HomeMy WebLinkAboutItem 13 Second Reading of Ordinance Updating the City's Code of Ordinances Chapter 45, Arbor Code
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: March 5, 2024
Item #: 13
Contact Name: Michael Rumer Department Director: Michael Rumer
Contact Number: Ext. 1018 City Manager: Robert Frank
Subject: Second Reading of Ordinance Updating the City's Code of Ordinances Chapter 45,
Arbor Code. (Development Services Director Rumer)
Background Summary:
First Reading was held on February 20, 2024.
On November 7, 2023, the Ocoee City Commission placed a moratorium on tree removal permits whereby
Homeowners Association or Property Owners Association requests a form of blanket tree removal permit to remove
more than one (1) tree in a private right-of-way, landscape buffer, or common open space. Also, based on a new
State law passed in 2022, the Florida legislature amended Section 163.045, Florida Statutes, to limit the
circumstances under which the owners of residential property can remove trees without a permit, to require, at the
time of tree removal, possession of documentation of an onsite Tree Risk Assessment report meeting industry
standards signed by a certified arborist or licensed landscape architect.
Staff is proposing an amendment to the City's Code of Ordinances with an update to Chapter 45, Arbor Code, to
provide a process for the City Commission to review tree removal applications in private residential right-of-ways,
landscape buffers, and common open space areas; and to clarify existing regulations and revise the City’s tree
removal regulations and procedures to conform to both Section 163.045, Florida Statutes and the industry Risk
Assessment standard of arborists and landscape architects.
The existing sections of the arbor code which include replacement requirements are proposed to remain with no
amendments.
Issue:
Should the Honorable Mayor and City Commissioners approve an amendment to the City Code of
Ordinances, Chapter 45 Arbor Code?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve an amendment to the City Code of
Ordinances, Chapter 45 Arbor Code.
Attachments:
1. Redlined Ordinance
2. Legal Ad
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Financial Impacts:
None
Type of Item: Second Reading Public Hearing
AN ORDINANCE OF THE CITY OF OCOEE AMENDING
SECTION 45-4 OF ARTICLE I AND SECTION 45-13 OF
ARTICLE II OF CHAPTER 45 OF THE CITY OF OCOEE
CODE OF ORDINANCES TO CLARIFY THE DEFINITION
OF A PROTECTED TREE, TO REQUIRE JUST CAUSE FOR
REMOVAL OF A PROTECTED TREE AND TO PROVIDE
FOR A STANDARD OF REVIEW, RISK ASSESSMENT
CRITERIA, AND ADDITIONAL CONSIDERATIONS FOR
ISSUANCE OF A TREE REMOVAL PERMIT;
ESTABLISHING STANDARDS FOR DOCUMENTATION
WHEN PROTECTED TREES ARE REMOVED WITHOUT A
PERMIT; AND PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee (the “City”) recognizes the
importance of maintaining or increasing the tree canopy within the City; and
WHEREAS, the City contains many species of native and non-native trees of significant
size and quality that contribute in a positive way to the environment, scenic beauty and aesthetics
of the City; and
WHEREAS, the Florida Urban Forestry Council has designated the City of Ocoee a Tree
City USA community;
WHEREAS, the City recognizes that properly maintained trees increase property values,
filter air pollutants, maintain the natural ecology, temper the effects of extreme temperatures,
reduce stormwater runoff, prevent topsoil erosion, and otherwise help create and maintain the
distinct identity and visual character of the City; and
WHEREAS, the City’s Arbor Code, at Section 45-4, defines a “Protected Tree” as, “any
tree that has a DBH of more than eight inches, and which is not otherwise exempted from this
code. In addition, all palms with at least four and one-half feet of clear trunk between the ground
level and lowest frond are declared to be protected trees. In addition, all specimen and historic
trees are protected trees.”
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WHEREAS, the City finds that the wanton and wholesale destruction of Protected Trees
in the City impairs scenic beauty, causes erosion, reduces property values, and causes heat islands,
and may lead to other detrimental effects to the public’s health, safety, and welfare; and
WHEREAS, the City seeks to prevent the misuse of the tree permitting system and
prevent unjustified and unmitigated removal of healthy of trees, in order to continue its efforts to
protect the City’s scenic beauty, property values, and happiness of its citizens through proper tree
maintenance, including tree thinning, root pruning, installation of root barriers and other
arboricultural best management practices to safeguard and prevent significant damage to roads,
sidewalks, and utility infrastructure;
WHEREAS, an onsite Risk Assessment is the industry standard for arborists and
landscape architects to determine whether a Protected Tree should be removed;
WHEREAS, in 2022, the Florida legislature amended Section 163.045, Florida Statutes,
to limit the circumstances under which the owners of residential property can remove trees without
a permit, so as to require, at the time of tree removal, possession of documentation of an onsite
Tree Risk Assessment report meeting industry standards signed by a certified arborist or licensed
landscape architect;
WHEREAS, the City has deemed it necessary to clarify existing regulations and to revise
the City’s tree removal regulations and procedures to conform to Section 163.045, Florida Statutes,
and the industry Risk Assessment standard of arborists and landscape architects to promote the
City’s health, safety, and welfare; and
WHEREAS, the City desires for the Development Services Department to
administratively process most applications for tree removal; and
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WHEREAS, the City desires that the City Commission shall determine whether to approve
the removal of trees along private rights-of-way, landscape buffers, and common open space areas
within a development in order to ensure the preservation of existing canopies; and
WHEREAS, the City finds that the standards set forth herein are reasonable, will promote
and protect the best interests of residents and businesses of the City, and will ensure that the goals
and policies of the City’s tree preservation and protection laws are met; and
WHEREAS, the portions of Chapter 45, the Arbor Code, Sections 45-4 and 45-13 of the
Code of Ordinances, are to be amended and modified as described in each section and amended to
read as shown herein.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, AS FOLLOWS:
SECTION 1. That Chapter 45, the “Arbor Code,” Section 45-4 of the Code of Ordinances
is hereby amended and modified to amend the definition of a Protected Tree to read as follows
(underlined language are additions; stricken-through language are deletions; sections not included
are not being modified):
§ 45-4. - Definitions.
PROTECTED TREE — Any tree that has a DBH of more than eight (8) inches or greater
and any tree, regardless of size and height, which has been newly planted as part of the construction
of a single-family dwelling, subdivision infrastructure and open space areas/tracts, non-residential
development or required replacement tree, and which is not otherwise exempted from this code.
In addition, all palms with at least four and one-half (4½) feet of clear trunk between the ground
level and the lowest frond are declared to be protected trees. In addition, all specimen and historic
trees are protected trees.
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SECTION 2. That Chapter 45, the “Arbor Code,” Section 45-13 of the Code of Ordinances
is hereby amended and modified to read as follows (underlined language are additions; stricken-
through language are deletions; sections not included are not being modified):
§ 45-13. - Permit required.
A. Permit Required for Removal of Protected Trees. No person shall, directly or indirectly, put
down, destroy, remove or move; or effectively destroy through damaging; or authorize the
cutting down, destroying, removing, moving or damaging of any pProtected tTree on private
premises without first obtaining a permit from the Building Division Department unless
otherwise provided herein, except that a tree removal permit is not required for a tree within a
subdivision landscape buffer along a public right-of-way that is deemed or considered unsafe
during construction by the Site Contractor where a road improvement project is underway.
Submission of Aan application for a tree removal permit shall include any fee prescribed by the
City’s schedule of fees and photographs of the tree in question clearly showing the distress or
disease of the tree and/or photographs of the infrastructure or other property damage, and shall
be made on a forms provided by the City Department. The application and shall contain, at a
minimum, the following information:
(1) Identification of theThe property location concerned for tree removal by street address
or, if not available, by lot number and legal descriptionparcel identification number.
(2) A plot plan/survey indicating the property boundaries, surrounding streets, north
arrow, scale, location of tree to be removed, and location of all replacement trees, if applicable.
(3) A description of the tree and reason establishing just cause for removal.
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B. Just Cause Required for Removal. No tree permit will shall be issued without the applicant
demonstrating just cause for the removal of the a Protected Tree. Just cause means that the
Protected Tree imposes an unacceptable risk, assessed as a moderate, high, or an extreme risk to
persons or property, determined in accordance with the criteria set forth in this Section. may be,
but not limited to:
(1) Diseased.
(2) Injured, such as being struck by vehicle or lightning.
(3) In danger of falling too close to existing structure inflicting damage.
(4) In danger of falling too close to proposed structure inflicting damage.
(5) Interferes with utility services.
(6) Creates unsafe condition.
C.Standard of Review. Each application for a permit to remove a Protected Tree shall be
reviewed, a site visit may be conducted by City staff or contractor, and a decision shall be
rendered whether to approve or deny the application (in whole or in part) on the basis of the
tree assessment standards set forth by the International Society of Arboriculture’s Tree Risk
Assessment Qualification (ISA TRAQ). If a Protected Tree poses an unacceptable risk to
persons or property, it should only be approved for removal if all other professionally
acceptable means of pruning, maintenance or thinning have been exhausted and removing the
entire tree is the only means of practically mitigating its risk to persons or property to below
moderate risk, as determined by the tree risk assessment procedures outlined in Best
Management Practices – Tree Risk Assessment (2nd edition 2017).
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D.The Risk Assessment Criteria. The ISA TRAQ considerations for Risk Assessment of
trees include, but are not limited to:
(1) The topography where the tree is located, whether flat or sloped;
(2) Soil conditions;
(3) The health of the tree, including its vigor; whether foliage is normal, chlorotic or
necrotic; evidence of any pest infestation; evidence of any abiotic factors affecting the health
of the tree such as light, water, and soil; and identification of any failure(s) in branches, the
trunk, or roots;
(4) Load factors on the tree, including wind exposure, relative crown size, crown
density; the density of interior branches, and any vines growing on the tree;
(5) The condition of the trunk, including any lightning damage, damage if struck by a
motor vehicle, heartwood or other decay; dead or missing bark; any cavity or nest hole; the
load on any defective part of the tree, and likelihood of failure;
(6) The condition of the roots and root collar, including any dead roots, decay; soil
weakness; the load on any defect in the roots and root collar, and likelihood of failure;
(4) For each part of the tree of concern, the likelihood of failure (categorized as
Improbable, Possible, Probable, or Imminent), the likelihood of impact (categorized as Very
Low, Low, Medium, or High), and the expected consequences of the tree impacting a target
(categorized as Negligible, Minor, Significant, or Severe);
(5) An overall rating of the likelihood of the tree impacting a target, (categorized as
Unlikely, Somewhat Likely, Likely, or Very Likely), based on the following Likelihood of
Impact Matrix:
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Likelihood of Impacting TargetLikelihood of
Failure Very Low Low Medium High
Imminent Unlikely Somewhat
likely Likely Very likely
Probable Unlikely Unlikely Somewhat
likely Likely
Possible Unlikely Unlikely Unlikely Somewhat
likely
Improbable Unlikely Unlikely Unlikely Unlikely
(6) An overall risk rating for the tree (categorized as either Low, Moderate, High, or
Extreme), based on the following Risk Rating Matrix:
Consequence of FailureLikelihood of
Failure & Impact Very Low Low Medium High
Very likely Low Moderate High Extreme
Likely Low Moderate High High
Somewhat likely Low Low Moderate Moderate
Unlikely Low Low Low Low
(6) An identification of any mitigation options, including pruning one or more branches
or roots that may reduce the overall Risk Rating to Low.
(7) An identification of any limitations on the inspection performed by the City,
including a lack of visibility or access.
E.Additional Considerations. Additional considerations in determining whether to
approve the removal of a Protected Tree may include, but are not limited to:
(1) Canopy coverage and available planting space on the lot.
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(2) Significant to severe damage to structures or hardscapes, including sidewalks,
roads, and swimming pools, which the City determines cannot be mitigated
through measures other than tree removal, such as pruning of one or more
branches or roots.
(3) Whether structural improvements on the property were designed to avoid or
minimize potential need for the removal of the tree(s) under review.
(4) Whether denial of the permit would create an unreasonable hardship on the
property owner by severely limiting the use of the property in a manner not
typically experienced by owners of similarly zoned and situated properties. A
minor reduction of the potential number of residential units or building size due
to the tree location does not represent a severe limit of the economic enjoyment
of the property.
(5) The applicant has demonstrated to the satisfaction of the City that no reasonable
alternatives would allow preservation of the tree(s).
(F)Separate applications. A separate application and application fee must be submitted for
the removal of Protected Trees to be removed if the trees are located on separate lots,
tracts or parcels. A tree Risk Assessment must be conducted separately and an application
fee paid for each tree to be removed.
(G)Review by the City.
(1) Administrative Review: The Development Services Department shall consider all
applications for tree removal for administratively approval, except as otherwise stated
herein.
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(2) Commission Review: At a publicly noticed hearing, the City Commission shall
consider for approval any application for tree removal or replacement of more than one
(1) tree within a private road right-of-way, landscape buffer, or common open space tract.
Such tree removal shall require issuance of a Large-Scale Tree Removal permit following
City Commission approval.
(H)Documentation Required for Tree Removal on Residential Property without a Permit.
(1) A “Residential Property” under this section means a single family, detached
building located on a lot that is actively used for single family residential purposes
and that is either a conforming use or a legally recognized nonconforming use in
accordance with the City’s land development regulations.
(2) In accordance with Section 163.045, Florida Statutes, a property owner or other
person who removes a Protected Tree on a Residential Property without a permit
must, at the time of removal, possess written documentation of an onsite Risk
Assessment signed by an arborist certified by the International Society of
Aborciculture (ISA) or a Florida licensed landscape architect that the tree poses
an unacceptable risk to persons or property. A Protected Tree poses an
unacceptable risk if removal of the entire tree is the only means of practically
mitigating its risk to below moderate, as determined by the tree risk assessment
procedures outlined in Best Management Practices – Tree Risk Assessment (2nd
edition 2017). Documentation of an onsite Risk Assessment, even if signed by a
certified arborist or licensed landscape architect, that was conducted after a
protected tree was removed without a permit shall not constitute appropriate or
acceptable documentation or justification.
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(3) The Risk Assessment must identify the credentials, name, address, office and cell
phone number and certification signature of the certified arborist or Florida
licensed landscape architect.
(4) Upon request, the onsite Risk Assessment must be presented to any city officer,
employee or city contractor requesting review of such documentation. Within ten
(10) days after commencement of the tree removal, the property owner shall have
the onsite Risk Assessment delivered to the City’s Development Services
Department.
(5) Failure to comply with this subsection or any part thereof constitutes a violation
of this code.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is, for any reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, severed, distinct, and independent provision,
and such holding shall not affect the validity of the remaining portions of this Ordinance.
SECTION 4. Conflict. In the event of a conflict or conflicts between this Ordinance and any
other Ordinance or provision of law, this Ordinance controls to the extent of the conflict, as
allowable under the law.
SECTION 5. Effective Date. This Ordinance shall become effective upon approval at a second
reading.
PASSED AND ADOPTED this _______ day of _____________________, 2024.
ATTEST:APPROVED:
CITY OF OCOEE, FLORIDA
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Melanie Sibbitt, City Clerk
(SEAL)
Rusty Johnson, Mayor
ADVERTISED: __________________, 2024
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this ______ day of __________________, 2024.
FISHBACK DOMINICK
By:
Richard S. Geller
City Attorney
ADVERTISED ___________________, 2024
READ FIRST TIME ______________, 2024.
READ SECOND TIME AND ADOPTED
_______________________________, 2024.
UNDER AGENDA ITEM NO. _______