HomeMy WebLinkAboutcocc_ordinance_no_18-2022_202210181 ORDINANCE NO. 18-2022
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA; AMENDING CHAPTER 102 — VEGETATION,
5 ARTICLE II. — TREE PROTECTION; PROVIDING FOR AMENDMENTS TO
6 COMPLY WITH STATE LAW PREEMPTIONS UNDER FLORIDA
7 STATUTES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
8 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE
9 CODE, SEVERABILITY AND AN EFFECTIVE DATE.
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11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
12 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
13 law; and
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15 WHEREAS, during the 2022 legislative session, the Florida Legislature amended section
16 163.045, Florida Statutes related to tree regulations that require the City Council to update the
17 City's Tree Ordinance, and previously adopted a preemption regarding electric utilities; and
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19 WHEREAS,. the City Council of the City of Cape Canaveral, Florida, hereby finds this
20 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
21 Cape Canaveral.
22
23 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
24 ORDAINS, AS FOLLOWS:
25 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
26 this reference as legislative findings and the intent and purpose of the City Council of the City of
27 Cape Canaveral.
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29 Section 2. Amending Chapter 102 — Vegetation, Article II. — Tree Protection. The
30 City of Cape Canaveral Code of Ordinances, Chapter 102 — Vegetation, Article II. — Tree Protection
31 is hereby amended as set forth below (underlined type indicates additions and eeut type
32 indicates deletions, while *** indicate deletions from this Ordinance of said Chapter 102, Article II.
33 — Tree Protection that shall remain unchanged in the City Code):
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35 CHAPTER 102 — VEGETATION
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38 ARTICLE II. — TREE PROTECTION
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41 DIVISION 2. LAND CLEARING
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City of Cape Canaveral
Ordinance No. 18-2022
Page 1 of 4
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2 Sec. 102-40. Permit Criteria; exemptions; standard of review.
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4 ***
5 (b) Permit exceptions.
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7 ***
8 (4) Land clearing and tree removal activities authorized and preempted by state or federal
9 law including, but not limited as provided in Section 102-40.5.
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11 ***
12 (c) Permitted standards of review. When making decisions under this division, the city
13 shall be guided by the following standard of review guidelines:
14 ***
15 (12) Whenever a tree condition or risk assessment is required under this division, such
16 assessment shall be performed on -site in accordance with the tree risk assessment
17 procedures outlined in Best Management Practices — Tree Risk Assessment, Second
18 Edition (2017) by an arborist certified by the International Society of Arboriculture or a
19 Florida licensed landscape architect and signed by the certified arborist or licensed
20 landscape architect.
21 Sec. 102-40.5. — R,eseFved. Exemption for tree removal activities authorized and
22 preempted by state or federal law.
23 Land clearing and tree removal activities authorized and preempted by state or federal law
24 include, but are not limited to:
25 (1) Removal of trees on residential property which pose an unacceptable risk to persons or
26 property in accordance with F.S. § 163.045, for which no replacement trees will be
27 required. Property owners removing trees pursuant to F.S. § 163.045 shall possess
28 documentation from an arborist certified by the International Society of Arboriculture
29 or a Florida -licensed landscape architect prior to removal of the tree. For purposes of
30 this section, "documentation" shall mean an onsite assessment performed in accordance
31 with the tree risk assessment procedures outlined in Best Management Practices — Tree
32 Risk Assessment, Second Edition (2017) by an arborist certified by the International
33 Society of Arboriculture or a Florida licensed landscape architect and signed by the
34 certified arborist or licensed landscape architect. The documentation must demonstrate
35 that the tree poses an unacceptable risk to persons or property and that removal is the
36 only means of practically mitigating its risk below moderate, as determined by the tree
City of Cape Canaveral
Ordinance No. 18-2022
Page 2 of 4
1 risk assessment procedures outlined in Best Management Practices — Tree Risk
2 Assessment, Second Edition (2017). Further, for purposes of this section, a "residential
3 property" shall mean a single-family, detached building located on a lot that is actively
4 used for single-family residential purposes and that is either a conforming use or a
5 legally recognized nonconforming use in accordance with the City's applicable land
6 development regulations. The term "residential property' for purposes of this
7 subsection does not include any property not meeting the aforementioned definition
8 including, but not limited to, multi -family property; common areas owned by a
9 homeowners or condominium association; vacant land zoned or designated for any kind
10 of residential or mixed use with residential on the city's official zoning map or future
11 land use map; public rights -of -way; or land subject to particular landscaping, tree
12 planting or preservation requirements pursuant to an executed development
13 agreement, landscape easement granted to the city, or conservation easement.
14 (2) A right and responsibility granted to an electric utility to clear vegetation away
15 from power lines in order to ensure the safe transmission of electricity to customers, as
16 provided by state statutes and Electric Tariff Rules including the preemption under F.S. §
17 163.3209.
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19 ***
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21
22 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
23 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
24 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
25
26 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
27 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
28 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
29 and like errors may be corrected and additions, alterations, and omissions, not affecting the
30 construction or meaning of this ordinance and the City Code may be freely made.
31
32 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
33 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
34 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
35 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
36 the validity of the remaining portions of this Ordinance.
37
38 Section 6. Effective Date. This Ordinance shall become effective immediately upon
39 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
40 Charter.
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42
City of Cape Canaveral
Ordinance No. 18-2022
Page 3 of 4
1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day
2 of October, 2022.
5 Wes Morrison, Mayor
6
7 ATTEST:
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9
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11 Mia Goforth, CMC
12 City Clerk
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21 First Reading: September 21, 2022
22 Advertisement: October 6, 2022
23 Second Reading: October 18, 2022
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25 Approved as to legal form and sufficiency
26 for the City of Cape Canaveral only by:
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29 Anthony A. Garganese, City Attorney
30
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
City of Cape Canaveral
Ordinance No. 18-2022
Page 4 of 4
For
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Second
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Motion
Against
SEAL of Cape Canaveral, Florida