§ 9.02.00. Tree Protection.

A.

Purpose. The purpose of this Section is:

1.

To encourage the proliferation of trees and palms.

2.

To establish rules and regulations governing the protection and replacement of trees and palms within unincorporated Lake County; and

3.

To recognize the importance of trees and palms and their meaningful contribution to a healthy, beautiful, and safer community attributable to their carbon dioxide absorption, oxygen production, dust filtration, wind and noise reduction, soil erosion prevention, lakeshore erosion protection, wildlife habitat, surface drainage improvement, beautification and aesthetic enhancement of improved and vacant lands and the general promotion of the health, safety, welfare and well-being of the community.

9.02.01 Protected Trees.

A.

Designation of Protected Trees. The following trees and palms are designated protected trees:

1.

All trees and palms native to Florida or Florida Friendly, three (3) inches or larger in diameter at breast height.

2.

Sand Pine and Xeric Oak Scrub community trees two (2) inches diameter or larger at breast height.

3.

Wetland trees of any size.

4.

Specimen and Heritage trees.

B.

Exemptions to Protected Trees. Prohibited trees, invasive trees, citrus or non-native fruit trees of any species Shall not be considered a protected tree.

9.02.02 Tree Removal Permit Required. It Shall be unlawful and a violation of this Section to clear, kill or remove a protected tree or palm by any method without first obtaining a tree removal permit unless exempted under Section 9.02.04.

When a development order is issued for a site plan, subdivision or master park plan, a separate tree removal permit Shall not be required if the trees to be removed are identified and mitigated on the approved landscape plan. Approval of a preliminary plat does not authorize approval for the removal of trees or other vegetation.

Any tree removal, not specifically exempted herein, Shall require replacement trees in compliance with this Section and Shall specify the schedule when trees will be removed and when such replacement trees will be planted.

When the removal of trees is associated with a development project, the removal of trees authorized pursuant to the Lake County Tree Removal Permit Shall not commence until one (1) of the following has been approved or issued:

A.

Subdivision construction plan;

B.

Final master site plan;

C.

Master park plan; (only applicable within parks);

D.

Building permit; or

E.

Lot grading/site alteration plan.

9.02.03 Violations. Each tree damaged or destroyed without a permit required under Section 9.01 or Section 9.02 Shall be considered a separate violation punishable pursuant to Chapter 8, Lake County Code. Determinations of the number of cleared trees Shall be based on best available data that may include surveys of adjacent property or aerial photographs taken prior to clearing.

A.

If a specimen tree or a heritage tree is removed without a tree removal permit, each tree Shall be replaced at a ratio of 2.5:1 of the mitigation requirement. If three (3) or more protected trees are removed without a tree removal permit, each tree Shall be replaced at a ratio of 2:1 for mitigation. Any other tree removal without a tree removal permit Shall be replaced in accordance with the replacement requirements stated for a permitted removal.

B.

If a protected tree is removed without a permit, a restoration plan Shall be prepared and submitted within thirty (30) days for approval by the County Manager or designee. All trees shown on the approved site restoration plan must be installed pursuant to Section 9.02.07 Location of Tree Replacement Sites.

9.02.04 Exemptions to Tree Removal Permit Requirements. The following protected trees and palms may be removed without a tree removal permit and required mitigation:

A.

Excluding the number of trees required in Section. 9.01.08(A), any tree located on a single family residential lot, two (2) acres or less in size that also contains a residential dwelling. All other trees that are not required for any landscape requirement, provided such removal does not to exceed a combined cumulative caliper of thirty (30) inches of Protected Trees within any one (1) three-year period;

B.

Trees located within new or existing recorded or prescriptive public road or drainage rights-of-way and easements that are to be removed as part of a Board of County Commissioners approved project. However, all protected trees removed under this exemption Shall be avoided or relocated whenever feasible.

C.

Any tree determined to be in a hazardous or dangerous condition so as to endanger the public health, safety or welfare and requires immediate removal. Authorization may be given by the County Manager or designee pursuant to the following procedures:

1.

Photo documentation of the hazardous tree(s) by property owner is required prior to removal and Shall be submitted to the County Manager or designee.

2.

If the tree, due to immediate danger, is removed prior to obtaining written authorization, a letter and photo documentation demonstrating the immediate danger Shall be submitted to the County Manager or designee within fifteen (15) days of the removal.

3.

The subsection expressly includes Heritage and Specimen Trees when such trees endanger property or the public health, safety or welfare.

D.

Agriculture and Silviculture. Bona fide farm operation on land classified as agricultural pursuant to Section 193.461, Florida Statutes, as amended.

1.

Silviculture operations on property zoned Agriculture, or legally existing nonconforming agricultural uses, that have completed a Forestry Management Plan and would qualify for classification as agricultural pursuant to Section 193.461, Florida Statutes, as amended.

2.

Silviculture activities regulated through best management practices, interim measures, or regulations developed through the Florida Department of Environmental Protection, Florida Department of Agriculture and Consumer Services, or water management district.

3.

The activity is expressly regulated and permitted by the U.S. Army Corps of Engineers or U.S. Environmental Protection Agency.

E.

Trees that have died through natural causes or diseased trees Shall not require replacement or relocation. Trees killed or toppled by Acts of God such as lightning, hurricanes and tornadoes Shall not be required to be replaced or mitigated unless the tree(s) are required as part of a Development Order issued by Lake County.

F.

Trees removed as part of a county public works' project including but not limited to stormwater management, reservoirs, or other major utility improvements. A tree removal permit shall be required for municipal public works' projects located in the unincorporated county.

(Ord. No. 2019-01, § 4, 1-15-19; Ord. No. 2019-27, § 3, 4-23-19)

9.02.05 Criteria for Issuance of Tree Removal Permit.

A.

Tree Removal Permit. A tree removal permit may be issued when one (1) or more of the following circumstances exist:

1.

Street opening. The location of a tree restricts the opening of a street or right-of-way. Streets and rights-of-way Shall be located to minimize the loss of trees, especially specimen and heritage trees;

2.

Utilities and drainage. The location of the tree restricts the construction of utility lines or drainage facilities. Utility lines and drainage facilities shall be located to minimize the loss of trees, especially specimen and heritage trees. Utility providers shall also coordinate with adjacent property owners and seek alternative easements to the extent practicable so as to minimize the loss of trees;

3.

Property access. The location of the tree prevents access to the property. Exit and entry Shall be located to minimize the loss of trees, especially specimen and heritage trees;

4.

Property use. The location of the tree restricts use of the property consistent with all other County and state codes, statutes, ordinances, and resolutions, and site location modifications are not feasible or reasonable;

5.

Hazards. The tree constitutes a potential hazard to life or property that cannot be mitigated without removing the tree;

6.

Poor tree health. The tree is dying or dead so that its restoration to sound condition is not practical, or it has a disease which can be expected to be transmitted to other trees and to endanger their health;

7.

Thinning of trees. For non-bona fide silviculture operations, thinning of trees in order to increase light and air circulation for the purpose of improving health conditions, or to prevent disease, of a group of trees, the selective removal of up to twenty-five (25) percent of the group of trees may be permitted. Thinning Shall include any removal of trees from the lot and Shall not exceed the maximum clearing allowed in this Section. Thinning Shall follow Best Management Practices (BMPs) published by a government agency or the National Tree Care Industry Association.

8.

The tree is located in the footprint of a Family Garden to be sited pursuant to Chapter III, LDR.

B.

Tree Removal Procedure. The tree removal permit, when issued, Shall specifically identify which trees Shall be permitted to be removed. Each tree permitted for removal Shall be physically marked with an "X" using brightly colored paint or surveyor's tape; or if a group of trees are permitted for removal, the outside perimeter trees of the group may be designated with brightly-colored rope or tape in lieu of each tree. Such permit Shall automatically expire twelve (12) months after issuance. Trees not removed during the life of the permit may not be removed without the issuance of a new permit based upon a new application.

C.

Removal not required. Tree removal permits merely authorize the removal of trees specified therein. Nothing in this Section Shall be construed to require the removal of protected trees by the permittee.

(Ord. No. 2012-70, § 5, 11-6-12; Ord. No. 2019-27, § 4, 4-23-19)

9.02.06 Replacement Requirements. When a tree removal permit is issued, the County Manager, or designee, Shall require the replacement of removed trees and palms as a condition of the issuance of a permit, as follows:

A.

Protected and Specimen Trees. Fifty (50) percent of the total number of caliper inches measured at diameter breast height (DBH) for Native and Florida-Friendly trees.

B.

Heritage Trees. One-hundred (100) percent of the total caliper inches of a Heritage Tree.

C.

Replacement trees.

1.

Trees removed which are exempt under Section 9.02.04 or removed pursuant to Section 9.02.05.A.7. shall not require replacement unless needed for minimum tree requirement.

2.

Trees located within the proposed footprint and ten (10) feet around the perimeter of the footprint of a new dwelling unit, duplex, residential addition, septic tank/drainfield or driveway area, shall not require replacement unless needed to meet the minimum tree requirement, provided the following condition is met:

a)

There is not sufficient area on the lot to locate the new dwelling unit, duplex, residential addition, septic tank/drainfield or driveway, meeting all setbacks, without removing the trees. The following standards shall apply:

1.

Trees shall only be removed after the building permit for the new dwelling unit, duplex or residential addition has been obtained; and

2.

If an approved building inspection is not completed on the dwelling unit, duplex or residential addition within six (6) months of obtaining the building permit, replacement of the trees removed shall be required.

3.

More than one (1) tree may be used to replace a tree or trees that are removed, but the minimum caliper of the replacement canopy trees Shall be no less than two-and-one-half (2½) inches and two (2) inches for replacement ornamental trees.

4.

Minimum of seventy-five (75) percent of the replacement trees Shall be canopy trees.

5.

Twenty-five (25) percent maximum of the replacement trees may be ornamental trees.

6.

Palm trees and pine trees may be used but Shall not exceed four (4) inches credit per tree given as replacement regardless of their installed size.

7.

Replacement trees may be used to meet the landscape requirements set out in Section 9.01.

D.

Tree Sampling for Large Sites. Sites over fifty (50) acres may identify and sample trees to be removed as follows:

1.

The locations of all specimen and heritage trees protected or proposed for removal Shall be located.

2.

Other protected trees Shall be surveyed as follows:

a.

The first fifty (50) contiguous acres Shall be surveyed by accounting for all protected trees to be removed.

b.

The remaining acreage may be surveyed using sample plots. The sample plots Shall be a minimum area of twenty (20) percent of the remaining part of the site to be developed and twenty (20) percent of each vegetative community within the remaining part of the site to be developed. Each of the sample survey plots Shall be a minimum of one hundred (100) feet by one hundred (100) feet in size and Shall conform to current forestry practices.

c.

All protected trees three (3) inch DBH caliper or greater, unless the trees are part of a wetland, sand pine or xeric oak scrub community in which case trees two (2) inches DBH and larger Shall be counted.

3.

The tree survey Shall be conducted by a registered Landscape Architect, certified arborist, or certified forester.

4.

A tree survey report detailing all findings, including the number and caliper of trees surveyed, estimates of trees surveyed, estimates of protected trees and distribution based on survey plots, and the size and location of specimen or heritage trees, Shall be prepared and submitted to the County as part of the site plan review process. The methods of the tree survey Shall be clearly detailed in the written report provided to Lake County.

5.

Lake County reserves the right to require more detailed tree sampling if the County Manager or designee determines that the information provided is insufficient or that site-specific considerations warrant additional information.

E.

Landscape credit. The replacement trees may be used to meet the requirements of the landscape standards set out in Section 9.01. All replacement trees Shall be provided even if the total number exceeds the landscape requirement.

F.

Replacement maintenance. The replacement trees Shall be maintained in good condition in perpetuity, and the property owner Shall guarantee survival.

G.

Palm trees. Palm trees Shall not account for more than twenty (20) percent of the required replacement trees.

H.

Replacement size. Replacement trees Shall conform to the size and planting requirements of the Landscape Code. Ornamental trees may not exceed twenty-five (25) percent of the total caliper replacement inches required.

(Ord. No. 2013-53, § 2, 9-24-13)

9.02.07 Location of Tree Replacement Sites.

A.

Replacement trees Shall be mitigated on the lot, if possible.

B.

If replacement trees cannot be placed on the lot, they Shall be located in common areas of the development such as: open space areas, areas adjacent to stormwater management facilities, landscape buffer areas, or entrances of the development in which the site is located, if possible.

C.

If replacement cannot be made on the lot or in a common area of the development, the owner or applicant may place the mitigation trees on a designated conservation or park property within Lake County pursuant to the following conditions:

1.

The recipient property Shall be suitable for the replacement trees and approved in writing by the County.

2.

The request to utilize this option Shall be submitted to the County Manager or designee in writing and Shall include an— explanation why the trees cannot be replaced on site;

3.

The size of the mitigated trees shall be determined by the County based on the needs and ability to provide maintenance to the site. The Applicant shall be responsible for providing the total caliper inches required for mitigation under this section.

4.

If replacement cannot be made on the lot or in a common area of the development, the owner or applicant may contribute to a County Tree Mitigation Fund to be used for tree planting in public spaces. The fee per tree shall be established annually by the County Manager or designee, based on the average cost of a 2.5 inch-caliper canopy tree plus the cost of installation in Lake County.

9.02.08 Voluntary Planting. This Section Shall not be interpreted to restrict, regulate, or limit the voluntary planting of any protected tree in Lake County. Any size tree may be voluntarily planted. The provisions of this Section govern only the planting of trees that are required to be planted or retained.

9.02.09 Specimen Trees.

A.

Purpose. It is the purpose of this Subsection to acknowledge the existence of certain trees within the County that are rare or unique due to factors such as age, size, or type, and to protect such trees through their designation as specimen trees. Designation of specimen trees by the Board Shall be in accordance with the standards and procedures in this Subsection.

B.

Standards. At least one (1) of the following standards Shall apply in order for a tree to be designated a specimen tree:

1.

Size. Trees with a thirty (30) inch caliper or greater, singly or with a combined trunk, measured at fifty-four (54) inches from the surface of the ground shall be specimen trees unless otherwise classified in this chapter.

2.

Age. Trees that are determined to be at least one hundred (100) years old or to be at approximately half-life maturity and are in good health.

3.

Form. Trees that are determined to have a unique form or shape, due to geography, climate, environmental or natural growth habitat conditions, and are in good health.

4.

Ecological Value. Trees that are determined to have an ecological value to the County in terms of soil or water conservation and management, wildlife habitat, or endemic native flora habitat, and are in good health.

5.

Rarity. Trees that are determined to be non-indigenous, rare, or unique to the County, and are in good health.

C.

Prohibited Trees are excluded from designation as a Specimen Tree.

D.

Approval and Protection.

1.

Any non-prohibited tree satisfying one (1) or more of the size criteria in this subsection, as specified above, Shall be recognized as a specimen tree by the County Manager or designee.

9.02.10 Heritage Trees.

A.

Purpose. It is the purpose of this Subsection to acknowledge the existence of certain trees within the County that are significant or unique due to factors such as age, size, historic significance or type and to protect such trees through their designation as heritage trees. Designation of heritage trees by the Board Shall be in accordance with the standards and procedures in this Subsection.

B.

Designation Standards. At least one (1) of the following standards Shall apply in order for a tree to be designated a heritage tree:

1.

Size. Trees with a forty-inch caliper or greater, singly or with a combined trunk, measured at fifty-four (54) inches from the surface of the ground.

2.

Age. Trees that are determined to be at least one hundred (100) years old or to be at approximate half-life maturity and are in good health.

3.

Form. Trees that are determined to have a unique form or shape, due to geography, climate, environmental or natural growth habitat conditions, and are in good health.

4.

Ecological Value. Trees that are determined to have an ecological value to the County in terms of soil or water conservation and management, wildlife habitat, or endemic native flora habitat, and are in good health.

5.

Rarity. Trees that are determined to be non-indigenous, rare, or unique to the County, and are in good health.

6.

Historical Significance. Trees that have been designated as having historical significance by the Lake County Historical Society or the Board of County Commissioners.

C.

Prohibited Trees are excluded from designation as a Heritage Tree.

D.

Application Procedures.

1.

Applications may be initiated by owners of the Property or developers as part of their development plan.

2.

Applications on forms provided by the County Manager or designee Shall be completed and submitted to the County Manager or designee.

3.

The County Manager or designee may request assistance from the Lake County Forester, State Division of Forestry, in determining compliance with any of the designation standards. If the tree poses a potential hazard to persons or property it shall not be designated.

4.

The Board of County Commissioners may adopt a resolution recognizing the designation.

E.

Recognition of Heritage Trees. Any non-prohibited trees with forty-inch caliper or greater, singly or with a combined trunk, measured at fifty-four (54) inches from the surface of the ground Shall be recognized as a heritage tree without application. An applicant Shall identify the location, number and size of all heritage trees on any required tree survey submitted to the County for site plan or plat review. In addition, the County may identify heritage trees that are found to meet this criterion.

F.

Approval and Protection.

1.

Any non-prohibited tree satisfying one (1) or more of the size criteria for a heritage tree as specified above Shall be recognized and recorded as a heritage tree by the County Manager or designee, without approval by the Board of County Commissioners. The Board of County Commissioners may adopt a resolution recognizing the designation.

2.

Removal of a heritage tree Shall be prohibited, unless it poses a danger to persons or property. A variance may also be granted by the Board of Adjustment. The property owner Shall protect any tree designated as a heritage tree to ensure its long-term health.

(Ord. No. 2012-27, § 3, 4-24-12)

Editor's note

Ord. No. 2012-27, § 3, adopted April 24, 2012, amended section 9.02.00 in its entirety, to read as herein set out. See also the Code Comparative Table.