83-O-12ORDINANCE NO. 83-0--1.2--
AN ORDINANCE REGULATING THE REMOVAL AND
PLANTING OF STREET TREES AND TREES ON
PRIVATE PROPERTY; REQUIRING A PERMIT FOR
s THE PLANTING, PRESERVATION OR REMOVAL OF
TREES IN PUBLIC PLACES; PLACING DUTIES ON
''ll OWNERS OF PRIVATE PROPERTY TO PROTECT
✓ GROWTH IN PUBLIC PLACES; REQUIRING A PERMIT
(. ; FOR THE REMOVAL OF TREES FROM PRIVATE PRO-
PER fj; PROVIDING FOR THE PROTECTION OF TREES
F—ROd ABUSE AND MUTILATION; AMID PRESCRIBING
PENALTIES FOR VIOLATION OF ITS PROVISIONS;
CONTAINING A REPEALER PROVISION; A SEVER -
ABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
/- WHEREAS, the City of Edgewater recognizes that trees provide
many advantages to man; inlcuding many esthetic, environmental and
economic amenities, it is declared to be necessary to preserve trees
as a means to protect the value of lands and water quality, and to
assist soil stability, oxygen exchange, noise and air pollution
abatement; and
WHEREAS, these factors relate to the economy of the City and
provide for the health, welfare, and safety of residents and visitors
of the City; and
WHEREAS, it is the intent of this ordinance to provide for the
preservation and protection and to regulate control over the removal,
relocation or destruction of trees.
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
Section 1. This ordinance shall be known and may be cited as
the "Tree Preservation and Protection Ordinance" of the City of
Edgewater, Florida.
Section 2. The intent of this ordinance is, through the pre-
servation, protection and planting of trees to: aid in the stabilize-
tion of soil by the prevention of erosion and sedimentation; reduce
storm water runoff and the costs associated therewith and replenish
ground water supplies; aid in the removal of carbon dioxide and gen-
eration of oxygen in the atmosphere; provide a buffer and screen
against noise pollution; provide protection against severe weather;
aide in the control of drainage and restoration of denuded soil sub-
sequent to construction or grading; provide a haven for birds which
in turn assist in the control of insects; protect and increase
property values; conserve and enhance the City's physical and aesthetic
environment; and enhance the City's physical and aesthetic environment;
and generally protect and enhance the quality of life and the general
welfare of the City.
Section 3. If a development requires site plan approval by the
Planning Commission, then it shall be reviewed and approved by the Plan-
ning Commission prior to issuance of a tree removal permit.
Section 4. Definitions: For the purposes of this ordinance, the
following terms, phrases, words and their derivation shall have the mean-
ings 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.
(a) "City" is the City of Edgewater, Florida.
(b) "Person" is any public or private individual, group,
company, firm, corporation, partnership, association, society or any
other combination of human beings whether legal or natural.
(c) "Removal" is the actual removal or causing the
effective removal through damaging, poisoning or other direct or in-
direct actions resulting in the death of a tree.
(d) "Tree Wort}y of Preservation" is any tree which can
reasonably be determined to have a remaining life span equal to or
greater thanthat 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 species specimen, or other
outstanding quality.
Section 5. It shall be unlawful to remove, or effectively
remove through damaging more than seventy (70%) percent of the native
trees, with a four inch (4") or greater trunk diameter, taken four and
one-half (W ) feet above the ground on any one lot. Where removal of
seventy (70%) percent of such trees will result in less than twenty-
five (25%) percent of the lot area in crown cover, trees shall be removed
only after approval.
Section 6. Application for Tree Removal Permit: Prior to
issuance of a tree removal permit, the developer shall submit a diagram
containing the following:
(a) A scale of no greater than one inch (1"), equals twenty (201)
feet (1" = 20') of all trees over four (4") inches diameter at four and
one-half (4V) feet above the ground identifying their location and type,
and indicating those trees to be removed.
(b) Name, signature, address, and telephone number of property
owner and survey taken.
(c) Legal description of property.
(d) North arrow, scale and identification of streets.
(e) Reason for removal Of trees.
Section 7. Preservation during construction of 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 may
be attached to these trees unless such materials are used to protect
and preserve the trees.
(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) No trees shall be designated for saving which would inter-
fere with all planned or existing utility systems, or trees located so
as to unreasonably restrict development of a permitted use, or trees
that are diseased or infested with insects so as to pose a danger of
falling.
(f) on such lots where no trees exist, native or other trees
which would be compatible with the site in order to establish a twenty-
five (25a) percent crown cover in ten (10) years, shall be planted prior
to issuance of certificate of occupancy.
(g) The following trees shall be excluded from the removal
restrictions.
�.RNIlUQMkhla
Australian Pine
Florida Holly or Brazilian
Pepper
Ear Tree
Chinaberry
SCIENTIFIC NAME
Casaurina Spp.
Schinus Terebinthefolius
Enterolobium Cyclocarpum
Melia Azedarach
Section B. All ordinances, or parts of ordinances and all
resolutions, or parts of resolutions, insofar as they are incon-
sistent or in conflict with the provisions of this ordinance, are
hereby repealed.
Section 9. If any section, part of section, paragraph,
clause, phrase, or word of this ordinance is declared invalid, the
remaining provisions of this ordinance shall not be affected.
Section 10. That this ordinance shall take effect immediately
upon its adoption by the City Council and approval as provided by
law.
This ordinance was introduced by
The first reading of the above ordinance was read, in full, and
passed by vote of the City Council of the City of Edgewater, Florida,
7k -
at((: the meeting of said Council, held on the day of
1983, and approved as provided by law.
The second reading of the ordinance to be at a eeting
of the City Council of the City of Edgewater, Florida, o be held on the
day of , 1983.
ROLL CALL VOTE ON ORDINANCE - 12 AS
FIRST READING: U
MAYM
SECOND READING: (I -
MAYOR �fVT
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CO CILMAN -ZONE ONE
O DOE�
OUNC -ZONE TWO
COUNCI ZONE TWEE
COUNCILMAN - ZONE FOUR