§ 5.01.02. Conditions for tree removal.

A.

Permit application. Permits for removal or relocation of trees associated with a site plan for a development shall be obtained by making application for permit for the development to the City planning and zoning department. The application shall be accompanied by a site plan indicating the location, species, and diameter at breast height (DBH) of each tree to be preserved, relocated, or removed. For removal of a tree justification for removal accompanied by a certification from an ISA certified arborist may be provided to justify removal of trees. The submitted plans shall depict tree protection and calculations demonstrating applicable tree mitigation for trees removed.

B.

Exceptions to Requirement of Permit. No Permit under this Section is required for:

1.

The tree is diseased, injured, in danger of falling or is endangering existing structures, utility services or creates unsafe vision clearance; or

2.

It is found to be in the interest of the general public's health, safety and welfare that the tree or trees be removed and that there is no other remedy provided in this Code.

C.

Criteria for Issuance of a Permit. The city building official shall issue the permit for removal of a tree if one (1) of the following reasons for removal is found to be present and mitigation provided in accordance with this Code:

1.

Removal of the trees is necessary to construct proposed improvements in order to comply with a final development order issued pursuant to section 12.02.04 or 12.02.10 hereof; or

2.

The presence of the tree will cause a substantial likelihood of structural damage to an existing or proposed permanent built structure, or swimming pool,

3.

The tree is located in an area where a structure or improvement may be placed in accordance with other development provisions in the City Code, and retention of the trees and such that no reasonable economic use can be made of the property without removal of the tree, and the tree cannot be reasonably relocated on or off the property because of its age or size.

4.

The tree or tree cluster is, is located within the primary building pad, primary roof line, primary foundation line, swimming pool and swimming pool patio pad, or the portion of the driveway within fifteen (15) feet of the garage or carport entrance and these structures cannot be relocated.

5.

The tree is shown to be blocking the installation or proper working condition of a solar energy system (this does not authorize a property owner to remove a tree from neighboring property). Trees permitted to be removed pursuant to this subsection shall not require Replacement under section 5.01.03. For a new solar energy system installation, any permit issued shall be issued conditionally and only become effective upon review by a certified arborist and upon the installation and final inspection of the solar energy system being properly working and permitted.

6.

The tree is a palm tree or group of palm trees. A property owner may in any twelve-month period remove up to ten (10) percent of the palm trees located on their property or at least one (1) palm tree without having to be subject to the requirements of section 5.01.03.

D.

Reserved.

E.

Certain Activities require Comprehensive Planning and Zoning Board review. The following activities shall require permit approval from the comprehensive planning and zoning board.

a.

Tree is providing habitat to legislatively designated endangered or protected bird species during nesting season even though the tree meets the criteria of this section.

b.

Any tree having a trunk greater than or equal to thirty (30) inches in diameter at breast height shall require permit approval from the comprehensive planning and zoning board.

F.

Any tree removal shall be in compliance with the St. Augustine Beach Urban Forestry Standards and Specifications Manual.

G.

When issuing a permit, the city building official may base the permit decision on the opinion of the city arborist or Landscape Architect. Should the city not have a city arborist or city Landscape Architect, the city building official may require the applicant for a permit to submit a written opinion from a certified arborist or Florida Licensed Landscape Architect for consideration by the city building official.

H.

The fee for obtaining a permit for removal of a tree shall be as set forth by resolution of the city commission. The fee shall also include an amount for the services of the city arborist or landscape architect, when applicable.

I.

As part of the application for a permit, the applicant shall certify that the applicant has read, understands and agrees to comply with the St. Augustine Beach Urban Forestry Standards and Specifications Manual.

(Ord. No. 91-7, § 2; Ord. No. 98-11, § 1, 6-1-98; Ord. No. 08-07, § 2, 5-5-08; Ord. No. 10-04, § 1, 5-3-10; Ord. 11-14, § 2, 12-5-11; Ord. No. 18-10, § 1(Exh. 1), 9-10-18)