Special City Council Meeting - Tree Ordinance

SPECIAL
CITY COUNCIL MEETING

AGENDA
TO: The Honorable Mayor and City Council
FROM: William S. Larese, City Manager

SUBJECT: City Council Special Meeting
July 20, 2021 AT 5:30 PM
Council Chamber at City Hall, 555 South Washington Avenue, Titusville, FL

32796
The purpose of this meeting is as follows:

1. Tree Protection Workshop
Input from Council as desired.
2. Public Comment
Public Comment - As this is a special meeting, comments from the public present
must relate directly to the agenda items.
Any person who decides to appeal any decision of the City Council with respect to any matter
considered at this meeting will need a record of the proceedings, and for such purpose, 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.
Applicants for land use and zoning related items are advised that the resumes of staff
members who prepare applicable staff reports are on file in the City Clerk's Office.
The City desires to accommodate persons with disabilities. Accordingly, any physically
handicapped person, pursuant to Chapter 286.26 Florida Statutes, should, at least 48 hours
prior to the meeting, submit a written request to the chairperson that the physically
handicapped person desires to attend the meeting.
Page 1 of 80
City Council Special - July 20, 2021 - 5:30 PM
Category:
Item: 1.
City of Titusville
To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: Tree Protection Workshop
Department/Office: Community Development
Recommended Action:
Input from Council as desired.
Summary Explanation & Background:

The goal of the workshop is to inform Council of the current status of the tree protection
ordinance, and to receive questions from Council to ensure they are provided with adequate
information to feel comfortable reviewing the ordinance during the public hearing process.
Requests for additional information expressed at the workshop will assist staff time in preparing
for the ordinance public hearing.
Attached are the following draft ordinances:

Staff proposal
TEC Recommendation (based upon recommendations of The Tree Team)
P&Z Recommendation with Appendix A
Changes to the code are shown with strikethrough/underlining, and changes to staff's
recommendations are highlighted.
The following information is also attached:

Council's initial direction/comments from October 2019, and comments from Council members
from the July 2019 workshop.
Comparison of the existing Titusville code and the Brevard County code related to trees
Compromise ordinance developed by representatives of representatives of the development
and environmental community
Alternatives:
Item Budgeted:
Source/use of funds/Budget Book Page:
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Strategic Plan:
No. 1 – Quality of LifeNo. 2 – Efficient and Effective ServicesNo. 4 – Economic Development
Strategic Plan Impact:
ATTACHMENTS:
Description Upload Date Type
Staff Proposed Ordinance 7/8/2021 Backup Material
P&Z Recommendation 7/13/2021 Backup Material
Appendix A 7/9/2021 Backup Material
TEC Recommendation 7/13/2021 Backup Material
Compromise Ordinance 7/13/2021 Backup Material
Council Direction/Comments 7/13/2021 Backup Material
Comparison of City and County Codes 7/13/2021 Backup Material
Tree Canopy by Jurisdiction 7/13/2021 Backup Material
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ORDINANCE NO. XX-2021

AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR STANDARDS OF
TREE PROTECTION INCLUDING THE DESIGNATION OF PROTECTED
TREES, CREATION OF TOTAL CANOPY AND PRESERVED CANOPY
REQUIREMENTS, STANDARDS FOR REMOVAL OF HERITAGE TREES,
ESTABLISHMENT OF INCENTIVES TO PRESERVE TREES AND REDUCE
MITIGATION, AND AMENDING CRITICAL ROOT ZONE, TREE SURVEY AND
BUFFER YARD REQUIREMENTS, BY AMENDING CHAPTER 30
“DEVELOPMENT STANDARDS” SPECIFICALLY AMENDING SECTIONS 30-
31 “INTENT”, 30-32 “CRITERIA FOR REMOVAL”, 30-33 “RELOCATION OR
REPLACEMENT OF TREES” 30-34 “MITIGATION PLAN”, 30-35
“EXCEPTIONS”, 30-39 “TREE REMOVAL, PERMIT REQUIRED”, 30-40
“TREE SURVEY REQUIRED BEFORE PERMIT” 30-324 “LANDSCAPE”, 30-
334 “REDUCTION IN REQUIRED LANDSCAPE YARDS”, AND 30-338
“NATURAL BUFFER YARDS”, AND CREATING NEW SECTION 30-31.5
“CANOPY REQUIREMENTS”; PROVIDING FOR GRANDFATHER
PROVISION, SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES,
EFFECTIVE DATE AND INCORPORATION INTO THE CODE.
WHEREAS, the retention of trees and vegetation reduces erosion; provides natural
water retention and filtration; provides shade; buffers incompatible uses; aids in urban
temperature control; provides wildlife habitat and improves the aesthetic quality of a community;
and
WHEREAS, the preservation of trees and natural vegetation increases property values
and contributes to human health; and
WHEREAS, the Conservation Element of the City’s comprehensive plan states the City
shall not allow the total removal of vegetation during land development, and;
WHEREAS, the comprehensive plan further recognizes the value of trees as an
important community resource, and requires that land development regulations shall afford
adequate protection of trees during development while allowing developers latitude in some
cases to devise alternative strategies to save and preserve trees during development; and
WHEREAS, the establishment and implementation of policies, regulations and
standards are necessary to ensure that the City of Titusville continues to realize benefits
provided by trees as recognized through the “Tree City USA” designation by the Florida
Department of Urban Forestry; and
WHEREAS, the University of Florida Institute of Food and Agricultural Sciences (IFAS),
California Berkeley College of Natural Resources, and International Society of Arboriculture
(ISA) defines critical root zone (CRZ) as an area equal to a one (1) foot radius from the base of
the tree’s trunk for each one (1) inch diameter at breast height (DBH); and
WHEREAS, research published in the journal Landscape and Urban Planning found that
the presence of a tree ordinance having some form of heritage or significant tree designation
was associated with a 6.7% increase in urban tree canopy for municipalities in Florida
(Landscape and Urban Planning 190 (2019) 103630), and
WHEREAS, the Titusville Environmental Commission has considered and made
recommendations regarding this ordinance; and
Tree Ordinance - Staff Second Recommendation

March 1, 2021 Page 1 of 13
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WHEREAS, the Planning and Zoning Commission considered the recommendations of

the Titusville Environmental Commission and made recommendations regarding this ordinance;
and
WHEREAS, the City Council has considered the recommendations of the Titusville
Environmental Commission, the Planning and Zoning Commission and interested members of
the public during their review of the ordinance, and
WHEREAS, the City Council desires to strengthen tree protection while protecting
property rights, and approves these amendments as in the best interests of the citizens of
Titusville; and
NOW, THEREFORE, BE IT ENACTED by the City of Titusville, Florida as follows:
Section 1: That Chapter 30 “Development Standards”, Article II “Environmental”,

Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-31 “Intent” of the
Land Development Regulations of the City of Titusville is hereby amended to read as follows:
Sec. 30-31. -– Intent and general standards.
(a) Intent. This article is intended to improve and protect the environment, character and value
of surrounding properties. The provision of landscaping and the retention of natural plant
growth reduces erosion, provides natural water retention and filtration, provides shade,
buffers incompatible uses, aids in urban temperature control and improves the aesthetic
quality of a community, thereby promoting the public health, safety and general welfare.
(b) General Standards. The general standards below provide mandatory requirements for key
concepts of this Division.
(c) Protected trees are designated as follows:
Tree Designation Species Size – Diameter at Breast Height
Significant Native or IFAS-designated Greater than fourteen (14) inches

Florida-friendly and less than twenty (20) inches
Specimen Native or IFAS-designated Equal to or greater than twenty
Florida-friendly (20 inches and less than forty-six
(46) inches
Heritage Native or IFAS-designated Equal to or greater than forty-six
Florida-friendly (46) inches
(d) Critical root zone (CRZ) is calculated as follows for the CRZ of specimen and heritage trees.
(1) Measure tree diameter four and one-half (4.5) feet above grade (dbh).
(2) Multiply this by twelve (12) inches.
(3) The calculation gives the radius of the CRZ centered on the tree. For example, a twenty-
five-inch diameter tree would have a twenty-five-foot radius CRZ.
(4) The City reserves the right to determine a different CRZ for individual trees based upon
site specific conditions to ensure viability of the tree within site specific development
constraints.
Tree Ordinance - Staff Second Recommendation

March 1, 2021 Page 2 of 13
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(e) For significant trees, the root protection zone shall be determined by the drip line of the
tree.
(f) For palm trees, the root protection zone area shall be 25 square feet and have a radius no
less than two feet.
(g) Except for tracts designated for tree preservation, limited development in the CRZ is
allowed as follows.
(1) Impervious surfaces are allowed in the CRZ as long as no more than twenty-five percent
(25%) of the CRZ area is paved. Grade changes within the paved area shall not
exceed a difference of three (3) inches between the pre-development grade and the
post-development grade. No impervious surfaces shall be permitted within the dripline.
(2) If any development or a grade change occurs in the CRZ with the exception of the
twenty-five percent (25%) threshold, then the tree shall be considered as being fully
impacted and mitigation/replacement as required by code shall be applied; no mitigation
credit shall be allowed.
(3) The CRZ of a preserved tree may include existing impervious area(s) not adversely
affecting the viability of the tree.
Section 2: That Chapter 30 “Development Standards”, Article II “Environmental”, Division 2
“Trees and Vegetation (Preservation and Mitigation)”, of the Land Development Regulations of
the City of Titusville is hereby amended by adding a section, to be numbered Section 30-31.5
“Canopy Requirements”, which said section reads as follows:
Sec. 30-31.5. – Canopy requirements.
(a) Minimum canopy requirements may be met through a combination of preserved and planted
trees as provided below.
Development Type Total Canopy Preserved Canopy
(Minimum)
Residential 25% 15%
Commercial 25% 15%
Industrial 15% 10%
(b) Canopy means the area consisting of a tree’s branches in all directions from its trunk, the
outer edge of which is the dripline.
(c) An aerial photograph not more than one (1) year old may be utilized to determine the tree
canopy area.
(d) Undisturbed vegetated scrub habitat consisting of, but not limited to, chapman oak, scrub
oak and sand live oak, in excess of an average of thirty-six (36) inches in height shall be
considered as part of the tree canopy area.
(e) Category I invasive plant species as listed by the Florida Exotic Pest Plant Council shall not
be counted toward canopy requirements.

“Trees and Vegetation (Preservation and Mitigation)”, Section 30-32 “Criteria for removal” of the
Tree Ordinance - Second Staff Recommendation

February 23, 2021 Page 3 of 13
Page 6 of 80
Sec. 30-32. - Criteria for removal.

(a) The following criteria shall be considered to be justification for removal of trees, except
heritage trees which shall require review and approval of the Titusville Environmental
Commission serving as the City’s Tree Board consistent with provisions of paragraph (e),
below.
(1) Trees located in a portion of a lot or parcel in which a building, driveway, sidewalk,
retention area or accessory structure will be constructed where redesign to avoid tree
removal is not feasiblepossible. The developer shall employ alternative construction
techniques, including the use low-impact development (LID) techniques, such as
pervious pavement, grade beams, retaining walls, and/or tree wells, to save specimen
and heritage trees where preservation is possible.
(2b) Trees located with their critical root zone/dripline area (depending on tree size and
species) in such close proximity to buildings, driveways, sidewalks, or accessory
structures that they prevent the property development of the lot or parcel.
(3) Trees that are determined to be a danger to an existing structure or for which the
thresholds for limited development within the critical root zone (as defined in Section
30-31) are exceeded.
(4) Trees, which are dead, diseased or weakened by age, storms, fire or other injuries,
which pose a threat to the welfare of the general public as determined by an arborist,
landscape architect or certified nursery professional. The permit fee will be waived in
these cases.
(5) Tree removal activities authorized and preempted by state or federal law, which
include, but are not limited to:
1. Removal of trees on trees on residential property which pose danger to persons or
property in accordance with Section 163.045, F.S., for which no replacement tree will be
required.
2. Removal of trees by an electric utility to clear trees away from power lines in order to
ensure the safe transmission of electricity to customers, as provided by Florida Statutes
and Electric Tariff Rules, including the preemption under Section 163.3209.
(b) Sufficient evidence in the form a written statement must be provided to the Administrator to
substantiate justify the need for any tree removal.
(c) Critical root zone (CRZ) is also called the "tree protection zone" is often defined as an
imaginary circle on the ground that corresponds with the "dripline" of the tree. However, the
dripline is very irregular and misleading, so the trunk diameter is referred to. To determine a
CRZ:
(1) Measure tree diameter four and one-half (4.5) feet above grade.
(3) The calculation gives the diameter of the CRZ centered on the tree. For example, a
twenty-five-inch diameter tree would have a twenty-five-foot diameter CRZ.
(d) Trees, which are dead, diseased or weakened by age, storms, fire or other injuries, which
pose a threat to the welfare of the general public. The permit fee will be waived in these
cases.

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(ec) If after consideration of the above criteria, tree removal cannot be avoided, the
Administrator is authorized to grant reduction to the setback regulations applicable, for all
non-single-family residential uses, up to twenty-five (25) percent of the required setback in
order to avoid the removal of the protected tree. However, no setback shall be reduced to
less than the required fire separation for structures of the proposed.
(d) Shredding, chipping and/or off-site wood logging is desirable. On-site burning of removed
vegetation is prohibited.
(e) Heritage trees may only be removed if approved by the Titusville Environmental
Commission acting as the City’s Tree Board, utilizing the following in their consideration of
the request to remove such trees:
(1) The impact of the proposed development on the impacted tree(s), as shown by a survey
or scale drawing of the subject property accurately depicting the location of the tree,
including the critical root zone.
(2) Whether the project can be reasonably reconfigured to preserve the heritage tree(s);
(3) Whether a reduction of required setbacks, buffers, road width or other code requirement,
as approved by the City would be sufficient to preserve the heritage tree(s);
(4) Whether alternative construction methods, including the use of low-impact (LID)
techniques such as pervious pavement, grade beams, retaining walls, and/or tree wells,
can be utilized to preserve the tree;
(5) Whether the tree is dead, diseased or weakened by age, storms, fire or other natural
injuries, as determined by an evaluation of a certified arborist or a Florida licensed
landscape architect (in such case, the fee for the TEC review shall be waived);
(6) The tree is deemed to be hazardous to persons or property, as determined by an
evaluation of a certified arborist or a Florida licensed landscape architect;
(7) The tree will interfere with utilities that cannot feasibly be relocated;
(8) Other site specific conditions.
(9) Any appeal to the decision of the Titusville Environmental Commission shall be heard by
the City Council. Any applicant that is aggrieved by the decision of the Titusville
Environmental Commission may file a written appeal within thirty (30) days after the
decision in dispute, accompanied by the appropriate fee. Appeals shall be filed with the
City and shall state fully the grounds for the appeal and all facts relied upon by the
petitioner. The City Manager shall schedule the appeal for the consideration of the City
Council within sixty (60) days of receipt of the appeal.

“Trees and Vegetation (Preservation and Mitigation)”, Section 30-33 “Relocation or replacement
of trees” of the Land Development Regulations of the City of Titusville is hereby amended to
read as follows:
Sec. 30-33. - Relocation or replacement of trees.
(a) As a condition of granting a permit, the applicant may be required to relocate trees being
removed or replace the tree being removed with a tree of similar type elsewhere on the site
which shall be a minimum of two and one-half (2.51) inch caliper as measured at a height of
four and one-half (4½) feet above ground (dbh) provided the site can reasonably support

Page 8 of 80
the relocation or replacement as determined by the Administrator. Replacement trees shall

have a healthy root system and a minimum grade of Florida #1.
(b) For every protected tree, reasonable relocation includes techniques such as root pruning,
tree spades and other similar techniques. Relocation techniques shall be reviewed and
approved by the City prior to being used for any relocation of trees on the property.
(c) All relocation areas shall be permanently protected in a recorded plat condition, or
declaration of covenants recorded in the official records of the City of TitusvilleBrevard
County, Florida, or with sufficient protective language, as noted on the approved landscape
site plan, which shall be noted as a condition of approval, in property records maintained by
the City of Titusville.
(d) No new overstory tree shall be planted within the drip line of an existing tree being
preserved.
(e) The City may not require a property owner to replant a tree that was pruned, trimmed, or
removed in accordance with Section 163.045, F.S., as may be amended.
(f) Replanting and/or mitigation of trees removed by an electric utility to clear trees away from
power lines, as provided by Florida Statutes and Electric Tariff Rules shall be consistent
with the provisions of Section 163.3209, F.S., as may be amended.

“Trees and Vegetation (Preservation and Mitigation)”, Section 30-34 “Mitigation Plan” of the
Land Development Regulations of the City of Titusville is hereby amended to read as
follows:
Sec. 30-34. -– Mitigation Plan and Incentives to Preserve Trees and Reduce Mitigation.
(a) As a condition of granting a permit, the applicant is required to prepare a Mitigation Plan for
all major trees (measuring twenty (20) inches dbh or more) which providing for replacement
of protected trees are designated for removal. Said plan shall provide for a two-to-one
replacement based on tree caliper (i.e. if a twenty-two-inch dbh tree is being removed a
total of forty-four (44) inches dbh shall to be replanted on the site). as provided below.
(1) Significant tree – thirty-three percent (33%) mitigation replacement based on trunk dbh
(2) Specimen tree – one hundred percent (100%) mitigation replacement based on trunk
dbh
(3) Heritage tree – two-hundred percent (200%) mitigation replacement based on trunk dbh,
(b) All replacement mitigation trees shall be depicted on the mitigation plan with identification of
the type of tree. Replacement/mitigation trees shall be a native species of a similar type to
those removed, i.e. coniferous trees shall be replaced with coniferous trees. The
replacement/mitigation tree plantings shall be in addition to any landscape planting required
by the City Code.
(c) The mitigation plan shall include designation of any proposed relocation area(s).
(d) Mitigation plantings are permitted within preserved and planted canopy areas. Caliper
inches planted above the minimum size for canopy areas and required landscape areas
may be credited toward mitigation planting requirements.
(d) The mitigation plan shall include a list of all protected trees proposed for removal and a list
of all protected trees to be preserved.

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(e) Alternatively, the applicant may in lieu of replanting, as set forth in Section 30-35 (a)
preserve native vegetation on the site consisting of at least one hundred (100) square feet
per tree caliper inch lost mitigation inch required. The preservation of native vegetation shall
be in addition to any preservation areas or landscaping required by the Titusville LDRs, with
the exception of preserved wetlands and natural buffer areas which may be counted as part
of preserved area credited toward mitigation. This mitigation credit shall not be given for
preserved or planted tree canopy areas. Native vegetation preservation credit may be
allowed in preserved wetlands, however a maximum of fifty percent (50%) of the total
required mitigation inches, may be provided from native vegetation preservation in wetland
areas. The mitigation plan shall include designation of proposed areas to be preserved and
specifications of the kind of existing vegetation in such areas.
(f) As a last resort for sites which cannot accommodate the plantings required by the Mitigation
Plan this section (as determined by the Administrator), the applicant shall contribute to the
City's Public Landscaping Trust Fund an amount equal to one hundred seventy-five dollars
($75.00 100.00) per net caliper-inch lost mitigation dbh inch. This provision can be reduced
to seventy-five dollars ($75.00) per a net caliper-inch lost when the trees are logged, in lieu
of burning.
(b) When mitigation trees are removed to address requirements established by floodplain
compensatory storage regulations (Section 30-103(f)(3)), the mitigation criteria for that
portion of the development shall be enforced as shown below:
(1) The replacement ratio shall be one-to-one replacement based on tree caliper.
(2) The contribution to the City's Public Landscape Trust Fund shall be an amount equal to
one hundred dollars ($100.00) per net caliper-inch lost.
(gc) The provision of payment into the City's Public Landscaping Trust Fund shall not be eligible
for a variance before the Board of Adjustment and Appeals.
(hd) Appeals. Appeals of the Administrator's determination as to the practicality of installing
required mitigation trees shall be processed as described in Section 34-248(b). If the
appeal is granted by the Board of Adjustment and Appeals, the applicant shall make the
required payment as stipulated by Section 30-35 (f) into the City's Public Landscaping Trust
Fund.
(i) Incentives to preserve trees and reduce mitigation are shown below.
(1) Incentive 1. Developments satisfying all requirements for minimum preserved canopy
and total canopy are exempt from further mitigation for significant trees that are
removed. On developments where this is achieved, a tree survey of significant trees is
not required outside of the total canopy area.
(2) Incentive 2. If site plan or subdivision plan provides for a total canopy area increase of
5% of the site in accordance with the table below, then no further tree mitigation or
payment in lieu of mitigation is required, with the exception of Heritage Trees which still
require mitigation
Total Canopy
Residential 30% or greater
Commercial 30% or greater
Industrial 20% or greater

Page 10 of 80

Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-35 “Exceptions” of
the Land Development Regulations of the City of Titusville is hereby amended to read as
follows:
Sec. 30-35. - Exceptions.
(a) Emergency conditions. The City Manager or his designated representative may waive all or
part of these requirements in the event of natural disaster such as hurricanes, tornados,
floods, or hard freezes.
(b) Licensed plant and tree nurseries shall be exempt from the terms and provisions of this
article when trees planted or growing on the premises of said licensee are so planted and
growing for the sale to the general public in the ordinary course of business.
(c) Persons donating trees to a public body for transplanting on public property shall be exempt
from the payment of fees for obtaining the required permit when said trees are accepted by
the public body.
(d) Nuisance trees shall be removed; and a permit is not required. A list of nuisance trees can
be found Section 2.3 of the Tree Protection/Removal of the Environmental Technical
Manualshall be those identified by the Florida Exotic Pest Plant Council.
“Trees and Vegetation (Preservation and Mitigation)”, Section 30-39 “Tree removal, permit
required” of the Land Development Regulations of the City of Titusville is hereby amended to
read as follows:
Sec. 30-39. - Tree removal, permit required.
(a) No person, organization, society, association or corporation, or any agent or representative
thereof, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy
through damaging any tree with a trunk diameter of six (6) four (4) inches or more, said
diameter being measured four and one-half (4½) feet above ground level prior to the
issuance of a permit by the City of Titusville.
(b) Diameter breast height (DBHdbh) is the measurement of the tree's diameter made by tree
professionals, taken at breast or chest height. This diameter is measured over the outside
bark using a diameter tape at the point "breast height." Breast height is specifically defined
as a point around the trunk at four and one-half (4.5) feet (1.37 meters in metric using
countries) above the forest floor on the uphill side of the tree. For the purposes of
determining breast height, the forest floor includes the duff layer that may be present, but
does not include unincorporated woody debris that may rise above the ground line.
(c) A tree removal permit shall not be required from an owner of an existing single-family
residential dwelling. For the purposes of tree removal, a single-family residence shall be
considered existing one (1) year after issuance of the certificate of occupancy.
(d) Common areas and tracts within a single-family developments shall not be exempt from
permit requirement for removal of trees.
“Trees and Vegetation (Preservation and Mitigation)”, Section 30-40 “Tree survey required
before permit” of the Land Development Regulations of the City of Titusville is hereby amended
to read as follows:
Sec. 30-40. - Tree survey required before permit.

Page 11 of 80
(a) Before obtaining a clearing and grubbing permit, building permit, preliminary plat approval or
site plan approval, in addition to other requirements set out in these regulations all
applicants shall submit a survey provided by a registered land surveyor, landscape architect
or certified nursery professional detailing the following information shown below.:
(b) As a condition of granting a permit, the developer shall work with staff to adjust the
proposed layout to achieve greater preservation of healthy native trees. The developer shall
be required to consider, and where possible, implement the recommendations of staff
regarding the redesign of the site and utilize low impact development methods to preserve
such trees.
(c) Tree survey requirements
(1) The tree and vegetation survey requirements as described below supersede all other
provisions for tree surveys found in the City land development code and technical
manuals.
(2) For all sites the applicant shall provide the following:
(a) A survey of trees and a sampling of understory vegetation prepared by a Florida
Licensed surveyor that lists the tree species, dbh, and quantity of each tree
species with fourteen (14) inch dbh and larger. For areas to be preserved for
mitigation credit or areas preserved to meet minimum tree canopy requirements,
the tree survey shall also include all trees six (6) inch dbh and larger. Smaller size
trees may be shown in order to meet landscape planting requirements. A general
description of the understory species and coverage shall be provided.
(b) The survey shall also include a sampling of vegetation that is representative of the
species diversity and distribution throughout the interior of the site as follows: 100
feet by 100 feet sample areas at the rate of one (1) sample area per three (3)
acres. An inventory in each sample area shall list all trees six (6) inch dbh and
larger, and show their species, quantity, and dbh. The City reserves the right to
request additional sample areas based on site conditions.
(a) The location of trees six (6) inches or more in trunk diameter;
(b) Designation of trees proposed to be removed, retained or replaced due to
buildings, roads, sidewalks, manmade structures or improvements;
(c) Designation of such trees considered diseased or hazardous to buildings,
pavement, utilities or other proposed improvements; and
(d) Designation of trees which may be adversely affected by proposed grade changes.
(e) For subdivisions, and individual lots greater than five (5) acres, the developer shall
provide the following:
(1) An aerial photograph of the subject property which indicates where the streets and
utilities are planned and which trees are proposed to be removed.
(2) Written evaluation of the number of trees to be removed and any reasons for the
proposed layout. All trees twelve (12) inches dbh and greater, proposed to be removed
shall be flagged or painted in the field.
(3) The location of all mitigation size trees as located by a registered land surveyor,
landscape architect or certified nursery professional.
(4) The location of trees six (6) inches or greater in buffer areas or twenty (20) feet from
property lines.

Page 12 of 80
(5) An explanation of how trees are to be protected during site clearing activities.
(6) Whenever possible, shredding, chipping and/or off-site wood logging is desirable
alternative to burning. In electing this option, a twenty-five (25) percent credit will be
given towards required tree mitigation and/or contribution to the City's Public
Landscaping Trust Fund.
(7) The developer agrees to work with staff and adjust the proposed layout to preserve
more trees and specifically to preserve mitigation size trees.
Section 9: That Chapter 30 “Development Standards”, Article III “Improvements”, Division
10 “Landscaping”, Subdivision 2, Section 30-324 “Landscape” of the Land Development
Regulations of the City of Titusville is hereby amended to read as follows:
Sec. 30-324. - Landscape.
(a) Residential development:
(1) All single-family residential lots or developments, or lots more less than one (1) acre
shall preserve an area of approved low and moderate tolerant water usage mixed
vegetation (native trees and shrubs are preferred) canopy equal to at least ten
(10)fifteen (15) percent of the total lot or development area. In the event there is
insufficient canopy to meet the required minimum,no approved low and moderate
tolerant water usage mixed vegetation on a lot or development, the applicant shall be
required to plant additional trees to meet the total canopy area established in Section
30.31.5, Canopy requirementsestablish an area of approved low and moderate tolerant
water usage mixed vegetation equal to ten (10) percent of the lot or development.
Required landscaping may be credited as established in the Landscape Credits Table,
30-7 of this section.
(2) Residential lots less than one (1) acre shall be required to preserve an area of canopy
equal to at least ten (10) percent of the total lot.
(3) At a minimum, fifty (50) percent of newly installed vegetation must be shrubs.
(43) The front yard tree requirement may be waived by the Administrator if the residential
lot(s) preserves trees and underlying vegetation in the front yard setback area.
(b) Commercial development:
(1) Commercial developments shall meet the canopy requirements of Section 30.31.5,
Canopy requirements. Ten (10) percent of the required landscape area for a
commercial development shall utilize low and moderate tolerant water usage mixed
vegetation (native trees and shrubs are preferred). The City can supply the applicant
with a list of approved mixed low and moderate tolerant water usage vegetation upon
request (see Landscape Technical Manual).
(c) Industrial development:
(1) Industrial development shall meet the canopy requirements of Section 30.01.5, Canopy
requirements. Ten (10) percent of the required landscape area for an industrial
development shall utilize low and moderate tolerant water usage mixed vegetation
(native trees and shrubs are preferred). The City can supply the applicant with a list of
approved mixed low and moderate tolerant water usage vegetation upon request (see
Landscape Technical Manual).
(2) Industrial development may consolidate all required landscaping between the public
right-of-way and the building. For example, the required planting materials in a building

Page 13 of 80
perimeter landscape strip for the entire perimeter of the proposed structure may be
consolidated along the front edge of the building. As the minimum plant materials will
be consolidated along the front of the building, the remainder of the perimeter will not
require a building perimeter landscape strip. This consolidation can be applied to
required building perimeter landscape strips, and required landscape yards except as
noted below. This regulation shall not be construed to not require landscaping between
the building and any public right-of-way.
(3) Required landscape yards may only be consolidated between the building and public
right-of-way for property lines that abut other industrial development or zoning districts.
Industrial development that abuts non-industrial development or zoning districts shall
provide the required buffer along those property lines abutting non-industrial
development or zoning districts.
(4) Industrial development which is adjacent to two (2) public rights-of-way (ex: a corner
lot) may consolidate the required landscaping between the building and the two (2)
rights-of-way.
[(d)] [Reserved.]
(e) Downtown Mixed-Use (DMU) zoning district. The DMU landscape standards can be found
in Division 7 of this chapter.
(f) Required landscaping may be credited as established in the landscape credits table below.
Table 30-7: Landscape Credits
Plant Material Minimum size Equivalency
Minimum 4-inch Equals 200 square feet of approved mixed

Preserved tree
caliper vegetation
Minimum 2½—3-inch Equals 200 square feet of approved mixed

Newly installed tree
caliper vegetation
Existing or newly installed Minimum 18 inches in Equals nine (9) square feet of approved
shrub height mixed vegetation
Note— Irregular shaped lots — It is the intent that by following the above-outlined performance
standards, each newly planted tree (palms not included) will have an average two hundred
(200) square foot rooting area. If a conflict occurs between newly planted trees, trees preserved,
and the number of trees required because of lot size, the Administrator may make the
determination to ensure the required rooting area of two hundred (200) square feet for each
tree.
Section 10: That Chapter 30 “Development Standards”, Article II “Improvements”, Division
10 “Landscaping”, Subdivision 3 “Landscape Yard (Buffer/Screen), Section 30-334 “Reduction
in required landscape yards” of the Land Development Regulations of the City of Titusville is
hereby amended to read as follows:
Sec. 30-334. - Reduction in required landscape yards.

Page 14 of 80
(a) The administrator is authorized to grant reduction to the width of a required landscape buffer
in order to avoid the removal of a protected tree. The protected tree shall be designated for
preservation on the site plan and/or within a preservation area.
(b) Any landscape areas reduced in size shall be offset by an equal amount in another area of
the site.
10 “Landscaping”, Subdivision 3, Landscape Yard (Buffer/Screen), Section 30-338 “Natural
buffer yards” of the Land Development Regulations of the City of Titusville is hereby amended
to read as follows:
Sec. 30-338. - Natural buffer yards.
Existing vegetation natural buffer yards with native vegetation shall be preserved. In cases
where a significant change of grade would result in removal of vegetation, the Administrator
may grant a waiver to this provision. Natural buffer yards may count toward preserved canopy
requirements provided in Sec. 30-31.5, Canopy requirements. Existing vegetation may be used
to meet any of the buffer yard requirements if the criteria of the required landscape yard type
table are met. The applicant shall retain as much of the existing native vegetation towards the
buffer or landscape yard requirement.
Section 12. GRANDFATHER PROVISION. All lawful existing development shall be
entitled to complete development that has been previously authorized and the City recognizes
the right of any person to complete the following development in compliance with the former
regulations:
(a) Building permits approved as of the effective date of this ordinance, which remains valid
consistent with the Florida Building Code and requirements of this Code.
(b) Development that has received final plat approval, site plan approval, preliminary plat
approval which remains valid consistent with all Code requirements.
(c) Development that has on file with the City a completed application for a building permit, site
plan, preliminary plat or final plat, including acceptance of all required exhibits and payment
of all applicable fees and the application continues to remain active and processed
consistent with the requirements of the Code. No outside agency permits area are required
to comply with this grandfathering provision.
(d) Development that has received sketch plat approval shall not be required to comply with the
new regulations to the extent applicable to the sketch plat process, but shall comply with
the regulations set forth herein beyond sketch plat approval unless the development meets
guidelines for grandfathering under this ordinance.
(e) The City may recognize other applications for vested rights consistent with Chapter 34
Procedures, Division 3 Vested Rights Determination, of this Code.
Any person who has a right to complete said development and has secured a building
permit, final plat approval, final site plan approval or preliminary plat approval as provided above
shall lose its right to complete said development if said development does not maintain a current
building permit, or current site plan or development approval as provided for by the Code of
Ordinances of the City. Once a development has lost its current approval, then in that event,
future development shall comply with applicable regulations.
Section 13: SEVERABILITY. If any provisions of this Ordinance are for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be

Page 15 of 80
deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 14: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of
ordinances, and all resolutions and parts of resolutions, in conflict herewith are hereby repealed
to the extent of such conflict.
Section 15 EFFECTIVE DATE. This Ordinance shall be in full force and effect upon
adoption by the City Council in accordance with the Charter of the City of Titusville, Florida.
Section 16: INCORPORATION INTO CODE. This ordinance shall be incorporated into
the City of Titusville Code of Ordinances and any section or paragraph, number or letter, and
any heading may be changed or modified as necessary to effectuate the foregoing.
Grammatical, typographical, and like errors may be corrected and additions, alterations, and
omissions, not affecting the construction or meaning of this ordinance and the Code may be
made.
PASSED AND ADOPTED this _________ day of _________________ 2021.
____________________________
Daniel E. Diesel, Mayor
ATTEST:
__________________________
Wanda F. Wells, City Clerk

Page 16 of 80

LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR STANDARDS OF
TREE PROTECTION INCLUDING THE DESIGNATION OF PROTECTED
TREES, CREATION OF TOTAL CANOPY AND PRESERVED CANOPY
REQUIREMENTS, STANDARDS FOR REMOVAL OF HERITAGE TREES,
ESTABLISHMENT OF INCENTIVES TO PRESERVE TREES AND REDUCE
MITIGATION, AND AMENDING CRITICAL ROOT ZONE, TREE SURVEY AND
BUFFER YARD REQUIREMENTS, BY AMENDING CHAPTER 30
“DEVELOPMENT STANDARDS” SPECIFICALLY AMENDING SECTIONS 30-
31 “INTENT”, 30-32 “CRITERIA FOR REMOVAL”, 30-33 “RELOCATION OR
REPLACEMENT OF TREES” 30-34 “MITIGATION PLAN”, 30-35
“EXCEPTIONS”, 30-39 “TREE REMOVAL, PERMIT REQUIRED”, 30-40
“TREE SURVEY REQUIRED BEFORE PERMIT” 30-324 “LANDSCAPE”, 30-
334 “REDUCTION IN REQUIRED LANDSCAPE YARDS”, AND 30-338
“NATURAL BUFFER YARDS”, AND CREATING NEW SECTION 30-31.5
“CANOPY REQUIREMENTS”; PROVIDING FOR GRANDFATHER
PROVISION, SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES,
EFFECTIVE DATE AND INCORPORATION INTO THE CODE.
and
(ISA) defines critical root zone (CRZ) as an area equal to a one (1) foot radius from the base of
the tree’s trunk for each one (1) inch diameter at breast height (DBH); and
(Landscape and Urban Planning 190 (2019) 103630), and
Tree Ordinance - P&Z Recommendation

June 2021 Page 1 of 18
Page 17 of 80
WHEREAS, Florida’s Urban Forest: A Valuation of Benefits (University of Florida Institute of

Food and Agricultural Sciences (IFAS) Publication #ENH1331, November 3, 2020) estimates
that based upon 2019 leaf-on aerial imagery from National Agricultural Imagery Program.in
9012, the Palm Bay-Melbourne-Titusville area had a canopy cover of 37.3% +/- 2.1% (95%
confidence interval); and
recommendations regarding this ordinance; and
the Titusville Environmental Commission and made recommendations regarding this ordinance;
and
WHEREAS, the City Council has considered the recommendations of the Titusville
Environmental Commission, the Planning and Zoning Commission and interested members of
the public during their review of the ordinance, and
Titusville; and

Sec. 30-31. -– Intent, definitions and general standards.
(b) Definitions
(1) Area of Alteration - means the area of the site, parcel or lot where alteration and/or
disturbance will occur. If areas are excluded, non-altered areas will be credited if
authorized by these regulations towards the required landscaping and/or canopy, then
the area(s) is considered area of alteration for the purposes of landscaping and canopy
requirements calculation.
(2) Canopy, Existing – means the area consisting of a tree’s branches in all directions from
its trunk at the time of a tree survey/location plan, the out edge of which is also referred
to as the existing dripline.
(3) Canopy, Mature – means the mature area consisting of a tree’s branches in all
directions from its trunk as defined in Appendix A, the outer edge of which is also
referred to as the mature dripline.
(4) Dripline, Planted – means the area consisting of a tree’s branches in all directions from
its trunk at seventy-five (75) percent of the mature canopy as defined in Appendix A for
each species planted, the outer edge of which is referred to as the planted dripline.
Tree Ordinance - P&Z Recommendation

June 2021 Page 2 of 18
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(5) Canopy, Preserved – Existing canopy that will be preserved on a site.
(6) Canopy, Total – means the total of preserved canopy and the planted canopy at
seventy-five (75) percent maturity, as defined in Appendix A.
(7) Native vegetation – means those plant species indigenous of Florida as determined by
the best available scientific and historic documentation and suitable for planting in
Brevard County. The Atlas of Florida Vascular Plants maintained by the Institute for
Systemic Botany, University of South Florida and/or the latest edition of Appendix A of
the Brevard County land development regulations shall be used as references.
(8) Replacement Tree – A tree that is planted to take the place of a tree that has been
removed. Replacement tree shall meet the minimum requirements of the landscape
planting specifications in Table 30-5. Replacement trees shall have a healthy root
system and a minimum grade of Florida #1.
(9) Tree Professional – Recognized knowledgeable individual, knowledgeable in the

identification and evaluation of vegetation resources, such as forester, biologist,
ecologist, horticulturist, Florida registered landscape architect, licensed landscape
contractor, certified International Society Arboriculture arborist, certified nurseryman,
Florida Nursery, Growers and Landscape Association Certified Landscape Designer or
a person having acceptable experience. Acceptable experience shall include a
minimum of a four-year degree in horticulture, ecology, forestry, botany, landscape
architecture or a minimum of four (4) years of fulltime experience in identification and
evaluation of vegetative resources.
(10) Tree Protection Area – an area identified on the site plan and/or plat that is specifically
set aside for the purpose of preserving and planting trees.
(11) Tree Survey/Location Plan – a tree location plan or survey showing the size,,
species, dbh and location of existing trees. Only a registered surveyor may locate trees
with a measured location as shown on a signed and sealed survey. Any other tree
location plan must be duly noted as a location plan (not a survey) with the credentials of
the Tree Professional that conducted the location plan. The information on the location
plan must include: name of the person(s), company, address, phone number and email
address of the professional that conducted the location plan..
Tree Ordinance – Final P&Z Recommendation

July 7, 2021 Page 3 of 18
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(c) General standards. The general standards below provide mandatory requirements for key
(d) Protected trees are designated as follows:
Tree Designation Species Size – Diameter at Breast
Height
Significant Native or IFAS-designated Greater than fourteen (14)

Florida-friendly inches and less than twenty
(20) inches
Specimen Native or IFAS-designated Equal to or greater than
Florida-friendly twenty (20 inches and less
than thirty-three (33) inches
Heritage Native or IFAS-designated Equal to or greater than thirty-
Florida-friendly three (33) inches
(e) Critical root zone (CRZ) is calculated as follows for the CRZ of specimen and heritage trees.
(3) The calculation gives the radius of the CRZ centered on the tree. For example, a twenty-
five-inch diameter tree would have a twenty-five-foot radius CRZ.
(4) The Administrator reserves the right to determine a different CRZ for individual trees
based upon site specific conditions to ensure viability of the tree within site specific
development constraints.
(f) Internal critical root zone (ICRZ) means the inner circle that is half of the CRZ area. If this
area is impacted, it would cause significant impact to the tree and would be potentially life
threatening. [ Source: Urban Forestry Services, Inc.]
(g) For significant trees, the root protection zone shall be determined by the drip line of the
tree.
(h) For palm trees, the root protection zone area shall be 25 square feet and have a radius no
less than two feet.
(i) Except for tracts designated for tree preservation, limited development in the CRZ is allowed
as follows.
(1) No impervious surfaces or grade changes are allowed in the ICRZ.
(2) Impervious surfaces are allowed inside of the CRZ and outside of the ICRZ as long as
no more than twenty-five percent (25%) of the CRZ is paved. Grade changes within the
paved area shall not exceed a difference of three (3) inches between the pre-
development grade and the post-development grade. No impervious surfaces shall be
permitted within the existing dripline.

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(3) If any development or a grade change occurs in the CRZ with the exception of the
twenty-five percent (25%) threshold, then the tree shall be considered as being fully
impacted and mitigation/replacement as required by code shall be applied; no mitigation
credit shall be allowed. However, in the event that Developer is able to provide
additional tree survival mitigation measures to the city, then the tree may be considered
as preserved.
(4) The CRZ of a preserved tree may include existing impervious area(s) not adversely
affecting the viability of the tree.

“Trees and Vegetation (Preservation and Mitigation)”, of the Land Development Regulations of
the City of Titusville is hereby amended by adding a section, to be numbered Section 30-31.5
“Canopy Requirements”, which said section reads as follows:
Sec. 30-31.5. – Canopy requirements.
(a) Canopy requirements compliance.
(1) All subdivisions and site plans, except those exempted in (a) (3) below, shall provide
an area of tree canopy area within the Area of Alteration through the creation and
maintenance of Tree Protection Areas. Compliance with canopy requirements shall
be demonstrated and measured through Tree Protection Areas. Minimum canopy
requirements may be met through a combination of preserved and planted trees as
provided below.
(2) If the applicant is not able to provide the full minimum Tree Protection Area
Consisting of Preserved Trees due to either a shortage of existing tree canopy or
distribution of the existing tree canopy, the applicant shall provide as much
preserved canopy as feasible and meet the Total Tree Protection Area requirement
through the use of planted trees.
Development Type Total Tree Protection Area as Tree Protection Area

a Percentage of Area of Consisting of Preserved
Alteration Trees as Percentage of Area
of Alteration (Minimum)
Residential 30% 25%
Commercial1 25% 15%
Industrial1 15% 10%
1
In order to encourage redevelopment of existing developed properties that may not have any
canopy or very little canopy on commercial or industrial sites, the total canopy set forth may be
reduced by fifty (50) percent or half of the Total Tree Protection Area requirement.

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(3) The following categories of site plans are not required to satisfy the canopy
requirements, but may voluntarily satisfy the canopy requirements to benefit from
Section 30-34 (i), Incentives.
a. Single-family residential lots greater than one (1) acre in size that are not
developed as part of a subdivision. For those lots, the single-family
residential building permit plan shall identify the Tree Protection Area.
b. Commercial development on parcels one and one-half (1.5) acres or less in
size that are legally established as of [date of ordinance].
c. Industrial development on parcels three (3) acres or less in size that are
legally established as of [date of ordinance].
d. All development in the Downtown Mixed-Use zoning district.
(b) An aerial photograph not more than one (1) year old may be utilized to determine the tree
canopy area.
(c) Undisturbed vegetated scrub habitat consisting of, but not limited to, chapman oak, scrub
oak and sand live oak, in excess of an average of thirty-six (36) inches in height shall be
considered as part of the tree canopy area.
(d) Category I invasive plant species as listed by the Florida Exotic Pest Plant Council shall not
be counted toward canopy requirements.
(e) A minimum of sixty (60) percent of the tree protection area acreage is required to be
located in the interior of the property. The Development Review Committee (DRC) may
approve a waiver to reduce this requirement to forty (40) percent. The Board of
Adjustments and Appeals is authorized to grant variances to canopy placement
percentages pursuant to established variance procedure criteria.
(f) Tree Protection Area Requirements

(1) Preserved canopy should be placed in protected tract(s) or easement(s) when possible.
(2) Loss of canopy within tree protection areas to a level below the required preserved
canopy requirements shall require replacement. Tree loss due to acts of God are exempt
from this requirement.
(3) The applicant may install planted canopy within a tree protection area. Planted canopy
must not be placed within the CRZ of preserved canopy.
(4) Within tree protection areas containing preserved canopy, the existing soil shall be
preserved to the greatest extent possible and must follow the CRZ and ICRZ requirements
in Section 30-31 (c)(2). The native understory associated with the existing trees shall be
preserved to the greatest extent possible.

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(g) Tree Protection Area Allowances

(1) Tree protection areas may include portions of Low Impact Development (LID)
stormwater management features incorporating existing and/or planted trees and native
vegetation.
(2) Tree protection areas may include areas of planted trees in stormwater retention or
detention areas and other nutrient removal mechanisms.
(3) Tree protection areas may be located in code required buffers, wetlands and wetland
buffers, and any preservation areas or buffers required by zoning, master plan or planned
development approval. Only up to fifty (50) percent of the tree protection areas and forested
wetlands may be counted toward the required tree protection area.
(4) Up to fifty (50) percent of protection areas containing preserved trees may be forested
wetlands provided the wetlands are free of invasive species such as Brazilian pepper.
(5) Tree protection areas may contain passive recreation areas, boardwalks, trails, decks
and paths as long as they areas are pervious and will not cause damage to the CRZ or
ICRZ as required in Section 30-31, Intent, definitions and general standards.
(h) Tree Protection Area Legal Protection
(1) Subdivisions shall show all proposed tree protection areas in tree tracts or easements
on a plat recorded in the Official Records of Brevard County, Florida.
(2) Subdivisions with single trees or small clusters of preserved canopy that cannot be
placed in a tree protection area tract or easement because of design impacts shall be noted
on the site plan meeting the requirements of Section 30-31.5, Canopy requirements, and be
protected in the language of the homeowner’s declaration documents.
(3) Non-subdivision site plans shall contain language and graphical representation of all
preserved canopy areas. Shall be permanently protected with sufficient protective
language, as noted on the approved site plan, which shall be noted as a condition of
approval, in property records maintained by the City of Titusville.

“Trees and Vegetation (Preservation and Mitigation)”, Section 30-32 “Criteria for removal” of the
(a) The following criteria shall be considered to be justification for removal of trees, except
heritage trees which shall require review and approval of the Titusville Environmental
Commission serving as the City’s Tree Board and the Board of Adjustments and Appeals,
consistent with provisions of paragraph (e), below.

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(1) Trees located in a portion of a lot or parcel in which a building, driveway, sidewalk,
retention area or accessory structure will be constructed where redesign to avoid tree
removal is not feasible possible. The developer shall employ alternative construction
techniques, including the use low-impact development (LID) techniques, such as
pervious pavement, grade beams, retaining walls, and/or tree wells, to save specimen
and heritage trees where preservation is possible.
(2b) Trees located with their critical root zone/dripline area (depending on tree size and
species) in such close proximity to buildings, driveways, sidewalks, or accessory
structures that they prevent the property development of the lot or parcel.
(3) Trees that are determined to be a danger to an existing structure or for which the
thresholds for limited development within the critical root zone (as defined in Section
30-31) are exceeded.
(4) Trees, which are dead, diseased or weakened by age, storms, fire or other injuries,
which pose a threat to the welfare of the general public as determined by an arborist,
landscape architect or certified nursery professional. The permit fee will be waived in
these cases.
(5) Tree removal activities authorized and preempted by state or federal law, which
include, but are not limited to:
1. Removal of trees on trees on residential property which pose danger to persons or
property in accordance with Section 163.045, F.S., for which no replacement tree will be
required.
2. Removal of trees by an electric utility to clear trees away from power lines in order to
ensure the safe transmission of electricity to customers, as provided by Florida Statutes
and Electric Tariff Rules, including the preemption under Section 163.3209.
(b) Sufficient evidence in the form a written statement must be provided to the Administrator to
substantiate justify the need for any tree removal.
CRZ:
(d) Trees, which are dead, diseased or weakened by age, storms, fire or other injuries, which
cases.
(ec) If after consideration of the above criteria, tree removal cannot be avoided, the
Administrator is authorized to grant reduction to the setback regulations applicable, for all
non-single-family residential uses, up to twenty-five (25) percent of the required setback in
order to avoid the removal of the protected tree. However, no setback shall be reduced to
less than the required fire separation for the proposed structures of the proposed.

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(d) Shredding, chipping and/or off-site wood logging is desirable. On-site burning of removed
vegetation is prohibited.
(e) Heritage trees may only be removed if approved by the Board of Adjustment and
Appeals, utilizing the following in their consideration of the request to remove such trees:
as approved by the Administrator would be sufficient to preserve the heritage tree(s);
techniques such as pervious pavement, grade beams, retaining walls, and/or tree wells, can
be utilized to preserve the tree;
Environmental Commission may file a written appeal within thirty (30) days after the decision
in dispute, accompanied by the appropriate fee. Appeals shall be filed with the City and
shall state fully the grounds for the appeal and all facts relied upon by the petitioner. The
City Manager shall schedule the appeal for the consideration of the City Council within sixty
(60) days of receipt of the appeal.
(f) Specimen trees may only be removed if approved by the Administrator, after a site visit
and report by the city arborist. The Administrator shall consider the following factors in deciding
whether to grant or deny the application to remove a specimen tree.
including the critical root zone;
(2) Whether the project can be reasonably reconfigured to preserve the specimen tree(s).
Reasonably reconfigured includes altering the proposed placement, orientation, or
height of any building or structure; and relocating roads, ponds or vehicle
accommodation areas.
(3) Whether a reduction of required setbacks of the project or vehicle accommodation areas
including required parking areas, as approved by council, would be sufficient to preserve
the specimen tree(s);
(4) Whether alternative construction methods can be utilized to preserve the tree;
(5) The cost of utilizing any alternative construction methods and the reduction in use and
value of the proposed project necessary to save the tree

Page 25 of 80
landscape architect.
(7) The tree is deemed to be hazardous to persons or property as determined by an
evaluation of a certified arborist or Florida licensed landscape architect.
(8) The tree will interfere with utilities that cannot feasibly be relocated.
(9) If the tree is denying all reasonable use of the parcel.
(10) Other site-specific conditions, as determined by the administrator.
(11) Whether the placement or quantity of fill can be adjusted to save the specimen
tree. Strategies for adjusting fill include, but are not limited to, the use of low impact
development design features and the use of tree wells around the tree.

“Trees and Vegetation (Preservation and Mitigation)”, Section 30-33 “Relocation or replacement
of trees” of the Land Development Regulations of the City of Titusville is hereby amended to
read as follows:
declaration of covenants recorded in the official records of the City of TitusvilleBrevard
County, Florida, or with sufficient protective language, as noted on the approved landscape
(d) No new overstory tree shall be planted within the drip line of an existing tree being
preserved.
(e) The City may not require a property owner to replant a tree that was pruned, trimmed, or
removed in accordance with Section 163.045, F.S., as may be amended.
(f) Replanting and/or mitigation of trees removed by an electric utility to clear trees away from
power lines, as provided by Florida Statutes and Electric Tariff Rules shall be consistent
with the provisions of Section 163.3209, F.S., as may be amended.
(g ) The minimum total planting area in Tree Preservation Areas and Planted Tree Canopy
Areas is based on the size of trees. Furthermore, in order to receive mitigation credit, the
minimum tree planting spacing requirements shall be met.

July 7, 2021 Page 10 of 18
Page 26 of 80
(1) For small trees, average maximum height of ten (10) feet but less than twenty-five (25)
feet, the total planting area is a minimum of one-hundred (100) square feet and a
minimum of ten (10) feet apart.
(2) For medium trees, average maximum height of twenty-five (25) feet but less than forty
(40) feet, the total planting area is a minimum of two hundred twenty-five (225) square
feet and a minimum of fifteen (15) feet apart.
(3) For large trees, average maximum height exceeding forty (40) feet, the total planting
area is a minimum of four hundred (400) square feet and twenty (20) feet apart.
(4) Trees may be positioned within the planting areas to achieve tree clusters.

Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-34 “Mitigation Plan”
of the Land Development Regulations of the City of Titusville is hereby amended to read as
follows:
Sec. 30-34. -– Mitigation Plan and Incentives to Preserve Trees and Reduce Mitigation.
all major trees (measuring twenty (20) inches dbh or more) which providing for replacement
of protected trees are designated for removal. Said plan shall provide for a two-to-one
replacement based on tree caliper (i.e. if a twenty-two-inch dbh tree is being removed a
total of forty-four (44) inches dbh shall to be replanted on the site). as provided below.
dbh
(3) Heritage tree – two-hundred percent (200%) mitigation replacement based on trunk dbh,
replacement/mitigation tree plantings shall be in addition to any landscape planting required
by the City Code.
(c) The mitigation plan shall include designation of any proposed relocation area(s).
(d) Mitigation plantings are permitted within preserved and planted canopy areas. Caliper
inches planted above the minimum size for canopy areas and required landscape areas
may be credited toward mitigation planting requirements.
(d) The mitigation plan shall include a list of all protected trees proposed for removal and a list
of all protected trees to be preserved.
(e) Alternatively, the applicant may in lieu of replanting, as set forth in Section 30-35 (a)
preserve native vegetation on the site consisting of at least one hundred (100) square feet
per tree caliper inch lost mitigation inch required. The preservation of native vegetation shall
be in addition to any preservation areas or landscaping required by the Titusville LDRs, with
the exception of preserved wetlands and natural buffer areas which may be counted as part
of preserved area credited toward mitigation. This mitigation credit shall not be given for
preserved or planted tree canopy areas. Native vegetation preservation credit may be
allowed in preserved forested wetlands up to 100% of the total required mitigation inches.

July 7, 2021 Page 11 of 18
Page 27 of 80
The mitigation plan shall include designation of proposed areas to be preserved and
specifications of the kind of existing vegetation in such areas.
City's Public Landscaping Trust Fund an amount equal to the following one hundred dollars
($100.00) per net caliper-inch lost mitigation dbh inch:
(1) Significant trees - $50.00
(2) Specimen trees - $100.00
(3) Heritage trees - $200.00
. This provision can be reduced to seventy-five dollars ($75.00) per a net caliper-inch lost when
the trees are logged, in lieu of burning.
Fund.
(i) Incentives to preserve trees and reduce mitigation are shown below.
(1) Incentive 1. Developments satisfying all requirements for minimum preserved canopy
and total canopy are exempt from further mitigation for significant trees that are
not required outside of the total canopy area.
(2) Incentive 2. If site plan or subdivision plan provides for a total canopy area increase of
5% of the site in accordance with the table below, then no further tree mitigation or
payment in lieu of mitigation is required, with the exception of Heritage Trees which still
require mitigation
Total Canopy
Residential 35% or greater
Commercial 30% or greater

July 7, 2021 Page 12 of 18
Page 28 of 80

Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-35 “Exceptions” of
follows:
(a) Emergency conditions. The City Manager or his designated representative may waive all or
part of these requirements in the event of natural disaster such as hurricanes, tornados,
(c) Persons donating trees to a public body for transplanting on public property shall be exempt
from the payment of fees for obtaining the required permit when said trees are accepted by
the public body.
(d) Nuisance trees shall be removed; and a permit is not required. A list of nuisance trees can
Manualshall be those identified by the Florida Exotic Pest Plant Council.

“Trees and Vegetation (Preservation and Mitigation)”, Section 30-39 “Tree removal, permit
required” of the Land Development Regulations of the City of Titusville is hereby amended to
read as follows:
(b) Diameter breast height (DBHdbh) is the a measurement of the tree's diameter made by a
tree professionals or Registered Land Surveyor, taken at breast or chest height. This
diameter is measured over the outside bark using a diameter tape at the point "breast
height." Breast height is specifically defined as a point around the trunk at four and one-half
(4.5) feet (1.37 meters in metric using countries) above the forest floor on the uphill side of
the tree. For the purposes of determining breast height, the forest floor includes the duff
layer that may be present, but does not include unincorporated woody debris that may rise
above the ground line.

July 7, 2021 Page 13 of 18
Page 29 of 80

“Trees and Vegetation (Preservation and Mitigation)”, Section 30-40 “Tree survey required
before permit” of the Land Development Regulations of the City of Titusville is hereby amended
to read as follows:
(a) Before obtaining a clearing and grubbing permit, building permit, sketch plat, preliminary
plat approval or site plan approval, in addition to other requirements set out in these
regulations all applicants shall submit a survey provided by a registered land surveyor,
landscape architect or certified nursery professional detailing the following information
shown below.:
(b) As a condition of granting a permit, the developer shall work with staff to adjust the
proposed layout to achieve greater preservation of healthy native trees. The developer shall
be required to consider, and where possible, implement the recommendations of staff
regarding the redesign of the site and utilize low impact development methods to preserve
such trees.
manuals.
(2) For all sites the applicant shall provide the following:
(a) A survey of trees and a sampling of understory vegetation prepared by a Florida
Licensed surveyor that lists the tree species, dbh, and quantity of each tree
species with fourteen (14) inch dbh and larger. For areas to be preserved for
mitigation credit or areas preserved to meet minimum tree canopy requirements,
the tree survey shall also include all trees six (6) inch dbh and larger. Smaller size
trees may be shown in order to meet landscape planting requirements. A general
(b) The survey shall also include a sampling of vegetation that is representative of the
species diversity and distribution throughout the interior of the site as follows: 100
feet by 100 feet sample areas at the rate of one (1) sample area per three (3)
acres. An inventory in each sample area shall list all trees six (6) inch dbh and
larger, and show their species, quantity, and dbh. The City reserves the right to
request additional sample areas based on site conditions.
(a) The location of trees six (6) inches or more in trunk diameter;
(b) Designation of trees proposed to be removed, retained or replaced due to
buildings, roads, sidewalks, manmade structures or improvements;
(c) Designation of such trees considered diseased or hazardous to buildings,
pavement, utilities or other proposed improvements; and

July 7, 2021 Page 14 of 18
Page 30 of 80
property lines.
Section 9: That Chapter 30 “Development Standards”, Article III “Improvements”, Division

10 “Landscaping”, Subdivision 2, Section 30-324 “Landscape” of the Land Development
(1) All single-family residential lots or developments lessshall preserve an area of
approved low and moderate tolerant water usage mixed vegetation (native trees and
shrubs are preferred) equal to at least ten (10) percent of the total lot or development
area. In the event there is no approved low and moderate tolerant water usage mixed
vegetation on a lot or development, the applicant shall be required to establish an area
of approved low and moderate tolerant water usage mixed vegetation equal to ten (10)
percent of the lot or development. Required landscaping may be credited as
established in the Landscape Credits Table, 30-7 of this section.
(b) Commercial development:
(1) Ten (10) percent of the required landscape area for a commercial development shall
utilize low and moderate tolerant water usage mixed vegetation (native trees and
shrubs are preferred). The City can supply the applicant with a list of approved mixed
low and moderate tolerant water usage vegetation upon request (see Landscape
Technical Manual).
(1) Ten (10) percent of the required landscape area for an industrial development shall
Technical Manual).

July 7, 2021 Page 15 of 18
Page 31 of 80
rights-of-way.
[(d)] [Reserved.]

Preserved tree
caliper vegetation

caliper vegetation
tree.

10 “Landscaping”, Subdivision 3 “Landscape Yard (Buffer/Screen), Section 30-334 “Reduction
in required landscape yards” of the Land Development Regulations of the City of Titusville is
hereby amended to read as follows:

July 7, 2021 Page 16 of 18
Page 32 of 80
Sec. 30-334. - Reduction in required landscape yards.

(a) The administrator is authorized to grant reduction to the width of a required landscape buffer
in order to avoid the removal of a protected tree. The protected tree shall be designated for
preservation on the site plan and/or within a preservation area.
(b) Any landscape areas reduced in size shall be offset by an equal amount in another area of
the site.

10 “Landscaping”, Subdivision 3, Landscape Yard (Buffer/Screen), Section 30-338 “Natural
buffer yards” of the Land Development Regulations of the City of Titusville is hereby amended
to read as follows:
Sec. 30-338. - Natural buffer yards.
Existing vegetation natural buffer yards with native vegetation shall be preserved. In cases
where a significant change of grade would result in removal of vegetation, the Administrator
may grant a waiver to this provision. Natural buffer yards may count toward preserved canopy
requirements provided in Sec. 30-31.5, Canopy requirements. Existing vegetation may be used
to meet any of the buffer yard requirements if the criteria of the required landscape yard type
table are met. The applicant shall retain as much of the existing native vegetation towards the
buffer or landscape yard requirement.
Section 12. GRANDFATHER PROVISION. All lawful existing development shall be

regulations:
plan, preliminary plat or final plat, including acceptance of all required exhibits and payment
of all applicable fees and the application continues to remain active and processed
consistent with the requirements of the Code. No outside agency permits area are required
to comply with this grandfathering provision.
(e)(d) The City may recognize other applications for vested rights consistent with Chapter 34

July 7, 2021 Page 17 of 18
Page 33 of 80
Section 13: SEVERABILITY. If any provisions of this Ordinance are for any reason
Section 14: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of

Section 15 EFFECTIVE DATE. This Ordinance shall be in full force and effect upon
Section 16: INCORPORATION INTO CODE. This ordinance shall be incorporated into
made.
____________________________
ATTEST:
__________________________

July 7, 2021 Page 18 of 18
Page 34 of 80
Appendix A
Non-Native Invasive Plant = Prohibited
For more information, please visit http://plants.ifas.ufl.edu/assessment/conclusions.html
Date Modified: March 2009
Scientific Name Common Name

Abrus precatorius Rosary pea
Alternanthera philoxeroides Alligatorweed
Alternanthera sessilis Sessile joyweed
Ardisia elliptica (=Ardisia humilis) Shoebutton ardisia
Casuarina cunninghamiana River sheoak
Casuarina equisetifolia Australian-pine, Horsetail casuarina
Casuarina glauca Gray sheoak, Suckering Australian pine
Asian nakedwood, Asiatic colubrina,
Colubrina asiatica Latherleaf
Commelina benghalensis Benghal dayflower, Tropical spiderwort
Cupaniopsis anacardiodes Carrotwood
Dioscorea alata Winged yam
Dioscorea bulbifera Air-potato
Eichhornia crassipes Water-hyacinth
Hydrilla verticillata Hydrilla
Hygrophila polysperma Green hygro
Imperata cylindrica Cogongrass
Ipomoea aquatica Waterspinach
Bush morning-glory, Gloria de la
Ipomoea carnea subsp. fistulosa (=I. fistulosa) manana, Shrub morning-glory
Leucaena leucocephala Lead tree
Limnophila sessiliflora Asian marshweed
Lygodium japonicum Japanese climbing fern
Lygodium microphyllum Old World climbing fern
Melaleuca quinquenervia Melaleuca, Paper bark
Mimosa pigra Catclaw mimosa
Myriophyllum spicatum Eurasian water-milfoil
Neyraudia reynaudiana Burma reed, Cane grass
Ottelia alismoides Ducklettuce
Paederia cruddasiana Onion vine, Sewer vine
Paederia foetida Skunk vine
Missiongrass, Thin napiergrass, West
Pennisetum polystachion (=Pennisetum polystachyon) Indian pennisetum
Pistia stratiotes Waterlettuce
Pueraria montana var. lobata (=P. lobata) Kudzu
Rhodomyrtus tomentosa Downy rose-myrtle
Rottboellia cochinchinensis Itchgrass
Aquarium watermoss, Giant salvinia,
Salvinia molesta Kariba weed
Sapium sebiferum Chinese tallow tree, Popcorn tree
Scaevola taccada var. sericea (=Scaevola taccada) Beach naupaka, Half-flower, Scaevola
Schinus terebinthifolius Brazilian pepper, Florida Holly
Solanum tampicense (=S. houstonii) Aquatic soda apple, Wetland night shade
Solanum torvum Susumber, Turkey berry
Solanum viarum Tropical soda apple
Tridax procumbens Brittleweed, Coatbuttons
Undesirable Plant =
Invasive - Not Recommended & Caution Species
Acacia auriculiformis Earleaf acacia
Adenanthera pavonina Red sandalwood
Agave sisalana Sisal hemp
Page 1 of 4
Page 35 of 80

Albizia lebbeck Rattlepod, Woman's tongue
Brownbud allamanda, Golden trumpet,
Allamanda cathartica Yellow allamanda
Coral vine, Queen's jewels, Queen's
Antigonon leptopus wreath
Ardisia crenata (=Ardisia crenulata) Coral ardisia
Asclepias curassavica Bloodflower, Butterfly-weed, Milkweed
Asparagus fern, Sprenger's asparagus
Asparagus densiflorus (=Asparagus sprengeri) fern
Asparagus setaceus Common asparagus-fern
Asystasia gangetica Chinese violet, Ganges primrose
Bahinia purpurea Butterfly tree, Purple orchid tree
Bauhinia variegata Mountain ebony, Orchid tree
Begonia cucullata Club begonia, Wax begonia
Bischofia javanica Javanese bishopwood
Blechum pyramidatum Browne's blechum, Green shrimpplant
Broussonetia papyrifera Paper mulberry
Brugmansia candida Angel's trumpet, Thorn apple
Black olive, Gregorywood, Oxhorn
Bucida buceras bucida
Callisia fragrans Basketplant, Inch plant
Calophyllum antillanum (=Calophyllum brasiliense var. Antilles calophyllum, Brazilian
antillanum; Calophyllum brasiliense misapplied) beautyleaf, Galba, Santa Maria
Canavalia brasiliensis Brazilian jackbean
Caryota mitis Burmese fishtail palm
Madagascar periwinkle, Periwinkle,
Catharanthus roseus Vinca
Cestrum diurnum Day jessamine, Dayflowering jessamine

Cinnamomum camphora Camphor-tree
Citrus × aurantium Sour orange
Citrus × paradisi Grapefruit
Clerodendrum chinense Stickbush
Clerodendrum speciosissimum Javanese glorybower
Cocos nucifera Coconut palm
Colocasia esculenta Wild taro
Pampas grass, Silver pampas grass,
Cortaderia selloana Uruguay pampas grass
Crotalaria pallida var. obovata Smooth rattlebox
Crotalaria spectabilis Showy crotalaria, Showy rattlebox
Cynodon dactylon Bermudagrass
Cyperus involucratus Umbrella plant
Crow's-foot grass, Durban
Dactyloctenium aegyptium crowfootgrass, Egyptian grass
Dalbergia sissoo Indian rosewood, Sissoo
Delonix regia Flamboyant, Royal poinciana
Dioscorea sansibarensis Stiff-tipped air-potato, Zanzibar yam
Areca palm, Yellow butterfly palm,
Dypsis lutescens (=Chrysalidocarpus lutescens) Yellow palm
Elaeagnus pungens Silverthorn, Thorny elaeagnus, Thorny olive
Eleusine indica Indian goosegrass
Emilia fosbergii Florida tasselflower
Epipremnum pinnatum cv. Aureum Centipede tongavine, Golden pothos, Pothos
Eragrostis atrovirens Thalia lovegrass
Eriobotrya japonica Loquat
Grand eucalyptus*, Rose gum
Eucalyptus grandis* eucalyptus*, Tooler eucalyptus*
Eugenia uniflora Surinam cherry
Ficus altissima Council tree, False banyan
Chinese banyan, Cuban-laurel, Indian
Ficus microcarpa laurel, Laurel fig
Flacourtia indica Governor's plum
Page 2 of 4
Page 36 of 80

Furcraea foetida Mauritius hemp
Annual sunflower, Common sunflower,
Helianthus annuus Sunflower
Hylocereus undatus (=Cereus undatus) Nightblooming cactus
Hymenachne amplexicaulis West Indian marsh grass
Indigofera hirsuta Hairy indigo, Roughhairy indigo
Indigofera spicata Creeping indigo, Trailing indigo
Ipomoea quamoclit Cypressvine
Jasminum dichotomum Gold Coast jasmine
Brazilian jasmine, Corky-stemmed
Jasminum fluminense jasmine
Jatropha curcas Barbados nut, Nutmeg plant, Physic nut

Kalanchoe delagoensis (=Kalanchoe tubiflora) Chandelier plant
Kalanchoe pinnata Life plant, Cathedral bells
Koelreuteria elegans subsp. formosana (=Koelreuteria
formosana) Flamegold tree, Golden raintree
Lantana camara Lantana, Shrub verbena
Leonotis nepetifolia Christmas candlestick, Lion's ear
Leucaena leucocephala Lead tree
Ligustrum lucidum Glossy privet
Ligustrum sinense Chinese privet, Hedge privet
Lindernia crustacea Malaysian false pimpernel
Livistona chinensis Chinese fan palm
Lonicera japonica Japanese honeysuckle
Horseflesh mahogany, Sabicu, Wild
Lysiloma sabicu tamarind
Macfadyena unguis-cati Cat's-claw vine
Macroptilium lathyroides Wild-bean, Wild bushbean
Mangifera indica Mango
Manilkara zapota Sapodilla
Melia azedarach Chinaberrytree
Melinis minutiflora Molassesgrass
Melinis repens (=Rhynchelytrum repens) Natalgrass, Rose natalgrass
Merremia dissecta Baby woodrose, Noyau vine
Spanish arborvine, Wood rose, Yellow
Merremia tuberosa morning-glory
Mimosa pudica Sensitive plant, Shame plant
Momordica charantia Balsampear, Wild balsam-apple
Mucuna pruriens Cowitch, Velvetbean
Parrot feather watermilfoil, Parrot's
Myriophyllum aquaticum (=Myriophyllum brasiliense) feather
Nandina domestica Heavenly bamboo, Nandina
Narrow sword fern, Sword fern,
Nephrolepis cordifolia Tuberous sword fern
Nephrolepis multiflora Asian sword fern
Nymphoides cristata Crested floatingheart, White snowflake
Ochrosia elliptica (=Ochrosia parviflora) Elliptic yellowwood, Ochrosia
Oeceoclades maculata African ground orchid, Monk orchid
Panicum maximum Guineagrass
Panicum repens Torpedograss
Jerusalem thorn, Mexican palo verde,
Parkinsonia aculeata Retama
Paspalum notatum Bahiagrass
Passiflora edulis Passionfruit, Purple granadilla
Fetid passionflower, Scarletfruit
Passiflora foetida passionflower
Pennisetum purpureum Elephantgrass, Napiergrass
Phoenix reclinata Senegal date palm
Phyllanthus urinaria Chamber bitter
Phymatosorus scolopendria (=Phymatosorus grossus) Serpent fern, Wart fern
Pithecellobium dulce Manila-tamarind, Monkeypod
Page 3 of 4
Page 37 of 80

Platycerium bifurcatum Common staghorn fern, Staghorn fern
Karum tree, Pongam, Pongame oiltree,
Pongamia pinnata Poonga-oil tree
Psidium cattleianum (=P. littorale) Strawberry guava, Guava
Pteris vittata Chinese brake fern
Ptychosperma elegans Solitary palm
Richardia grandiflora Largeflower Mexican clover
Ricinus communis Castorbean
Rotala rotundifolia Dwarf rotala, Roundleaf toothcup
Britton's wild petunia, Mexican bluebell,
Ruellia tweediana (=Ruellia brittoniana, R. caerulea) Mexican petunia
Rumex pulcher Fiddle dock
Sansevieria hyacinthoides Bowstring hemp
Australian umbrella tree, Octopus tree,
Schefflera actinophylla Queensland umbrella tree
Scleria lacustris Lakeshore nutrush, Wright's nutrush
Selenicereus pteranthus (=Cereus pteranthus) Princess-of-the-night, Snake cactus
Candlestick plant, Emperor's
Senna alata candlesticks
Senna occidentalis (=Cassia occidentalis) Septicweed, Coffee senna
Senna pendula var. glabrata Christmas cassia, Christmas senna, Climbing cassia
Sesbania punicea False-rattlebox, Rattlebox
Amatillo, Twinleaf nightshade, Twoleaf
Solanum diphyllum nightshade
Sorghum halepense (=Sorghum miliaceum) Johnsongrass
Spathodea campanulata African tuliptree
Sphagneticola trilobata (=Wedelia triloba) Wedelia
Sporobolus indicus Smutgrass
Nettle-leaf porterweed, Nettleleaf
Stachytarpheta urticifolia (=Stachytarpheta cayennensis) velvetberry
Stellaria media Common chickweed
Syagrus romanzoffiana Queen palm
Syngonium podophyllum Arrowhead vine
Syzygium cumini Jambolan, Java plum
Syzygium jambos Malabar plum, Rose-apple
Talipariti tiliaceum (=Hibiscus tiliaceus) Mahoe, Sea hibiscus
Tectaria incisa Incised halberd fern
India-almond, Tropical-almond, West
Terminalia catappa Indian almond
Australian almond, Mueller's tropical-
Terminalia muelleri almond
Thelypteris dentata (=Thelypteris reducta) Downy maiden fern, Downy shield fern
Thespesia populnea Seaside mahoe
Tradescantia fluminensis White-flowered wandering jew
Tradescantia spathacea (=Rhoeo spathacea) Oyster plant
Tradescantia zebrina Inchplant, Wandering jew
Burrnut, Jamaican feverplant,
Tribulus cistoides Punctureweed
Triphasia trifolia Limeberry
Turnera ulmifolia Ramgoat dashalong, Yellow alder
Urena lobata Caesar's weed
Urochloa mutica (=Brachiaria mutica) Pará grass
Vitex trifolia Simpleleaf chastetree
Desert palm, Mexican Washington palm,
Washingtonia robusta Washington fan palm
Wisteria sinensis Chinese wisteria
Xanthosoma sagittifolium Arrowleaf elephant ear, Elephant ear
Cardboard cycad, Cardboard palm,
Zamia furfuracea Cardboard plant
Zeuxine strateumatica Lawn orchid, Soldier's orchid
Page 4 of 4
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LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR STANDARDS
FOR DESIGNATION OF SIGNIFICANT TREES, SPECIMEN TREES AND
HERITAGE TREES; REQUIREMENTS FOR TREE REMOVAL PERMITS,
TREE SURVEYS, TREE MITIGATION, AND PROTECTION OF TREES
DURING CONSTRUCTION; AND DESIGNATING TREE CANOPY
REQUIREMENTS, BY AMENDING CHAPTER 30 “DEVELOPMENT
STANDARDS” SPECIFICALLY AMENDING SECTIONS 30-31 “INTENT”, 30-
32 “CRITERIA FOR REMOVAL”, 30-33 “RELOCATION OR REPLACEMENT
OF TREES”, 30-34 “MITIGATION PLAN”, 30-39 “TREE REMOVAL, PERMIT
REQUIRED” AND 30-40 “TREE SURVEY REQUIRED BEFORE PERMIT”, 30-
324 “LANDSCAPE”; AND AMENDING CHAPTER 34 “PROCEDURES”, BY
SPECIFICALLY AMENDING SECTION 34-55 “MASTER PLAN SUBMITTAL”;
PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING
ORDINANCES, EFFECTIVE DATE, GRANDFATHER PROVISION, AND
INCORPORATION INTO THE CODE.
and
(ISA) defines critical root zone (CRZ) as an area equal to 1-foot radius from the base of the
tree’s trunk for each 1-inch diameter at breast height (dbh); and
(Landscape and Urban Planning 190 (2019) 103630) , and
WHEREAS, the Nicholas Institute for Environmental Policy and Solutions for the Urban
and Community Forestry Program of the North Carolina Forest Service and the North Carolina
Wildlife Resources Commission developed a guide to local tree protection ordinance creation
that states that “What constitutes a protected or regulated tree(s) within a Tree Protection
Tree Protection Ordinance

TEC Recommendation April 14, 2021 Page 1 of 15
Page 39 of 80
ordinance should be determined by each community, based on the local species, development
pressures, history and character of the community”, and
recommendations regarding strengthening tree protection and mitigation policies; and
the Titusville Environmental Commission during its review of this ordinance; and
Titusville; and
SECTION 1: That Chapter 30, “Development Standards” Article II. “Environmental”,

Land Development Regulations of the City of Titusville is hereby amended to reads as follows:
Sec. 30-31. -– Intent and definitions
Intent. This article is intended to improve and protect the environment, character and value of
surrounding properties. The provision of landscaping and the retention of natural plant growth
reduces erosion, provides natural water retention and filtration, provides shade, buffers
incompatible uses, aids in urban temperature control and improves the aesthetic quality of a
community, thereby promoting the public health, safety and general welfare.
(a) Protected trees are designated as follows:
(1) Significant tree – a native or IFAS-designated Florida-friendly tree with equal to or
greater than six (6) inch dbh, but less than twenty (20) inch dbh
(2) Specimen tree – a native or IFAS-designated Florida-friendly tree with equal to or
greater than twenty (20) inch dbh, but less than thirty-two (32) inch dbh
(3) Heritage tree – a native or IFAS-designated Florida-friendly tree WITH equal to or
greater than thirty-two (32) inch dbh
(b) Critical root zone (CRZ). In general, determination of a CRZ is as shown below. .:
(3) The calculation gives the diameter radius of the CRZ centered on the tree. For example,
a twenty-five-inch diameter tree would have a twenty-five-foot diameter radius CRZ.
(4) The Administrator reserves the right to determine a different CRZ for individual trees
based upon site specific conditions to ensure viability of the tree within site specific
development constraints.
(c) A tree tract is a separate tract of land that is specifically set aside within a development for
the purpose of preserving and planting trees. Tree tracts are not contained within a
residential lot of a subdivision. The purpose of these areas for preserving and planting
trees is stated on the face of the plat with sufficient language to ensure legal protection.
(d) A tree preservation easement is an easement within a property for the purpose of
preserving and planting trees. This purpose is stated on the face of the deed with sufficient
language to ensure legal protection.
Page 40 of 80
(f) Canopy coverage means the aerial extent of ground within the dripline of the tree.
(g) An area of tree canopy is an area of at least 75% existing tree canopy coverage and/or
expected tree canopy coverage within five (5) years of planting. Undisturbed vegetated
understory in excess of an average of twenty-four (24) inches in height associated with
existing trees shall be considered as part of an area of tree canopy. Areas of tree canopy
may contain passive recreation areas, boardwalks, trails, decks and paths as long as these
areas are pervious and will not cause damage to critical root zone of any tree.
(h) Area of Alteration is the total site area less than area which will not be altered as
determined by the applicant. Land to be excluded from the Area of Alteration may be
wetlands, drainage or utility easements, or any other land which will not be altered. Only
land included within the Area of Alteration may be considered part of the Tree Protection
Areas, or receive any credit for preserved tree canopy.

Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-32 “Criteria for
removal” of the Land Development Regulations of the City of Titusville is hereby amended to
read as follows:
(a) Except for specimen and heritage trees, a tree located in a portion of a lot or parcel in
which a building, driveway, sidewalk, retention area or accessory structure will be
constructed where redesign to avoid tree removal is not feasible.
(b) Trees with their critical root zone in such close proximity to buildings, driveways, sidewalks,
or accessory structures that they prevent the property development of the lot or parcel or is
determined to be a danger to an existing structure. Sufficient evidence must be provided to
the Administrator to substantiate the need for any tree removal.
CRZ:
(cd) Trees, which are dead, diseased or weakened by age, storms, fire or other injuries, which
cases.
(d) Heritage trees may only be removed if approved by the Titusville Environmental
Commission acting as the City’s Tree Board, utilizing the following in their consideration of
the request to remove such trees:

TEC Recommendation April 14,2021 Page 3 of 15
Page 41 of 80
as approved by the Administrator would be sufficient to preserve the heritage tree(s);
techniques such as pervious pavement, grade beams, retaining walls, and/or tree wells,
can be utilized to preserve the tree;
Environmental Commission may file a written appeal within thirty (30) days after the
decision in dispute, accompanied by the appropriate fee. Appeals shall be filed with the
City and shall state fully the grounds for the appeal and all facts relied upon by the
petitioner. The City Manager shall schedule the appeal for the consideration of the City
Council within sixty (60) days of receipt of the appeal.
(e) Specimen trees may only be removed if approved by the Administrator, after a site visit and
report by the city arborist. The Administrator shall consider the following factors in deciding
whether to grant or deny the application to remove a specimen tree.
including the critical root zone;
(2) Whether the project can be reasonably reconfigured to preserve the specimen tree(s).
Reasonably reconfigured includes altering the proposed placement, orientation, or
height of any building or structure; and relocating roads, ponds or vehicle
accommodation areas.
(3) Whether a reduction of required setbacks of the project or vehicle accommodation areas
including required parking areas, as approved by council, would be sufficient to preserve
the specimen tree(s);
value of the proposed project necessary to save the tree
landscape architect.
(7) The tree is deemed to be hazardous to persons or property as determined by an
evaluation of a certified arborist.
(8) The tree will interfere with utilities that cannot feasibly be relocated.
(9) If the tree is denying all reasonable use of the parcel.
Page 42 of 80
(10) Other site-specific conditions, as determined by the administrator.

(11) Whether the placement or quantity of fill can be adjusted to save the specimen
tree. Strategies for adjusting fill include, but are not limited to, the use of low impact
development design features and the use of tree wells around the tree.
(12) The number of specimen and heritage trees proposed for preservation and the
number proposed for removal.
(13) Whether the applicant or developer has worked with staff to adjust the proposed
layout to preserve the specimen tree as promised. Refer to sec. 30-40 (e) (7).
(f e) if after consideration of the above criteria, tree removal cannot be avoided, the
aAdministrator is authorized to grant reduction to the setback regulations applicable, for all non-
single-family residential uses, up to twenty-five (25) percent of the required setback or parking
area requirements in order to avoid the removal of the protected tree. However, no setback shall
be reduced to less than the required fire separation for the proposed structures of the proposed.

Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-33 “Relocation or
replacement of trees” of the Land Development Regulations of the City of Titusville is hereby
amended to read as follows:
have a healthy unbound root system and a minimum grade of Florida #1.
approved by the CityAdministrator prior to being used for any relocation of trees on the
property.
declaration of covenants recorded in the official records of the City of Titusville, or with
sufficient protective language, as noted on the approved landscape plan, which shall be
noted as a condition of approval, in property records maintained by the City of Titusville.
(d) The minimum total planting area in Tree Preservation Areas and Planted Tree Canopy
Areas is based on the size of trees. Furthermore, in order to receive mitigation credit, the
minimum tree planting spacing requirements shall be met.
feet, the total planting area is a minimum of one-hundred (100) square feet and a
Page 43 of 80
SECTION 4: That Chapter 30, “Development Standards” Article II. “Environmental”, Division
2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-34 “Mitigation plan” of the
Sec. 30-34. -– Canopy requirements preservation and Mitigation Plan.
(a) Canopy performance standards for residential development and mixed-use
developments where residential components occupy the largest portion of the acreage
shall be achieved by a combination of preservation and planting as specified below.
Only native trees and IFAS-designated Florida-friendly trees and plants may be counted
towards canopy.
(1) All single-family and multifamily residential lots or developments and
predominantly-residential mixed-use developments shall preserve an area of
approved low and moderate tolerant water usage mixed vegetation (native trees
and shrubs are preferred) tree canopy equal to at least twenty-five (25) ten (10)
percent of the total lot or development area. In the event there is no approved
low and moderate tolerant water usage mixed vegetation existing canopy is less
than twenty-five (25) percent on a lot or development or the canopy is spatially
distributed in a way that precludes preservation in separate tracts as required by
sec. 30-34 (a) (3), the applicant shall be required to establish an area of
approved low and moderate tolerant water usage mixed vegetation equal to ten
(10) percent of the lot or development achieve at least twenty-five (25) percent
canopy through the use of planted trees. Trees within a jurisdictional wetland
boundary shall not count toward the canopy preservation requirement. Trees
within a wetland setback or buffer may be counted toward the canopy
preservation requirement.
(2) All single-family and multi-family residential developments and predominantly-
residential mixed-use developments shall achieve a total of thirty-seven and one-
half (37.5) percent canopy through the preservation requirements stated in sec.
30-34 (a) (1) and through planted trees which will provide significant canopy
within five (5) years after planting.
(3) The area or areas of required canopy in sec. 30-34 (a) (1) and (2) shall be
recorded on the plat as separate tree tracts not part of individual lots, with the
plat language sufficient to afford legal protection. The locations of tree tracts
should be based in part on the distribution and groupings of healthy heritage and
specimen native hardwood trees. At least fifty (50) percent of healthy heritage
native hardwood trees should be incorporated into tree tracts. Placement of tree
tracts within the interior of the development is encouraged. Unless all or almost
all existing canopy is grouped along the property borders, no more than forty (40)
percent of the total tree tract acreage shall be located adjacent to property
boundaries.
(4) The canopy portion of a low impact development stormwater mitigation feature
incorporating trees may be used to satisfy canopy requirements in sec. 30-34 (a)
(1) or (2), as appropriate, provided that the low impact development feature is
identified on the plat as a separate tract, with the plat language sufficient to afford
legal protection.

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(5) Three (3) year survival of trees is required. Selection of trees will include survival
of potential future stressful conditions, such as drought, soil fertility, flooding.
Loss of canopy within three (3) years will require replacement.
(b) Canopy performance standards for commercial and industrial development and mixed-use
development where commercial or industrial components occupy the largest portion of the
acreage shall be achieved by a combination of preservation and planting as specified
below. Only native trees and IFAS-designated Florida-friendly trees and plants may be
counted towards canopy.
(1) All commercial and industrial developments and predominantly commercial or
industrial mixed-use developments shall preserve an area of tree canopy equal
to at least twenty-five (25) percent of the development area. In the event existing
canopy is less than twenty-five (25) percent on a development area or the
canopy is spatially distributed in a way that precludes preservation in separate
tracts as required by sec. 30-34 (b) (3), the applicant shall be required to achieve
at least twenty-five (25) percent canopy through the use of planted trees. Trees
within a jurisdictional wetland boundary shall not count toward the canopy
preservation requirement. Trees within a wetland setback or buffer may be
counted toward the canopy preservation requirement.
(2) All commercial and industrial developments, and predominantly commercial or
industrial mixed-use developments shall achieve a total of thirty-seven and one-
half (37.5) percent canopy through the preservation requirements stated in sec.
30-34 (b) (1) and through planted trees.
(3) The area or areas of required canopy in sec. 30-34 (b) (1) and (2) shall be
recorded on the plat as separate tree tracts not part of individual lots or on the
deed as tree preservation easements, with the plat or deed language sufficient to
afford legal protection. The locations of tree tracts or tree preservation
easements should be based in part on the distribution and groupings of healthy
heritage and specimen native hardwood trees. Where site design constraints
permit, at least fifty (50) percent of healthy heritage native hardwood trees should
be incorporated into tree tracts or tree preservation easements. Placement of
tree tracts or tree preservation easements within the interior of the development
is encouraged. Unless all or almost all existing canopy is grouped along the
property borders, no more than fifty (50) percent of the total tree tract or tree
preservation easement acreage should be located adjacent to property
boundaries.
(4) The canopy portion of a low impact development stormwater mitigation feature
incorporating trees may be used to satisfy canopy requirements in sec. 30-34 (b)
(1) and (2), as appropriate, provided that the low impact development feature is
identified on the plat as a separate tract or on the deed as a low impact
development feature, with the plat or deed language sufficient to afford legal
protection.
(5) Three (3) year survival of trees is required. Selection of trees will include survival
of potential future stressful conditions, such as drought, soil fertility, flooding.
Loss of canopy within three (3) years will require replacement.
(c) Determination of Canopy in Tree Protection Areas.
(1) Canopy is the area consisting of a tree’s branches in all directions from its trunk, the
outer edge of which is the dripline.
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(2) For preserved trees, the applicant shall demonstrate tree canopy coverage either by
aerial photograph nor more than one (1) year old or by on-the-ground field
measurement.
(3) Undisturbed vegetated upland scrub habitat consisting of, but not limited to, chapman
oak, scrub oak and sand live oak, in excess of an average of thirty-six (36) inches in
height shall be considered preserved canopy.
(4) For planted trees, the canopy coverage shall be credited as twenty-five percent (25%)
of the projected mature canopy coverage as shown in Appendix A, attached. If the
actual canopy determined by the extent of the dripline is greater than twenty-five
percent (25%) of the mature canopy, actual canopy coverage of the particular tree shall
be credited.
(5) Category 1 invasive plant species as listed by the Florida Exotic Pest Plant Council
shall not be counted toward canopy requirements. Category 1 invasive plant species
shall be removed from the Tree Protection Areas.
(6) Tree Protection Areas shall provide a minimum of eighty percent (80%) overall canopy.
The applicant may plant additional trees within the Tree Protection Areas containing
primarily preserved trees as long as the minimum tree spacing requirements are
followed and no new tree is planted within the Critical Root Zone of an existing tree.
(d) Legal Protection for Tree Protection Areas
(1) The site plan and plat shall provide the legal means for ensuring that Tree Protection
Areas are preserved and maintained in the future. Tree Protection Areas shall be
graphically shown on the site plan.
(2) Subdivisions shall provide Tree Protection Areas by designating tree conservation
tracts to be owned and maintained by the homeowner’s association.
(3) Loss of canopy within Tree Protection Areas to a level below the 80% required by
Section 30-31 (e), Determination of Canopy in Tree Protection Areas, shall require
replacement of trees.
(e) Quality Factors in Selecting Tree Protection Areas
(1) The locations of Tree Protection Areas should be based in part on the distribution and
groupings of healthy heritage and specimen native hardwood trees.
(2) At least fifty percent (50%) of all healthy specimen trees thirty-two (32) inches dbh or
greater should be incorporated into Tree Protection Areas.
(3) All healthy heritage trees to be preserved should be incorporated into Tree Protection
Areas.
(4) Placement of Tree Protection Areas within the interior of the development is
encouraged.
(5) Within Tree Protection Areas Containing Preserved Trees, the existing soil shall be
preserved without added fill and the land shall not be graded except as needed only
along a narrow strip on the perimeter for integration with the rest of the development.
The native understory associated with the existing trees shall be preserved to the
greatest extent feasible.
(f) Specific Acceptable Locations of Tree Protection Areas
(1) Tree Protection Areas shall not include portions of individual residential lots.
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(2) Tree Protection Areas may include portions of Low Impact Development (LID)
stormwater management features incorporating existing and/or planted trees and
native vegetation, provided the portion of the LID feature considered Tree Protection
Area contains eighty percent (80%) canopy and does not overlap individual residential
lots.
(3) Tree Protection Areas may include areas of planted trees in stormwater retention or
detention areas and other nutrient removal mechanisms provided the portion of the
stormwater management feature considered Tree Protection Area contains eighty
percent (80%) canopy and does not overly individual residential lots.
(4) Tree Protection Areas may be located in code required buffers (minimum twenty (20)
feet wide) and any preservation area or buffers required by zoning, master plan or
planned development approvals.
(5) Trees within a jurisdictional wetland boundary shall not count toward the canopy
preservation requirement. Trees within a wetland setback or buffer may be counted
toward the canopy preservation requirement.
(g) Tree Protection Areas Amenities. Tree Protection Areas may contain passive recreation
areas, boardwalks, trails, decks and paths as long as these areas are pervious and will not
cause damage to the critical root zone of any tree.
(h) Tree Survival Considerations and Requirements
(1) Selection of planted tree species will include consideration of ability to survive potential
future stressful conditions, such as drought, reduction of soil fertility and flooding.
(2) Three (3) year survival of planted trees counted toward the canopy in Tree Protection
Areas is required. Loss of canopy within three (3) years, except those caused by acts
of God, will require replacement of trees.
(3) All tree survival considerations be placed on site plans for commercial and industrial
projects, and in the homeowners documents that area approved by City Council.
(ib) As a condition of granting a permit, the applicant is required to prepare a Mitigation Plan for
all protected major trees (measuring twenty (20) six (6) inches dbh or more) which are
designated for removal.
(lc)Said plan shall provide for a two-to-one replacement based on tree caliper (i.e. if a twenty-
two-inch dbh tree is being removed a total of forty-four (44) inches dbh shall to be
replanted on the site as provided below):
(1) Significant tree – one (1) to one (1) replacement based on trunk dbh
(2) Specimen tree – two (2) to one (1) replacement based on trunk dbh
(1)(3) Heritage tree – three (3) to one (1) replacement based on trunk dbh, if Council
approves removal of the heritage tree
(jd)The mitigation plan shall also include designation of the proposed relocation area(s). All
replacement/mitigation trees shall be depicted with type of tree. Replacement/mitigation
trees shall be a native species of a similar type to those removed, i.e. overstory trees shall
be replaced with overstory trees.
(k) Alternatively, the applicant may in lieu of replanting a tree designated for protection, preserve
native vegetation on the site consisting of at least of one hundred (100) square feet per tree
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mitigation caliper-inch lost required. The preservation of native vegetation shall be in

addition to any required landscaping or preservation required by any other regulation
except that such preservation of native vegetation may be part of low impact development
stormwater mitigation features.
(l) As a last resort for sites which cannot accommodate the plantings required by the Mitigation
Plan (as determined by the Administrator), the applicant shall contribute to the City's Public
Landscaping Trust Fund an amount equal to one hundred dollars ($100.00) per weighted
nnet mitigation dbhcaliper-inch lost lost.
Weighted net dbh-inch lost shall be calculated as follows:
6 * heritage-tree-dbh-inches-list + 3 * specimen-tree-inches-lost + significant-tree-
inches-lost – total replacement tree dbh-inches planted
This provision can be reduced to seventy-five dollars ($75.00) per a net mitigation
dbhcaliper-inch lost when the trees are logged, in lieu of burning.
(b) when mitigation trees are removed to address requirements established by floodplain
compensatory storage regulations (section 30-103(f)(3)), the mitigation criteria for that
(1) the replacement ratio shall be one-to-one replacement based on tree caliperdbh.
(2) the contribution to the city's public landscape trust fund shall be an amount equal to one
hundred dollars ($100.00) per net caliper-dbh inch lost.
(mc) The provision of payment into the City's Public Landscaping Trust Fund shall not be
eligible for a variance before the Board of Adjustment and Appeals.
(nd) Appeals. Appeals of the Administrator's determination as to the practicality of installing
required payment into the City's Public Landscaping Trust Fund.

Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-39 “Tree removal,
permit required” of the Land Development Regulations of the City of Titusville is hereby
through damaging any tree with a trunk diameter of four (4) six (6) inches or more, said
diameter being measured four and one-half (4½) feet above ground level.

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Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-40 “Tree survey
required before permit” of the Land Development Regulations of the City of Titusville is hereby
Before obtaining a clearing and grubbing permit, building permit, preliminary plat approval
or site plan approval, in addition to other requirements set out in these regulations all applicants
shall submit a survey provided by a registered land surveyor, landscape architect or certified
nursery professional detailing the following:
(a) The location of trees six (6) inches or greater dbh or more in trunk diameter;
(b) Designation of trees proposed to be removed, retained or replaced due to buildings,
roads, sidewalks, manmade structures or improvements;
(c) Designation of such trees considered diseased or hazardous to buildings, pavement,
utilities or other proposed improvements; and
(1) An aerial photograph of the subject property which indicates where the streets
and utilities are planned and which trees are proposed to be removed.
proposed layout. All trees twelve (12)six (6) inches dbh and greater, proposed to
be removed shall be flagged or painted in the field.
(3) The location of all mitigation size trees, defined as trees six (6) inches or greater
dbh as located by a registered land surveyor, landscape architect or certified
nursery professional.
(4) The location of trees six (6) inches or greater in buffer areas or twenty (20) feet
from property lines.
(6) whenever possible, shredding, chipping and/or off-site wood logging is desirable
alternatives to burning. In electing this option, a twenty-five (25) percent credit will
be given towards required tree mitigation and/or contribution to the city's public
landscaping trust fund. Burning to dispose of site vegetation debris shall be
prohibited.
(7) The developer agrees to work with staff and adjust the proposed layout to
preserve more trees and specifically to preserve mitigation size trees.

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SECTION 7: That Chapter 30, “Development Standards” Article III. “Improvements”,

Division 10 “Landscaping”, Subdivision 2 “Landscape Materials” Section 30-324 “Landscape” of
follows:
(1) All single-family and multi-family residential lots or developments and predominantly
residential mixed-use developments shall preserve on site tree canopy as set forth in
sec. 30-34, canopy requirements and mitigation plan an area of approved low and
moderate tolerant water usage mixed vegetation (native trees and shrubs are
preferred) equal to at least ten (10) percent of the total lot or development area. In the
event there is no approved low and moderate tolerant water usage mixed vegetation
on a lot or development, the applicant shall be required to establish an area of
approved low and moderate tolerant water usage mixed vegetation equal to ten (10)
percent of the lot or development. Required landscaping may be credited as
established in the Landscape Credits Table, 30-7 of this section.
(b) Commercial and industrial development:
(1) All commercial and industrial developments and predominantly commercial or industrial
mixed-use developments shall preserve on site tree canopy as set forth in sec. 30-34,
canopy requirements and mitigation plan Ten (10) percent of the required landscape
area for a commercial development shall utilize low and moderate tolerant water usage
mixed vegetation (native trees and shrubs are preferred). The City can supply the
applicant with a list of approved mixed low and moderate tolerant water usage
vegetation upon request (see Landscape Technical Manual).
(1) Ten (10) percent of the required landscape area for an industrial development shall
Technical Manual).
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rights-of-way.
[(d)] [Reserved.]

Preserved tree
caliper vegetation

caliper vegetation
tree.
SECTION 8: That Chapter 34, “Procedures” Article II. “Legislative and Quasi-judicial”,
Division 3 “Master Plans”, Section 34-55 “Master Plan submittal” of the Land Development
Sec. 34-55. - Master Plan submittal.
(a) Master Plan submittal. A Master Plan is required for determination as to the internal
relationship between uses, activities proposed and their supporting systems and facilities.
The Master Plan shall also address the relation to surrounding uses, activities, systems and
facilities. The Master Plan shall, at a minimum, contain the following information as set forth
in the Development Review Procedures Manual, Section 6.1.
(1) Application and fee;
(2) Name of the proposed development, name or names of the developers, name of
owner, architect, landscape architect, surveyor, engineer and/or land planner;
(3) Location map, showing the relationship of the proposed development to the existing
and any proposed streets, and any other property owned by the sub-divider in that
vicinity.

Page 51 of 80
(4) Survey of the parcel showing boundaries, total acreage, parcel numbers, legal
description and all encumbrances such as easements, rights-of-way, etc.
(5) Site data including parcel size, current zoning and future land use classification, lands
to be dedicated to public use, proposed easements, rights-of-way.
(6) Existing site characteristics including general information on site conditions and
characteristics including adjacent developments, wooded areas, location of
majorsurvey of all trees equal to or larger than six (6) inches dbh, existing utilities,
ditches, swales, wetlands and water bodies, flood zoned, topography, soils types, and
areas of critical concern. Note any variances or conditional use permits that have been
granted for the site.
(7) Proposed plan illustrating streets, lots, and other features such as common areas,
retention areas, parks, etc. Street layouts shall indicate the type of street and proposed
rights-of-way. Lot layouts shall identify the proposed number of lots and proposed lot
sizes.
(8) The general layout of water, sewer and storm water systems including proposed
connections for water and sewer and the legal positive outfall location for the storm
water management system. Summary should include estimate of water allocation
permit quantities (total average daily water demand - gallons).
(9) Mitigation plan for all trees measuring six (6) inches dbh or more, as required by sec.
30-34 (c).
(10 9) Proposed phasing, if any, with projected build-out date.
(11 10) An analysis of the proposed project relative to the City's concurrency
management standards.
(12 11) Development plan identifying the location and acreage of each component and
district of the project, including the location and placement of proposed land uses by
type and density.
(13 12) Additional submittal requirements as set forth per the Development Review
Procedures Manual.
(14 13) Evidence of a community engagement meeting as outlined in Section 34-13,
Community Engagement is required prior to the item being advertised for the first
public meeting conducted by the City.
SECTION 9: SEVERABILITY. If any provisions of this Ordinance are for any reason
SECTION 10: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of

SECTION 11: EFFECTIVE DATE. This Ordinance shall be in full force and effect upon
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SECTION 12. GRANDFATHER PROVISION. All lawful existing development to the

extent of any conflict with these regulations shall be entitled to be continued as provided for in
Chapter 34 Procedures, Article VII Nonconforming Uses, Structures/Vested Rights of the Land
Development Regulations. The City hereby recognizes the right of any person to complete the
following development:
(a) Development that has received a building permit as of the effective date of this
ordinance so long as the applicant is continuously working toward completion
consistent with the Florida Building Code and Chapter 6-64 of this Code.
(b) Development that has received final plat approval as of the effective date of this
ordinance.
(c) Development that has received approval of a preliminary plat or final site plan,
provided said development has secured a permit to construct all of said development
contained herein and is continuing said development in good faith.
(d) The City may recognize other applications for vested rights consistent with Chapter
34 Procedures, Division 3 Vested Rights Determination, of this Code.
Tree surveys submitted and approved before the effective date of this ordinance shall satisfy the
tree survey requirement specified in this ordinance.
SECTION 13: INCORPORATION INTO CODE. This ordinance shall be incorporated

into the City of Titusville Code of Ordinances and any section or paragraph, number or letter,
and any heading may be changed or modified as necessary to effectuate the foregoing.
made.
________________________________
ATTEST:
__________________________

Page 53 of 80

LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR STANDARDS
FOR DESIGNATION OF TREE PROTECTION INCLUDING THE CREATION
OF TREE PRESERVATION AREAS, PLANTED TREE CANOPY AREAS AND
TOTAL FORESTED AREAS AND INCENTIVES TO PROTECT TREES,
AMENDING TREE MITIGATION AND TREE SURVEY REQUIREMENTS BY
AMENDING CHAPTER 30 “DEVELOPMENT STANDARDS” SPECIFICALLY
AMENDING SECTIONS 30-31 “INTENT”, 30-32 “CRITERIA FOR REMOVAL”,
30-33 “RELOCATION OR REPLACEMENT OF TREES” 30-34 “MITIGATION
PLAN”, 30-39 “TREE REMOVAL, PERMIT REQUIRED” AND 30-40 “TREE
SURVEY REQUIRED BEFORE PERMIT”; AMENDING CHAPTER 34
“PROCEDURES”, BY AMENDING SECTION 34-55 “MASTER PLAN
SUBMITTAL”; AND ADDING NEW SECTION 30-34 “TOTAL FORESTED
AREAS AND TREE PRESERVATION AREAS” PROVIDING FOR
GRANDFATHER PROVISION, SEVERABILITY, REPEAL OF CONFLICTING
ORDINANCES, EFFECTIVE DATE AND INCORPORATION INTO THE CODE.
and
recommendations regarding strengthening tree protection and mitigation policies; and
the Titusville Environmental Commission during its review of this ordinance; and
Titusville; and
Compromise Ordinance
November 12, 2020 Page 1 of 18
Page 54 of 80

Land Development Regulations, City of Titusville is hereby renamed as “Intent and basic
standards” and amended to read as follows:
Sec. 30-31. -– Intent and basic standards.
(b) Basic Standards. The basic standards below provide mandatory requirements for key
(c) Protected trees are designated as follows:
(1) Significant tree – A native or IFAS-designated Florida-friendly hardwood tree with
diameter at breast height (dbh) equal to or greater than fourteen (14) inches and less
than twenty (20) inches.
(2) Specimen tree – A native or IFAS-designated Florida-friendly tree, other than a palm,
with dbh equal to or greater than twenty (20) inches and less than thirty-six (36) inches.
(3) Grand tree – A native or IFAS-designated Florida-friendly tree, other than a palm, with
dbh equal to or greater than thirty-six (36) inches and less than forty-six (46) inches.
(4) Heritage tree- A native or IFAS-designated Florida-friendly hardwood tree, other than a
palm, with a dbh equal to or greater than forty-six (46) inches.
(d) Area of Alteration is the total site area less than area which will not be altered as determined
by the applicant. Land to be excluded from the Area of Alteration may be wetlands,
drainage or utility easements, water bodies, or any other land which will not be altered. Only
land included within the Area of Alteration may be considered part of Tree Protection Areas,
or receive any credit for preserved tree canopy.
(e) Critical root zone (CRZ) is an imaginary circle on the ground that corresponds with the
"dripline" of the tree. However, the dripline is often irregular, so the trunk diameter is used
as follows to determine the CRZ. The CRZ shall only apply to specimen, grand and heritage
trees.
(4) The City reserves the right to determine a different CRZ for individual trees based upon
site specific conditions to ensure viability of the tree within site specific development
constraints.
(f) Limited development in the CRZ is allowed as follows, except within Tree Preservation
Areas and Planted Tree Canopy Areas.
(1) Sidewalks and pavement are allowed in the CRZ as long as fifty percent (50%) of the
CRZ area is not paved.
Tree Protection Ordinance Compromise Version

Page 55 of 80
(2) Buildings are allowed in the CRZ as along as the encroachment does not exceed
twenty-five percent (25%) of the CRZ area.
(3) Changing the grade of the earth up to twelve (12) inches is allowed in the CRZ within
fifty percent (50%) of the CRZ area.
(4) If development in the CRZ exceeds the above thresholds, then the tree shall be
considered as being fully impacted and mitigation/replacement as required by code
shall be applied as applicable. No mitigation credit shall be allowed for the tree if the
CRZ is impacted more than the allowable thresholds contained in this section.

Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-32 “Criteria for
removal” of the Land Development Regulations, City of Titusville is hereby amended to read as
follows:

(a) Trees located in a portion of a lot or parcel in which a building, driveway, sidewalk, retention
area or accessory structure will be constructed where redesign to avoid tree removal is not
feasible.
(b) Trees with their critical root zone in such close proximity to buildings, driveways, sidewalks,
or accessory structures that they prevent the property development of the lot or parcel or
are determined to be a danger to an existing structure or for which the thresholds for limited
development within the critical root zone (as defined in Section 30-31) are exceeded.
(c) Trees, which are dead, diseased or weakened by age, storms, fire or other injuries, which
pose a threat to the welfare of the general public as determined by an Arborist, landscape
architect or certified nursery professional. The permit fee will be waived in these cases.
(d) Grand trees may only be removed if approved by the Administrator. Administrator shall
consider the following factors in deciding whether to grant or deny the application to remove
a grand tree. The applicant shall be required to provide a written report to the City
addressing the factors described below. Such report shall be reviewed by the
Administrator, who may delegate to the city arborist.
(2) Whether the project can be reasonably reconfigured to preserve the grand tree(s);
(3) Whether a reduction of required setbacks of the project, as approved by Council, would
be sufficient to preserve the grand tree(s);
value of the proposed project necessary to save the tree;
landscape architect;
evaluation of a certified arborist;
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(9) If the tree is denying reasonable use of the parcel;
(10) Other site specific conditions, as determined by the Administrator;
(11) A statement as to how much fill and/or cut may be used within the CRZ without causing
damage to the survivability of the tree;
(12) A list of the proposed grand trees to be removed and preserved; and
(13) Photograph of the tree.
In the event the Administrator denies the removal of any protected tree, the applicant has the
right to appeal the decision directly to the City Council.
(e) Except as provided in Section 30-39 (c) for single family homes with a certificate of
occupancy, Heritage Trees may only be removed if approved by the City Council. The
review process for the request to remove a Heritage Tree is the same as the request to
remove a Grand Tree. However, a request to remove a Heritage Tree, after review and
recommendation by the City Administrator shall be sent directly to City Council for approval.

Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-33 “Relocation or
replacement of trees” of the Land Development Regulations, City of Titusville is hereby
declaration of covenants recorded in the official records of the City of Titusville Brevard
County, Florida or with sufficient protective language, as noted on the approved landscape
(d) The minimum total planting area in Tree Preservation Areas and Planted Tree Canopy Areas
is based on the size of trees. Furthermore, in order to receive mitigation credit, the minimum
tree planting spacing requirement shall be met.
fee, the total planting area is a minimum of one-hundred (100) square feet and a

Page 57 of 80
(e) Within a Tree Preservation Area or Planted Tree Canopy Area, no new tree shall be planted
within the Critical Root Zone of an existing tree being preserved.
(f) For a detailed list of trees by size, see Appendix A, attached.
SECTION 4: That the Land Development Regulations, City of Titusville is hereby amended
by adding a section, to be numbered Chapter 30, “Development Standards” Article II.
“Environmental”, Division 2 “Trees and Vegetation (Preservation and Mitigation)” is hereby
amended by adding a section, to be numbered Section 30-34 “Total Forested Areas and Tree
Preservation Areas” which section read as follows:
Sec. 30-34. – Total Forested Areas and Tree Preservation Areas
(a) All subdivisions and site plans shall provide the following minimum Tree Preservation Areas
and Total Forested Areas. The sum of the Tree Preservation Areas plus the Planted Tree
Canopy areas is defined as the Total Forested Area. All areas shall be based upon a
percentage of the Area of Alteration.
Discussion: Two sets of alternate percentage values are provided for your consideration
PLAN A PERCENTAGES (RESPONSIBLE GROWTH RECOMMENDATION)*

Minimum Minimum
Tree Preservation Area Total Forested Area.
Single family residential 10% 15%
Multi-family residential 10% 15%
Commercial, PID 5% 10%
Industrial 5% 5%
PLAN B PERCENTAGES (GROWTH WITH CANOPY RECOMMENDATION)*

Minimum Minimum
Tree Preservation Area Total Forested Area.
Single family residential* 20% 30%
Multi-family residential 15% 25%
Commercial, PID 10% 20%
Industrial 10% 15%
*
All percentages are based on the Area of Alteration.
Discussion: This section provides for the percentage of the project area required
to be set aside in the Tree Preservation Area and Total Forested Area. It is
flexible enough to work with full tree coverage or almost no existing tree
coverage. It provides for minimum preservation and combined preservation and
planting. It focuses preservation and planting into preservation tracts which is
one of the main goals for the tree team. The lower percentages (above) are what
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might be acceptable to the Responsible Growth forces in the city. The higher
percentages are more likely to be acceptable to the Growth with Canopy
advocates.
(b) Single family residential lots which are not part of a formal subdivision are exempt from the
Tree Preservation Area and Total Forested Area requirements.
(c) Site plans less than three (3) acres in Area of Alteration, and which are not part of a larger
plan of development, are exempt from the mandatory minimum Tree Preservation Area and
minimum Total Forested Area requirements.
(d) If the applicant is not able to provide the full minimum percentage of Tree Preservation Area
due to either a shortage of existing tree canopy or distribution of the existing tree canopy, the
applicant shall provide as much Tree Preservation Area as feasible and meet the Total Forested
Area requirement with Planted Tree Canopy Areas.
(e) A formal process for City Council to address cases where an applicant is unable to
provide the minimum Total Forested Area shall focus on understanding the reasons and
preventing similar situations in the future. The waiver process shall offer an opportunity for relief
to the applicant and shall offer the City Council the opportunity to reflect on general factors and
decisions impacting the case to which the Total Forested Area requirement can be satisfied.
(1) If an applicant can demonstrate that the minimum Total Forested Area (TFA) cannot be
met on the site without significant damage to the development, the applicant may apply for
a waiver. General information to be included in the application shall be the Future Land
Use designation and the zoning category. The applicant shall supply an aerial photograph
of the site identifying the Area of Alteration, a tree survey, landscape plan, FEMA flood
zone map if applicable, a general drawing showing stormwater management features and
clearly identifying any Low Impact Development features, and a list of significant,
specimen, grand, and heritage trees to be preserved and removed. Information on relevant
site-specific constraints may be included.
(2) The Administrator shall review the waiver request, make recommendations, and
forward the waiver request directly to the City Council for review and a decision. The
Administrator shall supply a brief history of project review including any Comprehensive
Plan Amendments requested, zoning requests including any requested change in density
or intensity, information on whether the Planned Development (PD) zoning category is
being used or was considered, and for residential projects, any requested change in the
number of allowable units. The Administrator shall also identify any attempts to work with
the applicant to facilitate compliance with the minimum Total Forested Area. Any
discussed potential adjustments in setbacks and parking area requirements should be
noted.
(3) The City Council shall decide whether to grant a waiver to the applicant.
(4) The Council may also wish to discuss how to reduce the frequency of such situations in
the future. This optional discussion could consider whether raising awareness of the
Total Forested Area requirement during zoning decisions, including number of units
allowed, could help prevent the problem. This voluntary discussion could also consider
whether adjustments in open space development standards could make compliance
with the minimum Total Forested Area easier.

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(f) Total Forested Area (TFA). Total Forested Area is comprised of Tree Preservation Areas
and Planted Tree Canopy Areas. Standards that apply to both Tree Preservation Areas and
Planted Tree Canopy Areas are specified below.
(1) Subdivisions shall provide Tree Preservation Areas and Planted Tree Canopy Areas by
means of designating tree conservation tracts to be owned and maintained by the
homeowner’s association.
(2) Site plans shall provide Tree Preservation Areas and Planted Tree Canopy Areas by
means of designation on the site plan, which is a code compliance enforceable document.
Tree Preservation Areas and Planted Tree Canopy Areas shall be graphically shown on the
site plan with the minimum quantity, species and dbh of all trees to be preserved and
planted.
(3) Locations of Total Forested Area components within the Area of Alteration shall adhere
to the following standards:
a. Tree Preservation Areas and Planted Tree Canopy Areas may be located in code
required buffers (minimum twenty (20) feet wide), wetlands and wetlands buffers,
and any preservation area or buffers required by zoning, master plan or planned
development approvals.
b. A maximum of fifty percent (50%) of the required Total Forested Area may be
located in wetlands, provided the wetlands are mostly free of invasive species
such as Brazilian pepper.
c. Tree Preservation Areas and Planted Tree Canopy Areas shall not include
portions of individual residential lots.
(5) Tree Preservation Areas and Planted Tree Canopy Areas may contain passive
recreation areas, boardwalks, trails, decks and paths as long as these areas are
pervious and will not cause damage to the critical root zone of any tree.
(6) Tree Survival considerations and requirements are as follows.

a. Selection of planted tree species will include consideration of ability to survive
potential future stressful conditions, such as drought, reduction of soil fertility, and
flooding.
b. Five (5) year survival of planted trees counted toward the canopy in Tree
Preservation Areas and Planted Tree Canopy Areas is required.
c. Five (5) year survival of existing trees in Tree Preservation Areas and Planted
Tree Canopy Areas on filled and/or graded land is also required.
d. Loss of canopy within five (5) years will require replacement of trees.
(g) Tree Preservation Areas (TPA). A Tree Preservation Area is any land area within a proposed
subdivision or site plan which the applicant creates in which existing tree removal is not
allowed except the removal of invasive species, dead or diseased trees. The primary
purpose of Tree Preservation Areas is to preserve existing high quality tree canopy and
hardwood/oak trees. Tree Preservation Areas are subject to the following standards:
(1) Preservation of large trunk diameter and large canopy hardwoods and oaks, shall be
given a priority in the selection of the Tree Preservation Areas on the site, with the intent
of incorporating approximately fifty percent (50%) of the healthy grand and heritage
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native hardwood trees into Tree Preservation Areas. Placement of Tree Preservation
Areas within the interior of the development is encouraged.
(2) Tree Preservation Areas shall provide a minimum of eighty percent (80%) overall
canopy. The minimum canopy percentage shall be achieved primarily through
preserved existing trees, which may be supplemented by planted trees. The applicant
shall demonstrate tree canopy coverage either by aerial photograph measurement or by
on the ground field measurement. The applicant may plant additional trees within the
Tree Preservation Areas as long as the minimum tree spacing requirements are followed
and no new tree is planted within the Critical Root Zone of an existing tree.
(3) Within Tree Preservation Areas outside of the 100-year floodplain, the existing soil shall
be preserved without added fill and the land shall not be graded except as needed only
along a narrow strip on the perimeter for integration with the rest of the development.
The native understory associated with the existing trees shall be preserved to the
greatest extent feasible.
(4) If the development is within the 100-year floodplain and the Tree Preservation Area must
be sited on land that is to be filled, the least possible fill shall be used on the Critical
Root Zone of preserved existing trees, and the native understory shall be preserved to
the greatest extent feasible. Tree wells and permanent tree protection barriers may be
used to protect the existing trees.
(5) Tree Preservation Areas may be integrated with Low Impact Development concepts.
Tree Preservation Areas may include Low Impact Development (LID) stormwater
management features incorporating existing trees and native vegetation, provided the
portion of the LID feature considered Tree Preservation Area is consistent with TPA
standards requiring 80% canopy and prohibiting overlap with individual residential lots.
(h) Planted Tree Canopy Areas (PTCA) . Developments that do not satisfy the Minimum Total
Forested Area with Tree Preservation Areas shall provide Planted Tree Canopy Areas. A
Planted Tree Canopy Area is any land area within a proposed subdivision or site plan which the
applicant creates for the purpose of providing canopy through planted trees. The primary
purpose of a Planted Tree Canopy Area is to provide for protection of planted trees and five (5)
year survival. Planted Tree Canopy Areas are subject to the following standards.
(1) Preservation of the trees providing the planted tree canopy is required.
(2) The planted trees must adhere to the minimum tree planting spacing between the trees.
(3) Preservation of existing trees is allowed in Planted Tree Canopy Areas.
(4) Planted Tree Canopy Areas shall provide a minimum of 80% overall canopy. The
minimum canopy percentage shall be achieved primarily through planted trees, which
may be supplemented by preserved existing trees. The canopy area of planted trees is
based on twenty-five percent (25%) of the projected mature canopy coverage as shown
in Appendix A, attached. If the actual canopy determined by the extent of the dripline is
greater than twenty-five percent (25%) of the mature canopy, actual canopy coverage of
the particular tree shall be credited. The approximate canopy area of existing trees shall
be based on actual measured canopy or by aerial photograph.

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(5) Planted Tree Canopy Areas may be integrated with low impact development concepts,
such as planting trees in stormwater retention or detention areas and other nutrient
removal mechanisms.
2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-34 “Mitigation Plan” of the
Land Development Regulations, City of Titusville is hereby amended to read as follows:
Sec. 30-3435. -– Mitigation Plan and Incentives to Reduce Mitigation
all protected major trees that are designated for removal. (measuring twenty (20) inches
dbh or more) which Said plan shall provide for a replacement of protected trees are
designated for removal. Said plan shall provide for a two-to-one replacement based on tree
caliper (i.e. if a twenty-two-inch dbh tree is being removed a total of forty-four (44) inches
dbh shall to be replanted on the site). as provided below.
dbh
(3) Grand tree – two-hundred percent (200%) mitigation replacement based on trunk dbh, if
Administrator approves removal of the grand tree
(4) Heritage tree – two hundred percent (200%) mitigation replacement based on trunk dbh,
if City Council approves the removal of the heritage tree
replacement/mitigation tree plantings shall be in in addition to any landscape planting
required by the City Code.
(c) The mitigation plan shall include designation of the proposed relocation area(s). For all
development, other than single family lots not part of a formal subdivision, the mitigation
plan shall depict all Tree Preservation Areas and Planted Tree Canopy Areas.
(d) The mitigation plan shall include a list of all specimen, grand, and heritage trees proposed
for removal and a list of all specimen, grand, and heritage trees to be preserved. The list
shall indicate whether a tree to be preserved is located in a Tree Preservation Area, a
Planted Tree Canopy Area, or outside the Total Forested Area.
Discussion: Two versions of the mitigation vegetation option are offered for your
consideration.
(e) (Responsible Growth Recommendation)
Alternatively, the applicant may in lieu of replanting, as set forth in Section 30-35 (a),
preserve native vegetation on the site consisting of at least of one hundred (100) square
feet per mitigation inch required. The preservation of native vegetation shall be in addition
to any landscaping required by Titusville landscaping code, such as minimum buffers and
parking area landscaping. or preservation required by any other regulation. This mitigation
credit shall not be given for Tree Preservation Areas, Planted Tree Canopy Areas, or any
areas where replacement mitigation trees are planted. It shall be allowed in any additional
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preservation areas or buffers required by zoning, master plan or planned development

approvals. Native vegetation preservation credit may be allowed in wetlands, however a
maximum of 50%, fifty percent, of the total required mitigation inches, may be provided
from native vegetation preservation in wetland areas. The mitigation plan shall include
designation of proposed areas to be preserved and specifications of the kind of existing
vegetation in such areas.
(Growth with Canopy Recommendation)
Alternatively, the applicant may in lieu of replanting, as set forth in Section 30-35 (a),
preserve native vegetation in upland areas on the site consisting of at least of one hundred
(100) square feet per tree caliper inch lost mitigation inch required. The preservation of
native vegetation shall be in addition to any required landscaping required by Titusville
landscaping code, such as minimum buffers and parking area landscaping. or preservation
required by any other regulation. This mitigation credit shall not be given for Tree
Preservation Areas, Planted Tree Canopy Areas,or any areas where replacement
mitigation trees are planted. It shall be allowed in any additional preservation areas or
buffers required by zoning, master plan or planned development approvals. The mitigation
plan shall include designation of proposed areas to be preserved and specifications of the
kind of existing vegetation in such areas.
City's Public Landscaping Trust Fund an amount equal to one hundred fifty dollars
($50.00100.00) per net caliper-inchmitigation dbh-inch.This provision can be reduced to
seventy-five dollars ($75.00) per a net caliper-inch lost when the trees are logged, in lieu of
burning.
Fund.
(i) Incentives to Preserve Trees and Reduce Mitigation are listed below.
DISCUSSION: Responsible Growth and Growth with Canopy offer incentives to encourage tree
preservation and reduce mitigation.
To qualify for the incentives, the development must comply with requirements for Tree
Preservation Area (TPA) and Total Forested Area (TFA). The object of the incentives is to

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reduce or eliminate mitigation as a reward for preserving and planting trees in Tree Preservation
Areas and Planted Tree Canopy Areas (PTCA).
Incentive 1 – agreed on: After TPA and TFA satisfied, no further mitigation of significant
trees required.
Incentive 2 – agreed on: After TPA and TFA satisfied, preservation credit is given to
offset removal of specimen and grand trees.
Incentive 3 – agree on wording but not percentages: After TFA exceeded by 5%, no
further mitigation needed for specimen and grand trees.
Incentive 4 – One version, no agreement, discussion from both groups provided: After
TPA and TFA satisfied, additional TPA and PTCA may provide mitigation credit from any
non-palm tree 6 inches or greater dbh.
These incentives are dependent on the minimum percentages for Tree Preservation Area and
Total Forested Area that are stated earlier in this version of the ordinance. For your
convenience, these percentages are restated below.
PERCENTAGES FOR REFERENCE
RESPONSIBLE GROWTH PERCENTAGES*
Minimum Tree Minimum Total

Preservation Area Forested Area
Multi-Family residential 10% 15%
Commercial, PIP 5% 10%
Industrial 5% 5%
GROWTH WITH CANOPY PERCENTAGES*
Minimum Tree Minimum Total

Preservation Area Forested Area
Multi-Family residential 15% 25%
Commercial, PIP 10% 20%
Industrial 10% 15%
*All percentages are based on the Area of Alteration area.
(1) Incentive 1. Developments satisfying all requirements for Tree Preservation Area
and Total Forested Area are exempt from further mitigation for significant trees that are
not required outside of the Total Forested Area. (AGREED ON)
(2) Incentive 2. Incentive 2. Developments satisfying all requirements for Tree

Preservation Area and Total Forested Area may reduce or eliminate the need for
additional mitigation through preserved tree mitigation credit. Preserved tree mitigation
credit shall be given on the following basis. 100% mitigation credit shall be given for
preserved specimen trees and 200% mitigation credit shall be given for preserved grand
and heritage trees located in Tree Preservation Areas, Planted Tree Canopy Areas, and
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anywhere else within the area of alteration. The locations of credited preserved trees
outside Tree Preservation Areas and Planted Tree Canopy Areas shall be labeled on the
site plan or subdivision plat. Five (5) year survival of these preserved trees on
filled and/or graded land is required, and loss of canopy within five (5) years will require
tree replacement at the mitigation credit percentage originally granted to the tree.
(AGREED ON)
RESPONSIBLE GROWTH VERSION OF INCENTIVE 3
(3) Incentive 3. If site plan or subdivision plan provides for a Total Forested Area
increase of 5% of the Area of Alteration in accordance with the table below, then no
further tree mitigation or payment in lieu of mitigation is required, with the exception of
Heritage Trees which still require mitigation.
Total Forested Area Provided
Single family residential 20% or greater
Multi-Family residential 20% or greater
Commercial, PIP 15% or greater
GROWTH WITH CANOPY VERSION OF INCENTIVE 3
(3) Incentive 3. If a site plan or subdivision plan provides for a Total Forested Area
increase of 5% of the Area of Alteration in accordance with the table below, then no
further tree mitigation or payment in lieu of mitigation is required, with the exception of
Heritage Trees which still require mitigation.
Total Forested Area Provided
Single family residential 35% or greater
Multi-Family residential 30% or greater
Commercial, PIP 25% or greater
RESPONSIBLE GROWTH INCENTIVE 4
(4) Incentive 4. If Applicant provides Tree Preservation Areas (TPA) and Planted Tree
Canopy Areas (PTCA) which are above the minimum required by code, then Applicant
shall receive additional mitigation credit for any existing, non-palm, tree preservation
provided within these additional TPA or PTCA. Trees 6” dbh and larger in these
additional TPA and PTCA shall receive additional mitigation credit at a rate of 33%.
RESPONSIBLE GROWTH DISCUSSION on Incentive (4)

Incentive 4 also provides for mitigation credit for all non palm trees greater than 6” dbh.
The reason for this is to encourage mitigation by extra preservation instead of plantings.
These would be in TPA and TFA above the minimums. Below is an example of why this
is preferable to the Responsible Growth Representatives.
EXAMPLE
REMOVE 1 20” SPECIMEN TREE

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MITIGATION using INCENTIVE (4)

PRESERVE 5- 12” DBH TREES @ 33% = 20 dbh OF MITIGATION VALUE
MITIGATION not having INCENTIVE (4)

PLANT 8 2.5” DBH TREES X 100% = 20 dbh OF MITIGATION VALUE
GROWTH WITH CANOPY DISCUSSION on Incentive (4)
Growth with Canopy Representatives believe that Incentive 4 has a commendable stated
goal of encouraging preservation of trees over planting. We do not support Incentive 4
because it allows small preserved trees 6” up to 20” dbh to provide mitigation credit,
while an unlimited amount of the same size small trees may be removed outside TPAs
and PTCAs without mitigation.
2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-35 “Exceptions” of the Land
Development Regulations, City of Titusville is hereby amended as follows.
(a) Emergency conditions. The City Manager or his designated representative may waive all
or part of these requirements in the event of natural disaster such as hurricanes, tornados,
(c) Persons donating trees to a public body for transplanting on public property shall be
exempt from the payment of fees for obtaining the required permit when said trees are
accepted by the public body.
(d) Nuisance trees shall be removed and a permit is not required. A list of nuisance trees can
Manual.
2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-36 “Tree protection during
construction” of the Land Development Regulations, City of Titusville is hereby amended as
follows.
Sec. 30-3637. - Tree protection during construction.
Measures for the protection of trees during construction shall adhere to the provisions set
forth in Section 2.5, Tree Protection during Construction of the Environmental Protection
Technical Design Manual.

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2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-37 “Recreation, open space
and agricultural provisions” of the Land Development Regulations, City of Titusville is hereby
amended as follows.
Sec. 30-3738. - Recreation, open space and agricultural provisions.
(a) For all land use that provides for open space as part of an active recreational use (such as
golf courses and field sports), the requirements for mitigation set forth in Section 30-34,
Mitigation may be reduced by fifty (50) percent as determined by the Administrator.
(b) Lands with an agricultural tax exemption and that are engaged in a commercial
agricultural operation may also receive a fifty-percent reduction to the requirements of
Section 30-34, Mitigation as determined by the Administrator.
2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-38 “Protection of habitat of
endangered and threatened species” of the Land Development Regulations, City of Titusville is
hereby amended as follows.
Sec. 30-3839. - Protection of habitat of endangered and threatened species.
(a) The City shall recognize and promote the protection of threatened and endangered
species identified by the United States Fish and Wildlife Service (USFWS), the Florida
Game and Fresh Water Fish Commission (FGFWFC) and the Florida Department of
Natural Resources (FDNC), as most recently amended. Development shall adhere to the
regulations established in Sec. 2.6 of the City's Technical Manual.
Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-39 “Tree removal,
permit required” of the Land Development Regulations, City of Titusville is hereby amended to
read as follows:
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Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-40 “Tree survey
required before permit” of the Land Development Regulations, City of Titusville is hereby
(a )Before obtaining a clearing and grubbing permit, building permit, preliminary plat approval or
site plan approval, in addition to other requirements set out in these regulations all
applicants shall submit a survey provided by a registered land surveyor, landscape architect
or certified nursery professional detailing the following information shown below.:
(b) As a condition of granting a permit, the developer shall work with staff to adjust the proposed
layout to achieve greater preservation of healthy specimen, grand and heritage native trees.
manuals.
(2) For sites five (5) acres or less, a tree survey prepared by a Florida Licensed surveyor, of
all tree onsite six (6) inches dbh and larger shall be provided.
(3) For sites greater than five (5) acres, the applicant may in lieu of a full tree survey,
provide all of the following:
a. A tree survey, prepared by a Florida Licensed surveyor, of all non-palm trees which are
of mitigation size and larger as defined in Section 30-31.
b. A Vegetation Inventory Plan of trees and understory vegetation within twenty (20) feet of
the perimeter of the site for the purpose of showing compliance with the City code
buffer requirements. This inventory does not have to be a tree survey showing exact
location of trees, but shall list the tree species, dbh, and quantity, in 100 feet long
segments around the entire perimeter of the site and be shown graphically on a
Vegetation Inventory Plan. It shall list at a minimum all six (6) inch dbh trees, however
smaller size trees may be shown in order to meet code buffer requirements. A general
(c) The Vegetation Inventory Plan shall also include a sampling of vegetation throughout
the rest of the interior of the site as follows: 100 feet by 100 feet sample areas at the
rate of one per five (5) acres shall be shown. An inventory in each sample area shall
list all trees sis (6) inch dbh and larger, and shown their species, quantity and dbh.
(d) The developer shall also provide a tree survey, prepared by a Florida licensed surveyor
of all trees six (6) inch dbh and larger, for which any mitigation credit is requested or
which are to be preserved in a Tree Preservation Area.

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property lines.
SECTION 12: That Chapter 34, “Procedures” Article II. “Legislative and Quasi-judicial”,
Division 3 “Master Plans”, Section 34-55 “Master Plan submittal” of the Land Development
Regulations, City of Titusville is hereby amended to read as follows:
Sec. 34-55. - Master Plan submittal.
(a) Master Plan submittal. A Master Plan is required for determination as to the internal
relationship between uses, activities proposed and their supporting systems and facilities.
The Master Plan shall also address the relation to surrounding uses, activities, systems and
facilities. The Master Plan shall, at a minimum, contain the following information as set forth
in the Development Review Procedures Manual, Section 6.1.
(1) Application and fee;
(2) Name of the proposed development, name or names of the developers, name of
owner, architect, landscape architect, surveyor, engineer and/or land planner;
(3) Location map, showing the relationship of the proposed development to the existing
and any proposed streets, and any other property owned by the sub-divider in that
vicinity.
(4) Survey of the parcel showing boundaries, total acreage, parcel numbers, legal
description and all encumbrances such as easements, rights-of-way, etc.
(5) Site data including parcel size, current zoning and future land use classification, lands
to be dedicated to public use, proposed easements, rights-of-way.
(6) Existing site characteristics including general information on site conditions and
characteristics including adjacent developments, wooded areas, location of
majorsurvey of all trees equal to or larger than six (6) inches dbh, existing utilities,
ditches, swales, wetlands and water bodies, flood zoned, topography, soils types, and
areas of critical concern. Note any variances or conditional use permits that have been
granted for the site.
(7) Proposed plan illustrating streets, lots, and other features such as common areas,
retention areas, parks, etc. Street layouts shall indicate the type of street and proposed

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rights-of-way. Lot layouts shall identify the proposed number of lots and proposed lot
sizes.
(8) The general layout of water, sewer and storm water systems including proposed
connections for water and sewer and the legal positive outfall location for the storm
water management system. Summary should include estimate of water allocation
permit quantities (total average daily water demand - gallons).
(9) Proposed phasing, if any, with projected build-out date.
(10) An analysis of the proposed project relative to the City's concurrency management
standards.
(11) Development plan identifying the location and acreage of each component and
district of the project, including the location and placement of proposed land uses by
type and density.
(12) Additional submittal requirements as set forth per the Development Review
Procedures Manual.
(13) Evidence of a community engagement meeting as outlined in Section 34-13,
Community Engagement is required prior to the item being advertised for the first
public meeting conducted by the City.
SECTION 13. GRANDFATHER PROVISION. All lawful existing development shall be

regulations:
plan, preliminary plat or final plat, including submittal of all required exhibits and payment of
all applicable fees and the application continues to remain active and processed consistent
with the requirements of the Code. No outside agency permits are required to comply with
this grandfathering provision.
(e) The City may recognize other applications for vested rights consistent with Chapter 34

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SECTION 14: SEVERABILITY. If any provisions of this Ordinance are for any reason
SECTION 15: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of

SECTION 16: EFFECTIVE DATE. This Ordinance shall be in full force and effect upon
SECTION 17: INCORPORATION INTO CODE. This ordinance shall be incorporated into
made.
PASSED AND ADOPTED this _________ day of ________________ 2021.
____________________________
ATTEST:
__________________________

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COUNCIL DIRECTION ON TREE PROTECTION ORDINANCE
Council Comment – July 16, 2019 Workshop Code/Technical Manual Reference

Per Summary of Action
Balance the environment and housing
Regulation of clear cutting was of tremendous Section 30-34, Ordinance
importance
Prioritize value of native plants, especially in land Section 30-34, Ordinance
clearing
Not getting everything we need at sketch plat Section 11.2, Environmental Protection
process Technical Manual
Would like more information about Village Grove at Previously provided to Council
La Cita
Supported requirement for larger trees in both Section 30-32, Ordinance
mitigation standards and landscaping standards Section 30-33, Ordinance
Section 30-34, Ordinance
Supported untouchables – tree preservation Section 30-32, Ordinance
requirements
“Don’t make tree removal so easy” Section 30-34, Ordinance
Supported balanced approach, comprehensive
look at what we were doing
Sketch plat – may be unsure how to use Section 11.2, Environmental Protection
information required as part of the decision making Technical Manual
process
Protect trees during construction Section 30-37, Ordinance
Section 2.5, Environmental Protection
Technical Manual
Would like a list of required mitigation species
Supported mandatory preservation of Section 30-32, Ordinance
“untouchable” trees
Supported canopy recovery within five (5) years
Concerned about cost of regulations and impact on
housing affordability
Trees should be on the front burner of
consideration when developing
Liked Woody Rice’s ideas of swales instead of Ordinance 40-2019 adopted 11/26/2019
curbs, reducing impervious surface LID Ordinance being developed
Concerned about heritage trees Section 30-32, Ordinance

Concerned about clear cutting (100% removal of Section 30-34, Ordinance
vegetation)
Appeared that 10% of native vegetation was not Section 30-34, Ordinance
being protected
Tree survey should be provided at sketch plat Section 11.2, Environmental Protection
Technical Manual
Wants to see mandatory preservation of heritage Section 30-32, Ordinance
trees; removed has to be approved by Council
More incentives for pervious pavement Ordinance 40-2019 adopted 11/26/2019
Page 1 of 2
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October 8, 2019 Council Meeting
Council Motion – October 8, 2019 Code/Technical Manual Reference

Bring the protection of trees more in line with
the tree survey
Include regulations that make sense
Review parking spaces to allow less Ordinance to be developed
pavement Pervious pavement Ordinance 40-2019
adopted 11/26/2019
Include administrative reductions Section 30-32, Ordinance
Increase penalties for removal of a protected Section 30-34, Ordinance
tree Section 31-71, Code of Ordinances
establishes fine not to exceed $250 per day
for each day violation exists
Include more plan developments
Address clearcutting Section 30-34
Motion:
A motion was made to allow Woody Rice an additional two (2) minutes to speak. Member Stoeckel
seconded the motion. The motion carried unanimously.
Mr. Rice recommended to evaluate the ecological and economic benefits of what would be proposed for
the ordinance.
Discussion ensued that included the pros and cons of forming an Ad Hoc Committee. Council made no
decision to form an Ad Hoc Committee.
Based on Council’s discussion and Community Development Director Busacca’s recommendations, staff
would prepare an ordinance to address the following items: bring the protection of trees more in line with
the tree survey; include regulations that made sense; review parking spaces to allow less pavement;
include administrative reductions; increase penalties for removal of a protected tree; include more plan
developments, address clearcutting, etc.
Community Development Director Busacca anticipated staff preparing the ordinance by approximately
January 2020.
In addition, staff would continue to work on the items that were more complicated to change and required
additional research.
Page 2 of 2
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COMPARISON OF CITY OF TITUSVILLE AND BREVARD COUNTY

LAND CLEARING AND TREE PROTECTION REGULATIONS
Requirement City of Titusville Brevard County Comment

Land Clearing
Land Clearing Permit All clearing, grubbing, Any land clearing
Required grading or excavation activities
Erosion control Vegetated buffers Vegetative buffers or COT erosion standards
created or retained other ground covers are determined by
along the banks of that retard erosion Administrator based
waterbodies, established or installed upon site conditions.
watercourses and within seven (7) days
wetlands to prevent after final grade
erosion. established or within
fourteen (14) days
after the last
construction activity
has occurred.
Tree Protection
Tree survey Required before Required prior to any COT states that trees
obtaining clearing land clearing activities. with 4” DBH or greater
permit, building are protected, but tree
permit, preliminary survey is required to
plat approval or site show location of trees
plan. 6”or greater in trunk
diameter.
Survey provided by Survey prepared by
registered land professional land
surveyor, landscape surveyor.
architect or certified
nursery professional.
Survey shall include: Survey shall include:

Location of trees six (6) All existing protected
inches or more in trunk trees and canopy
diameter; cover, identified as to
Designation of trees to species and DBH.
be removed, retained
or replaced; If application for
Designation of building permit,
diseased or trees subdivision or site plan,
hazardous to proposed survey will include
improvements; description of all
Designation of trees existing trees, native
which may be vegetation and native
adversely impacted by communities to be
preserved.
Page 1 of 5
Page 74 of 80

proposed grade
changes; and
Additional
requirements for
subdivisions.
Tree removal Permit required for Tree canopy
trees 4” or greater DBH preservation 10% of
where redesign to the area of alteration.
avoid tree removal is
not feasible.
Sufficient evidence
must be provided to
Administrator to
substantiate the need
for any tree removal.
Protected tree Hardwood tree with
definition 10” or greater DBH
located on mainland or
Merritt Island; or
softwood tree (such as
pine) with 14” or
greater DBH; or1.5”
DBH or greater on
barrier island.
Specimen tree No requirement Tree may be COT does not define
requirements considered specimen specimen tree.
tree based on size, age,
rarity, or special or
ecological significance.
Include canopy trees

with 24 inches or
greater DBH, and
understory trees of 10
inches or greater DBH.
Canopy standards COT has not adopted Single family lots 2.5
canopy cover acres or less are
standards. exempt from canopy
coverage.
Residential,
commercial, industrial
and public
developments preserve
canopy equal to 10% of
Page 2 of 5
Page 75 of 80

area of alteration;
plant to achieve
additional 10% canopy
cover for a total of
20%.
Industrial
developments preserve
canopy equal to 10% of
area of alteration;
plant to achieve
additional 5% canopy
for a total of 15%
canopy.
Tree root protection Trees to be preserved Establishes minimum COT “critical root zone”
standards must be barricaded area for tree root defined based on DBH,
during construction protection, based on rather than dripline.
activities. Barricades tree size or dripline.
required 10’ from COT does not establish
protected tree or 20’ Establishes minimum standards for planting
from canopy tree. planting area for area or minimum
No storage of materials preserved and planted distance between
or vehicles on root trees and minimum trees.
systems. Barricades distance between trees
may only be removed based on tree species
for final landscaping size.
activities.
Canopy over
Trees with critical root impervious surface
zone that would counts toward
preclude development requirement if tree
can be removed based root protection
on evidence provided requirements are met.
by developer.
Native Species/ Florida
Friendly
Native species Utilization of native At least 50% of trees COT does not require
requirement species is encouraged. required for preservation or
preservation and plant planting of native
shall be native species. species.
Florida Friendly No Yes Staff is developing
Landscape Florida Friendly
Requirements Landscape regulations
for Council
consideration
Page 3 of 5
Page 76 of 80

Preservation of Not specifically One hundred (100)
vegetation of special identified square feet of land
concern containing rare and
endangered species,
mangroves, hardwood
hammock, cypress
dome, sand pine scrub
or adjacent to scenic
vista or public highway
Mitigation
Mitigation Mitigation plan Mitigation standards As a last resort, if the
required for removal of are specified as to size site cannot
all major trees (20 and number of trees accommodate required
inches or greater DBH) and canopy cover. plantings, contribution
to provide two-to-one to the City of
(2:1) replacement Specific mitigation for Titusville’s Public
based on tree caliper specimen trees based Landscaping Trust Fund
lost. on species and size. is required.
Mitigation may be
satisfied by replanting
at a 2:1 ration,
preserving additional
vegetation, or payment
into trust fund.
Tree mitigation fund Cost of tree mitigation Fines for land clearing County does not
option is $100 per net caliper violations shall be provide mitigation fund
inch lost. Reduced to deposited in arbor option; County’s arbor
$75 per net caliper lost trust fund. trust fund established
when trees are logged, for land clearing
in lieu of burning. violation fines.
Delineation of Relocation areas Areas of restoration,

Restoration, permanently protected replacement or
Replacement or in recorded plat relocation permanently
Relocation Areas condition or recorded on plat.
declaration of
covenants.
Exemptions
Exceptions to Removal of nuisance Removal of nonnative
Requirement to Obtain trees or trees planted invasive or undesirable
Permit for sale by licensed species or bona fide
professional. agricultural activity.
Emergency conditions, Emergency conditions.

such as hurricanes.
Page 4 of 5
Page 77 of 80

Exemptions for single Tree removal permit Single family lots with COT does not require
family lots not required for single CO exempt from minimum landscaping
family residential lot canopy and be maintained one (1)
one (1) year after CO. preservation year after CO.
requirements if
minimum landscaping COT has not adopted
requirements and/or specimen tree
specimen tree regulations.
requirements are met
(dependent upon lot
size)
Penalties
Enforced through code Enforced through code COT does not
enforcement. enforcement and civil specifically include civil
penalty. penalty.
Removal of each COT does not specify

protected tree or removal of each
clearing of quarter acre protected tree or
is a separate violation. amount of clearing as
separate violation.
Appeals
Provision of payment Appeals considered by
into the Public the Board of
Landscaping Trust Fund Adjustment or Board of
not be eligible for a County Commissioners,
variance. depending on type of
appeal.
If appeal to
Administrator’s
determination is
granted by BAA, the
applicant shall make
the required payment
into the Public
Landscaping Trust
Fund.
Page 5 of 5
Page 78 of 80
Jurisdiction Residential Commercial Industrial

North Port, FL 35% at maturity 35% at maturity 35% at maturity
Brevard County 10% preservation 10% preservation 10% preservation
20% total in area of 20% total in area 20% total in area

alteration of alteration of alteration
16% where contiguous, 16% where 12% where

continuous preservation is contiguous, contiguous,
appropriate continuous continuous
preservation is preservation is
appropriate appropriate
Apopka % based on existing tree % based on % based on
canopy existing tree existing tree
canopy canopy
19% where existing canopy
is 100% 7% where existing 3% where existing
canopy is 100% canopy is 100%
17% where existing canopy
is 60% 7.2% where 3% where existing
existing canopy is canopy is 60%
7.8% where existing canopy 60%
is 20% 1.4% where
3.4% where existing canopy is
existing canopy is 20%
20%
Palm Bay N/A N/A N/A
West Melbourne N/A N/A N/A
Cocoa N/A N/A N/A
Melbourne N/A N/A N/A
Temple Terrace 25% of area 25% of area 25% of area
Collier County - Except in Rural Fringe Mixed 10% native 10% native
Native vegetation Use, single family residents vegetation vegetation
defined as exempt from native preservation if less preservation if
vegetative vegetation retention than 5 acres; 15% less than 5 acres;
community have requirements if more than 5 15% if more than
25% percent or acres 5 acres
more canopy Residential and mixed use –
10% native vegetation
preservation if less than 5
acres, 25% preservation if
greater than 5 acres in
coastal high hazard area
and 15% in non-coastal high
hazard area
Page 79 of 80
St. Cloud Single-family, duplex and Sixty (60) inches Sixty (60) inches
townhome - Sixty (60) inches (measure in dbh) per (measure in dbh) per
(measure in dbh) per acre on acre acre
common tracts and/or right-of-
way
Multi-family - Sixty (60) inches
(measure in dbh) per acre
Lauderhill N/A 18% within two (2) 18% within two (2)
years of planting years of planting
Indian 15% of native vegetation with 15% of native 15% of native
River intact canopy, understory and vegetation with intact vegetation with intact
County ground cover canopy, understory canopy, understory
and ground cover and ground cover
Page 80 of 80

Special City Council Meeting - Tree Ordinance

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Special City Council Meeting - Tree Ordinance

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SPECIAL

CITY COUNCIL MEETING

TO: The Honorable Mayor and City Council

FROM: William S. Larese, City Manager

July 20, 2021 AT 5:30 PM

Council Chamber at City Hall, 555 South Washington Avenue, Titusville, FL

The purpose of this meeting is as follows:

To: The Honorable Mayor and City Council

Summary Explanation & Background:

Attached are the following draft ordinances:

The following information is also attached:

Source/use of funds/Budget Book Page:

Strategic Plan Impact:

ORDINANCE NO. XX-2021

Tree Ordinance - Staff Second Recommendation

WHEREAS, the Planning and Zoning Commission considered the recommendations of

Section 1: That Chapter 30 “Development Standards”, Article II “Environmental”,

Significant Native or IFAS-designated Greater than fourteen (14) inches

Tree Ordinance - Staff Second Recommendation

Section 3: That Chapter 30 “Development Standards”, Article II “Environmental”, Division 2

Tree Ordinance - Second Staff Recommendation

Sec. 30-32. - Criteria for removal.

Tree Ordinance - Second Staff Recommendation

Section 4: That Chapter 30 “Development Standards”, Article II “Environmental”, Division 2

Tree Ordinance - Second Staff Recommendation

the relocation or replacement as determined by the Administrator. Replacement trees shall

Section 5: That Chapter 30 “Development Standards”, Article II “Environmental”, Division 2

Tree Ordinance - Second Staff Recommendation

Tree Ordinance - Second Staff Recommendation

Section 6: That Chapter 30 “Development Standards”, Article II “Environmental”,

Tree Ordinance - Second Staff Recommendation

Tree Ordinance - Second Staff Recommendation

Tree Ordinance - Second Staff Recommendation

Table 30-7: Landscape Credits

Plant Material Minimum size Equivalency

Minimum 4-inch Equals 200 square feet of approved mixed

Minimum 2½—3-inch Equals 200 square feet of approved mixed

Tree Ordinance - Second Staff Recommendation

Tree Ordinance - Second Staff Recommendation

PASSED AND ADOPTED this _________ day of _________________ 2021.

Tree Ordinance - Second Staff Recommendation

ORDINANCE NO. XX-2021

Tree Ordinance - P&Z Recommendation

WHEREAS, Florida’s Urban Forest: A Valuation of Benefits (University of Florida Institute of

Section 1: That Chapter 30 “Development Standards”, Article II “Environmental”,

Tree Ordinance - P&Z Recommendation

(5) Canopy, Preserved – Existing canopy that will be preserved on a site.

(9) Tree Professional – Recognized knowledgeable individual, knowledgeable in the

Tree Ordinance – Final P&Z Recommendation

Significant Native or IFAS-designated Greater than fourteen (14)

Tree Ordinance – Final P&Z Recommendation

Section 2: That Chapter 30 “Development Standards”, Article II “Environmental”, Division 2

Development Type Total Tree Protection Area as Tree Protection Area

Tree Ordinance – Final P&Z Recommendation

(f) Tree Protection Area Requirements

Tree Ordinance – Final P&Z Recommendation

(g) Tree Protection Area Allowances

Section 3: That Chapter 30 “Development Standards”, Article II “Environmental”, Division 2

Tree Ordinance – Final P&Z Recommendation

Tree Ordinance – Final P&Z Recommendation

Tree Ordinance – Final P&Z Recommendation

Section 4: That Chapter 30 “Development Standards”, Article II “Environmental”, Division 2

Tree Ordinance – Final P&Z Recommendation

Section 5: That Chapter 30 “Development Standards”, Article II “Environmental”,

Tree Ordinance – Final P&Z Recommendation

Tree Ordinance – Final P&Z Recommendation

Section 6: That Chapter 30 “Development Standards”, Article II “Environmental”,

PASSED AND ADOPTED this _ day of _________ 2021.

PASSED AND ADOPTED this _ day of _________ 2021.

PASSED AND ADOPTED this _ day of _________ 2021.