§ 3.11. SPECIAL TREE PROVISIONS

This Code requires tree protection measures additional to those of the City of Gulfport Tree Protection Ordinance. The provisions of this section shall not amend or repeal any portion, part, or provision of the Gulfport Tree Protection Ordinance. In the event of conflict between the provisions of this section and those of the Gulfport Tree Protection Ordinance, the stricter shall apply.

3.11.1  Tree Protection Plan. Each plan submitted under this Code shall include a Tree Protection Site Plan showing and describing generally wooded areas of the site and any specimens of 16-inch caliper or greater, measured at 3 feet above grade, on the site. The plan shall also show in detail by species and size all existing trees over 12 inches caliper, measured at 3 feet above grade, within 20 feet of areas where street construction or other improvement is planned. Clusters of more than 5 such trees within a 15-foot radius may be represented in group on such plan, however every tree of 16-inch caliper measured at 3 feet above grade must be indicated individually. Such plan shall indicate all trees 12-inch caliper or greater which are proposed to be removed. The plan shall also similarly depict the area within 100 feet of each tree of 16-inch caliper or greater which is to be removed within the construction zone, identifying all trees 12-inch caliper or greater within that 100-foot radius so that potential alternate routes can be evaluated. No trees shall be removed before initial plan approval, under penalty of replacement according to the stricter requirements of Section 5.13.

3.11.2 Tree removal for construction of streets and improvements shall be allowed only on written notice of SmartCode Planning Approval by the Planning Commission subject to the following requirements:

a.

Street layout shall be adjusted whenever possible to preserve larger trees and rare species.

b.

No tree over sixteen-inch (16") caliper measured 3 feet above grade shall be removed except by Warrant.

c.

All tree removals shall be subject to the requirements of the City of Gulfport Tree Protection Ordinance where they are stricter than those of this Code.

d.

No trees more than 10 feet beyond the planned right-of-way for streets and improvements shall be removed except in accordance with the requirements of Article 5. Trees within the blocks and future lots defined by planned streets shall not be removed or damaged except in accordance with the requirements of Article 5.

e.

Every tree 16-inch caliper or greater which is removed shall be replaced with minimum 3-inch caliper trees of the same species in sufficient number that the total caliper measurement of the replacement trees shall equal or exceed the caliper measurement of the removed tree. Trees of species described in 3.11.2h are exempt from the replacement requirement.

f.

For rare, unusual, or otherwise valued trees of 12-inch caliper or greater but less than 16-inch caliper the CRC may require replacement with the same species in sizes and numbers to be determined by Warrant.

g.

All replacement trees shall be planted in planned Civic Spaces or on lots planned for Civic Buildings. Replacement trees may be placed on planned Private Frontages by Warrant. Subject to approval by Warrant, where sites are heavily wooded or suitable permanent sites are not available, replacement trees may be planted in other Community Planning Areas within the City having Official Community Plans as street trees or in Civic Spaces, with substitution of species to accommodate the requirements of the relevant Official Community Plan approved by Warrant.

h.

Notwithstanding 3.11.2a, b, c, d, e, and f, any trees or scrub of any size of the following species, or of species included on a list approved and maintained by the City Arborist, are deemed undesirable and shall be removed on account of their invasive or otherwise problematic character: Sabium sebiferum (Chinese Tallow Tree, Popcorn Tree), Cinnamomum camphora (Camphor Tree), Quercus nigra (Water Oak), Ligustrum sinense (Chinese Privet).

3.11.3 Removal of trees contrary to the provisions of this Code shall require replacement at the rate of 2 caliper inches of in-kind replacement, measured at 3 feet above grade, for every caliper inch inappropriately removed, measured at the top of the residual stump or 3 feet above grade or as estimated by the City Arborist, with replacement trees of at least 2-inch caliper, to be adjusted by Warrant.

3.11.4 It shall be unlawful for any person, firm, organization or society to violate the provisions of this article. The removal or destruction of each protected tree shall constitute a separate offense under this article, and said violation or violations, if deemed by the City Arborist to be willful, may in addition to the penalties provided by 3.11.3 be prosecuted and punishable in accordance with Section 1-9 of the City of Gulfport Code of Ordinances.

(Ord. No. 2558, § 1, 10-17-07)