HomeMy WebLinkAbout2025-03 - Ordinance for Tree Removal PermitsAN ORDINANCE OF OF 1 !
CHAPTER! OF ARTICLE 1, AND
SECTIONSOF
SECTIONCHAPTER 163, OF OF OCOEE
CODE OF ORDINANCES Ti CLARIFY THE DEFINITION
OF A PROTECTED TRE E, TO RE, QUIRE JUST CAUSE FOR
RE MOVAL OF A PROTECTED TREE,PROVIDE !R
PROCESSi AND ADDITIONAL
CONSIDERATIONS i • APPROVAL OF
REMOVAL !
COMMISSION, TO ESTABLISH STANDARDS FOR
DOCUMENTATION i
MOVEDRE ON RESIDENTIAL PROPERTY WITHOUT
TO ESTABLISH STANDARDSFOR RIGHT OF
WAY TREE PRUNING i TO IDENTIFY PROHIBITED
1 PROVIDING FOR C
SEVERA�BILITY,D.
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
WHERE AS, 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
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
arborieultural 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 all 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;
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WHERE AS, 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
WHERE AS, 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.
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; stfieken thfeuo language are deletions; sections not included
are not being modified):
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§ 45-4. - Definitions.
PROTECTED TREE — Any tree that has a DBH of mefe th eight M 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 tj!/2) 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:
A. Pernfit Reouired for Removed 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
Cily'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
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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
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, i
applicable . Replacement trees must be located or planted a minimum of ten (10) feet
from all existing structures or, if less than ten (t 0) 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
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the Intemational Society of Arboriculture (ISA) or a Florida licensed landscape architect
establishing that removal of each tree in its entirely is the only means of practically
mitigating its risk to below moderate, as determined by the tree risk assessment procedures
outlined in Best Manygement Practices — Tree Risk Assessment (2 nd edition 2017), and
ii. Provide a proposed plan for tree removal and replacement of trees in order
to meet current code.
B. Just Cause Reattired 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 utilitylines or other utilijy gpputtenances 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 Uproved 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:
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(1) Canopy coverage and available planting space on the lot-,
Q The health of the tree, including clear evidence of any pest infestation, disease,
rot, oozing, broken limbs, cavity, decay, or root gjKdIjjj�
(D Significant to severe damage that is occurring; to structures or hardscgpes,
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;
f 41 Whether structural improvements on the property were designed to avoid or
minimize potential need for the removal of the tree(s) under review,
fQ Whether denial of the permit would create an unreasonable hardshiponthe
property owner by severely limiting the use of the property in a manner not
typically experienced by owners of similarly zoned and situated properties,
� The sidewalk can be leveled to a safe condition for pedestrians by grinding the
cement where a root has lifted the slab; and/or
Q 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 Cites
(1) Administrative Review: The Development Services Department shall consider all
gpplications for tree removal for administrative review and approval, except as wise
stated in Subsection 2 below.
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(2) Commission Review of Applications for Tree Removal in Communities and
Subdivisions: At a publicly noticed hearing, the City Commission shall consider M
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. Substantiallv change the aesthetic and landscape character of the community;
ii. Cause the landscaping in the pertinent area to be inconsistent with an gpproved
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.
(Q) Documentation Required for Tree Removal on Residential Proper!)) 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 Ci(y's Land Development Code. The term "residential
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property" for purposes of this subsection does not include anyproperty no
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-wgy, or land subject to particular landseving, 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 o
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 prope!ly. 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 (2,,d 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.
(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 apy 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 t 63,045, 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 and 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- gLny 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
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interfere with public travel, obstruct the light illuminance of any street -light or endanger
public safety.
P. ramnMUMUiMUMM-W, I &�Mlr.
pfoperty in the City, the -whose branches of Whie extend over the sidewalk, shall be tfinime
pruned so that no branch shall grow or hang over the line of the sidewalk lower than *n8.5 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 Wening standaM and ANSI
+- -4-14-4 - Guide Lor Tree and Pahn Maintenance
A133.1 s-r-
roLessional Tree Care Resources
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 Fe,6 r, ct.4 n, 2025.
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APPROVED:
CITY OF OCOE E, FLORIDA
Melanie SiWitt, City Clerk Rusty-yo Ro"ayor
(SEAL)
AS TO FTRM AND L GALITY
this day of Fat I'll A It I A 2025.
- --q
a.
By.
Richard S. Geller
City Attorney
ADVERTISED: 202XY
ADVERTISED Fthrtlara 2025
READ FIRST TIME "f --� 2025.
READ SECOND TIME AND ADOPTED
vzecK�'vm��-�� '2025.
UNDER AGENDA ITEM NO, �Lk
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