98-O-02
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ORDINANCE NO. 98-0-02
AN ORDINANCE OF THE CITY COUNCIL OF EDGEW A TER, FLORIDA,
AMENDING ARTICLE IV (TREE PRESERVATION AND PROTECTION),
SECTIONS 14-52 (DEFINITIONS) AND 14-62 (PRESERVATION AND
INSTALLATION DURING CONSTRUCTION OR SITE PREPARATION) OF
THE CODE OF ORDINANCES, CITY OF EDGEW A TER, FLORIDA; BY
MODIFYING THE DEFINITION OF REPLACEMENT TREE AND THE
REQUIREMENTS OF CROWN COVER IN SITE PREPARATION;
PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING
FOR ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On January 6, 1998, the Land Development and Regulatory Agency held a public hearing
to consider a request from Joe Martin to amend certain requirements relating to the Article IV (Tree
Preservation and Protection) of the Code of Ordinances. The amendment would modify Section 14-
52 (Deftnitions) and Section 14-62 (Preservation and Installation During Construction or Site
Preparation) .
2. On January 6, 1998 the Land Development and Regulatory Agency recommended
approval by a 7 to 0 vote to amend Section 14-52 (Deftnitions) to modify "Replacement Tree" by
changing the caliper requirement and to amend Section 14-62 (Preservation and Installation During
Construction or Site Preparation) to allow Staff to determine the equivalency (number and type) of
trees to be planted when appropriate.
3. The City Council determined that it is in the best interests of the citizens of Edgewater
to modify these requirements.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edgewater, Florida:
PART A.
AMENDMENT OF CHAPTER 14 (PLANNING AND ZONING
GENERALL Y), SECTION 14-52 (DEFINITIONS) OF THE
CODE OF ORDINANCES, CITY OF EDGEW A TER,
FLORIDA.
Section 14-52 is amended as follows:
Section 14-52. Definitions.
Revlacement tree: Any llnmature tree having an overall caliper of at least four (4) :inches two
and one-half inches (2 1/2") measured six inches (6") above the soil line. ,but the This term
8kaek woaga passages are deleted.
Underlined passages are added.
98-0-02
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., does not include any tree listed as exempt in section 14-56.
PART B.
AMENDMENT OF SECTION 14-62 (PRESERVATION AND
INSTALLATION DURING CONSTRUCTION OR SITE
PREPARATION) OF THE CODE OF ORDINANCES, CITY OF
EDGEW A TER, FLORIDA.
Section 14-62 is amended as follows:
Section 14-62 Preservation and installation during construction or site preparation.
(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) per cent 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 tree in the rear yard
setback, or one tree per two thousand five hundred (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. IR cOflfl0ctioR v;ith Rt;-;/ cORstructioR of any
devclopmeRt requiriRg site pla:n frPproval each site shaY. coBtam a minimum of one tree for
every ORC thoustmd five huRdred (1,500) square feet of lot Mea (rouRded to nearest Vll101c
RUmber). If the lot CORt8:ifls a:n irumfficicnt Rumber of existing trees to meet thi<; requirement,
rcplacem:eRt trees shaY. be installed.
ill In connection with new construction of any development requiring site plan approvaL each
site shall contain a minimum of one (1) tree for everyone thousand five hundred (1500)
square feet onot 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. In the
event it is impractical to install the required number of replacement trees. due to lot size.
building configuration or other impediments. Staff may. at their discretion allow a larger tree
diameter in lieu of the number required as long as the overall caliper requirements do not
change.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extend of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
St:ra.el, f:l:Ir6l:lga passages are deleted.
Underlined passages are added.
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PARTE.
CODIFICA TION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts C through G shall not be codified.
PARTF.
EFFECTIVE DATE
This Ordinance shall take place upon adoption.
PART G.
ADOPTION
After Motion by Councilman Roberts and Second by Councilman Hammond, the vote on the
ftrst reading ofthis ordinance held on March 16 , 1998, was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
After Motion by Councilwoman Lichter and Second by Councilman Hammond, the vote on
the second reading of this ordinance was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
Streck tkreagR passages are deleted.
Underlined passages are added.
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PASSED AND DULY ADOPTED this 6th day of April, 1998.
ATTEST:
8k ek LWough passages are deleted.
Underlined passages are added.
98.0.02
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
R dy G. Alhnan
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Nikki Clayton
City Attorney