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Old 03-10-2020, 07:05 AM
MIskra MIskra is offline
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I have sat through a couple ARC meetings, waiting to obtain approval for our proposed landscaping plans and resients are always coming before them asking permission to remove trees for various reasons, including the one you site. If it is a healthy tree, permission is always given IF the homeowner promises to plant another canopy tree of a certain size somewhere else on the property. I don't know if anyone ever follows up to confirm that a new tree is planted (I doubt it, considering how busy they are, and you could always say that you are working on it if anyone knocks on your door to inquire about the status). You just need to request that they hear your case, be there when they consider your proposal to answer questions, and include plenty of pictures when you submit your paperwork. It would be helpful for you to obtain a letter from an arborist, stating that the tree is healthy but supporting your case of potential damage to your property. You can get approval. Lots of people do. Just attend the meeting (even though the meeting will be long and boring because you will have to sit through everyone elses cases until yours comes up on their agenda) and be willing to plant another tree elsewhere on your property.
Old 03-10-2020, 07:32 AM
greenflash245 greenflash245 is offline
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that's right! if the tree dies, you'll get ordered to take it down. the fact that it is healthy would not work for me. I might consult legal advice
Old 03-10-2020, 07:32 AM
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Bay Kid Bay Kid is offline
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These oaks are way too large for these size lots. Not sure what they were thinking when planted.
Old 03-10-2020, 08:08 AM
rmorris575 rmorris575 is offline
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Contact Tree Frog tree service. KANANI will solve your problem. He is an certified arborist. 352-446-5043
Old 03-10-2020, 08:16 AM
mainelovr mainelovr is offline
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Another vote for Tree Frog. Kinani is the owner, and a certified arborist. He told us that the majority of the oaks planted here are junk trees that should have never left the nursery. He took care of all the paperwork and removed 2 oaks on our property, one of which root system had broken through our sprinkler system and caused a minor flood. Call him. You’ll be glad you did.
Old 03-10-2020, 08:49 AM
Roberta Forcina Roberta Forcina is offline
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Sadly whenever you want to get something done on your property I find The Villages only to cater to their controlled rules. And they seem to have generated responses so they never really answer or address your issues.
Old 03-10-2020, 08:53 AM
Cgunn Cgunn is offline
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if someone emptied a bag of rock salt at the base of the tree... it would die in a year.
Old 03-10-2020, 08:57 AM
Aw Man Aw Man is offline
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Originally Posted by Roberta Forcina View Post
Sadly whenever you want to get something done on your property I find The Villages only to cater to their controlled rules. And they seem to have generated responses so they never really answer or address your issues.
Not true in my experience.
Refer to the posts immediately prior to the one above for good advice.
The OP should definitely call Kanani Morris at Tree Frog, it will be worthwhile in solving the OP’s problem.
Old 03-10-2020, 09:17 AM
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Originally Posted by grahambda View Post
Hi, so we have tried without success to get approval to remove an aging oak tree in our front yard. The roots are out of control lifting up the pavers and the driveway, with a real concern the roots will cause issues with the foundation not to mention the hurricane risk if/when the tree falls on the house.

I am now considering legal recourse or just getting it removed and accept the consequences. But .. what are those consequences? If it’s a fine then that may be acceptable vs the current problems and the potential of loosing our home due to a storm.

It’s there because the developer has to leave a certain number of native trees. I don’t know the exact formula but it is not just the developer being obstinate. If you cut it down, at a minimum, you will have to replace it with another similar tree (not a palm). There may also be a fine and even potential jail time. Posting your intent here certainly doesn’t help.
Old 03-10-2020, 09:47 AM
Bogie Shooter Bogie Shooter is offline
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Originally Posted by grahambda View Post
The just responded denying the application stating “the tree is healthy”
There must be more to your story.

We had an oak in our front lawn which we thought had a disease.
Applied to ARC to cut the tree down. They sent out their arborist to evaluate the tree. He agreed to disease, reported that to ARC and they approved. Tree is gone.

I question why ARC did not request the arborist, did theyARC, come and look at the tree?
The further a society drifts from truth the more it will hate those who speak it. George Orwell.
“Only truth and transparency can guarantee freedom”, John McCain
Old 03-10-2020, 10:14 AM
Nell57 Nell57 is offline
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Once a live oak has a diameter of a 4” trunk, it is a protected tree in the state of Florida. The developer plants a certain number of live oaks on residential property to balance out the number they remove when clearing for the infrastructure.
A few years ago some unnamed people in the Village of Bridgeport took out a number of live oaks because they had grown taller and were blocking their beautiful view. There was a HUGE consequence. It was under investigation by the Sumpter Co Sheriff dept.
New trees were replanted, and I believe an “association “ donated about $40,000 to make the problem go away.
So don’t do anything rash. Follow the advice from some of the previous posts that are on the conservative side
Old 03-10-2020, 11:26 AM
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blueash blueash is offline
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Originally Posted by Nell57 View Post
Once a live oak has a diameter of a 4” trunk, it is a protected tree in the state of Florida.
That assertion is wrong. All protections if they exist are local not state regulation. In fact in 2019 the state passed a new law which is designed to remove any local restrictions on the removal of problem trees on private property.

DeSantis signs bill weakening Tampa’s tree ordinance

Not even trees are safe from the Florida Legislature | Editorial

This new law has not yet been tested in the courts as far as I know. Also, here in TV there is an issue of whether this law has the effect of negating the ARC's authority to prohibit tree removal. As our regulation is not the result of a local law it may not. We are bound by a set of rules per a contract we signed. Generally a contract can regulate our behavior well beyond what a law regulates. For example we all can pretty much talk about anything. But if you signed a non-disclosure agreement as a private person that contract prohibits your discussing the covered issues. No crying 1st amendment and freedom of speech, unless the NDA is for some other reason found un-enforceable. So contracts can trump law.
Men plug the dikes of their most needed beliefs with whatever mud they can find. - Clifford Geertz
Old 03-10-2020, 01:48 PM
Two Bills Two Bills is offline
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Originally Posted by brianherlihy View Post
we tried to get rid of our grass. no luck now I just turnd off all the water to the grass it will just go a way
Until you get reported for having an non conforming lawned area!
Old 03-11-2020, 06:42 AM
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debron911 debron911 is offline
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Out tree is 100-200 years old as many oaks are around here. Some near Spanish Springs as old as 400! So The Villages wasn’t here when they were “planted.”
:Debbie & Ron Achtenberg

De La Vista North - Full Time

Growing old is mandatory, growing up is optional

Fins Up!
Old 03-11-2020, 06:47 AM
dmarti1973 dmarti1973 is offline
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You should have asked for forgiveness rather than permission. Legal action will be expensive and possibly more than the cost of the tree's removal and fine if there is one.
Closed Thread

roots, fine, consequences, tree, accept
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