1. The amendment would establish TREE PROTECTION STANDARDS that would apply to new development, both residential and commercial.
   2. Existing single-family homes would remain EXEMPT.
   3. Only native trees (longleaf and slash pine, live and laurel oak)and the Cabbage Palm, having a diameter of 10 inches or larger would be considered a protected tree.
   4. Should a protected tree be removed during development, its replacement would be subject to mitigation which would include applying CONSERVATION CREDITS from the trees that were not removed from the site. *These MINIMUM TREE PROTECTION STANDARDS would lead to a true balance between preservation of the existing tree canopy and compensation for tree removal due to development by planting replacement trees in order to maintain the tree canopy for the benefit of all North Port residents.

   Please join us in our efforts to preserve and maintain the natural beauty of North Port. We encourage you to read the amendment summary and to sign the petition. The complete proposed amendment will be available at all petition tables and at: www.peoplefortrees.com More info.-Alice White at 426-9752 or Valerie Ollinger at 423-4207

   The proposed tree protection amendment would set tree protection standards that would apply to all development (commercial and residential)and that would protect certain native trees (longleaf pine, southern slash pine, live oak, laurel oak) and the Cabbage Palm that have a diameter at breast-height (d.b.h.) of at least 10 inches, by designating them as protected trees. In addition, any tree identified as an invasive species will not be protected. Protection measures would have to be employed for the protected trees on a construction site as recommended by the National Arbor Day Foundation. However, should a protected tree need to be removed, or subsequently dies within six months from the date the Certificate of Occupancy is issued, the tree would have to be replaced, on-site if practicable, at a ratio of 1:3, except for Live Oaks, which would have to be replaced at a ratio of 1:1 (being that Live Oaks can live upwards to 500 years) Replacement trees would have breast-height diameters (d.b.h.) of no less than two inches. In other words, should a protected tree other than a Live Oak with a d.b.h. of eighteen inches be removed, it would have to be replaced with trees whose trunk diameters total six inches, with each tree's d.b.h. being no less than two inches. If the replacement trees cannot be planted at the construction site, the developer may plant the replacement trees at an off-site location, or contribute the monetary equivalent of the cost of the replacement trees to the City of North Port's Tree Fund. "Conservation credits" for preserving any designated native tree ( as listed above ) yet that is non-protected (because of its size) can be applied towards the actual replacement requirements.    Existing single-family homes will remain exempt, as will property used for bona fide agricultural purposes, under these tree protection minimum standards set forth in this proposed amendment.

   Why is this so important? Because trees: *provide oxygen * provide shade, lower temperatures, and help conserve energy. *filter dust and particles from the air. *cleanses stormwater runoff. *buffer noise and reduce glare. * provide habitats for wildlife. *help prevent soil erosion *are needed for flood control. *provide privacy *help to offset the harshness of the concrete and asphalt found in communities. *protect and enhance property values. * serve as windbreaks

2002 by North Port Citizens for Tree Protection/ Paid Pol.Adv.provided in-kind by "People for Trees, Inc."

PETITION FOR CHARTER AMENDMENT
MINIMUM STANDARDS FOR TREE PROTECTION,
CONSERVATION, AND MITIGATION DURING DEVELOPMENT

   I, the undersigned, am a registered elector and qualified voter of the incorporated City of North Port, Florida, and I hereby petition and propose (1) that the following question be placed on the ballot and (2) that the Charter of the City of North Port be amended as set forth below.

   Shall the Charter of the City of North Port be amended to add a new article to the Charter as follows: "Article 19. MINIMUM STANDARDS FOR TREE PROTECTION, CONSERVATION, AND MITIGATION DURING DEVELOPMENT.

   Section 19.01. Findings, Intent, and Purpose. The loss of mature and maturing tree species during the clearing of land for development has an Adverse effect on the environment. Many communities throughout the United States require tree protection and conservation during development, and reasonable mitigation for the loss of trees as a consequence of development. The presence of trees aids in energy conservation by cooling the atmosphere, reduces air pollution by removing particles such as dust and pollen, increases oxygen production, slows surface water runoff, reduces soil erosion, provides food, nesting sites and protection for wildlife, enhances scenic beauty, and provides many other environmental benefits. The minimum standards set forth in this article for tree protection, conservation, and mitigation during development are desirable environmental goals that will advance the quality of life for North Port residents. Furthermore, these minimum standards should be balanced with the rights of owners of single-family residential and such property rights should be protected. The intent and purpose of this article,consistent with the foregoing findings, is to establish the standards set forth in this article as minimum standards for the City of North Port so as to promote the health, safety, and welfare of the current and future residents of the City of North Port.

   Section 19.02. Definitions. The following definitions apply to words or phrases in this article.    a. Bona fide agricultural purposes. The term "bona fide agricultural purposes" shall mean the use of land for bona fide agricultural purposes as described in Section 193.461, Florida Statutes, provided the land is classified for assessment purposes by the property appraiser as "agricultural" pursuant to Chapter 193, Florida Statutes.

   b. Breast Height. For purposes of measurement, the term "breast height" shall mean the measurement of a tree's trunk four and one-half feet above ground level.

   c. Caliper. The term "caliper" shall mean the measurement of a tree trunk's diameter in inches at a height six inches above the ground for trees up to and including four inches in caliper, and at a height twelve inches above the ground for trees exceeding four inches in caliper.

   d. Developer. The term "developer" shall mean any individual, corporation, partnership, joint venture, agency, estate, trust, business trust, syndicate, authority or other entity, including any public agency, authority or entity, that clears land in whole or in part for purposes of development.

   e. Development site; exceptions for land in bona-fide agricultural use, cemeteries, and existing single-family residential lots. The term "development site" as used it his article shall mean any land area which is being cleared for any horizontal or vertical improvements or construction. However, the term "development site" shall not include (a) any land area that is being used for bona-fide agricultural purposes, (b)cemeteries, or (c) any lot on which either a single-family dwelling or mobile home is located that meets the exemption criteria described in Section 19.02 of this article.

   f. Diameter at Breast Height (dbh). The term "dbh" shall mean the measurement of a tree trunk's diameter in inches at breast height. For trees with less than four and one-half feet of clear-trunk, diameter shall be of the largest leader measured four and one-half feet above ground level. For multi-trunk trees it shall be the sum of the individual trunks measured four and one-half feet above ground level.

   g. Mitigation tree (replacement tree). The terms ³mitigation tree² and ³replacement tree² shall mean a Live Oak (Quercus virginiana), Laurel Oak (Quercus hemispherica), Longleaf Pine (Pinus palustris), Slash Pine (Pinus elliottii), Red Maple (Acer rubrum), Loblolly Bay (Gordonia lasianthus), Florida Elm (Ulmus americana),Bald Cypress (Taxodium distichum), Sweet Gum (Liquidambar styraciflua), Southern Magnolia (Magnolia grandiflora), Red Cedar (Juniperus silicicola) as well as any indigenous tree that reaches a height at maturity of at least 45 feet and a spread at maturity of at least 30 feet.

   h. Preserve Area. The term "Preserve Area" shall mean any vegetative area required to be preserved under the jurisdiction of the Florida Department of Environmental Protection, the Southwest Florida Water Management District (SWFWMD), or the United States Army Corps of Engineers.

   i. Protected Tree; exceptions for certain species. The term ³protected tree² shall mean a tree with a diameter at breast height (dbh) of 10 inches or more, and any tree with a smaller diameter that is utilized by a developer as a tree conservation credit or that is planted by a developer to meet mitigation requirements. A protected tree shall be only from the following species: Longleaf Pine (Pinus palustris), Slash Pine (Pinus elliottii), Live Oak (Quercus virginiana), Laurel Oak (Quercus hemispherica), Cabbage Palm (Sabal palmetto).

   j. Tree conservation credits. The term "tree conservation credits" shall mean the aggregate number of dbh-inches for those trees that are at least 2-inches dbh that are preserved on the development site with the exception of the Cabbage Palm and are identified for preservation by the developer on a registered tree survey; Cabbage Palms preserved on the site shall receive tree conservation credits equal to one-fifth of their total dbh. However, notwithstanding the foregoing, there shall be no tree conservation credits for (a) any tree identified as an invasive species, terrestrial weed or noxious weed by the Florida Department of Environmental Protection, Sarasota County Environmental Services, or the Southwest Florida Water Management District or (b) any tree located in a Preserve Area. If any such tree or trees do not survive for a period of three years after the end of the development activities (issuance of acertificate of occupancy), the developer shall replace the same or shall pay a monetary contribution to the City of North Port's Tree Fund in the manner described in Section 19.03 (c)(ii) of this article.

   Section 19.03 (a)(b)(c). Tree Protection and Conservation; Mitigation for Loss or Destruction of Protected Trees during Development. During the clearing of land for development purposes, protected trees shall be conserved on the development site. To the extent that protected trees are lost or destroyed as a result of the clearing of a development site, the developer shall mitigate for their loss or destruction by the planting of replacement trees as follows:

   (a) The total dbh-inches of replacement trees required to be planted shall equal
   (i) the total number of dbh-inches of protected Live Oaks (Quercus virginiana) lost or destroyed on the development site, plus
   (ii) one-third of the total number of dbh-inches of other protected trees lost or destroyed on the development site with the exception of the Cabbage Palm, plus
   (iii) one-fifth of the total number of dbh-inches of Cabbage Palms lost or destroyed on the development site, less
   (iv) the total dbh-inches for the tree conservation credits for those trees preserved on the site that qualify for tree conservation credits as defined in this article.
   (b) The required amount of replacement trees shall be planted, established, and nurtured on the development site to the extent determined practicable by the developer, provided that such trees shall be at least two dbh-inches and shall be planted no closer than ten feet to any other tree.
   (c) To the extent that the developer is unable to, or fails to, plant the required number of replacement trees on the development site, the developer shall complete the mitigation requirements
   (i) by planting, establishing, and nurturing the balance of the required amount of replacement trees at some other site in the city of North Port, sometimes referred to as off-site mitigation, provided that such trees shall be at least two dbh-inches and shall be planted no closer than ten feet to any other tree, and/or
   (ii) paying a monetary contribution to the City of North Port's Tree Fund for the total dbh-inches of required replacement trees that are not planted on the development site or at some other site in the City of North Port. For each dbh-inch, the contribution amount shall Equal the lesser of (x) eighty-five dollars or (y) one-half of the median wholesale price published by nurseries located within Sarasota County, for a container grown two dbh-inch Live Oak calculated as of October 1 of the prior calendar year. The contribution amount shall be recalculated annually by the City of North Port at or before the beginning of each calendar year.

   Section 19.04. Tree Fund. All monetary contributions paid to the City of North Port's Tree Fund pursuant to Section 19.03 (c)(ii) of this article shall be used exclusively for the planting or replanting of mitigation trees along the public right-of-ways and public lands within the City of North Port so as to mitigate for the loss or destruction of protected trees during development.

   Section 19.05. Enforcement. The City of North Port and any governing body of an urban service district may bring a civil action to enforce and compel compliance with the provisions of this article. In addition, any to enforce or compel compliance with the provisions of this article. Any person or entity bringing an action to enforce the provisions of this article shall be entitled to recover reasonable attorney's fees if such person or entity is the prevailing party.

   Section 19.06. Single-family and Mobile Home Exemption. This article shall not apply to any individual lot on which either a single-family dwelling or a mobile home is located, provided (a) the lot is not capable of further subdivision under applicable law and (b) the single-family dwelling or mobile home is (i) occupied and used for residential purposes, or(ii) capable of occupancy in compliance with applicable law.

   Section 19.07. Protection of Private Property Rights. This article shall not apply to any property or person to the extent that its application would constitute an unconstitutional taking of private property in violation of the Florida Constitution or the United States Constitution.

   Section 19.08. Severability; Savings Clause. The provisions of this article are severable. If any section, subsection, sentence, clause, phrase, or portion of this article is held invalid or unconstitutional, in whole or in part, and as to any person or persons or state of fact or facts, by any court of competent jurisdiction, then the remainder of this article shall remain in full force and effect to the maximum extent possible.

   Section 19.09. Dwellings and Mobile Homes. No owner of any single-family dwelling or mobile home that is exempt under Section 19.06 of this article shall be limited in any way in connection with the removal of any tree that is located on such property. The owners of such single-family dwellings and mobile homes shall be free from the tree protection, conservation, and mitigation provisions set forth in this article."