City of South Pasadena, FL
Pinellas County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Commission of the City of South Pasadena as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-21-1988 by Ord. No. 88-07 (Ch. 24, Art. II, of the 1984 Code)]

§ 183-1 Definitions.

As used in this article, the following terms shall have the meanings indicated, except where the context clearly indicates a different meaning:
DRIP LINE
The imaginary vertical line from the outermost branches or portions of the leaf crown to the ground.
[1]
PROTECTED TREE
Any tree or species of tree not specifically exempted by this article.
PROTECTIVE BARRIER
A physical structure limiting access to a protected area composed of vertical and horizontal wooden two-by-fours and/or other suitable materials that completely encircle and protect the tree. Diagrams of suitable protective barriers shall be available at the Department of Community Improvement. Barriers constructed using tape or other components that are easily moved shall not be acceptable.  
[Added 8-22-2000 by Ord. No. 2000-02]
REMOVE A TREE
Relocate, cut down, damage, poison or in any manner destroy, or cause to be destroyed, a tree as defined in this article.
TREE
Any living, self-supporting, woody perennial plant that has a minimum trunk caliper of two inches measured at a point six inches above the ground and that normally attains a height of at least 10 feet at maturity, usually with one main stem or trunk and many branches. In addition all mangroves and palms shall be considered trees.
[Amended 8-22-2000 by Ord. No. 2000-02]
TREE LOCATION SURVEY
An aerial photograph or drawing, at a scale of one inch equals 200 feet, which provides the location of all trees on the site. Setbacks and easements shall be marked. The survey shall show the existing and proposed location of structures and improvements. Trees to be relocated and trees proposed for removal shall be appropriately marked on the survey. The location, type and size of all proposed replacement trees shall be included.
[Amended 8-22-2000 by Ord. No. 2000-02]
TREE TOPPING
The severe cutting back of limbs to stubs larger than three inches in diameter within the trees crown to such a degree so as to remove the normal canopy and disfigure the tree.
[Added 8-22-2000 by Ord. No. 2000-02]
[1]
Editor's Note: The definition of "no-tree verification," which immediately followed this definition, was deleted 4-27-1993 by Ord. No. 93-08.

§ 183-2 Removal permit required.

[Amended 8-22-2000 by Ord. No. 2000-02]
It shall be unlawful except in accordance with the provisions of this article for any person to remove or assist in the removal of a tree or to allow a tree to be removed from property under his or her ownership or control.

§ 183-3 Application for permit; fee.

[Amended 4-27-1993 by Ord. No. 93-08; 8-22-2000 by Ord. No. 2000-02]
Any person wishing to obtain a permit to remove or relocate a tree or trees shall make application to the Department of Community Improvement. Written application forms shall be prepared by and shall be available at the Department of Community Improvement. Applications based on a claim that the tree(s) poses a safety hazard shall clearly indicate the particular safety hazard each tree poses. The Department of Community Improvement shall have the authority to require the written opinion of a qualified expert that the safety hazard exists. If the application is based on the poor health of the tree it shall be accompanied by the written opinion of a certified arborist that the tree is in such poor health that it cannot be saved. Requests for tree removal permits predicated on the need for development or redevelopment shall be accompanied by a tree location survey. Tree removal and/or relocation applications shall also be accompanied by payment of a fee as set forth from time to time by resolution of the City Commission to cover the costs of processing the application.

§ 183-4 Criteria for issuance of permit.

[Amended 8-22-2000 by Ord. No. 2000-02]
Tree removal permits shall be issued only for one or more of the following reasons:
A. 
Trees pose a safety hazard to pedestrian or vehicular traffic or unmanageably threaten disruption of public utility services.
B. 
Trees pose a safety hazard to buildings or structures.
C. 
Trees completely prevent access to a lot or parcel.
D. 
Trees unreasonably prevent development or use of a lot or parcel. No tree removal permit shall be granted where the applicant has failed to design and locate the proposed improvements to minimize the removal of trees.
E. 
Trees are infected with a disease that threatens to spread to other trees, or trees are so weakened by a disease or injury that they cannot be saved and are likely to die within one year of the application.
F. 
Applicant's landscaping plan will result in an overall immediate increase in canopy coverage for the site as determined by the Department of Community Improvement, except that any tree that is endangered, threatened or a species of special concern or meets the definition of a specimen tree as set forth in the Pinellas County Code cannot be removed using the criteria in this Subsection F.

§ 183-5 Protection during development.

A. 
Prior to and during the land-clearing stage of development, the owner, developer or contractor shall clearly mark (with red flagging) all trees for which a tree removal permit has been issued and shall erect barriers for shielding of all protected trees no closer than six feet from the trunk or at the drip line, whichever is greater. The owner, developer or contractor shall not cause or permit the movement or storage of equipment, material, debris or fill within the protective barrier.
B. 
During construction, it shall not be permitted to clean equipment or material or to store or dispose of waste, such as paints, oils, solvents or any other material or substance, which may be harmful to trees within the drip line of a tree.
C. 
No damaging attachment, wires, signs or permits may be fastened to any tree protected by this article.
D. 
The standards and requirements of this section shall be applicable to all land development projects even if a tree removal permit is not required.

§ 183-6 Tree replacement.

A. 
As a condition of the granting of a tree removal permit, the applicant is required to relocate the trees being removed or to replace removed trees on a one-for-one basis. Replacement trees shall be a minimum of six feet in height at the time of planting and have a potential height of not less than 15 feet.
B. 
Any tree or trees relocated or any replacement trees shall be replaced by the owner of the property if those trees die within two years of their placement on the site.

§ 183-7 Nuisance and undesirable trees.

[Amended 4-27-1993 by Ord. No. 93-08; 8-22-2000 by Ord. No. 2000-02; 9-12-2005 by Ord. No. 2005-06]
A. 
The following species of tree are hereby declared to be a public nuisance:
(1) 
Punk trees (malaleuca quinquenervia)
(2) 
Australian pines (casuarina)
(3) 
Brazilian peppers (schinus terebinthifolius)
(4) 
Chinese tallow (sapium ie biferum)
(5) 
Carrotwood (cupanioopsis)
B. 
It shall be unlawful for any person to plant, cause to be planted, propagate, nurture or grow any of the above species of trees. The existence of these trees is potentially harmful and injurious to the environment, and removal of these trees is strongly encouraged.
C. 
All nuisance trees listed in Subsection A above shall be removed from all lots or parcels prior to improvement to the lot or parcel. All of the above-mentioned trees shall be identified on the required site plan, and the method of removal shall be noted.
D. 
Nuisance trees listed in Subsection A above may be cut down and disposed of without a permit and without paying a fee.
E. 
The following species, while not nuisance trees, are less desirable than many native species. A no-fee permit may be obtained for the removal of any of the following trees without meeting the criteria set forth in § 183-4, provided they are replaced with an approved native tree. The Department of Community Improvement shall maintain a list of approved native trees that can be used as replacement trees.
(1) 
Acacia, acacia spp
(2) 
Avocado, Persea americana (American tropics)
(3) 
Cherry laurel, Prunus Caroliniana
(4) 
Chinaberry, Melia azedarach (SW Asia)
(5) 
Citrus, rue family: orange, lemon, lime, kumquat, grapefruit (East Asia)
(6) 
Ear, Enterolobium cyclocarpum (Central America)
(7) 
Eucalyptus, Eucalyptus spp. except silver dollar variety (Australia)
(8) 
Ficus, Ficus spp. except banyan (South America)
(9) 
Italian cypress, Cupressus sempervirens (South Europe)
(10) 
Jacaranda, Jacaranda acutifolia (Brazil)
(11) 
Java Plum (syzygium cumini)
(12) 
Jerusalem thorn, Parkinsonia aculeata (Central America)
(13) 
Loquat, Eriobotrya japonica (China)
(14) 
Mango, Mangifera indica (India)
(15) 
Monkey puzzle tree, Araucaria spp. (Australia)
(16) 
Norfolk Island pine, Araucaria excelsa (Norfolk Island)
(17) 
Orchid, Bauhinia spp. (India)
(18) 
Palm, Roystonea spp.
(19) 
Poinciana, Poinciana spp. (Madagascar)
(20) 
Silk oak, Grevillia robusta (Australia)
(21) 
Toog, Bischofia javanica (Africa)
(22) 
Woman's tongue, Albizia spp. (Asia)
F. 
The trees listed as less desirable shall not be used in any required landscaping.

§ 183-8 Care and pruning; utility lines.

[Added 8-22-2000 by Ord. No. 2000-02[1]]
A. 
No person shall plant a tree or shrub within the public right-of-way without obtaining written permission from the Department of Public Works and executing a landscaping covenant running with the land.
B. 
The owner of any real property on which any tree grows that overhangs any publicly owned street or alley shall keep the branches pruned so that the branches do not obstruct the light from any streetlight and so that there shall be clear space of 14 feet above the surface of the street. No branches shall overhang sidewalks to the degree that they interfere with the passage of pedestrians or bicycle riders. In addition, no tree or shrub shall be permitted to cause a visual obstruction as that term is defined in § 130-4 of the City Code.
C. 
It shall be unlawful for any person to top any tree. In the case of severe damage or location under utility wires or other obstruction where other pruning practices are not practical, the Department of Community Improvement may issue an exception. Applications for exceptions to the topping prohibition must be made in writing prior to the pruning taking place.
D. 
No person shall plant a tree or allow a tree to be planted on their property, the mature height of which is expected to exceed 25 feet within 20 feet of any public utility lines.
[1]
Editor's Note: This ordinance also superseded former § 183-8, Penalties for offenses, amended 4-27-1993 by Ord. No. 93-08

§ 183-9 Mangrove regulation.

[Added 8-22-2000 by Ord. No. 2000-02]
The regulation of mangroves is governed by Florida Statute and is administered by the Department of Environmental Protection. Pinellas County has received delegation for regulation of mangroves within all of Pinellas County pursuant to Florida Statute 403.9324. Therefore, anyone seeking to trim or alter mangroves within the city does not need a city permit but must comply with the Florida Statutes, Pinellas County Code and rules and regulations of the Department of Environmental Protection.[1]
[1]
Editor's Note: Former Art. II, Mangrove Trees, adopted 2-23-1993 by Ord. No. 93-03, as amended, was repealed 8-22-2000 by Ord. No. 2000-02.