HomeMy WebLinkAboutO-97-28ORDINANCE NO. 0-97-28
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 20A-14.12. OF THE
LAND DEVELOPMENT CODE RELATING TO PROCEDURES
REGARDING TREE PROTECTION BY CLARIFYING NATIVE
TREE REQUIREMENT, AND LIMITING THE USE OF PALMS FOR
THE TREE REQUIREMENT; 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 clarifying the
native tree requirement, and limiting the use of palms for the tree requirement; 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 COUNCIL OF THE
CiTY OF SEBASTIAN, FLORIDA, THAT:
Section 1. Section 20A-14.12. of the Land Development Code, City of Sebastian~ Florida is
hereby amended to read as follows:
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 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 [shall be as follows:]
Minimum Tree Requirements
.for Residential Lots
Lot Size: Square Feet
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 and more
Minimum Number of Trees
Five (5) trees (minimum three (3) native specimens)
Seven (7) trees (minimum four (4) native specimens)
Twelve (12) trees (minimum six (6) native specimens)
Fifteen (15) trees (minimum eight (8) native specimens)
Eighteen (18) trees (minimum nine (9) native specimens)
Twenty (20) trees (minimum ten (10) native specimens)
(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 (8) feet
and have a minimum diameter of one and one-half (1~/~) inches or a
circumference of 4.7 inches measured at eighteen (18) inches above the finish
grade. Citrus trees may be used, provided that none is less than four (4) feet in
height and the number shall not exceed three (3) or comprise more than
twenty-five (25) percent, whichever is greater, of the required minimum
number of trees on the lot. If palms are used, they shall constitute no more
than thirty-five (35) percent of the total tree requirement and shall have a
minimum of six (6) feet of clear wood.
Each lot owner where a residential unit is located must maintain on the lot a
sufficient number of 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 article 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
a. 2" - 5" dbh = 1 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.
c. All protected, historic and specimen trees may be utilized in the above credit
formula.
(6) At least fifty (50) percent of all new required trees shall be of native species.
Section 2. 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
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 3. 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 4. SEVERABILITY. If any clause, section, or other part or application of
this Ordinance shall be held by any Court of competent 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 5. 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 OF z//~-:3/~ ,1997. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND
FINAL READING, THIS.~-~DAY OF /d~c2~ ,1997.
ie foregoing Ordinance was moved for adoption by
f~/)~,,~ The motion was seconded by
/o~j[ ~[~C. ~ and, upon being put into a vote, the vote was as follows:
Councilmember
Councilmember
Mayor Walter W. Barnes
Vice Mayor Richard J. Taracka
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
~/'~
The Mayor thereupon declared this Ordinance duly passed and adopted this/?~ay of
_ ~/~f/d~ ,1997.
CITY OF SEBASTIAN, FLORIDA
Walter W. Barnes, Mayor
ATTES, T:
Kathryn M. 6~Ialloran, CMC/AAE
(Seal)
City Attorney