§ 15-283. Recommended, replacement, restricted, and specimen trees.

(a)

Recommended stock. The following tree replacement species are suggested because they are native to the region and/or their proven performance in Central Florida. The following trees may be used as replacement stock without prior approval. All other replacement trees must be approved by the zoning manager.

Botanical Name	Common Name	C/U (Canopy or Understory)
Acer rubrum	Red maple	C
Aesculus pavia	Red buckeye	U
Betula Nigra	River Birch	U
Carya floridana	Scrub hickory	C
Carya glabra	Pignut hickory	C
Carya glabra negacarpa	Coast pignut hickory	U
Carya illinoinensis	Pecan	C
Cercis canadensis	Red Bud	U
Chionanthus virginicus	Fringe Tree	C
Cornus florida	Flowering dogwood	U
Cornus foemina	Swamp dogwood	U
Fraxinus pennsylvanica	Green Ash	C
Gordonia Lasianthus	Loblolly bay	U
Ilex cassine	Dahoon holly	U
Ilex opaca	American holly	U
Juniperus virginiana	Southern red cedar	C
Lagerstroemia indica	Crepe Myrtle	U
Ligustrum japonicum	Ligustrum	U
Liquidambar styraciflua	Sweet gum	C
Liriodendron tulipfera	Tulip tree	U
Magnolia grandiflora	Southern magnolia	C
Magnolia virginiana	Sweet bay	U
Nyssa sylvatica	Black Gum	C
Osmanthus americanus	Wild olive-Devilwood	U
Persea borbonia	Red bay	U
Pinus elliotti	Slash Pine	C
Pinus palustris	Long Leaf Pine	C
Pinus taeda	Loblolly Pine	C
Platanus occidentalis	Sycamore	C
Prunus angustifolia	Chickasaw plum	U
Quercus falcata	Southern Red Oak	C
Quercus geminata	Sand live oak	C
Quercus incana	Blackjack oak	U
Quercus inopina	Scrub oak	U
Quercus laevis	Turkey oak	C
Quercus Laurifoilia	Laurel oak	C
Quercus michauxii	Swamp Chestnut Oak	C
Quercus myrtifolia	Myrtle oak	U
Quercus nigra	Water oak	C
Quercus shumardii	Spanish oak; Shumard Oak	C
Quercus virginiana	Live oak	C
Sabal Palmetto	Sabal or Cabbage Palm	U
Taxodium ascendens	Pond cypress	C
Taxodium distichum	Bald cypress	C
Ulmus alata	Winged elm; Cork elm	C
Ulmus parvifolia	Chinese Elm	C

 

(b)

Restricted stock. The following trees may not be used as replacement stock within the unincorporated areas of the county due to their exotic invasive nature or otherwise undesirable characteristics: (Also includes all plants listed on the Florida Exotic Pest Plant Council list, categories I and II.)

Botanical Name	Common Name
Albizzia julibrissin	Mimosa
Broussonetia papyrifora	Paper mulberry
Casuarina species	Australian pine
Enterlobium contortisliquum	Ear tree
Eucalyptus camuldulensis	Cama eucalyptus
Grevillea robusta	Silk oak
Jacaranda acutifolia	Jacaranda
Leucaena species	Lead tree
Melaleuca species	Cajeput or punk tree
Melia azedarch	Chinaberry
Sapium sebiferum	Chinese tallow tree
Schinus terebinthifolius	Florida holly or Brazilian pepper
Terminalia catappa	Tropical Almond

 

(c)

Specimen trees. Reasonable efforts should be made to preserve specimen trees (as defined in section 15-277). A permit to remove a specimen tree shall be granted when one or more of the following items do not allow for reasonable options to preserve the tree(s):

(1)

Grading and drainage requirements for the site;

(2)

The construction of a building;

(3)

The installation of required utilities;

(4)

Access to and immediately around proposed structures; or

(5)

Parking lot requirements.

If approved for removal by the zoning manager, specimen trees shall be replaced at a ratio of two (2) to one (1) of the cumulative caliper of the trees to be installed to the cumulative DBH of the trees removed. Notwithstanding the ratios established immediately above, commercial lots under ten thousand (10,000) square feet shall be required to replace specimen trees at a one-to-one ratio of the cumulative caliper of the trees installed to the cumulative DBH of the trees removed.

(d)

Replacement. Protected trees identified for removal on the tree survey, other than pine trees, shall be replaced by trees identified on the recommended stock list, section 15-283(a).

(1)

Replacement of non-specimen trees shall be based on a one-to-one ratio of the cumulative DBH of the trees to be removed to the cumulative caliper of the trees to be installed. (For example: a 21" DBH tree to be removed shall be replaced by seven (7) 3" Caliper trees or three (3) 7" Caliper trees, or any combination of replacement trees that total the total DBH removed.) Specimen trees shall be replaced on a two-to-one ratio of the cumulative caliper of the trees to be installed to the cumulative DBH of the trees removed. Notwithstanding the replacement requirements of this paragraph, section 15-283(d), no applicant may be required to replace more than ninety caliper inches per acre (prorated for fractional acres) for each development approval or permit, as the case may be, upon demonstration that the applicant has avoided the removal of protected trees to the maximum extent practicable. The replacement requirements of this paragraph shall not apply to pine trees harvested during a bona fide silvicultural operation.

(2)

All replacement trees are to be Florida Nursery Standard #1 or better.

(3)

Fifty percent (50%) or more of the canopy trees used for replacement shall be a minimum of ten (10) feet in height and have a caliper no less than three (3) inches. Twenty-five percent (25%) or less of the canopy trees used for replacement shall be a minimum of eight (8) feet in height and have a caliper of no loss than two (2) inches.

(4)

Understory trees shall not make up more than twenty-five percent (25%) of the total number of trees planted to meet the required replacement for the site. Understory trees used for replacement shall be a minimum of four (4) feet in height and have a caliper no less than one and a half inches.

(5)

Replacement trees and preserved trees (three [3] inch caliper or greater) may count toward meeting the planting requirements of Orange County Code Chapter 24, Landscape Buffering and Open Space.

(6)

Healthy preserved trees on site, including pine trees on the recommended stock list, shall count toward meeting the replacement requirements of this section per the following:

a.

Fifty percent (50%) or more of the preserved trees applied toward replacement credit shall be three inches in caliper or greater.

b.

Twenty five percent (25%) or less of the preserved trees applied toward replacement credit may be a minimum of two (2) inches in caliper.

c.

Twenty five percent (25%) of the preserved trees applied toward replacement credit may be understory trees as defined in this article.

d.

The cumulative DBH of specimen trees preserved on site shall count two (2) to one (1) toward meeting the total replacement requirement.

(7)

Trees located within a designated conservation area shall not count toward replacement requirements of this article.

(e)

Tree replacement trust fund. There is hereby created a tree replacement trust fund, a separate fund of the county which shall receive all funds collected as tree replacement fees and mitigation fees.

(f)

Tree replacement fees. Tree replacement fees shall be established by the board of county commissioners and updated as necessary to cover the cost of replacing the trees, including materials and labor.

(g)

Disbursement of funds. Disbursement from the tree replacement trust fund shall be made only with the approval of the Board of County Commissioners, and only for the following purposes:

Primarily for purchase of trees for planting at a publicly owned and operated site or other community enhancement project such as the County Streetscape Program or as deemed appropriate by the Board of County Commissioners.

Secondarily for purchase of landscape materials or equipment, or the funding of educational programs which promote, enhance or implement the goals and objectives as established in section 15-276.

(Ord. No. Code 1965, § 19A-52; Ord. No. 85-33, § 12, 12-9-85; Ord. No. 2001-19, § 8, 11-6-01)