of required replacement trees that are not planted on the development site or at some other site in Duval County. For each caliper-inch, the contribution amount shall equal the lesser of (x) eighty-five dollars or (y) one-half of the median wholesale price, published by North Florida nurseries located within Duval, St. Johns, Clay, Baker and Nassau Counties, for a container grown two-inch caliper Live Oak calculated as of October 1 of the prior calendar year. The contribution amount shall be recalculated annually by the City of Jacksonville's Landscape Architect at or before the beginning of each calendar year.

(Referendum of 11-7-00)