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HomeMy WebLinkAboutO-95-01ORDINANCE NO. 0-95-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XIV OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING TO TREE PROTECTION, BY DELETING TIlE EXISTING ARTICLE IN ITS ENTIRETY; PROViDiNG DEFINITIONS; PROVIDING FOR THE APPOINTMENT OF AN ENVIRONMENTAL ADMINISTRATOR; REQUIRING PERMITS FOR REMOVAL OF CERTAIN TREES; REQUIRING SITE PLANS; PROVIDING FOR PENALTIES; ESTABLISHING REQUIREMENTS FOR PERMITS; ESTABLISHING APPLICATION PROCEDURES; PROVIDING FOR CREDITS FOR EXISTING TREES; ESTABLISHING CRITERIA FOR ISSUANCE OF PERMITS; PROVIDING FOR FORMATION OF A TREE ADVISORY BOARD; 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 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 proInote public health, safety and welfare, tlu'ough 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 an 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: "ARTICLE XiV TREE PROTECTION SEC. 20A - 14.1 Purpose and intent. A. Purpose. The purpose of this article is to establish protection regulations for trees within the City in order to better control problems of flooding, soil conservation, air pollution and noise and to make the City a healthier and safer place in which to live. B. Intent. The intent of this article is to encourage the protection of the maximum number of trees and of large specimen trees. It is further the intent that this article encourage in particular the protection of native trees of the City. SEC. 20A- 14.2 Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section: City: Shall mean the incorporated City of Sebastian, Indian River County, Florida. City Manager: Shall mean the City Manager or designee employed by the City authorized in writing by the City Manager to perform one or more of the duties of the City Manager, pursuant to this article. Clearing: Shall mean the land clearing activity which removes trees. Crown: Shall mean all branch parts including all stems, twigs and foliage. Department: Shall mean the Community Development Department. Developer: Shall mean a developer, builder or owner of property who clears or grubs land of a tree or trees, or a person who engages in any construction activity which may injure a tree and results in death of a tree within eighteen months of the injury. (DBH) Diameter At Breast Height: Shall mean the standard measurement of the diameter, in inches, of a single-stemmed tree measured at four and one-half feet (4 1/2') above grade. The DBH of a multi-stemmed tree shall equal the sum total of the diameter of all stems measured at four and one-half feet (4 1/2') above grade. 2 Director: Shall mean the Director of 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. Drip-line: Shall mean an imaginary line along the ground which conforms to the perimeter of the crown of a tree as projected vertically to the ground. Environmental Administrator: Shall mean the City Official appointed by the City Manager to perform the duties specified within this Article. Grubbing: Shall mean the removal of any type of rooted vegetation from land by digging, raking, dragging or otherwise disturbing the vegetation or trees from land. Hazardous Tree: Shall mean a tree that, the Environmental Administrator, finds constitutes a hazard to life or to property as the tree is in imminent danger of falling, or is considered a hazard (i.e., a dead, diseased, broken, split, cracked, leaning or uprooted trees). Historic Tree: Shall mean a tree(s) which has been found to be of 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. Homeowner Packet: Shall mean those documents and informational pamphlets regarding the protection of trees and are available at the City Building Department for homeowners, property owner, contractors and developer. Land Clearing or Grubbing: Shall mean the removal by any means of any type of vegetation or trees from land, but does not include mowing, trimming or pruning so as to maintain vegetation in a healthy, viable condition. Landscape Earth Berm: Shall mean an earthen mound which is not greater that for (4) feet in height which is sodded and planted with additional vegetation to meet the specifications of the required vegetative buffer classification. Landscape Materials: Shall mean vegetation, such as trees, ornamental palms and native plants, which may be complemented by features including, but not limited to, sod and understory. Mulch, rocks and other similar materials may be used in conjunction with the planting of approved landscape materials. Landscaping: Shall mean the preservation or planting of vegetation to enhance the natural environment, pursuant to the provisions of this Section. Mangrove: Shall mean any specimen of the species Avicennia germinans (Black Mangrove), ~Lagun~loria mcemosa (White Mangrove) or Rhizophora Mangle (Red Mangrove). Native Vegetation: Shall mean any and all plant and tree species that are indigenous to the City of Sebastian. Person: Shall mean a natural person, trust, partnership, or corporation. Plot/Site Plan: Shall mean a dimensioned sketch plan showing the location of all structures, driveways, on-site sewage disposal facilities, waterbodies, existing trees and vegetative communities identified by genus and size, proposed landscaping or other information as required by the City of Sebastian. Prohibited or Undesirable Exotic Trees: Shall mean the following five tree species, that if present on the site are considered to be prohibited trees (or undesirable exotic) 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 subsequent removal against said violator: B C. D. Ear tree (Enterolobium cyclocarpum); Chinaberry (Melia azedarch); Australian Pine (Casuarina spp.); Punk tree or cajeput tree (Melaleuca quinquemervia or Melaleuca leucadendron); Brazilian pepper (Schinus terebinthifolius) Protected Tree: Shall mean any tree of four inches D.B.H. or greater or any Quercus (Scrub Oak) tree measured at its base of four inches (4") in circumference or greater, that is not otherwise exempted herein. Protective Barrier: Shall mean a physical structure, such as protective bindings, braces or other similar non-injurious materials which effectively limit access to a protected area. Quercus (Scrub Oak): Shall mean any specimen of the Scrub Oak or of the species Chapmanii (Chapmans Oak), Quercus Geminata (Sand Live Oak), Quercus Minima (Dwarf Live Oak), and Quercus Myrtifolla (Myrtle Oak). 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 machine~¥, 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. Recognized Knowledgeable Person: Shall mean an individual recognized by the City of Sebastian as being knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, landscape architect, licensed landscape contractor, certified nurseryman or person having similar recognizable skills and experience. Root Pruning: Shall mean the cutting of tree roots for the purpose of moving a tree or facilitating nearby construction or landscaping. Specimen Tree: Shall mean any tree twenty (20) inches d.b.h, or more and shall include all red and black mangroves (Rhizophora Mangle and Avicennia Nitide) and exclude palm trees. Topping: Shall mean the removal of vertical leader stems on trees 5" DBH or greater. Tree: Shall mean any living self-supporting and erect, standing woody plant having at least one well-defined stem, is of a species which normally attains a minimum overall height at maturity of at least eight (8') 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. Tree Removal: (See Removal) Tree Survey: Shall mean a method of identifying by name and size all protected, historic, and specimen trees existing on each surveyed site. Undesirable Tree: (See Prohibited and Undesirable Exotic Tree). Verification: Shall mean confirmation by the City Manager or his designee that a tree is historic, a specimen tree or an exotic tree. SEC. 20A- 14.3 Administration. The City official appointed by the City Manager to perform the duties of the Environmental Administrator shall be responsible for administering the provisions of this Article and shall direct, regulate and control the removal of all trees growing now or hereafter in the City. SEC. 20A - 14.4 Historic and Specimen Trees. All "historic trees" designated by Resolution of the City Council require a removal permit approved by the City Council; however, historic and specimen tree (s) designated as hazardous tree (s) by the Environmental Administrator which require immediate action may be removed after verification and obtaining approval from the City Manager. A specimen tree shall not be removed until a removal permit has been issued by the City Manager, or his designee. SEC. 20A - 14.5 Plot / Site Plan requirements for building permits. This section shall apply to all new single and two family residential construction within the City of Sebastian. Each lot where a single or two family residence is constructed must meet the minimum tree requirements established in Section 20A - 14.12 (3). Any applicant for a single or two family building permit must submit a plot/site plan which provides the City with reasonable assurances of compliance with the minimum tree requirements. The provisions of Article XIII shall apply to other types of construction within the City limits of Sebastian. The plot / site plan which is submitted with an application for a building permit shall include as a minimum, the following information: (1) Location of all present and proposed structures, driveways, parking areas and other planned areas; 6 (2) Location and kind of all protected trees, all specimen trees, and all historic trees. (3) Sec 20A - 14.10 shall apply for all trees to be removed, retained, or relocated. (4) Recorded deed indicating the current owner. SEC. 20A - 14.6 Tree protection. Prior to grubbing, clearing or removing any protected trees within the City limits of Sebastian a person shall make application to the City Manager through the Department on a form prescribed by the Environmental Administrator. All prohibited or undesireable exotic trees must be removed by the developer at the time of cleating. The department shall provide to each permit applicant a "homeowners packet" that includes as a minimum, information and techniques relating to the protection of trees during land preparation for construction or construction activities. The owner of the lot must sign the application which acknowledges receipt of a "homeowners packet" regarding tree protection. All protected trees, speci~nen trees and historic trees destroyed or removed without permit approval shall be replaced by a species of tree approved by the City Council. The City Council shall file a list of approved replacement tree species with the City Clerk and Environmental Administrator. The cost of replacing protected, specimen or historic trees shall be incurred by the party responsible for the removal or destruction. Bo Prior to development or construction activity, the developer shall erect suitable protection barriers around all trees to be preserved. Co It shall be unlawful to attach anything to a protected, historic, or specimen tree, other than protective wires, braces or other si~nilar noninjurious materials. It shall be unlawful to retnove any material or ground within a five - foot radius of any protected, historic, or specimen tree. The developer shall not cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a protected, specimen or historic tree within the drip-line of the such tree or groups of trees. SEC. 20A - 14.7 Exceptions to tree protection requirements. A. During the period of any etnergency proclaimed by the Governor of the State of 7 Florida, the City Council of the City of Sebastian or the Mayor of the City of Sebastian as provided within the City Charter, all requirements of this Article may be temporarily suspended by the City Manager for the period of time required by private or City work forces to remove hazardous trees or clear public thoroughfares. All properly licensed plant or tree nurseries shall be exempt from the provisions of this Article only in relation to the trees growing on the premises of the nursery and so planted or growing for the sale or intended sale to the general public in the ordinary course of the licensee's business. SEC. 20A- 14.8 Appeals. Any applicant for a tree removal permit aggrieved by a decision of the City Manager, the Director or the Environmental Administrator made pursuant to this Article may appeal in writing within ten (10) days of the decision to the City Council by filing with the City Clerk. The City Clerk shall inform the City Council of the appeal and shall schedule a hearing within fourteen (14) days of receipt of the appeal. SEC. 20A - 14.9 Penalty. Violation of any of the provisions of this Article or the conditions of a permit issued hereunder shall be unlawful, and 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 site plan approval shall be suspended and all development work shall cease until the site plan approval is reinstated by the City. Each separate act which violates this ordinance shall constitute a separate offense under this ordinance subject to the penalties prescribed in Section 1-10 of the City Code. SEC. 20A - 14.10 Tree removal permit requirement. It shall be unlawful for any person, directly or indirectly, to cut down, destroy, remove, relocate or effectively destroy through damaging any protected, specimen or histohc tree situated on any real property or clear any lot or acreage located with the City, without first obtaining a permit as provided within these provisions. SEC. 20A - 14.11 Exemptions. The prohibited or undesirable Exotic trees outlined in Section 20A - 14.2, Definitions, may be removed without a permit after receiving verification from the City Manager or his designee. 8 SEC. 20A - 14.12 Application for a tree removal permit. Permits for removal, relocation or replacement of individual trees or groups of trees shall be obtained by furnishing a completed application for a permit to the Community Development Department. The application shall be accompanied with a written statement indicating the reasons the applicant seeks to remove, relocate, or replace the trees and one (1) copy of an accurate legible plot/site plan drawn to the largest scale practicable to reveal the following: (1) The location of existing and proposed improvements, if any, including structures, paving and utility easements. (2) The minimum number of trees according to the lot size as designated herein. (3) Minimum Tree Requirements For Residential Building Lots MINIMUM TREE REQUIREMENTS FOR RESIDENTIAL LOTS Lot Size: Squaref~g~ 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 Minimum Number of Trees (Protected. Specimen and Historic) Five (5) Trees Seven (7) Trees Twelve (12) Trees Fifteen (15) Trees Eighteen (18) Trees Twenty (20) Trees (4) Trees that are added to a lot in order to satisfy the minimum tree requirements for the lot shall be equal to Florida grade number 1, or greater, utilizing the nursery standards established by the State of Florida Department of Agriculture and Consumer Affairs. The minimum height of each tree except citrus trees must be at least eight feet (8') and have a minimum diameter of one and one-half (1 1/2") inches measured at eighteen (18) inches above the finish grade. Citrus trees may be used provided that none is less than four feet (4') in height and the number shall not exceed three (3) or comprise more than 25%, whichever is greater, of the required minimum number of trees on the lot. Each lot owner where a residential unit is located must maintain on the lot a sufficient number of protected, specimen or historic trees to comply with the requirements in this section. Any protected, specimen or historic tree which dies must be replaced. The failure to maintain the number of trees required by this Section shall constitute a violation of this ordinance and shall subject the violator to the penalties as prescribed in Section 1-10 of the City Code of Ordinances. (5) All existing trees that meet the following criteria may be applied towards meeting the minimum number of trees as required in subsection (3) above. CREDITS 2" - 5" dbh = i tree over 5" - 10 dbh = 2 trees over 10" - 20 dbh -- 3 trees over 20" -30 dbh -- 4 trees over 30" dbh -- 5 trees b. Palm trees may be utilized on a one for one credit basis. All protected, historic and specimen trees may be utilized in the above credit formula. (6) At least 50% of all new required trees shall be of native species. SEC. 20A - 14.13 Fees. A non-refundable permit fee shall accompany each application for the processing, inspection, enforcement and administration of this Article. SEC. 20A - 14.14 Criteria for permit issuance. The City Manager or his desginee in the issuance of a permit for tree removal as required within this Article shall consider criteria as follows: (1) Necessity to remove trees which present a hazard or other unsafe condition to people, vehicular traffic or threaten to cause disruption to public services or public easements; (2) Necessity to remove trees which present a hazard to structures; 10 SEC. Ao (3) (4) (5) (6) (7) (8) (9) (Il) 20A - Necessity to remove diseased, or fallen trees or trees weakened by age, storm, or fire. The extent to which tree removal is likely to result in damage to the property of others, public or private, including damage to lakes, ponds, streams, or rivers, drainage canals or swales; Proposed landscaping improvement including plans whereby the applicant has planted or will plant trees to replace those that are proposed to be cleared; Topography of the land and the adverse impact of tree removal on erosion, soil retention and the diversion or increased flow of surface water, which is necessary to use the land while conserving natural resources. Good forestry practices, i.e., the number of healthy trees that a given parcel of land will support; Necessity to remove trees in order to construct proposed improvements to allow economic enjoyment of the property, including; a. need for access around the proposed structure for construction equipment (maximum often (10) feet); b. need for access to the building site for construction equipment; c. essential grade changes; Use of the land as permitted by the applicable zoning regulations. The extent of any damage or hardship which would result to the applicant from a denial of the requested permit; The species and size of the trees proposed for removal. 14.15 Application review. The City Manager or his designee shall review and grant or deny the permit application within ten (10) working days after receipt of an application filed pursuant to this article, if the application is denied, the reasons therefor shall be in writing and attached to the application. In the event ten (10) working days have lapsed and the City Manager or his designee has not acted on the application, the application shall be deemed to have been granted. 11 B. In the event a site plan is required to be submitted, then the application shall be submitted simultaneously as part of the site plan application and the approval period shall be as required for the site plan review. C. A certificate of occupancy shall not be issued by the City for a residential unit without the applicant first demonstrating compliance with the provisions of Sec. 20A -14.12(3). SEC. 20A - 14.16 Tree Advisory Board There is hereby created a Tree Advism5' Board which shall provide advice to the City Council as requested by the Council on care of trees on City property, preservation of historic trees, proposed planting of trees on City property, proposed amendments to the Tree Protection Ordinance, and such other matters as required by the City Council from time to time. The Tree Advisory Board shall consist of five (5) residents of the City, who shall be appointed by the City Council. Members shall serve without compensation. Initially, three (3) members shall be appointed to 2 year terms and two (2) members shall be appointed to 1 year terms. Thereafter, all appointments shall be for 2 year terms. Vacancies shall be filled by the City Council. Meetings shall be held at such places and times as specified by the City Council from time to time, and shall be open to the public, Section 2. CONFLICTS. All ordinances or parts of ordinance in conflict herewith are hereby repealed. 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 Land Development Code of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. 12 Section 4. SEVERABILITY. 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. Section 5. EFFECTIVE DATE. This Ordinance shall become effective at 12:00 o'clock A.M. on the thirtieth day from the date of the adoption of this Ordinance. The foregoing Ordinance was moved for adoption by Council member /~_c,,~/~_.z~:,~ . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland Councilmember Frank J. Oberbeck V The Mayor thereupon declared this Ordinance duly passed and adopted this ~/ day of /C-_~_~~i~ ,1995. 13 ATTEST: CITY OF SEBASTIAN, FLORIDA Arthur L. Firtlon, Mayor '~Ka~h~yn ~I. 0'Hali;ran; cMC/AAE - City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero 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/c-.~,.~..z~.z.~/, 199,.5~......, and the following said public hearing this Ordinance was passed by the City Council. Kathryn~M. O'Halloran, CMC/AAE City Clerk Approved as to form and content: Clifton A. McClelland, Jr. City Attorney 14