Ad Hoc Tree Ordinance Committee Meeting @7PM

Tree Committee Minutes

7 pm August 30, 2023

Council Chamber

Call to Order

Meeting called to order at 7:00 pm

Pledge of Allegiance

The committee recited the Pledge of Allegiance to the USA Flag

Roll Call

Present:

Voting Members: Anastasia Doshna, Linda Cohen, Neil Yorio, David Botto, and Lisa Rehm

Staff: John W. Coffey, ICMA-CM, City Manager; Orrie Covert, Management Analyst

Excused: Krista Ellingson (Alternate)

Approval of August 15, 2023 Minutes

Motion to approve the amended minutes by Neil Yorio, second by David Botto, approved unanimously

Continuing Development of a Draft Tree Preservation Ordinance

 Discussion of exemption of single family detached homes

 Discussion of permit process for non-detached single family homes

 Remove redundant language on page two

 Add champion trees language under Tree Preservation Board duties

 Remove redundant language on page 8 permit procedure

 Remove redundant language on page 9

 Remove redundant language on page 11

 Reviewed proposed updated tree list, consensus to move all three mangroves to the medium list,

consensus to add sample sizes to categories

 Consensus to add “trees may provide a wind break to nearby structures” to page 3 under Section 107-

35

 Consensus to tweak DBH definition

 Consensus to use 33% for replacement Palm Tree

General Discussion

N/A

Public Forum

N/A

Adjournment

Lisa Rehm motion to adjourn, Linda Cohen seconded it, consensus approved at 8:14 pm

ALL PERSONS WISHING TO BE HEARD SHOULD APPEAR IN PERSON AT THESE HEARINGS OR SEND WRITTEN COMMENTS TO THE CITY CLERK. ALL PERSONS AND PARTIES ARE HEREBY ADVISED THAT IF THEY SHOULD DECIDE TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC MEETING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, HE OR SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. FSS 286.0105. IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY CLERK AT 321-773-3181 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Indian Harbour Beach City Hall 2055 South Patrick Drive Indian Harbour Beach, FL 32937 (321) 773-3181 (Phone) (321) 773-5080 (Fax) Ad Hoc Tree Ordinance Committee Meeting Agenda 7:00 p.m. August 30, 2023 LTC NORMAN C. HAYES AND MARILYN C. HAYES COUNCIL CHAMBER 1. Call to order 2. Pledge of allegiance 3. Roll call 4. Review and approval of minutes from August 15, 2023 5. Review of draft tree preservation ordinance 6. General discussion 7. Public forum 8. Adjourn

Tree Committee Minutes 7 pm August 15, 2023 Council Chamber Call to Order Meeting called to order at 7:06 pm Pledge of Allegiance The committee recited the Pledge of Allegiance to the USA Flag Roll Call Present: Voting Members: Anastasia Doshna, Linda Cohen, Neil Yorio, and Lisa Rehm Staff: John W. Coffey, ICMA-CM, City Manager; Orrie Covert, Management Analyst Excused: David Botto (voting member), Krista Ellingson (Alternate) Approval of July 26, 2023 Minutes Motion to approve the amended minutes by Neil Yorio, second by Linda Cohen, approved unanimously Continuing Development of a Draft Tree Preservation Ordinance  Consensus to remove redundant language on page two  Consensus to make sure all paragraphs are formatted similarly  Discussion of what constitutes a Comprehensive Tree Plan and exemption of government owned preserve and parks lands  Consensus to remove duplicate DBH reference in Sec 107-38  Discussion on revising Sec. 107-40(2)(b)  Sec. 107-41 wordsmithing (1)(C)  Discussion of revising replacement tree chart…..change replacement numbers to 33% DBH for hardwood trees…adding a ratio of DBH equating to number of replacement palm trees. Consensus for staff to develop a replacement table for palms and include in updated draft ordinance for the next meeting.  Consensus to make all charts the same font and size #10 General Discussion N/A Public Forum N/A Adjournment Lisa Rehm motion to adjourn, Linda Cohen seconded it, consensus approved at 8:21 pm

8/23/2023 4:08:25 PM8/23/2023 9:49:50 AM8/21/2023 9:03:38 AM 1 DRAFT TREE PRESERVATION ORDINANCE TOC 1. Sec. 107.35 Declaration of legislative intent and public policy 2. Sec. 107-36 Definitions 3. Sec. 107-37 Tree Preservation Board 4. Sec. 107-38 Applicability and exemptions 5. Sec. 107-39 Permits required to remove trees 6. Sec. 107-40 Permit procedure and criteria for issuing permits 7. Sec. 107-41 Replacement Tree Requirements 8. Sec. 107-42 Tree pruning 9. Sec. 107-43 Penalties 10. Sec. 107-44 Recommended trees 11. Sec. 107-45 Non-recommended trees

8/23/2023 4:08:25 PM8/23/2023 9:49:50 AM8/21/2023 9:03:38 AM 2 Section 1. A new section 107-35 is hereby added to Chapter 107 of the Code of Ordinances of the City which new section shall read as follows: Sec. 107-35. Declaration of legislative intent and public policy (1) These researched-based regulations shall be known and may be referred to as the City of Indian Harbour Beach Regulations for Tree Maintenance and Preservation. (2) The purpose of this section is to perpetuate the protection, preservation, and conservation of existing trees as an effective means of conserving energy and to preserve trees to improve the aesthetic quality of the City thereby promoting the health and general welfare of the citizenry. Using research-based practices and studies that are readily accessible and publicly available, it is the intent of this Chapter to (a) Enhance the community's appearance and promote civic pride. (b) Enhance and protect property values. (c) Increase the economic and aesthetic value of developed and undeveloped properties. (d) Promote landscaping methods that provide for the preservation of existing plant communities, re-establishment of native plant communities, and Florida-Friendly concepts to promote water conservation. Improve air and water quality through such natural processes as photosynthesis and mineral uptake. (e) Preserve existing natural trees and vegetation and incorporate native plants, plant communities, and ecosystems into landscapes where possible. (f) Encourage residents to select desirable tree species for Indian Harbour Beach. (g) Provide citizens with psychological relief from the increasing complexities of a manmade suburban environment. (h) Assist in public information, the education of its citizens, and the effective implementation of this Chapter. (i) Educate residents about the following beneficial properties of trees: 1) Improve air and water quality through such natural processes as photosynthesis and mineral uptake. 2) Produce oxygen and reduce carbon dioxide concentrations in the air. 3) Trap and filter out ash, dust, and pollen in the air. 4) Reduce air, noise, heat, and chemical pollution. 5) Provide shade and energy conservation. 6) Reduce the urban heat island effect of concrete and pavement. 7) Reduce the temperature of the microclimate through the process of evapotranspiration. 8) Reduce the use of water and fertilizers needed to maintain non-native trees and plants. 9) Prevent erosion by stabilizing the soil through its root system and by breaking the force of raindrops pounding upon soil surfaces. 10) Reduce the quantity of surface runoff and reduce the percentages of impervious surfaces through canopy interception.

8/23/2023 4:08:25 PM8/23/2023 9:49:50 AM8/21/2023 9:03:38 AM 3 11) Purify water by removing the nutrients from waters passing through the ground from the surface to the Indian River Lagoon. 12) Provides essential habitat for wildlife. Section 2. A new section 107-36 is hereby added to Chapter 107 of the Code of Ordinances of the City which new section shall read as follows: Sec. 107-36 Definitions canopy interception - the rainfall that is intercepted by the canopy of a tree and successively evaporates from the leaves. canopy tree – A tree having a high canopy with a mature width greater than 4 meters. certified arborist – An arborist certified by the International Society of Arboriculture (ISA). champion trees - individual trees which are exceptional examples of their species because of their enormous size, great age, rarity, or historical significance. cold tolerant – The ability of a plant to tolerate cold conditions. common name - A name based on the normal language of everyday life. DBH – Diameter at breast height and measures 4.5 feet above the ground. drought tolerant - Plant species that will survive on natural rainfall without supplemental irrigation after a period of establishment. easement - the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land. Easement itself is a legal term for a type of property right held by the users of the easement. espalier – Trained to grow flat against a support such as a wall or a trellis. evapotranspiration - the process by which water is transferred from the land to the atmosphere by evaporation from the soil and other surfaces and by transpiration from plants. flood tolerant – Plants able to withstand excessively wet and flooded conditions for several days to a few weeks. Florida friendly plants - The plant will thrive in our local climate and soil, requiring little care. Florida Friendly plants however do not necessarily need to be native plants and are susceptible to becoming invasive. Florida native plants - A species occurring within the state boundaries prior to European contact, according to the best available scientific and historical documentation. full sun – More than six hours of direct sun per day. impervious surfaces - those surface areas which either prevent or retard saturation of water into the land surface and cause water to run off the land surface in greater quantities or at an increased rate of flow from that present under natural conditions preexistent to development. invasive species - Introduced organisms that cause harm to the environment, the economy, and/or human health. Often displacing native species, these invaders skew the delicate balance between animals, plants, and important processes such as water flow and fire.

8/23/2023 4:08:25 PM8/23/2023 9:49:50 AM8/21/2023 9:03:38 AM 4 keystone species - A species on which other species in an ecosystem largely depend, such that if it were removed the ecosystem would change drastically. The 5% of native plants that provide 75% of the food that supports the terrestrial food web. microclimate – the climate of a very small or restricted area, especially when this differs from the climate of the surrounding area. mitigation plan - A plan submitted to the City detailing the planned course of action from removing a tree requiring a permit under this Section. Said course of action can be an installation of replacement tree(s) or a payment into the City’s Tree Mitigation Account. non-native plants - Also referred to as exotic or alien, are plants that have been introduced to an area from their native range, either purposefully or accidentally. palm tree – A tropical plant consisting of a straight tall trunk, no branches, and many large leaves at the top of the trunk in the Arecaceae family of perennial flowering plants. perennial – A plant that can live for three or more growing seasons. plant community – The combination of trees and plants in a specific location which interact with each other and with the animal populations and the physical environment. pleached – Denoting or consisting of branches that are entwined or interlaced to form a hedge or provide cover for an outdoor walkway. problem trees – Trees that are not a good long-term fit for a location for a multitude of reasons including, but limited to: “wrong tree, wrong place”; insect damage; diseased; lightning damage; wind damage; vandalism; incompatible soil composition; etc. protected trees - Mature trees, excluding palm trees, with a diameter at breast height (DBH) of 10 inches or more, any replacement tree, and any tree that is represented in a landscape plan, street tree planting plan, or other planning documents for the purposes of securing an approved building permit, clearing permit, or certificate of occupancy. replacement trees – A tree that is planted after a protected tree is removed. Refer to Sec. 107- 41. salt-tolerant – A plant that can withstand, without significant adverse effects, moderate or high concentrations of salt in water on its leaves or in the soil within reach of its roots. scientific name – The genus and species. stormwater management area - an area designed and used for the temporary or permanent storage of stormwater runoff primarily from impervious surfaces like parking lots, driveways, and rooftops. structural pruning – Pruning that focuses on improving the architecture of the branches within the crown of a tree by maintaining one main trunk and reducing stems that compete with it. sun tolerant – Able to grow in full sun conditions. topiary – The training of living trees and shrubs into artificial, decorative shapes. tree – A perennial plant with an elongated stem or trunk with supporting branches and leaves. tree mitigation account – A simplified means of describing a miscellaneous revenue account that mitigation or penalties receipts are received and then used to offset a budget amendment to a Public Works Department expenditure account used for maintenance of trees on City property.

8/23/2023 4:08:25 PM8/23/2023 9:49:50 AM8/21/2023 9:03:38 AM 5 tree topping – The practice of removing whole tops of trees or large branches and/or trunks from the tops of trees. wind resistant – Plants that are less likely to become damaged during storms. Section 3. A new section 107-37 is hereby added to Chapter 107 of the Code of Ordinances of the City which new section shall read as follows: Sec. 107-37 Tree Preservation Board (1) Purpose: The City of Indian Harbour Beach, Florida hereby creates a City Tree Preservation Board. (2) Membership: The City Tree Preservation Board shall consist of five voting members and two alternates to be appointed by the City Council. The members of said board shall be residents of the city and shall serve at the pleasure of the City Council. Voting membership ideally should be comprised of representatives of the following segments of the community:  Residents (2)  Commerce  Development  Landscaping (3) Term of Office: The initial appointments to the City Tree Preservation Board shall be as follows:  Two members appointed for a term of three years.  Two members appointed for a term of two years.  One member appointed for a term of one years Thereafter all appointments shall be made for a term of three years and any member may be reappointed from term to term upon approval of the City Council. Appointments to fill any vacancy shall be for the remainder of the unexpired term of office. Any member who fails to attend two of three successive meetings without cause and without prior approval of the Chairperson shall automatically forfeit her or his appointment and the City Council shall promptly fill such vacancy. (4) Compensation: Members of the Tree Preservation Board shall serve without compensation. (5) Meetings: The Tree Preservation Board shall establish a regular meeting schedule no less than once a quarter. (6) Operation: Members of the Tree Preservation Board shall annually elect a chairperson and vice-chairperson by majority vote to preside over the board’s meetings. The

8/23/2023 4:08:25 PM8/23/2023 9:49:50 AM8/21/2023 9:03:38 AM 6 chairperson and vice-chairperson may take part in all deliberations and vote on all issues. A majority of the members shall be a quorum for the transaction of business. (7) Duties and Responsibilities: The Tree Preservation Board shall have the following duties and responsibilities: (a) Plan and host Indian Harbour Beach’s annual Arbor Day Ceremony. (b) Promote best practices in tree selection, planting, care, and trimming. (c) Consult with City staff, upon request, regarding the care and maintenance of trees on City property. (d) Develop and present annually a written community tree management program and supporting work plan with which, upon acceptance by the City Council, shall constitute the official Comprehensive Tree Plan for the City of Indian Harbour Beach, Florida. (e) Make recommendations to the City Council upon any matter coming within the scope of its work, as deemed necessary. (f) Other duties as assigned by the City Council. Section 4 A new section 107-38 is hereby added to Chapter 107 of the Code of Ordinances of the City which new section shall read as follows: Sec. 107-38. Applicability and exemptions (1) Applicability. This article applies to trees on public and private property. (2) Exemptions (a) Trees with less than a Diameter at Breast Height (DBH) of 4 inches are exempt from the provisions of this Chapter. (b) Trees that are determined by the City to be dead are exempt from the permit and fee requirements of this Section. (c) Non-native fruit trees cultivated or grown for the specific purpose of producing edible fruit, including, but not limited to mangos, avocados, or species of citrus. (d) Government owned preserve and parks lands. (e) Utility companies authorized to provide utility service may remove protected tree(s) that endanger public safety and welfare by interfering with utility service in an existing utility easement or public right-of-way, provided work is done by or under the control of the operating utility company and said company has received all necessary licenses or permits to provide utility service within the easement. (f) During the period of locally declared emergencies, such as a hurricane, flood, or any other natural disaster, the requirements of this Section may be temporarily waived by the City Manager, so that private or public work to restore order in the City will in no way be hampered. (g) Single-family detached residential property

8/23/2023 4:08:25 PM8/23/2023 9:49:50 AM8/21/2023 9:03:38 AM 7 (1) The following exemption is found in Florida Statutes 163.045 Tree pruning, trimming, or removal on residential property (a) For purposes of this section, the term: (1) “Documentation” means an onsite assessment performed in accordance with the tree risk assessment procedures outlined in Best Management Practices - Tree Risk Assessment, Second Edition (2017) by an arborist certified by the International Society of Arboriculture (ISA) or a Florida licensed landscape architect and signed by the certified arborist or licensed landscape architect. (2) “Residential property” means a single-family, detached building located on a lot that is actively used for single-family residential purposes and that is either a conforming use or a legally recognized nonconforming use in accordance with the local jurisdiction’s applicable land development regulations. (b) A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on a residential property if the property owner possesses documentation from an arborist certified by the ISA or a Florida licensed landscape architect that the tree poses an unacceptable risk to persons or property. A tree poses an unacceptable risk if removal is the only means of practically mitigating its risk below moderate, as determined by the tree risk assessment procedures outlined in Best Management Practices - Tree Risk Assessment, Second Edition (2017). (c) A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section. (d) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to Florida Statutes 403.9321-403.9333. Section 5. A new section 107-39 is hereby added to Chapter 107 of the Code of Ordinances of the City which new section shall read as follows: Sec. 107-39. Permit required to remove trees (1) Permit required for tree removal. Except as provided for in the Chapter, no person shall, directly or indirectly, cut down, substantially alter, destroy, remove, relocate, damage, or authorize any such act involving a protected tree situated on land within the city, without first obtaining a tree removal permit. (2) No permit shall be required to remove invasive or undesirable species listed under Sec. 107-10 and Sec. 107-45.

8/23/2023 4:08:25 PM8/23/2023 9:49:50 AM8/21/2023 9:03:38 AM 8 Section 6. A new section 107-40 is hereby added to Chapter 107 of the Code of Ordinances of the City which new section shall read as follows: Sec. 107-40. Permit procedure and criteria for issuing permits (1) Permits for the removal or relocation of a protected tree shall be obtained by filing an application with the Building Department. Approval of the application and issuance of a tree removal permit shall be required prior to any changes to an existing developed site. (a) Application for permits can be found on the City's website or obtained at City Hall. (2) No tree removal permit shall be issued unless the Building Official or her/his designee finds that at least one of the following criteria is satisfied with respect to each protected tree designated for removal: (a) The tree is located within an existing or proposed right-of-way. (b) The tree is located within an existing or proposed easement or stormwater area provided that the area is reasonably accessible for the service or use shall it be considered for purposes of determining whether there is a necessity for tree removal. (c) The tree creates or will create a safety or health hazard or a nuisance with respect to existing or proposed structures or vehicles or pedestrian routes and there is no reasonable alternative to relocate or reconfigure the improvements. The Building Official or her/his designee may require verification of claim(s) to be provided by a statement from a certified engineer or certified arborist in the State of Florida. (d) The tree interferes with the installation, delivery, or maintenance of proposed or existing utility services to the site. (e) The tree is confirmed by the Building Official, her/his designee, or by a certified arborist to be diseased, severely injured, non-viable (i.e. dead), or in danger of falling. (f) The tree unreasonably prevents the development of a lot or parcel of the physical use thereof. However, a tree removal permit shall not be granted where the applicant has failed to design and locate the proposed improvements so as to minimize the removal of trees consistent with the permitted use of the lot or parcel under the zoning ordinance as amended. (3) In lieu of submitting a tree removal permit application, an applicant may submit a no- tree verification statement stating that no trees protected by this Chapter exist on site. If such a statement is verified by the Building Official or her/his designee no permit will be required. (4) Any tree removal permit shall require a mitigation plan. Any replacement trees that are the subject of such mitigation shall be planted, or preserved before issuance of a certificate of occupancy or similar authorization.

8/23/2023 4:08:25 PM8/23/2023 9:49:50 AM8/21/2023 9:03:38 AM 9 (a) A tree location survey, identifying all existing trees with a DBH of 4 inches or greater is required. This tree location survey drawing shall be overlaid directly upon the parcel survey to provide the accurate location of all existing trees which are proposed to be destroyed, relocated, or preserved, the scientific name, and common name of each tree, and the diameter (to the nearest half inch at DBH), height and canopy spread of each tree. The survey shall also include a statement indicating how trees not proposed for removal or relocation are to be protected during construction, if applicable. The number of trees to be retained, removed and the new trees to be replanted by diameter to the nearest half inch shall be shown. (5) Tree removal permit applications for trees located on 'common' property must be accompanied by a letter from the Board of Directors of the Homeowner's Association indicating the majority of the Board voted to have the tree be removed. To avoid confusion, the review, acceptance, and issuance of a tree removal permit shall still be subject to the criteria in section 107-40(2) a-e. (6) Inspections. An application for a tree removal permit constitutes consent by the property owner and/or applicant for the City to conduct site inspections on the subject property, pursuant to permit requirements. Section 7. A new section 107-41 is hereby added to Chapter 107 of the Code of Ordinances of the City which new section shall read as follows: Sec. 107-41 Replacement Tree Requirements 1) Replanting Location Requirements a) Property owners shall not plant replacement trees in an easement or right-of-way if said replacement trees will interfere with the use of the easement (any present or planned overhead or utility). b) Replacement trees shall not interfere with any present or planned overhead or underground utility. c) Replacement trees if planted within an easement shall not interfere with the use of that easement. d) Replacement trees shall not be planted within any City rights-of-way or without the approval of the Building Official or her/his designee. e)