HomeMy WebLinkAboutCode Master Project 1978: Chapter 657: Tree Protection (No Change)[this entire page is crossed out]
§ 657. 03 TREE PROTECTION § 657 . 03
(2) The tree unreasonably restricts the permitted
use of the property;
(3) Whether a rearrangment of the structures or
improvements thereon will result in the saving of
trees, particularly on parcels having minimal tree
density;
(4) Whether or not rearrangement of the building
structure will significantly add to the overall cost
of the development;
(5) Whether or not the tree is located where
surveying or soil determination work may take place;
(6) Whether or not the tree is diseased, injured
or in danger of falling;
(7) Whether the tree is too close to existing or
proposed structures;
(8) Whether the tree unmanageably threatens or
causes disruption to public utility service or poses
a threat to vehicular or pedestrian safety;
(9) Whether or not the removal of the tree is
desirable in order to enhance or beneift the condition
of other remaining trees .
(C) In making the determination, the Building Official
may inspect the tree and its location and utilize any
outside technical assistance that may be necessary, in-
cluding the advice and assistance of the City of Cape
Canaveral Beautification Board.
(D) A permit for tree removal may include requirements
for replacement of trees and may specify size and kind of
trees and location of replacement trees.
(E) Prior to issuance of tree removal permits on
undeveloped land, the Building Official shall consider
whether or not the plan for development has been submitted
by the applicant and whether or not the tree in question
poses a safety hazard to buildings , pedestrain or vehicular
traffic or public utility service.
(F) No permit shall be required if the tree is diseased,
injured or in danger of falling . This is not to exceed two
trees on one property or one parcel. [Ord. No. 26-73 , § 3 ,
17 Jul 1973; Ord. No. 51-73 , § 3, 18 Dec 1973]
§ 657 . 04 TREE PROTECTION § 657 . 07
Sec. 657 . 04 New Construction Permits. As a condition
to issuance of a permit for new construction, the Building
Official may require that protection for existing trees
be provided during construction, as well as the other
standards and criteria as set forth herein. [Ord. No.
26-73 , § 4 , 17 Jul 1973; Ord. No. 51-73 , § 4 , 18 Dec 1973]
Sec . 657. 05 Appeals from Decisions Provided. Any
party may appeal a decision of the Building Official
under this Chapter to the Board of Adjustment, under
the rules provided in the Zoning Chapter for the appeal
of decisions. The Board of Adjustment may use the stan-
dards and criteria as set forth in this Chapter in their
review. [Ord. No. 26-73 , § 5 , 17 Jul 1973; Ord. No. 51-
73, § 5 , 18 Dec 1973]
Sec . 657 . 06 Emergencies. In case of emergencies such
as hurricane, windstorm, flood or other disasters , the
requirements of these sections may be waived by the City
Manager upon recommendation by the Building Official and
a finding that such a waiver is necessary so that public
or private work to restore order in the City will not be
impeded. [Ord. No. 26-73 , § 6, 17 Jul 1973; Ord. No. 22-90,
#3 §1, 15 May 90]
Sec. 657 . 07 Penalty.
(A) Any person who shall violate the provisions of
this Chapter shall be punished by fine not to exceed Five
Hundred Dollars ($500) or imprisonment not to exceed ten
(10) days or both.
(B) Violations of this Chapter shall be grounds for
revocation or suspension of any building permits issued.
[Ord. No. 26-73 , § 7 , 17 Jul 1973]
History File Chapter 657
City Clerk
April 12, 1990
Proposed Amendments to Ordinance No. 18-90
(Recommended by City Attorney)
Amendment #1 - Amend Section 1 by adding the following words to
the last sentence of Sec. 657. 02(A) :
In addition, without prior written permission of the Building
Official, the removal or destruction of the following plant life
is hereby prohibited.
Amendment #2 - Amend Section 2 by adding the following word to
Sec. 657. 07(C) :
Any person who violates the provision of Section 657. 02 by
illegally removing or destroying any of the prohibited plant
life shall be . . .
Amendment #3 - Add a new Section 3 as follows, and renumber
Sections 3 and 4 accordingly:
SECTION 3 . If any portion of this
Ordinance for any reason is held to be unconstitutional or
invalid, such holding shall not affect the remaining portions
hereof and it shall be construed to have been the legislative
intent to pass this Ordinance without such unconstitutional or
invalid part.
ORDINANCE NO. 18-90
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING CHAPTER
657, TREE PROTECTION, OF THE CODE OF
ORDINANCES BY PROHIBITING THE
DESTRUCTION OF CERTAIN PLANT LIFE;
ESTABLISHING PENALTIES; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH ; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Cape Canaveral,
Florida, is concerned about the environment; and
WHEREAS, the City Council of the City of Cape Canaveral,
Florida, is concerned for the health, morals and welfare of the
citizens of Cape Canaveral ; and
WHEREAS, the City Council of the City of Cape Canaveral
feels that destruction of the natural vegetation may adversely
affect the quality of life of the citizens of Cape Canaveral ; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1 . Chapter 657, Tree Protection, of the Code of
Ordinances of the City of Cape Canaveral, Florida is hereby
amended by deleting sub-section 657. 02(A) in its entirety and
replacing with the following:
Sec. 657.020) No person shall cut down, destroy,
remove, effectively destroy through damaging,
any t withtrunk diameter of four inches or more
without first obtaining a tree removal permit. In addi-
tion, without prior written permission of the building official, the removal or destruction of the following plant
life is hereby prohibited:
Silver Palmetto
Palm
Cedar
Mulberry
Red Bay
Live Oak
Slash Pine
Water Oak
Leather Fern
Coffee Plant
Hackberry
Strangler Fig
Scrub Oak
Sea Grape
SECTION 2. Sub-section 657. 07 is hereby amended by adding
the following sub-paragraph:
Ordinance No. 18-90
Page 1 of 2
Sec. 657 .07(C) Any per on who violates the provi-
sion of section 657 . 02 by illegally removing or destroying any of
the prohibited plant life shall be punished by a fine
of $250. 00 for each inch of diameter of plant removed
(measured one foot from the ground ) , with a minimum
penalty of $250 . 00 per plant.
SECTION 3. All portions of the Code in conflict herewith
are hereby repealed.
SECTION 4 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1990.
[no signature]
Mayor
Attest:
[no signature]
City Clerk
Approved as to Form:
[no signature]
City Attorney
New Section
Should any portion of this
Ord be found unconstitutionally
Ordinance No. 18-90
Page 2 of 2
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL,FLORIDA 32920
TELEPHONE 407 783-1100
CITY OF
CAPE CANAVERAL
March 30, 1990
MEMORANDUM
TO: Mayor and City Council
FROM: City Clerk
RE: ADOPTING REGULAR ORDINANCE TO ENACT REGULATIONS ADOPTED
BY EMERGENCY ORDINANCE NO. 17-90
I would suggest that you consider an add-on item at the Regular
Meeting on Tuesday, April 3rd to adopt an ordinance to enact the
regulations adopted by Emergency Ordinance No. 17-90.
As you know, the emergency ordinance is only good for thirty days.
An ordinance to keep these regulations in place needs to be
adopted prior to the expiration of the thirty days. So that I
can meet the necessary advertising requirements, I would suggest
Ordinance No. 18-90 be considered as an add-on item for first
reading at the April 3rd meeting.
After the Beautification Board completes their review of the
Brevard County Tree Ordinance, a comprehensive new ordinance will
be prepared for your consideration.
[signature]
Janet S. Leeser
City Clerk
jl
ORDINANCE NO. 18-90
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING CHAPTER
657, TREE PROTECTION, OF THE CODE OF
ORDINANCES BY PROHIBITING THE
DESTRUCTION OF CERTAIN PLANT LIFE;
ESTABLISHING PENALTIES; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Cape Canaveral,
Florida, is concerned about the environment; and
WHEREAS, the City Council of the City of Cape Canaveral,
Florida, is concerned for the health, morals and welfare of the
citizens of Cape Canaveral; and
WHEREAS, the City Council of the City of Cape Canaveral
feels that destruction of the natural vegetation may adversely
affect the quality of life of the citizens of Cape Canaveral; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1 . Chapter 657, Tree Protection, of the Code of
Ordinances of the City of Cape Canaveral, Florida is hereby
amended by deleting sub-section 657.02(A) in its entirety and
replacing with the following:
Sec. 657.02(A) No person shall cut down, destroy,
remove or effectively destroy through damaging,
any tree with a trunk diameter of four inches or more
without first obtaining a tree removal permit. In addi-
tion, the removal or destruction of the following plant
life is hereby prohibited:
Silver Palmetto
Palm
Cedar
Mulberry
Red Bay
Live Oak
Slash Pine
Water Oak
Leather Fern
Coffee Plant
Hackberry
Strangler Fig
Scrub Oak
Sea Grape
SECTION 2. Sub-section 657.07 is hereby amended by adding
the following sub-paragraph:
Ordinance No. 18-90
Page 1 of 2
Sec. 657.07(C) Any person who violates the provi-
sion of section 657.02 by removing or destroying any of
the prohibited plant life shall be punished by a fine [illegible]
60 $250.00 for each plant removed or destroyed.
A certified copy of the order imposing a [illegible]
[illegible] be recorded in the public records & thereafter shall
constitute a lien against the land on which the violation
exists and upon any other real or personal property of the
violator. Said lien shall be enforcable as provided in Florida
Statutes 162.09.
SECTION 3. All portions of the Code in conflict herewith
are hereby repealed.
SECTION 4. This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1990.
[no signature]
Mayor
Attest:
[no signature]
City Clerk
Approved as to Form:
[no signature]
City Attorney
Ordinance No. 18-90
Page 2 of 2
Mr. Arabian requested the Special Meeting of March 29, 1990 be
called to consider the following:
An Emergency Ordinance to prevent the further destruction of
specific plant species :
Live Oaks
Red Bay
Red Cedar
Silver Palmetto
Water Oak
Slash Pine
Leather Fern
Background - Within the last week 100 or more trees, some as
large as 18" in diameter, have been bulldozed. Around 12 acres
of virgin forest has been destroyed . The City put a temporary
stop on the destruction on March 28th.
History File Chapter 657
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407 783-1100
CITY OF
CAPE CANAVERAL
May 10, 1990
MEMORANDUM
TO: Mayor and City Council
FROM: Jan Leeser, City Clerk
RE: PROPOSED AMENDMENT TO ORDINANCE NO. 22-90
The attached copy of Ordinance No. 22-90 relects a new Section
657. 15 regarding Criminal Penalties as recommended by the City
Attorney.
If you wish to adopt this Section, you will need a motion to
amend at the Regular Council meeting.
Janet S. Leeser
City Clerk
289 § 622 . 01 LAND CLEARINGS AND § 622. 04
LAND CLEARINGS BURNINGS
CHAPTER 622
LAND CLEARINGS AND
LAND CLEARINGS 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 , 51 , 19 Aug 80]
Sec. 622. 02 Land Clearings Burnings of Trash and
* Land Cover Prohibited. Open burning of trash and natural
657.09 cover which is the result of land clearing is prohibited
673.04 in the City of Cape Canaveral , Florida. [Ord. No. 10-80,
Garbage & Trash Removal §1 , 19 Aug 80; Ord. No. 4-85 , 51 , 19 Feb 85)
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 , 52 ,
21 May 85]
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 , 51 , 19
Aug 80]
CHAPTER REVISED
21 MAY 85
To be codified
Codified May 1990
LDR
History File
Chpt 657
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 SEVE.RABILITY; 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
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.
[See #1]
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 Revecetation 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.
[signature]
Mayor Pro Tem
Attest:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: 5-1-90
Posted: 5-2-90
Advertised: 5-3-90
Second Reading: 5-15-90
NAME YES NO
ARABIAN YES
PORTER YES
RANDELS YES
SALAMONE Absent
THURM YES
Ordinance No. 22-90
Page 10 of 10
APPENDIX A
LIST OF RECOMMENDED LANDSCAPING PLANTS
The following list of trees and plants is intended to provide a guide to the developer
and homeowner in selecting appropriate vegetation for proposed landscaping plans.
Native vegetation is considered ideal for landscaping since these plants have became
adapted to Brevard County's particular set of climatic conditions. If natives are
utilized in parallel environments to those ecosystems and in the form and size context
in which they naturally occur, a long-lived and maintenance free landscape scheme will
result. The following list also contains recommended species which are not native to
Brevard County but can be utilized with many of the same benefits as native plants.
KEY TO CODES USED IN THE LIST
Community:
(N) North Brevard County
(C) Central Brevard County
(S) South Brevard County
(B) Barrier Island
Form and Size:
(ST) Small Tree - average mature height of at least ten (10) feet and less than twenty
(20) feet.
(MT) Medium Tree - average mature height of at least twenty (20) feet and no greater
than sixty (60) feet.
(LT) Large Tree - average mature height over sixty (60) feet.
(P) Palm Tree (S) Shrub (G) Ground Cover (V) Vine (A) Aquatic
Temperature:
(+) Cold Tolerant
(-) Cold Intolerant - Although these species occur in Brevard County, they are at the
northern limit of their range and are suggested only for southern and eastern Brevard
in protected areas.
NATIVE SPECIES
Form Botanical Common Community Cold
Size Name Name Tolerance
ST Acacia farnesiana Acacia Tree N,C,S +
Ardisia escallonioides Marlberry C,S -
Bumelia tenax Tough Buckthorn N,C,S,B +
Capparis cyanophallophora Jamaica Caper B -
Capparis flexuosa Limber Caper B -
Chrysobalanus icaco Coco Plum S,B -
Citharexylum fructicosum Fiddlewood S,B -
Coccoluba uvitera Sea Grape S,B -
Conocarpus erects Buttonwood S,B -
Cornus foemina Swamp Dogwood N,C,S +
Dodonea viscosa Varnish Leaf B -
Drypetes laterifolia Guiana Plum B -
Eugenia axillaris White Stopper C,S,B -
Eugenia foetida Spanish Stopper B -
Exothea paniculata Inkwood B -
Forestiera segregata Florida Privet N,C,S,B +
Guapira discolor Blolly S,B -
Hamelia patens Firebrush S,B -
Krugiodendron ferreum Black Ironwood S,B -
Laquncularia racemosa White Mangrove S,B -
Myrclanthes fragrens Simpson Stopper N,C,S,B +
Myrica cerefera Wax Myrtle N,C,S,B +
Myrsine floridana Myrsine C,S,B -
Nectandra coriacea Lancewood C,S,B -
Quercus chapnanii Chapman Oak N,C,S,B +
Attachment to
Ordinance No. 22-90
Page 1 of 5
Form Botanical Canmon Community Cold
Size Name Name Tolerance
ST Quercus incana Blue Jack Oak N,C,S +
Quercus minima Dwarf Live Oak N,C,S,B +
Quercus geninata Sand Live Oak N,C,S,B +
Rhus copallina Southern Sumac N,C,S,B +
MT Avicennia germinans Black Mangrove N,C,S,B +
Bursera simaruba Gumbo Limbo S,B -
Carpinus caroliniana Hornban/Bluebeech N,C +
Carya floridana Scrub Hickory N,C,S,B +
Carya glabra Pignut Hickory N,C,S,B +
Celtis laevigata Sugarberry N,C,S +
Chrysophyllum oliveforme Satinleaf S,B -
Coccoloba diversifolia Pigeon Plum S,B -
Diospyros virginiana Persimmon N,C,S,B +
Ficus aurea Strangler Fig C,S,B -
Fraxinus caroliniana Water Ash/Pop Ash N,C,S +
Gordonia lasianthsus Loblolly Bay N,C,S +
Ilex cassine Dahoon N,C,S,B +
Ilex vanitoria Youpon Holly N,C,S +
Juniperus silicicola South. Red Cedar N,C,S +
Magnolia virginiana Sweet Bay N,C,S +
Mastichodendron foetidissimum Mastic Tree B -
Morus rubra Red Mulberry N,C,S +
Osmanthus americanus Wild Olive N,C,S +
Persea borbonia Red Bay N,C,S,B +
Pinus clausa Sand Pine N,C,S +
Prunus caroliniana C. Cherry Laurel N,C,S,B +
Quercus laevis Turkey Oak N,C,S +
Rhizophora mangle Red Mangrove C,S,B -
Ulmus americana American Elm N,C,S +
Zanthoxylum clava-herculis Hercules Club N,C,S,B +
LT Acer rubrum South. Red Maple N,C,S +
Liquidambar styraciflua Sweetgum N,C,S +
Magnolia grandiflora Southern Magnolia N,C,S,B +
Nyssa sylvatica Swamp Black Gum N,C,S +
Pinus ellottii Slash Pine N,C,S,B +
Pinus palustris Longleaf Pine N,C,S +
Quercus laurifolia Laurel Oak N,C,S +
Quercus virginiana Live Oak N,C,S +
Taxidium distichum Bald Cypress N,C,S +
P Paurotis wrighti Saw Palmetto N,C,S +
Sabal palmetto Cabbage Palm N,C,S,B +
S Bacharis halimifolia Groundsel Tree N,C,S,B +
Befaria racenosa Tar Flower N,C,S +
Callicarpa americana Beauty Berry N,C,S +
Cephalanthus occidentalis Buttonbush N,C,S +
Croton punctatus Beach Croton B -
Erythrina herbaceae Coral Bean N,C,S,B +
Iva imbricata Marsh Elder B -
Iva frutescens Marsh Elder S -
Lantana involucrata Wild Sage B -
Lycium carolinianum Christmas Berry N,C,S,B +
Lyonia ferruginea Staggerbush N,C,S,B +
Lyonia fruticosa Staggerbush N,C,S,B +
Lyonia lucida Fetterbush N,C,S,B +
Psychotria nervosa Wild Coffee C,S,B -
Psychotria sulzneri Wild Coffee C,S,B -
Quercus myrtifolia Myrtle Oak N,C,S,B +
Quercus pumila Running Oak N,C,S,B +
Rhapidophyllum Hystrix Needle Palm N,C,S,B +
Randia aculeata Randia C,S -
Sophora tanentosa Necklace Pod S,B -
Vaccinium spp. Blueberry N,C,S,B +
Yucca aloifolia Spanish Bayonet N,C,S,B +
Zanthoxylum fagara Wild Lime S +
Attachment to
Ordinance No. 22-90
Page 2 of 5
Form Botanical Common Community Cold
Size Name Name Tolerance
G Acrostichum danaeafolium Leather Fern N,C,S,B +
Aristida spp. Wiregrass N,C,S,B +
Borrichia frutescens Sea Oxeye Daisy N,C,S,B +
Ceratiola ericoides Rosemary N,C,S,B
Crinum americanum String Lily N,C,S,B +
Ernodea littoralis Golden Creeper S,B -
Gaillardia pulchella Firewheel N,C,S,B +
Garberia fruticosa Garberia N,C,S +
Helianthus debilis Beach Sunflower N,C,S,B +
Hymenocallis latifolia Spider Lily N,C,S,B +
Hypericum spp. St. John's Wort N,C,S,B +
Licania michauxii Gopher Apple N,C,S,B +
Nephrolepis cordifolia Boston Fern N,C,S +
Nephrolepis biserrata Boston Fern S -
Nephrolepis exaltata Boston Fern N,C,S, +
Nolina atopocarpa Florida Beargrass N,C,S +
Opuntia humifusa,canpressa Prickly Pear N,C,S,B +
Opuntia stricta Prickly Pear N,C,S,B +
Osmunda cinnemamea Cinnamon Fern N,C,S +
Osmunda regalis Royal Fern N,C,S +
Panicum amarulum Beach Grass N,C,S,B +
Panicum canmutatum Panic Grass N,C,S,B +
Physalis viscosa Ground Cherry N,C,S,B +
Pilobiephis rigida Pennyroyal N,C,S,B +
Portulaca pilosa Pink Purslane N,C,S,B +
Pteridium aquilinum Bracken Fern N,C,S,B +
Rubus trivialis Southern Dewberry N,C,S +
Serenoa repens Saw Palmetto N,C,S,B +
Sesuvium portulacastrum Sea Purslane C,S,B +
Spartina spp. Spartina/Cordgrass N,C,S,B +
Uniola paniculata Sea Oats N,C,S,B +
Yucca filamentoua Adams Needle N,C,S,B +
Zamia floridana, pumilia, Coontie/Arrowroot N,C,S,B +
integrifolia, angustifolia
A Nuphar lutea Spatter-Dock N,C,S +
Nymphea odorata White Waterlily N,C,S +
Pontederia cordata Pickerelweed N,C,S +
Sagittaria spp. Arrow Head N,C,S +
V Caesalpinia bonduc, crista Gray Nickerbean B -
Canavalia rosea Beach Bean S,B -
Cissus trifoliata Marine Vine N,C,S +
Ipanea pes-caprae Railroad Vine C,S,B -
Ipanea spp. Morning Glory N,C,S,B +
Ipanea stolonifera Beach Morning Glory B -
Parthenocissus quinquefolia Virginia Creeper N,C,S,B +
Vitis aestivalis Summer Grape N,C,S +
Vitis rotundifolia Muscadine Grape N,C,S,B +
Vitus shuttleworhtii Calusa Grape N,C,S +
NOTE: Those species which are identified as occuring in the Barrier Island Community
are found there naturally. Planting these species may be difficult due to salt burn
and may undergo substantial shock before becoming acclimated to the Barrier Island
conditions.
NON-NATIVE SPECIES
Form Botanical Common Commmunity Cold
Size Name Name Tolerance
ST Eucalyptus cinera Silver Dollar N,C,S +
Lagerstrania indica Crepe Myrtle N,C,S +
MT Bauhinia purpurea Orchid Tree S,B -
Callistemon lanceolatus Bottlebrush N,C,S,B +
Callistemon viminalis Bottlebrush N,C,S,B +
Attachment to
Ordinance No. 22-90
Page 3 of 5
Form Botanical Common Community Cold
Size Name Name Tolerance
MT Cupaniopsis anacordiodes Carrotwood S,B -
Dalbergia sissoo Rosewood C,S -
Eriobotrya japonica Loquat N,C,S,B +
Koelreuteria formosana Gold Rain Tree N,C,S +
Olea europae Olive Tree S,B -
Parkinsonia aculeata Jerusalem Thorn N,C,S,B +
Ulmus pumila, parvifolia Chinese Elm N,C,S,B +
S Podocarpus macrophylla Maki N,C,S +
Podocarpus nagi Nagi N,C,S +
P Arecastrum rananzoffianum Queen Palm N,C,S +
Butia capitata Pindo N,C,S,B +
Livistonia chinensis Chinese Fan N,C,S +
Phoenix canariensis Canary Isd. Date N,C,S,B +
Phoenix reclinata Senegal Date N,C,S +
Trachycarpus fortunei Windmill Palm N,C,S +
Washington robusta Washington Palm N,C,S,B +
Attachment to
Ordinance No. 22-90
Page 4 of 5
APPENDIX B
LIST OF UNDESIRABLE SPECIES
Botanical Name Common Name
Shinus terebinthifolius Brazilian Pepper
Melaleuca quinquenervia Melaleuca, Cajeput Tree
Casuarina spp. Australian Pine
Eucalyptus spp. Eucalyptus
Enterolobium contortisiliquem Ear Tree
Melia azedarach Chinaberry
Cinnamomum camphora Camphor Tree
Sapium sebiferum Chinese Tallow
Dioscorea bulbifera Air Potato/Air Yam
Rhodomyrtus tomentosa Downy Rose Myrtle
Sansevieria hyacinthoides African Bowstring Hemp
Ricinus communis Castor Bean Plant
Attachment to
Ordinance No. 22-90
Page 5 of 5
To be codified
File History File Chapter 657
ORDINANCE NO. 18-90
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING CHAPTER
657, TREE PROTECTION, OF THE CODE OF
ORDINANCES BY PROHIBITING THE
DESTRUCTION OF CERTAIN PLANT LIFE;
ESTABLISHING PENALTIES ; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH ; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Cape Canaveral,
Florida, is concerned about the environment ; and
WHEREAS, the City Council of the City of Cape Canaveral,
Florida, is concerned for the health, morals and welfare of the
citizens of Cape Canaveral ; and
WHEREAS, the City Council of the City of Cape Canaveral
feels that destruction of the natural vegetation may adversely
affect the quality of life of the citizens of Cape Canaveral ; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1 . Chapter 657, Tree Protection, of the Code of
Ordinances of the City of Cape Canaveral, Florida is hereby
amended by deleting sub-section 657. 02(A) in its entirety and
replacing with the following:
Sec. 657. 02(A) No person shall cut down, destroy,
remove, effectively destroy through damaging, any tree
with a trunk diameter of four inches or more without
first obtaining a tree removal permit. In addition,
the removal or destruction of the following plant life
is hereby prohibited:
Silver Palmetto
Palm
Cedar
Mulberry
Red Bay
Live Oak
Slash Pine
Water Oak
Leather Fern
Coffee Plant
Hackberry
Strangler Fig
Scrub Oak
Sea Grape
SECTION 2. Sub-section 657. 07 is hereby amended by adding
the following sub-paragraph:
Ordinance No. 18-90
Page 1 of 2
Sec. 657. 07(C ) Any person who violates the provi-
sions of Section 657. 02 by removing or destroying any
of the prohibited plant life shall be punished by a
fine up to $250 . 00 for each plant removed or destroyed.
A certified copy of the order imposing a fine may be
recorded in the Public Records and thereafter shall
constitute a lien against the land on which the viola-
tion exists and upon any other real or personal
property of the violator . Said lien shall be enforce-
able as provided in Florida Statute 162. 09.
SECTION 3. All portions of the Code in conflict herewith
are hereby repealed.
SECTION 4 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 17th day of April, 1990.
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO
ARABIAN NO
PORTER YES
RANDELS YES
SALAMONE YES
THURM YES
First Reading: 4/3/90
Posted: 4/4/90
Advertised: 4/7/90
Second Reading: 4/17/90
Ordinance No. 18-90
Page 2 of 2
§ 657.05 TREE PROTECTION § 657.07
Sec. 657.05 Appeals from Decisions Provided,
Any party may appeal a decision of the Building
Official under this Chapter to the Board of
Adjustment, under the rules provided in the
Zoning Chapter for the appeal of decisions. The
Board of Adjustment may use the standards and
criteria as set forth in this Chapter in their
review. [Ord. No. 26-73, § 5, 17 Jul 1973, as
amended by Ord. 51-73, § 5, 18 Dec 1973] criteria:
Sec. 657.06 Emergencies. In case of emergencies
such as hurricane, windstorm, flood, or other
disasters, the requirements of these sections may
be waived by the City Manager upon recommendation
by the building official and a finding that such
a waiver is necessary so that public or private
work to restore order in the City will not be
impeded. [Ord. No. 26-73, § 6, 17 Jul 1973]
Sec. 657.07 Penalty.
(A) Any person who shall violate the provisions
of this Chapter shall be punished by fine not to
exceed Five Hundred Dollars ($500) or imprisonment
not to exceed ten (10) days or both.
(B) Violations of this Chapter shall be
grounds for revocation or suspension of any building
permits issued.
[Ord. No. 26-73, § 7, 17 Jul 1973]
§ 657.03 TREE PROTECTION § 657.03
indicating the reasons for removal. A permit
fee of $5.00 for each tree to be removed shall
be assessed, but in any event, the permit fee
shall not exceed $25.00
(B) The Building Official may issue a permit
for the removal of trees. In making his deter-
mination, the Building Official shall review
and consider the following guidelines and
criteria:
(1) Whether or not the tree is located where
structures or improvements may be placed;
(2) The tree unreasonably restricts the permitted
use of the property;
(3) Whether a rearrangement of the structures
or improvements thereon will result in the
saving of trees, particularly on parcels having
minimal tree density;
(4) Whether or not rearrangement of the
building structure will significantly add to
the overall cost of the development;
(5) Whether or not the tree is located where
surverying or soil determination work may take
place;
(6) Whether or not the tree is diseased,
injured or in danger of falling;
(7) Whether the tree is too close to existing
or proposed structures;
(8) Whether the tree unmanageably threatens
or causes distruption to public utility service
or poses a threat to vehicular or pedestrian
safety;
§ 657.01 TREE PROTECTION § 657.03
CHAPTER 657
TREE PROTECTION
Sec. 657.01 Definitions.
Tree is any self-supporting, woody or fibrous
plant of a species which normally grows to an
overall minimum height of fifteen (15) feet in
the Cape Canaveral area.
Trunk diameter is the length of a straight line
through the center of the trunk of a tree, measured
at a height of four and one-half feet above the
ground, except for palms, which shall be measured
immediately above the root cap.
[Ord. No. 26-73, § 1, 17 Jul 1973, as amended by
Ord. 51-73, § 1, 18 Dec 1973]
Sec. 657.02 Permit Required.
(A) No person shall cut down, destroy, remove
or move, effectively destroy through damaging, any
tree with a trunk diameter of four inches or more
without first obtaining a tree removal permit.
(B) The terms and provisions of this Chapter
shall apply to all real property in the City of
Cape Canaveral, including publicly owned lands,
rights of ways and easements.
[Ord. No. 26-73, § 2, 17 Jul 1973, as amended by
Ord 51-73, § 2, 18 Dec 1973]
Sec. 657.03 Permit Procedure.
(A) Permission for removal of trees shall be
obtained by making application for the permit to
the Building Official. The application shall
specify the location of the property, the expected
land use and the location of the trees to be removed,
§ 657.03 TREE PROTECTION § 657.04
(9) Whether or not the removal of the tree
is desirable in order to enhance or benefit the
condition of other remaining trees.
(C) In making the determination, the Building
Official may inspect the tree and its location
and utilize any outside technical assistance that
may be necessary, including the advice and assist-
ance of the City of Cape Canaveral Beautification
Board.
(D) A permit for tree removal may include
requirements for replacement of trees and may
specify size and kind of trees and location of
replacement trees.
(E) Prior to issuance of tree removal permits
on undeveloped land, the Building Official shall
consider whether or not the plan for development
has been submitted by the application and whether
or not the tree in question poses a safety hazard
to buildings, pedestrian or vehicular traffic or
public utility service.
(F) No permit shall be required if the tree
is diseases, injured, or in danger of falling.
This is not to exceed two trees on one property
or one parcel.
[Ord. No. 26-73, §3, 17 Jul 1973, as amended by
Ord 51-73, §3, 18 Dec 1973]
Sec. 657.04 New Construction Permits. As a
condition to issuance of a permit for new
construction, the Building Official may require
that protection for existing trees be provided
during construction, as well as the other standards
and criteria as set forth herein. [Ord. No.
26-73, §4, 17 Jul 1973, as amended by
Ord. 51-73, §4, 18 Dec 1973]
§ 657.01 TREE PROTECTION § 657.03
CHAPTER 657
TREE PROTECTION
Sec. 657.01 Definitions.
Tree is any self-supporting, woody or fibrous
plant of a species which normally grows to an
overall minimum height of fifteen (15) feet in
the Cape Canaveral area.
Trunk diameter is the length of a straight line
through the center of the trunk of a tree, measured
at a height of four and one-half feet above the
ground, except for palms, which shall be measured.
immediately above the root cap.
[Ord. No. 26-73, § 1, 17 Jul 1973, as amended by
Ord. 51-73, § 1, 18 Dec 1973] consider whether or not the plan for development
Sec. 657.02 Permit Required.
(A) No person shall cut down, destroy, remove
or move, effectively destroy through damaging, any
tree with a trunk diameter of four inches or more
without first obtaining a tree removal permit.
(B) The terms and provisions of this Chapter
shall apply to all real property in the City of
Cape Canaveral, including publicly owned lands,
rights of ways and easements.
[Ord. No. 26-73, § 2, 17 Jul 1973, as amended by
Ord 51-73, § 2, 18 Dec 1973] condition to issuance of a permit for new
Sec. 657.03 Permit Procedure. that protection for existing trees be provided
(A) Permission for removal of trees shall be
obtained by making application for the permit to
the Building Official. The application shall
specify the location of the property, the expected
land use and the location of the trees to be removed,
§ 657.03 TREE PROTECTION § 657.04
(9) Whether or ot the removal of the tree
is desirable in order to enhance or benefit the
condition of other remaining trees.
(C) In making the determination, the Building
Official may inspect the tree and its location
and utilize any outside technical assistance that
may be necessary, including the advice and assist-
ance of the City of Cape Canaveral Beautification
Board.
(D) A permit for tree removal may include
requirements for replacement of trees and may
specify sie and kind of trees and location of
replacement trees.
(E) Prior to issuance of tree removal permits
on undeveloped land, the Building Official shall
consider whether or not the plan for development
has been submitted by the applicant and whether
or not the tree in question poses a safety hazard
to buildings, pedestrian or vehicular traffic or
public utility service.
(F) No permit shall be required if the tree
is diseased, injured, or in danger of falling.
This is not to exceed two trees on one property
or one parcel.
[Ord. NO. 26-73, §3, 17 Jul 1973, as amended by
Ord. 51-73, §3, 18 Dec 1973]
Sec. 657.04 New Construction Permits. As a
condition to issuance of a permit for new
construction, the Building Official may require
that protection for existing trees be provided
during construction, as well as the other standards
and criteria as set forth herein. [Ord. No.
26-73, §4, 17 Jul 1973, as amended by
Ord. 51-73, §4, 18 Dec 1973]
§ 657.05 TREE PROTECTION § 657.07
Sec. 657.05 Appeals from Decisions Provided.
Any party may appeal a decision of the Building
Official under this Chapter to the Board of
Adjustment, under the rules provided in the
Zoning Chapter for the appeal of decisions. The
Board of Adjustment may use the standards and
criteria as set forth in this Chapter in their
review. [Ord. No. 26-73, § 5, 17 Jul 1973, as
amended by Ord. 51-73, § 5, 18 Dec 1973]
Sec. 657.06 Emergencies. In case of emergencies
such as hurricane, windstorm, flood, or other
disasters, the requirements of these sections may
be waived by the City Manager upon recommendation
by the building official and a finding that such
a waiver is necessary so that public or private
work to restore order in the City will not be
impeded. [Ord. No. 26-73, § 6, 17 Jul 1973]
Sec. 657.07 Penalty.
(A) Any person who shall violate the provisions
of this Chapter shall be punished by fine not to
exceed Five Hundred Dollars ($500) or imprisonment
not to exceed ten (10) days or both.
(B) Violations of this Chapter shall be
grounds for revocation or suspension of any building
permits issued.
[Ord. No. 26-73, § 7, 17 Jul 1973]
§ 657.03 TREE PROTECTION § 657.03
indicating the reasons for removal. A permit
fee of $5.00 for each tree to be removed shall
be assessed, but in any event, the permit fee
shall not exceed $25.00.
(B) The Building Official may issue a permit
for the removal of trees. In making his deter-
mination, the Building Official shall review
and consider the following guidelines and
criteria:
(1) Whether or not the tree is located where
structures or improvements may be placed;
(2) The tree unreasonably restricts the permitted
use of the property;
(3) Whether a rearrangement of the structure
or improvements thereon will result in the
saving of trees, particularly on parcels having
minimal tree density;
(4) Whether or not rearrangement of the
building structure will significantly add to
the overall cost of the development;
(5) Whether or not the tree is located where
surveying or soil determination work may take
place;
(6) Whether or not the tree is diseased;
injured or in danger of falling;
(7) Whether the tree is too close to existing
or proposed structures;
(8) Whether the tree unmanageably threatens
or causes disruption to public utility service
or poses a threat to vehicular or pedestrian
safety;
Chap 657
TINA, GET ORD 26-73, INCORPORATE THESE CHANGES AND TYPE
AN ORDINANCE AMENDING ORDINANCE NO. 26-73 ENTITLED
"AN ORDINANCE PROHIBITING THE REMOVAL OF TREES
WITHOUT A PERMIT; PROVIDING FOR REVIEW OF PERMITS
FOR CONSTRUCTION BY THE BEAUTIFICATION BOARD FOR A
MINIMUM IMPACT ON EXISTING TREES; PROVIDING FOR
EXCEPTIONS FOR OWNER OCCUPIED SINGLE-FAMILY AND
PROCEDURE SO THAT THE BUILDING OFFICIAL SHALL HAVE
SOLE DISCRETION IN ISSUING A TREE REMOVAL PERMIT BY
ESTABLISHING CERTAIN CRITERA TO BE CONSIDERED BY
THE BUILDING OFFICIAL REGARDING SUCH A PERMIT; BY
PROVIDING FOR A MAXIMUM PERMIT FEE; DELET-
ING THE PROVISION FOR REVIEW BY BEAUTIFICATION BOARD IN
THE EVENT OF NEW CONSTRUCTION; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE-
WITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL ,
FLORIDA, AS FOLLOWS :
SECTION 1. Ordinance No 26-73 entitled "An Ordinance
Prohibiting The Removal of Trees Without a Permit ; Providing For
Review of Permits for Construction By The Beautification Board
For a Minimum Impact on Existing Trees ; Providing For Appeals
From Decisions ; Penalty Provided ; Providing For An Effective Date"
is hereby amended as follows :
[crossed-out text]
is hereby repealed in its entirety and the following sub-section
(B) substituted therefor :
(1) "Section 2.(2) (B) The terms and provisions of this
Ordinance shall apply to all real property in the City
of Cape Canaveral, including publicly owned lands, rights
of ways and easements."
(2) Section 3 . (A) which reads as follows:
[crossed-out text]
is hereby repealed in its entirety and the following sub-section
is substituted therefor :
ORD 51 - 73
PAGE 1 OF 4
51-75, 1, 18 DEC 73
26-75, 1, 17 July 73
"Section 3. (A) Permission for removal of trees shall
be obtained by making application for the permit to the
Building Official. The application shall specify the
(2) location of the property , the expected land use and the
location of the trees to be removed, indicating the reasons
for removal. A permit fee of $5.00 for each tree to be
removed shall he assessed, but in any event, the permit
fee shall not exceed $25.00.
(3) Section 3. (B) (C) (D) and (E) which read as follows:
"(B) No permits shall be issued for tree removal unless
one of the following conditions exists:
(1) The tree is located where structures or improvements
may be placed and it unreasonably restricts the permitted
use of the property. In determining reasonable use of the
property the Building Official or the Beautification Board ,
whichever is approving tree removal , may require minor re-
arrangement of the structures or improvements where it is
determined same will result in the saving of trees , particu-
larly on parcels having minimal tree density; provided that.
the requirement of such rearrangement will not significantly
add to the overall cost of development.
(2) The tree is located where surveying or soil determination
work may take place.
(3) The tree is diseased, injured, in danger of falling, too
close to existing or proposed structures, unmanageably threatens
or causes disruption to public utility service, poses a threat
to vehicular or pedestrian safety, or conflicts with ordinances.
or regulations not otherwise waived herein.
(4) Removal of the tree is desirable in order to enhance or
benefit the condition of other remaining trees.
(5) It is in the welfare of the general public that the tree
be removed for a reason other than set forth above. Such
reason must be stated in writing and may not be contrary to
the intent of this Ordinance.
(C) In making its determination, the Building Official or
Beautification Board may inspect the tree and its location
and utilize any outside technical assistance that may be
necessary.
(D) A permit for tree removal may include requirements for
replacement of trees and may specify size and kind of tree
and location of replacement trees.
(E) No permit for tree removal on undeveloped land shall be
issued without a plan for development unless the tree poses
a safety hazard to buildings, pedestrian or vehicular traffic
or public utilities services."
are hereby deleted and repealed in their entirety and the following
sub-section
(B) shall be substituted therefor:
"Section 3. (B) The Building Official may issue a permit for
the removal of trees. In making his determination, the
Building Official shall review and consider the following
(3) guidelines and criteria:
(1) Whether or not the tree is located where structures or
improvements may be placed;
ORD 51-73
PAGE 2 OF 4
(2) The tree unreasonable restricts the permitted use of
the property;
(3) Whether a rearrangement of the structures or improve-
ments thereon will result in the saving of trees , particu-
larly on parcels having minimal tree density;
(4) Whether or not rearrangement of the building structure
will significantly add to the overall cost of the develop-
ment ;
(5) Whether or not the tree is located where surveying or
soil determination work may take place ;
(6) Whether or not the tree is diseased, injured or in
danger, of falling ;
(7) Whether the tree is too close to existing or proposed
structures ;
(8) Whether the tree unmanageably threatens or causes dis-
ruption to public utility service or poses a threat to
vehicular or pedestrian safety;
(9) Whether or not the removal of the tree is desirable in
order to enhance or benefit the condition of -other remain-
ing trees."
therefor:
(3) (C) In making its determination, the Building
Official may inspect the tree and its location and utilize
any outside technical assistance that may be necessary, in—
cluding the advice and assistance of the City of Cape Canaveral
Beautification Board. "
therefor:
(3) (D) A permit for tree removal may include
requirements for replacement of trees and may specify size
and kind of trees and location of replacement trees."
therefor:
(E) Prior to issuance of tree removal permits
on undeveloped land , the Building Official shall consider
whether or not the plan for development has beer, submitted
(3) by the applicant and whether or not the treein question
poses a safety hazard to buildings, pedestrian or vehicular
traffic or public utility service."
shall be added:*
(F) No permit shall be required if the tree is
diseased, injured, or in danger of falling. This is not to
exceed two trees on one property or one parcel.
(4) Section 4 . which reads as follows:
[crossed-out text]
ORD 51 -73
*AMENDED ON SECOND READING PAGE 3 OF 4
is deleted in its entirety and the following Section 4 . is substituted
therefor:
(4) "Section 4 . New Construction Permits . As a condition to
issuance of a permit for new construction , the Building
Official may require that protection for existing trees be
provided during construction, as well as the other standards
and criteria as set forth herein."
(5) Section 5. which reads as follows:
[crossed-out text]
is deleted in its entirety and the following Section 5. is substitute
therefor :
"Section 5 . Appeals from Decisions Provided. Any party may
appeal a decision of the Building Official under this Ordin arce
(5) to the Board of Adjustment , under the rules provided in the
zoning ordinance for the appeal of decisions . The Board of.
Adjustment may use the standards and criteria as set forth
in this Ordinance in their review."
SECTION 2 . All ordinances or parts of ordinances in conflict
herewith are hereby repealed .
SECTION 3 . This Ordinance shall take effect immediately
upon its adoption by the City Council of the City of Cape Canaveral ,
Florida.
ADOPTED by the City Council of the City of Cape Canaveral ,
Florida, this 18TH day of DECEMBER, 1973.
[signature]
Mayor
Attest:
[signature & seal]
City Clerk
Approved as to form:
[signature]
City Attorney
First Reading: 11/20/73
Advertised: 11/26/73
Posted: 11/21/73
Second Reading: 12-18-73
NAME YES NO ABS
MACLAY YES
RHAME YES
RUTOWSKI [didn't vote]
SALVAGGIO YES
THURM YES
ORD 51-73
PAGE 4 OF 4
[scribbled-out text]
SECTION 1 . DEFINITIONS .
TREE. ANY SELF-SUPPORTING, WOODY OR FIBROUS PLANT OF A
SPECIES WHICH NORMALLY GROWS TO AN OVERALL MINIMUM HEIGHT OF
FIFTEEN (15) FEET IN THE CAPE CANAVERAL AREA.
Trunk Diameter . The length of a straight line through the
center of the trunk of a tree , measured at a height of
four and one-half (4.5) feet above the ground ,*except for
palms, which shall be measured immediately above the root cap.*
*amended on 2nd reading
SECTION 2 . PERMIT REQUIRED.
(A) NO PERSON SHALL CUT DOWN, DESTROY, REMOVE OR MOVE, OR
EFFECTIVELY DESTROY THROUGH DAMAGING, ANY TREE WITH A
TRUNK DIAMETER OF FOUR (4) INCHES OR MORE WITHOUT FIRST
OBTAINING A TREE REMOVAL PERMIT.
1 OF 4 ORD.26-73
[this entire page is crossed out]
[crossed-out text]
SECTION 6 . EMERGENCIES .
IN CASE OF EMERGENCIES SUCH AS HURRICANE, WINDSTORM, FLOOD, OR
OTHER DISASTERS, THE REQUIREMENTS OF THESE REGULATIONS MAY BE
WAIVED BY THE CITY MANAGER UPON RECOMMENDATION BY THE BUILDING
OFFICIAL AND A FINDING THAT SUCH A WAIVER IS NECESSARY SO THAT
PUBLIC OR PRIVATE WORK TO RESTORE ORDER IN THE CITY WILL NOT BE
IMPEDED .
SECTION 7 . PENALTY.
(A) ANY PERSON WHO SHALL VIOLATE THE PROVISIONS OF THIS
CHAPTER SHALL BE PUNISHED BY FINE NOT TO EXCEED FIVE HUNDRED
DOLLARS ($500 . 00) OR IMPRISONMENT NOT TO EXCEED 10 DAYS OR BOTH.
(B) VIOLATIONS OF THIS CHAPTER SHALL BE GROUNDS FOR
REVOCATION OR SUSPENSION OF ANY BUILDING PERMITS ISSUED.
[crossed-out text]
3 OF 4 ORD. 26-73
1
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, THIS 17TH DAY OF JULY 1973,
[signature]
Mayor
ATTEST:
[signature]
CITY CLERK
APPROVED AS TO FORM:
[signature]
CITY ATTORNEY
[Anthony M. Rutowski's signature]
SPONSORING COUNCILMAN
FIRST READING: JULY 3, 1973
POSTED: July 10, 1973
SECOND READING: JULY 18, 1973
NAME YES NO ABS
MACLAY YES
RHAME [didn't vote]
RUTOWSKI YES
SALVAGGIO NO
THURM YES
PAEG 4 OF 4
ORD 26-73
§ 657.01 TREE PROTECTION § 657.03
CHAPTER 657
TREE PROTECTION
Sec. 657.01 Definitions.
Tree is any self-supporting, woody or fibrous
plant of a species which normally grows to an
overall minimum height of fifteen (15) feet in
the Cape Canaveral area.
Trunk diameter is the length of a straight line
through the center of the trunk of a tree, measured
at a height of four and one-half feet above the
ground, except for palms, which shall be measured
immediately above the root cap.
[Ord. No. 26-73, § 1, 17 Jul 1973, as amended by
Ord. 51-73, § 1, 18 Dec 1973]
Sec. 657.02 Permit Required.
(A) No person shall cut down, destroy, remove
or move, effectively destroy through damaging, any
tree with a trunk diameter of four inches or more
without first obtaining a tree removal permit.
(B) The terms and provisions of this Chapter
shall apply to all real property in the City of
Cape Canaveral, including publicly owned lands,
rights of ways and easements.
[Ord. No. 26-73, § 2, 17 Jul 1973, as amended by
Ord 51-73, § 2, 18 Dec 1973]
Sec. 657.03 Permit Procedure.
(A) Permission for removal of trees shall be
obtained by making application for the permit to
the Building Official. The application shall
specify the location of the property, the expected
land use and the location of the trees to be removed,
§ 657.03 TREE PROTECTION § 657.03
indicating the reasons for removal. A permit
fee of $5.00 for each tree to be removed shall
be assessed, but in any event, the permit fee
shall not exceed $25.00.
(B) The Building Official may issue a permit
for the removal of trees. In making his deter-
mination, the Building Official shall review
and consider the following guidelines and
criteria:
(1) Whether or not the tree is located where
structures or improvements may be placed;
(2) The tree unreasonably restricts the permitted
use of the property;
(3) Whether a rearrangement of the structures
or improvements thereon will result in the
saving of trees, particularly on parcels having
minimal tree density;
(4) Whether or not rearrangement of the
building structure will significantly add to
the overall cost of the development;
(5) Whether or not the tree is located where
surveying or soil determination work may take
place;
(6) Whether or not the tree is diseased,
injured or in danger of falling;
(7) Whether the tree is too close to existing
or proposed structures;
(8) Whether the tree unmanageably threatens
or causes disruption to public utility service
or poses a threat to vehicular or pedestrian
safety;
§ 657.03 TREE PROTECTION § 657.04
(9) Whether or not the removal of the tree
is desirable in order to enhance or berefit the
condition of other remaining trees.
(C) In making the determination, the Building
Official may inspect the tree and its location
and utilize any outside technical assistance that
may be necessary, including the advice and assist-
ance of the City of Cape Canaveral Beautification
Board.
(D) A permit for tree removal may include
requirements for replacement of trees and may
specify size and kind of trees and location of
replacement trees.
(E) Prior to issuance of tree removal permits
on undeveloped land, the Building Official shall
consider whether or not the plan for development
has been submitted by the applicant and whether
or not the tree in question poses a safety hazard
to buildings, pedestrian or vehicular traffic or
public utility service.
(F) No permit shall be required if the tree
is diseased, injured, or in danger of failing.
This is not to exceed two trees on one property
or one parcel.
[Ord. No. 26-73, § 3, 17 Jul 1973, as amended by
Ord 51-73, § 3, 18 Dec 1973]
Sec. 657.04 New Construction Permits. As a
condition to issuance of a permit for new
construction, the Building Official may require
that protection for existing trees be provided
during construction, as well as the other standards
and criteria as set forth herein. [Ord. No.
26-73, § 4, 17 Jul 1973, as amended by
Ord. 51-73, § 4, 18 Dec 1973]
§ 657.05 TREE PROTECTION § 657.07
Sec. 657.05 Appeals from Decisions Provided.
Any party may appeal a decision of the Building
Offie.al under this Chapter to the Board of
Adjustment, under the rules provided in the
Zoning Chapter for the appeal of decisions. The
Board of Adjustment may use the standards and
criteria as set forth in this Chapter in their
review. [Ord. No. 26-73, § 5, 17 Jul 1973, as
amended by Ord. 51-73, § 5, 18 Dec 1973]
Sec. 657.06 Emergencies. In case of emergencies
such as hurricane, windstorm, flood, or other
disasters, the requirements of these sections may
be waived by the City Manager upon recommendation
by the building official and a finding that such
a waiver is necessary so that public or private
work to restore order in the City will not be
impeded. [Ord. No. 26-73, § 6, 17 Jul 1973]
Sec. 657.07 Penalty.
(A) Any person who shall violate the provisions
of this Chapter shall be punished by fine not to
exceed Five Hundred Dollars ($500) or imprisonment
not to exceed ten (10) days or both.
(B) Violations of this Chapter shall be
grounds for revocation or suspension of any building
permits issued.
[Ord. No. 26-73, § 7, 17 Jul 1973]