HomeMy WebLinkAbout03-09-2005 Agenda Packet Workshop w/CouncilCity of Cape Canaveral
PLANNING & ZONING BOARD WORKSHOP MEETING
WITH THE CITY COUNCIL
CITY HALL ANNEX
111 POLK AVENUE
MARCH 9, 2005
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
DISCUSSION:
1. City Code Review - chapter 102 - Landdearing.
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 respell 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 Iaw. This meeting
may indude 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: ccapecanaveral@cfl.ff.com
Incomplete Draft: 3/7/2005
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 11, 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 38
Incomplete Draft: 3/7/2005
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 of the Code of Ordinances, City of Cape Canaveral,
Florida, is hereby amended as follows (underlined type indicates additions and stiik.,out 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).
City of Cape Canaveral
Ordinance No. _-2005
Page 2 of 38
Incomplete Draft: 3/7/2005
Barricade means protection for vegetation to be preserved which is erected at the dripline
and clearly visible to heavy equipment operators.
Caliper. Measurement of a tree twelve inches from soil level.
Crown. The mass of branches, twigs and leaves at the top of a tree, with particular reference
to its shape.
Desirable Species (trees/plants). Trees and plants adaptive to the climate and soil of the City
of Cape Canaveral and identified in Section 102-52 of this Division, as maybe amended by the City
Council by ordinance or rule promulgated pursuant to Section 102-51 of this Division.
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 line running through the outermost portion of the tree
crown extending to the ground.
trcc braiIcli
Land clearing means the disturbance or removal of vegetation from any site, parcel or lot
using backhoes, bulldozers, root rakes, or similar mechanical means which may kill or damage roots,
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. u aJ to lilaiijtain v�gotatinn in a h,altliy, viably %Am it*An r.
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.
Protected Barrier. 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.
Recognized knowledgeable person means a person recognized by the city as being
City of Cape Canaveral
Ordinance No. -2005
Page 3 of 38
Incomplete Draft: 3/7/2005
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.
Silviculture. A process, following acceptable forest management principles, whereby the
crops constituting forests are tended, harvested and reproduced.
Specimen Tree means a tree having a caliper of twenty-four (24) inches or more in diameter.
Specimen trees shall not include undesirable, dead, or diseased trees, or trees that are structurally
unsound and cannot recover from pruning. Specimen trees shall also not include the following trees:
[INSERT ANY TREES NOT SUITABLE FOR CAPE CANAVERAL THAT SHOULD
NOT BE AFFORDED SPECIAL PROTECTION]
Transplant. The act of relocating an existing tree upon the same lot.
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 (3) 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.
ysteni or around the 1, unli witi,out spccial prot
Tree Protection Zone. The 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 Building Official may damage the tree. This zone is calculated according
to Appendix of this Division.
Understory means an underlying layer of low native vegetation usually associated with trees.
Undesirable species means any of the species identified in section 102-4-5 53.
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.
City of Cape Canaveral
Ordinance No. _-2005
Page 4 of 38
Incomplete Draft: 3/7/2005
Sec. 102-37. Civil I,e,lalties.
tic[ittCS tur V101att
i1S division shall l,G as spG. 111Gt1 lil l .J. G 1. 1 UL Oi most imieu t]
$250.0 t tfcc, It
Squatf. el clealcd.
Svc. 102-38. Crhii,ral penalties.
additiorr ua1ticb in sc�tiuu 1-02-37, .,a.,h violation of this division-shaliTupon
ctTtTVirtitYTITbe-pudibllC• ao p1Ovidl.tl Sectt01 1-15.
Sec. 102-37. Title; Applicability; Intent and Purpose.
(a) Title. This Division may be cited and referred to as the "City of Cape Canaveral
Tree Preservation and Landscaping Code."
(b) Applicability. This Division shall be applicable to all land lying in the incorporated
area of the City of Cape Canaveral, except for land containing three (3) or less residential
dwelling units.
(c) 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.
(d) Purpose. The purpose of this Division is to establish regulations for trees within
the 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
City of Cape Canaveral
Ordinance No. -2005
Page 5 of 38
Incomplete Draft: 3/7/2005
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) Penalties. 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.
(4) 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 102-48.
Sec. 102-39. Permits.
(a) Permit Required. No person shall engage in tree removal or engage in land clearing
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 clearing, the contractor shall be responsible for obtaining the permit required
by this Division prior to the tree removal or land clearing.
(ab) Application Required. An application for tree removal and land clearing shall be
filed on an official form provided by the building official. The applicant shall be required
City of Cape Canaveral
Ordinance No. _-2005
Page 6 of 38
Incomplete Draft: 3/7/2005
to pay a fee as may be established by the resolution of the city council, 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 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. Noticc. Unkss specifically
ti ��iIIptcd iu 1 V iJ1011, it shall be unlawful 1u1 any pui Sou 10 uue,agu iirlauLLltcuing ul
alrymily, paiGul vt lvt witliin th ,
writic1l 1iOtiflcatiO1 to tllc building official, paisuant to the followinlg con ditions, and
(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) Valid reasons for the removal of trees.
(5) 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 less indicating: A
nag and propures,
lliivrway,, Oubitc Scwage di5pvmal facilities, walci bOdiQb, cxibtiug ticuS aid
vegetatire—commtniities—identified—by—species--and—size—or—other—informatiorr -as
requircd by the city.
(A) Property boundaries.
(B) 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 retention and detention areas, utilities and other such
improvements. Proposed improvements shall be depicted as an overlay on
City of Cape Canaveral
Ordinance No. -2005
Page 7 of 38
Incomplete Draft: 3/7/2005
existing trees so as to clearly indicate which trees must be removed in order
to accommodate the construction of the improvements.
Upon request by the applicant, the building official or appropriate review board 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.
(7) A replacement plan in accordance with Section indicating the means
for compensating for the tree(s) to be removed including the species and size of any
replacement trees.
(8) 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 trees intended to be preserved. Said
statement shall immediately be brought to the attention of the building official at the
time the application is filed and prominently attached to the front of the application.
(9) A protection plan describing how preserved trees shall be preserved on the
site and adjacent properties during construction, tree removal, and grading.
(c) Time for Application. Applications for land clearing permits shall be made prior to
tree removal or land clearing, except that if the tree removal or land clearing is part of a
proposed development project that requires site plan or subdivision approval, the application
shall be submitted at the time the site plan or subdivision application is submitted so that due
consideration may be given to the protection of trees during the site plan or subdivision
process. Each application for tree removal shall be subject to review under the site plan and
subdivision process.
(d) Approved Site Plans, Permits, and Development Agreements. All permits issued by
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.
(L) D�a�lopincnt order. If a pcii mt is rcgulf cd, ,lo laid c1La,i,lg alidll tale p t..e au a nu
the iapplicable
dLi kit the property.
(c) Survey permit. A survey permit is iLoguii��l may be issued by the building official for
City of Cape Canaveral
Ordinance No. -2005
Page 8 of 38
Incomplete Draft: 3/7/2005
the limited purpose of allowing land clearing and tree removal for surveys and soil or
engineering testing according to the following:
(1) Ii for tu any Tree removal and land clearing for surveying shall be subject to
the land clearing and tree removal requirements of this Division. The land clearing
area for surveying shall not be greater than five feet in width or soil ui c1lgiva‘,►i11g
testing shall not be greater than eight feet in width with a reasonable turnaround for
soil and engineering testing; tThe owner of the property proposed to be cleared or his
authorized agent shall submit an a survey permit application fur the proposud-Iand
Llcaliu6 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.
nor to any lanLanog, all tees to be pioteeted shall be 1.1141 red at t1i�
p!lnc by t11C erection of barriers clearly visfl,i to 1ica'y cyuipmont operatuls.
(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.
(rig) Duration of Land clearing permit. A land clearing permit shall be icquiicd fo1
(1) Tl1e fssualicc of wand clearing permmt shall be n. quirprior to land clearing
a tL% applicant has obtaun.,d all appiuvod site plan, �ulnl1Viaiv11 apply val v1
a. If one or more trees three inches dbh or greater, excluding undesirable
ap‘A..ics, a1�, to be rcinovcd fivfn the property.
b. If 50 percent or greater or more than one acre, whichever area is less,
i the propCrtr-exchrding
tin spc�ics.
City of Cape Canaveral
Ordinance No. _-2005
Page 9 of 38
Incomplete Draft: 3/7/2005
(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.
(h) 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.
aildh g official as follows
a. Single family residential. The property owncr of a single-family lot
Jliall piuvidv d liov ails vugGtat1VC G
tllawn, on a plot plan of tlie- propvity, with at,proat,on of all
J1tuu , ,
l,lol plan atiun, species and dbh Of aH frets to be counted
tOwaid lire landscape poi1 t rcquiicniGilt. or tliuoc Jitc-s Of Gvu auiv5 ui
>greaterirrsize-a-recent-aerial-photograph-including-but-notlimited-to-county>
GuUilty taA-appraisees-trlue-firre
,
a gamed.
applIca' it Ot a sdbdlvlsloil of ulaltllailllly, conliuufuial ui in UJ iial piujw1
Jliall yiovidL. a safvcy of t1GGs as 1, gvtativc coimimaitivs as iduiltificd by
aciial iilaps or soil saf�Ly napsai�d a soil snap, at a iuuuuuuui. I'uf tliuMu aitw
Of frVe acres of-gfcaturIn size, a recant aaii
ulluvvulg slivatioils.
ivlston, no-S1irvuy peiimt or la
ncrgclicyl‘,movai o
uariilg pefinll Sllall Uu iuquncd ui Uit..
�onslydainagc tfGG, wiliulla y
allvui�
City of Cape Canaveral
Ordinance No. -2005
Page 10 of 38
i 11,E general public.
Incomplete Draft: 3/7/2005
prop
iid elcai nig actwrnty is r�-gulatcd by
gulatmils may-superscau
y.
�raragt,ncy, wnicli
lc Temoval of vcgutatlon has bccii ordurcd by the city pursuant to ulhui Jul tJu11
is Codu and tlil., quircincnts of iilt%flt of t11is div•Is•lon,
fly 111ailagui, or his dusignec, shall ilugotiatc a resolut1011 of tlrc conflict.
1�d cicaring activitics on siiiglc-falailyicsidcntial lots of one acrc or less in sizc,
upon sat,lr-siliglerfainily icsidt..ntiai-lot.
(5) The irar �cst111g of ticcs fui irbona tidc cormcrcial uSc, wl[1.11 duuc 111 al. uiUam.A.
t rnaiiagcraciit piacticus.
) A sltc, parccs having an agricultui d-Oi S11vh.uiLura! plupuac
aglicultLual purpos s or dctiviti s alid an active dc'vC1oplilellt order is not being svugllt.
Sec. 102-40. Permit Criteria; Exemptions; Standards of Review.
(a) Permitted Criteria. Upon receipt of a completed application and verification by the
Building Official, the Building Official may issue a Land Clearing Permit under any one of
the following conditions:
(1) For building and construction sites, as shown on City -approved site plans,
provided trees and landscaping are installed on the property in accordance with
Section of this Division.
(2) The trunk of the tree is located closer than five (5) feet to the foundation of
an existing or proposed structure, and it is not feasible to relocate the structure.
(3) The trunk of the tree is located closer than ten (10) 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 it is not feasible
to relocate the structure.
(4) Trees severely diseased, severely injured or dead.
(5) Trees that interfere with the construction or repair of public infrastructure and
facilities.
. City of Cape Canaveral
Ordinance No. -2005
Page 11 of 38
Incomplete Draft: 3/7/2005
(6) Undesirable Trees, per
(7) Trees that have been approved for removal by the Building Official and which
shall be replaced elsewhere on the property.
(b) Permit Exceptions. The following tree removal activities are exempt from the permit
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.
(2) 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.
(3) 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.
(4) 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; and (ii) trees of typical
harvestable size and type exist on the property which are capable of being harvested
for income and that the property has, or intends to, generate income from the
harvested trees.
(c) Permitted Standards of Review. When making decisions under this Division, the
City shall be guided by the following standard of review guidelines:
(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.
City of Cape Canaveral
Ordinance No. -2005
Page 12 of 38
Incomplete Draft: 3/7/2005
(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.
City of Cape Canaveral •
Ordinance No. -2005
Page 13 of 38
Incomplete Draft: 3/7/2005
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.
olupmcnt sILC thresilold5.
1�gai airs
is dlv•lsioil.
p
vl pa cc 01 an tieing QcveIupcd, S iall Ue Sut.Jjcct ltj
1-S1CG 511
1ve land5capc credit as pruvldod for t,y
but.tiv11 11U-JOO ct Scq. pcltalning to 1a11115Y ap111g.
resei Vat10n i11rGSilOIaS.
plotcctcd.
(2) Vegetative buff .r areas. W11ere a vegetative baffvr rs rvquir d Ly stetson
566 1 within the -required
, with dciiable species
listed ill siol - ,
unofy.
G 1 tccMov al crltcrla.
p1otl.ctcd t1ce, as spc1,111cd in Sul,SGGtinn (1J) Oi this Sec ion, May O111y i71.
ag,
01 1c111vva1 ifi.,11G .
]crc site'-(teS1g11 fnodllications, as dcy a pi g
111spect1o11, it, not f..asiblc tv allow t11t. USIl• p..1111it1l_d, aS dl.i1.1111i11..d by
5pcvific Lolling of t11c piupefty.
Whcrc the trunk of a protected tree is located closer than five feet to
the fvim dativand it is not f..asibl
1u
City of Cape Canaveral
Ordinance No. -2005
Page 14 of 38
Incomplete Draft: 3/7/2005
C. W1,Gre the t, unk ofa plotLeted t,ec 1s 1ucatLd c1osL1 tha,i lei lest !foal
the foundatiuu Of the •'s Lur,bi k1Gd 11av1ug aft
met and
aggressive rvotsyst .m or tl,e Natural mature heigl,ris greatcrtl,
IG tl,e 1OCat1011 01 the t,GG plevGutS tll� 'Cud1t dLLLJS tv 11,L
pr u�el ty f1 Old a publicly dediea„rau,ta,,,.,J 1 uatl way u1 wl,e1 e 11rL 11 �,
Loll�tituhaz.a,d to pLJwtlial, ui vLlliLulal t,aff,c wLail11u1 LL
1itLi.v11 shall be LAL1„pt f1v„1 tl,u 1c1,ia in JubJGCCUll (d) 0
this sccti
11.1L ul,a
tNe5, arat,iage
piat,lically rcloc
GG pit,. v Griia t1rC GOri5t1 tictlori 0I Util ty
1es, roadwaycquired-parking-areasivhicir cannot -he
vI Must systems.
1(.1UULGU 0l w1,G1G 111G L1 GLS t,a1u1vt UL L1 1116GU gab pal
1
y ages storm, 11reo1 ousel l„Jury so as to
post, a aaigcr to persoas, p1 Opt,rty, s12L 1nlprov GlatS or ot11er t1 GGs. l(G1110v at
1e1,laLel,1
g• i nc t,cc retraces 111ty of a noirt,s,a1,11tla1 a1,v .duy1,1Lut 111011,
aring, Gaccpt liana ctcaring, within tlic ctriplmc oI any
1 viuua paving, 1hiLlCiug ui any other
rnateriahvhich does Not restrict the health and grove tlrofa Flu uu. u i of pi esLr v ed trt e
play be alilized.
(3) The natural gradLmaynot be altered within thc projected driplilic of tilt hcc,
LAuupt ill auCOtdaiiCC Wilk tilt state divisioll of fult,Jtly t1LL 1/1utvGtJun 11ra111ial, pag't,A
1--18, or compai able accepted pr otcL '
placement crltLrla. Whcrc rile removal ofa protLGtLd 111/4.L 111LLtJ any o,1c u1 1Nu1L
of the critctia idLlitificd in subsection (c) of this sLction, the devclopc
rise foi�owing optlotls:
(1) Tllc dLv clopershall p1 u v idc one or inure native t1 ccs to replace thc relnov ed
City of Cape Canaveral
Ordinance No. -2005
Page 15 of 38
Incomplete Draft: 3/7/2005
t,f tllc tree 1G111oved, tllavldcd that tllc llclgllt above soli 1Gvel is at least ten tcct.
Gp1acctne11t 11
(2) The dcvcloper may relocate, or transplant the protected trcc clscwhcrc on the
sally lest of parcel of 1a11d or public -land or private land vd1t111n the city.
n a 11Cavily-woockcl lot, oper may pay a Ict SGt IO1t11 111 appe11Q1A
D tul.11is Code fur the tree reniove,d in lica of replacement. Tlhe fee will be deposi_ttctd
111tu the Glty J cllvliOillntr clltal ust fu11d fof the acqui1111 silioli Of C11vi1V1GittalIy
11d rcvcgctat101I of publlc lands.
plaee111ent is L1c cssal y 1f the fclno'val is done pufSuaiit t0 111G a 11te 11a 111
UUJLA,L1011 ., u.,
pcctlons.
e.VGtopineilt llrSpeet1o11. 1"llOf t0 any eleaLing ae,llvlty v1 111c 11a1ativ11 u
s1tc e1e,vGlvy111ea1t plat , ,
TLlluilccl v getationimatimrsurver
to-ensure-the-tree-strrreyis-accurate—and-the-me-asures-deseribed-in-the-applicatimr for
pit"
•
Gs alga �cgctation.
peetio11 prior tv GGIt1IiCatC OI occupancy G11011. 171v1
tiria,uauCC of a eel tirealc of oceupan y or eel tificalG aftiu1111111,tiun, a site i11aYGGtiult
will be conducted to ensure, Thal
ensure -that all prute,etcd trccs and v
up mspeLuoll. i I111d1 51te 111spueleo 011e ye,a1 alle
t11G uallee or a eertllicate 01 OeCup toi S111g1G-1aim 1y, 111uttiph.-Iand 1y aile1
Lees and vegutatiou 11ab occu11e,
claspcction. lI tiCGs an Q vcgctatio11 wcfc not in place or not u1 a viat,1l
condition at the foliowup inspec.tiot ,
to GiIScdfC that t11Ct1 . a11d 1011 wcrc rcplaucd.
OLat1O11 Ot t1ecs. 1G1e trccs art ploposed to u1111w 1val1ult
pulpos.,s, a land clearing pciinit shall be required-:
City of Cape Canaveral
Ordinance No. _-2005
Page 16 of 38
Incomplete Draft: 3/7/2005
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. Tree Replacement Guidelines.
(a) Tree Replacement. All trees that are removed or destroyed and subject to replacement by this
Division shall be replaced by a species of tree cited in Appendix , Desirable Trees or
such other trees properly approved by permit. 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:
City of Cape Canaveral
Ordinance No. -2005
Page 17 of 38
Incomplete Draft: 3/7/2005
(1) Characteristics of Replacement Trees. The replacement Trees) 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)
(3)
(4)
1,1
(5)
Size of Replacement Trees. Replacement Tree(s) are to be made according to the
Tree Replacement Standards set forth in Section or as otherwise agreed upon
by the City Council and applicant.
Tree Species. Relocated or replacement trees shall include only species and sizes
defined as Desirable Trees (Appendix ) under this Division.
Transplanting and Maintenance Requirements. All trees transplanted pursuant to
this Division 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 Division. For new
development projects which require at least ten (10) new trees, the City may require
a performance bond in a form acceptable to the City Attorney, as a condition of site
lan annroval in order to ensure com liance with this subsection.
4 t¢. anc 5C(f Yl •
Waivers ofReplacement Tree(s) Specifications. The number of required replacement
trees may be waived by the City Council, if the City Council 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 Division 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 Council 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 Council. The value to be paid into the tree bank shall
be set forth in Section and slid 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 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 Existing Wetlands in the City of Cape Canaveral Comprehensive
Plan) dedicated to the City as part of a development project, three (3)
City of Cape Canaveral
Ordinance No. _-2005
Page 18 of 38
Incomplete Draft: 3/7/2005
(E� }gees
(F) Diversity of species shall be required for replacement trees and not more than
twenty percent (20%) of the replacement trees shall be of a single species.
replacement tree credits may be applied to the total number of trees required
to be replaced by this Division. However, the minimum tree requirement set
forth in Section shall still apply. Such public conservation area must
be at least one half (1/2) acre with widths not less than 75 feet, unless
otherwise approved by the City Council. In addition, trees approved by the
Building Official to reforest such conservation area shall also be applied to
the replacement requirement on a one -for -one basis.
(C) If the City Council 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 Council
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
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:
Reduction in
DBH of Preserved Tree Replacement Trees
4" up to but not including 9" 1 credit
9" up to but not including 12" 2 credits
12" up to but not including 16" 3 credits
16" up to but not including 24"
Specimen and Historic Trees
4 credits
0 credits
O re-: .la. -d dero me: :11 o'e ee:. to
fie ' J f ` 'sh I t no be 1' k ,, lines,
(c) Replacement Cost. The property owner shall be responsible for the cost of replacing the trees
City of Cape Canaveral
Ordinance No. -2005
Page 19 of 38
Incomplete Draft: 3/7/2005
removed from their property.
(4) 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 , Undesirable Trees, is
prohibited.
(2) Removal of Trees and Shrubs listed on Appendix , 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 theproliferation 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.
imited Exception for Existing Single Fa y Lots. Notwithstanding any other tree
re.. - ment standard set forth in this sec ' n, a tree removal permit for a single tree shall be
granted, a atter of right, for each = fisting single family home lot, provided the Building
Official determi - that:
(1) The tree is not a sp - ' m - ee.
(2) The tree cano
covering the pervio . ortion of the lot after removal of the tree will
be eater ' an fift .ercent• and
(3) A pe it under this subsection (e) had not been gra
e period:'
Sec. 102-44. rohibitions.
d during the preceding ten (10)
(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 : 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 Building
Official, on a case by case basis, may allow material or temporary soil deposits to be stored
City of Cape Canaveral
Ordinance No. _-2005
Page 20 of 38
Incomplete Draft: 3/7/2005
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 (8') 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 Building Official.
(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.
City of Cape Canaveral
Ordinance No. -2005
Page 21 of 38
Incomplete Draft: 3/7/2005
(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 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."
(10) 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.
Sec. 102-45. Minimum Tree Requirement.
!'.0 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 less than 6,000 square feet or
�vc greater: not fewer than two (2) Trees.
UI
(b) Any new single-family or duplex dwelling unit on a lot equal to 6,000 square feet: not fewer
than two (2) trees plus one (1) additional Tree for each 4,000 square feet over 6,000 square
feet.
pec.
102-46. Tree Protection During Development and Construction; Periodic Inspection.
(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.
) 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.
City of Cape Canaveral
Ordinance No. -2005
Page 22 of 38
Incomplete Draft: 3/7/2005
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 102-43 of this
Division. For new development projects, the City may require a performance bond in a form
acceptable to the City Attorney, as a condition of site plan approval, in order to ensure
compliance with this subsection.
(c) Protective Barriers and Signage Required. Protective Barriers shall be installed prior to
construction (as determined using Appendix : Calculating Tree Protection Zone)
around every Tree or group of Trees to be preserved. Waterproof, rigid "Protection Zone
Area" signs, as shown on Appendix : Tree Protection Area Signage and not smaller
than two feet (2') by three feet (3') shall be posted at one hundred foot (100') increments
along the Protective Barriers.
(d) Site Inspections. The Building_Official 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
Division 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
Division for Trees located on the site being developed.
Sec. 102-47. Voluntary Tree Planting.
This Division shall not be interpreted to restrict, regulate or limit the voluntary planting of
any tree within the City. The provisions of this Division govern only the planting of trees which are
required to be planted or retained under this Division. Trees or plants planted in the City's rights -of -
way are subject to removal or trimming by the City at any time.
Sec. 102-48. Waivers; Incentive Program; and Appeals.
(a) Waivers. The City Council may grant a waiver to provisions of this Division where the
applicant demonstrates that the literal interpretation of the Division will deny the applicant
City of Cape Canaveral
Ordinance No. -2005
Page 23 of 38
Incomplete Draft: 3/7/2005
reasonable use of the property or where such waiver can be demonstrated to be consistent
with the purpose and intent of the ordinance. 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 Council, 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) Administrative Interpretation Appeals. Any Person adversely affected by an administrative
interpretation of this Division by the Building Official 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
Council under this Division may appeal that interpretation to the City Council 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. The City Council shall
decide said appeal within thirty (30) days of the City's receipt of said notice of appeal and
the City Council'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. The appeal procedure
under this subsection shall be the exclusive method for appealing an administrative
interpretation decision made under this Division.
(3) 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, waiving
provisions of the City's land development and zoning code in accordance with Section 102-
42 of this Division 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 by the City Council.
Sec. 102-49. Remedial Action.
(a) Violations Require Remedial Action. Where tree removal or land clearing violations of this
Division have occurred, remedial action shall be taken to restore the property consistent with
a restoration plan approved by the Building Official or the City Council if the violation is
inconsistent with plans, permits, or agreements approved by the City Council. The
restoration plan shall require mitigation of any other damage to the property, as well as tree
replacements. The restoration plan shall be in addition to any civil penalty imposed by the
City under Section 102-38 of this Division.
City of Cape Canaveral
Ordinance No. -2005
Page' 24 of 38
Incomplete Draft: 3/7/2005
(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 or providing a contribution to the Tree Bank equal
to four times the contribution listed on Table : Tree Replacement Standards or
planting four (4) Preferred Plants listed within Appendix 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. For new
development projects or violations involving the unlawful removal of more than five (5)
trees, the City may require a performance bond in a form acceptable to the City Attorney, as
a condition of approving the restoration plan, in order to ensure compliance with this
subsection.
Sec. 102-4-50. Open burning of natural cover.
Open burning of natural cover which is the result of land clearing is prohibited.
Sec. 102-43. Revvgetato) n.
notifreativn-ofviolatiorrbYthe Lniuffnial-
Sec. 102-51. Rules and Regulations and Fees for Implementing this Division.
The City Council may adopt, by resolution, such administrative rules and regulations and fees
that are necessary and proper to implement this Division.
Sec. 102-4452. List of Desirable Species and 1 ico,.,,,iciided Iai1d caphag plants.
[List Needs to be Reviewed and Updated]
(a) All trees and plants required to be installed under this Division or elsewhere in the
City Code shall be selected from the list of desirable species and plants set forth in this
section. The list of trees and plants in this section is are intended to provide a guides to the
developer and homeowner in JGkt..tiug a list of appropriate native and suitable vegetation for
City of Cape Canaveral
Ordinance No. -2005
Page 25 of 38
Incomplete Draft: 3/7/2005
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. The City
Council hereby finds that /if natives and other desirable vegetation suitable for the City's
climatic condition are utilized ' in the form
and size context in which they naturally occur, a long-lived and maintenance -free landscape
scheme will result within the City of Cape Canaveral. The lint also conlaill 1 G1,V111111td1Ul
ab �ralirc 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 less 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.
City of Cape Canaveral
Ordinance No. _-2005
Page 26 of 38
Incomplete Draft: 3/7/2005
(+) 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
Botanical Name Common Name Community Cold
Tolerance
(ST) Small Tree
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 -
City of Cape Canaveral
Ordinance No. -2005
Page 27 of 38
Incomplete Draft: 3/7/2005
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
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
City of Cape Canaveral
Ordinance No. _-2005
Page 28 of 38
Incomplete Draft: 3/7/2005
Avicennia germinans Black mangrove N, C, S, B +
Bursera simaruba Gumbo limbo S, B
Carpinus caroliniana Hornban/bluebeechN, 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 +
. City of Cape Canaveral
Ordinance No. -2005
Page 29 of 38
Incomplete Draft: 3/7/2005
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 mapleN, 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 +
City of Cape Canaveral
Ordinance No. -2005
Page 30 of 38
Incomplete Draft: 3/7/2005
Taxidium distichum Bald cypress N, C, S +
(P) Palm Tree
Paurotis wrighti Saw palmetto N, C, S +
Sabal palmetto Cabbage palm N, C, S, B +
(S) Shrub
Bacharis halimifolia Groundsel tree N, C, S, B +
Befaria racemosa Tar flower N, C, S +
Callicarpa americana Beauty berry N, C, S +
Cephalanthus occidentalis Buttonbush N, C, S +
Croton punctatus Beach croton B
Erythrina herbaceae Coral bean N, C, S, B +
Iva 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 +
City of Cape Canaveral
Ordinance No. -2005
Page 31 of 38
Incomplete Draft: 3/7/2005
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 +
Borrichia frutescens Sea oxeye daisy N, C, S, B +
Ceratiola ericoides Rosemary N, C, S, B
Crinum americanum String lily N, C, S, B +
Ernodea littoralis Golden creeper S, B
Gaillardia pulchella Firewheel N, C, S, B +
City of Cape Canaveral
Ordinance No. -2005
Page 32 of 38
Incomplete Draft: 3/7/2005
Garberia fruticosa Garberia N, C, S +
Helianthus debilis Beach sunflower N, C, S, B +
Hymenocallis latifolia Spider lily N, C, S, B +
Hypericum spp. St. John's wort N, C, S, B +
Licania michauxii Gopher apple N, C, S, B +
Nephrolepis biserrata Boston fern S
Nephrolepis cordifolia Boston fern N, C, S +
Nephrolepis exaltata Boston fern N, C, S +
Nolina atopocarpa Florida beargrass N, C, S +
Opuntia humifusa, compressa Prickly pear N, C, S, B +
Opuntia stricta Prickly pear N, C, S, B +
Osmunda cinnemomea Cinnamon fern N, C, S +
Osmunda regalis Royal fern N, C, S +
Panicum amarulum Beach grass N, C, S, B +
Panicum commutatum Panic grass N, C, S, B +
Physalis viscosa Ground cherry N, C, S, B +
Pilobiephis rigida Pennyroyal N, C, S, B +
Portulaca pilosa Pink purslane N, C, S, B +
City of Cape Canaveral
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Page 33 of 38
Incomplete Draft: 3/7/2005
Pteridium aquilinum Bracken fern N, C, S, B +
Rubus trivialis
Southern dewberry N, C, S +
Serenoa repens Saw palmetto N, C, S, B +
Sesuvium portulacastrum Sea purslane C, S, B +
Spartina spp. Spartina/cordgrass N, C, S, B +
Uniola paniculata Sea oats N, C, S, B +
Yucca filamentoua Adams needle N, C, S, B +
Zamia floridana, pumilia, integrifolia,
angustifolia
Coontie/arrowroot N, C, S, B +
(A) Aquatic
Nuphar lutea Spatter -dock N, C, S +
Nymphea odorata White waterlily N, C, S +
Pontederia cordata Pickerelweed N, C, S +
Sagittaria spp. Arrow head N, C, S +
(V) Vine
Caesalpinia bonduc, crista Gray nickerbean B
Canavalia rosea Beach bean S, B
Cissus trifoliata Marine vine N, C, S +
Ipomea pes-caprae Railroad vine C, S, B -
City of Cape Canaveral
Ordinance No. -2005
Page 34 of 38
Incomplete Draft: 3/7/2005
Ipomea spp.
Ipomea stolonifera
Morning glory N, C, S, B +
Beach morning B
glory
Parthenocissus quinquefolia Virginia creeper N, C, S, B +
Vitis aestivalis Summer grape N, C, S +
Vitis rotundifolia Muscadine grape N, C, S, B +
Vitus shuttleworhtii Calusa grape N, C, S +
Note: Those species which are identified as occurring in the barrier island community are found there
naturally. Planting these species may be difficult due to salt burn and they may undergo substantial
shock before becoming acclimated to the barrier island conditions.
NONNATIVE SPECIES
TABLE INSET:
Botanical Name Common Name Community Cold
Tolerance
(ST) Small Tree
Eucalyptus cinera Silver dollar N, C, S +
Lagerstromia indica Crape myrtle N, C, S +
(MT) Medium Tree
Bauhinia purpurea Orchid tree S, B
Callistemon lanceolatus Bottlebrush N, C, S, B +
Callistemon viminalis Bottlebrush N, C, S, B +
City of Cape Canaveral
Ordinance No. -2005
Page 35 of 38
Incomplete Draft: 3/7/2005
Cupaniopsis anacordiodes Carrotwood S., B
Dalbergia sissoo Rosewood C, S
Eriobotrya japonica Loquat N, C, S, B +
Koelreuteria formosana Gold rain tree N, C, S +
Olea europae Olive tree S, B
Parkinsonia aculeata Jerusalem thorn N, C, S, B +
Ulmus pumila, parvifolia Chinese elm N, C, S, B +
(S) Shrub
Podocarpus macrophylla Maki N, C, S +
Podocarpus nagi Nagi N, C, S +
(P) Palm Tree
Arecastrum romanzoffianum Queen palm N, C, S +
Butia capitata Pindo N, C, S, B +
Livistonia chinensis Chinese fan N, C, S +
Phoenix canariensis Canary Island date N, C, S, B +
Phoenix reclinata Senegal date N, C, S +
Trachycarpus fortunei Windmill palm N, C, S +
Washington robusta Washington palm N, C, S, B +
City of Cape Canaveral
Ordinance No. -2005
Page 36 of 38
Incomplete Draft: 3/7/2005
Sec. 102-4553. List of undesirable species.
[List Needs to be Reviewed and Updated]
The planting of any list of undcsirablc spcciub tree and plant listed below is strictly prohibited within
the City of Cape Canaveral. uiidCALth;s diVIJ110 t ahall be as lllLIwa.
TABLE INSET:
Botanical Name Common Name
Shinus terebinthifolius Brazilian pepper
Melaleuca quinquenervia Melaleuca, cajeput tree
Casuarina spp. Australian pine
Eucalyptus spp. Eucalyptus
Enterolobium contortisiliquem Ear tree
Melia azedarach Chinaberry
Cinnamomum camphora Camphor tree
Sapium sebiferum Chinese tallow
Dioscorea bulbifera Air potato/air yam
Rhodomyrtus tomentosa Downy rose myrtle
Sansevieria hyacinthoides African bowstring hemp
Ricinus communis Castor bean plant
City of Cape Canaveral
Ordinance No. -2005
Page 37 of 38
Incomplete Draft: 3/7/2005
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2005.
ATTEST:
SUSAN STILLS, City Clerk
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
ROCKY RANDELS, Mayor
Bob Hoog
Jim Morgan
For Against
Rocky Randels
Buzz Petsos
Steve Miller
City of Cape Canaveral
Ordinance No, _-2005
Page 38 of 38