Tallahassee, FL
Article IV. Development Standards
Section 5-81 Conservation and preservation
area development standards.
The Tallahassee ordinance defines certain areas as conservation or preservation areas which require developers to mitigate adverse effects on the environment. Areas that fall into the preservation category include unaltered wetlands, native forests, severe grades, and habitats of endangered species, threatened species and species of special concern, archeological sites and historic sites. Development in these preservation areas is prohibited and a conservation easement is required. Passive recreation is allowed in these areas as long as there is no interference with the ecological functioning of the preservation area and the design limits impact to the vegetative cover. The code is very specific as to restrictions for each of these preservation areas indicating the importance of protecting these areas.
Unaltered wetlands, water bodies, undisturbed floodplains, floodways and water courses must have a minimum natural buffer of at least 50 feet; these easements must be dedicated to the city. Native forests are required to have a 25’ conservation easement that must be dedicated to the city. Severe grades are defined by an area in which any two, 1’ contour lines has a slope greater than 20%. Areas of severe grades are placed into conservation easements to minimize erosion, protect water quality, and maintain existing vegetation. Areas of less than ¼ acre are exempt from this requirement. Properties that contain severe grade areas must install a heavy duty silt barrier for sediment and erosion control, the requirements of this must match the Florida Department of Transportation’s “Roadway Traffic Design Standards as well as the Florida Department of Environmental Regulation’s “The Florida Development Manual: A Guide to Sound Land and Water Management.” Habitats of endangered and threatened species areas may be mitigated provided that scientific research or acceptable expert testimony is cited and that the mitigation area is appropriate for the Tallahassee area and will result in a net benefit for the species. Conservation areas dedicated to the city are required for the mitigation areas. Archeological and historic sites must undergo a cultural resource assessment which musty be submitted to the state bureau of historic preservation.
Conservation areas include altered wetlands, altered floodplains, closed basins, significant grade areas, high quality successional forests, active karst features (sink holes), canopy roads and special development zones. Development activity is allowed within these areas unlike preservation areas. Although development activity is allowed within conservation areas, the developer must demonstrate that proposed amenities will not alter the natural processes of the site.
The Tallahassee code in addition to preservation and conservation areas specifies special development zones. Special development zones are areas determined by a commission to be environmentally sensitive areas adjacent to water courses or receiving water bodies as well as other sensitive areas that affect the watershed. The special development areas prohibit land use that may adversely affect water quality such as manufacturing or assembly plants, laundries and dry cleaning, car washes, food processing, automotive sales, etc. All vegetation within these zones shall also be protected in a natural state excluding invasive vegetation listed on the Florida Exotic Pest Plant Council’s list. A vegetation management plan is required for the purpose of improving environmental functions.
Areas that are not included in any of the above mentioned areas that are close to a list of water bodies that are to be developed must follow a set of Best Management Practices. Each of the areas on the list has unique requirements that must be met.
The Tallahassee code has requirements for tree protection and removal. The city provides a list of protected trees that shall not be removed, impacted or damaged without approval obtained from a environmental management permit. The code lists specific guidelines for each type of protected tree. The code provides specific details for protection of existing trees.
All sites other than residential must meet a reforestation requirement. A minimum of 40 tree credits per acre of development must be planted. If there is insufficient space on the property, the trees may be planted in approved public sites or a monetary equivalent may be paid to the city for use in public landscaping projects. Credit for existing, protected trees is given based on the class of the tree and the size. This code uses four classes of trees unlike many other codes which use only class “A” and class “B” designations. Class “C” and class “D” trees receive significantly more tree credits. For example, a 2-3” class “A” tree receives 1 credit, a class “B” tree receives 3 credits, Class “C” receives 5 credits and class “D” receives 6 credits. The usual standard using the two class standard is based primarily on the size of the tree. A class “A” tree would be a live oak, while a crape myrtle would be considered a class “B” tree. The Tallahassee list is much more environmentally sensitive in its delineation of tree classes. Class “A” trees are native and selected non-native trees such as Sweet gums and water oaks. Class “B” trees have similar characteristics to class “A” trees but are less common such as pond pines and saw tooth oaks. Class “C” trees are long lived native species that are unavailable commercials such as ironwood and basswood. Class “D” trees are uncommon or rare midstory and understory native trees such as fringe trees and eastern hophornbeam.
The Tallahassee Landscape Code is primarily geared towards environmental protection. Many codes state this as their purpose, but rarely define so thoroughly how this goal is to be implemented. This code leaves very little to question with the enormous amount of standards in all areas from wetland protection, to vehicular use are requirements. The intent to protect nature is overwhelmingly obvious in each of these standards. This code is also significant in the fact that is realizes that adverse environmental impacts can happen from adjacent land uses and treats areas in terms of ecosystems rather than by man made property boundaries. This code while very long and exhausting to read, is a superb example of a communities efforts to protect its natural environment with significant, well defined methods.
Dan Farrah