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County Reviews Tree Fund Guidelines

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Published: June 22, 2008

During the past seven years, Pasco County officials have collected more than $1 million from developers trading houses and asphalt for trees.

The county commission in 2001 adopted a tree protection ordinance to keep developers from clearing property of trees. The rules say builders must replace the trees they cut down - inch for inch - or, under a loophole created three years ago, they can buy their way out.

Each year, dozens of developers seek variances from the tree ordinance, arguing that it is too difficult to replant trees on their property because it is "heavily wooded." As an alternative, many builders pay into the tree fund, often depositing tens of thousands of dollars at a time for projects ranging from shopping centers and town houses to neighborhoods of single-family homes.

The "vast majority" of variances from the tree ordinance are for heavily wooded sites, said County Administrator John Gallagher, chairman of the Development Review Committee. "They really don't have any choice," he said.

There are restrictions on how tree money can be spent, which is why the tree fund had accumulated to $1,149,649 as of last week, according to the county's Office of Management and Budget.

In fiscal 2005-06, just $34,500 was set aside for trees at three fire stations, Budget Manager Dan Risola said. In 2006-07, $9,883 was spent to plant trees at county parks. This fiscal year, $164,189 was allocated for bushes and trees at fire stations, an animal services building, a recreation facility, a library and a bus washing facility, although construction of those facilities has been delayed because of budget constraints.

Tree fund money may not be used to pay for other types of expenses, such as public safety, to relieve budget shortfalls.

Some county leaders now question whether the ordinance is serving its purpose, and they want to know why so little of the fund is being spent.

The county commission at a public hearing Tuesday in New Port Richey is to consider loosening the rules a bit to allow tree money to be used for landscaping around county buildings and at affordable housing communities.

During a discussion of the proposed changes to the ordinance June 10, commission Chairman Ted Schrader questioned why the tree fund is so large.

"Why is the tree fund growing so quickly?" he asked. "Are we making it too easy for developers to pay into the tree fund?"

Commissioner Ann Hildebrand, who was part of the board that unanimously adopted the tree ordinance, said later that she would like to see "more of a balance" between developers replanting trees and those paying their way out of the ordinance.

"Folks sometimes take the easier way and just cut a check rather than planting trees," Hildebrand said. "Maybe we need to look at: Where do we need to revamp this? Where can we spend the existing money on trees?

"I think the intent of the ordinance is still good. We've got this money. How can we spend some of it down?"

Allowing developers to pay rather than replant trees is a needed alternative, Hildebrand said.

"We created that option," she said. "You've got to have some option if you have property that's heavily treed."

Part of the issue may be that few people are aware that tree funds are available, Senior Assistant County Attorney Elizabeth Blair said.

"The fact is, it's just not being spent," Blair said. "They can spend money on lands in Pasco. It is kind of open-ended. For some reason, people aren't asking for the money."

Gallagher agreed.

"Years and years ago, they cut them down and didn't do anything," Gallagher said. "We didn't get any money. ... I think we're probably not focused on it, more than anything. And planting requires maintenance, so if you plant trees, you have to go out and water them for a few weeks."

The Development Review Committee also grants variances to the tree ordinance when the design of a building or parking lots leave little room for anything else on a lot, let alone trees, Gallagher said.

The county generally charges developers $100 for each inch of the diameter a tree. A normal tree is about 2 inches in diameter, Development Director Cindy Jolly said. Some trees, such as oaks, must be replaced inch per inch, at great expense to developers. Sometimes, it is impractical to replant trees, so developers donate trees for landscaping in highway medians.

"It's based on the type of tree," Jolly said. "You don't want to plant them too tight, because they'll have a short life."

Commissioner Pat Mulieri, who suggested officials spend tree money on beautifying county buildings, said commissioners may need to take another look at the ordinance.

"It's not perfect, but it's a lot better than it was," she said.

Reporter Julia Ferrante can be reached at (813) 948-4220 or jferrante@tampatrib.com.

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