HomeMy WebLinkAboutOrdinance No. 26-1973ORDINANCE NO. 26 -3
MICROFILMED 344 -80
AN ORDINANCE PROHIBITING THE REMOVAL
OF TREES WITHOUT A PERMIT; PROVIDING
FOR REVIEW OF PERMITS FOR CONSTRUCTION
BY THE BEAUTIFICATION BOARD FOR MINI-
MUM IMPACT ON EXISTING TREES; PRO-
VIDING FOR APPEALS FROM DECISIONS;
PENALTY PROVIDED; PROVIDING FOR AN
EFFECTIVE DATE.
ORD, 4157- V3
WHEREAS,
THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL DEEMS IT NECESS-
ARY AND DESIRABLE IN THE INTEREST OF PUBLIC HEALTH, SAFETY, AND
WELFARE TO PROVIDE AN ORDINANCE FOR THE PROTECTION AND IMPROVE-
MENT OF THE URBAN AREA THROUGH THE PRESERVATION AND USE OF TREES
IN THE CITY WITHOUT, HOWEVER, DENYING THE REASONABLE USE AND EN-
JOYMENT OF PROPERTY. THEREFORE, IT IS THE INTENT AND PURPOSE OF
THIS ORDINANCE TO ESTABLISH RULES AND REGULATIONS GOVERNING THE
PROTECTION OF TREES WITHIN THE CORPORATE LIMITS OF THE CITY OF
CAPE CANAVERAL AND TO ENCOURAGE THE PROLIFERATION OF TREES WITH
IN THE CITY AS WELL AS THEIR REPLACEMENT, IN RECOGNITION OF
THEIR IMPORTANCE AND THEIR CONTRIBUTION TO A HEALTHY, SAFE AND
BEAUTIFUL COMMUNITY ATTRIBUTABLE TO THEIR CARBON DIOXIDE AB-
SORPTION, THEIR OXYGEN PRODUCTION; THEIR TEMPERATURE MODERATION,
THEIR DUST FILTRATION, THEIR NOISE AND WIND REDUCTION, THEIR
SOIL EROSION PREVENTION, THEIR SURFACE DRAINAGE IMPROVEMENT,
THEIR BEAUTIFICATION AND AESTHETIC ENHANCEMENT OF VACANT AND
IMPROVED LANDS, AND THEIR GENERAL PROMOTION OF THE WELL BEING OF
THE CITIZENS OF CAPE CANAVERAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. DEFINITIONS.
TREE. ANY SELF - SUPPORTING, WOODY OR FIBROUS PLANT OF A
SPECIES WHICH NORMALLY GROWS TO AN OVERALL MINIMUM HEIGHT OF
FIFTEEN (15) FEET IN THE CAPE CANAVERAL AREA.
Trunk Diameter. The length of a straight line through the
center of the trunk of a tree, measured at a height of
four and one -half (411) feet above the ground, *except for
palms, which shall be measured immediately above the root cap.*
SECTION 2. PERMIT REQUIRED. *amended
on 2nd
(A) NO PERSON SHALL CUT DOWN, DESTROY, REMOVE OR MOVE, OR reading
EFFECTIVELY DESTROY THROUGH DAMAGING, ANY TREE WITH A =3.
TRUNK DIAMETER OF FOUR (4) INCHES OR MORE WITHOUT FIRST
OBTAINING A TREE REMOVAL PERMIT.
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(B) THE TERMS AND PROVISIONS OF THIS ORDINANCE SHALL APPLY
MICROFILMED. TO ALL REAL PROPERTY IN THE CITY OF CAPE CANAVERAL, IN-
-1
3.14-30
CLUDING PUBLICLY -OWNED LANDS, RIGHTS -OF -WAYS, AND EASE-
MENTS, EXCEPT OWNER- OCCUPIED SINGLE - FAMILY AND TWO FAMILY
DWELLING UNITS.
SECTION 3. PERMIT PROCEDURE.
(A) PERMITS FOR REMOVAL OF TREES SHALL BE OBTAINED BY MAKING
APPLICATION FOR THE PERMIT TO THE BUILDING OFFICIAL. THE
APPLICATION SHALL BE ACCOMPANIED BY A WRITTEN STATEMENT
SPECIFYING THE LOCATION OF THE PROPERTY, THE EXPECTED LAND
USE, AND THE LOCATION OF TREES TO BE REMOVED, AND INDICAT-
ING THE REASONS FOR REMOVAL. A PERMIT FEE OF $5.00 PER
PROPOSED TREE TO BE REMOVED SHALL BE ASSESSED.
(B) NO PERMITS SHALL BE ISSUED FOR TREE REMOVAL UNLESS ONE
OF THE FOLLOWING CONDITIONS EXISTS:
(1) THE TREE IS LOCATED WHERE STRUCTURES OR IMPROVEMENTS
MAY BE PLACED AND IT UNREASONABLY RESTRICTS THE PER-
MITTED USE OF THE PROPERTY. IN DETERMINING REASON-
ABLE USE OF THE PROPERTY THE BUILDING OFFICIAL OR THE
BEAUTIFICATION BOARD, WHICHEVER IS APPROVING TREE RE-
MOVAL, MAY REQUIRE MINOR REARRANGEMENT OF THE STRUCT-
URES OR IMPROVEMENTS WHERE IT IS DETERMINED SAME WILL
RESULT IN THE SAVING OF TREES, PARTICULARLY ON PARCELS
HAVING MINIMAL TREE DENSITY; PROVIDED THAT THE REQUIRE-
MENT OF SUCH REARRANGEMENT WILL NOT SIGNIFICANTLY ADD
TO THE OVERALL COST OF DEVELOPMENT.
(2) THE TREE IS LOCATED WHERE SURVEYING OR SOIL DETERM-
INATION WORK MAY TAKE PLACE.
(3)
THE TREE IS DISEASED, INJURED, IN DANGER OF FALLING,
TOO CLOSE TO EXISTING OR PROPOSED STRUCTURES, UNMAN-
AGEABLY THREATENS OR CAUSES DISRUPTION TO PUBLIC UTIL-
ITY SERVICE, POSES A THREAT TO VEHICULAR OR PEDESTRIAN
SAFETY, OR CONFLICTS WITH ORDINANCES OR REGULATIONS NOT
OTHERWISE WAIVED HEREIN.
(4) REMOVAL OF THE TREE IS DESIRABLE IN ORDER TO ENHANCE
OR BENEFIT THE CONDITION OF OTHER REMAINING TREES.
(5) IT IS IN THE WELFARE OF THE GENERAL PUBLIC THAT THE
TREE BE REMOVED FOR A REASON OTHER THAN SET FORTH
ABOVE. SUCH REASON MUST BE STATED I'N WRITING AND MAY
NOT BE CONTRARY TO THE INTENT OF THI'S ORDINANCE.
(C) IN MAKING ITS DETERMINATION, THE BUILDING OFFICIAL OR BEAU-
TIFICATION BOARD MAY INSPECT THE TREE AND ITS LOCATION AND
UTILIZE ANY OUTSIDE TECHNICAL ASSISTANCE THAT MAY BE NECESS-
ARY.
(D) A PERMIT FOR TREE REMOVAL MAY INCLUDE REQUIIREMENTS FOR RE
PLACEMENT OF TREES AND MAY SPECIFY SIZE AND KIND OF. TREE
AND LOCATION OF REPLACEMENT TREES.
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ORD.26 -73
(E) NO PERMIT FOR TREE REMOVAL ON UNDEVELOPED LAND SHALL BE
ISSUED WITHOUT A PLAN FOR DEVELOPMENT UNLESS THE TREE
POSES A SAFETY HAZARD TO BUILDINGS, PEDESTRIAN OR VEHI-
1\\" CULAR TRAFFIC, OR PUBLIC UTILITIES SERVICES.
`�
,b SECTION 4. REVIEW BY BEAUTIFICATION BOARD PROVIDED.
EXCEPT AS PROVIDED TO THE CONTRARY IN § 2 (B), NO PERMIT FOR
NEW CONSTRUCTION SHALL/ gg SSUB UNTIL THE TREE REMOVAL APPLICATION
HAS BEEN REVIEWED AND APPROVED BY BOTH BUILDING OFFICIAL AND THE
BEAUTIFICATION BOARD USING THE STANDARDS OF § 3 (B), (C). THE
BOARD MAY, AS A CONDITION TO APPROVING THE PLANS, REQUIRE THAT
PROTECTION FOR EXISTING TREES BE PROVIDED DURING CONSTRUCTION.
SAID REVIEW SHALL BE COMPLETED WITHIN 10 DAYS AFTER RECEIPT OF
TREE REMOVAL PERMIT.
SECTION 5. APPEALS FROM DECISIONS PROVIDED.
ANY PARTY MAY APPEAL A DECISION OF THE BUILDING OFFICIAL OR THE
BEAUTIFICATION BOARD UNDER THIS ORDINANCE TO THE BOARD OF ADJUST-
MENT UNDER THE RULES PROVIDED IN THE ZONING ORDINANCE FOR THE
APPEAL OF DECISIONS. THE BOARD OF ADJUSTMENT SHALL USE THE
STANDARDS OF S 3 (B) IN THEIR REVIEW.
SECTION 6. EMERGENCIES.
IN CASE OF EMERGENCIES SUCH AS HURRICANE, WINDSTORM, FLOOD, OR
OTHER DISASTERS, THE REQUIREMENTS OF THESE REGULATIONS MAY BE
WAIVED BY THE CITY MANAGER UPON RECOMMENDATION BY THE BUILDING
OFFICIAL AND A FINDING THAT SUCH A WAIVER IS NECESSARY SO THAT
PUBLIC OR PRIVATE WORK TO RESTORE ORDER IN THE CITY WILL NOT BE
IMPEDED.
SECTION 7. PENALTY.
(A) ANY PERSON WHO SHALL VIOLATE THE PROVISIONS OF THIS
ORDINANCE SHALL BE PUNISHED BY FINE NOT TO EXCEED FIVE HUNDRED
DOLLARS ($500.00) OR IMPRISONMENT NOT TO EXCEED 10 DAYS OR BOTH.
(B) VIOLATIONS OF THIS ORDINANCE SHALL BE GROUNDS FOR
REVOCATION OR SUSPENSION OF ANY BUILDING PERMITS ISSUED.
SECTION 8. THIS ORDINANCE SHALL BECOME EFFECTIVE IM-
MEDIATELY UPON ADOPTION BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL.
3 OF 4 ORD. 26 -73
M CR'JEEL ED 344-80
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, THIS 17TH DAY OF JULY
1973.
NAME
YES
NO
ASS
MACLAY.
RHAME
RUTKOWSKI
/
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BALVAGGIO•
ir
THURM
kV
SPONSORI COUNCILMAN
FIRST READING JULY 13, 1973
POSTED: July 10, 1973
SECOND READXNG: JULY 17, 1973
PAGE 4 OF 4 ORD. 26 -73