FINAL Street Trees - Canopy and Palm

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December 9,
Street Trees – Canopy and Palm – Replacement Guidelines
Many of the canopy trees that the County required to be planted along our neighborhood streets
have outgrown our relatively small lots. In addition, a number of the palm trees originally planted
by the developers along the streets of Lakewood Ranch have either outgrown, or will soon
outgrow, our neighborhoods. In both cases, they are now presenting homeowners with significant
maintenance issues. This plan outlines the process that a neighborhood, or even an individual
resident, can follow to identify, remove, and replace these problem trees. This process takes some
time to complete, and we ask that the reader study this document carefully before taking any
action.
This process has been developed using recent, real-life replacement projects involving street trees
in neighborhoods within CDD 2 & 5, consultation with the City of Bradenton Forestry
Management Department, the CEVA and CDD Boards, the Operations Department, and the
CEVA Landscape & Maintenance Committee.
BACKGROUND
I. Why do we have street trees?
II. Which trees are street trees?
III. Who owns street trees?
IV. Who is responsible for maintenance?
V. Considerations and options
I. Why do we have street trees?
When Lakewood Ranch was developed, Manatee County required that each individual developer/
builder plant a specific number of street trees.
“The benefits of trees to the overall quality of life include the tangible benefits of clean air,
noise reduction, temperature modification and visual enhancement, but they also provide
greater benefits related to enhanced community spirit and well being” – Manatee County
Environmental Planning Division.
To achieve an attractive and consistent look, developers used frontage and lot sizes when
determining the best placement for each tree. At the time, Washington palms and Live Oak trees
were thought to be the best and most attractive choices. We have learned over time that these trees
present certain problems as they mature and therefore require attention. Specifically, this includes:
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Washington palms – grow too tall for practical maintenance including brown frond
removal, often reaching 80+ feet, and can be ungainly and out of scale for the surrounding
residential structures, as well as being susceptible to lightning strikes due to their height.
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Live Oaks – have root systems that can cause damage to yards, sidewalks, driveways,
roadways, home foundations and underground utilities in addition to being relatively
“messy”.
II. Which trees are street trees?
Street trees are either canopy trees or palm trees that are planted within or directly adjacent to the
District’s easement along roadways (the roadway bed, including the sidewalk, having being
dedicated by plat to the CDD for use by the public). District easements typically extend 11 feet
into the homeowners’ property from the curb, 25 feet from the center of roadway.
Street trees are required by Manatee County. Street trees are regarded as an integral part of the
urban infrastructure, and are to serve as canopy along roadways within communities.
Street trees can be divided into two distinct categories in Lakewood Ranch: Canopy trees and
Palm trees. We currently have the following species within our communities:
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Live Oaks and Laurel Oaks
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Eagleston Holly – Weston, Sandhills
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Walter’s Viburnum – Sandhills
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Simpson Stopper – Sandhills
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Washington palms
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Queen palms – Edgewater
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Foxtail palms – Mizner Reserve, Brier Creek, Presidio
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Medjool Date palms – Vilamoura
Certain neighborhoods may have a single species of street tree, while others may have a
combination of both canopy trees and palms. In most cases where Washingtons are planted, they
are planted in groups of two.
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NOTE: Street trees, as addressed in this document, are not to be confused with trees that are
planted in common areas. Common areas (i.e. entrances to neighborhoods, cul-de-sac islands,
land at the end of a neighborhood street, etc.) are the responsibility of the Operations Department
and under the jurisdiction of the appropriate CDD Board of Supervisors. (See Appendix A)
III. Who owns street trees?
Street trees belong to the homeowner. Pursuant to Section 715.3.4 of the Manatee County Land
Development Code regarding residential street trees:
“Responsibility for installation and initial maintenance is the developer’s on all common
areas within the project. Responsibility for the property owner’s installation and maintenance of
trees shall be placed within the Homeowner’s documents and/or Deed Restrictions governing the
developments. Such trees shall be installed prior to Certificate of Occupancy for each individual
unit.”
Ownership vs. Jurisdiction is an important distinction. The homeowner owns all of the street trees
(palm and canopy) on his/her property. For those neighborhoods that have dual street palms (e.g.
Washingtons), in most cases, the one closest to the roadway is within the District’s easement.
Accordingly, the District has jurisdiction and the authority to: remove, replace and maintain (more
under maintenance) those trees within that easement. [Please refer to your District’s current plans
regarding this tree.] The street palm located nearest to the home and outside the easement is the
homeowner’s “private property”. Almost all canopy trees appear to be on “private property.” [ Be
advised that Modifications Committee approval is required before any tree is removed and/or
replaced. ]
IV. Who is responsible for maintenance?
Homeowners are responsible for the fertilization and irrigation of all street trees on their property,
including any within the District’s easement. This is pursuant to applicable provisions of the
CEVA Declaration, including Article VI, Section 4:
“…Each Owner shall maintain, in accordance with the standards set forth in this Article,
the Exclusive Common Areas located between (i) the street-side boundary line(s) of the Owner’s
Lot (i.e., where applicable, the edge of the common sidewalk closest to the Unit) and the edge of
the street’s pavement and (ii) the projections of the side boundary lines of the Lot to such
pavement’s edge… Without limiting the generality of the foregoing, each Owner shall be
responsible for the maintenance of any portion of his driveway located in his respective Exclusive
Common Area as well as any driveway, sidewalk, grass or other plant material located therein…”
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Homeowner is responsible for trimming of canopy street trees whether solely on his private
property or within the District’s easement.
The District currently performs pruning maintenance of Washington street palms through the
District’s landscape maintenance contract. Justification for such maintenance has been: desire for a
uniform look and effective cost management in maintaining tall palms. Maintenance does not
include “booting” (cleaning the trunk) and/or fertilization of palms. The District Boards (2 and 5)
have indicated that their long-term plan is to remove themselves from the maintenance of street
trees altogether. This is another reason for neighborhoods or homeowners to take action on their
street trees sooner rather than later.
Specialty palms such as Foxtails and Date palms have been removed from the maintenance
responsibilities of District 5. This affects the neighborhoods of: Presidio, Mizner Reserve,
Vilamoura and Brier Creek.
Currently, if a street palm dies, the District will replace this palm. The districts individually
budget for this with a limit of $1000 per palm.
V. Considerations and options
Considerations - Whatever is decided as it relates to street palms, the residents should be engaged
in decisions that will affect their property. You may have heard from those who are dissatisfied
with the Washington palms, but may not have heard from those who enjoy the appearance, or
purchased into the community because of a certain appearance. Careful consideration must be
given to visualize the appearance of the community if replacements are proposed, particularly if it
is changed to canopy trees. Remember, a replacement project in a non-MFN can be pursued by
less than 100% of the neighborhood (i.e. single homeowner or group of homeowners) with
replacement trees being installed on the property of only those homeowners’ that participate.
County involvement - Manatee County staff must approve removal and replacement of any street
tree – whether a single tree or an entire neighborhood of trees. County staff has stated that it
would prefer to review the requests for removal/replacement on a neighborhood by neighborhood
basis. Contact with the County happens twice: first during the initial information gathering phase,
and then again when approval is sought for the project (details follow).
Replacement options – William Bors (Manatee County Urban Forestry Manager) has indicated
that he is not opposed to the replacing of Washington street palms with another variety of tree and
will review requests to reduce the number of required street trees based upon a specific site
limitation within a community. A current favorite, the Sabal palm, is a Florida native, looks
similar look to the Washington, and more importantly provides positive species characteristics of:
slow growth rate, resistance to pest and disease, and cold hardiness (right plant right place).
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Another option could potentially be the replacement of palms with a canopy tree. Ultimately, you
will work with a landscape contractor/professional and Manatee County staff, to determine the
best tree for your particular neighborhood.
REPLACEMENT PROJECT PROCESS
The following is the outline of a typical Street Tree Replacement project. A project of this scope
will typically take a minimum of six months from initial neighborhood recognition of a problem to
the completion of work.
1. Problem Recognition – Initial Research Phase
2. Determine the Scale of the Problem
3. Review the Street Tree Problem with Neighborhood Residents
4. Request an Initial Meeting with Manatee County Officials
5. Determine the Potential Cost for the Project
6. Develop a Plan and Determine Funding Methodology
7. Meet with Affected Homeowners to Get Individual Approval
8. Prepare Homeowner Documentation and Distribute
9. Apply for Manatee County Approval
10. Submit Project to CEVA Modifications Committee for Approval
11. Issue a Formal Request for Proposal (RFP) to Contractors
12. Present Project to CEVA Board of Directors for Final Approval
13. Project Implementation
1. Problem Recognition – Initial Research Phase
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Does the neighborhood / homeowner have street tree issues (either canopy or palm)?
Assemble a research committee and appoint a Project Lead person.
o The Project Lead person will serve as the coordinator for the project and as the
“agent” in all dealings with Manatee County, as well as the primary contact with
the appropriate CDD Board and the CEVA Board.
o Develop a check-off list of all project steps that must be completed.
2. Determine the Scale of the Problem
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How big is the problem?
o How many and which trees are causing the problem?
o What type of problems are being encountered with each tree identified?
o What is the location of each problem tree?
Utilize a map of the neighborhood to capture all of the relevant information noted above
regarding the problem trees.
3. Review the Street Tree Problem with Neighborhood Homeowners
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Hold a meeting with homeowners of the neighborhood to share the results of the initial
research phase.
o Introduce the Project Lead person and the members of the project committee.
o Present the scope of the problem to neighborhood homeowners.
o Solicit input and recommendations as well as answer questions.
o Gain a consensus from the homwowners regarding their support and interest in
pursuing a replacement project.
o Invite homeowners not already on the committee to join the effort and have welldefined volunteer roles.
4. Request an Initial Meeting with Manatee County Officials
• Contact Manatee County Urban Forestry Management – to review the neighborhood street
tree issue and solicit input and support.
o Bill Bors – Manatee County Urban Forestry Manager
o Phone number: 941-748-4501 ext 6204
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This step, when done properly, will help facilitate final Manatee County approval when
appropriate.
Review initial street tree research information.
Tour the neighborhood to point out and explain the scope of the problem.
Gain agreement from Manatee County official on:
o Which trees are candidates for removal.
o Which trees, if removed, may not require replacement due to specific site
limitation.
o Resolution of potential replacement location problems.
o Tree species recommended as possible replacement options.
o Any other options available that may be considered in specific situations regarding:
 1 for 1 replacements
 1 for 2 replacements
 0 for 1 replacements
o Make adjustments to the project plan based on County input.
5. Determine the Potential Cost for the Project
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Identify and have preliminary discussion with several potential contractors.
o A list of available contractors that have been used on previous projects can be
obtained through the CEVA Landscape & Maintenance Committee.
o Check with Town Hall to make sure the contractors have filed the appropriate
papers to be able to do business in Lakewood Ranch.
Tabulate the scope of the project to facilitate costing.
o Determine the number of trees to be removed:
 Canopy
 Palm
o Determine the number of trees to be planted:
 Canopy
 Palm
o Get estimated costs for:
 Removal
 Stump grinding/treatment
 Restoring ground and sodding if tree is not replaced
 Purchase
• Palms – must have a clear trunk of at least 10’
• Canopy – must have a caliper of at least 2½ “
 Planting and fertilization
 Mulching
 Bracing (if needed) and removal of supports at appropriate time
 Installation of appropriate irrigation (bubblers preferred)
 Administrative costs (supplies, postage, copying fees, etc.)
This information is intended for you to put together a cost analysis for project planning.
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NOTE: This is not intended to be a formal Request for Proposal – this will come later
when you will be selecting the contractor for your project implementation.
6. Develop a Plan and Determine Funding Methodology
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Identify the desired replacement trees.
o To facilitate the project, limit possible replacements to no more than 2 canopy trees
and/or 2 palm trees.
Ensure that you utilize the “Right Tree Right Place” philosophy and Florida number 1
nursery grade.
Palm Trees
- Cold hardy, drought tolerant
- Slow growth
- Low Maintenance
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Canopy Trees
- Hardy for area
- Slow growth
- Non-invasive root system
- Limited canopy size
- Evergreen
Replacement tree options that are Florida Friendly are dependent upon lot size and site
limitations. Manatee County Urban Forestry Management will be able to recommend
appropriate trees for your project at the initial meeting (see Section 4). The following table
reflects trees that may be recommended, but is not all inclusive.
Palm Trees
Canopy Trees
- Sabal (cabbage) palm
- Ribbon palm
- Pindo palm
- Chinese fan palm
- Bismarck palm
- Sylvester palm
- Eagleston Holly (male version)
- Dahoon Holly (male version)
- Walter’s Viburnum
- Simpson Stopper
- Little Gem Magnolia
For larger lots (greater than 60’ wide)
- Cathedral Live Oak
- Highrise Live Oak
See Appendix D for pictures of the above trees
• Finalize the project plan
o Identify which trees are to be replaced along with their location
o Identify which trees, when removed, will not be replaced
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• Make contact with appropriate owners of underground utilities and add locations to the site
layout.
• Refine the proposed final site layout and prepare for sharing with neighborhood residents.
• Finalize a proposed project cost and time estimate.
• Determine the best proposed method for the neighborhood to pay for the project.
o See Appendix B - Financing Options
o Neighborhood residents will have to vote to approve the financing method.
• Prepare a presentation for a neighborhood review and approval to proceed.
7. Meet with Affected Homeowners to Get Individual Approval
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Meet individually with affected homeowners.
o Review the site layout with affected homeowner(s).
o Determine if the homeowner actually wants to participate.
 Homeowner may:
• Agree to have tree replaced.
• Elect to keep the current tree and decline participation.
o See Appendix C for additional information with regard to
non-MFN neighborhoods.
o Allow homeowner to select desired replacement tree from the identified
replacement tree options.
o Get agreement with homeowner on the site layout with regard to:
 Location of tree to be removed.
 Location and type of tree to be planted.
 Make any necessary adjustments to the site layout based on homeowner.
input specifically for homeowner’s lot.
o Have affected homeowner reflect approval by placing his/her “initials” on the
appropriate lot on the site layout.
8. Prepare Homeowner Documentation and Distribute
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Prepare a finalized site layout of neighborhood.
o Make two (2) copies of the finalized site layout for each homeowner affected by
the project.
o These copies will be needed by the homeowner for the filing of Affidavits of
Ownership and Modification Requests as noted below.
Prepare the following documents for homeowners affected by the project:
o Homeowner Affidavits of Ownership (See Exhibit #1 ).
 Used to document homeowner ownership for Manatee County.
 Use Project Lead person’s name as “agent” on affidavit.
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o Homeowner CEVA Modifications Request template (See Exhibit #2 )
 Used for submission to Modifications Committee for approval.
Distribute Manatee County Affidavits of Ownership to homeowners.
o Attach one copy of the finalized site layout to Affidavit.
o Homeowner must have signature notarized.
Distribute CEVA Modifications Request template to homeowners.
o Attach one copy of the finalized site layout to the Request.
o Homeowner must sign the Modification Request.
Homeowner returns the completed documents to the Project Lead person.
o Notarized Manatee County Affidavit of Ownership
o Signed CEVA Modification Request
9. Apply for Manatee County Approval
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Project Lead person fills out application for Manatee County Tree Removal Permit.
o Tree Removal Application (See Exhibit #3 )
File application for County permit along with:
o Affidavits of Ownership from all homeowners whose property is affected by the
project
o Finalized site layout
Filing the project in this manner will incur only one application fee for the entire project
rather than a fee for each individual homeowner.
Manatee County staff will issue an approval letter directed to the Project Lead person.
o Tree Removal Permit (TRP)
10. Submit Project to CEVA Modifications Committee for Approval
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Submit Modifications Requests from all affected homeowners as a “neighborhood” project
to the CEVA Modifications Committee.
Modifications Committee will review and issue an approval letter directed to the Project
Lead person covering the entire project.
11. Issue a Formal Request for Proposal (RFP) to Contractors
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Contact contractors you wish to have quote on your project and provide them an official
Request for Proposal (RFP).
o Utilize your TRP as a part of your RFP.
It is advisable to have each contractor submit their bid by line item expense.
o Removal of identified trees and grinding of stumps
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o Purchase and delivery of replacement trees
o Installation of replacement trees including supporting trees with bracing if
necessary
o Installation of appropriate irrigation (bubbler irrigation is recommended)
o Installation of mulch
It is also advisable to obtain a guarantee, in writing, on all plant material of at least one
year from final acceptance of project.
Ensure that proposals include recognition by the contractor that they are responsible for
repairing any damage resulting from project implementation (i.e. damaged sidewalks,
utilities, etc.).
This will enable the project committee to determine if it wants to use one contractor or
multiple contractors to implement the project and may enable bargaining room in dealing
with contractors.
o It is preferable, but not mandatory, to have one contractor perform all elements of
your project.
Select contractor(s) to implement all or individual phases of the project by competitive bid.
o DO NOT sign any contract with the selected contractor(s).
o All contracts must be signed by the CEVA Board of Directors Chair.
12. Present Project to CEVA Board for Final Approval
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Make arrangements to be placed on the CEVA Board Workshop agenda.
o Call the office of the Director of Community Associations at Town Hall.
 907-0202
Provide the following information at the Workshop:
o Neighborhood where project is planned
o Scope of the project
 Problem(s) the project is addressing
 Number of trees being removed and planted
o Approvals received
 Manatee County TRP
 CEVA Modifications Committee Approval
o Expected costs for the project
 Contractor(s) selected
 Contract(s) from contractor(s) for CEVA Board signature
o Neighborhood’s plan for financing the project
o CEVA Board may request that you appear at the next CEVA Board meeting to
present your project for official approval.
Receive CEVA Board of Directors approval.
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o CEVA Board of Directors Chair will sign contracts.
13. Project Implementation
• With all approvals in hand, contact selected contractor(s) and schedule the implementation
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of your project.
o Determine an implementation schedule.
o Review details of the contract:
 Tree removal and stump grinding
 Tree purchase and deliver
 Tree planting, bracing and irrigating (recommend bubbler irrigation)
 Mulching
 Clean up
 Agreed upon plant material guarantee (one year from final acceptance)
o Request that Utilities be identified and marked.
o Tag the trees to be removed (use a colored band).
o Stake locations where replacements are to be installed.
o Go to nursery and tag the trees you want for your project.
Monitor contractor progress on the project.
Authorize payment to the contractor(s) for work performed.
Notifiy the Operations Department of project completion so that they can make any
necessary adjustments to on-going maintenance and future maintenance budget
considerations.
Appendix A: Common Area Trees
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Common area trees are under the control of the Districts. When a neighborhood chooses to
undertake a street tree replacement project, the Operations Department will be asked to review the
state of the neighborhood’s common area and entrance trees at the same time. When Operations
determines that common area and/or entrance tree replacements are needed, the choice of tree will
be influenced by the street tree choice(s) previously made by the neighborhood so that consistency
and uniformity will be maintained. Some, but not all, of the choices for common area and
entrance trees include: Sabal palm, Bismarck palm, Sylvester palm, and Chinese Fan palm.
Appendix B: Financing Options
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Non-MFN neighborhoods
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o For projects that cover the entire non-MFN neighborhood:
 One-time special assessment through the HOA of those agreeing to participate in
the project.
 This assessment will be coordinated with and administered by the Financial
Department at Lakewood Ranch Town Hall on behalf of CEVA.
o For projects that cover a group of homeowners within the neighborhood or an individual
homeowner in the neighborhood:
 Payment for the project will have to be handled by those involved in the project.
MFN neighborhoods
o One-time special assessment through the HOA that is coordinated with and administered
by the Financial Department at Lakewood Ranch Town Hall on behalf of CEVA.
 Typically, the amount of the special assessment will be equal for all the
homeowners in the neighborhood.
o Utilization of neighborhood reserves
o Use of other internal funds (i.e. retained surplus from prior years, etc.)
Approval by residents of the neighborhood utilizing CEVA guidelines
o 60% of a quorum of homeowners
Appendix C: non-MFN Neighborhoods – Street Palms
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A non-MFN neighborhood committee may make a proposal to the entire neighborhood that they
all join a project to replace their street palms. If the proposal is compelling enough, the vast
majority of homeowners will probably agree to participate in the project. Marketing will be
important. Homeowners who choose not to join the project to replace their palms may become
responsible for pruning their palms (a continuing expense) as the District may no longer cover that
task for them. If they should ever want to replace the palms at a later time, the cost would more
than likely be much greater than it would have been as a part of a larger project. A neighborhood
project would be easier, cheaper, and more attractive. Overall, participation in a non-MFN
neighborhood project, while not mandatory, could be a very good option for homeowners.
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EXHIBIT #1
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EXHIBIT #2
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EXHIBIT #3
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