HomeMy WebLinkAbout02-23-2005 Agenda Packet Workshop w/Council•
1
City of Cape Canaveral
PLANNING & ZONING BOARD WORKSHOP MEETING
WITH THE CITY COUNCIL
CITY HALL ANNEX
111 POLK AVENUE
FEBRUARY 23, 2005
6:00 to 8:00 P.M.
CALL TO ORDER:
ROLL CALL:
DISCUSSION:
1. City Code Review - Chapter 102 - Landclearing.
ADJOURNMENT:
Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person
decides to appeal any decision made by the Planning and Zoning Board with respect to
any matter rendered at this meeting, that person will need a record of the proceedings,
and for such purpose that person may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise allowed by law. This meeting
may include the attendance of one or more members of the Cape Canaveral City Council,
Board of Adjustment, Code Enforcement and/or Community Appearance Board who may
or may not participate in Board discussions held at this public meeting. Persons with
disabilities needing assistance to participate in any of these proceedings should contact
the City Clerk's office at 868-1221, 48 hours in advance of the meeting.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email: ccapccanaveral@c9.recom
Incomplete Draft: 2/15/2005
ORDINANCE NO. _-2005
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING CHAPTER 102
OF THE CODE OF ORDINANCES, VEGETATION;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Florida Constitution, Article II, Section 7, provides "it shall be the policy
of the State to conserve and protect natural resources and scenic beauty;" and
WHEREAS, the City Council is committed to preserving, enhancing, and creating green area
within the City and by assuring the preservation of existing trees on public and private property and
taking steps to require maintenance of existing and installation of new trees within the City; and
WHEREAS, trees aid in energy conservation by cooling the atmosphere, reduce air pollution
by removing particles such as dust and pollen, increase oxygen production, slow surface water run
off, reduce soil erosion, provide food, nesting and protection for wildlife, enhance scenic beauty, and
provide other environmental benefits; and
WHEREAS, in furtherance of the public purpose stated herein the City Council adopted a
moratorium on land clearing permits pursuant to Ordinance No. and assigned to the
planning and zoning board the task of evaluating the City's current land clearing and tree protection
ordinance for purposes of improving the City Code to afford more protection for existing trees and
requiring more enhanced landscape plans for future developments within the City of Cape Canaveral;
and
WHEREAS, after careful review of the City's existing land clearing and tree protection
regulations, the planning and zoning board has recommended that the City Council adopt this
ordinance in order to improve the manner in which the City preserves, protects, and creates a viable
tree canopy within the City and to promote a more aesthetically and environmentally pleasing
community; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, concurs with the
planning and zoning board's recommendation and hereby finds this Ordinance to be in the best
interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
City of Cape Canaveral
Ordinance No, -2005
Page 1 of 30
Incomplete Draft: 2/11/2005
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 102 ofthe Code of Ordinances, CityofCape Canaveral,
Florida, is hereby amended as follows (underlined type indicates additions and strikcout type
indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing
in Chapter 102. It is intended that the text in Chapter 102 denoted by the asterisks and set forth in
this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
Chapter 102 VEGETATION
***
Article II. TREE PROTECTION
* * *
Division 2. Land Clearing
Sec. 102-36. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Active development order means an action by the city 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 manmade lake.
After -the -fact permit means a permit issued after a violation has occurred for the primary
purpose of correcting the violation or for bringing the violator into compliance with this division.
Agricultural purpose means the bona fide commercial or domestic, agricultural use of a site,
parcel or lot which has been classified as green belt, pursuant to F.S. ch. 194, 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).
Barricade means protection for vegetation to be preserved which is erected at the dripline
City of Cape Canaveral
Ordinance No, -2005
Page 2 of 30
Incomplete Draft: 2/11/2005
and clearly visible to heavy equipment operators.
Diameter at breast height (dbh) means the diameter of a trunk of a tree or the sum of the
stems of a multi -stemmed tree, measured four and one-half feet above natural or finish grade.
Dripline means an imaginary vertical plumb line that extends downward from the tips of the
outermost tree branches and intersects the ground.
Land clearing means the disturbance or removal of vegetation from any site,
using backhoes, bulldozers, root rakes, or similar mechanical means which may kill or damage roots, ot
branches, or trunks ; provided, however, it does not include routine mowing, sod replacement,
planting of landscape material, shrub pruning, and shrub removal , and tree trimming or pruning,
which does not result in grade changes.
Mangrove means any specimen of the species Avicennia germinans (black mangrove),
Laguncularia racemosa (white mangrove) or Rhizophora mangle (red mangrove).
Native vegetation means plant material indigenous to the city, including all those species
listed in but not limited to those in section 102-44.
Natural cover means trees, brush, roots and other byproducts of land clearing activity.
Person includes any individual, firm, corporation, partnership, joint venture association,
principal, trustee, government, or any agent or representative thereof.
Recognized knowledgeable person means a person 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.
Specimen Tree means a tree, other than an undeseriable tree, structurally unsound tree that
can not recover from pruning, dead tree, or diseased tree, that has a caliper of twenty-four (24) inches
or more in diameter. Specimen trees shall not include [INSERT ANY TREES NOT
SUITABLE FOR CAPE CANAVERAL THAT SHOT D NOT BE AFFORDED SPECIAL
PROTECTION]
Tree means a woody or fibrous perennial plant with one or more upright limbs with a
minimum dbh of three inches, or a sum of dbh of three inches for multistemmed trees and an average
mature height of at least ten feet.
Tree removal includes any act which physically removes the tree or its root system from the
earth or causes a tree to die within a period of two (2) years from the time of the act including, but
not limited to, by cutting, girdling, relocating, interfering with the water supply, applying chemicals,
regrading around the base of the tree trunk.
cut LJZIIri�RTll—�I'9 �fi4�1 r 1 1 al_ _ __ _
City of Cape Canaveral
Ordinance No, -2005
Page 3 of 30
Incomplete Draft: 2/11/2005
Understory means an underlying layer of low native vegetation usually associated with trees.
Undesirable species means any of the species identified in section 102-45.
Vegetation means any plant material, including but not limited to trees, shrubs, vines, herbs
and grasses.
Vegetative communities means a natural association of vegetative plants, including but not
limited to both trees and understory.
Viable means having the capacity to live and develop.
c. t uz-s /. cavil penaltics.
square tcct cicarcd.
nnnai penalties.
Sec. 102-37. Applicability; Intent and purpose.
(a) Applicability. This Division shall be applicable to all land lying in the incorporated area
of the City of Cape Canaveral.
(b) Intent. The intent of this Division is to encourage the protection of the maximum
number of viable trees. It is further the intent of this Division to encourage the protection of trees
native to Central Florida and to encourage proper removal of exotic, pest trees. To this end, it shall
be unlawful to cut down, damage,_poison, or in any other manner destroy or cause to be destroyed
any tree or other vegetation as covered by the provisions of this Division except in accordance with
the provisions set forth herein. Notwithstanding, in the case of emergencies involving, natural
disaster such as, but not limited to, flood, freeze or other natural disasters, the requirements of this
Division may be temporarily waived by the City Council by resolution.
(c) Purpose. The purpose of this Division is to establish regulations for trees within the
City of Cape Canaveral
Ordinance No, -2005
Page 4 of 30
Incomplete Draft: 2/11/2005
City in order to maintain and protect the City forest, to better control problems of flooding, soil
conservation, air pollution and noise, and to make the City a healthier, more attractive and safer
place in which to live.
Sec. 102-38. Enforcement and Penalties.
(a) Enforcement. The City may enforce the provisions of this Division by any lawful means
including, but not limited to, issuing a civil citation, bringing charges before the City's Code
Enforcement Board or special master, and seeking injunctive and equitable relief. For
purposes of determining the penalties provided under this Division, the removal or death of
a tree in violations of this Division shall be deemed irreparable or irreversible. Further, each
day a violation continues shall constitute a separate violation. It shall also be a separate
violation of this Division for each tree removed without a permit.
(b) Penalites. In addition to all other remedies set forth in this Division, one or more of the
following civil fines shall apply to violations of this Division:
(1) Failure to obtain a permit required by Section 102-39: Fine of $250.00 per tree
or $500.00 per specimen tree removed, not to exceed $5,000.00, plus $250.00 per
100 square feet cleared.
(2) Removal of a tree without a permit: Fine of $100.00 per diameter inch, not to
exceed $5,000.00 per tree.
(3) Removal of a specimen tree without a permit: Fine of $150.00 per diameter inch,
not to exceed $5,000.00 per tree.
14) Failure to abide by a cease and desist order issued under this Division: Fine of
$250.00 for the first day and $500.00 per day for each day thereafter.
(5) Failure to abide by the requirements of other provisions of this Division: Fine of
$250.00 for the first occurrence and $500.00 for repeat occurrences.
(c) Cease and Desist Orders. The building official shall have the right to issue cease and
desist orders upon persons in violation of this Division for a maximum of five (5) working
days. Upon review of the violation by the City Manager, the City Manager may extend the
cease and desist work order until the violation is brought in compliance and all resulting
fines incurred as a result of the violation have been paid. The City Manager's decision may
be appealed to the City Council pursuant to Section (INSERT].
Sec. 102-39. Permits.
City of Cape Canaveral
Ordinance No, -2005
Page 5 of 30
Incomplete Draft: 2/11/2005
a Permit Re. uired. No . erson shall en a • e in tree removal or en a • e in land clearin
within the City without obtaining a land clearing permit required by this Division and issued
by the building official. If a property owner has retained a contractor to perform the tree
removal or land clearin the contractor shall be res onsible for obtainin the ermit re uired
by this Division prior to the tree removal or land clearing.
(a b) Application Required. An a lication for tree removal and land clearing shall be filed
on an official form rovided b the buildin official. The a licant shall be re uired to a
a fee as may be established by the resolution of the city council, except that no fee shall be
required for the removal oftrees that are dead, diseased, suffer from severe structural defects,
pose a clear and obvious safety hazard to structures or people or removed for a public project
sponsored and paid for by the City. If the applicant is not the property owner, then the
applicant shall attach the written permission of the property owner to the application. All
completed applications shall be returned to the building official, along with the appropriate
fee and the following minimum information:
Legal description of the property, including street address.
Name, address and phone number of property owner.
Name, address and phone number of applicant, if other than property owner.
Date upon which land clearing is to commence.
Valid reasons for the removal of trees.
(5 b) A tree inventory, for the portion of the site to be developed, consisting o
scaled drawing of a scale of one (1) inch equals fifty (+id) feet or less or for developed
single family residential land, a sketch approximately one 0) inch equals'fifty (50)
feet or less indicating:
IA) Property boundaries.
fB) The location of all individual trees including the tree's common or scientific
name, and the diameter of each tree.
(C) An indication of all trees proposed for removal and proposed to be retained.
(D) The location of existing and proposed improvements, if any. including buildings,
structures, impervious surfaces (e.g. pool decks, drives, parking areas). stormwater
City of Cape Canaveral
Ordinance No, -2005
Page 6 of 30
Incomplete Draft: 2/11/2005
retention and detention areas utilities and other such im rovements. Pro osed
im rovements shall be de icted as an overla on existingtrees so as to clear)
indicate which trees must be removed in order to accommodate the construction of
the improvements.
U. on reuest b the a..licant the buildin . official or a.. roriate review board ma
ermit an a licant to omit certain ortions of the tree invento where com liance
with the re uirements set forth herein would be unnecessaril burdensome and the
exem ted ortions are not needed for the cit to evaluate the a lication.
7 A replacement .lan in accordance with Section indicatin . the means for
com ensatin for the trees to be removed includin the s ecies and size of an
replacement trees.
8 If ade chan . es are . roosed on the site a adin • plan drawn to scale shall be
rovided. In addition a written statement shall be rovided b a landsca a architect
or other com etent rofessional indicatin the robabili of whether the ade
chan e will result in the death of trees intended to be reserved. Said statement shall
immediate) be brow ht to the attention of the buildin official at the time the
application is filed and prominently attached to the front of the application
9 A p rotection plan describin • how . reserved trees shall be . reserved on the site
and ad'acent ro erties durin construction tree removal and adin
c Time or A..lication. A..lications for land clearin . permits shall be made . rior to tree
removal or land clearin except that if the tree removal or land clearin is art of a ro osed
develo mentproject that re uires siteplan or subdivision a royal the a lication shall be
submitted at the time the site lan or subdivision a lication is submitted so that due
consideration ma be 'ven to the rotection of trees duringthe site lan or subdivision
rocess. Each a lication for tree removal shall be sub'ect to review under the site lan and
subdivision process.
d A..roved Site Plans Permits and Develo.mentAareements. All . ermits issued b the
building official under this Division shall be required to be consistent, and not in conflict,
with any plans, permits, or development agreements approved by the city council or other
appropriate board. All permits or portions thereof issued by the building official in conflict
with any such approval shall be deemed null and void and the approval of the city council
or appropriate board shall remain in full force and effect.
City of Cape Canaveral
Ordinance No, -2005
Page 7 of 30
Incomplete Draft: 2/11/2005
apvlicabir
(ce) Survey permit. A survey permit is -required maybe issued by the building official for
the limited purpose of allowing land clearing and tree removal for surveys and soil or
engineering testing according to the following:
(1) Prior -to any Tree removal and land clearing for surveying shall be subject to
the land clearin and tree removal re uirements of this Division. The land clearin
area for surveying shall not be greater than five feet in width or
testing shall not be greater than eight feet in width with a reasonable turnaround fo
soil and engineering testing; tThe owner of the property proposed to be cleared or his
authorized agent shall submit an a survey permit application fui-the p
clearing activity to the building official, on such form as provided by the city. The
survey permit shall expire after 30 days from the date of issuance. The building
official may grant an administrative waiver for an additional 30 days for hardship,
including adverse weather, size ofproperty and inability 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. The survey permit shall remain posted on the affected
property during all applicable land clearing activity. It is the responsibility of the
applicant to maintain the survey permit form in a clearly visible manner at all times.
(f) Permit Contents. The land clearing or survey permit, when issued, shall specifically
identify which land areas may be cleared and which trees shall be permitted to be removed.
The permit merely authorizes the removal of the trees specified therein. Nothing in this
Division shall be construed to require the removal of such trees by the permittee.
(d g) Duration of Land clearing permit . A land clearing permit shall
clearing
1SSUa12c
ano
ng pclnlrt shall be required p11v1 to 1a11�1 t,lt,a111
City of Cape Canaveral
Ordinance No, -2005
Page 8 of 30
ail ouc acl�, Cglu�I .•9Ct cuLa
Incomplete Draft: 2/11/2005
undesirable-species
(2) A land clearing permit shall expire 90 days from the date of issuance for
single-family projects and 180 days for subdivisions, multi -family, commercial and
industrial projects. Two extensions of 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. Trees
not removed during the life of the permit may not be removed without the issuance
of a new permit based upon a new application.
(g) Posting of Land Clearing Permit. (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. The land clearing permit shall
remain posted on the affected property during all applicable land clearing activity and until
final inspection by the City. It is the responsibility of the applicant to maintain the land
clearing permit in a clearly visible manner at all times.
y ---�.� avv KL1V11 l
s ructures, onsrtc disposal systems, dnvcways acid water bodies shown.
quit cct.
b
City of Cape Canaveral
Ordinance No, -2005
Page 9 of 30
b
emu' indurtrial. The aWrrel-or
Incomplete Draft: 2/11/2005
Sec. 102-40. Permit exemptions.
Sec. 102-40. Permit Criteria; Exemptions; Standards of Review.
Permitted Criteria. U on receipt of a completed application and verification b the
Building Official, the Building Official may issue a Land Clearing Permit under any one of the
following conditions:
(1) Building and Construction sites as shown on City approved plans, regardless of
whether trees are removed rovided trees and landscaping is installed on the
Property in accordance with Section of this Division.
j2) The trunk of the tree is located closer than five feet to the foundation of an
existing or ro osed structure and it is not feasible to relocate the structure.
(3) The trunk of the tree is located closer than ten feet from the foundation of an
existing or proposed structure and the tree is considered having an aggressive root
system or the natural mature height is greater than 30 feet and is not feasible to
relocate the structure.
City of Cape Canaveral
Ordinance No, -2005
Page 10 of 30
Incomplete Draft: 2/11/2005
4) Trees severely diseased severely injured or dead.
5 Trees that interfere with the construction or repair ofpublic utilities infrastructure
and facilities.
(6) Undesirable Trees, per
7 Trees that have been a..roved b the Buildin• Official and which shall be
replaced elsewhere on the property.
8 Buildin • and construction re • ardless of whether trees are removed on existin
owner occupied single family lots of onle acre or less in size, provided any removed
trees are re laced elsewhere on the Pro a in accordance with Section
this Division. of
Permit Exce tions. The followin tree removal activities are exem t from the ermit
requirements of this Division:
(1) Trees removed by the City or other governmental agency and which interfere with
the safety of the motoring public or disrupt public utilities such as power lines,
drainage systems and other public utilities.
12) All trees and plants, within a licensed tree nursery, planted for harvest provided
said trees and plants are planted and growing on the premises of the licensee and are
for sale or intended for sale in their ordinary course of business.
13) The emergency removal of a dead or seriously damaged tree, to mitigate an
imminent threat to the health, safety, and welfare of the property owner or the general
public.
14) Land clearing and tree removal activities authorized and preempted by state or
federal law.
(5) Trees planted specifically for silvicultural purposes provided the property owner
can provide documentation to the City evidencing that: (i) the property is requested
as a silvicultural site with the Division of Forestry:
harvestable size and type exist on the property and (ii) trees of typical
capable of being harvested
for income and that the property has, or intends to, aregenerate income from the
harvested trees.
.() Permitted Standards of Review. When making decisions under this Division. the
City shall be guided by the following standard of review guidelines:
City of Cape Canaveral
Ordinance No, -2005
Page 11 of 30
Incomplete Draft: 2/11/2005
1 Necessi to remove Trees which • ose a clear and obvious safet hazard to
edestrian or vehicular traffic or threaten to cause disru tion to ublic services or a
si ificant obstacle to accessin and utilizin ublic easements and ri hts-of-wa .
2 Necessi to remove Trees which • ose a clear and obvious safet hazard to
buildin s and other im rovements on a lot or arcel of land. Ordin small cracks
or u lifts in avement sidewalks and non-occu ied structures that are icall
caused b settlin and small roots shall not be considered a safe hazard.
3 Necessi to remove diseased Trees or Trees weakened b a • e storm fire or
other in' or Trees with severe structural defects that ose a clear and obvious
safe hazard to eo le buildin s or other im rovements on lot or arcel of land.
4 The extent to which Tree Removal is likel to result in dama • e to the • ro • ert
of other owners ublic or rivate includin dama a to lakes onds streams or
rivers through runoff or erosion.
5 An • ro • osed landsca • in • includin • • lans whereb the a • • licant has • lanted or
will plant Trees to replace those that are ro osed to be cleared.
6 To • o • a • h of the land and the effect of Tree Removal on erosion soil retention
and the diversion or increased flow of surface water.
7 Good fores • ractices such as the number of health Trees that a • iven • arcel
of land will reasonabl su ort and the roven techni ues that sustain health trees.
8 Necessi to remove Trees in order to construct a • . roved and • ermitted
im rovements to allow economic en'o ent of the ro ert includin
a Need for access around the • ro • osed structure for construction e • ui • ment
(maximum of ten (10 feet)
b Need for access to the building site for construction equip
(c) Essential grade changes
d Need for locating street or road rights-of-wa utilities draina • e wa s as
well as the need to rovide reasonable use and roe access.
9 The extent of an dama • e or demonstrated hardshi • which would result to the
applicant from a denial of the requested permit.
City of Cape Canaveral
Ordinance No, -2005
Page 12 of 30
Incomplete Draft: 2/11/2005
(10) The species and size of the Trees proposed for removal.
(11) The following factors shall also be considered:
fa) Trees forming the current canopy.
Lb) Preservation of the next generation of Trees.
Sec. 102-41. Specimen Trees.
Notwithstanding any other provision of this Division, Specimen Trees shall not be removed
except for extraordinary circumstances and hardships and only by final permit approved by the City
Council.
ation
tea-
b
rstory.
crrt< na.
1otcts.
spccitic zoning of the property.
City of Cape Canaveral
Ordinance No, -2005
Page 13 of 30
Incomplete Draft: 2/11/2005
c.
icfc tllc tftlil!C of a pa,t1,ct1/4.,d tree r lot•a 1,d closcI tlIan fiVk fiA,
lcrc t
this-secticm-
u tllcsc sy
or a protcc
ocatcd closcl tlrcur-tail fcet fi 0111
lfcct acccss to t
ocatpt.vLnts-t n co11Jt1 tn,lrOfiltifity
proj ..ct has primary-frontage-
no-nativc v
ing op
City of Cape Canaveral
Ordinance No, -2005
Page 14 of 30
Incomplete Draft: 2/11/2005
xrs C,orthc tree rcinovcd li
tiito the -city
pcctions.
Jitc dcv,;
le
soil level is at lcast ten fcct.
of replacLincnt. The fcc wit,lJ,i��
land cicaring permit, including but not limitcd to trcir barricadcs, havc bccn takcn to
to issuancc of a ccrtificatc cf uccupailcy of c\I tircatc of cu lipl-ctitni, a site itIbpuctiCrn
rccs al a vcgctahon has u,,cuir-
nsu
IC tt
vcg,tatron w,,rc rcplac,,d.
City of Cape Canaveral
Ordinance No, -2005
Page 15 of 30
Incomplete Draft: 2/11/2005
Sec. 102-42. Special Waiver Provision. In furtherance of tree protection and preservation and
the related public purposes stated in Section 102-37 of this Division, any person or entity may request
a limited waiver from any provision of the City's land development or zoning code upon submitting
a written application provided by the City. The City Council may grant the waiver under the
following conditions:
a. The waiver may be granted during the site plan review process. Such waiver shall be at
the City Council's sole discretion on a case -by case basis.
b. The waiver must directly result in the preservation of a hardwood tree (e.g. oak) and/or
the implementation of an extraordinary landscape plan that goes well -beyond the minimum
requirements of the City Code including, but not limited to, planting additional and larger plant
materials and trees, planting premium A -grade plants and trees, incorporating decorative hardscape
features into the landscape design (e.g. fountains, decorative fences and walls, trellesis, lighting, etc.),
and planting premium A -grade plant materials and trees on public property.
c. The waiver is compatible with the surrounding area and the minimum waiver required to
serve the public purpose stated herein.
d. No waiver shall be granted which changes the list of permitted, conditional, special
exception, or prohibited uses or height restrictions set forth in any zoning district category.
e. The waiver must be consistent with the City's Comprehensive Plan.
f. The waiver is not adverse to the public health, safety and welfare.
g. Any waiver granted under this section shall automatically expire and be declared null and
void if the underlying development order for the project expires.
Sec. 102-43.
City of Cape Canaveral
Ordinance No. -2005
Page 16 of 31
Section 102-36. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Active development order means an action by the city 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 manmade lake.
after -the -fact permit means a permit issued after a violation has occurred for the primary
purpose of correcting the violation or for bringing the violator into compliance with this division.
agricultural purpose means the bona fide commercial or domestic, agricultural use of a site,
parcel or lot which has been classified as green belt, pursuant to F.S. ch. 194, 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).
barricade means protection for vegetation to be preserved which is erected at the dripline and
clearly visible to heavy equipment operators.
diameter at breast height (dbh) means the diameter of a trunk of a tree or the sum of the stems
of a multi -stemmed tree, measured four and one-half feet above natural or finish grade.
dripline means an imaginary vertical plumb line that extends downward from the tips of the
outermost tree branches and intersects the ground.
Land clearing means the removal of vegetation from any site, parcel or lot; provided, however,
it does not include mowing, trimming or pruning, so as to maintain vegetation in a healthy,
viable condition.
mangrove means any specimen of the species Avicennia germinans (black mangrove),
Laguncularia racemosa (white mangrove) or Rhizophora mangle (red mangrove).
Native vegetation means plant material indigenous to the city, including all those species listed
in but not limited to those in section 102-44.
natural cover means trees, brush, roots and other byproducts of land clearing activity.
Recognized knowledgeable person means a person 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 means a woody or fibrous perennial plant with one or more upright limbs with a minimum
dbh of three inches, or a sum of dbh of three inches for multistemmed trees and an average
mature height of at least ten feet.
tree removal includes any act which physically removes the tree or its root system from the
http://myflorida.com/cape/CapeCode/102-36.htm 01/19/2005
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 means an underlying layer of low native vegetation usually associated with trees.
undesirable species means any of the species identified in section 102-45.
vegetation means any plant material, including but not limited to trees, shrubs, vines, herbs
and grasses.
vegetative communities means a natural association of vegetative plants, including but not
limited to both trees and understory.
Viable means having the capacity to live and develop.
Home --- Contents --- Index
http://myflorida.com/cape/CapeCode/102-36.htm
01/19/2005
Section 102-37. Civil penalties.
Penalties for violations of this division shall be as specified in F.S. ch. 162 or those listed in this
section. No after -the -fact permits shall be issued by the city to correct violations of this division.
Fines for illegal land clearing shall be $250.00 per 100 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 penalty
of $250.00 per 100 square feet cleared.
:Home --- Contents --- Index
http://myflorida.com/cape/CapeCode/102-37.htm
01/19/2005
Section 102-38. Criminal penalties.
In addition to the penalties in section 102-37, each violation of this division shall, upon
conviction, be punished as provided in section 1-15.
Home --- Contents --- Index
http://myflorida.com/cape/CapeCode/102-38.htm 01/19/2005
Section 102-39. Permits.
(a) Notice. Unless specifically exempted in this division, it shall be unlawful for any
person to engage in land clearing of any site, parcel or lot within the incorporated
area of the city, without a permit and 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) A dimensioned sketch plan showing the location of all existing and
proposed structures, driveways, onsite sewage disposal facilities, water
bodies, existing trees and vegetative communities identified by species
and size or other information as required by the city.
(b) development order. If 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 property.
(c) Survey permit. A survey permit is required for clearing. for surveys and soil or
engineering testing according to the following:
(1) Prior to any land clearing for surveying greater than five feet in width
or soil or engineering testing greater than eight 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 the
proposed land clearing activity to the building official, on such form as
provided by the city. The survey permit shall expire after 30 days from
the date of issuance. The building official may grant an administrative
waiver for an additional 30 days for hardship, including adverse
weather, size of property and inability 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. The survey permit shall
remain posted on the affected property during all applicable land
clearing activity. It is the responsibility of the applicant to maintain the
survey permit form in a clearly visible manner at all times.
(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.
http://myflorida.com/cape/CapeCode/102-39.htm 01/19/2005
(d) Land clearing permit. A land clearing permit shall be required for clearing where
an active development order is being sought according to the following:
(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,
according to the following:
a. If one or more trees three inches dbh or greater, excluding
undesirable species, are to be removed from the property.
b. If 50 percent or greater or more than one acre, whichever
area is less, of the existing vegetation is to be removed from
the property, excluding undesirable species.
(2) A land clearing permit shall expire 90 days from the date of issuance
for single-family projects and 180 days for subdivisions, multi -family,
commercial and industrial projects. Two extensions of 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. The 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
as follows:
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, onsite
disposal systems, driveways and water bodies 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 acres or greater in size, a recent aerial
photograph, including but not limited to county REDI book
photographs or county tax appraiser's blue line maps, may
be required.
b. subdivisions, multifamily, commercial and industrial. The
owner or applicant of a subdivision or multifamily,
commercial or industrial project shall provide a survey of
trees and vegetative communities as identified by aerial
maps or soil survey maps and a soil map, at a minimum. For
http://myflorida.com/cape/CapeCode/102-39.htm 01/19/2005
those sites of five acres or greater in size, a recent aerial
photograph shall be provided.
Horne --- Contents --- Index
http://myflorida.com/cape/CapeCode/102-39.htm 01/19/2005
Section 102-40. Permit exemptions.
Under this division, no survey permit or land clearing permit shall be required in the following
situations:
(1) 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.
(2) If the proposed land clearing activity is regulated by a state or
federal agency, which regulations may supersede those of the city.
(3) If the removal of vegetation has been ordered by the city pursuant to
other sections of this code and the removal conflicts with the
requirements or intent of this division, the city manager, or his designee,
shall negotiate a resolution of the conflict.
(4) Land clearing activities on single-family residential lots of one acre or
Tess in size, one year after the issuance of a certificate of occupancy for
the single-family residence built upon such single-family residential lot.
(5) The harvesting of trees for a bona fide commercial use, when done
in accordance with silviculture best management practices.
(6) A site, parcel or lot that is defined as having an agricultural or
silvicultural purpose under this division and the proposed land clearing
is to be made in conjunction with those agricultural purposes or
activities and an active development order is not being sought.
Home --- Contents --- Index
http://myflorida.com/cape/CapeCode/102-40.htm 01/19/2005
Section 102-41. Protection of trees and vegetative buffers.
(a) Development size thresholds.
(1) All single-family, multi -family, subdivision or nonresidential
develojment, regardless of the size of the lot or parcel of land being
developed, shall be subject to this division.
(2) All trees preserved on -site shall receive landscape credit as provided
for by section 110-566 et seq. pertaining to landscaping.
(b) Preservation thresholds.
(1) Protected trees. Any tree, with the exception of the undesirable
species listed in section 102-45, having a diameter (dbh) of three inches
or greater shall be protected.
(2) Vegetative buffer areas. Where a vegetative buffer is required by
section 110-566 et seq. pertaining to landscaping, any natural
vegetation within the required buffer area pursuant to section 102-44,
with the exception of the undesirable species listed in section 102-45,
shall be preserved. This shall include preservation of the understory.
(c) Removal criteria.
(1) A protected tree, as specified in subsection (b) of this section, may
only be approved for removal if one or more of the following criteria are
met:
a. Where site design modifications, as determined by a
preclearing inspection, are not feasible to allow the use
permitted, as determined by the specific zoning of the
property.
b. Where the trunk of a protected tree is located closer than
five feet to the foundation 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 feet from the foundation of the proposed structure and
the tree is considered having an aggressive root system or
the natural mature height is greater than 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 or where the tree constitutes a hazard to pedestrian
or vehicular traffic which cannot be mitigated without
removing the tree. Removal of the tree pursuant to this
criterion shall be exempt from the replacement criteria in
http://myflorida.com/cape/CapeCode/102-41.htm 01/19/2005
subsection (d) of this section.
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 subsection (d) of this section.
g. The tree reduces the visibility of a nonresidential
development more than 50 percent 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
landscaping 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 state division of forestry tree
protection manual, pages 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 subsection (c) of this section, 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 100
percent of the total dbh of the tree removed, provided that the height
above soil level is at least ten feet. Replacement trees shall have a
minimum of a dbh of three 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.
(3) On a heavily wooded lot, the developer may pay a fee set forth in
appendix B to this code for the tree removed in lieu of replacement. The
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
http://myflorida.com/cape/CapeCode/102-41.htm 01/19/2005
criteria in subsection (c)(1)c., d., or f. of this section.
(e) Inspections.
(1) Predeveloprnent 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 ve_getation location survey, shall
be staked and the property will be inspected to ensure the tree survey is
accurate and 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 certificate of
completion. Prior to issuance of a certificate of occupancy or certificate
of completion, a site inspection will be conducted to ensure that no
unauthorized clearing. has taken place and to ensure that all protected
trees and vegetation identified for preservation are in place and have
been maintained in a viable condition.
(3) Followup inspection. A final site inspection may be conducted one
year after the issuance of a certificate of occupancy for single-family,
multiple -family and nonresidential developments to ensure that no
unauthorized removal of protected trees and vegetation has occurred.
(4) Reinspection. If trees and vegetation were not in place or not in a
viable condition at the followup inspection, a reinspection may be
conducted within 90 days to ensure that the trees and vegetation were
replaced.
(f) Relocation of trees. Where trees are proposed to be relocated for preservation
purposes, a land clearing permit shall be required.
Home --- Contents --- Index
http://myflorida.com/cape/CapeCode/102-41.htm 01/19/2005
Section 102-42. Open burning of natural cover.
Open burning of natural cover which is the result of land clearing is prohibited.
Home --- Contents --- Index
http://myflorida.com/cape/CapeCode/102-42.htm 01/19/2005
Section 102-43. Revegetation.
If land clearing activities take place which are not consistent with this division, seeding and
mulching of the area shall be required and shall be completed within 30 days of the date of
notification of violation k the building official.
Ilorne --- Contents --- Index
http://myflorida.com/cape/CapeCode/102-43.htm 01/19/2005
Sec. 102-44. List of recommended landscaping plants.
(a) The list of trees and plants in this section 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
become adapted to the 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 list also contains recommended species which are not native to the county
but can be utilized with many of the same benefits as native plants.
(b) The key to codes used in the list is as follows:
(1) Community.
(N) North Brevard County.
(C) Central Brevard County.
(S) South Brevard County.
(B) Barrier Island.
(2) Form and size.
(ST) small tree. Average mature height of at least ten feet and Tess than
20 feet.
(MT) medium tree. Average mature height of at least 20 feet and no
greater than 60 feet.
(LT) large tree. Average mature height over 60 feet.
(P) Palm tree.
(S) Shrub.
(G) Ground cover.
(V) Vine.
(A) Aquatic.
(3) Temperature.
(+) Cold tolerant.
(-) Cold intolerant. Although these species occur in the county, they are at
the northern limit of their range and are suggested only for southern and
eastern Brevard County in protected areas.
NATIVE SPECIES
TABLE INSET:
Botanical Name
Common Name
Community
Cold
Tolerance
(ST) Small Tree
http://library2.murucode.com/gateway.dll/fl2/florida2/4743/4926/4928?f templates$fn=d... 01/19/2005
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 erecta
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
-
Laguncularia 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
-
http://library2.municode.com/gateway.dll/fl2/florida2/4743/4926/4928?f=templates$fn=d... 01/19/2005
Quercus chapmanii
Chapman oak
N, C, S, B
+
Quercus geminata
Sand live oak
N, C, S, B
+
Quercus incana
Blue jack oak
N, C, S
+
Quercus minima
Dwarf live oak
N, C, S, B
+
Rhus copallina
Southern sumac
N, C, S, B
+
(MT) Medium Tree
Avicennia germinans
Black mangrove
N, C, S, B
+
Bursera simaruba
Gumbo limbo
S, B
-
Carpinus caroliniana
Hornban/bluebeech
N, C
+
Carya floridana
Scrub hickory
N, C, S, B
+
Carya glabra
Pignut hickory
N, C, S, B
+
Celtis laevigata
Sugarberry
N, C, S
+
Chrysophyllum oliveforme
Satinleaf
S, B
-
Coccoloba diversifolia
Pigeon plum
S, B
-
Diospyros virginiana
Persimmon
N, C, S, B
+
Ficus aurea
Strangler fig
C, S, B
-
Fraxinus caroliniana
Water ash/pop ash
N, C, S
+
Gordonia lasianthsus
Loblolly bay
N, C, S
+
Ilex cassine
Dahoon
N, C, S, B
+
Ilex vomitoria
Youpon holly
N, C, S
+
Juniperus silicicola
Southern red cedar
N, C, S
+
Magnolia virginiana
Sweet bay
N, C, S
+
Mastichodendron foetidissimum
Mastic tree
B
-
Morus rubra
Red mulberry
N, C, S
+
http://library2.municode.com/gateway.dll/fl2/florida2/4743/4926/4928?ftemplates$fn=d... 01/19/2005
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 clavaherculis
Hercules club
N, C, S, B
+
(LT) Large Tree
Acer rubrum
Southern 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) Palm Tree
Paurotis wrighti
Saw palmetto
N, C, S
+
Saba! palmetto
Cabbage palm
N, C, S, B
+
(S) Shrub
Bacharis halimifolia
Groundsel tree
N, C, S, B
+
Befaria racemosa
Tar flower
N, C, S
+
http://library2.municode.com/gateway.dll/fl2/florida2/4743/4926/4928?f templates$fn=d... 01/19/2005
Callicarpa americana
Beauty berry
N, C, S
+
Cephalanthus occidentalis
Buttonbush
N, C, S
+
Croton punctatus
Beach croton
B
-
Erythrina herbaceae
Coral bean
N, C, S, B
+
Iva frutescens
Marsh elder
S
-
Iva imbricata
Marsh elder
B
-
Lantana involucrata
Wild sage
B
-
Lycium carolinianum
Christmas berry
N, C, S, B
+
Lyonia ferruginea
Staggerbush
N, C, S, B
+
Lyonia fruticosa
Staggerbush
N, C, S, B
+
Lyonia lucida
Fetterbush
N, C, S, B
+
Psychotria nervosa
Wild coffee
C, S, B
-
Psychotria sulzneri
Wild coffee
C, S, B
-
Quercus myrtifolia
Myrtle oak
N, C, S, B
+
Quercus pumila
Running oak
N, C, S, B
+
Randia aculeata
Randia
C, S
-
Rhapidophyllum Hystrix
Needle palm
N, C, S, B
+
Sophora tomentosa
Necklace pod
S, B
-
Vaccinium spp.
Blueberry
N, C, S, B
+
Yucca aloifolia
Spanish bayonet
N, C, S, B
+
Zanthoxylum fagara
Wild lime
S
+
(G) Ground Cover
Acrostichum danaeafolium
Leather fern
N, C, S, B
+
Aristida spp.
Wiregrass
N, C, S, B
+
http://library2.municode.com/gateway.d11/fl2/florida2/4743/4926/4928?templates$fn=d... 01/19/2005
ARTICLE 1X. SUPPLEMENTARY DISTRICT REGULATIONS* Page 30 of 34
shall be provided along all property lines abutting public rights -of -way or
properties zoned residential. Said greenbelt shall be in conformance with the
requirements of § 110-566 et seq. of the City Code, as may be amended from
time to time. Where a wall or fence is to be used as screening, as may be
provided within this Code, the greenbelt will be located between the property line
and the wall or fence such that greenbelt is adjacent to the bordering property;
(5) Outside areas where the motor vehicles are to be displayed or stored shall
be paved and striped in accordance with the city's off-street parking regulations;
(6) All ingress and egress points to abutting streets shall be marked clearly
and placed not closer than 150 feet apart on the same street and shall not be
placed so as to endanger pedestrian traffic;
(7) Servicing or repair of vehicles is prohibited except within a fully enclosed
structure;
(8) All outdoor paging or speaker systems are expressly prohibited; and
(9) The hours of operation for such facility shall be limited to 7:00 a.m. to 9:00
p.m. daily.
(Ord. No. 02-2003, § 3, 3-4-03)
Secs. 110-557--110-565. Reserved.
DIVISION 7. LANDSCAPING AND VEGETATION*
*Cross references: Environment, ch. 34; requirements for landscape appearance and
maintenance, § 34-99.
Sec. 110-566. Landscaping and screening between commercial or industrial
zoning districts and residential zoning districts.
(a) Whenever the boundaries of a commercial or industrial zoning district and a
residential zoning district abut, a visual screen shall be provided within the required
setbacks of the property which is developing or redeveloping .
(b) Such visual screen shall:
(1) Be provided along the entire length of the boundary separating the
commercial or industrial zoning district from the residential zoning district.
(2) Consist of decorative or ornamental fencing or shrubs designed and placed
in a manner rendering such visual screen density of at least 80 percent within a
period of two years after such screen is provided.
(3) Be not less than four or more than eight feet in height, except as provided
in section 110-470.
(4) Have a minimum of one ten -point tree value as defined in section 110-567
which shall be planted every 35 feet with at least two five -point trees on the
minimum 50-foot C-1 lot and three five -point trees on the minimum 75-foot M-1
http://library2.municode.com/gateway.dlUfl/florida/33130/33321 /33330?f=templates$fn=... 02/02/2005
AR1'1ULE IX. SUPPLEMEN'1'AKY ll15'1'KIU'1' KEGULA'1'1ONS* Page 31 of 34
lot.
(5) Be serviced by a functional underground sprinkler system adequate to
maintain such landscaping.
(6) Be properly maintained and replaced if for any reason it does not survive.
(7) Be protected from vehicular encroachment.
(c) All areas not paved or with other landscaping, as designated in this section or in
section 110-567, shall be planted with grass, hardy shrubs, evergreen or other ground
cover materials, as specified in section 102-44, having the cold -tolerance designation
(+). Otherwise, the owner or developer must provide documentation from a recognized
knowledgeable person, as defined in section 102-36, that his choice of vegetation has a
good chance of thriving or meets state requirements for low water need (xeriscape).
(d) Where a fence or wall is used to fulfill the screening requirements within a
vegetative buffer, it shall be located one foot inside of the property line of the property
which is developing or redeveloping. When a drainage easement, ditch or water body
runs along a property line, an administrative waiver may be granted by the building
official to allow the masonry wall or fence to be placed along the edge of the ditch or
water body, instead of on the property line. Where existing trees exist within the buffer
area, the fence or wall shall be located so as to preserve the trees.
(Code 1981, § 641.43; Ord. No. 1-92, § 1, 1-21-92; Ord. No. 03-2003, § 2, 8-19-03)
Sec. 110-567. Interior landscaping for offstreet parking areas.
(a) Offstreet parking areas in C-1, C-2, M-1 and R-3 districts shall have internal and
perimeter landscaping as follows:
(1) Parking areas with ten or fewer spaces shall have at least one ten -point
tree for every five spaces or fraction thereof planted within the interior of the
parking lot.
(2) Parking areas with 11 or more spaces shall have at least one five -point
tree for every five spaces or fraction thereof interspersed throughout the parking
area. In addition, one ten -point tree shall be placed at the end of each row where
internal curbing would be placed, even though internal curbing may not be
required. However, trees must be protected from vehicular encroachment.
(3) Subsections (a)(1) and (2) of this section may be satisfied by cluster
plantings, at the discretion of the building official.
(4) Parking areas in the C-1, C-2 and M-1 districts and parking areas in the R-
3 districts that contain 16 or more parking spaces shall be planted to a width of at
least two feet of the entire perimeter facing the public right-of-way, except for
ingress and egress and sidewalks. The perimeter shall be planted with
decorative shrubs and bushes not less than three feet in height to form a visual
screen with a density of at least 80 percent within two years of planting.
Perimeters facing such public right-of-way shall, in addition, have five tree value
points planted every 35 feet with at least ten tree values on a minimum 50-foot
C-1 lot, and 15 tree values on the minimum 75-foot C-2 or R-3 lot unless a
greater restriction is otherwise provided for in this chapter.
(5) No trees shall be planted that will obstruct visibility at intersections or
points of ingress and egress to streets. See section 110-469. The perimeter
footage defined in section 110-469 and ingress and egress shall not be used to
calculate landscaping of perimeters.
http://library2.municode.com/gateway.dlllfl/florida/33130/33321 /33 33 0?f=templates$fn=... 02/02/2005
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS*
Page 32 of 34
(6) Existing trees in proposed internal parking areas as listed under subsection
(b) of this section shall not be removed if over three inches diameter at breast
height (dbh) without a permit from the building official. Every effort shall be made
to build, pave or otherwise construct around existing trees of value.
(7) Each landscaped area, both within the interior parking area and around the
perimeter, shall be served by a functioning underground sprinkler system
adequate to maintain all landscaping.
(8) All landscaping specified in this subsection shall be properly maintained
and replaced if for any reason it does not survive.
(9) The value of the landscaping for the internal parking areas and their
perimeter, as well as all additional external landscaping for other areas on the
site, will not be less than one percent of the total cost of the project, including
land acquisition, or three percent of the project, excluding land acquisition,
whichever is greater.
(b) Tree value points referred to in subsection (a) of this section shall be grade Florida
Fancy or Florida #1 and will have the following values:
TABLE INSET:
Florida Fancy
Florida # 1
Points
Tree
Points
10
Large and medium species, ten feet tall with greater than three-inch diameter (dbh) and two -foot spread.
7
5
Small species, six feet tall with two to three inch diameter (dbh) minimum and two -foot spread.
4
5
Cabbage palms, minimum height six feet (overall).
4
5
Non-native palms, minimum height three feet (overall).
4
(c) Only trees listed in section 102-44 having the cold tolerance designation (+) shall
be considered for use in meeting landscaping requirements for C-1, M-1 and R-3 zones.
Further, if the planting is in an area subjected to salt air, the B (barrier island)
designation shall be present, which meets the state requirement to tolerate xeric
conditions. Otherwise, documentation must be presented as provided in section 110-566
(d).
(Code 1981, § 641.44; Ord. No. 1-92, § 2, 1-21-92; Ord. No. 28-94, § 1, 7-19-94; Ord. No. 14-
98, § 1, 9-15-98; Ord. No. 03-2003, § 2, 8-19-03)
Sec. 110-568. Preservation of trees in all districts.
During the development of any project, all trees of four inches in diameter or larger shall
be preserved or replaced unless they exist within:
(1) A proposed public or private easement.
(2) A proposed structure dimension.
(3) A proposed driveway or designated parking area in the R-1 or R-2 districts.
See sections 110-566 and 110-567.
http://library2.municode.com/gateway.dlllfl/florida/33130/33321 /3333 0? f=templates$ fn=... 02/02/2005
AK1IULE IX. SUPPLEMEN 1'AKY UIS'1'KIC'l' K-EUULA'1'IONS* Page 33 of 34
(4) Ten feet of a proposed structure.
(Code 1981, § 641.59)
Cross references: Preservation of trees, § 102-26 et seq.
Secs. 110-569--110-580. Reserved.
DIVISION 8. SWIMMING POOLS*
*Cross references: Swimming pool code, § 82-246 et seq.
Sec. 110-581. Construction and location.
(a) Swimming pools shall be installed to city requirements, and a city permit shall be
required and approved by the building department prior to construction or installation
(placement).
(b) Swimming pools may be built within the principal structure if it is determined
through analysis by a certified engineer that such construction shall not be harmful to the
principal structure. At the discretion of the building official, engineering may be required
when the vertical wall of the pool (water's edge) is located within five feet of the
foundation system supporting the principal structure. Engineering may also be required
on all premanufactured or prefabricated pools which do not bear product approval from
an accredited testing agency.
(c) Swimming pools which are open and unenclosed may occupy a required rear or
interior side yard setback, provided they are not located closer than five feet to a rear lot
line or eight feet to an interior side lot line.
(d) Commercial swimming pools are prohibited in residential districts.
(e) Swimming pools shall not occupy a required front or corner side yard setback.
(f) Swimming pools may not be constructed prior to the construction of the principal
building.
(g) For the purposes of this section, neither pools nor screened enclosures are
considered structures for the sole purpose of determining lot coverage. Pools and
screen enclosures shall meet the setback requirements as stipulated elsewhere in this
chapter.
(h) For the purposes of this section, neither pools nor screened enclosures are
considered structures for the purpose of determining lot coverage. Pools and screened
enclosures are not permitted in the setback area.
(Code 1981, § 641.47(A); Ord. No. 16-98, § 1, 5-5-98)
Sec. 110-582. Enclosure.
(a) Any portion of a swimming pool to which access may be obtained from outside a
http://library2.municode.com/gateway. dll/fl/florida/3 3 130/33321 /3 3 3 3 0?f=templates$ fn=... 02/02/2005
.,uapL I , 11\Lill r Ill 1 J - 11V1v t11VL riiL1 CAC V I-111ViN rage 1 1/1 1 /
Chapter 5 TREE PROTECTION AND PRESERVATION*
*Editor's note: Ord. No. 2002-08, §§ 1, 2, adopted April 8, 2002, amended former Ch. 5, Arbor,
§§ 5-1--5-5, in its entirety to read as herein set out. Former Ch. 5 derived from Ord. No. 711, § I, 3-
22-99; Ord. No. 726, §§ 1--4, 6-28-99; Ord. No. 734, § 1, 9-27-99.
Cross references: Code enforcement board to enforce certain ordinances of the city, § 2-56 et
seq.;' beautification board, § 2-76 et seq.; buildings and building regulations, Ch. 6; flood damage
prevention, Ch. 8; land development, Ch. 9; motor vehicles and traffic, Ch. 12; nuisances, Ch. 13;
planning, Ch. 15; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17;
zoning, Ch. 20.
Sec. 5-1. Applicability.
Sec. 5-2. Intent and purpose.
Sec. 5-3. Definitions.
Sec. 5-4. Permit required for tree removal and land clearing; separate violations; criteria; contractor permit
required.
Sec. 5-5. City forestry office.
Sec. 5-6. Permit application.
Sec. 5-7. Tree pruning standards.
Sec. 5-8. Specimen or historic trees.
Sec. 5-9. Tree replacement guidelines.
Sec. 5-10. Prohibitions.
Sec. 5-11. Reserved.
Sec. 5_12.Permit contents; ._expiration; removal afterexpiration of....permit.
Sec. 5-13. Minimum tree requirement..
Sec 5-14. Tree ... protection during development and construction;periodic inspection.
Sec. 5-15. Voluntary tree planting.
Sec. 5-16. Waivers; incentive program and appeals.
Sec. 5-17. Remedial action.
Sec. 5-18. Enforcement; penalties.
Sec. 5-19. Authorization to adopt rules and regulations and fees for implementation.
Appendix A Undesirable Trees
Appendix B Desirable Trees
Appendix C Calculating Tree Protection Zone
App. D Tree Protection Area Signage
[THIS PAGE INTENTIONALLY LEFT BLANK]
Sec. 5-1. Applicability.
This chapter shall be applicable to all land lying in the incorporated area of the City of Winter
Springs, Florida.
(Ord. No. 2002-08, § 2, 4-8-02; Ord. No. 2003-22, § 2, 10-13-03)
Sec. 5-2. Intent and purpose.
(a) Purpose. The purpose of this chapter is to establish protective regulations for trees
within the city in order to maintain and protect the city forest, to better control problems of
flooding, soil conversation, air pollution and noise, and to make the city a healthier, more
http://library l.municode.com/gateway.dlllfllflorida/28481/28512?f=templates$fn=document-fra... 2/1/2005
k.iiaplel J 11Ctltl rKU 1 r . I RAN A1V1J rKLJtK V Al HUN "`
rage z or 1 1
attractive and safer place in which to live.
(b) Intent. The intent of this chapter is to encourage the protection of the maximum
number of trees within the primary tree protection zone and of large specimen trees within
the secondary tree protection zone. It is further the intent of this chapter to encourage the
protection of trees native to Central Florida and to encourage proper removal of exotic, pest
trees.
To this end, it shall be unlawful to cut down, damage, poison, or in any other manner destroy or
cause to be destroyed any tree or other vegetation as covered by the provisions of this chapter
except in accordance with the provisions set forth herein. Notwithstanding, in case of emergencies
involving natural disaster such as, but not limited to, flood, freeze or other natural disasters, the
requirements of this chapter may be temporarily waived by the city commission by resolution.
(Ord. No. 2002-08, § 2, 4-8-02; Ord. No. 2003-22, § 2, 10-13-03)
Sec. 5-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated unless the
context clearly indicates otherwise:
(a) Caliper. Measurement of tree twelve (12) inches from soil level.
(b) City. The City of Winter Springs, Florida.
(c) City forest. The aggregate of all street trees and all park trees.
(d) Crown. The mass of branches, twigs and leaves at the top of a tree, with particular
reference to its shape.
(e) DBH. Diameter of trunk at breast height, (approximately four and one-half (4 1/2) feet
from the ground of a tree base).
(f) Desirable trees. Trees particularly adaptive to Central Florida identified as "desirable
trees" in Appendix B of this chapter, as may be amended by the city manager or city
commission.
(g) Dripline. The vertical line running through the outermost portion of the tree crown
extending to the ground.
(h) Encroachment. The protrusion into a vehicular accessway, pedestrian -way, or
required landscape area.
(i) Heavy machinery. Mechanical land clearing, earth -moving, or earth -working equipment
with a gross weight in excess of five thousand (5,000) pounds. For purposes of this chapter,
all machinery which utilizes steel tracks for traction shall be considered to be heavy
machinery, regardless of weight.
(j) Historic tree. A tree which has been found by the city commission to be of notable
historic interest to the city based on its age, species, size, historic association or unique
characteristics.
(k) Land clearing (grubbing). The disturbance or removal of vegetation using backhoes,
bulldozers, root rakes, or similar mechanical means which may kill trees or damage their
roots, branches, or trunks. Routine lawn mowing, sod replacement, planting of landscape
material, shrub pruning, and shrub removal shall not be considered land clearing and
grubbing provided no grade change occurs.
(I) Person. Any individual, firm, corporation, partnership, joint venture association,
principal, trustee, municipal corporation, political subdivision, or special district, or any agent
or representative thereof.
http://library 1. municode.com/gatew ay. dll/fl/fl ori da/28481/28 512?f=templates$fn=document-fra... 2/ 1 /2005
L.1141.pLG1 J 1 iVGE rl' J 1 £1.1 IlJ1N /A1NU riccarac v H 111J1V
Yageor11
(m) Preferred Plant/Tree. Preferred plants shall mean the plant materials listed in
Appendix B: Desirable Trees and shall be of the size specified in the column labeled
"Preferred Plant Size/Minimum Height," which may be amended from time to time by the city
manager in writing.
(n) Primary tree protection zone. This shall mean the front, side and rear yard areas as
established and required by the Land Development Code of the city as the same may, from
time to time, be amended.
(o) Protected area. An area surrounding a protected, historic, or specimen tree within
which physical intrusion is prohibited in order to prevent damage to the tree, roots and soil
around the tree base, the dimensions of which shall be established by the city and set forth
in the tree removal permit, in according with section 5-14.
(p) Protective barrier. Shall be a polygon of 2" x 4" wide stakes spaced a maximum of
eight (8) feet from each other at the perimeter of the tree protection zone and which extend
out of the ground at least thirty-six (36) inches, with the top four (4) inches marked by
flourescent orange paint or tape.
(q) Replacement trees. Replacement trees shall at a minimum comply with the
provisions of subsection 5-9.
(r) Secondary tree protection zone. This shall mean all areas not included in the primary
tree protection zone. Subdivision street rights -of -way and easements are also defined as
being within the secondary tree protection zone.
(s) Silviculture. A process, following acceptable forest management principles, whereby
the crops constituting forests are tended, harvested and reproduced.
(t) Specimen tree. A tree, other than an undesirable tree, structurally unsound tree that
cannot be recovered by pruning, dead tree, or diseased tree, that has a caliper of twenty-
four (24) inches or more in diameter. Specimen trees shall not include laurel oak ( Quercus
laurifolia ), sand pine ( Pinus clausa ), or cherry laurel ( Prunus caroliniana).
(u) Stem. The main trunk of a plant; its primary axis that develops buds and shoots
instead of roots.
(v) Transplant. The act of relocating an existing tree upon the same lot.
(w) Tree. Self-supporting wood, perennial plants of species which have a trunk with a
diameter of at least four (4) inches measured at caliper and normally grow to an overall
Crown height of a minimum of fifteen (15) feet. Cabbage palm greater than fifteen (15) feet
tall.
(x) Tree protection zone. Shall mean that area located around the perimeter of the tree in
which no activity such as clearing, filling, excavating, storage of materials, parking of
vehicles, or any other activity that in the opinion of the forester may damage the tree may
occur. This zone is calculated according to Appendix C to this chapter.
(y) Tree removal. Shall mean any act which will cause a tree situated on real property to
die within a period of two (2) years from the time of the act including, but not limited to, by
cutting, girdling, relocating, interfering with the water supply, applying chemicals, regrading
around the base of the tree trunk.
(z) Tree replacement assessment. Tree replacement assessment shall mean the total
amount of monetary compensation owed to the City of Winter Springs may be required by
this chapter for the replacement of trees cut, destroyed, or removed as a result of
development or redevelopment.
(aa) Tree replacement credit. The tree replacement credit shall be established by the city
commission and set forth in Appendix B: Desirable Trees.
http://libraryl.municode.com/gateway.d11/fl/florida/2848 1/28 5 12?f=templatesSfn=document-fra... 2/1/2005
L 1lapte1 J 1 R [',D rick) 1 £k 11v1N H1VL J'1W tK V H 111J1V
rage40111
(bb) Tree trunk. The main stem of a tree apart from limbs and roots.
(cc) Undesirable trees. All types of trees identified as "undesirable trees" in Appendix A
of this chapter as amended from time to time by the city manager in writing.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
Sec. 5-4. Permit required for tree removal and land clearing; separate violations;
criteria; contractor permit required.
(a) Permit required. No person shall engage in tree removal or engage in land clearing
located within the city, without first obtaining a permit as provided in this chapter. If a
property owner has retained a contractor to perform the land clearing or tree removal, the
contractor shall be responsible for obtaining the permit required by this chapter prior to the
land clearing or tree removal. It shall be a separate violation of this chapter for each tree
removed and each day a person is engaged in land clearing without a permit.
(b) Criteria. Upon receipt of a completed application and verification on -site by the city
forester, a permit may be issued for tree removal under any one of the following conditions:
(1) Trees located on building and construction sites as shown on city approved
plans, provided said trees are replaced elsewhere on the property in accordance
with section 5-9 of this chapter.
(2) Trees located within ten (10) feet of a structure or other improvement, provided
said trees are replaced elsewhere on the property in accordance with section 5-9 of
this chapter.
(3) Trees severely diseased, severely injured or dead.
(4) Trees that interfere with the construction or repair of public infrastructure and
facilities.
(5) Undesirable trees, per Appendix A.
(6) Trees removed by the city or other governmental agency and which are located
within a public road, drainage rights -of -way, or permanent utilities and drainage
easements.
(7) Trees that have been approved by the city forester and which shall be replaced
elsewhere on the property.
(8) All trees and plants, within a licensed tree nursery, planted for harvest shall be
exempt from the terms and provisions of this chapter only if trees are planted and
growing on the premises of the licensee and are for sale or intended for sale in its
ordinary course of business.
(c) Review standards. When making a determination on whether a tree meets one of the
conditions set forth in section 5-4(b) and therefore, whether to approve or deny an
application under this chapter, the city shall apply one (1) or more of the following standards
of review deemed relevant:
(1) Necessity to remove trees which pose a clear and obvious safety hazard to
pedestrian or vehicular traffic or threaten to cause disruption to public services or a
significant obstacle to accessing and utilizing public easements and rights -of -way.
(2) Necessity to remove trees which pose a clear and obvious safety hazard to
buildings and other improvements on a lot or parcel of land. Ordinary small cracks or
uplifts in pavement, sidewalks, and non -occupied structures that are typically caused
by settling and small roots shall not be considered a safety hazard.
http://libraryl.municode.com/gateway.dll/f /florida/28481/28512?f=templates$fn=document-fra... 2/1/2005
L,11At1Lc1 J 11.J1L rlty 1EN,11VIN H1NJJ rclb'c J 01 1 /
(3) Necessity to remove diseased trees or trees weakened by age, storm, fire or
other injury or trees with severe structural defects that pose a clear and obvious
safety hazard to people, buildings or other improvements on lot or parcel of land.
(4) The extent to which tree removal is likely to result in damage to the property of
other owners, public or private, including damage to lakes, ponds, streams, or rivers
through runoff or erosion.
(5) Any proposed landscaping including plans whereby the applicant has planted
or will plant trees to replace those that are proposed to be cleared.
(6) Topography of the land and the effect of tree removal on erosion, soil retention
and the diversion or increased flow of surface water.
(7) Good forestry practices, such as the number of healthy trees that a given
parcel of land will reasonably support and the proven techniques that sustain healthy
trees.
(8) Necessity to remove trees in order to construct approved and permitted
improvements to allow economic enjoyment of the property, including:
a. Need for access around the proposed structure for construction
equipment (maximum of ten (10) feet).
b. Need for access to the building site for construction equipment.
c. Essential grade changes.
d. Need for locating street or road rights -of -way, utilities, drainage ways, as
well as the need to provide reasonable use and property access.
(9) The extent of any damage or demonstrated hardship which would result to the
applicant from a denial of the requested permit.
(10) The species and size of the trees proposed for removal.
(11) The following factors shall also be considered:
a. Trees forming the current canopy.
b. Preservation of the next generation of trees.
(d) Silviculture exemption. All trees planted specifically for silvicultural purposes shall be
exempt from the provisions of this chapter provided the property owner can provide
documentation to the city evidencing that:
(1) The property is registered as a silvicultural site with the division of forestry; and
(2) Trees of typical harvestable size and type exist on the property which are
capable of being harvested for income and that the property owner has, or intends
to, generate income from the harvested trees.
(e) Contractor license required; contractor obtaining permits. Any person or entity
engaged in the business of tree removal or pruning shall be licensed by the city on an
annual basis. Licenses may be obtained from the city by completing an application prepared
by the city and paying the required license fee. The license application shall contain at a
minimum the name, address, and telephone number of the contractor and a copy of the
contractor's occupational license and proof of liability and workers' compensation insurance.
It shall be unlawful for any person or entity to engage in the business of tree removal or
pruning within the City of Winter Springs without a license required under this subsection. It
shall also be unlawful for any such person or entity to fail to obtain a permit on behalf of a
property owner pursuant to section 5-4(a) of this chapter.
http://library1.municode.com/gateway.dlUfl/florida/28481/28512?f=templates$fn=document-fra... 2/1/2005
V11CLVLN4. ✓ 11\L i 1 1\V 11.+t.1Ill 1`4 CAI 1\L'JL:A V ti11V1V
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
rage o of 1 1
Sec. 5-5. City forestry office.
(a) Establishment of office. There is hereby created within the department of community
development, the office of city forestry. The community development director shall head this
office and the city manager shall appoint one (1) or more employees of the department to
act in the capacity of forester for the city.
(b) Scope of authority. The city forester shall be charged with the responsibility and
authority to review and oversee all activities within the city limits which involve tree removal,
land clearing, or danger to and by any tree. Notwithstanding, the city forester shall have
absolutely no authority to vary any plans, permits, or agreements approved by the city
commission.
(c) Responsibilities. The role of the city forester shall include, but not necessarily be
limited to:
(1) Receiving and processing applications for tree removal, land clearing and
other permits under this chapter.
(2) Inspection of all property subject to an application.
(3) Confirming all information provided by the applicant is correct and accurate.
(4) To approve or deny all permit applications under this chapter.
(5) To issue cease and desist work orders upon persons in violations of this
chapter for a maximum of two working days. Upon review of the violation by the city
manager, the city manager may extend the cease and desist work order until the
violation is brought into compliance and all resulting fines incurred as a result of the
violation have been paid. The city manager's decision may be appealed to the city
commission pursuant to section 5-16(b) of this chapter.
(6) To bring violators of this chapter before the code enforcement board.
(7)
To issue code enforcement citations for any violation of this chapter.
(8) To augment the city's forest by the planting or approval of planting of additional
trees on public property.
(9) To keep a permanent record of all historic or specimen trees designated by
the city commission.
(10) To educate the public regarding this chapter and the importance of
maintaining a city forest.
(11) To handle other related job duties assigned by the city manager.
(12) To serve as a member of the staff development review committee.
(13) To educate city personnel responsible for tree removal, planting, pruning and
landscape maintenance.
(14) To assist in implementing, and issue permits in furtherance of, any
development agreement, plan, or permit approved by the city commission relating to
landscaping and trees.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
http://libraryl.municode.com/gateway.dlUf /florida/28481/28512?f=templates$fn=document-fra... 2/1/2005
J 1 ICnr rMC / 1 t.L 1111N HIND YKKJKK V A l ION*
Page 7 of 17
Sec. 5-6. Permit application.
(a) Filing application and payment of fees. An application for tree removal and land
clearing shall be filed on official forms provided by the city's forester. The applicant shall be
required to pay a fee as may be established by resolution of the city commission, except
that no fee shall be required for the removal of trees that are dead, diseased, suffer from
severe structural defects, pose a clear and obvious safety hazard to structures and people
or removed for a public project sponsored and paid for by the city. If the applicant is not the
property owner, then the applicant shall attach the written permission of the property owner
to the application. All completed applications shall be returned to the forester, along with the
following:
(1) A tree inventory, for the portion of the site to be developed, consisting of a
scaled drawing of a scale of one (1) inch equals fifty (50) feet or Tess for
undeveloped land or for developed single family residential land, a sketch
approximately one (1) inch equals fifty (50) feet or less indicating:
a. Property boundaries.
b. The location of all individual trees including the tree's common or
scientific name, and caliper of trees.
c. An indication of all trees proposed for removal.
d. Within the primary tree protection zone, a plan shall designate the trees
to be retained and those proposed to be removed, relocated or replaced.
Those trees proposed for removal, relocation or replacement shall also be
identified by common or botanical name.
e. Within the secondary tree protection zone, a plan shall designate the
trees to be retained, and those proposed to be removed.
f. The location of existing and proposed improvements, if any, including
proposed additions to existing buildings, existing and proposed buildings,
structures, impervious surfaces (e.g. pool decks, drives, parking areas),
stormwater retention areas, utilities, and other such improvements.
g. A replacement plan indicating the means of compensating for the tree(s)
to be removed including the species and size of any replacement tree(s).
h. Location of trees preserved for replacement credit.
i. If grade changes are proposed on the site, a grading plan drawn to scale
shall be provided. In addition, a written statement shall be provided by a
landscape architect or other competent professional indicating the probability
of whether the grade change will result in the death of tree(s) intended to be
preserved. Said statement shall immediately be brought to the attention of
the city forester at the time the application is filed and prominently attached to
the front of the application.
j. A protection plan describing how preserved tree(s) shall be preserved on
the site and adjacent properties during construction, tree removal, and
grading.
k. An aerial photograph showing the boundaries of the subject property
and adjacent properties.
(2) Valid reasons for the removal of trees.
(3) The appropriate permit fees.
(b) Time for application. Applications for a tree removal or land clearing permit shall be
http://library1.municode.com/gateway.dllifl/florida/28481/28512?f=templates$fn=document-fra... 2/1/2005
vA ainci J 1 s r,� rm..) 1 LL 11viN 111N11 rrcC31 1(V H 11viN T
Yage of 1 /
made prior to removal or clearing; except that in the following cases, application shall be
filed when indicated:
(1) All new subdivisions shall be required to submit an application for a tree
removal or land clearing permit, at the time of initial submittal of the subdivision plan,
to the city forester so that due consideration may be given to protection of trees
during the subdivision design process. Each application for a tree removal permit
shall be subject to review under the staff development review committee process.
(2) Any commercial, industrial, multi -family or other use requiring site plan
approval under the city land development regulations shall be required to submit an
application for a tree removal and land clearing permit at the time of site plan
submittal so that due consideration may be given to the protection of trees during
the site plan design process. Each application for a tree removal permit shall be
subject to review under the staff development review committee process.
(3) All new single-family and duplex dwelling units shall be required to submit an
application for a tree removal and land clearing permit at the time of application for a
building permit; the tree inventory may be shown on the building permit plot plan.
(c) Exempting portion of the tree survey. Upon request, the city forester may permit an
applicant to omit certain portions of the tree inventory where compliance With the
requirements set forth herein would be unnecessarily burdensome and the exempted
portions are not needed for the city to evaluate the application.
(d) Permit fee. A nonreturnable permit fee to be established by resolution of the city
commission shall be paid for purposes of processing the application, enforcing the
provisions of this chapter, and inspecting the real property subject to the application.
(e) Posting of permit. The permit must be posted upon the property and visible from the
street to be valid.
(f) City commission approved plans, permits, and agreements. All permits issued by the
city forester under this chapter shall be required to be consistent, and not in conflict, with
any plans, permits, or development agreements approved by the city commission. All
permits or portions thereof issued by the city forester in conflict with any approval of the city
commission shall be deemed null and void and the approval of the city commission shall
remain in full force and effect.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
Sec. 5-7. Tree pruning standards.
(a) Standards adopted. Trees intended for shade purposes shall be allowed to reach
mature canopy spread and shall be pruned in accordance with the ANSI A 300 Part I
Pruning standard and ANSI Z133.1 safety standard. Pruning should be performed with
defined pruning objectives and according to a specific pruning plan to accomplish the
objective including the minimum and/or maximum branch size to be removed.
(b) Unlawful pruning. The pruning techniques described in section 5-10(i) of this chapter
shall be deemed unlawful.
(2003-22, § 2, 10-13-03)
trees
Sec. 5-8. Specimen or historic trees.
(a) Designation. Certain trees, herein referred to as "specimen" or "historic" trees, are of
http://library 1.municode.com/gateway. d1UfUflorida/28481/28512?f=templates$fn=document-fra... 2/1/2005
k.,iiapwl ✓ 11\L J 1 1t1J 11:t.11 J1v t INJ_J rxsmaraC v t1111JIV'
rage 9or ii
especially great concern to the public because of ecological value, of indigenous character,
size, age or historic association. Determination that a tree is a historic tree shall be made by
resolution of the city commission after a recommendation of the beautification board of
Winter Springs, and the city forester shall keep a permanent record of all trees so
designated by the city commission. Specimen trees are all trees (other than "undesirable
trees" identified in Appendix A, dead trees or diseased trees) which have a caliper of
twenty-four (24) inches or more in diameter. Designation as an historic tree may occur in
any one of the following ways:
(1) An applicant may request designation of an historic tree as part of any master
plan, preliminary subdivision plat, or site plan application. To do so, the applicant
shall submit an expert evaluation by a landscape architect, horticulturalist, city
forester, or other horticultural expert as part of the application.
(2) A property owner may request such designation at any time. To do so, the
property owner shall submit an expert evaluation by a landscape architect,
horticulturalist, city forester historian or other horticultural expert.
(3) The city's forester may recommend such designation as part of their review of
any application for development, stating in writing their reasons for such designation,
or may make such designation as part of an overall tree protection planning program
for the city or portion thereof.
(4) Historic tree designations shall be subject to approval by resolution of the city
commission and the city commission may grant tree replacement credits, upon
granting an historic tree designation.
(b) Removal. Notwithstanding any other provision of this chapter, specimen or historic
trees shall not be removed except for extraordinary circumstances and hardships and only
by final permit approved by the city commission.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
Sec. 5-9. Tree replacement guidelines.
(a) Tree replacement. All trees that are removed or destroyed and subject to replacement
by this chapter shall be replaced by a species of tree cited in Appendix B, desirable trees or
such other trees properly approved by the city forester. Replacement shall occur prior to the
issuance of a certificate of occupancy (if approval is pending) or within thirty (30) days of
removal or destruction, whichever date is earlier, unless a greater replacement period is
provided for good cause by permit.
(b) Criteria for replacement trees is as follows:
(1) Characteristics of replacement trees. The replacement tree(s) shall have at
least equal shade potential, screening properties, and/or other characteristics
comparable to that of the tree(s) requested to be removed.
(2) Size of replacement trees. Replacement tree(s) are to be made according to
the tree replacement standards set forth in Table 1 [at the end of this section]; or (2)
otherwise agreed upon by the city commission and applicant.
(3) Tree species. Relocated or replacement trees shall include only species and
sizes defined as desirable trees (Appendix B) under this chapter.
(4) Transplanting and maintenance requirements. All trees transplanted pursuant
to this chapter shall be maintained in a healthy, living condition. Any such trees
which die shall be replaced and maintained by the property owner. The city shall
retain jurisdiction for one (1) year to ensure compliance with this chapter.
http://library1.municode.com/gateway. d11/flflorida/28481/28512?f=templates$fn=document-fra... 2/1/2005
V110.1/(Awl J 11\Lil+ 1 LW 1 11V1N t'11V1I riVUOCd" V H11J1v
rage 1 u of 1 /
TABLE INSET:
(5) Waivers of replacement tree(s) specifications. The number of required
replacement trees may be waived by the city commission, if the city commission
determines that the remaining number of trees to be preserved on site are of
sufficient number and quality to substantially comply with the purpose and intent of
this chapter and a tree replacement fee is paid to the city's "tree bank," which is
hereby established. Monies collected in the tree bank shall be used for enhancement
and maintenance of trees on public lands. The contribution to the tree bank may be
waived by the city commission for individual homeowners, on a case -by -case basis,
if the homeowner can demonstrate that the payment of the fee will cause the
homeowner an undue economic hardship. Substitute tree(s) allowed under this
waiver provision must have the approval of the city commission. The amount to be
paid into the tree bank shall be set forth in Table 1 and should be based upon
wholesale market value of the trees being replaced, plus installation and
maintenance costs to establish the tree.
(6) Replacement guidelines. The following tree replacement guidelines shall
apply:
a. All plant material specified shall be Florida Grades and Standard One
(1) or better.
b. For each tree located within a public conservation area (excluding
jurisdictional wetlands determined by the St. John's River Water
Management District or the U.S. Army Corp of Engineers, or as depicted on
Map V-3: Existing Wetlands in the City of Winter Springs Comprehensive
Plan) dedicated to the city as part of a development project, three (3)
replacement tree credits may be applied to the total number of trees required
to be replaced by this chapter. However, the minimum tree requirement set
forth in section 5-13 shall still apply. Such public conservation area must be
at least one (1) acre with widths not less than one hundred twenty-five (125)
feet, unless otherwise approved by the city commission. In addition, trees
approved by the city forester to reforest such conservation area shall also be
applied to the replacement requirement on a one -for -one basis.
c. If the city commission determines, due to site conditions or
configuration, it is impossible or impracticable for the applicant/developer to
meet the requirements for tree replacement, under this subsection, the city
commission may allow the applicant/developer to pay into the city's "tree
bank" the amount it would have spent on replacement trees.
d. Tree replacement credit shall be allowed for the installation of preferred
plants in accordance with the provisions set forth in Appendix B: Desirable
Trees. In addition, for new development, tree replacement credit shall be
allowed for the preservation of existing Desirable Trees on the development
site, excluding wetland areas and existing conservation areas, as follows:
DBH of Preserved Tree
Reduction in Replacement Trees
4" up to but not including 9"
1 credit
9' up to but not including 12"
2 credits
http://library1.municode.com/gateway.dll/fl/florida/28481 /28512?f=templates$fn=document-fra... 2/1/2005
apLci .i 11XL:12. rtwv 1 c& 11v1v ti1VL r.tworac V t 11V1N
12" up to but not including 16"
3
credits
Yage 11 of 1 /
16" up to but not including 24"
4 credits
Specimen and Historic Trees
0 credits
e. Trees planted under a powerline shall not exceed a mature height of
twenty-five (25) feet.
f. Diversity of species shall be required for replacement trees and not more
than twenty (20) percent of the replacement trees shall be of a single
species.
g. All landscape plans shall be prepared by a landscape architect licensed
by the State of Florida, unless the city determines the proposed landscaping
or tree removal has a deminimus impact on the property.
(c) Replacement cost. The property owner shall be responsible for the cost of replacing
the trees removed from their property.
(d) Elimination of undesirable trees and shrubs. The natural vegetative communities
existing within the city shall be protected by the control and elimination of invasive,
nonnative species. To that end, the following guidelines shall apply:
(1) Planting of trees and shrubs listed in Appendix A, Undesirable Trees, is
prohibited.
(2) Removal of trees and shrubs listed on Appendix A, Undesirable Trees, from
commercial, office, industrial, or multifamily sites (excluding jurisdictional wetlands)
shall be completed, whenever practicable, as a requirement for approval of any
development permit issued by the city or the issuance of a certificate of occupancy if
applicable.
(3) Control and elimination procedures shall in no way promote the proliferation of
the species through the dispersal of seed or other vegetatively reproducing parts.
(4) Control and elimination procedures shall in no way harm or cause the decline
of preserved or planted trees and landscaping.
(e) Limited exception for existing single-family lots. Notwithstanding any other tree
replacement standard set forth in this section, a tree removal permit for a single tree shall be
granted, as a matter of right, for each existing single family home lot, provided the city
forester determines that:
(1) The tree is not a specimen or historic tree;
(2) The tree canopy covering the pervious portion of the lot after removal of the
tree will be greater than fifty (50) percent; and
(3) A permit under this subsection (e) had not been granted during the preceding
ten-year period.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
TABLE 1. TREE REPLACEMENT STANDARDS
TABLE INSET:
http://library l .municode.com/gateway.dlUf1/florida/28481/28512?f=templates$fn=document-fra... 2/1/2005
114:1FLG1 . 1 ni:L riw 1 E1,11V1N tin II 1 1WJrK V H 1WIN ""
Page 12 of 17
DBH of Protected
Tree
Number of Replacement Canopy
Trees Required for Each Tree
Removed
Number of Replacement Small Trees
or Palms Required for Each Tree
Removed
Preferred Plant
Contribition to
Tree Bank*
4' up to but not
including 8"
1
or
1
or
Preferred Plant
(s) w/Credits
or
$250.00
8' up to but not
including 12"
2
or
2
Preferred Plant
(s) w/Credits
$500.00
12' up to but not
including 16.
3
Not allowed
Preferred Plant
(s) w/Credits
$750.00
16' up to but not
including 24"
4
Not allowed
Preferred Plant
(s) w/Credits
$1,000.00
>24'
To Be Preserved
To Be Preserved
To Be Preserved
To Be Preserved
*These amounts may be adjusted biannually to compensate for increases to costs of plants as well as to costs of installation and
establishment.
Sec. 5-10. Prohibitions.
(a) Placement of materials, machinery, or temporary soil deposits. It shall be unlawful to
place material, machinery, or temporary soil deposits within the tree protection zone, as
calculated according to Appendix C: Calculating Tree Protection Zone, before or during
construction. Before or during construction the builder shall erect and maintain suitable
protective barriers around all trees to be preserved. Upon written request, the city forester,
on a case by case basis, may allow material or temporary soil deposits to be stored within
the protective barrier if no other storage is available.
(b) Climbing spurs. It shall be unlawful to use climbing spurs or other similar device to aid
in the climbing of a live tree, where such device causes the puncture or tears the bark of the
tree.
(c) Tree spiking. It shall be unlawful to introduce any type of poison or reactive material to
a tree for the purpose of causing it to die or become diseased.
(d) Structure and pavement location. It shall be unlawful to place any structure or
impervious paving within eight -foot radius of any tree trunk or stem having a diameter of four
(4) inches or more at caliper.
(e) City trees. It shall be unlawful to trim, prune, or remove any tree which is within the
city's rights -of -way or upon any other city property without the permission of the city
evidenced by the appropriate permit.
(f) Attachments. It shall be unlawful to attach anything to a tree or stem, including nails or
spikes, having a diameter of four (4) inches or more at caliper, other than protective wires,
braces or other similar noninjurious materials.
(g) Cut and fill guidelines. It shall be unlawful to remove or add any material or ground
within the tree protection zone unless otherwise permitted by the forester.
http://library1.municode.com/gateway.dll/fl/florida/28481/28512?f=templates$fn=document-fra... 2/1/2005
ua��ci J 1rlty 1 GL 11v1v H1NJ J r1W t,K V H 1
Page 13 of 17
(h) Encroachment of the dripline. During the construction stage of development, the
developer or property owner shall not cause or allow land clearing, the use of heavy
equipment or material within the dripline of any tree or groups of trees to be retained.
Neither shall the developer cause or allow the disposal of waste material such as paint, oil,
solvents, asphalt, concrete, mortar or any other material harmful to the life of a tree within
the dripline of any tree or groups of trees, or where planting beds are to be situated.
(i) Shearing, hat racking, topping or poodle trimming of trees (lollipop), lions -tailing,
pollarding of Trees. Trees intended for shade purposes shall be allowed to reach their
mature canopy spread. It shall be unlawful to engage in excessive pruning techniques on
trees intended for shade purposes. Excessive shearing, pruning or shaping shall only be
allowed with a permit by demonstrating necessity or without a permit in times of emergency
only. The following are deemed unlawful excessive pruning techniques which are prohibited
on shade trees:
(1) Lions tailing : The improper practice of removing most secondary and tertiary
branches from the interior portion of the canopy leaving most live foliage at the edge
of the canopy.
(2) Topping, hatracking, stag heading, de -horning, lopping, and rounding over :
the improper practice of reducing tree size by making heading cuts through a stem
more than two (2) years old; a pruning practice that destroys tree architecture and
serves to initiate discoloration and perhaps decay in the cut stem.
(3) Pollarding : The pruning technique that removes sprouts back to the same
location annually or biannually maintaining a tree to a specific height.
(4) Shearing : A pruning technique which is typically accomplished with cuts made
through wood less than a year old at the sides of the canopy to create uniform dense
canopies.
(5) Poodle trimming : Combines shearing and removing lower limbs to create tree
forms that look like a "lollipop."
(j) Construction near adjacent property. Walls, structures, and pavement shall not be
constructed in any way which will result in damage to roots within the tree protection zones
of trees located on adjacent properties.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
Sec. 5-11. Reserved.
Sec. 5-12. Permit contents; expiration; removal after expiration of permit.
(a) Permit contents. The tree removal permit, when issued, shall specifically identify
which trees shall be permitted to be removed. The removal permits merely authorize the
removal of the trees specified therein. Nothing in this chapter shall be construed to require
the removal of such trees by the permittee.
(b) Permit expiration. Any permit issued under this chapter shall automatically expire six
(6) months after issuance, except for permits issued in conjunction with a building permit
which shall automatically expire six (6) months after issuance or at such time the building
permit expires, whichever is later.
(c) Restrictions on tree removal after permit expiration. Trees not removed during the life
of the permit may not be removed without the issuance of a new permit based upon a new
http://library 1.municode.com/gateway.dll/f /florida/28481/28512?f=templates$fn=document-fra... 2/1/2005
k.,tiaptzi J 1 ivnE, rm../ 1 EA., 11v1V HIV V H 11U1V
Yage 14 of 1 "/
application.
(d) Permit display. The permit shall be located and maintained upon the site at all time
until final inspection or until issuance of a certificate of occupancy if applicable. For new
developments, the permit shall be attached to the "posting board" with other permits. For
existing developments and existing single-family residences, the permit shall be displayed
so as to be easily visible from the street.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
Sec. 5-13. Minimum tree requirement.
No certificate of occupancy shall be issued on the types of construction indicated below
unless the underlying parcel has at least the required minimum number of approved trees:
(a) Any new single-family or duplex dwelling unit on a lot of Tess than six thousand
(6,000) square feet or greater: not fewer than two (2) trees.
(b) Any new single-family or duplex dwelling unit on a lot equal to six thousand
(6,000) square feet: not fewer than two (2) trees plus one (1) additional tree for each
four thousand( 4,000) square feet over six thousand (6,000) square feet.
(c) Any commercial, industrial, multi -family or other structure requiring site plan
approval under the city land development regulations: no fewer than six (6) trees or
four (4) trees per acre, whichever is greater.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
Sec. 5-14. Tree protection during development and construction; periodic
inspection.
(a) Restrictions during construction. It shall be unlawful for any person, during the
construction of any structures or other improvements, to place solvents, petroleum products,
paint or masonry materials, construction machinery or temporary soil deposits within the
dripline of any tree for which a tree removal permit is required but has not been obtained.
This provision includes soil that is placed in the dripline permanently for the purpose of a
grade change, unless the grade is changed according to the guidelines described in the
Florida Division of Forestry, Department of Agriculture and Consumer Services Publication,
Tree Protection Manual for Buildings and Developers.
(b) Burden of tree protection on property owner. It shall be the responsibility of a property
owner and their agents to ensure that any tree shown on the tree inventory for which a tree
removal permit has not been obtained is to be protected. The property owner shall
guarantee survival of retained trees and replacement trees for one (1) year from completion
of permitted construction, unless a greater time period is required by development
agreement. If a retained or replacement tree dies during that time period, the property owner
shall replace the tree in accordance with a remedial action approved under section 5-17 of
this chapter.
(c) Protective barriers and signage required. Protective barriers shall be installed prior to
construction (as determined using Appendix C: Calculating Tree Protection Zone) around
every tree or group of trees to be preserved. Waterproof, rigid "Protection Zone Area" signs,
as shown on Appendix D: Tree Protection Area Signage and not smaller than two (2) feet by
three (3) feet shall be posted at 100-foot increments along the protective barriers.
(d) Site inspections. The city forester may conduct periodic inspections of the site. It is the
responsibility of the property owner and their agents to ensure that all provisions of this
http://library 1.municode.com/gateway. d11/fl/florida/28481/28512?f=templates$fn=document-fra... 2/1/2005
�.11ur 1v1 ✓ A 1 1\V 11i%.. 1AV' 1 L-1191" 1 1\Li)L'1‘. V P111V1V
rage 1J oI 1 i
chapter are met.
(e) Adjacent properties. The property owner and their agents shall ensure that the tree
protection zones of trees located on adjacent properties are protected as required by this
chapter for trees located on the site being developed.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
Sec. 5-15. Voluntary tree planting.
This chapter shall not be interpreted to restrict, regulate or limit the voluntary planting of any
tree within the city. The provisions of this chapter govern only the planting of trees which are
required to be planted or retained under this chapter. Trees or plants planted in the city's rights -of -
way are subject to removal or trimming by the city at any time.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
Sec. 5-16. Waivers; incentive program and appeals.
(a) Waivers. The city commission may grant a waiver to provisions of this chapter where
the applicant demonstrates that the literal interpretation of the chapter will deny the
applicant reasonable use of the property or where such waiver can be demonstrated to be
consistent with the purpose and intent of the chapter. The preservation of any approved tree
over four (4) inches in caliper may be considered as the basis for the granting of a waiver
from the literal application of the provisions of the city's land development regulations. If, in
the determination of the city commission, the sole basis for the request for waiver is to
preserve such tree which would otherwise have to be removed, it may direct any required
waiver fee to be waived.
(b) Appeals. Any person adversely affected by an administrative interpretation of this
chapter by the city forester may first appeal that interpretation to the city manager by filing a
written notice of appeal of said interpretation within ten (10) calendar days of said
interpretation. The city manager shall decide said appeal within five (5) business days. Any
person adversely affected by an administrative decision of the city manager under this
chapter may appeal that interpretation to the city commission by filing a written notice of
appeal of said interpretation within thirty (30) calendar days of said interpretation. Failure to
file an appeal within the time periods required by this subsection shall result in the
administrative interpretation to be declared final and shall be deemed a waiver of the
person's right to further appellate review and proceedings. The city commission shall decide
said appeal within thirty (30) days of the city's receipt of said notice of appeal and the city
commission's decision shall be final. Except for the mandatory time periods required for the
notice of appeal, the time periods required for a decision may be extended by mutual
agreement between the city and the person filing the notice of appeal.
(c) Incentive program. The city commission reserves the right to offer and approve
incentives for purposes of protecting and preserving mature trees and planting enhanced
landscaping. Such incentives shall have a public benefit and may include, but are not limited
to, varying provisions of the city's land development regulations (e.g. reduced parking;
modified setbacks) and providing credits to city development fees. Any incentives granted
under this subsection shall be consistent with the comprehensive plan and shall be by
development agreement or other formal approval.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
http://library 1.municode.com/gateway.dll/flflorida/28481/28512?f=templates$fn=document-fra... 2/1/2005
\.11plltVl J 11\lili 1 1\V 1 11V1V tilvll r1. arac V t111111V
rage Ito of 1 /
Sec. 5-17. Remedial action.
(a) Violations require remedial action. Where violations of this chapter have occurred,
remedial action shall be taken to restore the property consistent with a restoration plan
approved by the city forester or the city commission if the violation is inconsistent with plans,
permits, or agreements approved by the city commission. The restoration plan may require
mitigation of any other damage to the property, as well as tree replacements.
(b) Tree replacement remediation requirements. Each tree destroyed or receiving major
damage during construction must be replaced by either a comparable size and desirable
type of tree as listed within Appendix B or providing a contribution to the tree bank equal to
four (4) times the contribution listed on Table 1. Tree Replacement Standards [following
section 5-9] or planting four (4) preferred plants listed within Appendix B before issuance of
a certificate of occupancy or certificate of completion.
(c) Property owner to guarantee survival of replaced trees. The property owner shall
guarantee the survival of the trees required to be placed under subsection (b) above for a
period of two (2) years from the date the certificate of occupancy or certificate of completion
is issued, unless a greater time period is required by development agreement. If the
replacement tree dies, the tree shall be replaced in accordance with this section.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
Sec. 5-18. Enforcement; penalties.
(a) Enforcement. The city may enforce the provisions of this chapter by any lawful means
including, but not limited to, issuing a civil citation, bringing charges before the city's code
enforcement board or special master, and seeking injunctive and equitable relief. For
purposes of determining the penalties provided under this chapter, the removal or death of a
tree in violation of this chapter shall be deemed irreparable or irreversible.
(b) Penalties. In addition to all other remedies set forth in this chapter, one or more of the
following civil fines shall apply to violations of this chapter:
(1) Failure to obtain a permit under section 5-4(a): Fine of two hundred fifty dollars
($250.00) per tree or five hundred dollars ($500.00) per specimen or historic tree
removed, not to exceed five thousand dollars ($5,000.00).
(2) Removal of a tree without a permit: Fine of fifty dollars ($50.00) per caliper
inch, not to exceed five thousand dollars ($5,000.00) per tree.
(3) Removal of a specimen or historic tree without a permit: Fine of one hundred
dollars ($100.00) per caliper inch, not to exceed five thousand dollars ($5,000.00)
per tree.
(4) Failure to abide by a cease and desist order issued under this Chapter: Fine of
five hundred dollars ($500.00) per day.
(5) Failure to obtain a contractor's license under section 5-4(e): Fine of two
hundred fifty dollars ($250.00) (1st offense); five hundred dollars ($500.00) (2nd and
each subsequent offense).
(6) Failure to abide by the requirements of section 5-10 of this Chapter: Fine of
two hundred fifty dollars ($250.00) per occurrence.
(7) Any other violation of this chapter: Fine as provided by law and this chapter.
(c) Civil fine determination. In determining the amount of the civil fine under subsection
(6) above, the following factors shall be considered:
http://library 1.municode.com/gateway.dll/flflorida/28481/28512?f=templates$fn=document-fra... 2/1/2005
«1 J IVE.E.1rl v1v1V JAM.,r1[t t1'(VH11V1V-
_Page 17 of 17
(1) The gravity of the violation.
(2) Any actions taken by the violator to correct the violation.
(3) Any previous violations of this chapter committed by the violator.
(4) The number and size of the trees removed, if any.
(5) The historical significance of any tree removed if the tree was deemed historic.
(6) Whether the violation is irreparable or irreversible in nature.
(7) The remedial actions offered by the violator to restore the property consistent
with this chapter.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
Sec. 5-19. Authorization to adopt rules and regulations and fees for implementation.
The city commission is hereby authorized to adopt, by resolution, such rules and regulations
and fees as are necessary or proper to implement this chapter.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
[THIS PAGE INTENTIONALLY LEFT BLANK]
http://library 1.municode.com/gateway. d11/fl/florida/28481/28512?f=templates$fn=document-fra... 2/1/2005