HomeMy WebLinkAboutOrdinance No. 12-2009ORDINANCE NO. 12 -2009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 102,
VEGETATION, OF THE CITY CODE RELATE] TO LAND
CLEARING; AMENDING DEFINITIONS AND PENALTIES;
PROVIDING FOR ADDITIONAL EXCEPTIONS FROM
PERMITTING; REPEALING REGULATIONS APPLICABLE
TO SMALL SCALE RESIDENTIAL DEVELOPMENTS;
PROVIDING SPECIMEN TREE REMOVAL CRITERIA;
AMENDING MINIMUM TREE REQUIREMENTS;
AMENDING CERTAIN TREE REPLACEMENT
REQUIREMENTS; MAKING CONFORMING
AMENDMENTS; 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 exp ressly p rohibi ted p p y p ohibi by
law; and
WHEREAS, the Florida Constitution, Article II, Section 7, rovides "it shall be the policy
p p Y
of the State to conserve and protect natural resources and scenic beauty;" and
WHEREAS, on 19, 2005, the City Council adopted Ordinance 2005 -05 which served
to improve the City Code and afford more protection for existing rees and require m
g q are enhanced
landscape plans for future developments within the Cit and
WHEREAS, the City Council remains committed to preserving, enhancing creating
g g� g
green area within the City and to preserving existing trees on public and rivate property-, and
p
WHEREAS, the City Council desire to amend certain land clearing provisions as
g p set forth
herein in order to ensure the most effective application of the City's land clearing '
. ty g regulations while
not creating a hardship of its residents and property owners; and
WHEREAS, after careful review of the City's existing and clearing and tree
uI g g e protection
regulations, ations, the planning and zoning board has recommended that the City uncil adopt �' p this
ordinance in order to improve the manner in which the City preserves, rotects and creates a v'
p � cable
tree canopy within the City and to promote a more aesthetically and environmentally pleas
lea i ng
community; and
City of Cape Canaveral
Ordinance No. 12 -2009
Page Iof10
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.
WHEREAS, the City Council of the City of Cape Canaveral, Florida,, y
hereb finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
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, Vegetation, of the Code of Ordinances Cit
of Cape Canaveral, Florida, is hereby amended as follows ( underlined type ind icates addition sand
auirceo 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 b y the asterisks and
set forth in this ordinance shall remain unchanged from the language existing prior to ad
g p option 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 nt meaning. indicates a differe •
Clear trunk means a measurement from the soil line to the mint. in the canovy where the
trunk caliper beeins to taper abruntly On man palms this poin wi lie at the bas of the petiole
of the third or fourth vounizest but fully ex anded leaf.
City of Cape Canaveral
Ordinance No. 12 -2009
Page 2 of 10
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Understory means an underlying layer of low native vegetation usually associated with trees.
Plants in the understogy consist of a mixture of seedlinjas and salffings of canopy and palm trees
together with understory shrubs (i.e. cabbag_e „„palms, palmettos)
Sec. 102 -37. Title; applicability; intent and purpose; - '
exemptions.
(b) Applicability. This division shall be applicable to all land lying in the incorporated
area of the city, • 0404 4-�
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See. 102 -38. Enforcement and penalties.
(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 - 3 U.-5.
Fine of $250.00 per tree or $500.00 per specimen tree removed, not to exceed
$5;699:69; plus $500.00 per quarter (1/4) acre of understory an I IQIQ mme
feet cleared.
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City of Cape Canaveral
Ordinance No. 12 -2009
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(2 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.
(3 5) Failure to abide by the requirements ofotherprovisions ofthis division. Fine
of $250.00 for the first occurrence and $500.00 for repeat occurrences.
Withholding of Certi icate of Occupancy. The building official shall have the right
to refuse to issue a certificate of occupancy or certificate of completion until all violations
of this division have been remedied.
Sec. 102 -40. Permit criteria; exemptions; standards of review.
(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._ Prior to any emergencv removal the property owner shall be required to
document the immediate threat requiring emergency removal with the following:
Photograph(s) of the trees) including any areas that may be
damned, diseased or infested:
Approximate measurements of the tree heiiah` spread and DBH• and
Distance to structures) or other immovable threatened target(s) if
City of Cape Canaveral
Ordinance No. 12 -2009
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fel led.,
(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.
The removal of any plant or tree that is an invasive or undesirable species as
set forth in section 102-53.
X72 The removal of vepetation that has been ordered by the Citv_.
Land clearing and tree removal on parcels containing an existing residential
single - family, dwelling _unit or duplex or triplex that have been issued a certificate of
occu anc .These Darcels shall remain subject to the provisions of sections 102 -41
and 102 -45 of this code.
An parcel subject to a cit y development order authorizing the construction
of a new residential single-family unit, duplex or triplex, or a subdivision
with three 3 or less sin ale-family dwelling units. These parcels shall remain sub' ect
to the provisions of sections 1 2 -41
,- , . _� and 102-45 of this code.
_ Land clearina and tree removal on undeveloped parcels in the R -1 R -2 and
R-3 zoning districts that are less than 10,000 square feet. These parcels shall remain
subject to the ,provisions of sections 102 -41 and 102-45 of this code.
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City of Cape Canaveral
Ordinance No. 12 -2009
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City of Cape Canaveral
Ordinance No. 12 -2009
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Sec. 102 -41. Specimen trees.
�a Specimen trees shall be preserved or relocated on site to the greatest extent feasible.
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. As a condition of removal of any specimen tree, the city council
shall have the right to require that replacement trees be planted or a contribution to the tree
bank be made in accordance with section 102 -43 of this division, except replacement and/or
tree bank contribution shall be based on a maximum of a two -to -one ratio of cumulative
diameter (dbh) basis of specimen trees removed using the data in table 1.
� In reviewin,iz an fi
application for final . permit to remove a specimen tree the city
council shall consider the following:
1 whether the site desi, n,-as determined by pre -land clearinvispe „ction, are
feasible to allow the use ermitted as established by the aipplicable zoning district
re ulations. Streets rights-of-way, easements, utilities lake perimeters and lot lines
shall be shifted whenever possible to preserve trees.
(2) Whether the specimen tree is located within the footprint of the proposed
structure or if more than one -third (1 /3 ) of the specimen tree can would be
required to be removed in order to accommodate the proposed structure and whether
or not it is feasible to relocate the structure.
. Whether the location of the specimen tree pre vents M access to the property
City of Cape Canaveral
Ordinance No. 12 -2009
Page 7 of 10
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Sec. 102 -41. Specimen trees.
�a Specimen trees shall be preserved or relocated on site to the greatest extent feasible.
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. As a condition of removal of any specimen tree, the city council
shall have the right to require that replacement trees be planted or a contribution to the tree
bank be made in accordance with section 102 -43 of this division, except replacement and/or
tree bank contribution shall be based on a maximum of a two -to -one ratio of cumulative
diameter (dbh) basis of specimen trees removed using the data in table 1.
� In reviewin,iz an fi
application for final . permit to remove a specimen tree the city
council shall consider the following:
1 whether the site desi, n,-as determined by pre -land clearinvispe „ction, are
feasible to allow the use ermitted as established by the aipplicable zoning district
re ulations. Streets rights-of-way, easements, utilities lake perimeters and lot lines
shall be shifted whenever possible to preserve trees.
(2) Whether the specimen tree is located within the footprint of the proposed
structure or if more than one -third (1 /3 ) of the specimen tree can would be
required to be removed in order to accommodate the proposed structure and whether
or not it is feasible to relocate the structure.
. Whether the location of the specimen tree pre vents M access to the property
City of Cape Canaveral
Ordinance No. 12 -2009
Page 7 of 10
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Sec. 102 -41. Specimen trees.
�a Specimen trees shall be preserved or relocated on site to the greatest extent feasible.
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. As a condition of removal of any specimen tree, the city council
shall have the right to require that replacement trees be planted or a contribution to the tree
bank be made in accordance with section 102 -43 of this division, except replacement and/or
tree bank contribution shall be based on a maximum of a two -to -one ratio of cumulative
diameter (dbh) basis of specimen trees removed using the data in table 1.
� In reviewin,iz an fi
application for final . permit to remove a specimen tree the city
council shall consider the following:
1 whether the site desi, n,-as determined by pre -land clearinvispe „ction, are
feasible to allow the use ermitted as established by the aipplicable zoning district
re ulations. Streets rights-of-way, easements, utilities lake perimeters and lot lines
shall be shifted whenever possible to preserve trees.
(2) Whether the specimen tree is located within the footprint of the proposed
structure or if more than one -third (1 /3 ) of the specimen tree can would be
required to be removed in order to accommodate the proposed structure and whether
or not it is feasible to relocate the structure.
. Whether the location of the specimen tree pre vents M access to the property
City of Cape Canaveral
Ordinance No. 12 -2009
Page 7 of 10
from a nublicly dedicated and maintained roadway, or whether the tree c onstitutes
a hazard to pedestrian or vehicular traffic that cannot be miti ate ed without removing
the tree.
Whether the location of the specimen tree interferes with or prevents the
construction of utility lines, drainage facilities roadways or required vehicular use
area which cannot be practically relocated or rerouted.
�. Whether the specimen tree is diseased, weakened by age storm fire or other
injury so as to pose a dan e� r to persons provLeM., site improvements or other trees
Sec. 102 -45. 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 as set forth
in this section
(a) Any new single - family, duplex or triplex dwelling unit on a lot of less than 7,500
square feet: not fewer than two trees. Each tree shall be at least feet S' tall with
one and one -half inch 1.5" dbh minimum and a two foot 2' spread. Palm trees shall have
at least six feet G' of clear trunk.
(b) Any new single - family, duplex, and triplex dwelling unit on a lot equal to 7,500
fir,$ square feet or greater: not fewer than two trees plus one additional tree for each 4
square feet or fraction thereof over 7,500 square feet. Each tree shall be at least ei ht
feet 8' tall with one and one -half inch 1.5" dbh minimum and a two foot 2' s read. Palm
trees shall have at least six feet 5' of clear trunk.
(c) Any commercial, industrial, multifamily or other structure requiring site plan
approval under the city land development regulations: no fewer than six trees or four trees
per acre, whichever is greater.
Sec. 102 -49. Remedial action.
(b) Tree replacement remediation requirements. Each tree destroyed or receiving major
damage in violation of this division must be replaced by either a comparable size and
City of Cape Canaveral
Ordinance No. 12 -2009
Page 8 of 10
desirable type of tree as listed within this division or providing a contribution to the tree bank
equal to four times the contribution listed on table 1 or planting four preferred plants listed
within section 102 -54 before issuance of a certificate of occupancy or certificate of
completion. Palm trees mav only be used to satisfv up to twee -five ercent 25% of an
hardwood remediation.
TABLE 1, CITY OF CAPE CANAVERAL TREE REPLACEMENT STANDARDS
DBH of Number of Replacement Number of Replacement
Preferred Contribution to
Protected � Trees Small Trees or Palms
Plant Tree Bank*
Tree minimum dbh each) Required for Each Tree
Required for Each Tree Removed (Palms must
Removed have at least 6 feet of
clear trunk
4" up to 1 or 1
or Preferred or $250.00
but not
Plant(s)
including
wlCredits
8 1t
8 up to 2 or 2
Preferred $500.00
but not
Plant(s)
including
wlCredits
12"
12" up to 3 Not allowed
Preferred $750.00
but not
Plant(s)
including
wlCredits
16"
16 up to 4 Not allowed
Preferred $1
but not
Plant(s)
including
wlCredits
24
X24" To Be Preserved To Be Preserved
To Be To Be Preserved
See § 102 -41 See § 102 -41
Preserved See § 142 -41
See § 102-
41
*These amounts may be adjusted biannually to compensate for increases to costs
of plants as well as to costs of installation
and establishment.
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.
City of Cape Canaveral
Ordinance No. 12 -2009
Page 9 of 10
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 5. 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
January ZQI V
�'
V / Y
ATT gt' F...
AN ESA r � RSO •'Ci1erk
City of Cape Canaveral, Florida, this 5th d of
ROCKY RAND LS, Mayor
Bob Hoog
Buzz Petsos
Rocky Randels
C. Shannon Roberts
Betty Walsh
First Reading: December 15, 2009
Legal Ad published: December 26, 2009
Second Reading: January 5, 2010
Approve to legal form and sufficiency for
the Ci f anaveral only:
ANTHONY A. GARGANESE, City Attorney
For Against
Motion
x
X
X_
Second
City of Cape Canaveral
Ordinance No. 12 -2009
Page 10 of 10