§ 118-101. Minimum tree coverage requirements for developments requiring site plan review.

(a)

Generally. Any proposed development or modification of an existing development that must be approved through the site plan review process shall conform to the following minimum tree coverage requirements:

(1)

On sites other than those zoned industrial and GU (airport/non-aviation), shade trees shall be provided on a basis of one shade tree per every 5,000 square feet of the total area of the site. This total may be met entirely by saving existing viable shade trees measuring a minimum of four-inches in diameter at breast height or may be met with a combination of existing shade trees and planting additional shade trees measuring a minimum of 3½-inch caliper (2½-inch to three inch DBH). All shade trees planted on a site must be Florida Grade No. 1 or better as specified in Grades and Standards for Nursery Plants, Florida Department of Agriculture and Consumer Services, 2nd Edition, 1998.

(2)

On sites zoned industrial, shade trees shall be provided on a basis of one shade tree per every 7,500 square feet (first 50 acres) and one shade tree per every 10,000 square feet (beyond the first 50 acres) of total site. This total may be met entirely by saving existing viable shade trees measuring a minimum of four-inches in diameter at breast height or may be met with a combination of existing shade trees and planting additional shade trees measuring a minimum of 3½-inch caliper (2½-inch to three inch DBH). All shade trees planted on a site must be Florida Grade #1 or better as specified in Grades and Standards for Nursery Plants, Florida Department of Agriculture and Consumer Services, 2nd Edition, 1998.

(3)

On sites zoned GU (airport/non-aviation) trees shall be provided on a basis of one shade tree per every 10,000 square feet of total site. This total may be met entirely by saving existing viable shade trees measuring a minimum of four-inches in diameter at breast height or may be met with a combination of existing shade trees and planting additional shade trees measuring a minimum of 3½-inch caliper (2½-inch to three inch DBH). All shade trees planted on a site must be Florida Grade #1 or better as specified in Grades and Standards for Nursery Plants, Florida Department of Agriculture and Consumer Services, 2nd Edition, 1998.

(4)

Ornamental trees may be used in lieu of up to 25 percent of the required shade trees other than as follows: on sites zoned industrial (beyond the first 50 acres) and sites zoned GU (airport non-aviation), ornamental trees may be used in lieu of up to 50 percent of the required shade trees. When ornamental trees are used in lieu of shade trees, two ornamental trees must be planted in place of each shade tree. Each ornamental tree must be a minimum of 1½-inch caliper and six feet in height at the time of planting. All ornamental trees planted on a site must be Florida Grade No. 1 or better as specified in Grades and Standards for Nursery Plants, Florida Department of Agriculture and Consumer Services, 2nd Edition, 1998.

(5)

When ten or more shade trees are required to be planted on a site, a minimum of 25 percent of the required shade trees must be live oaks. When a site is over five acres, a minimum of 50 percent of the required shade trees must be live oaks. The criteria in this subsection shall not apply for sites zoned GU (airport/non-aviation).

(6)

The following location requirements will apply to all sites requiring a site plan:

a.

Trees and shrubs must be placed a minimum of ten feet from underground transformer boxes and underground electrical lines.

b.

Trees that typically grow to 30 feet in height or taller at maturity must be planted at least 30 feet from overhead power lines.

c.

Trees that typically grow to a height under 30 feet at maturity must be planted at least ten feet from overhead power lines with express consent from utility company.

d.

Shrubs and trees that are typically maintained below 15 feet in height may be planted under overhead power lines with express consent from utility company.

e.

No trees may be planted in high-voltage transmission line easements without written approval from the utility.

(7)

City council may reduce the size requirements for trees by resolution upon a finding that a shortage of Florida Grade No. 1 shade trees meeting the size standards established herein exists. Such resolution shall establish the minimum size standard for shade trees during the period of the shortage. The reduction in size requirement shall expire one year from the date of the resolution unless renewed by a subsequent resolution adopted by city council.

(8)

Tree donation.

a.

If the planning director or his designee determines that the required number of shade trees cannot be placed on a site due to a limitation of space, a cash payment for the equivalent number of trees required but not placed on the site will be made to the city. There is an interest-bearing tree trust fund for the deposit, maintenance and distribution of all monetary contributions approximating the cost of contributed trees. All contributions pursuant to this section shall be monetary contributions to the tree trust fund based on the established installed cost of trees as determined by the planning department, on an annual basis.

b.

A developer making a cash payment to the tree trust fund is responsible for paying the full amount due to the building, licensing, and zoning department prior to issuance of a certificate of occupancy for the development. The tree trust fund shall be used for the installation and establishment of shade trees and ornamental trees meeting the requirements of this article to be placed on a public property or properties in which the city has an interest, including installation and maintenance of irrigation systems.

c.

All trees planted utilizing tree trust fund revenues shall have adequate irrigation.

d.

The tree trust fund will be included in the city recreation and parks department budget and will be managed by the city's landscape projects manager.

e.

The City of Ocala Tree Commission will oversee the tree trust fund.

(b)

Preservation of existing trees. Existing viable shade trees will be retained on any proposed development or modification of an existing development that must be approved through the site plan review process according to the following minimum standards:

Number of Existing Viable Shade Trees	Minimum Number of Existing Viable Shade Trees to be Saved on Property Being Developed
Less than 3.0 per acre or a proportion thereof	80 percent of all viable shade trees
3.0 to 5.0 per acre	65 percent of all viable shade trees
5.1 to 8.0 per acre	50 percent of all viable shade trees
8.0 or more per acre	4 viable shade trees per acre

 

(1)

For purposes of this subsection, acreage shall be the developed area of the project and will be that same area used to calculate open space and stormwater runoff.

(2)

When the calculation to determine the minimum number of shade trees results in a fractional number, a fraction equal to or greater than one-half shall require a shade tree.

(3)

The minimum number of shade trees to be saved is strictly a minimum and is not to be interpreted as approval to unnecessarily remove trees. The developer shall make every effort to save as many trees as possible when designing a development project.

(c)

Reduction of preservation requirements. The planning director may reduce the minimum number of existing shade trees that have to be saved on a site when the location of the existing shade trees would entirely prohibit any development on the property or when saving the existing shade trees would not be in keeping with the intent of this article. If the minimum is reduced, the following provisions apply: The diameters of the largest existing shade trees that had to be removed will be made up with replacement shade trees measuring a minimum of 3½-inch caliper (2½-inch to three inch DBH). These replacement shade trees will be planted in addition to the requirement of one shade tree for every 3,000 square feet of total site area.

(d)

Existing nonconforming sites. Sites approved before passage of the ordinance from which this article is derived (October 24, 1989) which do not have the minimum of one shade tree of a minimum size of three inches DBH (3½—inch to four-inch caliper) per 3,000 square feet of total site area shall be determined to be nonconforming with respect to this requirement. Discontinuance of the present use for the entire property for a period of more than one year will require that the minimum number of shade trees as described in this section be added so as to end the nonconforming status.

(1)

If the required replacement shade trees cannot be placed on the property due to a limitation of space, a cash payment for the equivalent number of trees required but not placed on the site will be made to the city. Trees acquired with these funds will be placed on public lands where they will benefit the entire community.

(2)

Failure to plant the required shade trees or to make a cash payment for the equivalent number of trees required to the city is a violation of this article.

(Code 1985, § 7-1125; Ord. No. 2117, § 2, 10-24-89; Ord. No. 3028, § 1, 2-22-00; Ord. No. 5005, § 4, 11-27-01; Ord. No. 5135, § 3, 2-17-03; Ord. No. 5354, § 1, 2-1-05; Ord. No. 2015-2, § 1, 10-21-14)