§ 656.1206. Permit procedure and criteria for tree removal, relocation and replacement of protected trees.

(a)

Permits for site clearing and the removal or relocation of a protected tree shall be obtained by filing an application with the Chief. Approval of the application and issuance of a permit by the Chief shall be required prior to any land clearing or grubbing, prior to any disturbance of the root system or site development, or prior to the occurrence of any changes to an existing developed site. The site shall be inspected to insure compliance with the approved site plan prior to any additional permits being issued. Applications for site clearing and tree removal or relocation shall include the following:

(1)

A site plan, at a scale which clearly illustrates the requirements of this Part, showing the lot configuration; the location and identification of existing and proposed improvements, if any, including structures, water retention areas, paving, grade changes, utilities, easements, and street rights-of-way or approved private streets; the location and identity by botanical or common name and DBH, of protected trees to be removed, relocated or retained and of preserved understory vegetation; and preserve areas. In areas where groups of trees are to remain and no soil is to be disturbed, the tree group may be identified by general species; and

(2)

A statement explaining why the protected tree is proposed to be removed or relocated.

(b)

An application for a permit for the removal or relocation of a protected tree shall be reviewed by the Chief and a decision shall be made thereon within ten working days after receipt of such application; provided, however, that if the Chief determines that a comprehensive study of a development plan or public improvement program is needed to assure the protection of a significant number of trees, he shall refer the application to the Planning and Development Department for a detailed study and recommendation and shall advise the applicant of this action within the ten day period hereinabove specified. The Planning and Development Department shall provide the Chief and the applicant with its report within ten working days after referral of the application.

(c)

Any person, organization, society, association, corporation or agent thereof who intends to trim, prune, cut, disturb roots, or to destroy or remove any tree from a public easement, public property or right-of-way shall obtain a permit from the Chief. All work shall be conducted in strict accordance with the National Arborist Association Pruning Standards for Shade Trees, the American National Standards for Tree Care Operations (ANSI #Z133.1), and any additional conditions of such permit.

(d)

Any department or division of the City of Jacksonville, any independent authority or agency of the City of Jacksonville, and any provider or utility service may obtain an annual permit to trim or remove trees for maintenance purposes, for the installation of new facilities, or to maintain proper clearance on existing facilities upon the submission of an operational manual, procedures and/or standards for such work within the service area of the utility, which manual, procedures and/or standards shall be subject to the review and approval of the Chief. A separate annual permit shall be obtained for areas designated as scenic and historic corridors established pursuant to Section 656.1219, which permit shall include the procedures, standards and conditions imposed by council, if any, in the ordinance designating the corridor. All work shall be conducted in strict accordance with the permit; provided, however, that the requirements of this Section shall not restrict in any manner whatsoever or prohibit any provider of utility service from taking any action to trim or remove trees which is reasonably required in order to restore utility service. The permit holder shall make every reasonable effort to minimize the impact on the environment, including consideration of alternatives for the provision of service.

(e)

The approval, conditional approval or denial by the Building Inspection Division of an application for a tree removal permit, as required by this Section, shall be based on the following criteria:

(1)

The extent to which tree removal decreases aesthetic and environmental quality, land values and physical benefits to human beings;

(2)

The necessity to remove trees which pose a safety hazard to pedestrian or vehicular traffic or threaten to cause disruption to public services;

(3)

The necessity to remove trees which pose a safety hazard to buildings;

(4)

The necessity to remove diseased trees or trees weakened by age, weather, storm, fire or acts of God or which are likely to cause injury or damage to people, buildings or other improvements on a lot or parcel of land;

(5)

The extent to which tree removal is likely to result in damage to the property of other owners, public or private, including damage to lakes, ponds, streams or rivers through runoff or erosion;

(6)

The proposed landscaping, including plans whereby the applicant has planted or will plant perennial vegetative cover to replace those trees which are proposed to be cleared;

(7)

The topography of the land and the effect of tree removal on erosion, soil retention and the diversion or increased flow of surface water;

(8)

The necessity to remove trees in order to construct proposed improvements to allow access around the proposed structure for construction equipment, access to the building site for construction equipment, or essential grade changes;

(9)

The land use and natural vegetative ground coverage of surrounding property;

(10)

The extent of any damage or hardship to the applicant resulting from a denial of the requested permit;

(11)

The species and size of the tree proposed for removal;

(12)

Whether the tree to be removed is an exceptional specimen tree;

(13)

Whether the tree is located within a scenic and historic corridor; and

(14)

Areas to be converted to mitigated wetlands as required by federal, state and local agencies which regulate wetlands.

(f)

Any relocation of trees in compliance with this Subpart shall be performed in accordance with accepted industry practices, including watering to insure survival of transplanted stock.

(g)

Protected trees identified for removal on the site clearing or tree removal permit application shall be replaced with new planted trees, unprotected trees or transplanted trees. Protected live oaks (quercus virginiana) removed shall be replaced only with live oaks. The total caliper inches of replacement live oaks shall equal the total caliper inches of protected live oaks removed; for other removed protected trees, the total caliper inches of replacement trees shall equal one-third the total caliper inches removed. A waiver of this replacement requirement may be approved by the Chief if the tree removal was for the purpose of removing dead, diseased, dying or trees of similar condition or for trees whose roots are causing severe damage, as determined in the sole discretion of the Chief, to an adjacent structure. No waiver shall be allowed for the removal of any tree whose continued existence was necessary for compliance with the City's Landscape Code, for receiving credit for conservation mitigation, or for any tree which was planted as part of a mitigation requirement. The total caliper inches for replacement of exceptional specimen trees shall equal the total caliper inches of exceptional specimen trees removed pursuant to Section 656.1205(d). When there are more than an average of two exceptional specimen trees per acre removed on a particular site, the required mitigation shall be increased by twice the minimum caliper of all exceptional specimen trees lost in order to compensate for that loss. If multi-trunked trees are used as replacement trees, then the total caliper of the four largest trunks shall equal the replacement caliper. Palms may be used only to replace protected palms removed. Replacement species used shall be approved by the Chief. Additionally, the following provisions shall apply:

(1)

No replacement will be required for protected trees which are determined by the Chief to be dead or deteriorated as a result of age, insects, disease, storm, fire, lightning or other acts of nature. Trees that require trimming or other simple forms of abatement to remain viable shall not be exempt pursuant to this subsection. An exemption pursuant to this subsection requires the following:

(i)

Sufficient documentation supporting the exemption in a form approved by the Chief; and

(ii)

Verification of the dead or deteriorated status of the tree by a Certified Arborist; and

(iii)

Evaluation of the tree based upon the current site conditions and viability of the tree, not considering potential impacts of construction.

(2)

New replacement trees shall meet the minimum standards for landscape materials established by Section 656.1211(e).

(3)

Existing trees, two-inch caliper or greater, which are not protected trees but which are preserved or transplanted, except those trees located in preserve areas, may be utilized to satisfy tree replacement requirements, subject to the conditions stated in Sections 656.1207 and 656.1213(b) and (d).

(4)

New, preserved nonprotected, or transplanted exceptional specimen trees or live oaks used as replacement for removed exceptional specimen trees or protected live oaks shall be four-inch caliper or greater.

(5)

Existing protected trees which would otherwise be removed from the site because of development, may be utilized to satisfy tree replacement requirements if transplanted to a location on the site which meets the requirements of Sections 656.1207 and 656.1213(b) and (d).

(6)

If protected tree removal is associated with new development, the name, size and location of all replacement trees shall be shown on the required landscape plan and such trees shall be installed prior to the final building inspection. Otherwise, the name, size and location of the required replacement trees shall be shown on the site plan required for site clearing or tree removal and such trees shall be installed within the time limit stated on the site clearing or tree removal permit.

(7)

Existing nonprotected trees, transplanted trees and new trees used for replacement become protected trees.

(8)

Replacement trees shall be maintained pursuant to the requirements of Section 656.1212.

(9)

Replacement trees may be used to satisfy the tree requirements of Subpart C, landscaping requirements.

(10)

A tree used for replacement shall be at least ten feet from any other tree planted, transplanted or preserved. Greater spacing may be required, based on a tree survey, to ensure survivorship of a tree.

(11)

Replacement trees shall be suitable to the site at which they are planted as determined by the Chief.

(12)

Replacement trees for protected trees larger than 11.5 inches DBH shall be shade trees as required by Article 25 of the Charter of the City of Jacksonville, Minimum Standards for Tree Protection, Conservation and Mitigation During Development .

(13)

Trees planted within an area of an onsite wetland created for mitigation of wetlands removed or relocated on the same site may be used satisfy the requirements of this Subpart.

(14)

If the applicant demonstrates to the satisfaction of the Chief that the site cannot accommodate the total number of required replacement trees as a result of insufficient planting area, the applicant shall provide a monetary contribution to the Tree Protection and Related Expenses Trust Fund. The amount of such contribution shall be determined as follows: For every two caliper inches, or fraction thereof, of replacement trees which would otherwise be required, the contribution shall be equal to the retail value of a planted two-inch caliper nursery grown shade tree. The retail value shall be calculated by taking the average of the median current wholesale price, published by North Florida nurseries, for a container grown, and a balled and burlapped two-inch caliper live oak, multiplied by two. The retail value shall be recalculated and adjusted annually on October first.

(15)

As an alternative to providing a monetary contribution to the Tree Protection and Related Expenses Trust Fund, an applicant may, under the conditions set forth in this subsection, provide mitigation in certain off-site locations. In such cases, the applicant shall install the required replacement trees at another location (the "alternative site") which is not a residential lot and which meets all of the following criteria:

(i)

The alternative site must be located within the same planning district as the applicant's property, as such districts are defined in the City's Comprehensive Plan approved by the City Council. Applicants are encouraged to coordinate with, and seek input from, Planning District Citizen Planning and Advisory Committees in selecting alternative sites for tree mitigation. A location in the proximity of the applicant's property is preferred;

(ii)

The alternative site must be owned or leased by the applicant or by a governmental entity which has authorized the installation of the trees, or is privately owned and nonconforming with respect to the requirements of this Part and the owner has consented to the use of his property as an alternative site; provided, however, that governmental entities providing off-site mitigation may do so only on property owned or leased by a governmental entity;

(iii)

The installation of the trees at the alternative site will provide aesthetic benefits to many of the same citizens which would have benefited from the installation of the landscaping on the applicant's property; and

(iv)

The alternative site is determined by the Landscape Architect to be a location where the trees are likely to survive.

If the applicant elects to install the required trees at the alternative site, the applicant must submit plans for the alternative site for review and approval of the Landscape Architect prior to the issuance of the site clearing permit. Any trees planted at the alternative site pursuant to this Section shall be in addition to, and not in lieu of, the requirements of this Chapter. Irrigation and maintenance of the replacement trees in accordance with the requirements of this Chapter are the responsibility of the applicant, and failure to comply with these requirements is a violation of this Chapter.

(16)

As a further alternative to providing a monetary contribution to the Tree Protection and Related Expenses Trust Fund, an applicant may, in limited circumstances and under the conditions set forth in this subsection, provide mitigation of the required mitigation amount through conveyance of certain lands to the City of Jacksonville. A conveyance of land in lieu of a monetary contribution to the Tree Protection and Related Expenses Trust Fund, must meet all of the following criteria:

(i)

The property to be conveyed to the City must be property the City is willing to accept pursuant to this subsection and maintain as open space;

(ii)

The property to be conveyed to the City must be of a type and in a condition that will result in the preservation of open space and provide the opportunity for substantial tree planting and increase in tree canopy on the site;

(iii)

The value of the property being conveyed to the City, as established in an appraisal acceptable to the City's Real Estate Division or the land value of which was established in an eminent domain proceeding within the previous five years, must equal or exceed the amount of the monetary contribution which would be made under this section;

(iv)

The property being conveyed to the City must be free from environmental contamination, as established in environmental audits and studies acceptable to the City;

(v)

The property being conveyed to the City must have clear title and be free and clear of any outstanding liens or unpaid taxes;

(vi)

Prior to conveyance to the City the owner shall furnish to the City, at no expense to the City, a landscape plan acceptable to the City for the City's use in planting trees on the property and a boundary survey of the property prepared by a licensed surveyor;

(vii)

Prior to conveyance to the City the property shall have been rezoned to Conservation (CSV) zoning district;

(viii)

The property being conveyed to the City must be located within a one-mile radius of the property from which protected trees were removed creating the requirement for mitigation under this section;

(ix)

The property being conveyed to the City shall be contiguous to a City right-of-way or City-owned land;

(x)

The property being conveyed to the City should be a minimum size of approximately 1.25 acres;

(xi)

The property being conveyed to the City shall not be land protected from development by other restrictions, such as subdivision buffer areas or St. Johns River Water Management District conservation easements;

(xii)

The property being conveyed to the City shall be free from easements which would limit tree planting such as overhead or underground utility, drainage or access easement which would, in the opinion of the City, unduly limit the ability of the City to plant trees on the site; and

(xiii)

The land being conveyed to the City shall be upland areas suitable for tree planting.

In the event that any portion of this subsection is declared invalid, unenforceable, unconstitutional or void, or is permanently enjoined, or if the existence of this subsection would result in any other portion of Chapter 656, Part 12, or Article 25 of the Charter being held to be invalid, unenforceable, unconstitutional or void, then thereafter no conveyance of land as mitigation shall be accepted pursuant to this subsection and all mitigation requirements shall be satisfied as otherwise allowed in this section.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 93-718-395, § 1; Ord. 97-192-E, § 2; Ord. 97-434-E, § 1; Ord. 2001-161-E, § 2; Ord. 2001-424-E, § 1; Ord. 2002-868-E, § 1; Ord. 2002-1119-E, § 1; Ord. 2005-1019-E, § 1; Ord. 2006-269-E, § 1; Ord. 2008-910-E, § 1; Ord. 2017-396-E , § 1)