§ 825-140. Special status category trees.

Projects containing special status category trees are subject to the following additional criteria:

(A)

Criteria and procedures for designation as a natural forest community.

(1)

On the effective date of this Land Development Code, all local areas of particular concern (LAPCs), natural resource areas (NRAs), urban wilderness areas (UWAs) and environmentally sensitive lands (ESLs) which have been so designated by Broward County that lay in the City of Dania Beach shall be designated as a natural forest community.

(2)

The designation of other real property as a natural forest community shall be made by the commission following a public hearing. Before a site is designated as a natural forest community, the commission shall make a finding that a natural forest community is at least two (2) acres in size, is generally comprised of a canopy, subcanopy and groundcover, and is populated by native vegetation associated with one (1) or more of the following communities:

(a)

Beach and dune community. A community composed of unconsolidated sand facing the ocean and shaped by the wind, waves, currents, and tides. Sand may be piled up by the wind forming dunes. Characteristic plant species include beach sunflower, sea oats, sea grape, beach star, beach creeper, Spanish bayonet, cocoplum, railroad vine, beach peanut, beach croton, beach bean, saw palmetto, prickly pear and nickerbean.

(b)

High hammock community. This community develops slowly as organic material accumulated creating a favorable land elevation. The presence of a high hammock indicates that the site has been undisturbed for a period of time. High hammocks are among the most diverse systems in South Florida containing more than one hundred (100) species of trees and shrubs. Characteristic tree species include: live oak, willow bustic, lancewood, mastic, strangler fig, satinleaf, mulberry, Simpson stopper and a variety of ferns. Developed areas may also be in this classification. The community does not necessarily have to be vacant land.

(3)

The city commission shall direct the city manager to publish and mail or hand deliver a notice of public hearing to consider designation of a site as a natural forest community. Notice of hearing to be held by the commission to consider designation of a site as a natural forest community shall be those required for a city commission public hearing. In addition notice shall be mailed or hand delivered to the effected property owners at least fifteen (15) days prior to the hearing date. Such notice shall state time, date and place of the hearing, the location of the property under consideration, the ecological community or communities alleged to be included within the property, and the effect of the designation on lands classified as natural forest communities. For purposes of this notification, an owner of property shall be deemed to be the person who is shown as the owner on the tax rolls of the Broward County Property Appraiser unless the city has actual notice that a person or entity other than the person or entity shown on the tax roll is the owner.

(4)

Following designation of a natural forest community, notification of such designation shall be sent to the property owner(s). In addition a map depicting sites designated as natural forest communities shall be maintained at the city for viewing by the public.

(B)

[Removal of natural forest community trees.] Natural forest communities trees may be removed provided that the applicant adheres to the following preservation requirements to the extent determined to be practicable by the city and county:

(1)

[Habitat preservation.] Any areas identified during the licensing process as providing habitat to federal or state listed species shall be identified and preserved.

(2)

[High wildlife utilization.] Areas of high wildlife utilization onsite shall be identified and preserved.

(3)

[Undisturbed canopy.] Areas which contain relatively undisturbed canopy or have good stratification of cover (e.g. canopy, subcanopy, ground cover) shall be identified and preserved.

(4)

[Utility lines.] Utility line installations shall not be located in preservation areas.

(5)

Resource management plan. Any proposed development activity which would negatively impact the natural forest community must be mitigated through a resource management plan, approved by the city, which significantly improves the viability of the remainder of the resource. No tree removal license shall be issued until an agreement providing for the implementation of the resource management plan has been executed and recorded, and any covenants, easements or physical improvements required by the plan are in place. A certificate of occupancy shall not be issued for developments that include natural forest communities unless it is determined that the applicable provisions of the resource management plan have been met.

(6)

Conservation easement. As a condition of an issuance of a license under this subcategory where preservation is required, a conservation easement shall be granted by the applicant to the city and the citizens of the city. The conservation easement shall:

(a)

Be duly executed and recorded and placed on the face of the plat,

(b)

Meet the approval of the city attorney,

(c)

Prohibit land clearing, development or other harmful activity on the preserved portion of the natural forested community,

(d)

Allow access to the conservation easement by agents of the City of Dania Beach and county to conduct studies, inspection, and other activities consistent with the purpose of the conservation easement, and

(e)

Need not provide for access by the general public.

(C)

Specimen trees. Projects or properties containing specimen tree(s) are subject to the following additional criteria:

(1)

As part of the tree removal or relocation license, the applicant must identify if any of the trees are in the following categories, along with the species and condition of the tree:

Tree	Size
Hardwoods/Conifer	18" DBH or over
Palms	12" DBH or over and minimum six (6) foot clear trunk

 

(2)

Specimen trees are subject to the preservation and relocation criteria of this article. If it is determined by the city that tree relocation is not feasible, then payment shall be made into the tree preservation trust fund. Payment shall be based on the value of the tree(s), as determined by the city's specimen tree appraisal formula, as listed below, which reflects the city's tree preservation priorities based on size, health, and locations which enhance the ability of a tree to provide benefits to the greater community. An alternative method of tree valuation may be used if a request is submitted to and approved by the city. Hazard, invasive, and dead trees are assigned a zero-dollar monetary value. The cost of canopy replacement provided for by a specimen tree (based on price formula in Sec. 825-130) may be subtracted from the calculated specimen tree appraised value.

Specimen Tree Appraisal Formula:

Appraised Tree Value = Price of Replacement Tree × 2.7 × Size Factor × Health/Condition Factor × Location Score

Explanation of formula Components:

Replacement Tree Price shall be the average of three published prices of a common, native, locally available Category 1A Tree (for trees), or common, native, locally available palm tree with a minimum six foot (6') clear trunk (for palms). Locally available suppliers are considered to be those located within two hundred (200) miles of the city limits.

2.7 is a multiplier utilized to represent installation and establishment cost.

Size factor:

Hardwoods/conifers: 18-24" DBH = 3, >24" DBH = 4

Palms: six feet (6') - twelve feet (12') clear trunk = 1, > twelve feet (12') clear trunk = 2

Health/conditions factor:

Excellent/good (no major defects) = 1.25

Fair (defects are correctable or are not anticipated to cause tree death or required removal within 10 years) = 0.75

Poor (defects not correctable, expected to cause death or require removal within 10 years) = 0

Location score: (locations not described below and all prominent ratings are designated by Community Development Director)

Prominent: highly visible area for general public, significant contribution to area = 3

High: front or street side yard or swale/within ten feet (10') of roadway or sidewalk = 2

Medium: front yard/visible from road or sidewalk and greater than 10 feet from road or sidewalk = 1

Low: rear yard or otherwise similarly obstructed from view = 0.5

If the location of the tree is compromised in a way that cannot be remedied by the property owner, such that the long-term existence or viable growth of the tree is compromised, the location score is reduced by half.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2017-005, § 6, 2-28-17)