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HomeMy WebLinkAboutOrdinance No. 05-2005ORDINANCE NO. 05-2005 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES, VEGETATIONG PROVIDING FOR LAND CLEARING PERMIT REQUIREMENTS; PROVIDING FOR STANDARDS OF REVIEW; PROVIDING FOR RULES AND REGULATIONS REGARDING THE PRESERVATION AND PROTECTION OF TREES; PROVIDING FOR TREE REPLACEMENT GUIDELINES; PROVIDING A LIMITED EXCEPTION FOR LAND WITH THREE OR FEWER RESIDENTIAL DWELLING UNITS; PROVIDING CONFORMING AMENDMENTS TO CHAPTER I 10, SECTIONS 566 T HROUGH 5686 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONSis INCORPORATION INTO THE CODE ; SEVERABILITYO A 906 %--9 - -0 WHEREAS, the City 1*s 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 beautv 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 W HEREAS, trees aid in energy conservation by cooling the atmosphere, reduce air pollution by removing particles such as dust and po llen, increase oxygen production, slow surface water run off, reduce soil erosion, provide food, nesting and protection for wildlife, e nhance scenic beauty, and provide other environmental benefits; and WHEREAS, in furtherance of the public purpose stated herein the City Council adopted a .0 moratorium on land clearing permits pursuant to Ordinance No. 2005 -09 and assigned to the 'r 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 City of Cape Canaveral Ordinance No. 05-P2005 Page 1 of 40 ordinance in order to improve the manner in which the City preserves, protects, and creates a viable tree canopy within the City cuid 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 1"n 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 Count 7 , 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. Chapter 102 Code Amendment. Chapter 102 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stri�eatrt 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 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: 1 L - - _ _ _ _ City of Cape Canaveral Ordinance No. OS - 2005 Page 2 of 40 / * rig nd o wl 9 Eff JA ff M ir. 1!W=1r1AP10LLW1 8,11 & 'NI ELAML is MxF Building Official. The Building Official of the City of Cape Canaveral and his or her designee. 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 s Desirable Species r lants). Trees and I ants adaptive to the climate and soil of the City of Cape Canaveral and identified in Section 102 -52 of this Division, as may be amended by the City Council by ordinance or rule promulgated pursuant to Section 102-1-51 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 multiq-stemmed tree, measured four and one -half feet above natural or finish grade. Dri P line means an imaginary runniniz, vertical line through the outermost portion of the tree EEI 1. 1 AIM% — A 0: oft A 11ISM A Am x a III ft go'%- 3 9= Aa --Im *11IIII —deffiemm crown extendi'n2 to the Uound.11 P1 zi ai I Ll ILAZ; I I I CUBMI I HLFw_16QUt,0 111%"o 6 1UU11U0 Land clearing means the disturbance or removal of vegetation from any site, parcel or lot using b ackho es. 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 n i grade c so aD LV litaniftaiii v;zI;s in a n%.ILL IV., -conditivEr. Land clearingvermit shall mean a permit issued by the building official under this Division which authorizes land clearing and /or tree removal activities. 0 Mangrove means any specimen of the species Avicennia genninans (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 52. W i ■ WO W1 s r 1 City of Cape Canaveral Ordinance No. OS -2005 Page 3 of 40 Person includes any individual, firm, corporation, oartnershiv, joint venture association principal, trustee, government, or any agent or representative thereof Protected Barrier. A volyizon of 2" X 4" wide stakes spaced a maximum of eight (8) fleet 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 kuiowledgeable person means a person recogniozed 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. Silviculture. A rocess p , following acceptable forest management principles whereby the crops constituting forests are tended. harvested and re produced S , pecimen Tree means a tree hav1*ng caliper of twentv-fiour (24)1'*nches or more in diameter Specimen trees shall not include-undesirable, dead or diseased trees,, or trees that are structurally unsound and cannot recover from prunin2. 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-tfree four inches, or a sum of dbh of three four (4) inches for multi - stemmed trees and an average mature height of at least ten fleet. 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,) ears y from the time of the act mopm. not Ii mited to. b Y c utting, girdlin�, relocating inter fering with the water sul)ply 9PD YinR chemicals "on "left ism nodes"% A rlegEadin2 around the base of the tree trunk. VI -I.L%.W I'taLuual C abvv%, VJL Lj%;.;Ikjw talv.;` 1A U 100L i al pi v %Wop%..f 11 V %W S %JJL CLJLVC= LIJLVW_ UUM P L M%was ujL ub Tree Protection Zone. The area located around the perimeter of the dri]pline of a tree i*n which no activity such as clean* n filling excavatin�z, storaRe materials', parking of vehicles or any other activity that in the opinion of the Building Official may damage the tree. At the discretion of the building official, the tree protection zone maybe reduced for trees located on small lots in order to reasonablv rotect p the tree and facilitate construction on said lot Tree Replacement Credit. The tree replacement credit offered to a P. erson for rep I aciniz trees removed or destroyed in accordance with this Division with plant material. The tree replacement credit shall be established by City Council and set forth in Section 102-w54 Understory means an underlying layer of low native vegetation usually associated with trees. Undesirable species means any of the species identified in section 102-o4-5 53. Mnma� City of Cape Canaveral Ordinance No. OS - 2005 Page 4 of 40 Vegetation means any plant material, including but not limited to trees, shrubs, vines, herbs and grasses. r t:;--�Ututi Viable means having the capacity to live and develop. all 05 11R.111 I I dF Aft Ask A hp 9 Sec. 102 -37. Title,: A Exemption. (a) Title. This Division maybe cited and referred to as the "'Cl* t of v Cape Canaveral Tree Preservation and LandscaDinpr C (b) Applicability. This Division shall be applicable to all land I yin in the incor porated area of the City of Cane Canaveral. except f dwellin units as f] s p ecically set forth subsection (e) below C Intent., The intent of this Division is to encourave the protection of the maximum number of viable trees listed in the desirabilegsaecies list. It is further the intent of this Division to encourage the protection of trees native t Florida and to encourage groper removal exotic nest trees. To this end it shall be unlawful to cut down damage ip Doi or in any other manner destrov or cause to be destroyed any tree or other ve2 as covered bV the ]provisions of this Division exce in accordance with the provisions set forth herein. Notwithstanding in the caseof emergencies involving natural disaster such as but not limited tofl ood freeze or other natural disasters the reQuirements of this Division may be temporarily waived b Y the City Council bv resolution. � Purpose. The purpose of this Division is to establish reg ulations for trees within t C he ity in order to maintain and protect the City forest to better control problems of floodiniz I soil conservation air pollution and noise and to make the City a healthier., more City of Cape Canaveral Ordinance No. OS -2005 Page 5 of 40 I 11'cabilitr Intent and Purposelo Limited Residential Dwelli'n Sec. 102 -37. Title,: A Exemption. (a) Title. This Division maybe cited and referred to as the "'Cl* t of v Cape Canaveral Tree Preservation and LandscaDinpr C (b) Applicability. This Division shall be applicable to all land I yin in the incor porated area of the City of Cane Canaveral. except f dwellin units as f] s p ecically set forth subsection (e) below C Intent., The intent of this Division is to encourave the protection of the maximum number of viable trees listed in the desirabilegsaecies list. It is further the intent of this Division to encourage the protection of trees native t Florida and to encourage groper removal exotic nest trees. To this end it shall be unlawful to cut down damage ip Doi or in any other manner destrov or cause to be destroyed any tree or other ve2 as covered bV the ]provisions of this Division exce in accordance with the provisions set forth herein. Notwithstanding in the caseof emergencies involving natural disaster such as but not limited tofl ood freeze or other natural disasters the reQuirements of this Division may be temporarily waived b Y the City Council bv resolution. � Purpose. The purpose of this Division is to establish reg ulations for trees within t C he ity in order to maintain and protect the City forest to better control problems of floodiniz I soil conservation air pollution and noise and to make the City a healthier., more City of Cape Canaveral Ordinance No. OS -2005 Page 5 of 40 I 11'cabilitr Intent and Purposelo Limited Residential Dwelli'n attractive and safer place in which to live e) T17ree o7o Less Residential Dwe 11in re ermit for any land on which ir ere contains or wi contain three (3) or less residential dwelling units re gardless o'''I the rea set firth in Section 102 -40 However, such permit shall not authorize the removal of anv specimen tree I SDecimen ma only be removed pursuant to the U n it Exe in. n ti 1 Tinnn tP!'P7 rit rt f n rr%rrzr. 1 e+"A application. the building official shall issue a land cleann uirements set forth in Section 102�41. Land that contains or will contain three (1) or less residential dwelling units shall be exempt from the tree re placement guidelines set forth in — -- Section 102 -43. Mo,� Sec. 102 -38. Enforcement and P enalties. a,2 Enforcement. The Cit means includin Code Enforcement Bo ard or s Vl.1Vl1. 1116 Vll A Decial master, and seekinja iniunctive and equitable relief For pumoses 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 Di vision for each tree removed without a ermit, M-MMMMMM-dh'�.. - - L121 Penalties. In addition to all other remedies set forth in this Division,, one or more of the followine civil fines shall qp-DI) to violations of this Divisions tree or ]Failure to obtain a 500.00 IF ermit required b er specimen tree removed not to exceed' per 100 square feet cleared f2) Removal of a tree without a to exceed S5 per tree ermit Fine (3) Removal of a specimen tree without a inch,not to exceed %5-000.00 ner tree r � Failure to abide b WEIIIIIIII 250.00 for t he first da Section 102 -39: Fine of X250.00 per lus 250.00 er diameter inch, not ermit,, F ine of $15 0 00 per di ameter a cease and desist order issued under this Division. Fine and $500.00 er day for each d ay therea (5) Failure to -bide bv the requirements of other provisions of t hl*s Division: Fine o f $250.00 for the first occurrence and _500.00 for repeat occu ennp.q (c). Cease a nd D esist Orders _ The b uildine o fficial shall have the n ght to issue cease and desist orders 0 u pn persons m violation aIl this Division for a maximum of five (5 working d ays. Upon review of the viol ation by the Ci Mana the Ci*tv ma y extend the cease and desist work order until the Volat i ion is brought in compliance and all resulti*ng City of Cape Canaveral Ordinance No. OS -2005 Page 6 of 40 may enforce the rovisions of this Division by an v lawful but not limited to ., issuinaacnl citnetior hr1rcrlirplernilla-r U K I Ij fines incurred as a result of the violation have been aid. The Ci"' Cr tv M anaer's decision ma be appealed to the Cit Council pursuant to Section 102 48 Sec. 102 -39. Permits. �a,Z Perm er within the Cl* izaQe in tree removal or enc!a inland clearin without ob tainin sz a lan d clearing nermit re wired 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�z% the contra ctor shall be res ponsible for o btaining the permit required by this Division P to the tree removal or l and clearing. appropriate flee and the followlil (v Application Required. An annlication for tree removal and land clearing shall be =RUM filed on an official form provided b1v the building official The applicant shall be reciuired to ay p a fee as may be established by the resolution of the city council except that no fee s hall 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 peo or removed for a p ublic Dro s ponsored and paid for b the Ci If the applicant is n ot the p ropert own o er then the applicant s hall attach the written permission ofthe property owner to the a pplication All completed applications shall be returned to the build official. al ong with the IT MWA 5 L 11v 11111+0.11V1i 4 Nook "Me as i9d 6 1 9 P,UrSUajLJ. L LU UIC; 1= 7 � V 11 a-fm I V I ti (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 P p roerty owner. (4) Date upon which land clearing is to c .(5) Valid reasons for the removal of tree -40 (�6) A tree inventory for the scaled drawing of a scale of one ortion of site to be developed consisting of a 1 inch eauals f feet or less ca in 3 A Property boundaries City of Cape Canaveral Ordinance No. OS -2005 Page 7 of 40 rd- 15 RM ■ a minimum i nformat i on . 11 1160 L Z %waii., F.V*43 " a as Asa dft A- 4P Is Wd (B) The location of all trees including the tree's common or scientific name, and the diameter of each tree official or a ppropriate review hOarci ma 1 cation. permit an applicant to omit certain portions of the tree invento with the requirements set forth herein would unnecessarily (C) An indication of all trees roposed for removal and proposed to be retained. (P - .1 buildin The location of eexisting and DrODOsed improvements if any including ,s, s impervious surfaces (e.2r-pool decks, drives parkin stormwater retention and detention areas., utilities and other curb i Proposed improvements shall be depicted as an overla on existing trees so as to clearly indicate which trees must be removed in order areams to accommodate the construction of the improvements Upon request b-v the V plicant the buildin, exempted portions are not needed for the cit Ian in accordance with Dix i sion indirntin c for the tree(s) to be removed includin replacement trees. 1(7) A replacement If grade cha are 01 be provided. In addition the means for the species and sire of a„ proposed Dn the Ste ieradin a written statement shall he plan drawn to scale shall rovided bv a landscape architect or other co mpetent professional indicati'nR the probability of whether the grade change will result in death of trees intended to be Dreserved Said statement shall immediately be broughtto the attention of the building official at the time the application is iled and prominently attached to the front of the application. (9). A t protecion plan de sc ribin site and adjacent how preserved trees shall be pres erved on the roi)erties during construction. tree removal, and 2radi*na (C) Time for Application. Applications for land clearing permits shall b e made prior to tree removal 0 rl an d clearing exc t that if the tree removal or land cleariniz is part of a proposed develg t�ment vroiect that requires site plan or subdivision approval the ap plication shall be submitted at the time the site elan or subdivision application is submitted so that due consideration may be given to the protection of trees durin the site plan or subdivision rocess. Each a lication q f or tree removal l be subject to review under the site subdivision ,process. (d) the buildin lap and roved Site Plans, Permits e and DevelopmentA� issued b :official under this Division shall be required to be consi stmt_ and r,nr i n rnnfl; rr with any D l ans,,, _ Dermits , or development a ai)vrODnate board. All permits or reem ent a y where compliance burdensome and the to evaluate the a roved bV the city council or other ortions thereof issued bv the building official in conflict City of Cape Canaveral Ordinance No. OS - 2005 Page 8 of 40 with my such a 3roval shall be deemed null and void and the a or appropriate board shall remain in full force and effect royal of the city council (ee) SU7 perndt. A s urvey'pe rmitl rc �tirc� may be issued b the building official for 11 the limited purpose of allowing land clearing and tree removal for surveys and soil or engineering testing according to the following;: (1) MY Tree removal and land clearing for surveyin shall be subject to the land clearing and tree removal requirements of this Division. The land clearing area for surveving shall not be greater than five feet in width or llllllllllllllll` Oftngineering testing shall not be greater than eight feet in width with a reasonable turnaround for soil and epZineerma testing; tThe owner of the property proposed to be cleared or his authorized a gent shall submit an a s application 17 11 C.1%.0at -L a%.ou the b uilding official, on such form as provided by the city. The survey permit shall e xpire 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 o fproperty 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 a ffected 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 a ctivity. It is the responsibility 0�1111 the applicant to maintain the survey permit form in a clearly visible manner at all times. 5 identif The Permit Contents. The land clearing or survey permit when issued shall s i whichland areas may be cleared and which trees shall be iermitted to be removed. permit merel _ authorizes the removal of the trees specified therein N n Dlivision construed to require the"removal of such trees by the Pe ittee 11k (fig) Duration Land al P If IF im. clearing permit . Aland clearing permit shall M C ity of Cape Canaveral Ordinance No. 05.m&2005 r in this Page 9 of 40 - - - royal of the city council (ee) SU7 perndt. A s urvey'pe rmitl rc �tirc� may be issued b the building official for 11 the limited purpose of allowing land clearing and tree removal for surveys and soil or engineering testing according to the following;: (1) MY Tree removal and land clearing for surveyin shall be subject to the land clearing and tree removal requirements of this Division. The land clearing area for surveving shall not be greater than five feet in width or llllllllllllllll` Oftngineering testing shall not be greater than eight feet in width with a reasonable turnaround for soil and epZineerma testing; tThe owner of the property proposed to be cleared or his authorized a gent shall submit an a s application 17 11 C.1%.0at -L a%.ou the b uilding official, on such form as provided by the city. The survey permit shall e xpire 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 o fproperty 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 a ffected 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 a ctivity. It is the responsibility 0�1111 the applicant to maintain the survey permit form in a clearly visible manner at all times. 5 identif The Permit Contents. The land clearing or survey permit when issued shall s i whichland areas may be cleared and which trees shall be iermitted to be removed. permit merel _ authorizes the removal of the trees specified therein N n Dlivision construed to require the"removal of such trees by the Pe ittee 11k (fig) Duration Land al P If IF im. clearing permit . Aland clearing permit shall M C ity of Cape Canaveral Ordinance No. 05.m&2005 r in this Page 9 of 40 J p M poll A moo "On" .04& -I Siva U1 UJL IJLIUI%w LUaLl vii%;� ate.L%.e. AM PM Vf U1%WW %WOA1bL1JLJL- V F kw ; S ' U LCL U ki I I I,V %we T %-Olil IL;;u 11%j1 I tjL1U -1C7A%oo1UUJL1T ti12Ut'StTa U I CS�'1CC7C� expire 90 days from the date of issuance for s an d 180 days for subdivisions, multi - family, co mmercial 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 dun*ng the life of the pe rmit may not be removed without the issuance of a new permit based upon a new application (h) , Posting of Land Clearing Permit, en Wh 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 Citv. It is the responsibility of the applicant to maintain the land clearing permit in a clearly visible manner at all times., R on I _ T do N _ * U 0 ._� � ■ I I t E ' # J-1 0.11LU5 a aL;n i" Imp City of Cape Canaveral Ordinance No. OS -2005 Page 10 of 40 $moo rrf L-714%�-AZqr IIIIM Up ML T" lot ■ dp ■ - IBM ■ . *QLWs *.ILVJ. v MILWmWelovelt" I %I i W ,' # * Sec. 102 -40. Permit Criteria• Exemptions• Standards of Review (a) Permitted Criteria. Upon receipt of a completed application and verification b the _ building official, the building official may after gpD1viri2 the standards of review set forth VEEEEEEEEEMENW� in Section 102 -40 (c), issue a land clearinR permit under any one of the f o 11 o w i n g conditions: ti) For buildiniz and construction sites as shown on Cites- approved site provided trees and landscaping are installed on the propert in accordance with Section 102 -43 of this Division. (2). The trunk of the tree is located than five (5) feet to the foundation of an existing or proposed structure. and ivt is not feasible to relocate the s provided trees and landscaping are it on the DroDert i accordance with Section 102-w43 of this Division. (3 The trunk of the tree i'*s located closer than ten (10) feet from the is f oundaton of an existing or proposed structure and the is considered havin an aizuessive -- root system or the natural mature height is greater than 30 feet and it is not feasible to relocate the structure. oidd prve trees and landscaping are installed on the ropertv in accordance with Section 102 -43 of this Division. City of Cape Canaveral Ordinance No. OS - 2005 Page I I of 40 (4)� Trees severely diseased, severely injured or dead (5)m Trees that interfere with the construction or repair o f infrastructure and facilities. (6) Undesirable Trees, per Section 102 -53 of this Division Trees that have been WDroved for removal b the BUIdin Official and which 1(7) shall be replaced elsewhere on the DroDertiv. -P Perm lot Exceptions. The following tree removal activ'Rts'es are exempt from the permit requirements of this Division Trees removed bivy the C itLor other governmental agenc and which interfere Moli with the safety of the motorionvz public or disnipt public utilities such as espo wer lines drainage systems and other public utiliti (2) All trees and plants within a licensed tree n planted for harvest provided said trees and t p lans are planted and owing on the premises of the licensee and are for sale or intended for sale in their ordinary course of business (3)m The emer�enclv removal of a dead or s eriously dama tree,, to m imminent threat to the health safety and welfare of the property owner or the general P ublic. . X4,2 Land clearing and tree removal activities authorized andpreemvted by state or federal law. Ah. 5) Trees planted sipecificalli for sil vicultural U]M es provided the owner can provide documentation to the City evidencin2 that: (i ) the roDerty 1*s requested as a silvicultural site with the Division of Forestrvo and (ii) trees of typical 4k harve stab I e size and type exist on the property WhI*ch are C?Pable o f b eing harvested for income and that t 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 f.Y.Uldelines dk Necessity to remove trees which pose a clear and obvious safety hazard to p edestrian or vehicu traffic or threater to cause di*Lr,,,,t;�„ t� ,,,,ht;� �Pn,;�P� Si ,.,- -- ificant obstacle to access in bul* Idin Necessi and uti"lizi to remove trees which ublic easements and rights - of way. ose a clear and obvious safet azard to s and other i'mDrovem on a lot or City of Cape Canaveral Ordinance No. OS -2005 arcel of land. Ordinary small cracks Page 12 of 40 or uplifts in caused b avement, sidewalks, and non- occunieci ctnirtiirPC flint arP + settling and small roots shall not be considered a sa fet f3� Necessi* other iniL haza to or trees with severe structural defects that �Y aeo, 5w1111 lire or O�eaclear and obvious safety eople, buildings or other imDrovements on lit n,- „a, -pPl .,fia,,,� (4) The extent to which tree removal is likely to result in damage to the ro�ertv Mob MMMM--M ------ M--� of other owners, P ublic or t�nvate including dama to lakes ponds streams or nvers through runoff or erosion ( 5 ) Any proposed landscaping includinfz plans w b�the_ aDD or will plant trees to replace those that are roi)osed p to be cleared (6)MM& TOjROizraDhv of the land and the effect of tree removal on erosion soi l retention and the diversion or increased fl ow o f surface water. r Good for estr ractices, such as the number of healthy trees that a parcel of land will re asonably trees. rim] icall hazard. to remove diosenRP.d trimpic nr rrPPo .,iAnvo„oa U...,,�,. iven the pro support and ven techniques that sustnin health to remove trees in order to construct a rovements to allow reasonable economic eniovment of the, roved an rot)ert permitted including: a Need for access around the proposed structure for construction equipment (maximum often (10) feet). b .0 Need for access to the building site for construction eguiDment Necessi't Co Essential grade chance d s, Need for locating street or road ri is -of -way utilities draina as well as the need to provide reasonable use and property access e ways (9), The extent of any damaize or demonstrated hardship which would result to the WDIicant from a denial of the requested t)ennit ( 10 ) The species and size of the trees pro for removal ft� L Ul The followin2 factors shall also be considered a.. Trees forming the current canopv b-M Preservation of the next generation of Trees City of Cape Canaveral Ordinance No. OS -2005 Page 13 of 40 licant has planted See- Specimen Trees Notwithstanding anv other provision of this Division, specimen trees shall not be removed except for extraordinary circumstances and hardships and only by final permit proved b y 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,, exceDt 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 i Table 1 a A "t t a `janiiiy IV ,M !l Il4 ap A 49 Mbb `'T A — * —� -, wpm _ f M IJI 4404. AW ffid Fill FLOW 4 1019AFMA 8 1 AL " V - _tM w4s& I%W.WIL# .WA • j W4+ City of Cape Canaveral Ordinance No. OS -2005 Page 14 of 40 5 7 - - _ # *� L jou r AOR L- L !I L 91 W Vqk M 1tD . RIP RN • a m R � 5 5 v A7A KIM @111VE4 I LwK'v INN U11 I NtWM 811H KvA 11616 h`6 81"a MLTA I R&2A4100 MAN A= MM M asm s 5 City of Cape Canaveral Ordinance No. 05-m2005 Page 15 of 40 - - - - - VIEWWWWWWORN MW - - - - I s 5 �qw 4% 4.Aw 9mr�WIL or a � # ALA JL TW Vae V T SA * / A 1 of A, .9 am 40 41 * 19 - - _ a Md #� a IM IV rk 1961 u am I" Vd- I WL S i III Maw 3 6 5 City of Cape Canaveral Ordinance No. OS -2005 Page 16 of 40 Sec. 102-42. Special Waiver Provision In fuftherance of tree protection and preservation and the related U blic purposes stated in Section 102 -37 o this Divisi*on erson anv p or entity may request a limited waiver from any provision of the Ciwtv s land development or zoning code upon submitting a written application p rovided by the C After review and recommendation bv the pianning and zoning board., the City Council may Qrant the waiver under the following conditions (a). The waiver maybe zranted dunng e th site plan review process Such waiver shall be at the City Council's sole discretion on a case -by case basis LbI The waiver must directly result in the preservation of a hardwood tree (e oaks and/or the im]21ementation of an extraordinary landscape plan that goes well beyond the minimum requirements ofthe City Code includin but not limited to., pl anting additional and lamer plant materials and trees p lanti"n Dremi"um Avft d orati ve hard s c aD e fe atu e s into the la n d.czr a Tree Replacement Guidelines walls, treliesis,, 11ahtinZ,etc.) and lantin p j2 ublic . proz)ertv, ade DlantS and tree,5 inrnmni nti na ci e design (e. remium A-i .fountains, decorative fences and ade plant materials and trees on (C) The waiver is compatible with the surrounding area and the 4 P m nimum waiver required to serve the public purpose stated herein (d) No waiver shall be granted which the list of permitted conditional s pecial exception, or prohibited uses or height restrictions set forth in any zoninR district cateRorv, fsel The waiver must be consistent with t he City's Comprehensive Plan The waiver is not adverse to the public health. safety and welfare .� Any waiver granted under this section shall automatically expire and declared null and void if the under lvinLy development order for the project exDires Sec. 102 -43. Tree Replacement. All trees that are removed or destro Division shall be re ermit. 0 ed and sub 1 ect to replacement hv th i laced bv a desirable trees or such other trees, mmnerlv am Replacement shall nrrnr approval is vendin earlier, unless a EMOMMEft rovided forgood cause b (bj Criteria for replacement trees is as follows e it* Characteristics ofRez?lacement Trees. The replacement tree(s) shall have at least C ity of Cape Canaveral Ordinance N OS -2005 Page 17 of 40 roved bv nor io the issuance ot a certificate of occupancy (if gLor wit hi n thirtv 0) (3 y eater replacement nerinri ;c s o f removal or destructi on - wh;rhPVP,- riarP i c etc U shade potential. screenir g nrnnPrr;P� anr1/nr nthr�,- �1, rep roll roe to that of the tree(s) re replacement standards set forth in Table 1 or as otherwise a Council and applicant. ' t,vlll 2lLdU1G uested to be removed. Size efReplacernent Trees. Replacement tree(s) are to be made according to the tree eed upon bV the Cit Tree S Relocated or replacement trees shall include onl defined as desi*rable S under this Division acceptable to the Cit ttorney as a condition of site plan or other III in order to ensure compliance with this subsection Transplantinz and Maintenance Requirements All trees trans planted pUrsuant to thisDivision shall be maintained in a health living condition. Any such trees which die shall be replaced and n m aitained by the D.A.Lroverty owner. After acceptance of the trees and landscapi"niy.., bv the City the City shall retain jurisdiction for two (2) vear to ensure compliance with this Division. For new development projects which require at least ten-(l 0) new trees- the CLty require a performance bond in a form Waiv ers o trees ma remainin have the a IS species and sizes erm approval )ecifications. The number of re replacement 0 Council, if the CitV Council determines the preserved on site are of sufficient number and qualitv to substantially com with the purpose and intent of this Division and a tree k'PI re placement fee 1*S paid to the City's "Tree Bank "which is hereby established Monies collected in the Tree Bank shall be used for enhancement main'tenance of trees on public lands. The contribution to the Tree Bank may be waived b y the City Council for individual homeowners on a case -bv -case basis if homeowner can demonstrate that the payment of the fee will cause the homeowner an undue economic hardship. Substitute tree(s) allowed under thi.q waivar nrnvicinn ,,,,,mot The value to be paid into the tree bank shall coincil"setfnrthinTnhIP • anri hacari ,,,,.,,, Council,, wholesale market value of the trees beipj re laced plus installation and maintenance costs to establish the tree. Replacement Tree(s) Si be waived bV the Cites number of trees to be iroval of the Citi be: established by resolution of the cit L6 R eplacement Guidelines The followin tree replacement guidelines shall anDiv: (A,) All Plant material shall be Florida Grades and Standard One (1) or better (B)i 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 IN Annv Corp o f Engineers I, or as depicted on the map of existing wetlands in the City Cape Canaveral Comprehensive Plan dedicated to the City as part of a development project three (31 replacement tree credits maybe applied to the total number of trees required City of Cape Canaveral Ordinance No. 05-m-2005 Page 18 of 40 to be replaced by is th Division. However minimum tree requirement set forth 1 Section 102.w45 shall still apply Such public conservation area must be at least one -third (1/31 acre with widths not less than 75 feet unless otherwise approved bNv the City Council In addition trees approved bv the =2. building official to reforest such conservation area shall also b e applied to the replacement requirement on a one-wfor-one basis (C) If the City Council determines due to site conditions or confliQ it is impossible or impracticable for the applicant /developer to meet the requirements for tree revlacement, this subsection the City Council may allow the avnlicant /developer to Day into the Citiv S "Tree Bank"' the amount it would have spent on replacement trees Mft_mw� .� Tree replacement credit shall be allowed for the installation ofDr ed trees in accordance with the provisions set forth in Table 1 and Section 102-54 In d adition, for new development tree replacement credit shall be allowed for the reservation of existing desirable trees on the development site excluding wetland and existing conservation areas as follows Reduction in DBH of Preserved Tree Replacement Trees 4" uT) to but not including 9 1 credit 9" up to but not including l2" 2 credits 12" UD to but not including 16 3 credits 16 u to but not including,24" 4 credits Specimen and Historic Trees 0 credit Notwithstanding the application of tree replacement credits the minimum number of trees to be planted under Section 102a..45 shall unless the City Council approves an in lieu of tree bank contribution rim] Trees shall not be planted under vowerlines Diversity of s ecies shall be required for replacement trees and the number of each sp ecies shall be a roved bv the To the extent feasible, the Citv should endeavor to require no more than twentv"Wfive percent (25%) of the replacement trees from a single s (C) Replacement Cost. The Drtv t�roe owner shall be responsible for the cost ofreplacin� the trees City of Cape Canaveral Ordinance No. OS -2005 Page 19 of 40 removed from their proT)ertY L441 Elimination of Undesirable Trees and Shrubs The natural v egetative communities existing within the City shall be Drotected by the control and elimination of invasive nonnative species. To that end. the flollowi*nc shall a Planting of Trees and shrubs on the undesirable species list is prohibited 2). Removal of Trees and Shrubs on the undesirable list in Section 102-53. from % commercial, office industrial or multi fam(excludin2 ily sites iurisdictional wetlands), shall be completed whenever practicable as a requirement for app roval of any development permit issued bv the City or the issuance of a certificate of occupancy if applicable. Control and elimination procedures shall in no way promote the proliferation of the species through the dispersal of seed or othery etati*vel v rCDroducing p (4) Control and elimination procedures shall in no way. or cause the decline of preserved or planted trees and landscaping Sec. _ 1 _ 02-44- Prohibitions. fa,) Placement of Materials. Machinery or J em Soil Deposits It s hall be Unlawful to place material, machinery or temporary soil d eposits within the tree protection zone before or during construction. Before or during construction the builder shall erect and maintain s protective barriers around all trees to be preserved, Upon written reauest the building official, on a case by case basis may allow material or tem�orary soil deposits to be stored the protective barrier j,f no other storage is available f!21 Climbing Spurs. It shall be unlawful to use climbing spurs or other similar device to aid in the climbing of a live tree such device causes the puncture or tears the bark of the tree. EM (c) Tree Spiking. It shall be unlawful to introduce any type of poison or reactive material to a tree for the pumose of causcausing it t o die or become diseased (d) Structure and Pavement Location. It shall be unlawful to place anivpermanent structure or impervious PaV1M sidewalks) within eight (8') f oot radius of any tree trunk or stem having a diameter of four (4 ") inches or more at caliper.. (el City Trees. It shall be unlawful to t rim prune or remove any tree which is within the City's rights -of -way or upon any other C ity property without the j2ermi'ssioon the City evidenced bv the appropriate permit. City of Cape Canaveral Ordinance No. 05-m2005 Page 20 of 40 �f Attachments. It shall be unlawful to attach an Encroachment oftl2e Drii9line. e th construction stake of development the de veloper or oroperty owner shall not cause oraiiiDw land clearin the use of hea ve eauip en material within the dnDli t or ne of any tree or groups of trees to be retained Neither shall the developer cause or allow the di of waste material such as paint, oil. solvents_ a�„hatt concrete., mortar or an Cr Cutand... i ll Guidelines. It shall be unlawful to remove or add anvmaterial or ound within the tree 1:) rotection zone unless otherwise Denniffed bV the building o fficial. rMl hin g tn a tree or stem including nails or spikes, having a diameter of four (4 ") inches or more at cali other than protective wires braces or other similar noniniun ous materials tree or other material harmful to the iife of a tree within the A ri line of an` oups of trees, or where planting beds are to hp. P,;t„arP� ____ _.P__ (i) Shea rion Pollardin Hat Racking Topping or Poodle Trimming o Trees (Lollipops Lions tailing of Trees. Trees intended for e purposes shall be allowed to reach their mature canopy spread. It shall be unlawful to enRa2 i excessive prunin2 technLques on trees intended for shade 11111 p urposes. Excessive hearing vrumin or shaping shall only b e allowed with a D ermit b v demon,4 necPC�;tv n,- .x,;r�,.,,,+ � ro,- �.,;.:r only. The followin om branches fr the interior portion of the cano of the canopy. on shade Trees: ___MMM_qFF9 ------ - - - - -- -- ___.,.,.. .,....�...,,.� a .,������ ��� «���w ui ccner ens are deemed unlawful excessive i)runin2techniques which are, v ohibited a), Lions tailing: the 0 m roper r(97 practice of rem ovin Tonvi improper �iu„u 11 Q JlGlil iIlUIC ft__M� t han two years old; a nrunine practice that destroy tree architecture and serves to kE nl tiate discoloration and perhaps decay in the cut stem C Pollarainz,* e thprunin annually or biannually � t echni that removes S prouts back to the same location maintaining a tree to a spec heiRht. r� Shearing: a nrunin echnique which is typically accomplished wit cuts made through wood less than a year old'at the sides of the cano canoDies, Poodle trimming• combines s earin that look l "lollivol), " Construction near most secondary and tertiar leavin2 most live foliage at edge h a tra Ckill"I'l 9 , stagy lieadinz,de- horning loping and rounding o the practice o freducine tree c ire hN rnnkir or P!3i I n f +Mk -1M rVu ,. ,......._ .____ to create uniform dense MMMMMMMM� and removing lowe limbs to create tree fn,,, -,.q Adjacent Property Walls, structures and pavement shall not be MOMMEEMEEMMOft Mhhqft� - constructed in_anv wav wnicn wiii result in damage to roots within the tree of trees located on a O acent ro e C ity of Cape Canaveral Ordinance No. OS -2005 Page 21 of 40 rnf om t Z% Sec. 102 -45. Minillmum 9 T ree Requirement No certificate of occupancy shall be issued on the es typ of construction1nd cated below unless the uncieriving parcel has at least the require minimum number of q a) Any sin gl -famil duplex or triplex dwe I I i n o r greater: not fewer than two (2) trees Develo Lb) Any new sin2le- family duplex and triplex dwellin unit on a lot e to 6 000 S a uare feet ORION not fewer than. two (2) trees ulus one (1) additional tree for each 4 000 square feet or fraction thereof over 6 000 square feet �c AnVC0 m mercial, industrial m ulti - family or other structure re. 1EEFuiring site plan approval under the Crtv land development remlations• no fewer than six (6) trees fo or ur (4) trees per acre MINES-- whichever is Rreater Sec,, 102 -46. Tree Protection Durio'n proved trees: EM� unit on a lot of less than 61,0 square feet inept and Construction; Periodic InsnectiOn. (al Restrictions Durin construction of an aint or maso "EM vAad unless the e ry J1lJ w1L11111 111G OMEN--PP - ermit is required but has n ot been obtained. finis provision includes soil this placed in the �ri„l;,,P �. annie of any tree for whi m ch a tree removal - - - v11�1 1V1 LG Ul UJC de is changed according to the guidelines described in the Publication OMENS roducts. Services r(1 Owner. It shall be the responsibility of a propert 0 - - moommom� ✓ tree shown on the tree inve forwhich a tree - , ��u��u. c urcu �,unsumeY ree Protection Manual for Buildings and Developers. Burden of Tree Protection on Property owner and their a ents to ensure that an survival of retained trees and replacement trees fir two removal vermrt has nt been obtained is to be protected. The 0j r opert y owner shall guara ears from the date that the Citv y uil� a UG11V1iI1Qll:C C DOI1Q as a condiion in order to compliance with this subsection ONE in a form accepta to the City AttornP accents the trees and landscanin� unless a Qreater time period is required b development NOMEMEft� agreement. If a retained or replacement tree dies during that time period the property owner shall replace the tree m accordance with a remedial action ap IN ovd under Section 102 43 of this Division. For new development nrnie�t� t}tP r'ity m ermit approval Protective Barri ui ers and Si na e Re red. Protective Barriers shall be installed rior to EME construction around every tree or rou of trees to be t�reserved. Waternnf ,;Q; "Protection Zone Area" signs as shown on not smaller than two feet (2'1 by incrementaloes the protective barriers endix A: Tree Protection Area Signage and be posted at one hundred foot (100') City of Cape Canaveral Ordinance oage 22 of 40 Construction. It shall be unlawful for any Person durine the y structures or other improvements to place solvents petroleum materials Co1lStitilCtioll m3C11in or tern r c)rin rV cn;l f­lP,,., ;r ; +1 IEL„ lap or other Site Inspections. The buildin2 official may conduct periodic inspections of the site It is the responsibility of the property owner and their ag ents to ensure that all r)rovisions of this Division are met. (e) Adiacent Proigerties. The property owner and their a gents shall e nsure that the tree protection zones o f trees located on a en t properties are protected in the same manner that trees located on the development site are protected Sec. 1 Voluntary Tree Plantin mmmmmmmmmmmm�- — — Thi.q Divvqinn cllall not lac -. .. any tree within the Cites D ivision govern onl the Division. Trees or Dlantc the City at any time See. 10 -48. i�c �u to re TIICT reQuiate or limit the voluntary pi anting of except undesirable species which a The provisions of this 12 I antm� of trees which are required to be planted or retained under this planted in the Citv's bZhts.0f.w a are subject to removal or trimmine by Wai"verse 0 I ncentive Program• Admini strative Interpretation A obb� amw P02am rr . eals; a Waivers o fDivision Reguirements The Cit Council m a waiver to provisions of this Division where the applicant demonstrates that the literal intemretation of the Division W1 ll d env the anphcant reasonable use of the 12 ro ertv where such waiver can be demonstrated to be consistent with pu ose and intent of the ordinance. Lb,2 AdministratjivEeLjlLnterpretation Anneals. Any Person adverse l affected by an administrative in terpretation of this Division by t he buildin official may first appeal that inte rpretation to the Citv Manager by filmy a wntten nDtice of ap peal of said interpretation within ten (10 calendar days of said mtemretation The City Mana�er shall decide said peal within five 5 )b . usiness days Any Person adversel affected b V an administrative decision of the Citv Manager under this Division may anneal that interpretation to the Ct b f1iing a wntten notice of appeal of said interoretation within thirty (30) calendar days of said interpretation. Failure to file an anneal within the time periods reoui"red by this subsection shall result in the administrative ante retation to be declared final. The, Cit Council shall decide said appeal w i thin thirty (301 days of the City's recei of said notice of a ppeal and the i v Council's decision shall be final 9 xce for the mandator time periods re auired for the notice of appeal, the ti s required for decision may be extended bV mutual agreement between the Citv and t he person filing the notice of appeal.'The a eal procedure under this subsection shall be the exclusive method fora ealinizan administrative interpretation decision made under this Division Incentive Prozrarn. Ci ouncil reserves the ri to offer and approve incentives for Umosesofnrotectina and nreservina mature trees and planting enhanced landscapin Such incentives shall h ave a ublic benefit and ma include but are not limited to waivin revisions of the City's land development and zoning code in accordance wi Section 102- City of Cape Canaveral Ordinance No. OS -2005 Page 23 of 40 to Citv development fees Anv 42 of this Division and Drovidin2 credits incentives granted under this subsection shall be consistent with the Coml2rehensive Plan and shall be b MEMEMEMEMEh" development agreement or other formal approval bv the City Counc* 1 _ Sec. 102e=49, Remedial Action. Violations Require Remedial A ction Where tree removal or land c learing vi olations of this p Is so Division have occurred. remedial action shall be taken to restore the Drolpert co ......W nsistent with a restoratloon lam p approved by the building official or t he Cit Council if the violation i EMEMMM inconsist with r l a s_ r erm,tc nr AOTPPman *e ,,,,,,- ,,.,�a IV W, restoration _ _"'_' iavlaW R ivvcu u lap shall require mitigation of any other dama e to the replacements. The restoration plan shall be in addition to any civil C rtv under Section 102e..38 of this Division Loqpert )enalti k..,ouncii, i'r e as well as tree imp osed b v the (b) Tree Replacement Remediation Reauirements Each tree destro or receivin 7 damage in v iolation of this Division must be replaced b either a MD co arable size and desirable t f tree as listed within this Division or providing a contribution to the Tree Bank equal to our times the con tribution listed on Table 1 or lantin four (4) Preferred Plants listed within Section 102 -54 before issuance of a certi ficate of occupancy or certificate of com �c Property Owner to Guarantee Survival of R e placed Tr ees The propert own er shall guarantee the survival of the Trees reouired to be placed under Subsection (b) ibove for a enod of two (2) years from the date the Cit acce the trees and landsca in unless a �IMW greater time ne nod is re quired by development a greement If t he revlacement tree dies the tree shall be replaced in accordance with this section., For new develonmR.nt ,,,- r),;Pntc1 .,,- violations involvin the unlawful removal of more than five (5) trees the City ma 0 a performance bond i a form acce ptable to the Cit 0 Attorney as a condition of A th_e restoration plan in order to ensure compliance with this s ubsection. Mmk Sec. 1020=4250. Open burning of natural cover. Gwft Open burning of natural cover which is the result of an clearing is prohibited. Sec. 102 -51. Rules and Regulations and Fees for Implementing this Division. 6 ' reguire 0 )rovlllL:r The City Council may adopt, by resolution, such administrative rrules and regulations and fees that are nece�,11sary and proper to implement this Division. City of Cape Canaveral Ordinance No. OS -2005 Page 24 of 40 S ec. 102-SMPNT List of Desirable S pecies and plants. (a) All trees aand 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 frees and plants in this section rs are intended to rov p ide a guic1c the d eveloper and homeownerrtrse�ectirrg a list o f appropri ate native an d suitable 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. The C ity Council h ereb finds that cif natives and other desirable vegetation suitable for the City's c limatic condition axe utilized ' i n the form aand size context in which they naturally oC cur, a long -lived and maintenance -free landscape scheme will result within the City of Cape Canaveral. L.11%00 JL1 0 L al 6-OU11L 1 JLL I I Uj R" a s ua I V %wo- j J1a11Q), (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) sl mal.tree. AVera ge 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 fleet, (LT) large tree. Average mature height over 60 feet. (P) Palm tree. (S) Shrub. (G) Ground cover. City of Cape Canaveral Ordinance No. OS -2005 Page 25 of 40 (V) Vine. (A) Aquatic. (3) Temperature. ( +) Cold tolerant,, (4M) 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 a NATIVE SPECIES Botanical Name (ST) Small Tree Acacia fladmesiana Ardisia escallo oides Bumelia tenax cappans cyanophallophora Cappans flexuosa Chrysobalanus icaco Citharexylum fructicosum Coccoluba uvi*tera Conoca us erecta Comus foemi'na Common Name Acacia tree Mariberry Community Cold Tolerance N,C,S + C, S - Tough buckthorn N, C, S, B + Jamaica caper B - Limber caper B OM Coco plum S, B - Fiddlewood S, B - Sea grape S, B - Buttonwood S4, B Swamp dogwood N. C, S Dodonea viscosa Varnish leaf B City of Cape Canaveral Ordinance No. O Page 26 of 40 No M1 Drypetes laterifoli'a Eugenia axilims Eugenia foetida Exothea paniculata Forestiera segreg a Guapira discolor Hamelima patens giodendron fe eum Laguncularia racemosa Myrclanthes ftagrens Myn"ca cerefera Myrsine flondana Nectandra coriacea Quercus chapmanii Quercus geminata Quercus i"ncana Quercus minima Rhus copallina (MT) Medium Tree Guiana plum White stopper Spanish stopper Inkwood Florida privet B1011 y Firebirush Black ironwood B C S, B - B - B - N, C,S,B + S, B - S, B - S, B - White mangrove S, B - Simpson stlopper N, C, S + Wax myrtle Myrsine Lancewood Chapman oak Sand live oak Blue jack oak Dwarf live oak Southern sumac City of Cape Canaveral Ordinance No. OS -2005 Page 27 of 40 N, C,S,B + C, S, B - C, S, B - N, C,S,B + N,C S, B + N C ) s + N, C,S,B + N,c S B + Avicennia crerminans Black mangrove N, C, S, B + Bursera simaruba Caxpinus caroliniana Carya flondana Carya glabra Celtis laevigata Chrysophyllum olivefonne Coccoloba diversifolia Diospyros virginiana Fj*cus aurea Fraxinus caroliniana Gordonia lasianthsus Ilex cassine Ilex vomi'toria Juni silicicola Magnolia virginiana Masti*chodendron foetidi*ssimum Morus r Gumbo limbo ■ Homban/bluebeechN, C Scrub hickory Pignut hickory Sugaarberry Sati*nleaf Pigeon plum Persimmon Strangler fig no N, C,S,B + N, C,S,B + N,C,S + S, B - S, B - N, C,S,B + r � ■ Water ash/pop ash N, C, S Loblolly bay Dahoon Youpon holly EX no N + N, C,S,B + N C S Southern red cedar 11� C, S No on no on Sweet bay N, C, S + Mastic tree B - Red mulberry N, C, S + City of Cape Canaveral Ordinance No. 05 -2005 Page 28 of 40 Osmanthus amen*canus Wild olive N, C, S + Persea borbonia Pinus clausa Prunus caroliniana Quercus laevi*s Pj lozophora mangle Ulmus americans Zanthoxylum clavaherculi*s (LT) Large Tree Acer rubrum Liquidambar styraciflua Magnolia grandiflora Nyssa sylvatica Pinus ellottii Pinus palustn*s Quercus laun*foli* a Quercus virg1*n1*ana Taxi'dium distichum (P) Palm Tree Red bay Sand pine C. cherry laurel Turkey oak Red mangrove American elm Hercules club N, C S B + N,C,S + N, C,S,B + N, C, S + C, S, B - N, C, S + N, C, S, B + Southern red mapleN, C, S Sweetgum N, C, S on no on on Southern magnolia N, C, S, B + Swamp black gum N. C, S + Slash pine N, C, S, B + Longleaf pine Laurel oak Live oak Bald cypress City of Cape Canaveral Ordinance No. OS -2005 Page 29 of 40 N,C,S + N,C,S + N, C, S + N,C,S + Paurotis VVn" Saw palmetto N, C4 S + Sabal palmetto Cabbage palm N,C,S,B + (S) Shrub Bacha,ris halimiofolia Groundsel tree N, C, S, B + Be a '*a racemosa Tar flower N, C, S + Callicarpa americana Beauty berry N, C, S + Cephalanthus occi*dentalis Buttonbush N, C, S + Croton punctatus Beach Croton B - Erythrina herbaceae Coral bean N, C, S, B + Iva frutescens Marsh elder S - Iva imbricate Marsh elder B - Lantana involucrata Wild sage B - Lycium caroliniomum Christmas berry N C, S, B + Lyonia ferruginea Staggerbush N, C, S, B + Lyonia f Staggerbush N, C, S, B + Lyonia lucida Fetterbush N, C, S, B + Psychotn'a nervosa Wild coffee C, S B - Psychotria sulznen* Wild coffee C, S, B - Quercus myrtifoli*a Myrtle oak N C, S, B + City of Cape Canaveral Ordinance No. OS -2005 Page 30 of 40 Quercus pumila Running oak N, C, S, B + Randi"'a aculeata Ran dl'* a C 5 s - apidophyllum Hystrix Sophora tomentosa Vaccini*um spp. Yucca aloifoli*a Zanthoxylum fagara (G) Ground Cover Acrosti"chum danaeafolium Afistida spp. Bo *Chia frutescens Ceratiola ericoi'des Crinum americanum Ernodea littoralis Gai'llardia pulchella Garbena fIrruti cosa Helianthus debilis Hymenocalli"s latifolia Needle palm Necklace pod Blueberry Spanish bayonet Wild lime Leather fern Wiregrass Sea oxeye daisy Rosemary String lily Golden creeper Firewheel Garben"a N, C,S,B + S, B - N, C,S,B + N C, S, B + S + N, 1 ,S,B + N + N + N, C, S, B N, C,S,B + S, B - N, C S B + N,C,S + Beach sunflower N, C, S, B + Spider lily N, C,S,B + Hypen"'cum spp. St. John's wort N, C, S, B + C ity of Cape Canaveral Ordinance No. OS -2005 Page 31 of 40 Licani'ba michauxii Nephrolepi*s bise ata Nephrolepi's cordifoli'a Nephrolepis exaltata Noli'na atopocarpa Opuntia humi*fusa, compressa Opuntia stricta Osmunda cirmemomea Osmunda regali"s Panicum amarulum Panicum commutatum Physalis viscosa Pilobiephis rigida Portulaca pi"losa Pteridium aquilinum Rubus trivialis Serenoa repens Sesuvium portulacastrum Sparti"n a spp . Gopher apple N,C B + Boston fern S Boston fern N, C, S + Boston fern N, C, S + Florida beargrass N, C, S + Prickly pear N, C, S, B + Prickly pear NI) C,S,B + Cinnamon fern Royal fern B each grass Panic grass Ground cherry Pennyroyal- Pink purslane Bracken fern N C S + N C S + N, C,S,B + N, C,S,B + N,c S + N, C S, B + N C, S, B + N S B + Southern dewberryN, C, S + Saw palmetto N, C, S,7 B + Sea purslane C, S, B + Spartina/cordgrass N, C, S, B + City of Cape Canaveral Ordinance No. OS -2005 Page 32 of 40 Uniola paniculata Sea oats N + Yucca filamentoua Zaml*a floridana, pumili'a,, i*nte,.m,. angustifolia (A) Aquatic Nuphar lutea Nymphea odorata Pontedena cordate Sagittan'a spp. (V) Vine Caesalpini'a bonduc, crista Canavalia rosea Cissus trifoliate Ipomea pes- caprae Ipomea spp, Ipomea stolonifera Parthenocissus quinqueflolia V itis aestivalis V itis rotundifolia Adams needle N + Coontie /arrowroot N, C, S, B + Spatter -dock N, C, S White waterlily N, C, S Pi'ckerelweed N, C, S Arrow head N, C, S Gray ni*ckerbean B Beach bean Marine vine Railroad vine Morning glory ME an win on ME ME no ME S, B - N,C,S + C S,B - N, C,S,B + Beach morning glory Virginia creeper Summer grape i so] N,c + N,C,S Muscadine grape N, C, S, B City of Cape Canaveral Ordinance No. 05-.2005 Page 33 of 40 ■ n ■ ■ me no 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 maybe difficult due to salt burn and they may undergo substantial shock before becoming acclimated to the bamer island c TABLE INSET: Botanical Name (ST) Small Tree Eucalyptus cinera Lagerstromia indica NONNATIVE SPECIES Common Name Silver dollar Crape myrtle Community Cold Tolerance N,C,S N J C 5 S ME no (MT) Medium Tree Bauhini*a pu urea Caili*stemon lanceolatus Callistemon viuminalis Cupaniopsis anacordiodes Dalbergia sissoo Eri ob otrya japonica Koelreuten*a flormosana Olea europae Orchid tree Blottlebrush Bottlebrush Caxrotwood Rosewood Loquat Gold rain tree Olive tree ■ N, C, S, B on EN No on N, C S B m N, C, S, B MR on No on N J C 5 S r IL W O , Parkinsonia aculeata Jerusalem thorn N, C, S, B City of Cape Canaveral Ordinance No. OS -2005 Page 34 of 40 on No on ME Ulmus pumila, parvi folia Chinese elm N4 C, S, B + (S) Shrub Podocarpus macrophylla Maki N, C, S + us n Podocarp acri Nacrl* N, C, S + (P) Palm Tree Arecastrum romanzoffianum Queen palm N, C, S + Butia capi"tata Pi"ndo N, C, S, B + L ivistonia chinensis Chinese fan N, C, S + 6 Phoenix cananensis Canary Island date N, C, S, B + Phoenix reclinata Senegal date N, C, S + Trachycarpus fortunei Windmill palm N, C13 S + Washington robusta Washington palm N, C, S, B + Sec. 102 - x List of undesirable species. The �lantin of any ' speeies tree and plant listed below i s s tri ctly 12ro hib i ted within City of Cape Canaveral shall azo 1URV 0 TABLE INSET: Botanical Name Shinus terebinthifollus Melaleuca quinquenervia Casuarina spp, Common Name Brazilian pepper Melaleuca, caieput tree Australian pine City of Cape Canaveral Ordinance No. OS - 2005 Page 35 of 40 Eucalyptus spp. Enterolobium contortisiliquem Melia azedarach C innamomum camphora Sapium sebiferum Dioscorea I b ubifera Rhodomyrtus tomentosa Sansevieria hyacinthoides R icinus communios Eucalyptus Ear tree Chinaberry Camphor tree Chinese tallow Air potato /air yam D owny rose myrtle African bowstring hemp Castor bean plant Sec. 102 -54 Preferred Plant List. The followln2 s hall VDIY when calculating the number of tree replacement credits m accordance with Section 102 43(b)(6)(D) of this Division: 1. For each medium or lar e tree planted from the list of desirable species that is des i barrier island) on said list and is at least ten feet tall with two -foot spread t wo (2) tree replaceme credits shall be EMEEMMEEM- Zated "B reater a t hn three -inch diameter 2. For each small tree, )anted from the list of desirable s anted. e ciec t ;c CPC; on said I i-st and is at least six feet tall wi two to three inch diameter spread, one tree replacement credit shall be jzranted. dbh) and at d "B" (harrier i clanri dbh) minimum and Fwo -foot Chapter 110 Code Amendment. Chapter 110, Sections 566 through 568 of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows (underlined type indicates additions and SU11LikV.V - LUt type indicates deletions): Section 3. Sec. 110 -566. Landscaping and screening between commercial or industrial zoning districts and resid ential zoning districts. (a) Whenever the boundaries of a commercidistn*ct al or industrial zoning ana d res idential zoning district abut, a visual screen shall be provided within the reauired setbacks of the property which is developing or redeveloping . City of Cape Canaveral Ordinance No. OS -2005 Page 36 of 40 (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 o f one ten -point tree value as defined in section 110 -567 which shall b e planted every 35 feet with at least two five -point trees on the minimum 50 -foot G1 lot and three five -point trees on the minimum 75 -foot M -1 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 -4452, having the cold - tolerance designation Dtherwise, the owner or developer must provide documentation from a recognized k edgeable person, as defined in section 102 -36, that h is choice ofvegetation has a good chance of thriving or meets state requirements for low water need (xen*scape). (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 P p roerty which is developing or redeveloping. When a drainage easement, ditch or water body runs along a property line, an administrative waiver maybe 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 all shall be located so as to preserve the trees. 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 ha. ve at least one ten -point tree for every five spaces or fraction thereof planted within the interior of the parking lot. (2) P arking areas with 11 or more spaces shall have at least one fivewftpoint tree for every five s paces 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 maybe satisfied by cluster plantings, at the discretion City of Cape Canaveral Ordinance No. 05 -2005 Page 37 of 40 of the building official. (4) P arking areas 1"n the C -1, G2 an d M -1 distri cts and parking areas in the R -3 distri cts that contain 16 or more parking spaces shall be planted to a width of at least two feet of the entire erimeter p facing the public right -of -way, except for ingress and e gress and sidewalks. The perimeter shall be planted with decorative shrubs and bushes not less than three feet i hel*orht 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 e-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 othe rwise provided for in this chapter. (5) No trees shall be planted that will obstruct visibility at intersections or points of ingress and egres s 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. not MW 9 mug 115MODWSM 1 s ��l i -4 �kdN - . ■ ■■raa■r0a IM & -Iftm V New X pp .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 landscap* ng specified 1*n this subsection shall I)e p y maintained and replaced if for any reason it does not survive. (9) The value of the landscaping or f the internal P arking areas and their penmeter, 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 proj ect, ex''11111 luding land acquisition, whichever i's 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 # Points Tree Points 10 Large and medium s pecies, ten feet tall with greater than three -inch diameter (dbh) and two -foot spread. � 5 Small species, six feet tall with two to three, inch diameter (dbh) minimum 4 City of Cape Canaveral Ordinance No. OS - 2005 Page 38 of 40 and two -foot spread. 5 Cabbage palms, minimum h eight six feet (overall). 4 5 Non - native palms, minimum height three feet (overall). 4 (c) Only trees listed in section 102e-. 52 having the cold to leran ce designation ( +) shall be considered for use i"n meet ing landscaping requirements for C -1, M -1 and R -3 zones. Further, if t he P lanting is in an area subjected to salt air, the B (barrier island) designation shall be present, which meets the state requirement to tolerate xenc conditions. Otherwise, documentation must be presented as provided in section 110- 566(d). OWMAIM �1 Section 4. Re peal of Prior Inconsistent Ordinances and Res olutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict h erewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code., This Ordinance shall be incorporated into the Cape ity Code and Canaveral C any section or paragraph, number or letter, and any heading may be changed or modified ails necessary to effectuate the foregoing. Grammatical, typographical, andlike errorsmaybeco ected and additions, alterations.ando missions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severabj"11*ty, 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 p ortion shall be deemed a separate, distinct and IS provision, and such holding shall not a ffect the validity of the remaining portions of this Ordinance. City of Cape Canaveral Ordinance No., OS -2005 Page 39 of 40 Section 7. 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 ti day of Ave.1—. , 2005. rl dr 0 4r .ROCKY RANDE S, Mayor ATTEST: For Against Bob Hoog X Jim Morgan Second -- ,__ 4 LI Rocky Randels X SUSAN STILLS, City Clerk Buzz Petsos Motion Steve Miller Absent First Reading: April 5,2005 Legal Ad published: April 9,2005 Second Reading: April 19, 2005 Approved as to legal form and sufficiency for the City. o e Canaveral only: ir 1 ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 05-2005 Page 40 of 40 TABLE 1. CITY OF CAPE CANAVERAL TREE REPLACEMENT STANDARDS DBH of Prfltected Number of Replacement Canv p� � Trees Requiored Number of RepIacement Small Preferred Contribution ta Tree for Each Tree Removed Trees or Palms Required for Each Tree Plant Tree Bank* Removed 4 }# up to or I but not o�' Preferred or S250,00 including Plant(s) g NvlCredits S" up to but not 2 or 2 Preferr $500.40 including Plant(s) 1711 wlCredi is 12 up to but not 3 Not allowed Preferred $754.00 including Plant(s) 16 wlCredits 16 up to but not 4 Nod allowed Preferred � I ,000.00 including Plant(s) 2411 wlCredits > To Be Preserved See 102-41 � To Be Preserved To Be To Be Preserved See § 102-41 See § 102-41 See § 102-, 41 *These amounts maybe adjusted biannually to compensate for increases to costs ❑f and establishment. lams as w p ell as to casts of instaIlatian APPENDIX A: TREE PROTECTION AREA SIGNAGE T.F�EE PR1 or] ]-, TIN 1 0 M achinery, Dumping, Construction, Parking, or Storage of Any Materials is PROHIBITED B Y City of Cape Canaveral Violators are subject to a civil penalty of up to $5000 per violation and r estoration req uirements. Enforced by the City of Cape Canaveral 0 pursuant tO City of Cape Canaveral Tree Preservation &Landscaping Code § 102 -3 7, et. seq. The sign shall be made of rigid material such as wood, metal, or durable plastic. Non -rigid materials such as paper, cardbDar d, Cellophane, or foil are no acceptable. The sign shall be two (2) feet wide by t hree (3) feet long.