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HomeMy WebLinkAboutOrdinance 734 Arbor Regulations ORDINANCE NO. 734 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 5 ENTITLED "ARBOR" REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS, BY AMENDING SECTION 5-3. "REGULATIONS APPLICABLE TO PRIV A TEL Y HELD PROPERTY"; PROVIDNG FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs is committed to preserving and enhancing green areas of the city and by assuring the preservation of existing trees on public and private property and taking steps to require maintenance of existing and installation of new trees in the City; and, WHEREAS, the requirement to replace trees removed for construction on the site is not always practical, WHEREAS, the current arbor regulations of the City require amendment in order to foster the objectives of preserving existing and assuring additional trees when trees are permitted to be removed. NOW THEREFORE, be it ordained by the City of Winter Springs, Florida, as follows: 1. Section 5-3 , sub-section 5-3 (d), (1) and (2) entitled "Regulations applicable to privately held property" is amended to read as follows: (d) General criteriafor issuance of permits to remove trees. Trees may be authorized for removal only if they fit into one of the following categories: the validity of the status of a tree as eligible for removal shall be verified on site by the city forester prior to issuance of a permit for removal: ill Trees located on building and construction sites as shown on approved plans may be replaced elsewhere on the property or mitigated by a monetary replacement to be determined by the city forester of the current wholesale cost of the tree being removed which shall be used for enhancement and maintenance of trees located on public lands. (2) Trees within ten (10) feet of a proposed or an existing structure or other improvement that restrict construction may be replaced elsewhere on the property or mitigated by a monetary replacement to be determined by the city forester of the current wholesale cost of the tree being removed which shall be used for enhancement and maintenance of trees located on public lands. (3) Trees severely diseased, injured or dead; (4) Trees that interfere with provision of above ground utility installations and which will be replaced elsewhere on the property; (5) Trees that have been approved by the city forester to be replaced elsewhere on the property. (6) Trees that appear on the Florida Exotic Pest PlantCouncil's List of Invasive Plants, Class I. Portions of this Section 5-3(d) not changed with struck through words (deleted language) or underlined (new ordinance language) are unchanged and not altered by this ordinance. 5. Conflicts. All Ordinances in conflict for the provisions of this Ordinance are hereby superceded and this Ordinance shall prevail. 6. Severability. If any word, phrase, sentence or portion of this Ordinance is stricken by a Florida Court of competent jurisdiction, all other terms and conditions of the Ordinance not specifically stricken shall remain in full force and effect. 7. Effective Date. This Ordinance shall become effective upon its adoption by the City Commission of the City of Winter Springs, Florida. DONE AND ENACTED in regular session of the City Commission of the City of Winter Springs, Florida this 27th day of SeptP.ITJher, 1999. CIT~GS. FLORIDA ~ayorPauIP.Partyka ATTEST: