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Home My WebLink AboutOrdinance No. 51-1973ORDINANCE NO. 5J-73 MICROFILMED AN ORDINANCE AMENDIO ORDINANCE O. 26 -73 ENTITLED "AN ORDINANCE PROHIBITING THE REMOVAL OF TREES WITHOUT A PERMIT; PROVIDING FOR REVIEW OF PERMITS FOR CONSTRUCTION BY THE BEAUTIFICATION BOARD FOR A MINIMUM IMPACT ON EXISTING TREES; PROVIDING FOR APPEALS FROM DECISIONS; PENALTY PROVIDE PROVIDING FOR AN EFFECTIVE DATE." BY DELETING CERTAIN EXCEPTIONS FOR OWNER OCCUPIED SINGLE- FAMILY AND TWO - FAMILY DWELLING UNITS; CHANGING THE PERMIT PROCEDURE SO THAT THE BUILDING OFFICIAL SHALL HAVE SOLE DISCRETION IN ISSUING A TREE REMOVAL PERMIT BY ESTABLISHING CERTAIN CRITERIA TO BE CONSIDERED BY THE BUILDING OFFICIAL REGARDING SUCH A PERMIT: BY PROVIDING FOR A MAXIMUM PERMIT FEE; DELET- ING PROVISION FOR REVIEW BY BEAUTIFICATION BOARD IN THE EVENT OF NEW CONSTRUCTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. Ordinance No 26 -73 entitled "An Ordinance Prohibiting The Removal of Trees Without a Permit; Providing For. Review of Permits for Construction By The Beautification Board For a Minimum Impact on Existing Trees; Providing. For Appeals From Decisions; Penalty Provided; Providing For An Effective Date" is hereby amended as follows: (1) Section 2. (2) (B) which reads as follows: "The terms and provisions of this Ordinance shall apply to all real property in the City of Cape Canaveral, in- cluding publicly owned lands, rights of ways and ease - ments, except owner occupied single - family and two - family dwelling units." is hereby repealed in its entirety and the following sub- section (B) substituted therefor: "Section 2.(2) (B) The terms and provisions of this Ordinance shall apply to all real property in the City of Cape Canaveral, including publicly owned lands, rights of ways and easements." (2) Section 3.(A) which reads as follows: "(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 indicating the reasons for removal. A Per- mit fee of $5.00 per proposed tree to be removed shall be assessed." is hereby repealed in its entirety and the following sub - section (A) is substituted therefor: ORD 51 -73 PAGE 1 OF 4 - MICRQFILMED 3-44 °30 "Section 3. (A) Permission for removal of trees shall be obtained by making application for the permit to the Building Official. The.application shall specify the location of the property, the expected land use and the location of the trees to be removed, indicating the reasons for removal. A permit fee of $5.00 for each tree to he removed shall be assessed, but in any event, the permit fee shall not exceed $25.00. (3) Section 3. (B) (C) (D) and (E) which read as follows: "(B) No permits shall be issued for tree removal unless one of the following conditions ,exists: (1) The tree is located where structures or improvements may be placed and it unreasonably restricts the permitted use of the property. In determining reasonable use of the property the Building Official or the Beautification Board, whichever is approving tree removal, may require minor re- arrangement of the structures or improvements where it is determined same will result in the saving of trees, particu- larly on parcels having minimal tree density; provided that . the requirement of such rearrangement will not significantly add to the overall cost of development. (2) The tree is located where surveying or soil determination work may take place. (3) The tree is diseased, injured, in danger of falling, too close to existing or proposed structures, unmanageably threaten$ or causes disruption to public utility 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 in writing and may not be contrary to the intent of this Ordinance. (C) In making its determination, the Building Official or Beautification Board may inspect the tree and its location and utilize any outside technical assistance that may necessary. (D) A permit for tree removal may include requirements for replacement of trees and may specify size and kind of tree and location of replacement trees. (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 vehicular traffic, or public utilities services." are hereby deleted and repealed in their entirety and the following sub - section (B) shall be substituted therefor: "Section 3. (B) The Building Official may issue a permit for the removal of trees. In making his determination, the Building Official shall review and consider the following guidelines and criteria: (1) Whether or not the tree is located where structures or improvements may be placed; ORD 51 -73 PAGE�2 OF 4 •r, r 1 MICROFILMED 3- 14-50 (2) The tree unreasonable restricts the permitted use of the property; (3) Whether a rearrangement of the structures or improve- ments thereon will result in the saving of trees, particu- larly on parcels having minimal tree density; (4) Whether or not rearrangement of the building structure will significantly add to the overall cost of the develop- ment; (5) Whether or not the tree is located where surveying or soil determination work may take place; (6) Whether or not the tree is diseased, injured or in danger, of falling; (7) Whether the tree is too close to existing or proposed structures; (8) Whether the tree unmanageably threatens or causes dis- ruption to public utility service or poses a threat to vehicular or pedestrian safety; (9) Whether or not the removal of the tree is desirable in order to enhance or benefit the condition of other remain- ing trees." The following sub - section (C) shall be substituted therefor: "Section 3.(C) In making its determination, the Building Official may inspect the tree and its location and utilize any outside technical assistance that may be necessary, in- cluding the advice and assistance of the City of Cape Canaveral Beautification Board." The following sub - section (D) shall be substituted therefor: "Section 3. (D) A permit for tree removal may include requirements for replacement of trees and may specify size and kind of trees and location of replacement trees." The following sub - section (E) shall be substituted therefor: "Section 3.(E) Prior to issuance of tree removal permits on undeveloped land, the Building Official shall consider whether or not the plan for development has been submitted by the applicant and whether or not the tree in question poses a safety hazard to buildings, pedestrian or vehicular traffic or public utility service." The following sub- section (E') shall be added::: "Section 3. (F) No permit shall be required if the tree is diseased, injured, or in danger of falling. This is not to exceed two trees on one property or one parcel. (4) Section 4. which reads as follows: "Section 4. Review By Beautification Board Provided. Except as provided to the contrary in §2. (B), no permit for new construction shall be issued until the tree removal applica- tion 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 con- struction. Said review shall be completed within 10 days after receipt of tree removal permit." xAMENDED ON SECOND READING ORD 51 -73 PAGE 3 OF 4 e I II I C O ILMED 344 -80 is deleted in its entirety °md the following Section 4. is substituted therefor: "Section 4. New Construction Permits. As a condition to issuance of a permit for new construction, the Building Official may require that protection for existing trees be provided during construction, as well as the other standards and criteria as set forth herein." (5) Section 5. which reads as follows: "Section 5. Appeals from Decisions Provided. Any party may appeal a decision of the Building Official or the Beautifi- cation Board under this Ordinance to the Board of Adjustment under the rules provided.in the zoning ordinance for the appeal of decisions. The Board of Adjustment shall use the standards of §3(B) in their review." is deleted in its entirety and the following Section 5. is substitut II • - therefor: "Section 5. Appeals from Decisions Provided. Any party may appeal a decision of the Building Official under this Ordinarc( to the Board of Adjustment, under the rules provided in the zoning ordinance for the appeal of decisions. The Board of Adjustment may use the standards and criteria as set forth in this Ordinance in their review." SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall take effect immediately upon its 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 18TH day of DECEMBER , 1973. Approved as to form: City Attorney First ReaGding:11 /20/73 Advertised: 11/26/73 Posted: 11/21/73. Second Reading : 12 -18 -73 ORD 51--73 PAGE 4 OF 4 1