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90-O-7 ~ ~ ORDINANCE NO. 90-0-7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, AMENDING ARTICLE IV. "TREE PRESERVATION AND PROTECTION" BY PROVIDING FOR DEFINITIONS1 BY PROVIDING FOR REVIEW AND APPROVAL OF DEVELOPMENT SITES BY THE LAND DEVELOPMENT AND REGULATORY AGENCY1 BY PROVIDING FOR REMOVAL OF TREES1 BY PROVIDING FOR EXEMPTIONS1 BY PROVIDING PROCEDURES FOR THE APPLICATION OF TREE REMOVAL PERMIT1 BY PROVIDING FOR SPECIMEN TREE PROTECTION REQUIREMENTS 1 BY PROVIDING FOR AREA TREE PROTECTION REQUIREMENTS1 BY PROVIDING FOR RELOCATION OF TREES1 BY PROVIDING FOR NATURAL VEGETATION RETENTION AREAS 1 BY PROVIDING FOR PRESERVATION AND INSTALLATION DURING CONSTRUCTION OR SITE PREPARATION1 BY PROVIDING FOR TREE SURVIVAL1 BY PROVIDING FOR THE ISSUANCE OF A STOP WORK ORDER 1 BY PROVIDING FOR PENALTIES1 CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That Article IV, "Tree Preservation and protection" of the Code of Ordinances of the City of Edgewater, Florida, be amended as follows:* ARTICLE IV. TREE PRESERVATION AND PROTECTION Section 14-52. Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. City is the City of Edgewater, Florida. Caliper: The minimum trunk diameter of replacement tree as measured at a predetermined point of measurement. Trunk diameter for trees up to four (4) inches are to be measured six (6) inches above the soil line. All trees over four (4) inches in diameter will be measured twelve (12) inches above the soil line. Clearing: The removal of any trees from the land, but shall not include mowing or grubbing. Diameter at Breast Height (DBH): The trunk diameter of a tree measured 4 1/2 feet above the average ground level at the *Deleted language has been !~fte6 ~ftfe~~ft and new language underscored. 1 -- .., .., ...", base of the tree. Provided, however, if the tree forks 4 1/2 feet above ground level, it is measured below the swell resulting from the double stem. Stems that fork below 4 1/2 feet above ground level should be considered separate trees. Deteriorated: Degenerated, or damaged to the point where the death of a tree is imminent or to the point where the tree poses a significant hazard. Developer: Any person undertaking any development. Development: Any significant man-made change as determined by the City Administration to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, permanent storage of materials, or the dividing of land into two (2) or more parcels. Development includes, but is not limited to the following: a) A reconstruction, alteration of the size, or structural change in the external appearance of a structure on land. b) A change in the intensity of use of land, such as: an increase in the number of dwelling units in a structure or on land: or, a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units or on the land as may be determined by the local government. c) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, or stormwater management facilities, including any "coastal construction" as defined in Section 161.021, Florida Statutes. d) Mining or excavation on a parcel of land. e) Demolition or removal of a structure. f) Clearing of land as an adjunct of construction. 91 Deposit of refuse, solid or liquid waste, or fill on a parcel of land. Multi-family/Commercial Lot: A parcel of land duly subdivided which is zoned as other than a residential lot as defined in this Ordinance. Replacement Tree: Any inmature tree having an overall caliper of at least 4 inches, but said term does not include any 2 ..... """" . tree listed as exempt in Section 14-56. Residential Lot: A parcel of land duly subdivided and zoned for single-family or duplex use. Site Development Plan: The plan which shows all site conditions, all proposed site improvements, and the means by which the developer will conform with the requirements of Article IV of this Ordinance, and other applicable ordinances pertaining to development within the City. ~~ee we~~fty ef ~~e~e~va~~eft ~~ aftY ~~ee wft~eft eaft ~ea~eftab~y be 6e~e~ffi~fte6 ~e ftave a ~effia~ft~ft~ ~~fe ~~aft e~~a~ ee e~ ~~ea~e~ eftaft eftae ef a ~~e~e~e6 ~~~~e~~~e ~fte~~6e6 ~ft a ~~~e ~~aft e~ ~~b6~v~~~eft ~~a~7 e~ aftY ~~ee wft~eft ~~ ~ft~~~e by ~ea~eft ef a~e7 ~~~e7 ~a~~~y e~ ~eae~~ a~ a ~aft6ffia~~ e~ ~~ee~e~ ~~ee~ffieft7 e~ e~fte~ e~e~~aft6~ft~ ~~a~~~y. Specimen Tree: Is any tree which can reasonably be determined to have a remaining life span equal to or greater than that of a proposed structure included in a site plan or subdivision plat; or any tree which is unique by reason of age, size, rarity or status as a landmark; or the following species of trees with the minimum specified diameter at breast height. COMMON NAME BOTANICAL NAME DBH Turkey Oak (Quercus Laevis) 12 inches and larger Other Oak Species (Quercus Spp.) 18 inches and larger Maple (Acer Spp.) 18 inches and larger Sweet Gum (Liquidambar styracflua 18 inches and larger Hickory (Carya Spp.) 18 inches and larger Elm (Ulmus spp.) 18 inches and larger Lobloly Bay (Gordonia lasianthus) 12 inches and larger Sweet Bay (Magnolia virginiana) 12 inches and larger Real Bay (persea borbonia) 12 inches and larger Swamp Bay (persea palustris) 12 inches and larger Sycamore (Platanus occidentalis) 18 inches and larger Magnolia (Magnolia grandiflora) 12 inches and larger Tree: Any woody self-supporting plant characterized by having a single trunk of at least six (6) inches DBH or multi-stem trunk system with well developed crown at least 3 .., ...." fifteen (15) feet high as measured from its base shall be considered a tree with the exception of those listed in section 14.56. Tree Survey: A drawing prepared by a registered surveyor or registered architect to a scale as may be determined by the applicable code, which provides the location, DBH and common name of specimen trees located on a given parcel of land intended for development. Said drawing shall show any improvement, structures or buildings proposed on the development. The tree survey need not encompass contiguous property of the applicant which is not to be included within the actual limits of the area subject to development consideration. See~~eft ~4-54~ P~aftft~ft~ eeffiffi~BB~eft ~ev~ew aft6 a~~~eva~ e~ 6eve~e~ffieft~ B~~eB~ %~ a 6eve~e~ffieft~ ~e~~~~eB B~~e ~~aft a~~~eva~ by ~fte ~~aftft~ft~ eeffiffi~BB~eft7 ~fteft ~~ Bfta~~ be ~ev~ewe6 aft6 a~~~eve6 by ~fte ~~aftft~ft~ eeffiffi~BB~eft ~~~e~ ee ~BB~aftee e~ a ~~ee ~effieva~ ~e~ffi~~~ Section 14-54. Land Development and Regulatory Agency review and approval of development sites. If a development requires site plan approval by the Land Development and Regulatory Agency, then it shall be reviewed and approved by the Land Development and Regulatory Agency prior to issuance of a tree removal permit. Section 14-55. Removal of trees generally. %~ Bfta~~ be ~ft~aw~~~ ee ~effieve7 e~ e~~eee~ve~y ~effieve ~ft~e~~ft 6affia~~ft~7 ffie~e ~ftaft BeVeft~y +~g+ ~e~eeft~ e~ ~fte ftae~ve ~~eeB7 W~~ft a ~e~~-~fteft e~ ~~ea~e~ ~~~ftk 6~affie~e~7 eakeft ~e~~ aft6 efte-fta~~ +4 ~f~+ ~ee~ abeve ~fte ~~e~ft6 eft afty efte ~e~~ Wfte~e ~effieval e~ BeVeft~y +~e+ ~e~eeft~ e~ B~eft ~~eeB w~~l ~eB~le ~ft leBB ~ftaft eweft~y-~~ve +~5+ ~e~ eefte e~ ~fte ~e~ a~ea ~ft e~ewft eeve~7 ~~eeB Bfta~~ ee ~effievea eft~y a~ee~ a~~~eva~~ It shall be unlawful to cut down, move, remove, or effectively destroy through damaging, or to authorize the same unless the removal is authorized by a final development plan or tree removal permit. See~~eft ~4-56~ A~~~~ea~~eft ~e~ ~~ee ~effieva~ ~e~ffi~~~ 4 ~ --- Prier ~e iss~aftee e€ a ~ree remeva~ ~ermi~, ~fie eeve~e~er sfia~~ s~bmi~ a aia~ram eefteaiftift~ ~fie €e~~ewift~~ fa* A sea~e e€ fte ~rea~er ~fiaft efte iftefi e~~a~s ~weft~Y f~9* €ee~ e€ a~~ ~rees ever €e~r f4* iftefies aiame~er a~ €e~r afta efte-fia~€ f4 ~f~* €ee~ abeve efie ~re~fta iaeft~i€yift~ efieir ~eeaeieft afta ~y~e, afta iftaiea~ift~ ~fie8e erees ~e be remevea~ fe* Name, si~ftae~re, aaaress, afta ~e~e~fiefte ft~mber e€~re~er~y ewfter afta 8~rvey ~a~eft~ fe* ~e~a~ aeseri~~ieft e€ ~re~er~y~ fa* Ner~fi arrew, sea~e afta iaeft~i€iea~ieft e€ s~ree~s~ fe* Reaseft €er remeva~ e€ ~rees~ Section 14-56. Exemptions 1) Notwithstanding any other provision of this Ordinance to the contrary, any person may cut down, destroy or replace or authorize removal of one or more trees, whose trunks lie wholly within the boundaries of property owned by said person without obtaining a Tree Removal Permit in accordance with the following: a) Said property is classified (zoned) for single-family or two-family use and a single-family or two-family dwelling or mobile home is located on said property and it is owner occupied, or b) Said property contains Agricultural uses as defined by City codes, or c) Said property contains trees which may have been determined by the City Code Enforcement Officer to be deteriorated as a result of age, hurricane, storms, fire, freeze, disease, lightning or other Acts of God, or d) Said property is within an existing public or private right-of-way or maintenance easement and contains trees which must be removed or thinned to insure the safety of the motoring public and to maintain visibility of oncoming traffic at intersecting public streets or such other trees which may disrupt public utilities, such as powerlines, drainage ways or similar public needs. Provided, however, as may be determined by the Land Development and Regulatory Agency, specimen trees in public or private rights-of-way or utility easements may only be removed 5 "",., ...., upon the issuance of a Tree Removal Permit. Said tree so removed shall be replaced with a replacement tree and the location of said replacement tree shall be as determined by the Land Development and Regulatory Agency, or e) Said property contains trees which are planted and grown for sale to the general public or some public purposes. All licensed plant or tree nurseries and botanical gardens are included in this exemption, or f) The following species of trees are excluded from the removal restrictions of this Ordinance: COMMON NAME Australian Pine Australian pine Brazilian Pepper Chinaberry Citrus Ear Tree Eucalyptus Punk Tree Silk Oak BOTANICAL NAME Causuarina equisitifolia Casurina leipconpholia Schinus terebinthefolius Melia azedarach Sapium sebiferum Enterolobium cyclocarpum Eucalyptus species Melaleuca leucadendion Grevillea robusta Albizia lebbeck Woman's Tongue Seee-i=e8 l4-5~. P~e8e~vae-i=e8 d~~-i=8~ ee88e~~ee-i=eft ef 8-i=ee ~~e~a~ae-i=e8. fat P~-i=e~ ee eeft8e~~ee-i=eft, efie b~-i=lde~ 8fiall e~ee~ ~~eeeee-i=ve ba~~-i=e~8 a~e~ftd all e~ee8 ~e be ~~e8e~ved. ~fie8e ba~~-i=e~8 8fiall eeft8-i=8e ef ae lea8e 8ea~e8 a8d 8e~-i=8~ wfi-i=efi w-i=ll ~~evefte -i=8e~~8-i=eft eft efia~ a~ea w-i=~fi-i=ft efie d~-i=~ l-i=fte ef efie eafte~y ef efie e~ee. fbt B~~~8~ eeft8e~~ee-i=e8, fte 8-i=~ft8, aeeaefimefte8 e~ ~e~m-i=~8 may be aeeaefied ee efie8e e~ee8 ~ftle88 8~efi maee~-i=al8 a~e ~8ed ~e ~~eeee~ aftd ~~e8e~ve ~fie e~ee8. fet All e~ee8 ~e be ~~e8e~ved 8fiall be -i=defte-i=f-i=ea eft 8-i=ee by fia~mle88ly ma~~-i=8~ e~ bafta-i=8~. fdt All e~ee8 ee be ~~e8e~ved 8fiall fiave efie-i=~ 8a~~~al 8e-i=l level ma-i=ftea-i=ftea. ~~ee well8 aftafe~ ~laftee~ -i=8lafta8 8fiall be ~~ev-i=dea -i=f fteee88a~y ee ma-i=ftea~8 efie ftae~~al ex-i=8e-i=ft~ 8e-i=l 6 .. ~ !eve!~. A!! e~~e~~~ ~ft6!! be ffi6ae ~ft~e~~ft ~~6a~ft~ 6fta a~6~ft6~e p!6ft ~e m6~ft~6~ft efte ft6e~~6! a~6~ft6~e e~ ~~eft e~ee~. tet Ne ~~ee~ ~ft6!! be ae~~~ft6~ea ~e~ ~6V~ft~ wft~eft we~!a ~ft~e~~e~e w~eft 6!! p!6ftftea e~ eR~~~~ft~ ~e~!ey ~y~eeffi~7 e~ e~ee~ !ee6~ea ~e 6~ ~e ~ft~e6~eft6b!y ~e~~~~ee aeve!epmefte e~ 6 pe~ffi~eeea ~~e7 e~ e~ee~ eft6e 6~e a~~e6~ea e~ ~ft~e~eea w~eft ~ft~ee~~ ~e 6~ ee pe~e 6 a6ft~e~ e~ ~6!!~ft~. t~t eft ~~eft !e~~ wfte~e fte e~ee~ eR~~e7 ft6e~Ve e~ e~fte~ e~ee~ wft~eft we~!a be eemp6e~b!e w~eft efte ~~ee ~ft e~ae~ ee e~e6b!~~ft 6 eweftey-~~ve t~5t pe~ eefte e~weft eeve~ ~ft ~eft t!9t ye6P~ ~ft6!! be p!6fteea p~~e~ ee ~~~~6ftee e~ ee~e~~~e6~e e~ eee~p6ftey. t~t ~fte ~e!!ew~ft~ ~~ee~ ~ft6!! be eRe!~aea ~~effi ~fte peffiev6! ~e~e~~ee~eft~~ eemmeft N6me Se~efte~~~e N6ffie A~~e~6!~6ft P~fte e6~6~~~ft6 ~pp. P!e~~a6 fte!!y e~ bp6~~!~6ft peppe~ Seft~ft~~ ee~eb~ftefte~e!~~~ Hap e~ee Bftee~e!eb~~ffi eye!ee6~p~ffi eft~ftabep~y Me!~a 6~ea6~6eft Section 14-57. Application for tree removal permit. Prior to issuance of a tree removal permit, the developer shall submit a plan containing the following: (a) A tree survey at a scale no greater than one inch equals twenty feet (1"=20'), or at a scale approved by the Chief Planning Official of all trees over four (4) inches diameter at four and one half (4 1/2) feet above the ground identifying their location and type of all trees to be retained and those groups of trees in close proximity (five feet spacing or closer) may be designated as "clusters" with the estimated total number noted. For purposes of Sec. 14-55 above, this tree information shall be summarized in tabular form on the plan. (b) The location of all existing or proposed buildings, structures, paving, improvements and site uses properly dimensioned and referenced as to property lines, yard setback areas, and spatial relationships. lEl The location of existing and proposed utility services, 7 ..., ...., including utility easements and street rights-of-way. (d) Existing and proposed grades where the use of fill or excavation of soil would affect trees to be retained. (e) Reason for removal of trees. ill Name, signature, address and telephone number of property owner, developer and professional surveyor. ill Legal description of property. ill North arrow and scale. Section 14-58. Specimen tree protection requirements. The following table sets forth the minimum requirements for the protection of specimen trees for all development within the City upon site development plan or subdivision approval. Individual residential lots are to be permitted per Section 14-57 and Section 14-62 (e). No. of Specimen trees Min. Specimen Tree Protection Requirement less than 3 per acre or a portion thereof 80 percent of all specimen trees 3.0 to 5.0 per acre 65 percent of all specimen trees 5.1 to 8.0 per acre 50 percent of all specimen trees 8.1 or more per acre 4 specimen trees per acre Notwithstanding the exemptions of Section 14-56, the developer of a subdivision shall provide legal mechanisms which insure the protection of specimen trees after construction has occurred on the development. Such mechanisms may include, but not be limited to conservation easements, common open space, tree protection easements, deed restrictions and homeowner association documents. Section 14-59. Area Tree Protection Requirements. Fifteen percent (15%) of the square footage of any development shall be designated for the protection of trees. The area required to protect specimen trees may be included to satisfy this requirement. This required area may be constituted as one or more sub-areas within the development. Said area may 8 '-' ..", include any landscape buffer or other landscape areas, that may be required. Such designated areas shall contain sufficient land area to comply with minimum tree protection standards to adequately protect the trees contained within the areas. A minimum of fifty percent (50%) of the required minimum number of trees as proved in Section 14-62 shall consist of existing trees within said area. The Chief Planning Official may provide for a waiver or modification of this requirement if the development contains an insufficient amount of existing trees to meet this requirement or, if a modification of this requirement is warranted by specific on-site conditions. Section 14-60. Relocation of trees. The local government may provide for the relocation of existing trees to suitable areas within the development. Relocation shall be performed in accordance with sound industry practices. Relocated trees shall be planted in landscape buffer areas or parking areas provided with irrigation systems required by the Landscape Ordinance. Relocated trees may be applied toward required new or replacement trees. Section 14-61. Natural vegetation retention areas. Areas of a development may be designated as natural vegetation retention/detention areas indicating that all existing vegetation shall remain undisturbed on the area site. Under this designation, trees which contain sufficient size to meet the minimum replacement size and up to six (6) inches DBH size may be retained as replacement trees. Replacement trees shall be considered protected trees and shall be spaced sufficiently apart to allow adequate growth room for the species. Section 14-62. Preservation and installation during construction or site preparation. (a) Prior to construction, the builder shall erect protective barriers around all trees to be preserved. These barriers shall consist of at least stakes and string which will prevent intrusion on that area within the drip line of the canopy of the tree. (b) During construction, no signs, attachments or permits 9 '-' ~ may be attached to any protected tree. (c) All trees to be preserved shall be identified on site by harmlessly marking or banding. (d) All trees to be preserved shall have their natural soil level maintained. Tree wells and/or planter islands shall be provided if necessary to maintain the natural existing soil levels. All efforts shall be made through grading and drainage plan to maintain the natural drainage of such trees. (e) On such sites where no trees exist, native or other trees which would be compatible with the site in order to establish a twenty-five (25%) percent crown cover in ten (10) years, shall be planted prior to issuance of certificate of occupancy. Single family and mobile home lots shall have a minimum of two (2) trees in the front yard setback and one (1) tree in the rear yard setback, or one (1) tree per 2,500 square feet of lot area, or whichever is greater. If the lot contains an insufficient number of existing trees to meet this requirement, replacement trees shall be provided. Existing trees in side setbacks may be included in landscape requirements. In connection with new construction of any development requiring site plan approval each site shall contain a minimum of one (1) tree for every 1,500 square feet of lot area (rounded to nearest whole number). If the lot contains an insufficient number of existing trees to meet this requirement, replacement trees shall be installed. Section 14-63. Tree survival. Except for any exemptions contained in Section 14-56 of this Ordinance, all trees relocated, replaced, or existing within the terms of this ordinance shall be replaced in the event said trees expire. If the development otherwise meets the minimum requirement of Section 14-58, the Chief Planning Official may waive the replacement requirements. Developers wishing to remove additional trees over and above that shown on an approved site plan may do so with the written approval of the Chief Planning Official if the remaining trees would meet or exceed the requirements of this Ordinance. Sites that would be 10 . . :. '"" '. ..., ....., non-conforming must have an amended site plan meeting the requirements of the Ordinance approved by the Land Development and Regulatory Agency. To insure survival of trees, a developer shall also utilize the provisions of the Tree Protection Manual for Builders and Developers published by the Florida Department of Agriculture and Consumer Services Division. Section 14-64. Stop Work Order The City's Code Enforcement Officer shall provide for issuance of a "Stop Work Order" to any person found in the act of cutting down, destroying, damaging or removing trees in violation of this Ordinance. All work on any development permitted or nonpermitted shall cease on site when a notification to stop work is given per this section and will not recommence until a plan is approved by the Land Development and Regulatory Agency and City Council which mitigates the act providing for the violation in accordance with the penalty section of this Ordinance. Section 14-65. Penalties Failure to obey a "Stop Work Order" will result in a fine of $1,000.00 per day worked or portion thereof in any amount resulting in work continuing on a site in violation of this Ordinance. Trees removed in violation of this Ordinance must be replaced on a one (1) for one (1) basis per inch of caliper at DBH size. (A 20" caliper tree could be replaced by 10 - 2" c a 1 i per t r e e s e qua IIi n g 20" tot a 1 . ) SECTION 2. That all ordinances or parts of ordinances and all resolutions in conflict herewith, be and the same are hereby repealed. SECTION 3. If any section, part of a section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. SECTION 4. This Ordinance shall take effect immediately upon its adoption by the City Council of the City of Edgewater, Florida, and approval as provided by law. This Ordinance was introduced by Counc i lman Fi sh This Ordinance was read on first reading and passed by a vote of the City Council of the City of Edgewater, Florida, and 11 approval as provided by law, at a Regular meeting of said Council held on the 5 day of March , 1990. The second reading of this Ordinance to be at a Regular meeting of the City Council of the City of Edgewater, Florida, to be held on the 19 day of ROLL CALL VOTE ON March , 1990. ORDINA! lENOO. 90-0-7 c-5 Mayor Councilman one One EXCUSED Co wo an -Zone Tw Councilman -Zone Three 7� f `4-6"j Councilman -Zone Four SECOND READING: I This Ordinance read and adopted on second reading at a Qee. /.1 meeting of the City Council of the City of Edge- water— , Florida, and authen 'cated this day of, 1990. M yor This rdina re b City At ey 12