[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)]
As used in this article, the following terms shall have the meanings
indicated, except where the context clearly indicates a different meaning:
The imaginary vertical line from the outermost branches or portions
of the leaf crown to the ground.
[1]Any tree or species of tree not specifically exempted by this article.
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]
Relocate, cut down, damage, poison or in any manner destroy, or cause
to be destroyed, a tree as defined in this article.
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]
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]
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.
[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.
[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.
[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.
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.
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.
[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]
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.
[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
[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.
