HomeMy WebLinkAbout05231994 City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) .589-5330 D FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
AND
PLANNING AND ZONING COIVIMISSION
SPECIAL jOINT WORKSHOP
MONDAY, MAY 23, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBF~S
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON iTEMS
BELOW MAlt' BE iNSPECTED iN THE OFFICE OF THE CiTY CLERK,
CITY HALL, 1225 MAiN STREET, SEBASTIAN, FLOR]DA.
PURPOSE: Review Proposed Tree Ordinance Language
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. WORKSHOP ~TEM
94.122/
93.064/
92.317
Review Proposed Tree Ordinance Language (Index,
5/4/94 Minutes, Director of Community Development
Transmittal dated 4/27/94, Proposed 0-94-05,
Proposed 0-94-06, Homeowners Packet, Cartwright
Letter dated 5/1/94 w/ Proposed Language, Starck
Letter dated 4/29/94 w/ Proposed Language, Jordan
Letter dated 5/17/94)
5. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
INDEX
PROPOSED TREE ORDINANCE
AGENDA PACKET
May 4, 1994 Minutes -
Director of Community
Proposed ordinance No.
Proposed ordinance No.
Homeowners
Cartwright
Pg. Five ....................... PG 1
Development Transmittal ........ PGS 3-4
0-94-05 ....................... PGS 5-?
0-94-06 ....................... PGS 9-22
Packet .................................... PGS 23-30
& EXHIBITS
Proposal .................................. PGS 31-33
Starck Proposal ...................................... PGS 35-54
Jordan Letter ........................................ PG 55
city Council Workshop
May 4, 1994
Page Pive
93. 064
Discuss ProPosed ~ ~ 0-94--05 and
~-9~~' Transmittal date.~ ~ ~
~ ~ 0-94-06. ~omeowller ' s PackeT~
Mayor Firtion suggested T. hat, in light of recently
submitted language amendments, ~he proposed
ordinances be sent back =o Planning and Zoning.
City Council discussion followed. The Direc~cor of
Community Development noted T. he options suggested in
~_he language submitted by a resident had been looked
at before by a previous City Council.
Donna Starck, 541 Melrose Lane, Sebastian, addressed
City Council on her submitted language amendments and
read a prepared statement.
Mr. Oberbeck was excused from 9:27 p.m. to 9:29 p.m.
TAPE II - SIDE II (9:33 p.m.)
Ms. Starck continued her prepared statement.
Wally Kramer, Micco, spoke on the menace of location
of pine trees adjacent to homes.
Charles Stachel, 1698 Coral Reef Street, Sebastian,
urged returning the ordinances to Planning and
Zoning to prevent clear cutting.
City Council discussion followed.
94.123
Following some discussion, it was ~he consensus of
of City Council to conduct a workshop with Planning
and Zoning. The City Manager said staff will
schedule the meeting and come back to City Council
wi~h a recommendation.
¢City ~ Transmittal
Norris Letter ~ ~ Draw~nqs)
The City Attorney said only a general consensus was
needed at this time and that an agreement will be
brought back with an indemnification clause. City
Council concurred and the City Manager said the
appropriate documentation would be brought back to
City Council.
5
City of Sebastian'
1225 MAIN STREET D SEBASTIAN, FLORIDA 32958
TELEPHONE (407) S89-5330 13 FAX (407) 589-5570
SUBJECT: ORDINANCE 0-94-05 AND
0-94-06 REGARDING TREE PROTECTION
ORDINANCE
Approval For Submittal By:
City Manager
) Dept. Origin: Community D~ve~opment
)
) Date Submitted: 04/27/94
)
) For Agenda Of: Q5/04/94.
)
) Exhibits:
) 1. Ordinance 0-94-05
) 2. Ordinance 0-94-06
) 3. Homeowner's Packet
)
( BC,~
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
N/A N/A N/A
SUMMARY STATK~$NT
At its regular workshop meeting of July 7, 1993 the City Council reviewed the
third draft of the tree protection ordinance and sent it to the City Attorney
for preparation of an ordinance.
Ordinance 0-94-05 amends the landscape ordinance in order not to be in
conflict with the tree protection ordinance (0-94-06).
The following items are the basic changes to the tree protection ordinance:
The elimination of specimen trees (20 inch in diameter or greater) to
obtain approval from City Council prior to removal.
Minimum of I 1/2 inches in diameter, measure between 4 and 6 feet above
the grade, for any trees to meet the minimum requirement for residential
construction.
A homeowner's packet relating to the protection of trees during land
preparation for construction.
Page 2
!
Since there is a new member of City Council and the time delay to have this
ordinance for first reading, .staff felt =hat it was necessary to place this
back on the workshop meeting for any corrections. ·
~ECOMMENDED ACTION.
Move to set the first reading for Ordinance 0-94-05 and Ordinance 0-94-06 on
May
25,
1994 and public hearing for June 8, 1994. ·
ORDINANCE NO. 0-94-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY,'FLORIDA, AMENDING A~TICLE XiII,
OF THE LAND DEVELOPHENT CODE OF T~ CITY OF
SEBASTIAN, PERTAINING TO LANDSCAPE
REGULATIONS, BY DELETING PORTIONS OF SEC. 20A-
13.2; PROVIDING FOR THE REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Sebastian City Council has adopted
Ordinance 0-93-06, pertaining to tree protection within the City of
Sebastian, and being applicable to all real property located within
.the City of Sebastian; and
WHEREAS, the provisions of Ordinance 0-93-06 are duplicitive
of the requirements of Article XIII, Sec. 20A-13.2 of the Land
Development Code of the City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Sebastian, Indian River County, Florida, as follows:
SECTION 1. Landscape _Requlations %Dend~. Article XIII,
Sec. 20A-13.2, of the Land Development Code of the City of
Sebastian, pertaining to the applicability of the landscape
regulations is hereby amended as follows:
"Sec. 20A-13.2. Applicability.
For all new construction other than single-family or two-
family residences, the minimum standards for landscaping set forth
in this article shall be applicable to all storage, parking,
display, sales or accessory vehicular use areas when created or
used in conjunction with new construction,
enlargement requiring updated code compliance."
remodeling or
Section 2. CONFLICTS. All ordinances or
ordinances in conflict herewith are hereby repealed.
parts of
Section 3. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City of
Sebastian, Florida; %hat the sections of this ordinance may be
renumbered or relettered to accomplish such intention; and%he word
"Ordinance" may be changed to "Section," "Article" or other
appropriate designations.
Section 3. SEFERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this ordinance is invalid or unconstitutional, the remaining
provisions of this ordinance shall not be affected and it shall be
presumed that the city Council of the City of Sebastian did not
intend to enact such invalid or unconstitutional provision. It
shall further be assumed that the City Council would have enacted
the remainder of this ordinance without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
~9_G~=~D_~. EFFECTIVE DATE. This ordinance shall become
effective immediately upon its adoption.
The foregoing ordinance was moved for adoption by Council-
member
Councilmember
vote, T.he vote was as follows=
The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared ~his ordinance duly passed and
adopted this day of , 1994.
CITY OF ~EBABTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
ordinance was published in the Yero Beach Press Journal as required
by State Statute, that one public hearing was held on this
ordinance at 7:00 p.m. on the __day of , 199 , and
the following said public hear-lng this ordinance was passed-~y the
City Council.
Kathryn M. O'Halloran, CMC/AAE
city Clerk
Approved as to form and content:
Charles Ian Nash, City Attorney
ORDINANCE NO. 0-94-06
AN ORDINANCE OF THE CITY OF SEBASTIAN. INDIAN
RIVER COUNTY, FLORIDA, AHENDiNGARTICLE XIV OF
THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN. PERTAINING TO TREE PROTECTION, IN
ITS ENTIRETY; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES INCONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission for the City of
Sebastian has met and approved the proposed amendment to the
existing Tree Protection Ordinance for the City of sebastian; and
WHEREAS, the City Council has determined that the proposed
amendment to the Tree Protection Ordinance of the City of Sebastian
is in the best interest of the citizens of the City of Sebastian
and will promote public health, safety and welfare, through better
control of flooding, soil conservation, air pollution, and noise;
by encouraging reduced energy consumption; by conserving water; and
in general make the City of Sebastian a healthier, safer, and more
beautiful place in which to live.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. TREE PROTECTION ORDINANCE AMENDMENT. Article XIV
of the Land Development Code of the City of sebastian, pertaining
to tree protection, is hereby amended in its entirety, as follows:
"Sec. 20A-14.1. Purpose, intent and applicability.
A. Purpose. The purpose of this article is to establish
protective regulations for trees within the City in order to:
1. Better control problems of flooding, soil
3. Conserve water; and
4. Make Lhe City a healthier, safer, and more
beautiful place in which to live.
B. Intent. The intent of this article is to encourage the
protection of a maximum number of trees. It is further the intent
of this article to encourage, in particular, the protection of
native trees of the City.
C. Applicability. This article shall apply to all real
property lying within the City, except:
me
Public protection - If any tree shall be determined
to be in a hazardous or dangerous condition, so as
to endanger the public health, welfare or safety
and requires immediate removal without delay,
verbal authorization may be given by the director
and a written per, it shall be issued after the
fact.
State of public emergency - During the period of an
emergency, involving natural disasters such as a
hurricane, tropical storm, wind storm, freeze,
flood or any other act of God, the requirements of
this article may be temporarily waived by the City
Manager, or designee, so that the requirements of
this article will in no way hamper private or
public efforts to restore order in the city.
Nurseries - All licensed plant or tree nurseries,
or active groves shall be exempt from the terms and
provisions of this article. This exemption,
however, only relates to those trees planted and
growing on'the premises of the licensee, which are
so planted and growing for the purpose of sale to
the general public, or otherwise in the ordinary
course of the licensee's business.
All trees classified as prohibited or undesirable
exotics according to Section 20A-14.17.
"Definitions".
Tree removal by public utilities as necessary to
fulfill their function.
Sec. 20A-14.2. Administration.
Environmental Administrator. The Director of Community
Development shall be the Environmental Administrator, and shall be
responsible for administering the provisions of this article and
2
shall direct, regulate and control the protection of all trees
growing now and hereafter in T_he City.
Sec. 20A-14.3. Tree protection prior to development.
A. Destruction approval. TO. prevent the unnecessary
destruction of trees on vacant, platted lot(s) where a building
permit or subdivision approval has not been issued, the destruction
of any tree(s), on any one parcel of real property within the city,
shall be prohibited, without first obtaining a permit as required
within this article.
B. Land Clearing or Grubbing. It shall be unlawful to clear
or grub land within the City without first having obtained a permit
as provided in this section.
C. Tree replacement. All trees that are illegal removed, or
effectively damaged causing decline and eventual destruction, shall
be replaced in accordance with Section 20A-14.15.
D. Replacement cost. The cost of replacing tree(s)s shall
be incurred by the party that damaged or removed the tree(s).
2. Single-family and two-family requirements. Prior to a
building permit being issued for a single-family or two-family
residence, the applicant shall indicate the minimum number of
trees, pursuant to Section 20A-14.4 (B) (1) (g) of this Article. All
trees that.are retained or installed to meet this requirement shall
be verified prior to the issuance of the Certificate of Occupancy.
Sec. 20A-14.4. Application for Permits.
A. This section shall apply to all new single-family & two
family properties. For all new construction other than single-
family or two-family residences, the minimum standards set forth in
Article XIIi shall apply. Also, any person desiring a permit to
clear, grub or otherwise similarly disturb property within the city
limits of Sebastian shall make written application to the
department on proper forms provided by the director.
The application form must be accurately completed and signed.
The applicant/contractor and owner, if other than applicant, must
acknowledge an awareness and understanding of the requirements of
this article, relating to the protection of trees during land
preparation for construction and construction activities. The
completed application shall be submitted with a filing fee as
established by, resolution by, the City Council. The application
shall be reviewed by the director or designee, and signed
signifying approval, approval with modifications, or denial based
on the pertinent criteria set forth in Section 20A-14.10.
"Criteria for Permit Issuance".
Permit applications and procedures.
A completed "Application for Land Clearing, Grubbing, or Tree
Removal~ form shall be required before any work is done on any lot.
The application shall be accompanied by a survey, which may be
prepared by ~he contractor, and any of ~he following information
and documentation deemed appropriate, as described below:
1. Land Clearing or Grubbing.,
A legible, scaled drawing showing property
boundaries, physical or natural features, and
limits of ~he proposed work;
A statement or,he purpose for clearing and/or
grubbing;
A general description of existing vegetation,
topography, and any surface waters present;
A description of the method of debris
disposal;
.e.
A description of the method(s) of soil erosion
and sedimentation control to be undertaken
during earthwork activities and the means and
ti~ing of soil stabilization subsequent to the
completion of the clearing and grubbing
activities.
f. Trees to be retained.
......... ~..,.g ..... L.;T~:92~i. Aimu~...o~_umber of.trees shall be according
to the lot size, noted below. The minimum
height of each tree must be at least six feet
(6') and having a minimum one and one-half (1
1/2) inch diameter measured between four (4) &
six (6) feet above the grade level.
Exception: Citrus trees may be used provided
that none is less than four (4) feet in
height, and shall not exceed three (3) or 25%,
whichever is greater, of the required minimum
number of trees on the lot.
¸.
MINIMUM TREE REQUiREME~S FOR
RESiDENTIAL BUILDING LO~S
Lot Size:$~uar~Feet Minimum Number ~f.Trees
To 9,999
10,000 To 15,999
16,000 To 19,999
20,000 To 29,999
30,000 To 39,999
40,000 To More
Five (5) Trees
Seven (7) Trees
Twelve (12) Trees
Fifteen (15) Trees
Eighteen (18) Trees
Twenty (20) Trees
If trees must be added to the lot to conform with
the requirements of this article, trees shall be
supplied meeting:
(1)
Florida Grade Number i or better nursery
standards established by the State of
Florida Department of Agriculture and
Consumer Affairs.
Sec. 20A-14.5. Prohibitions.
A. It shall be unlawful to remove (as defined in Section
20A-14.17. "Definitions"), cut down, damage, poison or in any
other manner destroy or cause to be destroyed any trees or
mangroves covered by the terms of this article, except in
accordance with the provisions of this article. All mangrove
trimming or removal activities are subject to state permitting
procedures.
B. Attachments. it shall be unlawful to attach anything to
a tree trunk or stem other than protective bindings, braces or
other similar noninjurious materials.
C. Prohibited or undesirable exotic trees and assessment of
costs for removal.
No person shall plant, or cause to be planted or
permit to be planted anywhere within the corporate
limits of the city of Sebastian, including any
public street or right-of-way, the following trees:
A. Ear Tree (Enterolobium cyclocarpum);
B. Chinaberry (Melia azedarch);
C. Australian Pine (Casuarina spp.);
Punk Tree or Cajeput Tree (Melaleuca
quinquernervia or Melaleuca leucadendron);
Brazilian Pepper (Schinus terebin~hifolius).
Sec. 20A-14.6.
Whenever T_he director, after investigation,
determines ~hat any one of ~he prohibited or
undesirable trees has been planted within~he City,
~he director shall, within ten (10) days, cause to
be served upon the owner or occupant of the real
property upon which ~he subject trees are located,
notice that such trees are in violation of this
section.
if after service of the notice provided for herein,
and following any requested hearing provided for
herein, it is determined that a violation does in
fact exist, the property owner shall thereafter
have fifteen (15) days in which to remove the
tree(s), or the director, shall have the trees
removed and charge the costs of removal thereof to
the real property owner.
Individual Tree Removal permit requirement.
No person, directly or indirectly, shall cut down, destroy,
remove, relocate or effectively destroy through damaging, any tree
situated on any property, or clear any lot or acreage located
within the City, without first obtaining a permit as provided in
this article.
Sec. 20A-14.7. Tree removal permit exemptions.
Prohibited or undesirable trees, as defined in Sec. 20A-14.17.
"Definitions", must be indicated on the survey but are considered
prohibited trees (or undesirable exotics) and are subject only to
a verification inspection by the department ~rior to removal.
Sec. 20A-14.$. Application for individual tree removal permit
other than new construction.
A. Permit Requirement. Permits for removal, relocation or
replacement of individual trees or groups of trees covered in this
section shall be obtained by making application for permit to the
director.
B. The application shall be accompanied by a written
statement indicating the reasons for removal, relocation or
replacement of trees and one (1) copy of an accurate and legible
Site Plan, drawn to the largest practicable scale, to show the
following:
Location of the tree(s) that are being removed or
relocated.
Sec. 20A-14.9.
Location of the trees remaining or replaced to meet
the minimum requirements of Section 20A-14.4 B i g.
Permit Fee.
Anon-refundable permit fee, to be 'established by resolution
of the' City Council, shall be applied to each acre or fraction
thereof to be inspected. Such a fee is deemed necessary for the
purpose of processing the application and making the necessary
inspection for administration and enforcement of this article.
Sec. 20A-14.10. Criteria for permit issuance.
The issuance of a "Land Clearing, Grubbing or Tree Removal"
permit by the director, as required by this Article, shall be based
on the following criteria:
The need for vegetation removal on the property for
purposes of land surveying or land preparation for
development or other economic uses;
Whether protected trees either do not exist on the site,
or do not need to be removed for construction purposes;
Pose a safety hazard to pedestrian or vehicular traffic
or, due to proximity to existing or proposed structures,
threaten to cause disruption to public services and
public easements;
Pose a safety hazard to buildings;
Are diseased trees or in condition weakened by age,
storm, fire, insect attack or other injury that pose a
danger of falling and a safety hazard to people,
buildings or utilities and other improvements on lot or
parcel of land;
The extent to which tree removal is likely to result in
damage to the property of other owners, public or
private, including damage to lakes, ponds, streams, or
rivers, through runoff or erosion;
Topography of and relief to the land where the tree or
mangrove is located and the future effect of tree removal
on erosion, soil moisture retention and the diversion or
increased or decreased flow of surface water, and
coordination with the city master drainage plan or
similar plans adopted by City Council;
7
Good forestry practices, i.e., ~he number of healthy
trees that a given parcel of land will support, and the
number and density of trees and mangroves existing
elsewhere within the neighborhood, on improved or
unimproved property;
Necessity %0 remove~rees in order to construct proposed
improvements to allow economic use of the proper~y.
J. Whether the tree has been designated a historic tree.
k. The species and size oft he tree(s) proposed for removal;
The exWcent of any damage or hardship which would result
to the applicant from a denial of the requested permit.
Sec. 20A-14.11. Application review.
A. General Review Procedures. The director shall act as
soon as practicable but shall have no more than ten (10) working
days after receipt of an application filed pursuant to this section
~-in which to grant or deny the requested permit. If the director
denies an "application, the reason(s) for such denial shall be
specified to the applicant in writing.
B. Site plan requirement. In the case where a site plan is
to be submitted, the application shall be submitted
required
simultaneously as part of the site plan application, and the time
of approval shall be..the same as required for site plan review.
Sec. 20A-14.12. Appeal from denial of permit or other action
of the director, penalty, and remedy.
bY a decision of the
director made pursuant to this artzcle may appeal to a quorum of
the planning and zoning commission sitting as a grievance board.
Final appeal may be achieved by appearance before the City Council
or a civil court, as provided by Sec. 20A-14.12.C.
B. Penalty. Violation of any of the provisions of this
article or the conditions of a permit issued hereunder shall be
unlawful, any person violating any of the provisions of this
article or the conditions of a permit issued hereunder shall, upon
conviction, be punished as provided in Section 1-10 of the City
Code of Ordinances, and until such violation is rectified, the
building and/or land clearing permits issued in accord with site
plan and tree protection plan approvals shall be rescinded.
.Further..,~.~.whene~er~ ~..~.~i0.1ation,.shall..be determined to exist, the
building and/or 'land clearing permits issued in accord with site
plan and tree protection plan approvals shall be rescinded and
d~velopmen~ work o? the proPerty.shall, be sto~ped until the
v~olation is rectified and the permit(s) is/are reinstated by the
City. In any appeal under this article, each individual tree or
mangrove so removed, damaged or destroyed, will constitute a
separate offense.
C. Civil remedy available. In addition to ~--he penalties
provided inn Section 1-10 of the City's Code of Ordinances, any
person who violates any provisions of this article shall:
1. Forfeit and pay to the City a civil penalty equal
to the total value of those trees or mangroves
illegally removed or damaged ~s computed by the
international Society of Arborlculture Shade Tree
Value Formula. Such sum shall accrue to the City
and may be recovered in a civil action brought by
the City. Such sum so collected shall be placed in
a fund for the tree bank or city street tree
program, both established by resolution of the City
Council, and shall be expended for the purchase of
trees for replacement in public properties within
the City.
Replacement of illegally removed trees or mangroves
may be required as restoration in lieu of money.
This replacement will be computed on an inch-for-
inch basis, according to the total inches at DBH of
all illegally removed trees.
A combination of money and tree and/or mangrove
replacement may be required.
D. Other remedy. No person shall remove, cut down, damage,
poison or in any other manner destroy or cause to be damaged or
destroyed any tree or mangrove in violation of this article. In
the event of any such violation, or imminent threat thereof, the
City Manager or designee, in addition to any other remedies
provided by law, may institute a suit or injunction to prevent or
terminate such continuing violations. Each day any violation of
any provision of this article or of any ordinance shall continue
shall constitute a separate offense, except that in any case where
the violation consists of a discrete act or failure to act, each
violation shall constitute a separate offense.
Sec. 20A-14.13. Duration of permit.
Any permit issued by the City pursuant to the requirements of
this article shall expire if the work authorized by the permit is
not completed within six (6) months of the date of permit issuance.
The holder of such an expired permit may apply for re-issue within
thirty (30) days of such expiration, and the director, at his/her
discretion, may cause the permit to be re-issued, waiving the fee
therefore. Alternatively, application for a new permit must be
made.
9
Sec. 20A-14.14. Tree Relocation by ~he City or the County.
Where =he applicant for a permit has authorized ~he Ci=y to
enter upon his property and remove a tree or mangrove, the CitY
shall have the op=ion to relocate ~he tree or mangrove, at ~he
City's expense, to publicly owned property. If ~he City does not
elect to relocate such tree or mangrove, it may give the County the
right to. acquire sUch tree or mangrove .at the County's expense, for
relocation on other public land within the County. The relocation,
either by the City or ~.he County, shall be accomplished in fifteen
(15) working days of the issuance of the permit to the owner.
Should the City or County fail to remove the tree or mangrove
within the fifteen (15) working-day period, the permit holder shall
be allowed to proceed as. provided in the permit.
Sec. 20A-14.15. Tree replacement for illegally removed trees, i
A. Conditions and specifications for all tree replacement
requirements. I
1. Characteristics· The replacement tree(s) shall
have at least equal shade potential, screening
properties, and other characteristics comparable to
that of the tree(s) for which a removal request has
been submitted.
Size. Replacement of illegally removed tree(s)
shall meet a size requirement providing for a
standard of one-inch (1") DBH removed, unless
otherwise agreed upon by both the director and the
applicant. Any number of trees may be utilized to
meet the inch-for-inch requirement, provided that
acceptable spacings and design are maintained.
Species. The city may require that the species of
the replacement tree(s) be the same as those for
which removal is being requested, or may require
such replacement trees to be of a species native to
the East Central Florida area. Acceptable exotic
or "naturalized" tree(s) and palms may be used to
meet replacement requirements. A list of species
which meet these requirements is available from the
department.
Minimum standards. At the time of planting, each
replacement tree must have a minimum overall height
of ten feet (10') and a minimum trunk diameter of
two inches (2") measured .six (6") inches above
grade level. Ail such trees shall be of Florida
Department of Agriculture Nursery Grade Standard
(quality) Number i or better.
10
Waivers of replacement tree(s) specifications. The
planning and zoning commission may waive the
species, size or Minimum standards specifications
if the applicant can demonstrate tha~ ~he current
market conditions are such tha~ tree(s) meeting
these specifications are not readily available.
Substitute tree(s) allowed unde= this waiver
sect/on must have the approval of the director.
Sec. 20A-14.16. Establishment.
A. Any and all trees planted, replaced or relocated in
compliance with this article must be maintained in a healthy,
living condition after planting. Replacements that have not become
established, have declined to an unhealthy condition to such a
degree that survival is not probable, or have died, must be
replaced. Such replacements must continue un~il a tree is
established at the approved location, or if repea~ed failures or
other factors indicate that ~he specified location is unsuitable,
at a location approved by the director.
'Sec. 20A-14.17. Definitions.
The following words and phrases, when used in this article,
shall have the meanings respectively ascribed to ~hem in this
section:
City shall mean the incorporated City of Sebastian, Indian River
County, Florida.
City Manager shall mean the City Manager or designee authorized to
perform one or more of the duties of the City Manager, pursuant to
this article.
Crown shall mean all branch parts including all stems, twigs and
foliage.
Department shall mean the Community Development Department.
Diameter At Breast Height (DBH) shall mean the standard measurement
of the diameter, in inches, of a single-stemmed tree measured at
four-and-one-half (4 1/2') feet above grade. The DBH of a multi-
stemmed tree shall equal the sum total of the diameter of all stems
measured at 4 1/2' above grade.
Director shall mean the Director of the community Development
Department, or an employee authorized by the Director to perform
one or more of the duties of the Director, pursuant to this
article.
Dripline shall mean an imaginary line along the ground which
conforms to the perimeter of the crown of a tree as projected
11
verti, cally to ~he ground.
Existing Diameter At Breast
diameter measured in inches
protected trees existing on a site prior to the beginning of
development on the site. EDBH shall not include any trees
determined by the director to be a prohibited species, dead or in
a declining condition, which would warrant their removal.
Height (EDBH) shall mean the total m
· at 4 1/2' feet above grade of all
Hazardous Tree shall mean a tree that, in the opinion of the
director, constitutes a hazard to life or has a significant
potential to cause injury to persons or damage to property as the
tree is in i~minent danger of falling, or is otherwise considered
bya representative of the department to be or to create a hazard.
(i.e., a dead, diseased, broken, split, cracked, leaning and
uprooted trees). A hazardous tree shall also include a tree
.harboring communicable diseases or insects.
Historic Tree shall mean a tree(s) which has been found to be a
notable historic interest to the City, because of its age, type,
size or historic association with the community and has been so
designated by resolution of the City Council, and the City Clerk
shall keep apermanent record of all trees so designated.
Land Clearing shall"m~n"'theremoval by any means of any type of
vegetation or trees from land.
........... -i-M~grov~-~Ti~'~ah~any.~"ori.~all'of theprotected species ofa~uatic
woody plants listed by the State of Florida'DePartment of Natural
Resources and the Department of Agriculture and Consuer Affairs.
Native Vegetation shall mean any and all plant and tree species
that are indigenous to the City of Sebastian.
Prohibited or Undesirable Exotic Trees shall mean the five tree
species, that if present on the site are considered to be
prohibited trees (or undesirable exotics) and are subject only to
a verification inspection by the department prior to removal.
Under no circumstances shall any of the named tree species be
deliberately introduced into the City and planted on public or
private property; and any such action shall be deemed a violation
of..this...article~and shall be cause for assessment of penalty and
.damageS~'for~ubs~4e~._~r~ovalagainst said violator:
A. Ear tree (Enterolobium cyclocarpum);
Grubbing shall mean the removal of any type of rooted vegetation
from land by digging, raking, dragging or otherwise disturbing the
roots of such vegetation and the soil in which such roots are
located.
C. Australian pine (Casuarina spp.);
Punk tree or cajeput tree (Melaleuca quinquernervia or
Melaleuca leuoadendron);
Brazilian pepper (Schinus terebinthifolius)
Protected Tree shall mean any tree of five (5) inches DBH (15.7
inches in circumferenoe) or greater, ~hat is not o~herwise exempted
herein.
Protective Barrier shall mean a physical structure, composed of
material complying wi~hthe specifications and requirements or,his
article which effectively limits access to a protected area.
Remove or Removal shall mean any act which will cause a tree to be
damaged, decline or die within a period of eighteen (18) months,
e.g., damage inflicted upon the root system by heavy machinery, or
by changing the natural grade above the root system or around the
trunk; damage inflicted on the tree, by excessive pruning or the
· application of any chemical, which permits infection or pest
infestation or causes poisoning; or damage caused by other direct
or indirect actions, including paving with concrete, asphalt, or
other impervious material to within two (2) feet of the outside
diameter of a tree. The terms "Remove or Removal", when applied to
a mangrove shall mean the actual removal or causing the effective
removal through damaging, poisoning or other direct or indirect
actions resulting in death or decline of a mangrove, and shall also
mean the removal of any part of a mangrove plant through pruning,
trimming, cutting, mowing or other direct or indirect actions
resulting in the removal of any part of a mangrove plant.
Root Pruning shall mean the cutting of tree roots for the purpose
of moving a tree or facilitating nearby construction or
landscaping.
Topping shall mean the removal of vertical leader stems on trees 5"
DBH or greater.
Tree shall mean any self-supporting and erect, standing woody plant
having at lease one well-defined stem, which together with its root
system, is of a species which normally attains a minimum overall
height at maturity of at least six (6') feet in the Sebastian
service area, and shall include, but not be limited to the region
appropriate species listed and on file with the City Clerk, as
adopted by resolution of the City Council and revised as required,
from time to time.
Undesirable Tree (See Prohibited or Undesirable Tree.)"
13
SECTION 2. Conflict. All Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
SECTION 3. Severabilitv. In the event a cour~ of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend =o enact such
invalid or unconstitutional provision. It shall further be assumed
that the City council would have enacted the remainder of this
Ordinance without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
SECTION 4. ~odifi~at/on. It is the intention of the City
Council of the City of Sebastian, Indian River county, Florida, and
it is hereby provided that the provisions of this Ordinance shall
become and be made a part ~o the Code of Ordinances of the City of
Sebastian, Florida; that the sections of this Ordinance may be
renumbered or relettered =o accomplish such intention; and the word
"Ordinance" may be changed to "Section," "Article" or other
appropriate designations.
SECTION 5. Effective Date.
i~ediately upon final passage.
This Ordinance shall take effect
The foregoing Ordinance was moved for adoption by Council
Member
. The motion was seconded by Council
Member
and, upon being put to a vote, the
vote was as follows:
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Freeland
Council Member Frank Oberbeck
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1994.
CITY OF SEBASTIAN
By:
Arthur L. ~f~'~on, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
Approved as to form and content:
Charles Ian Nash, City Attorney
14
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~
FAX
(407)
589-5570
TREE PROTECTION HOMEOWNERS PACKET
CITY OF SEBASTIAN
The purpose and intent of the Sebastian Tree Protection Code
is to encourage the preservation of native trees and
vegetation on lots which will, in turn, preserve the wildlife
which is native to our City. This will reduce the final cost
of landscaping and will enhance the beauty of the home.
However, the City does recognize that certain conditions will
warrant the removal of trees. In that respect, you, as a
homeowner, are being provided with information to assist you
in making wise decisions regarding the preservation of your
trees.
Properly planned home landscaping does more than just please
the eye. There are many large and small enhancements you can
make to lend a personal touch to your home's exterior, while
adding to the beauty and energy efficiency of your residence.
Through wise planning, you can help save money on your energy
bills while adding to the beauty and value of your home.
The following information is included in this packet:
Page
Tree Protection Code Summary
Tree Protection During Construction
List of suggested trees for planting
Reference material on file in Community
Development Department
Plant the Riqht Tree in the Right Place
by FPL
Landscape Planninq by FPL
3 - 4
5 - 6
7 - 8
Attached
Attached
PROTECTION COD~
By definition, a tree is any tree of five (5) inches in
diameter or greater measured between four (4) and six (6)
feet above grade level.
MINIMUM TREE REQUIREMENTS FOR
RESIDENTIAL BUILDING LOTS
0 to 9,999
10,000 to 15,999
16,000 to 19,999
20,000 to 29,999
30,000 to 39,999
40,000 or more
Sq. Ft ......... 5 Trees
Sq. Ft ......... 7 Trees
Sq. Ft ........ 12 Trees
Sq. Ft ........ 15 Trees
Sq. Ftl ....... 18 Trees
Sq. Ft ........ 20 Trees
Credit for existim9 trees will be allowed based on a one-tree
for one-tree basis. However, if trees must be added to the
lot to conform to the' aboWe.;.requirements, the following
regulations will apply:
1. Minimum overall height of six feet (6')
anaa~.min~imUm._~r~nk~diameter of one and
one-half inch (1 1/2") measured at four
to six feet (4' to 6') above grade level.
Exception: Citrus trees may be a minimum
overall height of four feet (4'), and shall
not exceed three (3) or 25%, whichever is
greater, of the required minimum number of
trees on the lot.
7.1
~. Tr'e~c~ gng
Source: Tlm Elder, Indian River Countg Forester
Source: ~im Elder, Indian River CounCg Forester
TREES FOR P~[a&NTTNG TN C.B:IqTR,~ FLORIDA*
Size
Blue Beech
Bottlebrueh
Southern Red Cedar
Cherry Laurel
S Crabapple
L Bald Cypress
S Flowering Dogwood
M Florida EI~
Scientific Name
Carpinus caroliniana
Callistemon rigidus
Juniperus silicicola'
Prunus caroliniana
Ma/us angustifolia
Taxodium distichum
Comus florida
U/muD americana var. floridana
Winged Elm Dlmus elate
Golden Rain Tree Koelreuteria formosana
Backberry Celtis laevigata
American Bolly Ilex opaca
Dahoon Bolly
Jerusalem Thorn
Loblolly Bay
Southern Magnolia
Red Mangrove
Red Maple
Red Mulberry
Wax Myrtle
Laurel Oak
Live Oak
Cabbage Palm
Pindo. Palm
Senegal Date Palm
Washington Palm
Sand Pine
N. Fl. Slash Pine
M Tulip Poplar
M Chickasaw Plum
M Redbud
L Sweet Gum
L Sycamore
L Black Walnut
Ilex caseins
Parkinsonia eculeata
Gordonia lasianthus
Magnolia grandiflora
Rhizophora mangle
Acer rubrum
Morus rubra
Myrica cerifera ,
9uercus laurifolia
Quercus virginiana
Sabal palmetto
Butia capitata
Phoenix reclinata
Washingtonia robusta
Pinus clausa
Pinus elliottii var. elliottii
Liriodendron tulipifera
Prunus angustifolia
Cercis canadensis
Liquidambar styraciflua
Paltanus occidentalis
Juglans nigra
S = Small Mature Size (up to 20 feet in height)
M = Medium Mature Size (20 feet to 60 feet in height)
L - Large Mature Size (60 feet to 100 feet in height)
*Central Florida - Ocala south to Punta Gorda and Fort Pierce
Better suited for this area.
Source: Tree Protection Manual for Builders and Developers
by Department of Agriculture & Consumer Services,
Division of Forestry as edited by Tim Elder, Indian
River County Forester
FOR PLANTING ][lq NORTH FLORIDA*
Mature
Size Common Name
Scientific Ns~e
Blue Beech
Bottlebrush
Southern Red Cedar
Cherr~y Laurel
Csrpinus carolinians
Callistemon rigidus
Juniperus silicicola
Prunus carolinians
Crabapple
Bald Cypress
Flowering Dogwood
Florida Elm
Malus angustifolia
Taxodiu~ distichum
Comus florida
Ulmus americana var. floridana
Winged Elm Olmus elate
Golden Rain Tree ~oelreuteria formosans
Hackberry Celtic laevigata
American Bolly Ilex space
Dahoon Boll~
Bophornbeam
Jerusalem Thorn
Loblolly Bay
Ilex ca.sine
Ostrya virginians
Packinsonia aculeata
Gordonia lasiantbus
L Southern Magnolia Magnolia grandiflora
L Red Maple Acer rubrum
M. Red Mulberry Morus rubra
S Wax Myrtle Myrica cerifera
Laurel Oak
Live Oak
Cabbage Palm
Pindo Palm
Quercus laurifolia
Quercus virginians
Sabal palmetto
Butia capitata
',' L'Y.'- ......... WaShi~gt°'n Palm .,~.,iWaahingtonia robusta
L Pecan Carya illinoensis
M Sand Pine Pinus clause
L N. Fl. Slash Pine Pinus elliottii var. elliottii
L TUlipPoplar ............ Liriodendron tulipifera
M Chick.asaw Plum Prunus angustifolia
H Redbud Cercis canadensis
M Silverbell Hale,ia diptera
L Sweet Gum
L Sycamore
L Black Walnut
Liquidambar styraciflua
Paltanus occidentalis
Juglans nigra
S ~ Small Mature Size (up to 20 feet in height)
M = Medium Mature Size (20 feet to 60 feet in height)
L - Large Mature Size (60 feet to 100 feet in height)
*Northern Florida'- Pensacola to Jacksonville and south to
Scala. OK for this area.
Source:
Tree Protection Manual fo__r B_uilders and Develo~
by Department of Agriculture & Consumer Services,
Division of Forestry as edited by Tim Elder, Indian
River County Forester
&t
Dictionary of Trees - Florida and Sub-Tropical
Forest Trees of Florida
by Florida Division of Forestry
Grades and Standards for Nursery Plants
by Florida Dept. of Agriculture and Consumer Services
Grades and Standards for Nursery Plants (Palms & Trees)
by Charles s. Bush
Landscape Plann~
by FPL
PlantFinder
by Betrock Information Systems, Inc.
Plantin~ a Refuqe for Wildlife
by Susan Cerulean, Celeste Botha & Donna Legate
for Fl. Game & Freshwater Fish Commission Nongame
wildlife Program
Tree Protection Manual for Builders and Develo ep~
by Florida Division of Forestry
Xeriscape Plant Guide
by St. Johns Water Management District
7
RFOChUreS, ue~sletteFs and Other Public~tions
Sebae~ian ~mmunity ~evelopment DepaF~uent
Tree
City U.S.A. Bulletins
How ~o Prune'¥oung Shade Trees
Bow to Hire an Arb~riBt
now to Save Trees During Construction
Don't Top Treeal
Bow l~o Write A Municipal Tree Ordinance
Plant Trees for Amerioal
Bow to Prevent Tree/Sign Conflicts
Trees for Wildlife
Bow to Kill a Tree
Bow to Recycle Shade Tree Materials
Keep A Great Thing Growing America Brochure
Trees for America Brochure
Arbor Day Foundation Publication May/June 1993
Education Materials
The Woody Ornamentalist
Dispelling Misperceptions about Trees
Tree Training and Pruning
Cities See Trees as a Resource (news article)
A Conservation Plan for a Developing Area
Scrub: Learning to Love It
Tree Protection and Preservation during Construction
The Best Way to Plant Trees
Tree Planting
Maintaining Tree Quality
Mature Tree Care
Pruning Standards for Shade Trees
Pruning Field Notes
Low Maintenance Landscapes
Insect and Disease Problems
Fertilizer Schedules for Ornamental Plants
Size of Soil Balls Recommended for Deciduous Trees
Information of Various Types of Trees
Menu of South Florida Landscaping Trees
Diseases of ~ollies
Ornamental Palms of South Florida
Florida Live Oak
Mangroves - Florida's Coastal Trees
Florida Urban Newsletter
Brevard County Land Clearing and Tree Protection Regulations
Johns River Water Management District
Turn It Off - Water Conservation Rule
Turn it Off - 50 Ways to Save Water
Home Lawn Irrigation
Xeriscape Plan
Mayor Arthur Firtion
City of Sebastian
Main Street
Sebastian FL ~2~58
During the past twenty four months, the proposed tree
ordinance has been discussed and debated both by P & Z and
Council for at least the same number of hours~ if not
more; I believe it ~s at a stage where the original
purpose has been blurred and we mus~ now readjust the
focus in order to return to original purpose and intent of
the ordinance ~,htch is to preserve e~isting t~ees.
The ambiance of Sebastian'"'is disappearing ~nd we must
quickly strive to preserve the residential fabric of our
community before i~ is gone to pieces. Tree and native
habitat protection by ordinance is necessary.
! have listed several suggestions on the attached for your
constdera%ion. Above all, I maintain that this ordinance
shou]d be kept simple and clear. Anyone conside~ing land
purchase in Sebastian or building a home on an existing
lot must kno~ that we ~re a tree protection community.
Thank you for your consideration.
Sincerely,
785 Bayharbor Terrace
Sebastian FL
(407) 58~ 5~07
eric 1,
Mrs. Carolyn Corum
Mrs. Nopma Damp
Mr. Frank Oberbeck
Mr. Robert Freeland
'1
SUGGESTIONS - TREE PROTECTION ORDINANCE ~4-0~
I noticed a lack of consistency in the measurement of
trees throughout the ordinance. ~he~e any reference is
made to measurement, it should be standardized to DBH as
defined on page 55 of your packet.
The pages referred to belo~ are the pages in your packet.
Page 44: After the words, "shall be the Environmental
Administrator" I would like ~o see added~ O~ EMPLOYEE
AUTHORIZED BY THE DIBECTO~ AS APP~OVE~ ~Y ~H£ CITY
MANAGES. ! ~ould also like ~o see this added ~o the
definition of Director on page 55.
Page 4~: Paragraph f.: ! ~ould like it ~o read: T~ees
to be retained, replace~ g.~ pe~. The addition
these ~ords clarifies ~hat is required and'is more
consistent ~ith the requirement~ appearing on pages 48
4~ Paragraph B0
Page 46: ParagraPh g~ I~'is unclear ~hether the
rmquirement is a combination of replaced and ~etained
trees I sugges~ ..tha~ the ~irst line read: "The minimum
number of trees either retained or replaced shall be .... "
Page 4~: Eliminate the entire "E~ceptions" paragraph.
p~ge 50:-Section'2OA-I4.I2. A. Appeal Onto the
sentence, I suggest adding "at its ne~ regularly
scheduled meeting". This ~il! afford the homeowner a
timely ~ppeal and not hold up construction ~hile ~aitlng
to get on a P & Z agenda.
Page 51l Paragraph C. This paragraph is vague, i
believe both signers of the application should be equally
liable for any fines or penalties. The person responsible
is not always the one ~ho has signed the application;
e.g., tt may be a subcontractor, in that event~ the
subcontractor, not the homeowner and contractor, is the
only liable party. I ~ould like to see all three
responsible regardless of ~ho actually commits the
violation.
Page 521 Section 20A-14.15. Paragraph 1. I suggest
a~ter the ~ords "...comparable to that of. the tr~e(s)" ~e
simply add illegally removed and eliminate th~ rest of the
paragraph.
P. age 52: Paragraph 2. I believe, after .checking p~evi~us
nrafts, theme a~e ~o~ds omitted. The ~epla~ement shall be
· n inch ~ inch ~epla~emen~ subject ~ the ~tpim~m
s~nda~ds in P~g~ph 4. This is m~s~ly likely
~YPO ~ ~o~d p~ocessing er~or sin~e the intent is the~e.
P~ge 55: Paragraph 5. I believe planning & zoning should
be eliminated and ~epla~ed ~ith Dipe~toe at this point
the o~din~n~e. Ag~in~ i ~eel it ~s ~ ~o~d
and/op ~yping omission.
~ge 54: ".E~istin~ Diametep At Bpe~st Heigh~ (EDBH),
suggest that this Paragraph be completely ~li~i~
i$ appe~s n~he~ in the ~pdin~nce ~nd m~y add confusion
~i~h the DBH definition on page ~5, Ho~ever, the
sen'tense can be added to enhance the DBH definition on
page
P~ge ~5: "P~otected T~ee.i.". This shoul~ ~- -~
fou~ (4)inches DBH. B~sed on t~e ~equi~e~e~su~g~
in the o~din~nce ~nd the purpose ~,;hi~h is to P~Dtect, it ·
m~kes much sense to change this to ~ou~ inch t~ees.
P~ge 55: "Tpee". This definition is inconsistent ~ith
the o~din~nce and should be bpought b~ck to p~evious
definition: "T~ee shall mean ~ny ]i~inq, self-suppopting
· nd epect, standing ~oody plant having ~t least one
~ell-de~ined stem, ~hi~h togethe~ ~ith its ~oot system,
m~supes one and one-h~lf (1 1/~) inches in dtamete~
The l~st item is the Summ~y o$ the Tpee PP~ection ~de
~hich is page 58 o~ youp p~cke~, I ~eel i$ this is
summary o$ ~e code i~ should be accurate and as i~
~ppe~v~ it i~ in~;euv~. The P~r~gr~ph regarding
credits should be completely elimin~ted since the~e
such PPovision in the o~dinance. Again, the "exception"
paragraph should be eliminated as I noted ppeviously.
I.,sugge~t the fipst sentence be: l~he~ever po~sible,
e...isting t~ees ~ill be ~et~ined. By definition, ~ tpee
is...insert the definition e:-:a~tly as it ~ppe~ps on p~ e
55. g
Hith ~ll due ~e~pect~ Z ~inceP. ly hope ~h. incon~i~tency
· r~d the v~gueness off the ppovisions noted ape cop~ec~ed.
While i do not feel this ondin~nce h~s the strength I~e had
hoped fo~, it ~,~ill sepve as a s~lid foundation ~nd one day
the City of Seb~stian c~n build into ~ tough yet f~tr tpe~
opdinance.
541 Melrose Lane
S~astian, FL 32958
April 29, 1994 ~~,,
TO: Mayor Arthur Firtion
Councilme~er No~a Damp ~ C/~.' ? z,~
Councilme~er Fra~ Oberbeck
Councilme~er Robert Freeland
City Manager
Co~ity Development Manager
Enclosed herewith Please find a proposed tree protection
ordinance for your review and consideration.
I have highlighted my changes, relative to the Co,unity
Development Department's ordinance 0-94-05 (agenda number
94.12293.064) which was submitted to you on April 27, 1994.
I will be in attendance at the May 4, 1994 City Council workshop
meeting to discuss this matter further.
Tha~ you in advance for your time and interest.
Sincerely,
Donna Starck
NHEREAS, the Planning and Zoning commission for the City of
Sebastian has Bet and approved the proposed amendment to the
existing Tree Protection Ordinance for the City of Sebastian; and
NHEREAS, the City Council has determined that the proposed'
amendment to theTree Protection Ordinance of the City of Sebastian
is in the best interest of the citizens of the City of Sebastian
and will promote public health, safety and welfare, through better
control of flooding, soil conservation, air pollution, and noise;
by encouraging reduced energy consumption; by conserving water; and
in general make the City of Sebastian a healthler, safer and more
beautiful ~lace in which to live.
NOW, THEREFORE, BE IT ORDAINED B~ THE CIT~ COUNCIL OF THE CITY
OF SEBABTIAN, INDIAN RIVER COUNT~, FLORIDA, that.-
SECTION 1. TREE PROTECTIO~ OR~INANCEANENDMENT. Artlcle XIV
of the Land Development Code of the City of Sebastian, pertaining
to tree protection, is hereby amended in its entirety, as follows:
"Sec. 20A-14.1. Purpose, intent and applicability.
A. Purpose. The purpose of this article is to establlsh
protective regulations for trees within the City in order to:
Better control problems of flooding,
conservation, air pollution and noise;
Encourage reduced energy consumption;
soil
Conserve water; and
4. Make the City a healthier, safer, and more
beautiful place in which to live.
B. Intent. The ~n~ent of this article, is to encourage the
protection of a maximum number of trees and....restr/ct clear cmtt~n~
of lot~. It is further the inten% of-th~s article to encourage, in
Particular, the protection of native trees of the City.
C. Applicability. This article shall apply to all real
property lying within the City, except:
Public protection - If any tree shall be determined
to be in a hazardous or dangerous condition, so as
to endanger the publlc health, welfare or safety
and requires tmmediat9 removal without delay,
verbal authorization may be given by the director
and a written permit shall be issued after the
fact.
I 2. State of public emergency - During the period of an
involving
emergency, . natural disasters such as a
hurricane, tropical storm, wind storm, free=e,
i or any other act of God, the requirements of
flood
this article may be temporarily waived by the City
Manager, .or designee, so that the requir~ment~ of
I this article will in no
way
prlvate
or
public efforts to restore order ~n the City.
-3.
Nurseries - All licensed plant or tree nurseries,
or active groves shall be exempt from the terms and
provisions of this article. This exemption,
however, only relates to those trees planted and
growing on the premises of the licensee, which are
so planted and growing for the purpose of sale to
the general public, or otherwise ~D the ordinary
course of the licensee's bus/ness.
All trees classified as prohibited or undesirable
exotics according to Section 20A-14.18.
"Definitions"
Tree removal by public utilities as necessary to
fulfill their function.
Sec. 20A-14.2. Administration.
Environmental Administrator. The Director of Community
Development shall be the Environmental Administrator, and shall be
responsible for administering the provisions of this article and
shall, direct, regulate and control the protection of all ~rees I
growing now an~ hereafter in the City.
sec.' 2ob-. 4.:3. B
B. Hesoval. ~pe=~ ~r historic trees-shall ~ot be~r.e~oved
~z~pt fox extra~ ~~ ,~1 ~T bT f~ ~tt
approved ~ ~e ~i~ ~~.
Sec. 20~-14o4. Tree protection prior to development.
A. Destruction approval. To prevent the unnecessary
destruction of trees on vacant, platted lot(s) where a building
permit or subdivision approval has not been issued, the
destruction of any tree(s} on any one parcel of real property
within the city, shall be prohibited, without first obtaining
a permit as required within this article.
B. Land Clearing or Grubbing. It shall be unlawful to
clear, clear c~lt a treed, lot or grub land within the City without
first having obtained a permit as provided in this section.
C. Tree replacement. All trees that are illegally
removed, or effectively damaged causing decline and eventual
destruction, shali be replaced in accordance with
Section 20A-14.16.
D. Replacement cost. The cost of replacing tree(s) shall
be incurred by the party that damaged or removed the tree(s).
E. Single-family and two-family requirements. Prior
to a building permit being issued for a single-family or
.two-family residence, the applicant shall indicate the minimum
number of trees, pursuant to Section 2__~A-14.5(B)(1)(g) of this
Article. All trees that are retained or installed to meet this
requirement shall be verified prior to the issuance of the
Certificate of Occupancy.
3
Sec. 20A-14o5. Application for ~ermits.
A. This section shall-apply ko all new single-family
& two-family properties. For all new construction other than
single fam/~y 0r two-family residences, the minimum standards
set forth in Article XIII shall apply. Also, any person desiring
a permit to clear, grub or otherwise similarly disturb property
within the city limits of Sebastian shall make written
application to the department on proper forms provided by the
director.
The application form must be accurately completed and signed.
The applicant/contractor and if other than
owner ~
must acknowledge an awareness and understanding of the
requirements of this article, relating to the protection of
trees during land preparation for construction and construction
activities. The completed application shall be submitted w~th
'~_tree~ ~iling fee as established by, resolution by,
the City Council. The application shall be reviewed by the
director or designee, and signed signifying approval, approval
with modifications, or denial based on the pertinent criteria
set forth in Section 20A-14.11. ~'Criteria for Permit Issuancet~.
~A
.!
]~. Permit appli=ations and procedures.
A completed "Application for Land Clearing, Grubbing, or
?tee Removal'' form shall be required before any work is done
on any lot. The application shall be accompanied b~ a survey,
which may be prepared by ~he contractor, an~ a ~ ~
of =he ~oltOwing information and documentat£on deemed
appropriate, as described below:
Land Clearing or Grubbing.,
A legible, s~aled ~rawing/ove=lay showing
property boundaries, physical or natural
features, and limits of the proposed work;
s±~e ~ t~-ees ~ou~ ~nches
diameter ex:i~+4~.q' o~ ~ach.
dev--. ~he overlay
A. statement of the purpose for clearing
and/or grubbing;
A general description of existing
vegetation, topography, and any surface
waters present;
el¸.
A description of the method of debris
disposal;
A description of the method(s) of soil
erosion and sedimentation control to be
undertaken during earthwork activities
and the means and timing of soil
stabilization subsequent to the completion
of the clearing and grubbing activities.
The minimum number of trees shall be
according to the lot size, noted below.
The minimum height of each tree must be
at least e/ght feet (8') and having a
minimum ~2) /nch<liametermeasured between
four (4) & six (6) feet above the grade
level.
'Zxc6~tiOn~ Citrus trees may be used
provided that none is less than four (4)
feet in height, and shall not exceed three
(3) or 25%, whichever is greater, of the
required minimum number of trees on the
lot.
4
MINIMUM TREE P~EQUIREM~NT$ FOR
RESIDENTIAL BUILD~G LOTS
Lot Size:SquaTe Feet
To 9,999
]0,000 ~o 15,999
16,000 To 19,999
20,000 To 29,999
30,000 To 39,999
40,000 To More
Minimum Number of Trees
Five (5) Trees
Seven (7) Trees
Twelve ( 12 ) Trees
Fifteen ( 15 ) Trees
Zighteen (18) Trees
Twenty (20) Trees
If trees must be added to the lot to conform with
the requirements of this article, ~rees shall be
supplied meeting:
(1)
Florida Grade q or better nursery
standards established by the State of
Florida Department of Agriculture and
Consumer Affairs; and
.(3) At least ($0.). percent of ~l new reqn~ tr~_ .~ha~
be of :na'r~ve-~spec.tes.
All trees Xour (4) inches or note ~ ~amet--r l_fl~*~ outside
the"~a~/nt-~f deve/opment Bust be =e~~_~ T~ .z~ -~ee ah~]l
less .~han..~hat o..f..,a similar ~zed nntreed lot.
the e?e~._t m spec~u-n tree ~ low-4 to ~ l~at~ ~ a lot,
~~ ~. ~o~ a '~t to romove a ~4~n ~ ~
~ ~ ~ ~ ~~1 a ~..of i~ a~~ to save
Sec. 20A-14.6. Prohibitions.
A. It shall be unlawful to remove (as defined in Section
20A-14.18, "Definitions"), cut down, damage, poison or in any
5
other nanner ~iest~oy o2: cause ~o be ~es~o~e~ ~y ~s or
accor~nce w~ ~e pr~s~ons of ~s article. All ~ngrove
~i~ng or r~oval ac~vtttes are s~je~ to s~te ~tting
proced~es.
5A
B. Attachments. It shall be unlawful to attach anything to
C. P~hibited or undesirable exotic trees and assessment of
for removal.
I person shall plant, or caus~ to be planted or
1.
No
permit to be planted anywhere w=thin the corporate
limits of the City of Sebastian, including any
I public street or right-of-way, the following trees:
A. ~ar Tree (Enterolobium cyclocarpum);
B. Chinaberry (Melia azedarch);
C. Australian Pine (Casuarina
Punk Tree or Cajeput Tree (Melaleuoa
quinquernervia or Melaleuca leucadendron);
Brazilian Pepper (Schinus terebinthifolius).
2. Whenever the director, after investigation,
determines that any one of the prohibited or
undesirable trees has been planted within the City,
the director shall, within ten (10) days, cause to
be served upon the owner or occupant of the real
I property upon which the subject trees are located,
notice that such trees are in violation of this
section.
i 3. If after service of the notice provided for herein,
and following any requested hearing provided for
herein, it is determined that a violation does in
fact exist, the property owner shall thereafter
have fifteen (15) days in which to remove the
tree(s), or the director, shall have the trees
removed and charge the costs of removal thereof to
the real property owner.
D. It L~hall be unlawful to.clear cut a treed lot.
Sec. 20A~l~.7.Indivtdual Tree Removal permit requirement.
No person, .directly or indirectly, shall cut ~own, destroy,
-remove~ relocate,or.effeCtively.destroY through damaging', any tree
situated on any property,'~r clear any lot or acreage located
within the City, without first obtaining a permit as provided in
this article..
Sec. 20A-14.8. Tree removal permit exemptions.
6
-!
Prohibited or undesirable trees, as defined in sec. 20-14.18.
~Definitions~, must be indicated on the survey but are considered
proh/bite~ trees (or undesirable exotics) and are subject only
to a verification inspection by the department prior to removal.
Sec. 20A-14o9o Application for individual tree removal permit other than new construction.
A. Permit Requirement. Permits for removal, relocation
or replacement of individual trees or groups of trees covered
in this section shall be obtained by making application for
permit to the director.
B. The application shall be accompanied by a written
statement indicating the reasons for removal, relocation or
replacement of trees and one (1) copy of an accurate and legible
Site Plan, drawn to the largest practicable state, to show the
following:
Location of the tree(s) that are being removed
or relocated.
Location of the trees remaining or replaced to
meet the minimum requirements of Section
20A-14.5 B 1 g.
Sec. 20A-14.10
Locat/on of ex~_.st/n~ and DroP°seal i~p_rov~ts,
· f any, ~nclUdinq...structures,
easements.
Permit Fee.
A no~-refundable permit fee, to be established by resolution
of the City Council, shall be applied to each acre or fraction
thereof to be inspected. Such a fee is deemed necessary for
the purpose of processing the application and making the
necessary inspection for a~ministration and enforcement of this
article.
Sec. 20A-14.11. Criteria for permit issuance.
The issuance of a "Land Clearing, Grubbing or Tree Removal"
permit by the director, as required by this Article, shall be
based on the following criteria:
The need for vegetation removal on the property for
purposes of land surveying or land preparation for
development or other economic uses;
Whether protected trees either do not exist on the
site, or do not need to be removed for construction
purposes;
7
c. The _here.. s~ty t~ remove troe~.. ,. which pose a 'safet~
hazar~ ~o ~des~ or v~Cul~ traffic or. due to
prox~ ~ ~s~g or pro~se~ st~ctures, t~eaten
~ ~e dis~ptton to p~ltc se~tces an~ ~ltc ~sements~
.~Te~ove t:Fees.,Wh~ch pose a safety
~s:tty
hazard
7A
~e~-~i~'~-~X)~w~_._~mw~-~'~'~~=~ or in
con~=~on Weakened by age, storm, fire, insect"~ttack
or other in3%~-y t~at'pose a danger.of falltn~ and-'a
'safety ha=etd to people, buildings or utilities and
other improvements on lot or parcel of 2and;
The extent to which tree removal is likely to result in
damage t~ the property of other owners, public or
private, including damage to lakes, ponds, streams, or
rivers, through runoff or erosion,
Topography of and relief to the land where the tree or
~angrove i~ located and the future effect cf tree removal'
on erosion, soil ~oisture retention and the diversion or
~ncreased or decreased flow of surface water, and
c?ordination with the city master drainage plan or
similar plans adopted by Cxty Council;
Goo~ forestry practices, i.e., the number of healthy
trees that a given parcel of land wtll support, and the
number and density of trees and mangroves existing
elsewhere within the neighborhood, on improved or
unimproved property;
Necessity to remove trees in order to construct proposed I
improvements to allow economic use of the property.
Sec. 20A~14.12. Application review.
A. General Review Procedures. The director shall act as
soon as practicable but shall have no more than ten (10) working
days after receipt of an application filed pursuant to this section
in which to grant or deny the requested permit. If the director
denies an application, the reason(s) for such den~al shall be
specified to the applicant in writing.
B. Site plan requirement. In the case where a site plan is
r~quired to be submitted, th~ application shall be submitted I
s~multaneously as part of.the s~te plan application, and the time
of approval shall be the same as required for site plan review.
Sec. 20A-14.13.
Appeal from denlal of permit or other action
of the director, penalty, and remedy.
'The e~tent of any damage or hardship which would r~sult
to the applicant from a denial of the requested permit.
Whether the tree has been designated a historic or
specimen tree.
The species and size of the tree(s) proposed for removal;
.. A. Appeal. Any applicant a~Drieved b,, a ~-~-=--
=ivil oourt, as provi~e~ by Se=. 20A-14.~3.C'
a~c~e, or ~e condt~io~s of a pe~it issue~ hereunder shall
unl~w=u~, an~ person v~olBt~ng any of the provisions
~le.or ~e ~ondttions of a P~it issued hereunder shall, upon
conv~on, .~ puni~he~ as provx~ed in Section 1-10 of tb~ C~ty
C~. of Ordina~e~, and until such violation i~ rectlfle~, the
plan a~ ~ree prote~tion plan approvals shall be rescin~ed.
d~velopment work on the property shall ~ stopped until the
y~?lat~pn is re~if~ed and ~ pe~i~(s) /s/are reinstated by the
c~=y. ~n a~ appeal u~der this artacle, each i~div~dual ~r~e or
~angrove so removed, damaged or destroyed, w111 constitute
'separate offense. .
' C. Civil remedy available. In addltlon to the pe~'alties
provided ~n Section ~-10 of the City's Code of Ordinances, any
person who vtolate~ any provisions of this article shall:
· . Forfeit and pay to the City a c~v~l penalty equal
to the total value of those trees or mangroves
illegally removed, or damaged ~$ computed by the
IDter~attonal Society of Arbor~culture Shade Tree
Value Formula. Such sum shall accrue to the City
and ~ay be recovered in a civil action brought by
the City. Such sum so collected shall be placed
a fu~d for the tree bank or city street tree
program, both es.tablished by resolution of the City
Council, and shall be e~pe~ded for the purchase of
trees for replacement i~ public properties
~e City.
Replacement of illegally removed trees or mangroves
may be required as restoration i~ lieu of money.
This replacement will be computed on an inch-for-
inch basis, according to the total inches at DBH of
all illegally removed trees.
A combination of money and tree and/or mangrove
replacement may be required.
D. Other remedy. No person shall remove, cut down, damage,
poison or in any other manner destroy or cause to be damaged or
destroyed any tree or mangrove in violation of this article· In
9
~he event of any such violation, or imminent threat thereof, ~he
city ~anager or designee, in addition to any other remedies
provided by law, may institute a suit or injunction 'to prevent or
terminate such continuing violations. ~ach day any vlolation of
any 'provision of ~his article or of any ordinance shall continue
shall constitute a separate offense, except ~hat in any case where
the violation consists of a discrete act or failure to act, each
violation shall constitute a separate offense.
Sec. 20A-14.14. Duration of permit.
Any permit issued by the City pursuant to the requirements of
this article shall expire if the work authorized by the permit is
not completed within six (6) months of the date of permit issuance.
The holder of such an expired permit may apply for re-issue within
thirty (30) days of such expiration, and the director, at his/her
discretion, may cause the permit to be re-issued, waiving the fee
therefore. Alternatively, application for a new permit must be
made.
'Sec. 20A-14.35. Tree Relocation by the City or the County.
Wher~ the applicant for a permit has authorized the City to
~nter upon his property and remove a tree or mangrove, the City
shall have the option ~o relocate the tree or mangrove, at the
City's expense, to publicly owned property. If the City does not
elect to relocate such tree or mangrove, it may give the County the
right to acquire such tree or mangrove at the County's expense, for
relocation on other public land within the County. The relocatlon,
either by the City or the county, shall be accomplished in fifteen
(1~) =working days of"the issUance of the" permit to the owner.
Should the City or County fall to remove the tree or mangrove
within the fifteen (15) working-day period, the permit holder shall
be allowed to proceed as provided in the permit.
Sec. 20A-14.~6. Tree replacement for illegally remoged trees.
A. Conditions and specifications for all tree replacement
requirements.
Characteristics. The replacement tree(s) shall
have at least equal shade potential, screening
properties, and other characteristics comparable to
that of the tree(s) for which a removal request has
been submitted.
Size. Replacement of illeaallv removed tree(s)
shall meet a .size requi, remen~, pr6vtding for a
. Standard of .. one-t,ch ~('1 '! -) .DBH .~p~.~or?~ch~''
(~ _~. )"DB~i'.r~~ - .unless. 'otherwise agreed, upon by. ~.
both the.'~direct, or ~nd--the"a. pPlicant.' Any number ]of
t~e%S ~-may :be ':utiliZed fo..meet ~he .~nch-fo~'inc'h~'--_'' /
requirement, provided that ....
1'0
i acceptable spacings and ~eslg~ are maintained.
3. Species. The CAty may require that the species of
the replacement tree(s) be the same as those for
I which r?oval iS being requested, or ~ay require
such replacement trees, to be of a species native ~o
the East Central FlorAda area. Acceptable exotAc
.or "naturalized- tree(s) and palms may be used.to
I meet replacement reguirements. A list of specaes
whichmeetthese requirements is available from the
....... department.
I 4. Hinimum standards. At the time of ~lant~-- -~-~
I 7z =~n ~eet (~0') and a minimum trunk ~tameter~o~
=wu 1riches (2-) measured six (6") inches above
grade level. All such trees shall be of Florida
Department of Agrlculture Nursery Grade Standard
(~ualtty) Number i or better.
Sec. 20A-14.17.
Waivers of replacement tree(s) specification=. The
planning and zoning commission may waive the
species, size or m~nlmum ~tan~ards specifications
if the appllcant can demonstrate that the current
market conditions are such that tree(s) meeting
these specifications are not readily available.
Substitute tree(s) allowed under this waiver
section must have the approval of the director.
Establishment.
A. .Any and al/ trees planted, replaced or relocated in
compliance with this article must be maintained in a healthy,
living condition after planting. Replacements that have not become
established, have declined to an unhealthy condition to such a
degree that survival is not probable, or have died, must be
replaced. Such replacements must continue until a tree is
established at the approved location, or if repeated failures or
other factors indicate that the specified location"is unsuitable
at a location approved by the director. '
Sec. 20A-14.18. Definitions.
I The following words and phrases,
shall have the meanings respectively
i section:
when used in this article',
ascribed to them in this
City shall mean the incorporated City of Sebastian, Indian River
County, Florida. '
City Manager shall mean the City Manager or designee authorized to
perform one or more of the duties of the City Manager, pursuant to
this article.
'Clear cutting shall me-n the indiscriminate clearing of a lo!
from DroDexty line to Dropert~ l~-e.
11
'1
i
C_ .r~w.n shall mean all branch parts including all s~ems, twigs and
foliage, i
Department shall mean the Community Development Department.
Diameter
~t Breast Height (DBH) shall mean the ~tandard measurement
of the diameter, in inches, of a single-stemmed tree measured at
four-and-one-half (4 1/2') feet above grade. ~he DBH of a multi-
stemmed~.ree shall equal the sum total of the d~ameter of all stems
measured at 4 1/2' above g~ade. ' '
~/re~or ?~.11 mean _the Director of the Co--unity Development
uepar~men~, or an employee authorized by the Director to perform
one. or more of the duties of the Director, pursuant to this
article.
Dr~pline shall mean an imaginary llne along the ground which I
.conforms
tO the perimeter of the crown of a tree as projected
Vertically to the ground.
_
Existing Diameter At Breast Height (£DBH) shall mean the total
~ia~et~r_~?a~ured ~n.~nohe~ et 4. 1/2' feet above ~r&~e of all
pro=ec=e~ crees exls=lng on a site prior to the beginning of I
development on the site. EDBH shal~ not include any tre~s
determ%n~d by the ~irector to be a prohibited species, dead or in
declining condition,
a . which would warrant their removal. . I
Grubbing shall mean the removal of any type of rooted vegetation
from land by digging, raking, dragging, or otherwise disturbing the I
roots of -such vegetation and the so~l in which such roots are
located.
Hazardous Tree shall mean a tree the.t, in the opinion o.f. the
direct.or, constitutes, a hazard to life or has a' significant
potential ~:o cause in]ury to persons or da?age to property as the
tree is in imminent danger of falling, or is otherwise considered
b.y a representative of the department to be or to create a hazard.
(I.e. , dead, diseased,
a broken, split, cracked, leaning and
uprooted trees). A hazardous tree shall also include a tree
harboring communicable diseases or insects.
Historic Tree shall mean a tree(s) which has been
n.otable h~storic interest to'the City, because of it~-'~e~t~,~~
designated by resolution of the Cit~ Council an
shall keep a permanent record of al~ trees SO' des~g~;~e~.
7 s~.~ who d~s .pot develop ~at pro~, ,or his pr,__~ re~e. ce.
~and clearing shall mean the removal by any m~ans of any type of
vegetation or trees from land.
woo~y plants lt~ted by the State of Flor4~- ~ .......... -~- -
Wan~r~ve shall le&n any or all of the protected species of · uattc
Na~i~e Vegetation shall mean any and all. plant and tree species
that a~e indigenous to the City of Sebastian. '
Prohibited or Undesirable Exotic Tree~ ~hall mean the five tree
a verification inspection by the 'department prior to removal.
Under no circ~stances shall any of the named tree spec/es be
deli~rately introduced into ~e City and planted on ublic o
private property; and any su~ action shall be deemed a ~iolatto[
of ~is article and shall be cause for assessment of penalty and
damages for subsequent removal against said violator:
A. Ear tree (Enterolobium cyclocarpum);
B. Chinaberry (Melia azedarch);
C. Australian pine .(Casuarina spp.);
D. Punk tree or ca3eput tree (Melaleuca guinquernervia or
Melaleuca leucadendron);
E. Brazilian pepper (Schinus terebinthifolius)
Protected Tree shall mean any tree of four (4~ inches DBH (1,2_60
inches in circumference) or greater, that is not otherwise exempted
herein.
Protective Barrier ~hall mean ? physical structure, com osed of
ma~r~al complying with the specifications an~ ..... : ...... P ....
ar=acle which effectively limits acces~ to a protected area.
Remove or Removal shal.1 mean any act ~hlch wi{1 cause a tree to be
damaged, decline or die within a period of eighteen (~8 months
~.g., damage inflicted upon the root .... ~-- =- ~ -~ '
........ . o;~=~,, m~ heavy machinery, or
my changing =ne natural grace above the root system around the
trunk; or
· damage inflicted on the tr~e, by e~cessive pruning or the
~ppllcation of any chemical, which permlts infection or pest
· nf~station or causes poisoning; or damage caused by other direct
or indirect ~
actions, including paving with concrete, asphalt or
other impervious material to within two (2) '
diameter of a tree. ~_ ~ .... ,,- _ feet of the outside
......... ~ u=rms aemove or Removal,,. whe- m,~]~.~ ~
~ mangrove shall mean the act,,-~ ....... · ....... ' -~ -~t~.~
remc.val t~ ..... = ~ .... ~-~ t .... u-u~ ua uausl~g ~ne e~Iectlve
..~u~n uumag~ng, poisoning or other direct or ind
action? resulting in death or decline of a man-rovo __~ _=_..ir~ct
trtmmi~g, cutting, mowing or other d~rect or ~nd~rect actions
~esult~ng in the removal of any part of a mangrove plant.
Root ~runing shall mean the cutting of tree roots for the purpose
of moving a ~ree or facilita~-~ng nearby construction or
landscaping. ,
Topping s~ me~ ~e r~oval of vertical lea~ st~s on trees
pl~t having at l~st one well ~efine~ st~, w~ch toge~er
wi~ it's root syst~, is of a s~ctes which no~ll~ at,ins
a min~ overall height at ~t~it~ of at least $~ (6') feet
in ~e S~as~i~ se~ice ar~, '~ shall include, but not be
. /limite~ to ~e region appropriate s~cies listed ~ on file
.... wi~ ~e Cit~ Cl~k, as a~opte~ bY resolution of ~e City Council
~ revised as re~ire~, from time to t~me.
. . ~ndesir~le Tre® (See .Prohibtt~d.. or Undesirable Tree. )"
· ..: nances or parts of Ordinances
~ conflict h~ewi~ ~e her~y repeale~.
SE~ION 3. .Sever~t~it~. In the event a court of competent
j~lsdiction sh~i hold or dete~ne that any part of
Ordinance is. invalid or unconstitutional, the remainder of the
Ordinance shall not be affected'and it shall be presumed that
the City Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted
'~" ' "the ..... remainder of this 0rdinance without such invalid and
~" unconstitut~6nal~Provisipn, thereby causing, said remainder to
ffect.
::-."-'::,:--':'::;':'.'~". .... :enrich of the City
· Council~f.the.Cmty Of Sebastian, Ind2an River County, Flor2da,
i::~.i~X~P~~o~, "~'~-~ha'6:~'a'""part 'to' 'the Code of
Ordinances of the City o~ Sebastian, Florida~ that the sections
relettered to accomplish
.... ' .... maY be changed to
appropriate designations.
34
SECTION 5. Effective Date. Tb~ Ordinance shall ~ake
m effect_. ~ ~a~aX~ 1, .1995~
The foregoing Ordinance was moved for adoption by Council
m Member , . The motion was seconde~ by Council
Member and, upon being put to a vote, the vote
was as follows:
t4A
~ayor Arthur~/~vtion.:.
Vioe-MayorCarolyn Corum
Cou~cil~emberrrank Oberbeck
Councilmember Norma J. Damp
Councilmember Robert rreela~d
The ~ayor ~hereupon declared this Ordinance duly passed and
day of , 1994.
CITY OF SEBASTIAN
ATTEST:
Arthur Firtion-~ ., ~ayor
· Kathryn ~. o'~alloran, CMC/AAE
Approved as %o form and content:
Charles lan Nash, Ci'ty At~or~
15
! .
Bill Jordan
722 Wentworth Street ~ .q~ ' ',:;-.-- '.,~
Sebastian, Florida 32958.. ,
Mr Howard Ooldstein ~ ~,e ~:~ -!':t
Sebastian Planning & Zoning Commission ~ /.~.'"
i Sebastian City Hall
1225 Main Street ~~-
Sebastian, Florida 3 2 9 5 8
I Dear Mr. Goldstein:
I have other things on my mind that i should do besides writing this letter. I.
I am aware you also could be doing more enjoyable things than reading this.
.. I'm grateful for the job you're doing, ultimately for my benefit and interest
in seeing Sebastian grow in an orderly, and predictable fashion.
I When I moved here over 5 years ago I saw beauty, natural beauty abound,
with the flora, fauna, the Indian River and Ocean. I loved Sebastian. I settled
i here, built my home and intend to live here til I die. My builder, bless him,
advised me that he would save the thirty year old oak and a 60 foot slash pine
abutting our house. I took a tree count and with pride'fmd: 14 large slash pines, 20
I cabbage palms, 12 baby palms, 3 7 trees planted.
oaks
and
fruit
that
I
Black
snakes, squirrels, rabbits, a gopher tortoise and native birds find their home on my
I GDC lot. A small orange breasted mother bird sits on 3 or 4 eggs on a shelf of
my outdoor shower. I'm blessed.
You will be deciding on an amended ordinance next week. I beg of you to
I consider some builders or home owners who needlessly rape their lots and destroy
our native heritage, God's gift to us, our trees. I would ask that clear cutting be
banned. Many Sebastian lots are barren, when GDC saw fit to clear cut many years
I ago. Let those who want no trees choose such lots. We can stop this ruthless
destruction by your courage to write an effective ordinance.
I Thank you. .
~erely,