HomeMy WebLinkAboutOcean Woods buffer restoration letter 1
City of Cape Canaveral
Ocean Woods Homeowners Association, Inc. January 29,2007
C/O Marc Leichtling, President
306 Ocean Woods Blvd.
Cape Canaveral, Florida 32920
RE: Buffer Zone Clearing
Dear Mr. Leichtling:
On behalf of the City of Cape Canaveral Code Enforcement Department, this
correspondence is being sent to the Ocean Woods Homeowner's Association in an
attempt to resolve the buffer clearing violation in the most reasonable and expeditious
way possible. Accordingly, I request a response to t!-.tis letter by March 1, 2007. It is our
intent to assist in resolving this issue as much as possible. However, lacking a response
by this date, the issue will be forwarded to the Code Enforcement Board.
As a result of a complaint regarding clearing of a designated buffer zone on the
South side of your property, a stop work order was posted at the main office of Ocean
Woods on December 6,2006.
Site visits by city staff and a meeting with the Ocean Woods Homeowners
Association, Inc. revealed that a condition of the development approval has been
violated. The development approval required the perpetual existence of a vegetative
buffer in its natural state. Unlawful removal of vegetation in this buffer zone subjects the
homeowner's Association to all applicable penalties oflaw.
The code enforcement department hereby agrees to afford the property owner
opportunity to restore the vegetative buffer. In order to comply, the areas that have been
cleared must be completely replanted within the next twelve months (by February 1,
2008) with a vegetative buffer with screening capabilities similar to what existed initially.
The City will assist by providing periodic compliance inspections as needed and
requested.
Answers to frequently asked questions:
Q: Is the Association permitted to remove trash from the buffer area?
A: Yes. Trash (non-vegetative material) does not form part of the natural vegetative
buffer and may be removed.
105 Polk Avenue . Post Office Box 326 . Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 . SUNCOM: 982-1222 . FAX: (321) 868-1247
www.myflorida.com/cape " email: ccapecanaveral@d1.rr.com
Q: Is the Association permitted to remove dead vegetative material from the buffer
area?
A: Yes, provided that any compromised portion of the buffer be replanted to return it
to its natural vegetative state. Example: If a tree in the buffer area dies, it should
be removed and the buffer must be restored by planting a desirable replacement
native tree in its place.
Q: Is the Association permitted to remove nuisance species (i. e. Brazilian pepper
trees and vines) from the buffer area?
A: Yes, provided that any compromised portion of the buffer be replanted to return it
to its natural vegetative state. Example: If a Brazilian pepper tree forms a portion
of the buffer area and the Association wishes to remove it, it shall be replaced by
planting a desirable replacement native tree in its place.
The intent is to perpetually maintain the natural vegetative material in its native
state to serve as a visual buffer. The criterion by which a compliance determination is
made shall be:
. To the visual senses of a reasonable person, does the vegetative buffer area screen
from view that which is beyond?
You have the right to appeal these determinations to the Board of Adjustment. If
you have any questions regarding the appeal process, or if! can assist in any other v/ay,
please do not hesitate to contact me.
Sincerely Yours,
~
Todd Morley
Building Official