Section 25.02. - Definitions.

The following definitions apply to words or phrases in this article. a. Protected Tree; exceptions for certain species. The term "protected tree" shall mean a tree with a circumference at breast height of three feet or more, and any tree with a smaller circumference that is utilized by a developer as a tree conservation credit or that is planted by a developer to meet mitigation requirements. However, a protected tree shall not include (a) any species of pine, other than the Long Leaf Pine ( Pinus palustris ), (b) any species of palm, other than the Cabbage Palm ( Sabal palmetto ), or (c) any tree currently identified as an invasive species, terrestrial weed or noxious weed by the Florida Department of Environmental Protection or the St. Johns River Water Management District. b. Development Site; exceptions for land in bona-fide agricultural use, cemeteries, existing single-family residential lots and land within a City drainage easement or City drainage right-of-way. The term "development site" as used in this article shall mean any land area which is being cleared for any horizontal or vertical improvements or construction. However, the term "development site" shall not include (a) any land area that is being used for bona fide agricultural purposes, (b) cemeteries, (c) any lot on which either a single-family dwelling or mobile home is located that meets the exemption criteria described in Section 25.06 of this article, or (d) any land area located within a City drainage easement or City drainage right-of-way that meets the exemption criteria described in Section 25.06 of this article. c. Developer. The term "developer" shall mean any individual, corporation, partnership, joint venture, agency, estate, trust, business trust, syndicate, authority or other entity, including any public agency, authority or entity, that clears land in whole or in part for purposes of development. d. Breast Height. For purposes of measurement, the term "breast height" shall mean the measurement of a tree's trunk four and one-half feet above ground level. e. DBH. The term "dbh" shall mean the measurement of a tree trunk's diameter in inches at breast height. For trees with less than four and one-half feet of clear trunk, diameter shall be of the largest leader measured four and one-half feet above ground level. For multi-trunk trees it shall be the sum of the individual trunks measured four and one-half feet above ground level. f. Caliper. The term "caliper" shall mean the measurement of a tree trunk's diameter in inches at a height six inches above the ground for trees up to and including four inches in caliper, and at a height 12 inches above the ground for trees exceeding four inches in caliper. g. Mitigation Tree (Replacement Tree). The terms "mitigation tree" and "replacement tree" shall mean a Live Oak ( Quercus virginiana ), Red Maple ( Acer rubrum ), Sycamore ( Platanus occidentalis ), Loblolly Bay ( Gordonia lasianthus ), Bald Cypress ( Taxodium distichum ), Swamp Chestnut Oak ( Quercus michauxii ), Tulip Poplar ( Liriodendron tulipifera ), Pecan ( Carya illinoensis ), Sweet Gum ( Liquidambar styraciflua ), Pignut Hickory ( Carya glabra ), Shumard Oak ( Quercus shumardii ), Catalpa ( Catalpa bignonioides ), Southern Magnolia ( Magnolia grandiflora ), Red Cedar ( Juniperus silicicola ), Leyland Cypress ( Cupressocyparis leylandii ), River Birch ( Betula nigra ), as well as any indigenous tree that reaches a height at maturity of at least 45 feet and a spread at maturity of at least 30 feet. h. Preserve Area. The term "Preserve Area" shall mean any vegetative area required to be preserved under the jurisdiction of the Florida Department of Environmental Protection, the St. Johns River Water Management District, or the United States Army Corps of Engineers. i. Tree conservation credits. The term "tree conservation credits" shall mean the aggregate number of dbh-inches for those trees between 2-inch dbh and 12-inch dbh that are preserved on the development site and are identified for preservation by the developer on a registered tree survey; however, notwithstanding the foregoing, there shall be no tree conservation credits for (a) any species of pine, other than the Long Leaf Pine ( Pinus palustris ), (b) any tree identified as an invasive species, terrestrial weed or noxious weed by the Florida Department of Environmental Protection or the St. Johns River Water Management District, or (c) any tree located in a Preserve Area. If any such tree or trees do not survive for a period of three years after the end of the development activities, the developer shall replace the same or shall pay a monetary contribution to the City of Jacksonville's Tree Protection and Related Expenses Trust Fund in the manner described in Section 25.03 (c)(ii) of this article. j. Bona fide agricultural purposes. The term "bona fide agricultural purposes" shall mean the use of land for bona fide agricultural purposes as described in Section 193.461, Florida Statutes, provided the land is classified for assessment purposes by the property appraiser as "agricultural" pursuant to Chapter 193, Florida Statutes. (Referendum of 11-7-00; Ord. 2002-857-E, § 1)