HomeMy WebLinkAboutO-97-27ORDINANCE NO. 0-97-27
AN ORDiNANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTIONS 20A-14.2. AND 20A-
14.6. OF THE LAND DEVELOPMENT CODE RELATING TO
PROCEDURES REGARDING TREE PROTECTION BY
SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR
CITY CLERK; PROVIDiNG FOR CODIFICATION; PROVIDiNG
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the
Land Development Code relating to procedures regarding tree protection by substituting
Community Development Director for City Clerk; and
WltEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the
best interests of the health, safety, and general welfare of the community to do so,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNC1L OF THE
CITY OF SEBASTIAN, FLORIDA, THAT:
Section 1. Section 20A-14.2. of the Land Development Code, City of Sebastian, Florida is
hereby amended to read as follows:
Sec. 20A-14.2 Definitions.
Tree;
Any living self-supporting and erect, standing woody plant having at least
one well-defined stem, as 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 community
development director, as adopted by resolution of the city council and revised as required,
from time to time.
Section 2. Section 20A-14.6. of the Land Development Code, City of Sebastian, Florida is
hereby amended to read as follows:
See. 20A-14.6. Tree protection.
A. Application before certain activities; removal of undesirable trees; provision
of homeowner's packet; replacement of certain trees. 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 undesirable exotic trees must be removed
by the developer at the time of clearing. The department shall provide to each permit
applicant a "homeowner's packet" that includes, at 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 "homeowner's packet" regarding tree protection. All protected
trees, specimen 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 community development director
and environmental administrator.
Section 3. CODIFICATION. It is the intention of the City Council of the City of
Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the
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Land Development Code of the City of Sebastian, Florida, and that the sections of this
Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to
"Section", "Article", or such other word or phrase in order to accomplish such intention.
Section 4. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or
parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
Section 5__~. SEVERABIL1TY. If any clause, section, or other part or application of
this Ordinance shall be held by any Court of competem jurisdiction to be unconstitutional or
invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in
no way affecting the validity of the remaining portions or applications, which shall remain in full
force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997.
PASSED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, FLORIDA, ON
'
FIRST READING, THIS DAY , 1997. PASSED AND ADOPTED BY
FINAL READING, THL~DAY OF~r'~dt~ -~x~/ , 1997.
The foregoing Ordinance ,alas moved for adoption by Councilmember
~.¢4L)d~.'..c'~4 The motion was seconded by Councilmernber
/~c~ and, upon being put into a vote, the vote was as follows:
Mayor Walter W. Barnes
Vice Mayor Richard J. Taracka
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
he Mayor
thereupon declared this Ordinance duly passed and adopted thi~ay of
,1997.
CITY OF SEBASTIAN, FLORIDA
By: \~J 6.~_1~3, \l~J ~
Walter W. Barnes, Mayor
ATTEST:
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