HomeMy WebLinkAboutOrdinance 858
ORDINANCE NO. ~~___
First Reading __11-2:9-85
Second Reading~~:~~-~5
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
ESTABLISHING RULES, REGULATIONS AND PROCEDURES
FOR THE REMOVAL OF TREES FROM PROPERTY WITHIN
THE CITY LIMITS OF THE CITY OF OCOEE, FLORIDA,
PROVIDING FOR FINES AND PENALTY FOR ANY VIOLATIONS
THEREOF, CONFLICTS AND EFFECTIVE DATE.
WHEREAS, the City of Ocoee Board of Commissioners has
determined that it is in the interest of the health, welfare
and safety of its citizens to provide for the protection of
the trees and vegetation in the City of Ocoee, Florida;
NOW THEREFORE, be it enacted by the City of Ocoee,
Florida, as follows:
Article I @gng~s!
A. Findings of Fact and Statement of Purpose
Statement of Purpose
The Board of City Commissioners of Ocoee, Florida, has
determined that requirements for protection of trees in
the City of Ocoee are not only desirable, but are
essential to ensuring the health and general wellbeing of
the community and that the required use of such
restrictions is a proper use of the police powers. The
general removal of trees should be appropriately
controlled and where possible, existing trees should be
preserved on-site as property is developed.
Findings of Fact
Ca)
Trees are proven producers of oxygen,
element for the survival of mankind;
levels of carbon monoxide in the air,
pollutants and reduce noise pollution;
a necessary
reduce the
dilute air
Cb) Trees playa pronounced and important role in City-
wide soil conservation, soil enrichment, and erosion
control;
Cc)
Trees enhance the value of property by providing
valuable psychological and visual counter-point
man-made changes during land development
urbanization;
a
to
and
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Cd) Trees provide wildlife habitat and play
important ecological roles.
other
B. Definitions
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1. g!~~~!ng- The removal of a tree by digging, pushing,
or cutting, or the effective removal through damage.
2.
g2n~~~Y~~!2n 8~~~~ - Lands which have unsuitable or
non-rated soils, wetland vegetative species, are
seasonally flooded and perform an environmental
function, as described in the Comprehensive Plan.
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3. Q!~m~~~~ ~~~~~~ ~~!gn~ lQ~~l The diameter, in
inches, of a tree measured at four and one-half (4
1/2) feet above the existing grade.
4, Q~!Q=b!n~ - An imaginary line on the ground defined
by vertical lines which extend from the outermost
tips of the tree branches to the ground.
5. ~!~~2~!~ I~~~ A tree which has been found by the
City to be of notable historic interest because of
its age, type, size or historic association.
6. e~2~~~~!Y~ ~~~~!~~ A physical structure limiting
access to a protected tree area.
7. 3Q~~!m~n I~~~ - A tree which has been determined by
the City to be of high value bacause of its type,
size, or other professional criteria.
8. I~~~ - Any living, woody self-supporting perennial
plant which has a single trunk and which normally
grows to a minimum height of fifteen (15) feet.
9. I~~~~L 3~~nQ~ 2f - a naturally occurring grouping of
five (5) or more trees forming a canopy of
vegetation which results in a single unified drip-
line.
C. Criteria for Removal
Tree removal may be approved where design modifications
are not feasible or reasonable and one or more of the
following circumstances exist:
3~~~~~ gQ~n!ng - The location of a tree unreasonably
restricts the opening of a street or road right-of-way.
-
y~!!!~!~~ ~nQ Q~~!n~g~ - The location of the
unreasonably restricts the construction of utility
or drainage facilities.
tree
lines
e~2Q~~~~ 8~~~~~ - The location of the tree unreasonably
restricts access to the property.
e~2Q~~~~ y~~- The tree unreasonably prevents development
of a lot or parcel or the physical use thereof. It is
the intent of this provision that no permit shall be
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granted for the removal of any tree where the applicant
has failed to design and locate the proposed improvements
to minimize the removal of trees consistent with the
permitted use of the property under the Ocoee Zoning
Ordinance.
t!~~~!:g!l!
property
tree.
The tree constitutes a hazard to life or
which cannot be mitigated without removing the
e22!: t!~~!1n I!:~~ - The tree is dying or dead, so that its
restoration to sound condition is not practical; or has a
disease which can be expected to be transmitted to other
trees and to endanger their health.
B~!2s~1i2n bimi1~1i2n!l! - The tree cannot reasonably be
relocated on or off site because of age, type, or size
based upon accepted forestry practices.
D. B~!2S~1i2n 2!: B~Q!~s~m~n1
1. As a condition of the granting of a permit, the
applicant may be required, where practical, to relocate
the trees being removed elsewhere on the same site or
required to replace the tree(s) on a two-for-one basis
with suitable replacement trees. The replacement tree(s)
shall have at least equal shade potential and shall be a
minimum of ten (10) feet high at time of planting.
In determining the required relocation or replacement of
trees, the City shall consider the needs of the intended
use of the property together with an evaluation of the
following:
-
(a) Existing tree coverage;
(b) Number of trees to be removed on the entire
property and their corresponding relocation
I imi tat ions;
(c) Area to be covered with structures, parking,
and driveways
(d) Topography and drainage of the site and its
environs;
(e) Character of the site and its environs;
(f) Ecology of the site; and,
(g) Characteristics and amount of shrubs, grass and
trees proposed for planting on the site by the
applicant.
2. Trees which must be removed under the provisions of
this Ordinance, and not relocated of replaced on site,
shall be offered to the City for relocation to a public
place to help preserve the overall natural resources of
the community. The City of Ocoee shall bear the costs
and responsibility for all relocations and shall act in a
forthright and expeditious manner to effectuate
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arrangements with the land owner
relocations.
to accomplish such
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E. ~@~!gn~t!Qn Qf 2e~~!m@n ~nQ ~!~tQ~!~ I~@~~
Any public official or private citizen may recommend from
time to time the designation of certain trees located
within the City as specimen or historic trees. The City
Manager shall review such recommendations and add thereto
his or her own comments and recommendations, and the
matter shall be presented to the City Commission for
their determination. The City Commission shall consider
the report and recommendation of the City Manager and
shall either accept, modify or deny the recommendation
and may designate by resolution those trees it deems
appropriate as specimen or historic trees.
F. g~~~el!Qn~ ~nQ g~~mel!Qn~
1. g~~~et!Qn~ - The requirements of this Ordinance shall
nQt apply to the following, unless the area is designated
as a Conservation Area:
a. Trees less than 12" (DBH) upon a lot where a
single or duplex residential structure exists.
b. Public road or drainage rights-of-way, or
utility rights-of-way, or permanent utility and
drainage easements; except that whenever any
electric, water, telephone or other public utitlity
firm or corporation wishes to extend, maintain or
relocate service such that any tree on an unimproved
lot or tract will be removed, they shall make
application for a permit to do so. Any public
utility wishing to prune trees on a right-of-way
shall notify the Building Department in writing in
advance of the time and place those pruning
activities will take place. The Building Department
shall supervise these activities as necessary and
shall have the authority to regulate or halt such
pruning when these actions are deemed detrimental to
the trees or beyond that needed to insure continued
utility service.
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c. The trees listed in Article VI, B.
Stock).
(Restricted
d. Trees less than three (3) inches DBH.
e. Underbrush, including palmetto and shrubs,
provided that such removal does not adversely affect
trees (other than those specified above) within
their drip-line.
f. Trees from licensed plant nurseries.
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2. S;!iS~Q!iQr.!a
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On application of any landowner, due to an emergency
and/or special circumstances, the City may waive the
requirements of this Ordinance. Any waiver of this
Ordinance shall be solely within the discretion of the
Board of Commissioners, City of Ocoee, Florida.
G.
Jurisdiction of Ordinance
The terms and provisions of this Ordinance shall apply to all
real property lying within the incorporated areas of the City
elf Ocoee.
Article II bsr.!g gl~s~ir.!g e~iQ~ IQ Q~y~lQQm~r.!! eQQ~QYsl
No land clearing, land removing, or land filling shall occur
in the City of Ocoee without first securing a permit from the
Building Department, except as provided in Article I.F and
City of Ocoee Ordinance #848. The Building Department may
issue a tree removal permit for specific trees as requested
on the application.
An application for tree removal shall be obtained from the
Ocoee Building Department. Completed applications shall be
returned to the Building Department along with the following
information:
1. A tree survey consisting of a scaled aerial
photograph or drawing (1" = 100' or greater) indicating:
a. Property boundaries with dimensions and
bearings, surrounding streets, north arrow, scale,
and existing/proposed development improvements.
b. Stands of trees, including:
1. Location indicating extent of dripline
2. Common name(s) of major tree classes
3. Estimated average height
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c. All individual trees, not on the
list, which are 12 inches DBH or greater,
1. Location
2. DBH
3. Common Name
4. Estimated Height
restricted
including:
2. An indication of the trees proposed for removal.
3. The reason(s) for removal.
4. Plans showing typical protective barriers to be used.
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Article III Q~~~lQgm~nt Qf B~~iQ~nti~lL gQmm~~~i~lL Q~
!nQy~t~i~l eYQQi~i~iQn~ in~lYQing !nQi~iQy~l bQt eit~ el~n1~L
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The submittal information shall be the same as for removing
trees from land without development approval. This
information shall be submitted with the Preliminary
Subdivision Plan or the Site Plans for individual lots. Tree
removal permits shall not be granted by the Building
Department until Final Plans have been approved for both
subdivisions and individual site reviews.
Article IV !nQi~iQy~l bQt~Le~~~~l~ fQ~ eingl~ E~mil~ Q~
QYQ1~~ Q~~~lQQm~nt
For this type of development only, tree removal permission is
granted solely through the City of Ocoee Building Department.
The building permit plot plan shall show:
1. All trees 12" DBH or greater, including:
a. Location
b. DBH
c. Common Name
d. Estimated height
2. All trees 3" - 12" which are designated to be
retained, including:
a. Location
b. DBH
c. Common Name
3. An indication or the trees proposed for removal.
4. The reason(s) for removal.
S. Plans showing typical protective barriers to be used.
A minimum of three (3) trees shall be required at the time a
Certificate of Occupancy (C.O.) is issued for each newly-
constructed single family or duplex building, on each lot
having 6000 sq. ft. or more. On lots with less than 6000 sq.
ft., two (2) trees will be required at the time a C.O. is
issued. In residential Planned Developments some or all of
the required trees may be located off the individual lots,
subJect to approval of specific landscape plans. The
required trees to be installed, rather than retained,
shall be a minimum of ten (10) feet tall and be on the
Recommended Stock List.
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Issuance of the building permit shall constitute approval for
tree remova 1.
Article V I~~~ e~Qt~~tiQn QY~ing Q~~~lQQm~nt ~nQ gQn~t~Y~t!Qn
It shall be unlawful for any person, during the construction
of any structures or other improvements, to place solvents,
material, construction machinery or temporary soil deposits
within the drip line of any tree which is designated to
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remain.
Before construction, land clearing, filling, or any land
alteration, protective barriers shall be required to be
erected, where necessary, around those trees designated for
saving. This requirement shall be imposed by the City if the
proximity of construction activity may Jeopardize the
survival of a tree. No work shall commence on any proJect
until the Building Official has made an on-site inspection of
all protective barriers to ensure their adequacy. It shall
be the responsibility of the developer or applicant to insure
that any tree so designated for preservation be protected.
The property owner shall guarantee survival for one year and
shall maintain all trees in a healthy condition.
Protective barriers and precautions required by the terms of
the permit must comply with the following:
A. Protective posts consisting of two (2) inches by four (4)
inches or larger wooden post, two (2) inches outer
diameter or larger galvanized pipe, or other post
material of equivalent size and strength. To be implanted
deep enough in the ground to be stable and with at least
four (4) feet of the post visible above the ground.
B.
Posts shall be placed at points not closer than 1/2
radius of the dripline of the protected tree, with
posts not being further than six (6) feet apart.
the
the
C. All protective posts shall be linked together by fencing
at least three (3) feet high, or two (2) courses of one
inch by four inch boards. Each section shall be clearly
visible (flagged with brightly colored plastic tapes or
other markers).
D. Large property areas containing protected trees and
separated from construction or land clearing areas, road
rights-of-ways and utility easements may be ribboned off
in lieu of erecting barriers as otherwise required above
by placing stakes a minimum of fifty (50) feet apart and
tieing ribbon, plastic tape, rope, etc., from stake to
stake along the outside perimeters of such areas to be
cleared.
E. No grade changes shall be made within the protective
barrier zones without prior approval from the Building
Department. Where roots greater than one (1) inch
diameter are exposed, they shall be cut cleanly and
painted with an emulsifiable asphalt. Tree wells and lor
planter islands shall be provided, if necessary, to
maintain the natural existing soil level. All efforts
shall be made through the grading and drainage plan to
maintain the natural drainage to such trees.
F. Protective barrier zones shall remain in place and intact
until such time as landscape operations begin in the
immediate area or construction is completed, whichever
occurs first.
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G. No attachments or wires other than those of a protective
or non-damaging nature shall be attached to any tree.
The Building Department shall conduct periodic inspections of
the site. It is the responsibility of the applicant to
ensure that all provisions of this Ordinance are met.
Article VI B~~Qmm~nQ~Q ~nQ B~~~~i~~~Q I~~~~
A. B~~Qmm~nQ~Q ~~Q~~ - The following tree replacement
species are suggested. The following trees may be used
as replacement stock without prior approval. All other
replacement trees must be approved by the Building
Department and shall be included in the book ~YiQ~ ~Q ~n~
~~~~Y!~~ e!~n~~ Qf ~~n~~~! E!Q~iQ~ by Richard P.
Wunder Ii n.
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1. Loquat (Eriobotrya Japonica>;
2. Live Oak (Quercus virginiana>;
3. Laurel Oak (Quercus laurifolia>;
4. Red maple (Acer rubum>;
5. Sweet gum (Liquidambar styraciflua>;
6. Sycamore (Platanus occidentalis>;
7. Golden rain tree (Koelreuteria formosana>;
8. Camphor (Cinnamomum camphora>;
9. Bald cypress (Taxodium distichum>;
10. Southern Magnolia (Magnolia grandiflora>;
11. American holly (Ilex opaca>;
12. Dahoon holly (Ilex cassine>;
13. Cherry laurel (Prunus caroliniana>;
14. Southern red cedar (Juniperus silicicola>;
15. Crepe myrtle (Lagerstroemia indica>;
16. Black cherry (Prunus serotina>;
17. Flowering dogwood (Cornus florida>;
18. Redbud (Cercis canadensis>;
19. Chickasaw plum (Prunus angustifolia>;
20. Jerusalem thorn (Parkinsonia aculeata>;
21. Coast pignut hickory (Carya glabra megacarpa>;
22. Pecan (Carya illinoensis>;
23. Weeping willow (Salix spp.>;
24. Fringe tree (Chionanthus virginica>;
25. Loblolly bay (Gordonia lasianthus>;
26. Glossy privet (Ligustrum lucidum>;
27. Nagi (Podocarpus nagi>;
28. Red buckeye (Aesculus paula>;
29. Ironwood (Carpinus caroliniana>;
30. Scrub hickory (Carya floridana>;
31. Pignut Hickory (Carya glabra>;
32. Hackberry (Celtis laevigata>;
33. Fringe tree (Chionanthus virginicus>;
34. Swamp dogwood (Cornus foemina>;
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35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
Tulip tree (Liriodendron tulipfera);
Sweet bay (Magnolia virginiana);
Wax myrtle (Myrica cerifera);
Wild olive/Devilwood (Osmanthus americanus);
Red bay (Persea borbonia);
Sand live oak (Quercus geminata);
BlueJack oak (Quercus incana);
Scrub oak (Quercus inopina);
Turkey oak (Quercus laevis);
Myrtle oak (Quercus myrtifolia);
Water oak (Quercus nigra);
Spanish oak (Quercus shumardii);
Pond cypress (Taxodium ascendens);
Basswood (Tilia americana);
Winged elm; Cork elm (Ulmus alata);
American elm; White elm (Ulmus americana);
Sparkleberry (Viccinium arborem);
Viburnum obovatum (Walters viburnum);
Pindo Palm (Butia capitata);
Canary Island Date Palm (Phoenix canariensis);
Sabal Palm (Sabal palmetto);
Washington Palm (Washingtonia robusta);
B. B~~~~!~~~g e~Q~~ - The following trees may not be used as
replacement stock within the City of Ocoee.
1. Silk oak (Grevillea robusta);
2. Jacaranda (Jacaranda acutifolia);
3. Australian Pine (Casuarina species);
4. Cama Eucalyptus (Eucalyptus camaldulensis);
5. Ear Tree (Enterlobium cyclocarpum);
6. American Mulberry (Morus urbra);
7. Chinaberry (Nebia azedarch);
8. CaJeput or Punk Tree (Melaluca leucadendra);
9. Citrus trees (all types);
10. Florida Holly or Brazilian Pepper (Schinus
terebinfolius);
11. Chinese tallow tree (Sapium sebiferum);
12. Mimosa (Albizzia Julibrissin);
13. All palms, except as specified in Article VI, A.
Article VII ~~~!~n~~L 8gg~~1 ~ng e~n~l~~
A. ~~~!~n~~ The preservation of any tree on the Recommended
Stock List over 24" DBH may be considered as the basis
for the granting of a variance from the literal
application of the provisions of the City's Zoning or
Subdivision Regulations. If, in the determination of the
City Manager or his designate, the sole basis for the
request for a variance is to preserve such tree which
would otherwise have to be removed, he may direct the
required variance fee to be waived.
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B. 8gg~~1~ Any person adversely affected by the decision of
the Development Review Committee or Building Official in
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the enforcement or interpretation of this Ordinance may
appeal such to the Board of City Commissioners within
thirty (30) days.
C.
e~n~l~~ fQ~ ~!Ql~~!Qn
1. If a tree not authorized for removal is removed,
altered or damaged such that its susceptibility to
disease and/or other detrimental environmental factors is
significantly increased which may result in premature
death, the person causing such removal, alteration,
damage or premature death shall pay to the City $25.00
per diameter inch (DBH) of each such tree. In addition
to the above where violations of this Ordinance have
occurred,- remedial action shall be taken to restore the
property consistant with a restoration plan approved by
the Building Official. The restoration plan may require
tree replacement at not more than a 4:1 ratio and require
mitigation of any other damage to the property, as well
as tree replacements.
2. No Certificate of Occupancy shall be issued for any
development until all applicable permit or restoration
plan conditions have been accomplished.
3. Trees destroyed or receiving maJor damage in
violation of Article V must be replaced by either a
comparable size and type tree or a minimum ten (10) foot
tall tree from the Recommended Stock List, at a four to
one ratio, before Certificate of Completion or
Certificate of Occupancy.
4. Failure to comply with required remedial action shall
be referred to the Board of Commissioners, City of Ocoee,
Florida.
5. Any violation of this Ordinance shall render the
person causing or permitting the violation as well as the
property owner to the above-listed penalties including
the following to be determined by the Board of
Commissioners, City of Ocoee, Florida.
a. A fine of up to but not exceeding $25,000.00.
In assessing the fine the City shall consider among
other things, the size, age and health and/or amount
of trees damaged or removed.
b. Cancellation of all building permits and/or site
plan approvals until payment of all fines and
completion of all restoration work. After payment
of all fines and completion to comply with prior
approval or issuance of any new permits. New plans
will be required.
c.
Penalty for Violation.
Payment of attorneys
10
fees and costs incurred by the City in enforcement
of this Ordinance regarding said violation(s).
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D. Byl~~ ~ng B~gYl~i!Qn~ The Board of City Commissioners is
hereby authorized to adopt by resolution such rules and
regulations as are necessary or proper to implement this
Ordinance.
E. E~~~ Appropriate fees shall be established by the Board
of City Commissioners and amended as necessary. The fee
for each tree permit allowing the removal, relocation or
replacement of trees is hereby established as follows:
a. Ten Dollars ($10.00) per lot for each lot contained
in the legal description of the property, or twenty-five
($25.00) dollars per acre, whichever is greater.
b. The minimum fee shall be ten dollars ($10.00) per
permit.
F. ~~Y~~~e!l!i~ Qf e~QY!~!Qn~ If any provision of this
Ordinance or the application thereof to any person or
circumstance is held invalid, the invalidity shall not
affect other provisions or applications of this Ordinance
which can be given effect without the invalid provision
or application, and to this end, the provisions of this
Ordinance are declared severable.
Article VIII, gQnfl!gi~~
811 Q~g!n~ng~~ Q~ e~~i~ Qf Q~g!n~ng~~ !n gQnfl!gi n~~~~!in
~~~ ~~e~~l~g~
8~ilg1~ I~L Effective Date.
In!~ Q~g!n~ng~ ~n~ll i~~@ @ff@gi yeQn e~~~~g@~
5n~gi@g in!~ _lLt~___ g~~ Qf
Qf QgQ@@L E1Q~!g~~
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