TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Amending the Unified Land Development Code to Consolidate the Revenue Account Formerly Known as the Tree Fund into the Environmental Protection Fund by Amending Section 6.1.3.; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; And Providing an Effective Date.
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Recommended Action First Reading
Option 1: Approve Ordinance No. 2026-11 as presented and continue to second reading on May 19, 2026.
Recommended Action Second Reading
Option 1: Approve Ordinance No. 2026-11 as presented.
City Commission Options First Reading
Option 1: Approve Ordinance No. 2026-11 as presented and continue to second reading on May 19, 2026.
• Pros:
o Establishes clear legislative intent for the Tree Fund to be consolidated into the environmental protection fund and allows expenditure of previously generated revenue under the Tree Fund in the same manner as the environmental protection fund.
o Simplifies accounting and allowable expenditure tracking.
• Cons: Staff finds no identifiable disadvantages to approving Ordinance No. 2026-11.
Option 2: Deny Ordinance No. 2026-11.
• Pros: Staff finds no identifiable advantages to denying Ordinance No. 2026-11.
• Cons: Accounting and allowable expenditure tracking of funds will remain segregated until all revenue collected under the Tree Fund is expended.
City Commission Options Second Reading
Option 1: Approve Ordinance No. 2026-11 as presented.
• Pros:
o Establishes clear legislative intent for the tree fund to be consolidated into the Environmental Protection Fund and allows expenditure of previously generated revenue under the tree fund in the same manner as the Environmental Protection Fund.
o Simplifies accounting and allowable expenditure tracking.
• Cons: Staff finds no identifiable disadvantages to approving Ordinance No. 2026-11.
Option 2: Deny Ordinance No. 2026-11.
• Pros: Staff finds no identifiable advantages to denying Ordinance No. 2026-11.
• Cons: Accounting and allowable expenditure tracking of funds will remain segregated until all revenue collected under the Tree Fund is expended.
Background Information
During the City Commission Regular Meeting held on February 22, 2022, the City Commission adopted Ordinance No. 2021-46, establishing the Tree Fund and providing that all administrative costs, fees and penalties collected as part of enforcement of the Tree Protection Regulations be placed in said fund. Under Sec. 45-13.B. of the 2010 Unified Land Development Code (ULDC), the City Manager or designee shall have the authority to disburse funds for the continued management and maintenance of the City's tree canopy. Projects may include planting trees in public places, up to fifty percent (50%) support of the Arborist and Tree Crew, resources needed for the management and maintenance of the City's tree canopy, maintaining tree health and safety on public lands within the City, tree education, planting and conservation programs.
During the City Commission Special Meeting held on August 6, 2024, the City Commission adopted Ordinance Nos. 2024-13 and 2024-14, which ordinances adopted a new Unified Land Development Code to be effective on October 28, 2024, Section 6.1.3. of the Unified Land Development Code establishes the Environmental Protection Fund providing those administrative costs, fees, and penalties collected as part of the enforcement of Chapter 6 - Natural Resources be placed in said fund. This fund may be used to support the operations of the Natural Resources Division of the Development Services Department and for the following purposes:
Ø Acquisition and ongoing maintenance of environmentally sensitive land
Ø Acquisition of land for sustainability projects
Ø Planting trees in public places
Ø Maintaining trees to protect health and safety on public lands in the City
Ø Tree education, planting, and conservation programs.
With adoption of Ordinance No. 2024-13, the clear legislative intent to consolidate the remaining Tree Fund balances into the Environmental Protection Fund was not explicitly established in Section 6.1.3. of the ULDC, even though the fund itself was renamed. Adoption of this ordinance will clarify that intent and allow expenditure of revenues under the former Tree Fund consistent with the Environmental Protection Fund provision.
Ordinance No. 2026-11 has been reviewed by the City Attorney and is legally correct as to form.
Information for Second Reading
During the City Commission Regular Meeting held on May 5, 2026, the City Commission approved a motion, 4-1 “to approve the Ordinance on first reading and continue to second reading on May 19, 2026.”
The North Port Comprehensive Plan Conservation Element Objective 3 incorporates the canopy requirement, which provision will not change on adoption of Ordinance No. 2026-11.
Objective 3: The City shall encourage the preservation of existing native vegetation, the creation of
an urban forest, and the use of xeriscape methods for landscaping public and private development. Tree preservation activities and the planting of trees shall result in an overall, citywide, phased-in, tree canopy no later than build-out that ranges from 35% to 80% of the tree canopy that existed at the time of adoption of this Comprehensive Plan in 1997.
The Natural Resources Division monitors the tree canopy every two years. As of May, 2024, the City of North Port’s tree canopy was 38%. Planting efforts, citizen education, tree donations, and other programs will be ongoing as necessary to ensure the maintenance of the tree canopy as required by the Comprehensive Plan. Tree protection regulations in Article VII, Chapter 6 of the Unified Land Development Code remain in effect and under active enforcement, these regulations would remain unchanged by adoption of Ordinance No. 2026-11.
Ordinance No. 2026-11 was provided to the City Clerk’s Office on May 8,2026, for signatures, subject to City Commission approval.
Strategic Plan
Environmental Resiliency and Sustainability
Financial Impact
No dollars are added to or removed from the Environmental Protection Fund as a result of Ordinance No. 2026-11. However, upon adoption, the existing fund balance accumulated under the Tree Fund will be available for expenditure across the broader range of purposes authorized under the Environmental Protection Fund, in addition to the tree-related purposes previously authorized.
Procurement
Not applicable.
Attachments:
1. Ordinance No. 2026-11, Second Reading
2. Ordinance No. 2026-11, First Reading
Prepared by: Lori Barnes, AICP, CPM, Deputy Director, Development Services Department
Department Director: Alaina Ray, AICP, Director, Development Services Department