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HomeMy WebLinkAboutORD #75-3ORDINANCE TREE PROTECTIO~ AN ORDINANCE RELATING TREES WITHIN THE CORPO] SEBASTIAN, FLORIDA; II INTENT OF THE ORDINANC} PROVIDING FOR TREE PRO[ ESTABLISHING OFFICIAL ESTABLISHING A PERMIT EXCEPTIONS; PROVIDING FOR APPEALS FROM DECIS ESTABLISHING PENALTIES PROVIDING FOR SEVERABIi EFFECTIVE DATE. WHEREAS, the process oJ on the ecological balance of an paved surfaces and buildings wh~ temperature - a problem especia[ region - through the clearing o~ surfaces which generate greater erosion, flooding and pollution concern in Sebastian and the su~ generation of automobile traffi( in carbon dioxide, other chemic~ WHEREAS, trees are proc element for the survival of man WHEREAS, trees appreci environmentally dangerous carbo WHEREAS, the pubescenc~ and trunks combined with surfac~ until they are washed away by r~ WHEREAS, trees tend to wind storms such as northeaster~ air temperatures; and WHEREAS, trees tend to air, creating temporary turbule] ORDINANCE !0 THE PROTECTION OF CERTAIN UTE LIMITS OF THE CITY OF )ENTIFYING THE PURPOSE AND ~; PROVIDING DEFINITIONS; !ECTION PRIOR TO DEVELOPMENT; ~REES FOR THE CITY OF SEBASTIAN; 'ROCEDURE; PROVIDING FOR FOR TREE VARIANCES; PROVIDING iONS OF BUILDING INSPECTOR; PROVIDING A REPEAL CLAUSE; JITY; AND PROVIDING AN development has a negative effect area; through the creation of ~ch produce great increases in air _ly noticeable in this southern land and the creation of impervious water run-off causing problems of - a problem of especially great ~rounding area; and through the which produces large increases 1 emissions, and noise; and .ucers of oxygen, a necessary and bly reduce the ever increasing and compounds content of the air; and and irregularity of leaves, branches moisture trap dust particles .in; and reduce high wind velocities during and hurricanes, and cool summer interrupt the free movement of It-free conditions or narcosis allowing airborne particles to WHEREAS, trees transpi each day which is held in suspe] purifies the air; and WHEREAS, trees through soil and play an important role WHEREAS, trees are an counterpoint to the urban setti providing shade and cooling the glare, and breaking the monoton' land; and WHEREAS, the use of re resulting utilization of trees aid in the protection and conse and WHEREAS, the City Coun~ determined that requirements fo2 City of Sebastian are not only the health, welfare and general therefore that the required use use of the police power; NOW, THEREFORE, BE IT CITY OF SEBASTIAN, FLORIDA: Section 1. Purpose ant ordinance is to establish prote~ the City of Sebastian in order flooding, soil conservation, ai make the City of Sebastian a he~ to live. The intent of this ord2 tection of the maximum number protection zone and of large sp~ tree protection zone. It is fu] ~ettle out of the air; and ~e considerable amounts of water ~sion around the tree and thereby their root system stabilize the in erosion and flood control; and ~nvaluable physical and psychological lg, making life more comfortable by air; reducing noise levels and of man's developments of the uirements for tree removal and the s landscape elements can effectively ~vation of the value of property; ~il of the City of Sebastian has protection of trees within the esirable but essential to insuring well-being of the community and of such requirements is a proper )RDAINED BY THE CITY COUNCIL OF THE Intent. The purpose of this tive regulations for trees within o better control problems of pollution, and noise, and to lthier and safer place in which .nance is to encourage the pro- trees within the primary tree cimen trees within the secondary ~ther the intent that the ordinance encourage in particular the prote Indian River County. Section 2. Definitions TREE. Any living self- least one well defined stem which more and growing to a minimum of tion of the species Coceolbis uvl PRIMARY TREE PROTECTION yard areas as established and tee City of Sebastian as the same ma~ SECONDARY TREE PROTECTI the primary tree protection zone way and easements are also defin~ tree protection zone. TREE REMOVAL. Removal ction of native trees of supporting woody plant having at has a trunk diameter of 6" or 5 feet in height with the excep- fera (Sea Grape). ZONE. The front, side and rear uired by the Zoning Code of the , from time to time, be amended. ON ZONE. All areas not included in Subdivision street rights-of- d as being within the secondary of a tree includes any act which will cause a tree to die within a period of eighteen (18) months, e.g. damage inflicted upon the rcot system by heavy machinery, changing the natural grade above the root system or around the trunk; damage inflicted on the tree permitting infection or pest infestation or application of any asphalt, or other impervious mate of the outside diameter of trees Section 3. Administra' the City of Sebastian shall be rc provisions of this ordinance and the removal of all trees growing Sebastian. Section 4. Specimen o~ herein referred to as "specimen especially great concern to the chemical; paving with concrete, rial to within two (2) feet ion. The building inspector of sponsible for administering the shall direct, regulate and control now or hereafter in the City of Historic Trees. Certain trees, er historic" trees, are of ~ublic because of ecological value, of nonindigenous characte~ tion. Determination that a tree by resolution of the City Counci , size, age, or historic associa- is a historic tree shall be made of the City of Sebastian, and the City Clerk shall keep a pt designated by the City Council 20 inches or more in diameter below, and shall include red mangle and Avicennia nitide). Specimen or historic for extraordinary circumstanc by the Sebastian City Council Section 5. The restr~ apply to all properties requi~ family owners, and a site pla~ and including the following i! (a) Location of strut and other planned areas~ (b) All trees over sl 4.5 feet in heights from the (c) Trees to be remo location of protective Darrie~ Section 6. EXEMPT TR The only trees which Removal Permit are as follows 1. Ear Tree (Entero!~ 2. Chinaberry (Melia 3. Australian Pine (( 4. Punk Tree (Melale~ 5. Brazilian Pepper Section 7. Tree Prott (a) To prevent the u~ land where a building permit issued, the destruction, with more than twenty-five (25%) p, of real property within the Ci approval of the building insp. ~rmanent record of all trees so . Specimen trees are all trees except as stated in Section 6 nd black mangroves (Rhizophora ~rees shall not be removed except ~s and only by final permit approved ctions of this ordinance shall lng building permits except single shall be required noting trees formation: ~tures, driveways, parking lots, Lx (6") inches in diameter measured iround, and identified. 'ed, and trees to be retained, and ~$. ~ES .~ay be removed without a Tree ,bium cyclocarpum) azedarch) ~asuarina spp.) ica leucadendron) Schinus terebinthefolius) ction Prior to Development ~necessary destruction of trees on )r subdivision approval has not been Ln any five (5) year period, of ~r cent of the trees on any one parcel Lty of Sebastian, without prior ~ctor, shall be prohibited. - 4 - (b) Ail trees that a replaced by a species of tree Council and filed in the offi (e) The cost of rep! by the party or parties that Section 8. It shall be unlawful temporary soil deposits withi or stem having a diameter of that during construction, the protective barriers around a! to be determined on its separ and within which nothing is t limited time if no other stor for protective barrier detail shall not apply to set-back r Zoning Ordinance. It shall be unlawful paving within a five (5') foo having a diameter of six (6") It shall be unlawful or stem having a die_~.eter of protective wires, braces or o It shall be unlawful within a five (5'1 foot radiu a diameter of six (6") Lnches the growth of said tree. During the constructi, developer shall not cause or material within the "drip lin or groups of trees to be main' cause or allow the disposal ol solvents, asphalt, concrete, to the life of a tree within of trees. - 5 re removed or destroyed shall be properly approved by the City :e of the City Clerk. acing the trees shall be incurred ~emove the trees. to place material, machinery or n five (5') feet of any tree trunk six (6") inches or more; except builder shall erect suitable 1 trees to be preserved, each case Rte merits by the building inspector, D be stored except as necessary for ~ge is available. (See illustraction ) Provided, however, this section ~quirements as applicable by the Lo place any structure or impervious radius of any tree truck or stem inches or more. ~o attach anything to a tree trunk ~ix (6") inches or more, other than ~her similar non-injurious materials. ~o remove any material or ground of any tree trunk or stem having or more, which is necessary for )n stage'of development, the ~llow the cleaning of equipment or " ~see illustration) of any tree ained. Neither shall the developer waste material such as paint, oil, ortar, or any other material harmful zhe "drip line" of any tree or groups ! I I 1 I I I I I' i I I ! I I ' i I I ELEVATION diameter of ' tree NOTES: 2). - Dr.f_p_,lfne: conforms to ~rC','!,~) of tree. not less than 1" X 2" wood uprights - minimum 36" spacing and 36" above grade. Rail or cross bracing.shall bo not l~:~n than 1" X 3" material. F24" in ground . 3o" PLAN PROTECTIVE BARI~IEi DETAIL Tr:e(S) to be protected si all be centered within protective 'barrier (minimum shown ab,)ve). Protective barrier shall all exposed roots. - 6 ~e enlarged when necessary to enclose. Section 9. Permit Proc A. Permits Required. association or corporation, or ar directly or indirectly, shall cut or effectively destroy through d~ real property, or clear any lot ¢ of Sebastian, without first obta~ B. Application. Perm~ placement of individual trees or shall be obtained by making appl~ inspector. The application shall statement indicating the reasons placement of trees and four (4) site plan drawn to the largest p show the following: 1. Within the prJ shall designate the tr~ posed to be removed, r~ proposed for removal, also be identified by 2. Within the se( plan shall designate t~ proposed to be removedl 3. The location if any, including stru C. Permit Fee. A non- is charged for each acre or frac~ inspected for a maximum fee of $ sary for the purpose of processl necessary inspection for administ ordinance. Said permit is valid received for permits are earmark~ ordinance. Section 10. Criteria edure. No person, organization, society, y a.gency or representative thereof, down, destroy, remove, relocate maging, any tree situated on any r acreage, located within the City ning a permit as herein provided. ts for removal, relocation or re- groups of trees covered herein cation for permit to the building be accompanied by a written for removal, relocation or re- copies of an accurate and legible 'acticable scale which shall mary tree protection zone, a plan ~es to be retained and those pro- ~located or replaced. Those trees · elocation or replacement shall ~ommon or botanical name. ~ondary tree protection zone, a ~e trees to be retained, and those Df existing and proposed improvement, ~tures, paving and utility easements. -returnable permit fee of $5.00 ~ion thereof of the area to be ~00.00. This fee is deemed neces- lg the application and making the ~ration and enforcement of the for the period of one year. Funds ~d for the enforcement of this ~or Removal. The issuance of a permit for tree removal by the bu this ordinance, shall be based on no permit shall be required from exempt from this ordinance. 1. Necessity to r hazard to pedestrian or to cause disruption to ments; 2. Necessity to r hazard to buildings; 3. Necessity to ~ weakened by age, storm a safety hazard to peol ments on lot or parcel 4. The extent to result in damage to thc or private, including d or rivers, through run- 5. Any proposed the applicant has plan those that are proposed 6. Topography of removal on erosion, so~ increased flow of surfa 7. Good forestry healthy trees that a g~ 8. Necessity to proposed improvements property, including: (a) Need for for construction equip~ (b) Need for construction equipment (c) Essential ilding inspector as required by the following criteria. However, single family home owners who are emove trees which pose a safety vehicular traffic or threaten public services and public ease- ~move trees which pose a safety ~move diseased trees or trees fire, or other injury that pose le, buildings or other improve- of land; which tree removal is likely to property of other owners, public amage to lakes, ponds, streams, off or erosion; andscaping including plans whereby ed or will plant trees to replace to be cleared; the land and the effect of tree 1 retention and the diversion or ce water; practices, i.e. the number of ven parcel of land will support; 'emove trees in order to construct .o allow economic enjoyment of the access around the proposed structure tent (maximum of t~n feet); access to the building site for grade changes. 9. Zoning. 10. The extent of result to the applican permit. 11. The species an removal. Section 11. Applicat~ The building inspecto~ but shall have no more than t~ of an application filed pursue grant or deny the requested pc ing inspector denies an appli¢ specify to the applicant in wa If no final action with respe¢ in the required ten (10) work~ deemed to have been granted. In the case where a s~ the application shall be subm~ the site plan application, an~ as required for site plan rew Section 12. Exceptiol shall apply to all real prope~ except: (a) In the event tha in a hazardous or dangerous c~ health, welfare, or safety, al out delay, verbal authorizati spector and a written permit (b) During the perio tropical storm, flood or any this ordinance may be tempora so that the requirements of t any damage or hardship which would t from a denial of the requested d size of the trees proposed for on Review.. shall'act as soon as practicable n (10) working days after receipt .nt to this ordinance in which to ~rmit. In the event that the build- ~ation, the building inspector shall · iting the reason for his action. ~t to an application is taken with- .ng days, the application shall be ire plan is required to be submitted, _tted simultaneously as a part of the time of approval shall be same ~. The terms and provisions herein ~ty lying within the City of Sebastian, any tree shall be determined to be ndition so as to endanger the public ~d requires immediate removal with- )n may be giVen by the building in- shall be issued after the fact. ~ of an emergency such as a hurricane, Dther Act of God, the requirements of rily waived by the building inspector his ordinance will in no way hamper - 9 - private or public work to rest (c) Ail licensed plat from the terms and provisions those trees planted and growir which are so planted and growJ the general public in the ordJ (d) The only trees Removal Permit are the follow~ 1. Ear Tree (En~ 2. Chinaberry 3. Australian PJ 4. Punk Tree 5. Brazilian Pe Section 13. Appeals Any applicant aggriew inspector made p~rsuant to th~ of the Sebastian City Council Section 14. Penalty. Violation of any of t! the conditions of a permit is and any person violating any or the conditions of a permit viction, be punished by a fin~ prisonment not to exceed thre~ rectified, the said site plan Further, whenever a violation site plan approval shall be rE the property shall be stopped the site plan approval is rei~ Section 15. Repeal C~ All ordinances or par~ with or inconsistent with the the same are expressly repeal~ ore order in the City. .t or tree nurseries shall be exempt of this ordinance only on relation to .g on the premises of said licensee, .ng for the sale or intended sale to .nary course of said licensee's business. ~ich may be removed without a Tree ~ng: ~erolobium cyclocarpum) [elia azedarch) .ne (Casuarina spp.) ~laleuca leucadendron) ,per (Schinus terebinthefolius) !rom Decisions of Building Inspector. id by a decision of the building .s ordinance, may appeal to a quorum sitting as a grievance board. ~e provisions of this ordinance or ~ued hereunder shall be unlawful, if the provisions of this ordinance issued hereunder shall, upon con- not to exceed $500.00 and/or im- months and until such violation is approval shall be rescinded. Shall be determined to exist, the .~scinded and development work on until the violation is rectified and ~stated by the City. ~ause. :s of ordinances in conflict here- provisions contained herein, be and ~d. - Ii - Section 16. Severabi! Should any provision o declared by a Court of compete decision shall not affect the a whole, or any part hereof, o to be declared invalid. Section 17. Effective This ordinance shall t passage and as provided by law ATTEST: ~ity Clerk ity. f any section of this Ordinance be nt jurisdiction to be invalid, such validity of the remainder hereof as ther than the provision or section date. eke effect immediately upon its I HEREBY CERTIFY that foregoing ordinance was given of the Florida Statutes, on Vero Beach Press Journal, a ne' the City of Sebastian, Florida in the City Hall of the City o P.M. on ~~~~__~, on first reading on ~~ ordinance passed on h~h~d~and the City Council of the City o , 1975. Notice of Public Hearing of the in accordance with Chapter 166.041, ~~ ~ '~ , 1975, in the ~aper ~f general circulation in that said public hearing was held Sebastian, Florida, at ~ o'clock 1975; that said ordinance passed ~ ~ , 1975, and that said / final reading and was adopted by f Sebastian, Florida, on City Clerk