I urge all Lakeland residents to monitor the news on the Shelby County Charter amendments. Any amendments could significantly affect Lakeland in the future.
Shelby County Chair David Lillard is expected to announce Public Hearings on this in the near future. I expect at least one Hearing to be held in this area for the convenience of area residents.
What does the Charter Amendments mean to Lakeland residents? It depends. Some POSSIBLE changes are:
-The County elective offices could be become appointed
-The County elective offices could be eliminated (with their duties preformed by other officials)
-The County elective offices could remain the same
-Any combinations of the above.
-In theory, any part of the Shelby County Charter can be proposed for changes.
I urge all Lakeland residents to go to the Shelby County Web Page (http://www.shelbycountytn.gov/) and read and comment on the Shelby County Charter procedure. There is provision for citizen comment and I urge you to comment on the proposed Charter changes and procedures.
I don’t see any reason to reinvent the wheel-I found the article noted below on the Shelby County Website and feel that it gives an excellent history of the reasons for the Shelby County Charter amendments.
Charter Amendment To Be Proposed By County Commission (from the www.ShelbyCountytn.gov website)
The voters of Shelby County, Tennessee ratified the Shelby County Charter on
August 2, 1984 and, as a result, Shelby County became a charter form of
government effective September 1, 1986.
Because the 1984 County Charter Commission recognized that the offices of the Sheriff, Trustee, Register, County Clerk, and Assessor were firmly embodied in the Tennessee Constitution, these offices were not "recreated" under the Shelby County Charter.
Further, the Charter Commission sought to comply with the state enabling legislation that authorizes counties to adopt a charter form of government wherein "the duties of the
constitutional county officers [mayor, legislative body, sheriff, trustee, register,
county clerk, and assessor] as prescribed by the general assembly shall not be
diminished."
On January 12, 2007, the Tennessee Supreme Court held that where a
county adopts a charter form of government, the charter document must provide for,
or otherwise assign the duties and functions of, the offices of the constitutional
county officers.
On January 26, 2007, the Shelby County Attorney's Office issued an opinion to the
County Mayor recommending that an amendment to the Shelby County Charter be
proposed at this time to cure any potential deficiencies similar to those found in the
Knox County Charter by the Tennessee Supreme Court.
Essentially, an amendment should be proposed that either specifically provides for the elected offices of, and assigns the duties and functions to, the Sheriff, Trustee, Register, County Clerk, and Assessor; or provides for newly titled appointed administrative offices to carry out the duties and functions of these offices; or provides for a combination of these two options. Thereafter, the amendment must be submitted to the voters of Shelby
County at the next election allowed by the state election laws.
After advising the County Mayor and explaining the potential impact of the Knox
County decision to the effected officers, the Shelby County Attorney's Office briefed
the Shelby County Board of Commissioners on the charter amendment options
during a January 31, 2007 public meeting. The Board of Commissioners immediately
took action to become informed on this issue so as to be in the best position possible
in proposing an amendment to the Shelby County Charter.
First, the Board of Commissioners held a retreat on April 20, 2007. During that retreat, employees of Shelby County from the areas of finance, legislation, and law made presentations. A member of the 1984 County Charter Commission and a representative from County Technical Assistance Service were also present.
Next, the Board of Commissioners created an ad hoc committee (Ad Hoc Committee on Shelby County Charter Amendments) for the purpose of receiving and analyzing additional information relative to the financial implications that may result from each amendment option, the effect each amendment option would have on the entire charter, and the time
constraints faced when proposing a voter referendum.
The ad hoc committee will hold regular open meetings until such time as the
committee has sufficient information to prepare a report that, when submitted to the
full Board of Commissioners, will allow the Commissioners to determine which
amendment option should be proposed and submitted to the voters of Shelby
County. For a discussion of the operations of the ad hoc committee and the need for
public participation see Chairman's Letter.
A Schedule of Meetings and Transcripts from past meetings are also available. Additional information is available through Links, including the full Knox County Opinion and the County Attorney's Opinion discussed above. Citizen Comments are welcome.
Thursday, November 29, 2007
Lakeland's Krista Stevens wins Poster Contest
Krista Stevens won first place in a Poster Contest at the 7th Annual Geospatial Information and Technology Conference sponsored by the Memphis Area Geographic Information Council and the Tennessee Geographic Information Council.
The poster prepared by Krista explained the process of how the Lakeland Natural Resources Department is working in conjunction with the City Geographic Information System to create a Conservation Priority Map integrating the analysis of many Natural Resource GIS layers ito create a final working priority map and illustrating the challenges faced during the process and how those challenges were overcome.
The Poster was part of a booth at the Conference staffed by Krista and City Planner Jim Atkinson. While at they booth they had the chance to discuss some of the innovations Lakeland has pioneered in Natural Resources, Planning and Engineering and how our GIS program operates with these activities.
The Poster will be on display at City Hall. Congratulations to Krista on this achievement!
The Lakeland Geographic Information System has become extremely important to Lakeland in all areas of municipal operations including mapping, planning, and data collection analysis.
The poster prepared by Krista explained the process of how the Lakeland Natural Resources Department is working in conjunction with the City Geographic Information System to create a Conservation Priority Map integrating the analysis of many Natural Resource GIS layers ito create a final working priority map and illustrating the challenges faced during the process and how those challenges were overcome.
The Poster was part of a booth at the Conference staffed by Krista and City Planner Jim Atkinson. While at they booth they had the chance to discuss some of the innovations Lakeland has pioneered in Natural Resources, Planning and Engineering and how our GIS program operates with these activities.
The Poster will be on display at City Hall. Congratulations to Krista on this achievement!
The Lakeland Geographic Information System has become extremely important to Lakeland in all areas of municipal operations including mapping, planning, and data collection analysis.
Saturday, November 24, 2007
Memphis Police/Shelby County Sheriff Consolidation? "Best Practices site on-line"
The recent proposal submitted to the Law Enforcement Task Force recommending eventual consolidation of the Shelby County Sheriff as an appointee of the Memphis Mayor quoted liberally from a report titled "Best Practices".
The entire report is available at www.memphiscrime.org. Click "Research" at the Home Page of the site. The "Best Practices 11" is available at that site. (It is over 70 pages, so have your printer ready if you want to print it out!)
The entire report is available at www.memphiscrime.org. Click "Research" at the Home Page of the site. The "Best Practices 11" is available at that site. (It is over 70 pages, so have your printer ready if you want to print it out!)
Board and Commission Applications
Applicants for appointed Boards and Commissions have an opportunity Monday to address the Board of Commissioners on their qualifications and why they wish to be appointed at the Board of Commissioners Work Session 6:30 p.m. on Monday, November 26, 2007 at Lakeland City Hall, 10001 Highway 70. Appointments are scheduled at the December 6, 2007 BOC Regular Meeting.
Over 30 residents have applied for an appointment to one of the eight available positions the Board of Commissioners appoint on the Board of Appeals, Parks and Recreation/Natural Resources Board, Economic Development Commission and Design Review Commission. (Mayor Carmichael appoints/reappoints five members of the Municipal Planning Commission.)
I am impressed by the qualified residents who applied and are interested in serving on the City Boards and Commissions. A review of the applicants indicates Lakeland has a tremendous asset in our residents! If you applied and are not appointed, I encourage you to apply again in the future and remain involved in all aspects of the community. With the talent this community has, we can accomplish a lot!
I know the Mayor and Commissioners are pleased at the excellent response to this opportunity to serve, and the Board will have a tough decision in deciding on the appointments.
The City will continue to have opportunities to serve and I encourage all interested residents to continue to remain interested and involved in the community.
Friday, November 23, 2007
December Meeting schedule changes
The Lakeland Board of Commissioners Work Session is rescheduled to Tuesday, December 18, 2007 (from Monday, December 24, 2007)
The Lakeland Economic Development Meeting December meeting is cancelled.
The Lakeland Economic Development Meeting December meeting is cancelled.
Saturday, November 17, 2007
Law Enforcement Task Force Proposal
The Chair of the Shelby County Law Enforcement Task Force (County Commissioner MIke Carpenter) recently submitted a proposal to the Committee that basically would put law enforcement County-wide under the authority of the Memphis Mayor.
The latest proposal is posted on the City of Lakeland web page (http://www.lakelandtn.gov/)
The next Law Enforcement Task Force meeting is at 1:00 p.m., Wednesday, November 28, 2007 at the Shelby County Courthouse. Additional information is at the Shelby County web page at http://www.shelbycountytn.gov/.
This proposal has not been reviewed by Committee members yet and it is my understanding that the proposal would require an amendment to the Shelby County Charter before any changes could actually be made.
Fire Fee Schedule
The change in Fire Fees has generated a lot of questions as residents received their revised billing. The revised Fire Fees (from the Shelby County Web Page) are noted below. Comprehensive information is available at www.shelbycountytn.gov.
Fire Fee Schedule
| Acreage Range (Start) | Acreage Range (End) | Proposed Monthly Rate (Per Acre) | Proposed Annual Rate (Start) | Proposed Annual Rate (End) |
| 0 | 7 | Min. Rate | $22.00 | $22.00 |
| 8 | 10 | $0.25 | 24.00 | 30.00 |
| 10 | 20 | 0.25 | 30.00 | 60.00 |
| 20 | 30 | 0.25 | 60.00 | 90.00 |
| 30 | 40 | 0.25 | 90.00 | 120.00 |
| 40 | 50 | 0.25 | 120.00 | 150.00 |
| 50 | 100 | 0.25 | 150.00 | 300.00 |
| 100 | 116 | 0.25 | 300.00 | 348.00 |
| 117 | + | Max. Rate | 350.00 | 350.00 |
| Square Footage | 6001Square Footage |
| Fire Services |
| 1 | 1000 | $20.73 | $17.23 |
| 1001 | 1500 | 29.43 | 25.93 |
| 1501 | 2000 | 31.83 | 28.33 |
| 2001 | 2500 | 34.23 | 30.73 |
| 2501 | 3000 | 36.63 | 33.13 |
| 3001 | 3500 | 39.03 | 35.53 |
| 3501 | 4000 | 41.43 | 37.93 |
| 4001 | 4500 | 43.83 | 40.33 |
| 4501 | 5000 | 46.23 | 42.73 |
| 5001 | 5500 | 48.63 | 45.13 |
| 5501 | 6000 | 51.03 | 47.53 |
| 6001 | 6500 | 53.43 | 49.93 |
| 6501 | 7000 | 55.83 | 52.33 |
| 7001 | + | 58.23 | 54.73 |
| Commercial | a. | 5,000 sq. ft and below - $65.80 per month |
| | b. | 5,000 sq. ft. and above - $65.80 per month plus an additional $1.00 for every additional 1,000 square feet |
| | | |
| Church | $35.25 per month | |
| | | |
| Agricultural | $58.71 per month | |
| | | |
| | | |
| D. |
| Participant | Pro-Rata Share of | |
| Arlington | $128,314.20 | |
| Collierville | 424,645.20 | |
| Germantown | 380,627.10 | |
| Lakeland | 82,282.20 | |
| Millington | 393,861.31 | |
| Shelby County | 1,467,270.00 | |
| | | |
| Contract Total | $2,877,000.00 | |
Report Litter Marketing!
We have received an increasing number of complaints about “litter marketing” since residents have become aware that this Is illegal and contributes to the pollution of our water and damages our storm water system. “Litter marketing” is the practice of a few businesses of throwing ads etc. on lawns, many times in plastic bags that are a danger to wildlife and catch in stormwater drains etc and damage the stormwater collection system and our lakes and streams.
“Litter Marketing” is a violation of the City of Lakeland’s Storm Water Permit. We encourage residents to continue notifying City Hall of violations.
Violations (including the name of the business) should be reported to City Hall at 867-2717, (ask for Code Enforcement) or e-mail CityHall@lakelandtn.org or bring it by City Hall at 10001 Highway 70, Lakeland, Tennessee.
Friday, November 09, 2007
Shelby County Charter Committee
David Lillard, Chair of the Shelby County Commission, has advised all Shelby County cities of the importance of the Shelby County Charter Committee. Due to the importance of this matter, I am reprinting his letter published on the Shelby County website.
I cannot overemphasize the importance of this Charter Committee. The Charter Committee can suggest changes to any part of the Charter which could significantly impact Lakeland.
GO TO www.shelbycountytn.gov for detailed information on this proposal and an opportunity to comment.
In addition to the Charter Committee (the Shelby County Comnission), there is a "Consolidation Committee" which is reviewing the possible consolidation of the Shelby County Sheriff and the Memphis Police Department. This could have a MAJOR impact on Lakeland, so all Lakeland residents are urged to keep up with these talks. In spite of the great importance of the possibility of a Sheriff/Memphis Police Consolidation, there is only ONE suburban representative allowed on the Committee. (Bartlett Mayor McDonald is the representative on the Consolidation Committee-an excellent choice by the way.)
ANY changes in the Shelby County Charter must be voted on by Shelby County residents. Some possible changes are changing the powers of the County Sheriff, making the Sheriff appointed rather than elected etc.
I encourage all Lakeland residents to take the time to review the information at the Shelby County web site and comment. Residents are also encouraged to personally attend the Committee meetings.
(The letter below is posted on the Shelby County website from Chairman David Lillard. We appreciate the open communication encouraged by Chairman Lillard.)
To the Citizens of Shelby County, Tennessee
Dear Fellow Shelby Countians,
A recent Tennessee Supreme Court case dealing with the Charter form of county
government in Knox County, Tennessee held that the offices of the Knox County Sheriff,
Register, Trustee, Assessor and County Clerk were not properly established. This ruling
has implications for Shelby County which also has a charter form of government and the
Shelby County Charter also does not expressly establish these county offices. As a result,
we must at a minimum amend the Shelby County Charter in order to provide for a
method of establishing these offices. The Shelby County Charter and the operations of
Shelby County Government materially affects all citizens of the County, including
citizens who live in Memphis or any other municipality.
To address these issues, the Shelby County Board of Commissioners has formed an Ad
Hoc Committee on Shelby County Charter Amendments. The Committee includes all 13
County Commissioners. The purpose of the Committee is to review the Charter, seek
public input, and formulate proposed charter amendments to be voted on by the people in
a referendum.
The Committee solicits the input of the people of Shelby County on a variety of topics
related to the Committee’s work. So that your comments may be timely considered by the
Committee we ask that you submit your comments as soon as possible. All comments
received will be distributed to each of the Commissioners on the County Commission.
Regardless of where you live in Shelby County, your opinions are important.
Initially, the meetings of the Ad Hoc Committee will be held in the 4th Floor Committee
Room of the Shelby County Administration Building at 160 N. Main Street (southwest
corner of Second Street and Poplar Avenue) in Memphis. The schedule of these meetings
is posted on the Shelby County Website. However, the Committee will also hold multiple
public hearings at various other locations at dates, times and places which will also be
posted on the Shelby County Website as they are determined.
The Committee is not restricted to consideration of only those Charter issues directly
raised by the Knox County case. The schedule of meetings of the Committee and public
DAVID H. LILLARD, JR
Chairman
Shelby County Board of Commissioners
130 North Court Avenue. Memphis, Tennessee 38103 (901) 524-5176. Fax (901) 524-5024
Email: dlillard@bpjlaw.com
Citizens of Shelby County, Tennessee
Shelby County Charter
Page 2
November 2, 2007
hearings, along with key documents, are available on the link titled Charter Amendment to be
proposed by County Commission that is posted on the homepage of the Shelby County
Website at www.shelbycountytn.gov.
Some limited illustrations of the areas where your input is solicited include, but are not limited
to:
• Issues or current Charter provisions you feel that should be considered by the
Committee for possible revision or amendment
• Your views on the issues to be considered by the Committee.
• Public Hearings- Suggestions as to the number of hearings to be held, the locations
and times of the hearings; the structure of the hearings (for example, should open
comments be permitted, or should comments be limited to a defined list of issues?
• How should notice of the public hearings and Committee meetings be made available
to the public, i.e. publication in a newspaper, etc?
Please provide your comments electronically by using the Citizen Comments Link on the
Shelby County Website.
If you prefer to mail your comments, please direct them to Ad Hoc Committee on Shelby County
Charter Amendments, Shelby County Board of Commissioners; 160 N. Main Street, Suite 450;
Memphis, Tennessee 38103. If you wish to speak to a staff member regarding any aspect of the
Committee’s operations or work, please call the staff member assigned to this Committee, Clay
Perry, Deputy Administrator of the Board of Commissioners, at 901-545-4301.
Of course, please relay this information in any form you desire to your neighbors, friends and
fellow citizens as the Committee genuinely seeks input from all citizens of Shelby County.
Thank you for your consideration of this important work on behalf of the people of greater
Shelby County.
Sincerely yours,
David Lillard
Chairman of the Board of Commissioners
cc: Honorable AC Wharton, Jr.,
Mayor of Shelby County
I cannot overemphasize the importance of this Charter Committee. The Charter Committee can suggest changes to any part of the Charter which could significantly impact Lakeland.
GO TO www.shelbycountytn.gov for detailed information on this proposal and an opportunity to comment.
In addition to the Charter Committee (the Shelby County Comnission), there is a "Consolidation Committee" which is reviewing the possible consolidation of the Shelby County Sheriff and the Memphis Police Department. This could have a MAJOR impact on Lakeland, so all Lakeland residents are urged to keep up with these talks. In spite of the great importance of the possibility of a Sheriff/Memphis Police Consolidation, there is only ONE suburban representative allowed on the Committee. (Bartlett Mayor McDonald is the representative on the Consolidation Committee-an excellent choice by the way.)
ANY changes in the Shelby County Charter must be voted on by Shelby County residents. Some possible changes are changing the powers of the County Sheriff, making the Sheriff appointed rather than elected etc.
I encourage all Lakeland residents to take the time to review the information at the Shelby County web site and comment. Residents are also encouraged to personally attend the Committee meetings.
(The letter below is posted on the Shelby County website from Chairman David Lillard. We appreciate the open communication encouraged by Chairman Lillard.)
To the Citizens of Shelby County, Tennessee
Dear Fellow Shelby Countians,
A recent Tennessee Supreme Court case dealing with the Charter form of county
government in Knox County, Tennessee held that the offices of the Knox County Sheriff,
Register, Trustee, Assessor and County Clerk were not properly established. This ruling
has implications for Shelby County which also has a charter form of government and the
Shelby County Charter also does not expressly establish these county offices. As a result,
we must at a minimum amend the Shelby County Charter in order to provide for a
method of establishing these offices. The Shelby County Charter and the operations of
Shelby County Government materially affects all citizens of the County, including
citizens who live in Memphis or any other municipality.
To address these issues, the Shelby County Board of Commissioners has formed an Ad
Hoc Committee on Shelby County Charter Amendments. The Committee includes all 13
County Commissioners. The purpose of the Committee is to review the Charter, seek
public input, and formulate proposed charter amendments to be voted on by the people in
a referendum.
The Committee solicits the input of the people of Shelby County on a variety of topics
related to the Committee’s work. So that your comments may be timely considered by the
Committee we ask that you submit your comments as soon as possible. All comments
received will be distributed to each of the Commissioners on the County Commission.
Regardless of where you live in Shelby County, your opinions are important.
Initially, the meetings of the Ad Hoc Committee will be held in the 4th Floor Committee
Room of the Shelby County Administration Building at 160 N. Main Street (southwest
corner of Second Street and Poplar Avenue) in Memphis. The schedule of these meetings
is posted on the Shelby County Website. However, the Committee will also hold multiple
public hearings at various other locations at dates, times and places which will also be
posted on the Shelby County Website as they are determined.
The Committee is not restricted to consideration of only those Charter issues directly
raised by the Knox County case. The schedule of meetings of the Committee and public
DAVID H. LILLARD, JR
Chairman
Shelby County Board of Commissioners
130 North Court Avenue. Memphis, Tennessee 38103 (901) 524-5176. Fax (901) 524-5024
Email: dlillard@bpjlaw.com
Citizens of Shelby County, Tennessee
Shelby County Charter
Page 2
November 2, 2007
hearings, along with key documents, are available on the link titled Charter Amendment to be
proposed by County Commission that is posted on the homepage of the Shelby County
Website at www.shelbycountytn.gov.
Some limited illustrations of the areas where your input is solicited include, but are not limited
to:
• Issues or current Charter provisions you feel that should be considered by the
Committee for possible revision or amendment
• Your views on the issues to be considered by the Committee.
• Public Hearings- Suggestions as to the number of hearings to be held, the locations
and times of the hearings; the structure of the hearings (for example, should open
comments be permitted, or should comments be limited to a defined list of issues?
• How should notice of the public hearings and Committee meetings be made available
to the public, i.e. publication in a newspaper, etc?
Please provide your comments electronically by using the Citizen Comments Link on the
Shelby County Website.
If you prefer to mail your comments, please direct them to Ad Hoc Committee on Shelby County
Charter Amendments, Shelby County Board of Commissioners; 160 N. Main Street, Suite 450;
Memphis, Tennessee 38103. If you wish to speak to a staff member regarding any aspect of the
Committee’s operations or work, please call the staff member assigned to this Committee, Clay
Perry, Deputy Administrator of the Board of Commissioners, at 901-545-4301.
Of course, please relay this information in any form you desire to your neighbors, friends and
fellow citizens as the Committee genuinely seeks input from all citizens of Shelby County.
Thank you for your consideration of this important work on behalf of the people of greater
Shelby County.
Sincerely yours,
David Lillard
Chairman of the Board of Commissioners
cc: Honorable AC Wharton, Jr.,
Mayor of Shelby County
Major Road Plan upgade review planned Thursday, December 13, 2007
Mark your calendars now for Thursday, December 13, 2007! This is the first opportunity of several for Lakeland residents to comment on the Major Road Plan, which will be incorporated into the Comprehensive Plan. The overall scope of the Major Road Plan is to evaluate the ability of the ability of the City existing and planned street system to handle future traffic volumes, and any changes needed.
Kimley Horn and Associates is evaluating and preparing the Major Road Plan and will hear comments at the review. Several meetings are planned to obtain resident comments on traffic problems and congestion. Additional more detailed information is being developed and will be available prior to this first review.
All residents are encouraged to attend. This session is in addition to the review by the Municipal Planning Commission and Board of Commissions at public meetings.Applications for appointed Boards and Commissions due November 19, 2007
Residents are reminded that applications for appointed Lakeland Boards and Commissions are due by 4:30 p.m., Monday, November 19, 2007. Applications may be e-mailed to CityHall@lakelandtn.org; faxed to 901-867-2063, mailed to 10001 Highway 70, Lakeland, Tennessee 38002 or personally delivered.
Applications are being accepted for open positions on the Municipal Planning Commission, Design Review Commission, Board of Appeals, Park/Natural Resources Board and Economic Development Commission. Application forms are available at www.Lakelandtn.gov (under “employment") or by calling City Hall at 867-2717, stopping by City Hall or e-mailing CityHall@Lakelandtn.gov.
Applicants will have a chance to present their qualifications to the Board of Commissioners at the Monday, November 26, 2007 Work Session. Appointments are expected to be made by the Board of Commissioners at the December 6, 2007 Regular BOC meeting.
Tree Ordinance impact on Homeowners
The Lakeland Tree Ordinance is a vital part of the Lakeland strategy to manage our natural resources so future generations can enjoy them.
An important aspect of the Tree Ordinance is the cooperation of individual homeowners in managing our trees.
Eric Bridges and Nick Bridgeman prepared the following article to help explain how the Tree Ordinance impacts individual homeowners. As noted in the article, www.lakelandtn.gov has a section on trees for additional information, or contact the Lakeland Natural Resources Department at 867-2717.
CITY OF LAKELAND
Natural Resources Department
This article will provide the citizens of Lakeland with a better understanding of how the tree ordinance affects residential homeowners. This is not the entire ordinance and does not address issues such as tree removal permits for building and development activities. For a full understanding of the intent and scope of the ordinance please visit http://www.lakelandtn.gov/pdfs/ord/LAKELAND13Ch4.pdf or come by City Hall and request a copy of the LTMO (costs $10). The following are some brief excerpts from the LTMO that affect all homeowners in Lakeland.
SECTION 13-401 PURPOSE
(1) Trees are a part of our heritage and our future, and that they are an essential part of the quality of life within our city.
The purpose and intent of this ordinance to provide a mechanism for the management of trees and other woody vegetation within the city.
SECTION 13-403.1 REGULATED ACTIVITIES (partial list)
(6) Any activity requiring issuance of a land disturbance permit (regardless of previous approvals on or current use of the land).
(8) Any activity requiring site plan approval, including but not limited to, pool permit requests, fence permit requests, and accessory structure permit requests.
(12) Removal of specimen tree(s) for any reason not listed in Section 13-403.2 Exemptions.
SECTION 13-403.2 EXEMPTIONS
(1) The following activities shall be exempt from the provisions of this Ordinance:
a. The removal of trees, other than specimen trees, from an owner occupied, single family or duplex lot of record where none of the above conditions (13-403.1) apply.
f. The removal of any tree which has become or threatens to become a danger to human life or property, as determined by an International Society of Arboriculture
Certified Arborist, or an American Society of Consulting Arborists – Registered Consulting Arborist.
(2) Notwithstanding the foregoing, all reasonable efforts shall be made to save specimen trees. Reasonable efforts shall include, but not be limited to, alteration of building design; alternate location of building, parking area, water retention, drainage pipes; or relocation of utilities.
What is a Specimen Tree? Specimen trees have a size requirement and a health requirement. The sizes are 20” dbh (diameter at 4.5 feet above ground) for hardwoods, 25” dbh for softwoods; and 4” dbh for small-statured trees. The tree must be free from disease or damage that would shorten the life-expectancy of the tree and must be structurally sound. Rare, endangered, or historically significant trees can also be considered specimen trees.
PERMIT REQUIRED!
The residential homeowner must receive a permit before removing a specimen tree (as defined by the ordinance) for any reason. This could mean that the homeowner wishes to install a pool or shed or new driveway, etc. The Natural Resources Department will work with you to ensure that all reasonable efforts are made to keep the specimen tree. If, after exhaustion of these efforts, the tree cannot be kept, you will typically be issued a tree removal permit. However, there are a few instances when the Natural Resources Department cannot issue the permit such as when there are reasonable efforts that have not been made, if a severe erosion problem would result from the tree removal, or if the request is simply based on “nuisance.” These types of requests would need to be determined by a higher board rather than staff.
If you have a question about whether or not you need a tree removal permit, you may call the Natural Resources Department before you begin work and we will meet with you to determine if a permit is required. However, City staff cannot perform hazard tree evaluations (or sick tree calls). That should be left to an ISA Certified Arborist®. But remember, that in order for a tree to be considered a specimen, it must be in good health. On a side note, residents should be wary of unsolicited diagnoses from a “tree care” company. There have been recent occurrences where these companies have told the resident that their trees were unhealthy and needed to be removed when, in fact, the trees were perfectly healthy. Please remember that not only is door to door solicitation illegal in the City of Lakeland, but that not all “tree experts” or companies are ethical in their pursuit of business. Again, play it safe and hire a Certified Arborist® when having your tree evaluated. Certified Arborists are required to follow a strict code of ethics.
While many of the tree removal inquiries we receive do not need a permit, it is much better to check first than to be faced with the penalty from an illegal tree removal. Although we seldom have to use it, the City does have a mitigation component that can be required for the malicious removal of or damage to specimen trees. The bottom line is that we work with homeowners to the best of our ability to try and keep specimen trees which are such a part of our community character and the reason many of us live here.
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