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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. 1 OF 4 ORD.26 -73 (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. 2OF4 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 / !/ 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