| Date |
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| 2012-09-18 11:43:21 | THE APPLICANT MUST OBTAIN A TREE ALTERATION PERMIT IN |
| | ORDER TO REPLACE THE TREE THAT WAS PREVIOUSLY REMOVED. |
| | PLEASE SEE BELOW CITY CODE: |
| | |
| | SEC. 94-448. - PROTECTION OF TREES AND OTHER |
| | VEGETATION. |
| | |
| | (A)INTENT. THE INTENT OF THIS SECTION IS TO PROTECT |
| | TREES AND VEGETATIVE COVER WITHIN THE LIMITS OF THE |
| | CITY. |
| | |
| | (B)REMOVAL OF TREES FROM MEDIAN, PARKWAY, PARK OR CITY |
| | OWNED PROPERTY. NO PERSON EXCEPT THE CITY |
| | FORESTER/ARBORIST, OR HIS OFFICIAL DESIGNEE SHALL |
| | REMOVE ANY TREE FROM THE MEDIAN, PARKWAY, PARK OR CITY |
| | OWNED PROPERTY WITHOUT FIRST OBTAINING A PERMIT FROM |
| | THE PLANNING AND ZONING ADMINISTRATOR. |
| | |
| | (C)APPLICATION. THE TERMS AND PROVISIONS OF THIS |
| | SECTION SHALL APPLY TO REAL PROPERTY AS FOLLOWS: |
| | |
| | (1)ALL REAL PROPERTY UPON WHICH ANY DESIGNATED SPECIMEN |
| | OR HISTORIC TREE IS LOCATED. A TREE MAY BE DESIGNATED A |
| | SPECIMEN OR HISTORIC TREE BY THE FOLLOWING CRITERIA: |
| | |
| | A.HISTORIC TREE. A TREE MAY BE DETERMINED TO BE OF |
| | NOTABLE HISTORIC INTEREST TO THE CITY DUE TO ITS AGE, |
| | TYPE, SIZE, OR HISTORIC ASSOCIATION WITH THE COMMUNITY; |
| | AND DESIGNATED AS SUCH BY THE CITY COMMISSION. |
| | |
| | B.SPECIMEN TREE. A TREE MAY BE DETERMINED, IN THE |
| | JUDGMENT OF A PROFESSIONAL FORESTER, LANDSCAPE |
| | ARCHITECT, ARBORIST, HORTICULTURIST, OR SIMILAR EXPERT, |
| | TO BE OF HIGH VALUE OF THE COMMUNITY, BECAUSE OF ITS |
| | TYPE, SIZE, AGE, OR OTHER PROFESSIONAL CRITERIA; AND |
| | DESIGNATED AS SUCH BY THE CITY COMMISSION. |
| | |
| | (2)ALL VACANT AND UNDEVELOPED PROPERTY, AND PROPERTY |
| | CONTAINING NO PERMANENT BUILDINGS. |
| | |
| | (3)ALL PROPERTY CONTAINING PERMANENT STRUCTURES, |
| | EXCLUDING PROPERTY WHICH CONTAINS FOUR OR FEWER |
| | DWELLING UNITS AND UPON WHICH NO DESIGNATED SPECIMEN OR |
| | HISTORIC TREE IS LOCATED. |
| | |
| | (4)ALL REDEVELOPED PROPERTY. |
| | |
| | (D)PERMITS REQUIRED. |
| | |
| | (1)TREE ALTERATION PERMIT. HISTORIC TREES, SPECIMEN |
| | TREES, AND ANY OTHER TREES OR VEGETATION LOCATED ON |
| | PROPERTY SUBJECT TO THE PROVISIONS OF THIS SECTION |
| | SHALL NOT BE REMOVED, RELOCATED, OR REPLACED UNLESS A |
| | TREE ALTERATION PERMIT IS OBTAINED. TREE ALTERATION |
| | PERMIT APPLICATIONS SHALL BE PROVIDED BY THE PLANNING |
| | AND ZONING ADMINISTRATOR. THE APPLICATION SHALL INCLUDE |
| | A WRITTEN STATEMENT THAT SPECIFIES THE LOCATION OF THE |
| | PROPERTY, EXPECTED USE OF THE PROPERTY, AND REASONS FOR |
| | REMOVAL, RELOCATION, OR REPLACEMENT. THE PLANNING AND |
| | ZONING ADMINISTRATOR MAY REQUIRE SUBMISSION OF A |
| | LANDSCAPE PLAN OR AERIAL PHOTOGRAPH WHEN A PERMIT IS |
| | REQUESTED. |
| | |
| | (2)LANDSCAPE PLAN REQUIREMENTS. WHEN REQUIRED, A |
| | LANDSCAPE PLAN OR AERIAL PHOTOGRAPH SHALL CONTAIN THE |
| | FOLLOWING: |
| | |
| | A.DATE, NORTH ARROW, AND GRAPHIC SCALE. |
| | |
| | B.THE LOCATION OF ALL EXISTING OR PROPOSED STRUCTURES, |
| | IMPROVEMENTS, AND USES. |
| | |
| | C.THE LOCATION OF PROPERTY LINES, EXISTING OR PROPOSED |
| | SETBACK, AND YARD REQUIREMENTS. |
| | |
| | D.THE LOCATION OF EXISTING OR PROPOSED UNDERGROUND OR |
| | OVERHEAD UTILITY SERVICES. |
| | |
| | E.LOCATION OF ALL PROPOSED TREES, SHRUBS, GROUND |
| | COVERS, AND OTHER LANDSCAPE MATERIALS. |
| | |
| | F.THE COMMON AND BOTANICAL NAME, SIZE, AND LOCATION OF |
| | ALL TREES AND VEGETATION ON THE SITE. A TABLE SHOWING |
| | THE SIZE AND QUANTITY OF ALL PROPOSED LANDSCAPE |
| | MATERIALS. A KEY WHICH IDENTIFIES ALL LANDSCAPE |
| | MATERIALS SHOWN ON THE PLAN. GROUPS OF TREES OR |
| | VEGETATION IN CLOSE PROXIMITY MAY BE DESIGNATED AS |
| | "CLUMPS," WITH AN IDENTIFICATION OF THE PREDOMINATE |
| | SPECIES, ESTIMATED NUMBER, AVERAGE DIAMETER, AND |
| | APPROXIMATE SIZE. |
| | |
| | G.TABULATION CLEARLY DISPLAYING THE RELEVANT |
| | STATISTICAL INFORMATION NECESSARY FOR THE EVALUATION OF |
| | COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE. THIS |
| | INCLUDES GROSS ACREAGE OR SQUARE FOOTAGE, GROSS OPEN |
| | SPACE, SQUARE FOOTAGE OF PRESERVATION AREAS, SQUARE |
| | FOOTAGE OF PAVED AND LANDSCAPED AREAS, AND SUCH OTHER |
| | INFORMATION AS THE CITY DEEMS APPROPRIATE. |
| | |
| | H.PHASING OF THE SITE INCLUDING ANY TEMPORARY |
| | LANDSCAPING. |
| | |
| | I.LOCATION AND WIDTH OF ANY PROPOSED DEDICATION OF |
| | PROPERTY FOR PUBLIC RIGHTS-OF-WAY. |
| | |
| | J.LOCATION AND SCREENING OF ALL GARBAGE RECEPTACLES. |
| | |
| | K.LOCATION, DIMENSIONS AND SCREENING OF ALL PROPOSED |
| | SATELLITE DISHES. |
| | |
| | L.DELINEATION OF THE EXISTING AND PROPOSED PARKING |
| | SPACES, OR OTHER VEHICULAR USE AREAS, ACCESS AISLES, |
| | DRIVEWAYS, TERMINAL ISLANDS, INTERIOR ISLANDS, DIVIDER |
| | MEDIANS AND SIMILAR FEATURES. |
| | |
| | M.DELINEATION OF IRRIGATION COVERAGE, SENSORS LOCATION |
| | AND HIGH, MEDIUM AND LOW ZONES OF WATER USAGE; AND |
| | DETAILS OF THE CROSS SECTION OF ROOT BALL AND STAKING |
| | DETAIL. |
| | |
| | N.STATEMENT THAT ALL LANDSCAPED AREAS, EXCLUDING THOSE |
| | AREAS WITH NATIVE NONINVASIVE PLANTS, WILL BE PROVIDED |
| | WITH PERMANENT, AUTOMATIC IRRIGATION. |
| | |
| | O.A TABULATION CLEARLY DISPLAYING EACH TECHNIQUE AND |
| | METHOD PROPOSED TO SATISFY THE XERISCAPE POINT SYSTEM |
| | REQUIREMENT AND ITS ACCOMPANYING POINT ALLOCATION. |
| | |
| | P.IF APPLICABLE, INCLUDE A TABULATION CLEARLY |
| | DISPLAYING EACH DESIGN OPTION PROPOSED TO SATISFY THE |
| | FLEXIBLE DESIGN OPTION POINT SYSTEM AND ITS |
| | ACCOMPANYING POINT ALLOCATION. |
| | |
| | Q.NATURE OF ADJACENT LAND USES. |
| | |
| | R.LANDSCAPE PLANS, EXCLUDING THOSE PREPARED FOR |
| | SINGLE-FAMILY DWELLING UNITS, MUST BE SIGNED AND SEALED |
| | BY PERSONS AS AUTHORIZED BY F.S. CH. 481, PT. II |
| | (LANDSCAPE ARCHITECTURE). |
| | |
| | (3)REMOVAL OF TREES AND SHRUBS. A PERMIT TO REMOVE |
| | TREES AND VEGETATION SHALL NOT BE ISSUED UNLESS ONE OR |
| | MORE OF THE FOLLOWING CONDITIONS EXISTS: |
| | |
| | A.THE TREE IS NOT A DESIGNATED HISTORIC OR SPECIMEN |
| | TREE. |
| | |
| | B.THE TREE CANNOT BE RELOCATED ON OR OFF THE SITE |
| | BECAUSE OF ITS AGE, TYPE, OR SIZE. |
| | |
| | C.THE TREES OR SHRUBS CONSTITUTE AN UNREASONABLE |
| | IMPEDIMENT TO DEVELOPMENT OF A PERMITTED USE OF THE |
| | PROPERTY BY VIRTUE OF THEIR LOCATION IN A BUILDABLE |
| | AREA OR YARD AREA WHERE STRUCTURES OR IMPROVEMENTS ARE |
| | TO BE PLACED. |
| | |
| | D.THE TREES OR SHRUBS ARE DISEASED, INJURED, IN DANGER |
| | OF FALLING, TOO CLOSE TO EXISTING OR PROPOSED |
| | STRUCTURES, INTERFERE WITH EXISTING OR PROPOSED UTILITY |
| | SERVICES, CREATE UNSAFE VISUAL CONDITIONS AFFECTING |
| | VEHICULAR TRAFFIC, CONFLICT WITH REQUIREMENTS OF OTHER |
| | ORDINANCES OR THIS CHAPTER, OR ARE A THREAT TO THE |
| | PUBLIC HEALTH, SAFETY, AND WELFARE. |
| | |
| | E.THE TREES THAT ARE PROHIBITED TREES AS SPECIFIED IN |
| | SUBSECTION 94-445(4)I. |
| | |
| | F.THE PLANNING AND ZONING ADMINISTRATOR'S DECISION FOR |
| | REMOVAL WILL BE IN THE PUBLIC INTEREST. |
| | |
| | (4)TREE RELOCATION AND REPLACEMENT. THE APPLICANT FOR A |
| | TREE REMOVAL PERMIT SHALL BE REQUIRED TO RELOCATE OR |
| | REPLACE TREES TO BE REMOVED TO ALLOW PROPERTY USE, |
| | DEVELOPMENT, OR REDEVELOPMENT. RELOCATED TREES SHALL BE |
| | INSTALLED IN A SOUND AND SKILLED MANNER ACCORDING TO |
| | ACCEPTED PLANTING PRACTICES AND SHALL BE IN ACCORDANCE |
| | WITH THE FOLLOWING: |
| | |
| | A.IF THE TREE IS TRANSPLANTED, IT SHALL BE MOVED BY THE |
| | PROPERTY OWNER IN ACCORDANCE WITH THE NATIONAL ARBORIST |
| | ASSOCIATION STANDARDS TO ANOTHER LOCATION WITHIN THE |
| | CITY AND MAINTAINED BY THE NEW PROPERTY OWNER. |
| | |
| | B.IF A TREE ON PUBLIC PROPERTY IS WILLFULLY DESTROYED |
| | BY ANYONE EXCEPT THE CITY FORESTER/ARBORIST, THE TREE |
| | MUST BE SUBSTITUTED WITH AN EQUIVALENT REPLACEMENT THAT |
| | IS APPROVED BY THE FORESTER/ARBORIST OR DESIGNER ON THE |
| | SITE FROM WHICH THE DESTROYED TREE WAS REMOVED. |
| | |
| | C.NO PERMIT SHALL BE REQUIRED FOR THE REMOVAL OF TREES |
| | THAT ARE DEAD, SEVERELY DISEASED, OR DESTROYED BY |
| | NATURAL CAUSES. THIS INCLUDES TREES THAT ARE PLANTED IN |
| | A CERTIFIED NURSERY OR BOTANICAL GARDEN. |
| | |
| | (E)TREE REPLACEMENT. |
| | |
| | (1)CHARACTERISTICS. REPLACEMENT TREES SHALL HAVE SHADE |
| | AND SCREENING POTENTIAL EQUAL TO OR SUPERIOR TO THAT OF |
| | THE TREES THEY REPLACE AT THE TIME OF THE INITIAL |
| | INSTALLATION. |
| | |
| | (2)MINIMUM STANDARDS. ALL REPLACEMENT TREES SHALL BE |
| | EQUAL TO OR BETTER THAN FLORIDA DEPARTMENT OF |
| | AGRICULTURE NUMBER 1 NURSERY GRADE STANDARD. ALL TREES |
| | REPLACED OR RELOCATED PURSUANT TO THIS SECTION MUST BE |
| | IN A HEALTHY, LIVING CONDITION ONE YEAR FROM THE DATE |
| | OF PLANTING. REPLACEMENTS THAT ARE NOT ESTABLISHED, |
| | HAVE FAILED TO A DEGREE THAT SURVIVAL IS NOT PROBABLE, |
| | OR HAVE DIED MUST BE REPLACED WITH HEALTHY SPECIMENS. |
| | SUCH REPLACEMENTS MUST CONTINUE UNTIL A TREE IS |
| | ESTABLISHED AT THE APPROVED LOCATION. |
| | |
| | (3)WAIVERS OF REPLACEMENT STANDARDS. MINIMUM STANDARDS |
| | MAY BE WAIVED IF THE APPLICANT CAN DEMONSTRATE THAT |
| | CURRENT MARKET CONDITIONS RESULT IN A SHORTAGE OF |
| | APPROPRIATE REPLACEMENT TREES. |
| | |
| | (F)TREE PROTECTION. |
| | |
| | (1)LAND CLEARING AND CONSTRUCTION. DURING LAND ALTERING |
| | AND CONSTRUCTION, PROTECTIVE BARRIERS SPECIFIED BY THE |
| | PLANNING AND ZONING ADMINISTRATOR SHALL BE ERECTED AND |
| | MAINTAINED AROUND ALL TREES OR GROUPS OF TREES TO BE |
| | PROTECTED. THE MOVEMENT OF EQUIPMENT OR THE STORAGE OF |
| | EQUIPMENT, MATERIALS, AND PLACEMENT OF DEBRIS OR FILL |
| | WITHIN PROTECTIVE BARRIERS IS PROHIBITED. |
| | |
| | (2)TOXIC SUBSTANCES. DURING LAND ALTERATION AND |
| | CONSTRUCTION, THE CLEANING OF EQUIPMENT OR MATERIALS |
| | AND THE DISPOSAL OF WASTE MATERIAL SUCH AS PAINT, OIL, |
| | SOLVENTS, ASPHALT, CONCRETE, OR MORTAR WITHIN THE |
| | DRIPLINE OF ANY TREE OR GROUPS OF TREES IS PROHIBITED. |
| | CONTAMINATED EARTH MUST BE REPLACED. |
| | |
| | (3)ATTACHMENTS AND WIRES. ATTACHMENTS OR WIRES, EXCEPT |
| | THOSE OF A PROTECTIVE NATURE, SHALL NOT BE ATTACHED TO |
| | ANY TREE. |
| | |
| | (4)ALTERNATE MEANS OF PROTECTION. TREES LOCATED WITHIN |
| | PORTIONS OF A DEVELOPMENT SITE WHERE LAND CLEARING AND |
| | CONSTRUCTION ACTIVITIES WILL NOT OCCUR OR WHERE HEAVY |
| | MACHINERY WILL NOT OPERATE SHALL NOT REQUIRE PROTECTIVE |
| | BARRIERS. SUCH AREAS SHALL BE STAKED AND ROPED, |
| | RIBBONED, OR OTHERWISE DESIGNATED. |
| | |
| | (5)REMOVAL OF DANGEROUS TREES. A TREE ALTERATION PERMIT |
| | FOR THE REMOVAL OF A TREE DETERMINED BY COMPETENT |
| | AUTHORITY TO BE IN A HAZARDOUS OR DANGEROUS CONDITION |
| | SO AS TO ENDANGER THE PUBLIC HEALTH, WELFARE, OR |
| | SAFETY, AND REQUIRE IMMEDIATE REMOVAL WITHOUT DELAY, |
| | MAY BE ISSUED AFTER SUCH TREE HAS BEEN REMOVED. |
| | |
| | (6)SUSPENSION. FOLLOWING AN EMERGENCY SUCH AS A |
| | HURRICANE, TROPICAL STORM, TORNADO, OR FLOOD, AND OTHER |
| | NATURAL CAUSES SUCH AS DROUGHT CONDITIONS AND FREEZE |
| | DAMAGE, THE REQUIREMENTS OF THIS SECTION MAY BE |
| | SUSPENDED BY THE PLANNING AND ZONING ADMINISTRATOR FOR |
| | A PERIOD OF 30 DAYS. SUCH A SUSPENSION SHALL APPLY ONLY |
| | TO TREES WHICH HAVE BEEN DAMAGED BEYOND SAVING OR ARE A |
| | HAZARD, PROVIDED THAT THE PLANNING AND ZONING |
| | ADMINISTRATOR IS NOTIFIED OF THE INTENDED REMOVAL AT |
| | LEAST 24 HOURS PRIOR TO REMOVAL. |
| | |
| | (7)EXEMPTIONS. ALL LICENSED PLANT OR TREE NURSERIES AND |
| | TREE FARMS SHALL BE EXEMPT FROM THE PROVISIONS OF THIS |
| | SECTION. HOWEVER, THIS EXEMPTION SHALL APPLY ONLY TO |
| | THOSE TREES PLANTED AND GROWING ON THE PREMISES OF THE |
| | LICENSEE AND INTENDED FOR SALE TO THE GENERAL PUBLIC IN |
| | THE ORDINARY COURSE OF BUSINESS. |
| | |
| | (8)EXEMPT TREES. THE FOLLOWING TREES AND SPECIES SHALL |
| | BE EXEMPT FROM THE PROVISIONS OF THIS SECTION: |
| | |
| | A.SCHINUS TEREBINTHINFOLIUS (BRAZILIAN PEPPER TREE) |
| | |
| | B.MELALEUCA LEUCADENDRON (MELALEUCA) |
| | |
| | C.CASUARINA SPECIES (AUSTRALIAN PINE) |
| | |
| | D.BISCHOFIA JAVANICA (BISHOPWOOD) |
| | |
| | E.RODOMYRTUS TOMENTOSA (DOWNY ROSE MYRTLE) |
| | |
| | F.ACACIA AURICULAEFORMIS (EARLEAF ACACIA) |
| | |
| | (9)REMOVAL AND DISPOSAL OF DISEASED TREES. TREES WHICH |
| | ARE DETERMINED BY THE PLANNING AND ZONING ADMINISTRATOR |
| | TO BE DISEASED AND TO BE A POTENTIAL SOURCE FOR |
| | CONTAMINATING OTHER TREES, OR FOR SPREADING TREE |
| | INFECTION OR DISEASE, SHALL BE REMOVED AND DISPOSED OF |
| | WITHOUT UNDUE DELAY ON AN EMERGENCY BASIS, AS THE |
| | CIRCUMSTANCES MAY REQUIRE. THE LETHAL YELLOWING DISEASE |
| | OF COCONUT TREES SHALL BE CONSIDERED AN EMERGENCY TREE |
| | INFECTION OR DISEASE. |
| | |
| | (10)TREES ON CITY PROPERTY. TREES ON CITY PROPERTY |
| | SHALL NOT BE REMOVED BY ANY FIRM, CORPORATION, OR |
| | INDIVIDUAL UNLESS PRIOR APPROVAL IS GRANTED BY THE CITY |
| | MANAGER OR THAT OFFICIAL'S DESIGNEE. |
| | |
| | (11)REMOVAL AND DISPOSAL OF PROHIBITED TREES. TREES |
| | WHICH ARE INCLUDED AS PROHIBITED TREES PURSUANT TO |
| | SUBSECTION 94-445(4)I SHALL BE REMOVED AND DISPOSED OF |
| | FROM THE ENTIRE SITE BEFORE A CERTIFICATE OF OCCUPANCY |
| | CAN BE OBTAINED. |
| | |
| | (G)PENALTY FOR VIOLATION OF PROTECTED TREES. IN |
| | ADDITION TO PENALTIES PROVIDED IN SECTION 94-9, ANY |
| | PERSON WHO REMOVES TREES IN VIOLATION OF THIS SECTION |
| | SHALL PAY TO THE CITY A CIVIL PENALTY EQUAL TO THE |
| | TOTAL VALUE OF TREES ILLEGALLY REMOVED OR DAMAGED. |
| | VALUE SHALL BE DETERMINED BY UTILIZING THE CURRENT |
| | INTERNATIONAL SOCIETY OF ABORICULTURE SHADE TREE VALUE |
| | FORMULA. THIS SUM MAY BE RECOVERED IN CIVIL ACTION |
| | BROUGHT BY THE CITY. FUNDS COLLECTED PURSUANT TO THIS |
| | SECTION SHALL BE EXPENDED FOR THE PURCHASE OF TREES FOR |
| | REPLACEMENT ON PUBLIC PROPERTIES WITHIN THE CITY. |
| | REPLACEMENT OF ILLEGALLY REMOVED TREES MAY BE REQUIRED |
| | AS RESTITUTION IN LIEU OF MONEY. A COMBINATION OF MONEY |
| | AND TREE REPLACEMENT MAY BE REQUIRED. |
| | |
| | (CODE 1979, ? 33-167) |
| | |
| | |