HomeMy WebLinkAboutItem 14 Second Reading of Ordinance Updating Chapter 45, Arbor Code, and Chapter 163, Trees on Public Lands
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: February 18, 2025
Item #: 14
Contact Name: Ginger Corless Department Director: Ginger Corless
Contact Number: Ext. 1028 City Manager: Craig Shadrix
Subject: Second Reading of Ordinance Updating Chapter 45, Arbor Code, and Chapter 163,
Trees on Public Lands, Code of Ordinances, Relating to the Definition of a Protected Tree and
Tree Protection, Trimming, and Removal Requirements. (Development Services Director
Corless)
Background Summary:
First Reading of the Ordinance was held on January 7, 2025.
On November 7, 2023, the Ocoee City Commission placed a moratorium on tree removal permit requests by
Homeowners Association (HOA) or Property Owners Association (POA) in the form of a 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 declaring that a tree posed a moderate, high, or extremely high risk to persons or property.
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, and Chapter 163, Trees on Public Lands,
within the Code of Ordinances. The following provides an overview of the amendment and highlights changes
from the first reading.
1. Updates the definition of "protected tree" clarifying that a protected tree is eight inches or greater and
includes newly planted trees required to meet Land Development Code or planted as replacement
trees.
2. Clarifies and revises regulations relative to tree removal requirements, including application, review
process, and determination of just cause.
3. Provides a process for City Commission review of tree removal applications in residential
developments to maintain the landscape aesthetic of each community. Language has changed since
First Reading to remove the reference to “private” only and add a process for compliance with Code for
all residential communities and subdivision right-of-ways, landscape buffers, parking areas, and
common open space areas.
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
4. Establishes regulations related to tree removal in conformance with Section 163.045, Florida Statutes,
including a requirement for providing the City with a copy of any Risk Assessment report, prepared by
a certified arborist or licensed landscape architect, that lead to the removal of a tree, within 10 dates of
removal.
5. Provides regulations on tree pruning for tree branches that overhang streets and sidewalks.
6. Lists prohibited pruning activities and techniques.
As it pertains to number 5 above, the amendment addresses the minimum clearance for tree branches,
providing for clear travel on roads and safe passage on sidewalks, and public ways; regardless if the road or
sidewalk is within a private development or not. On a related note, City staff is in the process of developing
tree and landscape maintenance standards that will be followed by our staff and landscape maintenance
contractors.
Issue:
Should the Honorable Mayor and City Commissioners approve an amendment to the City Code of
Ordinances, Chapter 45 Arbor Code, and Chapter 163, Trees on Public Lands?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve an amendment to the City Code of
Ordinances, Chapter 45 Arbor Code and Chapter 163, Trees on Public Lands.
Attachments:
1. Section 163.045 FS
2. Ordinance for Tree Removal Permits (Strike-outs and Underlines ) - Second Reading
3. Advertisement
4. Business Impact Estimate Form - Ordinance Updating Chapter 45, Arbor Code
Financial Impacts:
None
Type of Item: Second Reading Public Hearing
ORDINANCE NO. 2025 -
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
CHAPTER 163, 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 RIGHT OF
WAY TREE PRUNING 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 and 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
2
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
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 residents 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 to be used by certified
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 an occupied single family detached
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, declaring that the tree poses a
moderate, high, or extreme risk to person or property;
3
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 used by certified 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
WHEREAS, the City desires that the City Commission shall determine whether to approve
the removal of multiple trees within 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
and Chapter 163, Trees on Public Lands, Section 163.8 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):
4
§ 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, that 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.
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, infrastructure or other
5
property damaged or in danger of being damaged and shall be made on a form provided by the
City.
(1) The application for tree removal on residential property shall contain, at a
minimum, the following information:
(a) The property location for tree removal by street address or, if not
available, by parcel identification number;
(b) 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; and
(c) A description of the tree and reason establishing just cause for removal.
(2) In addition to the information listed in Section (1) (a)-(c) above, a homeowners
association or property owner association that seeks to remove multiple trees on association-owned
property or on the property of private homeowners by requiring private homeowners to remove
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
6
ii. Provide a proposed plan for tree removal and replacement of trees in order
to meet current code.
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;
(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 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 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 care, including disease and pesticide control, pruning,
maintenance or thinning, including root pruning and maintenance, have been exhausted, with
documentation provided, 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:
7
(1) Canopy coverage and available planting space on the lot;
(2) The health of the tree, including clear evidence of any pest infestation, disease,
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 cannot be mitigated through measures other than tree removal, such
as pruning of one or more branches or roots;
(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; and/or
(7) The applicant has demonstrated to the satisfaction of the City that no reasonable
mitigating alternatives would allow preservation of the tree(s).
(E) 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.
(F) 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.
8
(2) Commission Review of Applications for Tree Removal in Communities and
Subdivisions: At a publicly noticed hearing, the City Commission shall consider any
application for removal of multiple trees in residential developments along a 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;
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.
(G) 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 Code. The term “residential
9
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, public rights-of-way, or land subject to particular landscaping, tree
planting, or preservation requirements pursuant to an executed development
agreement, landscape easement granted to the City, or a 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 declaring that the tree poses an extreme, high, or moderate risk to persons
or property. Such documentation must demonstrate 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 proposed to be removed, 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.
10
(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) 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 of the City Code.
(6) Failure to comply with this subsection or any part thereof constitutes a violation
of this code.
SECTION 3. That Chapter 163, Section 163-8 of the Code of Ordinances (Trimming) is hereby
renamed 163, Section 163.8 (Pruning) and 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 pruned so that the lowest branches projecting over the
public any street provide providing 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 Development Services Director or
his/her designee may waive the provisions of this Section if he/she determines that they do not
11
interfere with public travel, obstruct the light illuminance of any street light streetlight, or endanger
public safety.
B. 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 whose branches of which extend over the sidewalk, shall be trimmed
pruned so that no branch shall grow or hang over the line of the sidewalk lower than ten8.5 feet
above the level of the sidewalk, provided that the tree retains a live crown ration of at least 50%
C. No tree shall be permitted to grow in such a manner as to obstruct the proper diffusion of
light from any public lamp.
D. Trees shall be pruned in accordance with 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.
12
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
ADVERTISED: __________________, 2025
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. _______
FIRST INSERTIONCITY OF OCOEENOTICE OF PUBLIC HEARINGFOR AN AMENDMENT TO CHAPTER 45 ARBOR CODE AND CHAPTER 163 TREES ON PUBLIC LANDS OF THE CITY OF OCOEE CODE OF ORDI-NANCES RELATING TO THE DEFINITION OF A PROTECTED TREE AND TREE PROTECTION, TRIMMING AND REMOVAL REQUIREMENTS
NOTICE IS HEREBY GIVEN, that on TUESDAY, FEBRUARY 18, 2025, AT 6:15 P.M. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers located at 1 North Bluford Avenue, Ocoee, Florida, to consider a proposed amendment to Chapter 45 of the City of Ocoee Code of Ordinances pertaining to the definition of a Protected Tree in Section 45-4 of Article I, the tree removal requirements in Section 45-3 and 45-15 of Article II, and Chapter 163, Section 163-8 of the City of Ocoee Code of Ordinances to establish standards for tree pruning.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 CHAPTER 163, SECTION 163-8, OF THE CITY OF OCOEE CODE OF ORDINANCES TO CLARIFY THE DEF-INITION 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 DEVEL-OPMENT 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 ESTAB-LISH STANDARDS FOR RIGHT-OF-WAY TREE PRUNING AND TO IDENTIFY PROHIBITED ACTIVITIES; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. Interested parties may appear at the public hearing and be heard with respect to the proposed action. The complete case file may be inspected at the Ocoee Devel-opment Services Department, located at 1 North Bluford Avenue, Ocoee, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except for legal holidays. The City Commission may continue the public hearing to other dates and times as it deems necessary. Any interested party shall be advised that the dates, times, and places of any continuation of these or continued public hearings shall be announced during the hearings and that no further notices regarding these matters will be published. You are advised that any person who desires to appeal any deci-sion made during the public hearings will need a record of the proceedings and, for this purpose, may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of the proceedings should contact the City Clerk’s Office 48 hours in advance of the meeting at (407) 905-3105.February 6, 2025 25-00427W
1
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 CHAPTER
163, 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 RIGHT OF
WAY 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.
2
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 portions of 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 residential rights-of-ways, landscape buffers, parking
areas, and common open space. The proposed ordinance also amends Chapter 163, Trees on
Public Lands, Section 163.8 clarifying tree pruning regulations for trees that overhang streets and
sidewalks.
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