HomeMy WebLinkAboutOrdinance No. 21-2005ORDINANCE NO. 21-2005
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 102, ARTICLE II.,
DIVISION 2 OF THE CODE OF ORDINANCES RELATING
TO LAND CLEARING FOR SMALL SCALE EXISTING AND
NEW RESIDENTIAL DEVELOPMENTS SUCH AS SINGLE
FAMILY UNITS, DUPLEXES, TRIPLEXES, AND
SUBDIVISIONS OF THREE (3) OR FEWER SINGLE FAMILY
UNITS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Florida Constitution, Article II, Section 7, provides "it shall be the policy
of the State to conserve and protect natural resources and scenic beauty;" and
WHEREAS, the City Council is committed to preserving, enhancing, and creating green area
within the City and by assuring the preservation of existing trees on public and private property and
taking steps to require maintenance of existing and installation of new trees within the City; and
WHEREAS, trees aid in energy conservation by cooling the atmosphere, reduce air pollution
by removing particles such as dust and pollen, increase oxygen production, slow surface water run
off, reduce soil erosion, provide food, nesting and protection for wildlife, enhance scenic beauty, and
provide other environmental benefits; and
WHEREAS, on February 1, 2005, the City Council adopted Ordinance 05 -2005, which
significantly amended Chapter 102 of the City's Code of ordinances relative to Land Clearing; and
WHEREAS, the City Council desires to provide separate and distinct land clearing
regulations for land which contains small scale existing and new residential developments such as
single family units, duplexes, triplexes, and subdivisions of three (3) or fewer single family units;
and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby 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;
City of Cape Canaveral
Ordinance No. 21 -2005
Page 1 of 5
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, City of
Cape Canaveral, Florida, is hereby amended as follows ( underlined type indicates additions and
type indicates deletions, while asterisks indicate a deletion from this Ordinance of
text existing in Chapter 102. It is intended that the text in Chapter 102 denoted by the asterisks and
set forth in this ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance) :
CHAPTER 102. VEGETATION
ARTICLE II. TREE PROTECTION
DIVISION 2. LAND CLEARING
Sec. 102 -37. Title; Applicability; Intent and Purpose; Small Scale Residential
Dwelling Exemption.
(e) Small Scale Residential Dwelling Exemption. All land that contains
an existing residential single family dwelling unit or duplex or triplex or which is subject
to a city development order authorizing the construction of a new residential single ily
dwelling unit, duplex or triplex or a subdivision with three (3) or less single family dwelling
units shall be subject to the provisions set forth in Section 102-40.5 of this Code.�3pen
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Sec. 102 - 38. Enforcement and Penalties.
City of Cape Canaveral
Ordinance No. 21-2005
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(b) Penalties. In addition to all other remedies set forth in this Division, one or more of
the following civil fines shall apply to violations of this Division:
(1) Failure to obtain a permit required by Section 102-39 or Section 102-40.5
Fine of $250.00 per tree or $500.00 per specimen tree removed, not to exceed
$5,000.00, plus $250.00 per loo square feet cleared.
Sec. 102 -40.5. Small Scale Residential Land Clear in Re uirements.
The following requirements shall qpply apply to small scale residential developments as defined
in subsection (a
Lai Application: small scale residential developments defined. Notwithstanding the other
provisions of this Division, this Section shall only apply to small scale residential
developments which shall be limited to:
Land which contains an existing residential single family dwelling unit or
duplex or triplex.
Land which is sub' ect to a city develo ment order authorizin2 the
F }: construction of a new residential single family dwelling unit duplex or triplex or a
subdivision with three (3) or less single family dwelling, units.
b� Permit Required.
No person shad enga
Re in tree removal or land_ cl first
obtainin g a land clearing permit issued by the building official ursuant to Section
102 - 39.
on recei t of a completed application, the buildin official shall not a l
the re uirements set forth in Section 102.40 and shall issue a land clearin ermit
authorizing the removal or cleariny, of an trees located within the footprint of an
structure app roved by a , c ily development order.
The removal or clearing of trees not located within the footprint of any
structure approved by a city development order is subject to the criteria set forth in
Section 102 -40.
The building official may not _issue a land _ clearing_pennit under any
circumstances for the removal or clearing of specimen trees. The removal of
City of Cape Canaveral
Ordinance No. 21 -2005
Page 3 of 5
specimen trees is subject-to relation under Section 102. -41.
X5,2 There shall be no permit fee for issuance of a land clearing permit
� Tree Survey Required for New Development Developers proposing to construct a
new residential single family dwelling unit duplex or triplex or a subdivision with three �3)
or less sinele family dwelling units shall be required to submit a tree survey concurrent with
submission of a building permit on
Tree Replacement Guidelines.
Each tree removed or destroyed shall be replaced by a desirable tree or such
other tree properly approved by permit or in the alternative property owners and
developers shall pay to the City's Tree Bank $250 00 per tree removed or destroyed
The replacement trees shall be a minimum of 4 inches dbh and shall be on the
desirable species list under this Division
Tree replacement is not required for trees removed where the removal falls
under one or more exception outlined in Subsection 102 -40(b)
� Maintenance Requirements. All promo erty owners and developers of land shall be
responsible for the proper care and maintenance of all trees located on their property which
were not authorized to be cleared All remaining trees and any transplanted trees shall be
maintained in a healthy, living condition AU transplanted tree which dies within two �)
years of Wanting shall be replaced and maintained by the property owner or developer Upon
the sale of an individual parcel of land the responsibility for tree maintenance shall transfer
to the new property owner
� Division Otherwise Applicable All other Sections of this Division not in conflict
with the provisions of this Section are applicable to and enforceable a gainst the property
_owners and developers of all land subject to this Section including but not limited to
Sections 102 -41, Specimen Trees Section 102 -44 Prohibitions and Section 102 45
Minimum Tree Requirement.
Section 3. Repeal of Prior Inconsistent ordinances and Resolutions. All prior inconsistent
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ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incor porated into the Cape
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Canaveral City Code and any section or paragraph, number or letter, and an heading may be
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changed or modified as necessary to effectuate the foregoing. Grammatical o a hical and like
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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.
City of Cape Canaveral
Ordinance No. 21 -2005
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Section 5. Severability. If any section,subsection, sentence,clause,phrase,word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction,whether for substantive,procedural,or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 3`d day of
January, 2006.
4 �a
.A., AN ti ROCKY RAND LS, Mayor
0. t' `,
v �
ATTEST: aW. y For Against
----_____4kwirr==== ,_ Bob Hoog Second
Jim Morgan X
Leo Nicholas X
SUSAN STILLS, City Clerk Buzz Petsos Motion
Rocky Randels _X
First Reading: 11/15/05
Legal Ad published: 12/13/05
Second Reading: 01/03/06
Approve.(as o legal form and sufficiency for
the Ci of Canaveral only:
•i THONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No.21-2005
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