HomeMy WebLinkAboutItem 06 First Reading of Ordinance Updating Chapter 45, Arbor Code, Code of Ordinances, Regarding Tree Removal Process
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: January 7, 2025
Item #: 6
Contact Name: Ginger Corless Department Director: Ginger Corless
Contact Number: Ext. 1028 City Manager: Craig Shadrix
Subject: First Reading of Ordinance Updating Chapter 45, Arbor Code, Code of Ordinances,
Regarding Tree Removal Process. (Development Services Director Corless)
Background Summary: On November 7, 2023, the Ocoee City Commission placed a moratorium on tree
removal permits whereby Homeowners Association (HOA) or Property Owners Association (POA) 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 and 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.
On March 5, 2024, the Ocoee City Commission directed staff to evaluate and develop standards for tree pruning
and maintenance, especially as they relate to street trees and utility lines.
Thus, staff is proposing an amendment to Chapter 45, Arbor Code, within the Code of Ordinances, in order to:
1. Update the definition of "protected tree",
2. Clarify and revise regulations relative to tree removal requirements, including application, review process,
and determination of just cause,
3. Provide a process for City Commission review of tree removal applications in residential developments
when such applications are within private residential right-of-ways, landscape buffers, parking areas, and
common open space areas,
4. Establish regulations relative to tree removal in conformance with Section 163.045, Florida Statutes,
5. Clarify the purposes of tree pruning and provide regulations on tree pruning and maintenance, and
6. List prohibited activities and techniques.
Staff anticipates bringing this back to the Commission for second reading at the February 18, 2025, City
Commission Meeting.
Issue:
Should the Honorable Mayor and City Commissioners approve an amendment to the City Code of
Ordinances, Chapter 45 Arbor Code?
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve an amendment to the City Code of
Ordinances, Chapter 45 Arbor Code.
Attachments:
1. Ordinance for Tree Removal Permits
2. Section 163.045 of the 2023 Florida Statutes
3. Business Impact Estimate Form - Ordinance Updating Chapter 45, Arbor Code
Financial Impacts:
None
Type of Item: First Reading
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AN ORDINANCE OF THE CITY OF OCOEE AMENDING
CHAPTER 45, SECTION 45-4 OF ARTICLE I, AND
SECTIONS 45-13 AND 45-15 OF ARTICLE II, AND
SECTION 163-8 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, TO PROVIDE FOR
A PROCESS FOR REVIEW AND ADDITIONAL
CONSIDERATIONS FOR APPROVAL OF A TREE
REMOVAL PERMIT BY THE DEVELOPMENT SERVICES
DEPARTMENT OF THE CITY OF OCOEE AND THE CITY
COMMISSION, TO ESTABLISH STANDARDS FOR
DOCUMENTATION WHEN PROTECTED TREES ARE
REMOVED ON RESIDENTIAL PROPERTY WITHOUT A
PERMIT, TO ESTABLISH STANDARDS FOR TREE
PRUNING AND MAINTENANCE AND TO IDENTIFY
PROHIBITED ACTIVITIES; 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, currently defines a “Protected Tree”
as, “any tree that has a DBH of more than eight inches, and which is not otherwise exempted from
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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.”
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 removal 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 pruning, 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
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WHEREAS, the City desires for the Development Services Department to
administratively process most applications for tree removal; and
WHEREAS, the City desires that the City Commission shall determine whether to approve
the removal of multiple trees along private rights-of-way in private subdivisions where removal
will leave 100 lineal feet or more of the private right-of-way, landscape buffer, parking lot, or
common open space tract without tree coverage, or substantially change the aesthetic and
landscape character of the community, or cause an inconsistency with an approved landscaping
plan; 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, 45-13 and 45-15
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
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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.
SECTION 2. That Chapter 45, the “Arbor Code,” Section 45-13 of the Code of Ordinances
is hereby deleted in its entirety and amended and modified to read as follows (underlined language
are additions:
§ 45-13. - Permit required.
A. Permit Required for Removal of Protected Trees. No person shall, directly or indirectly, put
down, destroy, remove (as defined herein), or move; or effectively destroy through damaging; or
authorize the cutting down, destroying, removing, moving or damaging of any protected tree on
private premises without first obtaining a permit from the Building Division 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 Building or Zoning Official where a road improvement project is underway.
Submission of an 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, location of the tree in relation to nearby structures, and/or photographs of the
infrastructure or other property damage, and shall be made on a form provided by the City. The
application shall contain, at a minimum, the following information:
(1) The property location for tree removal by street address or, if not available, by parcel
identification number.
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(2) A plot plan/survey indicating the property boundaries, surrounding streets, north arrow,
scale, and the location and common or scientific name of tree(s) to be removed, tree(s) to be
preserved, and trees to be planted as replacement trees, if applicable. Replacement trees must be
located or planted a minimum of ten (10) feet from all existing structures or, if less than ten (10)
feet is available, at the farthest point possible from any existing structure.
(3) A description of the tree and reason establishing just cause for removal.
(4) A homeowners association that seeks to remove multiple trees on association-owned
property or on the property of private homeowners by requiring private homeowners to remove
their trees shall:
i. Provide an onsite Risk Assessment report signed by an arborist certified by
the International Society of Arboriculture (ISA) or a Florida licensed landscape architect
establishing that removal of each tree in its entirety 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); and
ii. Provide a proposed plan for tree removal and replacement of trees in order
to adhere to the originally-approved landscape plan for the subdivision.
B. Just Cause Required for Removal. No permit shall be issued without the applicant
demonstrating just cause for the removal of a Protected Tree. Just cause must include evidence
that:
(1) The tree is severely diseased, severely injured, or dead;
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(2) The tree has a trunk that is located within ten (10) feet of a structure and poses a clear
risk that cannot be mitigated to below moderate or has caused significant damage to the structure;
(3) The tree is at risk of falling onto persons or an existing structure inflicting personal
injury or property damage and the risk cannot be mitigated to below moderate, or
(4) The tree interferes with utility lines or other utility appurtenances and creates an unsafe
condition or unreasonable risk of property damage that cannot be mitigated to below moderate.
C. Process of Review. Each application for a permit to remove a Protected T ree 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 based on the evidence provided and an on -
site tree assessment if needed . A Protected Tree should only be approved for removal if all
other professionally acceptable means of pruning, maintenance or thinning, incl uding root
pruning and maintenance, have been exhausted and removing the entire tree is the only means
of practically mitigating its risk to persons or property to below a moderate risk.
D. Additional Review 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.
(2) The health of the tree, including clear evidence of any pest infest ation, rot,
oozing, broken limbs, cavity, decay, or root girdling.
(3) Significant to severe damage that is occurring to structures or hardscapes ,
including sidewalks, driveways, roads, and swimming pools, which the City
determines can not be mitigated through measures other than tree removal, such
as pruning of one or more branches or roots.
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(4) Whether structural improvements on the property were designed to avoid or
minimize potential need for the removal of the tree(s) under review.
(5) 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.
(6) The sidewalk can be leveled to a safe condition for pedestrians by grinding the
cement where a root has lifted the slab;
(7) 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, application fee and supporting
documentation must be submitted for the removal of Protected Trees to be removed if the
trees are located on separate lots, tracts, or parcels.
(G) Review by the City.
(1) Administrative Review: The Development Services Department shall consider all
applications for tree removal for administrative review and approval, except as otherwise
stated in Subsection 2 below.
(2) Commission Review of Applications for Tree Removal in Private Communities with
City-Approved Landscaping Plans: At a publicly noticed hearing, the City Commission
shall consider any application for removal of multiple trees in residential developments
along a private road right-of-way, or within a landscape buffer, parking area, or common
open space tract when such tree removal will:
i. Substantially change the aesthetic and landscape character of the community,
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ii. Cause the landscaping in the pertinent area to be inconsistent with an approved
landscape plan, or
iii. Result in 100 feet or more of contiguous road right-of-way, landscape buffer,
parking area, or a sidewalk devoid of native or non-invasive adapted shade
trees.
Such application shall follow the Large-Scale Site Plan process as established in Section
4-3, Article IV, Land Development Code, and shall include a Landscape Plan and
Irrigation Plan, along with supporting documentation as established in Section 45-13 of
this Article. Such Landscape Plan shall clearly identify the trees proposed for removal,
the respective Risk Assessment for each tree, and any proposed Tree Replacement Plan.
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. The term “residential
property” for purposes of this subsection does not include any property not
meeting the aforementioned definition including, but not limited to, multifamily
property, common areas owned by a homeowners or condominium association,
vacant land zoned or designated residential or mixed use on the City’s Zoning
Map or Future Land Use Map, public rights-of-way, or land subject to particular
landscaping, tree planting, or preservation requirements pursuant to an executed
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development agreement, landscape easement granted to the City, or conservation
easement.
(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
Arboriculture (ISA) or a Florida licensed landscape architect prior to removal of
the tree that the tree poses an unacceptable risk to persons or property. Such
documentation must demonstrate that the Protected Tree poses an unacceptable
risk and that 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),
and must be provided for each tree individually and separately. 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.
(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
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the onsite Risk Assessment delivered to the City’s Development Services
Department.
(5) Invoking the provisions of this Section and Section 163.045, Florida Statutes, does
not relieve the property owner from compliance with the minimum lot tree
requirements of Section 45-12.
(6) This section does not relieve a property owner of a single family detached home
of any requirement under this code to have a minimum of three trees per lot, or
one tree per lot if a septic tank services the lot.
(7) Failure to comply with this subsection or any part thereof constitutes a violation
of this code.
SECTION 3. That Chapter Section 163-8 of the Code of Ordinances (Trimming) 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):
A. Trees and shrubs standing in or upon any public way, or upon any private premises
adjacent to any public way or public area shall be kept trimmed so that the lowest branches
projecting over the public street provide a clearance of not less than 14.5 feet, provided that the
tree retains a live crown ratio of at least 50% after trimming. The Director or his/her designee may
waive the provisions of this Section if he/she determines that they do not interfere with public
travel, obstruct the light of any street light or endanger public safety.
C. Clearance from sidewalk to lower branches shall not be less than ten 8.5 feet,
provided that the tree retains a live crown ratio of at least 50% after trimming. All trees standing
upon private property in the City, the branches of which extend over the line of the street, shall be
trimmed so that no branch shall grow or hang over the line of the sidewalk lower than ten feet
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above the level of the sidewalk. No tree shall be permitted to grow in such a manner as to obstruct
the proper diffusion of light from any public lamp.
E. E. Trees shall be pruned in accordance the ANSI A 300 Pruning standard and ANSI
A133.1 safety standard Professional Tree Care Resources – Guide for Tree and Palm Maintenance
Along Florida Roadsides, University of Florida IFAS/Extension, as amended.
SECTION 4. 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 5. 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 6. Effective Date. This Ordinance shall become effective upon approval at a second
reading.
PASSED AND ADOPTED this _______ day of _____________________, 2025.
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
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FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this ______ day of __________________, 2025.
FISHBACK DOMINICK
By:
Richard S. Geller
City Attorney
ADVERTISED ___________________, 2025
READ FIRST TIME ______________, 2025.
READ SECOND TIME AND ADOPTED
_______________________________, 2025.
UNDER AGENDA ITEM NO. _______
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City of Ocoee
Business Impact Estimate
Proposed ordinance’s title/reference:
AN ORDINANCE OF THE CITY OF OCOEE AMENDING CHAPTER 45, SECTION 45-
4 OF ARTICLE I, AND SECTIONS 45-13 AND 45-15 OF ARTICLE II, AND SECTION
163-8 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, TO PROVIDE FOR A PROCESS FOR REVIEW AND
ADDITIONAL CONSIDERATIONS FOR APPROVAL OF A TREE REMOVAL PERMIT
BY THE DEVELOPMENT SERVICES DEPARTMENT OF THE CITY OF OCOEE AND
THE CITY COMMISSION, TO ESTABLISH STANDARDS FOR DOCUMENTATION
WHEN PROTECTED TREES ARE REMOVED ON RESIDENTIAL PROPERTY
WITHOUT A PERMIT, TO ESTABLISH STANDARDS FOR TREE PRUNING AND
MAINTENANCE AND TO IDENTIFY PROHIBITED ACTIVITIES; AND PROVIDING
FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida
Statutes. If one or more boxes are checked below, this means the City is of the view that a
business impact estimate is not required by state law 1 for the proposed ordinance, but the City is,
nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural
issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate
may be revised following its initial posting.
X The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including,
but not limited to, any Federal, State, local, or private grant or other financial assistance
accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal
planning, and land development regulation, including zoning, development orders,
development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community development
districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
1 See Section 166.041(4)(c), Florida Statutes.
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In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the City hereby publishes the following
information:
1. Summary of the proposed ordinance (must include a statement of the public purpose, such as
serving the public health, safety, morals and welfare)
Amends Chapter 45, Arbor Code to acknowledge Florida Statutes Section 163.045, provides an
update to the definition of “protected tree”, clarifies and revises tree requirements, provides
Commission review process for private residential rights-of-ways, landscape buffers, parking
areas, and common open space, and clarifies tree pruning and maintenance regulations.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit
businesses in the City of Ocoee, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur; N/A
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be
financially responsible; and N/A
(c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges
or fees to cover such costs. N/A
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance: N/A
4. Additional information the governing body deems useful (if any):
None
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