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HomeMy WebLinkAboutChapter 622: Land Clearings Burning(Repealed May 1990)History File - Chapter 622 Codified Sep. 91 ORDINANCE NO. 22-90 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL , BREVARD COUNTY , FLORIDA , BY REPEALING CHAPTER 622 , LAND CLEARING AND LAND CLEARING BURNINGS, AND CHAPTER 657, TREE PROTECTION , IN THEIR ENTIRETY ; ESTABLISHING A NEW CHAPTER 657 ENTITLED "TREE PROTECTION AND LAND CLEARINGS " ; PROVIDING DEFINITIONS; PROVIDING FOR LAND CLEARING REGULATIONS ; PROHIBITING LAND CLEARING WHERE A PERMIT IS REQUIRED PRIOR TO THE ISSUANCE OF A DEVELOPMENT ORDER; REQUIRING SURVEY PERMITS AND LAND CLEARING PERMITS ; PROVIDING PROVISIONS FOR THE PROTECTION OF TREES AND VEGETATIVE BUFFERS ; PROVIDING FOR EXEMPTIONS ; PROVIDING FOR REVEGETATION REQUIREMENTS ; PROVIDING PENALTIES ; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING PROVISIONS ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Council of the City of Cape Canaveral, Florida , has determined that it is in the pulblic interest to establish regulations regarding the inappropriate and premature clearing of land; and WHEREAS , the City Council expresses its desire to protect trees and vegetation; and WHEREAS , trees and native vegetative communities enhance the quality of life, increase atmospheric oxygen , moderate climate extremes , abate air pollution , provide wildlife habitat and are essential to the hydrologic cycle; and WHEREAS , the City Council hereby expresses its desire to advance the goals of preservation and enhancement of the eco- logical balance of the natural environment; the protection and replenishment of native trees and vegetation; improvement of water quality and promotion of water conservation ; increasing direction of vehicular and pedestrian traffic and movement ; buffering incompatible land uses; promoting energy conservation; minimizing negative effects in the natural environment created by impervious surfaces; promoting the preservation of rare, endanger- ed or threatened vegetative or wildlife species and their habitat; encouraging the preservation of vegetation to reduce undesirable solar heat and glare, and visual, air and noise pollu- tion; enhancing the aesthetic quality of life in Cape Canaveral; and WHEREAS , plant experts at the University of Florida and University of Central Florida and experts in water conservation and soil conservation have provided information indicating bene- fits from the use of native plants; and WHEREAS , the use of native plants should reduce maintenance costs for items such as water, pesticides , and fertilizers since native plants are adapted to the conditions in Cape Canaveral; and WHEREAS , the preservation of water supplies is of great importance in the State of Florida; and WHEREAS , the protection of soil and prevention of dune and land erosion can be enhanced through the use of native plants due Ordinance No. 22-90 Page 1 of 10 to their adaptation to salinity, high temperatures and other conditions in Florida; and WHEREAS , using native plants helps restore species lost through land development and provides food and cover for wildlife; and WHEREAS , information and facts have been presented from the South Florida Water Management District Model Landscape Code for South Florida ( January 4 , 1987 ) , U . S . Department of Agriculture Soil Conservation Service, Plants for Coastal Dunes , Agriculture Information Bulletin 460, Soil Survey of Brevard County, National Wildlife Research Center, Austin, Texas, and Insects , Pests and Native Trees, by Wayne Dixon ( 1985 ) ; and WHEREAS , the City Council has determined it is necessary to prevent the unregulated and indiscriminate clearing of trees and vegetation within Cape Canaveral; and WHEREAS , the City Council has determined that the establishment of these land clearing regulations are necessary to advance the goals , and to promote the public health, safety and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT ORDAINED by the City Council of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1 . Chapter 657 , Tree Protection, and Chapter 622, Land Clearing And Land Clearings Burnings , of the Code of Ordinances are hereby repealed in their entirety and replaced with the following: CHAPTER 657 TREE PROTECTION AND LAND CLEARING Sec. 657 . 01 Definitions . For the purpose of this Chapter , the following terms shall have the meanings set forth hereunder . When consistent with the intent, the words used in the present tense include the future, words in the plural number include the singular, words used in singular number include the plural , and the word " shall " is always mandatory and not merely directory. Active Development Order : An action by the City of Cape Canaveral approving a site development plan , final development plan , or subdivision plat, or the issuance of a building permit, or the approval of a conditional use permit for a borrow pit, commercial borrow pit, or man-made lake. After The Fact Permit : A permit issued after a violation has occurred for the primary purpose of correcting said violation, or for bringing the violator into compliance with existing regulations. Agricultural Purpose : The bona fide commercial or domestic , agricultural use of a site, parcel , or lot which has been classified as "Green Belt" , pursuant to Chapter 194 , Florida Statutes , or the use of a site, parcel , or lot for forestry , groves , pasture , nurseries, field crops , commercial sod production , or combinations of such activities or any other agricultural pursuits within the applicable land use classifications , or property located within the Productive Agriculture Land Use Classification (PA) . Ordinance No. 22-90 Page 2 of 10 Barricade : Protection for vegetation to be preserved which is erected at the dripline and clearly visible to heavy equipment operators. Diameter At Breast Height ( dbh ) : The diameter of the trunk of a tree , or the sum of the stems of a multi-stemmed tree, measured four and one-half (4-1/2 ) feet above natural, or development grade. Dripline : An imaginary vertical plumb line that extends downward from the tips of the outermost tree branches and intersects the ground. Land Clearing : The removal of vegetation from any site, parcel , or lot; provided however , that it does not include mowing , trimming, or pruning, so as to maintain vegetation in a healthy, viable condition. Mangrove : Any specimen of the species Avicennia germinans ( Black Mangrove) , Lanquncularia racemosa (White Mangrove) or Rhizophora mangle (Red Mangrove) . Native Vegetation : Native vegetation shall mean plant material indigenous to Cape Canaveral , including all those species listed in , but not limited to, Appendix A, attached hereto and made a part hereof by this reference. Natural Cover : Trees , brush , roots and other by-products of land clearing activity. Recognized Knowledgeable Person : An individual recognized by the City as being knowledgeable in the identification and evaluation of vegetative resources, such as a forester , biologist , ecologist , horticulturalist , landscape architect , licensed landscape contractor , certified nurseryman or person having similar recognizable skills and experience. Tree : A woody or fibrous perennial plant with one or more upright limbs with a minimum dbh of one and one-half ( 1-1/2 ) inches, or a sum of dbh of one and one-half inches for multi-stemmed trees, and an average mature height of at least ten ( 10) feet. Tree Removal : Tree removal includes any act which physically removes the tree and/or its root system from the earth or causes a tree to die , or changes the natural grade above or below the root system or around the trunk without special protective measures. Understory : An underlying layer of low native vegetation usually associated with trees , as defined herein. Undesirable Species : Any of the species identified in Appendix B, attached hereto and made a part hereof by this reference. Vegetative Communities : A natural association of vegetative plants , including but not limited to both trees and understory. Vegetation : Any plant material including but not limited to trees, shrubs, vines, herbs and grasses. Viable: Having the capacity to live and develop. Sec. 657. 03 Land Clearing Regulations. Ordinance No. 22-90 Page 3 of 10 A . Application Requirements : Unless specifically exempted herein , it shall be unlawful for any person , individual , partnership , corporation , association or other legal entity to engage in land clearing of any site, parcel, or lot within the incorporated area of the City of Cape Canaveral, without prior written notification to the Building Official , pursuant to the following conditions and supplying the City the following information, at a minimum, on a form to be provided by the City. 1 . Legal description of the property , including street address. 2 . Name, address and phone number of property owner. 3 . Name , address and phone number of applicant, if other than property owner. 4 . Date upon which land clearing is to commence. 5 . Plot Plan : A dimensioned sketch plan showing the location of all existing and proposed structures , driveways , on-site sewage disposal facilities , waterbodies , existing trees and vegetative communities identified by species and size, or other information as required by the City. B. Where a permit is required, no land clearing shall take place and no survey or land clearing permit shall be issued prior to the issuance of an applicable development order for the subject property. C . Survey Permit: Required for Clearing for Surveys and Soil or Engineering Testing. 1 . Prior to any land clearing for surveying greater than five ( 5 ) feet in width or soil or engineering testing greater than eight ( 8 ) feet in width with a reasonable turnaround, the owner of the property proposed to be cleared , or his authorized agent, shall submit an application for said proposed land clearing activity to the Building Official , on such form as provided by the City. Said Survey Permit shall expire after thirty ( 30) days from the date of issuance . The Building Official may grant an administrative waiver for an additional thirty ( 30 ) days for hardship , including adverse weather , size of property, and inablility to obtain permits from other agencies. 2 . When a written Survey Permit has been issued , the applicant shall post the Survey Permit on the affected property in such a manner as to be visible from an abutting road right-of-way. Said Survey Permit shall remain posted on the affected property during all applicable land clearing activity. It is the responsiblity of the applicant to maintain the Survey Permit form in a clearly visible manner at all times. Ordinance No. 22-90 Page 4 of 10 3 . Prior to any land clearing , all trees to be protected shall be marked at the dripline by the erection of barriers clearly visible to heavy equipment operators. D. Land Clearing Permit: Required For Clearing Where An Active Development Order is Being Sought. 1 . The issuance of a Land Clearing Permit shall be required prior to land clearing after the applicant has obtained an approved site plan, subdivision approval or building permit (whichever is applicable) : a . If one or more trees one and one-half ( 1- 1/2 ) inches dbh , or greater excluding undesirable species , are to be removed from the property. b. If fifty percent ( 50% ) or greater, or more than one ( 1) acre, whichever area is less of the existing vegetation is to be removed from the property , excluding undesirable species, as defined herein. 2 . A Land Clearing Permit shall expire ninety ( 90 ) days from the date of issuance for single family and one hundred eighty ( 180 ) days for subdivisions , multi-family , commercial and industrial projects . Two extensions of thirty ( 30) days each may be authorized by the Building Official provided appropriate justification warrants , such as unusual weather , seasonal situations, or inability to obtain permits from other agencies. 3 . When a written Land Clearing Permit has been issued, the applicant shall post the Land Clearing Permit on the affected property in such a manner as to be visible from an abutting road right-of-way. Said Land Clearing Permit shall remain posted on the affected property during all applicable land clearing activity. It is the responsibility of the applicant to maintain the Land Clearing Permit in a clearly visible manner at all times. 4 . Prior to the issuance of a development order the applicant shall provide a tree and vegetative communities survey to the Building Official. a . Single-Family Residential: The property owner of a single-family lot shall provide a tree and vegetative communities survey, which may be hand-drawn , on a plot plan of the property , with approximate location of all structures , on - site disposal systems , driveways , and waterbodies shown . The plot plan shall depict the location, species and dbh of all trees to be counted toward the landscape point requirement . For those sites of five ( 5 ) acres or greater in size, a recent aerial photograph , including but not limited to, Brevard County REDI book photographs or Brevard County tax appraiser ' s blue line maps , may be required. Ordinance No. 22-90 Page 5 of 10 b. Subdivisions, Multi-Family, Commercial and Industrial : The owner or applicant shall provide a survey of tree( s) and vegetative communities as identified by aerial maps and/or soil survey maps , and a soil map, at a minimum. For those sites of five ( 5 ) acres or greater in size , a recent aerial photograph shall be provided. [See #2] Sec . 657 . 05 Protection of Trees and Vegetative Buffers. A. Development Size Thresholds . 1. All single-family, multi-family, subdivision or non-residential development, regardless of the size of the lot or parcel of land being developed, shall be subject to the provisions of this Chapter. 2. All trees preserved on site shall receive landscape credit as provided for by the Landscaping Ordinance. B. Preservation Thresholds . 1. Protected Trees : Any tree, with the excep- tion of the undesirable species listed in Appendix B of this Chapter , having a diameter (dbh) of one and one-half (1-1/2 ) inches or greater. 2. Vegetative Buffer Areas : Where a vegetative buffer is required by the Landscaping Ordinance, any natural vegetation within the required buffer area ( see Appendix A ) , with the exception of the undesirable species listed in Appendix B of this Chapter , shall be preserved . This shall include preservation of the understory. C. Removal Criteria. 1. A protected tree, as specified in paragraph (B) , above may only be approved for removal if one or more of the following criteria are met: a. Where site design modifications, as deter- mined by a pre-clearing inspection, are not feas- ible to allow the use permitted, as determined by the specific zoning of the subject property; b. Where the trunk of a protected tree is located closer than five ( 5 ) feet of the founda- tion of the proposed structure, and it is not feasible to relocate the structure. c. Where the trunk of a protected tree is located closer than ten (10 ) feet from the founda- tion of the proposed structure and the tree is considered having an agressive root system and/or the natural mature height is greater than thirty ( 30 ) feet and it is not feasible to relocate the structure. d. Where the location of the tree prevents the direct access to the property from a publicly dedicated and maintained roadway and/or where the tree constitutes a hazard to pedestrian or vehi- cular traffic which cannot be mitigated without removing the tree. Removal of the tree pursuant Ordinance No. 22-90 Page 6 of 10 to this criterion shall be exempt from the replacement criteria in sub-section ( D) below. e. Where the location of the tree prevents the construction of utility lines , drainage facilities , roadways or required parking areas which cannot be practically relocated or rerouted or where the trees cannot be utilized as part of these systems. f. Where the tree is weakened by age, storm, fire or other injury so as to pose a danger to persons , property, site improvements, or other trees. Removal of a protected tree pursuant to this criterion shall be exempt from the replacement criteria in sub-section (D) below. g. The tree or trees reduce the visibility of a non-residential development more than fifty percent ( 50% ) of the lineal footage of the lot along the roadway to which the project has primary frontage. 2. There shall be no clearing , except hand clearing, within the dripline of any protected tree or other trees selected to be preserved for land- scaping credit . Where no native vegetation exists within the dripline, pervious paving, bricking, or any other material which does not restrict the health and growth of a protected or preserved tree may be utilized. 3 . The natural grade may not be altered within the projected dripline of the tree except in accordance with the Florida Department of Forestry Tree Protection Manual , pp. 14-18 , or comparable accepted protective measures. D. Replacement Criteria: Where the removal of a protected tree meets any one or more of the criteria identified in sub-section (C) above, the developer may choose one of the following options: 1. The developer shall provide one or more native trees to replace the removed tree where the total dbh of the replacements is equal to one hundred percent (100% ) of the total dbh of the tree or trees removed , provided that the height above soil level is at least ten ( 10 ) feet . Replacement trees shall have a minimum of a dbh of two ( 2 ) inches. 2. The developer may relocate or transplant the protected tree elsewhere on the same lot or parcel of land or public land or private land within the City of Cape Canaveral. 3 . On a heavily wooded lot, the developer may pay a fee equal to fifty dollars ( $50 . 00 ) per inch of dbh of the tree or trees removed in lieu of replacement . Said fee will be deposited into the City ' s Environmental Trust Fund for the acquisition of environmentally sensitive lands and revegetation of public lands . 4 . No replacement is necessary if the removal is done pursuant to the criteria in Section 657 . 05 (C ) ( 1 ) (c) , (d) or ( f ) .' Ordinance No. 22-90 Page 7 of 10 E. Required Inspections. 1 . Predevelopment Inspection : Prior to any clearing activity or preparation of a site development plan or subdivision plat, the area to be cleared , as shown on the required vegetation location survey, shall be staked and the property will be inspected to assure that the tree survey is accurate and that the measures described in the application for land clearing permit, including but not limited to tree barricades , have been taken to protect all trees and vegetation. 2 . Inspection Prior to Certificate of Occupancy or Ceritifcate of Completion : Prior to issuance of a Certificate of Occupancy or Certificate of Completion, a site inspection will be conducted to assure that no unauthorized clearing has taken place and to assure that all protected trees and vegetation identified for preservation are in place and have been maintained in a viable condition. 3 . Follow- Up Inspection : A final site inspection may be conducted one ( 1 ) year after the issuance of a Certificate of Occupancy for single-family, multiple-family and non-residential developments to assure that no unauthorized removal of protected trees and vegetation has occurred. 4 . Reinspection : If trees and/or vegetation were not in place or not in a viable condition at the follow-up inspection , a reinspection may be conducted within ninety ( 90) days to assure that the trees and/or vegetation were replaced. F. Relocation of Trees : Where trees are proposed to be relocated for preservation purposes , a Land Clearing Permit shall be required. [Ord. No. 22-90, §1, 15 May 90] Sec. 657 . 07 Exemptions . No Survey Permit or Land Clearing Permit shall be required in the following situations: A. The emergency removal of a dead, or seriously damaged tree, which adversely affects the health , safety and welfare of the property owner or the general public. B . Where the proposed land clearing activity is regulated by another State or Federal agency , which regulations may supercede those of the City. C . Where the removal of vegetation has been ordered by the City pursuant to other Chapters of the City Code , and said removal conflicts with the requirements or intent of this Chapter , the City Manager , or his designee, shall negotiate a resolution of the conflict. D . Land clearing activities on single-family residential lots of one ( 1 ) acre or less in size, one ( 1 ) year after the issuance of a Certificate of Occupancy for the single-family residence built upon said single-family residential lot. E . The harvesting of trees for a bona fide commercial use is exempted from the Land Clearing Permit requirements when done in accordance with silviculture Best Management Practices. Ordinance No. 22-90 Page 8 of 10 F. A site, parcel or lot that is defined as having an agricultural or silvicultural purpose under this Chapter and the proposed land clearing is to be made in conjunction with those agricultural puposes or activities , and an active development order is not being sought. [See No 3] Sec . 657 . 09 Land Clearings Burnings of Land Cover Prohibited. Open burning of natural cover which is the result of land clearing is hereby prohibited. [See No 4] Sec . 657 . 11 Revegetation Requirements . In the event land clearing activities take place which are not consistent with the requirements of this Chapter, seeding and mulching of the area shall be required and shall be completed within thirty ( 30) days of the date of notification of violation by the Building Official. [Ord. No. 22-90, §1, 15 May 90] Sec . 657 . 13 Civil Penalties . Penalties for violations of this Chapter shall be as specified in Chapter 162 , Florida Statutes , and/or those listed below. No after the fact permits shall be issued by the City to correct violations of the land clearing requirements of this Chapter . Fines for such illegal land clearing shall be $250. 00 per hundred square feet cleared . This includes failure to erect proper barricades . If protected trees are illegally removed from the site, the fine shall be up to $250 . 00 per inch of diameter at breast height per tree, in addition to the $250. 00 per hundred square feet cleared penalty. [Ord. No. 26-73, §7, 17 Jul 73; Ord. No. 18-90, §2, 17 Apr 90; Ord. No. 22-90, §1, 15 May 90] Sec. 657 . 15 Criminal Penalties. Each violation of this Chapter shall be a misdemeanor of the second degree punishable by a fine up to $500.00 and a term of imprisonment not to exceed sixty ( 60 ) days . Each day any violation of this Chapter continues shall constitute a separate offense. [Ord. No. 22-90, §1, 15 May 90] SECTION 2 . EXEMPTIONS : The provisions of this Ordinance shall not apply to any property, structure or building for which a building permit has been issued by the Building Official , or a complete application for a building permit has been submitted to the Building Department , or for which a complete application for site development plan or final development plan has been submitted to the City, or for which a site development plan or final development plan has been approved by the City, prior to the effective date of this Ordinance. SECTION 3 . PERMITS PREVIOUSLY ISSUED: All lands which have an existing Land Clearing Permit, approved Site Plan, or Building Permit at the time of adoption of this Ordinance, shall be exempt from the requirements of this Ordinance which are inconsistent with Ordinance No. 18-90 . All Land Clearing Permits or Land Clearing Permits issued with no expiration date prior to the . effective date of this Ordinance shall be deemed to have been issued on the effective date of this Ordinance for the purpose of determining an expiration date. SECTION 4 . SEVERABILITY : If any section , paragraph , subdivision , clause, sentence, or provision of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect , impair , invalidate, or nullify the remainder of this Ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision , clause, sentence, or provision involved in said controversy in which such judgment shall be rendered. Ordinance No. 22-90 Page 9 of 10 SECTION 5 . CONFLICTING PROVISIONS: In case of direct conflict between any provision of this Ordinance and a part of provision of any other applicable Federal, State, Brevard County or, Cape Canaveral Ordinance, law, rule, code or regulation , the more restrictive provision shall apply. SECTION 6 . This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of May , 1990. [Ann. H. Thurm's signature] Mayor Pro Tem Attest: First Reading: 5-1-90 [Janet S. Leeser's signature] Posted: 5-2-90 City Clerk Advertised: 5-3-90 Approved as to Form: Second Reading: 5-15-90 [City Attorney's signature] NAME YES NO City Attorney ARABIAN X PORTER X RANDELS X SALAMONE Absent THURM X Ordinance No. 22-90 Page 10 of 10 [illegible] Codified Codified May 1990 LDR History File Chapter 622 ORDINANCE NO. 22-90 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL , BREVARD COUNTY , FLORIDA , BY REPEALING CHAPTER 622 , LAND CLEARING AND LAND CLEARING BURNINGS, AND CHAPTER 657, TREE P .ROTECTION , IN THEIR ENTIRETY ; ESTABLISHING A NEW CHAPTER 657 ENTITLED "TREE PROTECTION AND LAND CLEARINGS " ; PROVIDING DEFINITIONS; PROVIDING FOR LAND CLEARING REGULATIONS ; PROHIBITING LAND CLEARING WHERE A PERMIT IS REQUIRED PRIOR TO THE ISSUANCE OF A DEVELOPMENT ORDER; REQUIRING SURVEY PERMITS AND LAND CLEARING PERMITS ; PROVIDING PROVISIONS FOR THE PROTECTION OF TREES AND VEGETATIVE BUFFERS ; PROVIDING FOR EXEMPTIONS ; PROVIDING FOR REVEGETATION REQUIREMENTS ; PROVIDING PENALTIES ; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Council of the City of Cape Canaveral , Florida , has determined that it is in the public interest to establish regulations regarding the inappropriate and premature clearing of land; and WHEREAS , the City Council expresses its desire to protect trees and vegetation; and WHEREAS , trees and native vegetative communities enhance the quality of life, increase atmospheric oxygen , moderate climate extremes , abate air pollution , provide wildlife habitat and are essential to the hydrologic cycle; and WHEREAS , the City Council hereby expresses its desire to advance the goals of preservation and enhancement of the eco- logical balance of the natural environment; the protection and replenishment of native trees and vegetation; improvement of water quality and promotion of water conservation ; increasing direction of vehicular and pedestrian traffic and movement ; buffering incompatible land uses; promoting energy conservation; minimizing negative effects in the natural environment created by impervious surfaces; promoting the preservation of rare, endanger- ed or threatened vegetative or wildlife species and their habitat; encouraging the preservation of vegetation to reduce undesirable solar heat and glare, and visual, air and noise pollu- tion; enhancing the aesthetic quality of life in Cape Canaveral; and WHEREAS , plant experts at the University of Florida and University of Central Florida and experts in water conservation and soil conservation have provided information indicating bene- fits from the use of native plants; and WHEREAS , the use of native plants should reduce maintenance costs for items such as water, pesticides , and fertilizers since native plants are adapted to the conditions in Cape Canaveral; and WHEREAS , the preservation of water supplies is of great importance in the State of Florida; and .WHEREAS , the protection of soil and prevention of dune and land erosion can be enhanced through the use of native plants due Ordinance No. 22-90 Page 1 of 10 Codified Feb 1986 ORDINANCE NO. 26-85 AN ORDINANCE AMENDING CHAPTER 622 , LAND CLEARINGS BURNINGS , OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING THE TITLE AND ESTABLISHING SECTION 622 . 03 "BURIAL OF TRASH AND NATURAL COVER PROHIBITED" ; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral , Florida, as follows : SECTION 1 . The title Land Clearings Burnings is hereby amended to read "Land Clearings and Land Clearings Burnings" . SECTION 2 . Section 622 . 03 is hereby established as follows : Sec. 622. 03 Burial of Trash and Natural Cover Prohibited. The burying of trash and natural cover which is a result of land clearings is prohibited on construction sites within the City of Cape Canaveral , Florida. [Ord. No. 26-85, §2, 21 May 1985] SECTION 3 . All portions of the code in conflict herewith are hereby repealed. SECTION 4 . This Ordinance shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral , Florida, this 21st day of May, 1985 . [Wayne Rutherford's signature] Mayor ATTEST: NAME YES NO FISCHETTI X MARCHETTI X [Janet S. Leeser's signature] NICHOLAS X City Clerk RUTHERFORD X WINCHESTER X Approved as to Form: First Reading 5-7-85 Posted: 5-8-85 Advertised: 5-11-85 [City Attorney's signature] Second Reading: 5-21-85 City Attorney § 622 . 01 LAND CLEARINGS AND BURNINGS § 622 .04 CHAPTER 622 LAND CLEARINGS AND BURNINGS Sec. 622 . 01 Definitions. As used in this Chapter, the words "trash" and "natural cover" have the following meaning: (A) "Trash" shall mean all accumulations of grass, trees, shrubbery or weed cuttings, pine needles, and other refuse incident to the care of lawns, shrubbery, vines, trees and gardens . The term "trash" shall not be taken to include broken or used appliances, furniture, bedding, building materials, lumber, logs or other materials of like nature more than four (4) feet in length. (B) "Natural cover" shall mean trees, brush, roots and other by-products of land-clearing activity. [Ord. No . 10-80, §1, 19 Aug 80] Sec. 622 .02 Land Clearings Burnings of Trash and Land Cover Prohibited. Open burning of trash and natural cover which is the result of land clearing is prohibited in the City of Cape Canaveral, Florida. [Ord. No. 10-80, §1, 19 Aug 80 ; Ord. No. 4-85, §1, 19 Feb 85] [text saying 622.03, and pointing here] Sec. 622 . 04 Penalty Clause. (A) Any person, firm or corporation violating any provision of this Chapter, shall be subject to a fine not to exceed $500 .00 or by imprisonment not to exceed sixty (60) days, or by both such fine and imprisonment. In the case of continuing offenses, each violation shall constitute a separate offense. [Ord. No. 10-80 , §1, 19 Aug 80] CHAPTER REVISED 19 FEB 85 Codified Mar 1985 ORDINANCE NO. 4-85 AN ORDINANCE AMENDING CODE CHAPTER 622, LAND CLEARINGS BURNING, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORI4A, BY DELETING SECTIONS 622 . 02 AND 622 . 03 AND REPLACING WITH A NEW SECTION 622 . 02 , "LAND CLEARINGS BURNINGS OF TRASH AND LAND COVER PROHIBITED" ; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE . BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows : SECTION 1 . Sections 622 . 02 and 622 . 03 of the Code of Ordinances are hereby deleted in their entirety and replaced with the following: Sec. 622 . 02 Land Clearings Burnings of Trash and Land Cover Prohibited. Open burning of trash and natural cover which is the result of land clearing is prohibited in the City of Cape Canaveral, Florida. [Ord. No. 10-80 §1, 19 Aug 80; Ord. No. 4-85, §1 , 19 Feb 85] [Wayne Rutherford's signature] Mayor Attest: First Reading 2-5-85 [Janet S. Leeser's signature] Posted: 1-16-85 City Clerk Advertised: 1-28-85 Second Reading: 2-19-85 NAME YES NO FISCHETTI X MARCHETTI X NICHOLAS X Approved as to Form: RUTHERFORD X [City Attorney's signature] WINCHESTER X City Attorney S 622. 01 LAND CLEARINGS BURNING § 622. 03 CHAPTER 622 LAND CLEARINGS BURNING Sec. 622 . 01 Definitions. As used in this Chapter, the words "trash" and "natural cover" have the following meaning: (A) "Trash" shall mean all accumulations of grass , trees, shrubbery or weed cuttings , pine needles, and other refuse incident to the care of lawns , shrubbery, vines, trees and gardens . The term "trash" shall not be taken to include broken or used appliances, furniture, bedding, building materials , lumber, logs or other materials of like nature more than four (4) feet in length. (B) "Natural cover" shall mean trees, brush, roots and other by-products of land-clearing activity. [Ord. No.10-80, § 1, 19 Aug 1980] See Ord. [text saying "this stays in"] Sec. 22 . 04 Penalty Clause. (A) Any person, firm or corporation violating any provision of this Chapter, shall be subject to a fine not to exceed $500 . 00 or by imprisonment not to exceed sixty (60) days or by both such fine and imprisonment. In the case of continuing offenses, each violation shall constitute a separate offense. [Ord. No. 10-80 , § 1, 19 Aug 1980] Codified 1981 ORDINANCE NO. 10-80 AN ORDINANCE ADOPTING THE LAND CLEARINGS BURNING ORDINANCE BY ESTABLISHING A CHAP- TER 622 OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA ENTITLED "LAND CLEARINGS BURNING" ; ESTABLISHING CONDITIONS FOR OPEN BURNING OF TRASH AND NATURAL COVER; PRO- VIDING FOR PERMIT REQUIREMENTS; PROVIDING FOR PENALTIES ; REPEALING CONFLICTING ORDI- NANCES ; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral , Florida, as follows : SECTION 1. There is hereby established Chapter 622 entitled "LAND CLEARINGS BURNING" to be incorporated into the City Code of the City of Cape Canaveral, Florida, as follows : CHAPTER 622 LAND CLEARINGS BURNING 622. 01 DEFINITIONS : As used in this Chapter, the words "trash" and "natural cover" have the following meanings : (a) "Trash" shall mean all accumulations of grass , trees , shrubbery or weed cuttings , pine needles , and other refuse incident to the care of lawns , shrubbery, vines , trees and gardens . The term "trash" shall not be taken to include broken or used appliances , furniture, bedding, building materials , lumber, logs or other material of like nature more than four (4) feet in length. (b) "Natural cover" shall mean trees , brush, roots and other by-products of land-clearing activity. t 622.02 CONDITIONS FOR OPEN BURNING OF TRASH AND NATURAL COVER: Open burning of trash and natural cover which is the result of land clearing may be permitted by the Fire Department when it is determined that: (a) Weather conditions will allow the escape of smoke and fire by-products without being a hazard or nuisance to the surrounding citizens or their property. (b) The location, amount, anf nature of these materials, when burning, present no health or safety hazards to the surrounding citizens or their property (c) The time of day that materials may be burned and when they must be extinguished shall be from 9:00 A.M. until one (1) hour before sunset. 622. 03 PERMIT REQUIRED: (a) a burning permit must be secured from the City Treasurer of the City of Cape Canaveral , Florida and shall be subject to such conditions as are imposed by the Fire Department pursuant to Section 622. 02 hereof . The burning permit must be signed by two (2) line officers of the Cape Canaveral Volunteer Fire Department 622. 03 (a) (cont. ) The line officers shall view the burn site before their. signing the burning permit . Once the line officers have signed the permit, it shall be returned to the City Treasurer. The City Treasurer shall collect the fee in advance and issue the burning permit to the applicant . Prior to the issuance of the burning permit, the City Treasurer will contact one of the line officers whose signature appears on the permit to confirm that the conditions are still favorable to allow the burning. (b) Any violation of the conditions of the burning peLuiit or of any provision of this law shall be cause for revocation of said permit and may be considered as a basis for denial of subsequent applications where such violations have been deter- mined by the Fire Chief to have constituted a public hazard. Each permit shall be good for one (1) day only. It is expressly understood that the burning permit is revocable at any time . (c) A fee will be assessed for each permit as provided by Resolution. 622 . 04 PENALTY CLAUSE: (a) Any-person, firm or corporation violating any provision of this Chapter shall be subject to a fine not to exceed $500. 00 or by imprisonment not to exceed sixty (60) days or by both such fine and imprisonment . In the case of continuing offenses , each violation shall constitute a separate offense. SECTION 2. All Ordinances or parts thereof, and all portions of the City Code in conflict herewith are hereby repealed. SECTION 3 . This Ordinance shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida this 19th day of August , 1980 , [Mayor's signature] Mayor Attest: [Deputy City Clerk's signature & seal] Deputy City Clerk Approved as to Form: [City Attorney's signature] City Attorney NAME YES NO BOYD X CALVERT X LEE X MURPHY X RUTHERFORD X First Reading: 8-5-80 Posted: 8-6-80 Advertised: 8-11-80 Second Reading: 8-19-80