Sec. 656.1213. - Credit for existing trees and understory.

Whenever the provisions of this Subpart require trees and other landscaping, such requirement may be satisfied by the preservation of existing trees and understory, located in uplands or upland buffer areas, as specified herein, provided all other requirements are met. Trees planted in wetlands and wetland creation areas may also be credited toward mitigation pursuant to Section 656.1206 (h)(13). (a) Existing trees, except palm trees, may be used to satisfy any requirement for trees pursuant to Table 1. (b) Existing trees, including trees located in preserve areas, may be utilized to satisfy any requirement for trees, subject to the following conditions: (1) An area within the dripline of the tree or trees at least one foot in diameter for each inch of trunk diameter shall be preserved in its natural state or covered with pervious landscape material; provided, however, that the minimum area preserved shall be at least 150 square feet for shade trees and at least 25 square feet for all other trees. Such area shall be maintained at its original grade with no trenching or cutting of any roots and there shall be no storage of fill, compaction of soil or any concrete, paint, chemicals or other foreign substance in or on the soil; (2) The tree or trees shall not be damaged from skinning, barking, bumping, and the like; (3) The tree or trees shall be healthy, free from disease, damage and active insect infestation potentially lethal to the tree; (4) Each tree or trees in an existing hammock may be used to satisfy any requirement for trees; (5) If the Chief determines that the requirements relating to the damage or disease of any tree have not been met, such tree may nonetheless be utilized under this Section upon certification from the Urban Forester, Florida Department of Agriculture and Consumer Services, Division of Forestry, satisfactory to the Chief that such tree is healthy and has a reasonably good chance of survival. (c) Preserved existing understory vegetation may be utilized to fulfill the landscape area requirement pursuant to Table 1, so long as at least 90 percent of the credited area is covered by natural understory vegetation. (d) If, at any time within one year after all associated land alteration and construction activities are completed, a tree or understory vegetation for which credit was given according to Table 1 is dead or irreparably damaged or unhealthy as a result of these activities, then the tree or understory vegetation shall be removed and replaced with a tree or trees or such understory vegetation as would have originally been required. (Ord. 91-59-148, § 1; Ord. 93-718-395, § 1; Ord. 97-434-E, § 1; Ord. 2008-910-E, § 1)