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HomeMy WebLinkAboutOrdinance 2010-04 Amending Criteria and Review Standards for Tree Removal Permit ORDINANCE NO. 2010-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CRITERIA AND REVIEW STANDARDS FOR A TREE REMOVAL PERMIT IN FURTHERANCE OF SECTION 163.04, FLORIDA STATUTES, RELATING TO ENERGY DEVICES BASED ON RENEWABLE RESOURCES; AMENDING SPECIFICATIONS FOR TREE REPLACEMENT WAIVERS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Section 163.04 encourages the development and use of renewable resources; and; WHEREAS, Section 163.04 prohibits governing bodies from adopting regulations that prohibit or have the effect of prohibiting the installation of certain energy devices based on renewable resources; WHEREAS, the City Commission finds that there are environmental and economic benefits related to encouraging the development and use of renewable resources; and WHEREAS, the City Commission finds that its tree protection guidelines should be amended to contain provisions encouraging the development and use of certain energy devices based on renewable resources; WHEREAS, on February 3, 2010, the Planning & Zoning Board (Land Planning Agency) conducted a public hearing on this ordinance and recommended approval to the City Commission; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. City of Winter Springs Ordinance No. 2010 -04 Page 1 of 6 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs City Code, Sections 5 -4 and 5 -9 are hereby amended as follows (underlined type indicates additions and MI ikcout type indicates deletions, while asterisks (* * *) indicate unchanged text. It is intended that omitted text, denoted by asterisks, shall remain unchanged from the language existing prior to adoption of this Ordinance. CHAPTER 5. TREE PROTECTION AND PRESERVATION * ** Sec. 5 -4. Permit required for tree removal and land clearing; separate violations; criteria; contractor permit required. (a) Permit required. No person shall engage in tree removal or engage in land clearing located within the city, without first obtaining a permit as provided in this chapter. If a property owner has retained a contractor to perform the land clearing or tree removal, the contractor shall be responsible for obtaining the permit required by this chapter prior to the land clearing or tree removal. It shall be a separate violation of this chapter for each tree removed and each day a person is engaged in land clearing without a permit. (b) Criteria. Upon receipt of a completed application and verification on -site by the city forester, a permit may be issued for tree removal under any one of the following conditions: (1) Trees located on building and construction sites as shown on city approved plans, provided said trees are replaced elsewhere on the property in accordance with section 5 -9 of this chapter. (2) Trees located within ten (10) feet of a structure or other improvement, provided said trees are replaced elsewhere on the property in accordance with section 5 -9 of this chapter. (3) Trees severely diseased, severely injured or dead. (4) Trees that interfere with the construction or repair of public infrastructure and facilities. (5) Undesirable trees, per Appendix A. (6) Trees removed by the city or other governmental agency and which are located within a City of Winter Springs Ordinance No. 2010 -04 Page 2 of 6 public road, drainage rights -of -way, or permanent utilities and drainage easements. (7) Trees that have been approved by the city forester and which shall be replaced elsewhere on the property. (8) Trees that prohibit or have the effect of prohibiting the installation or operation of a solar collector, clothesline, or other energy device based on a renewable resource. (8) (aA11 trees and plants, within a licensed tree nursery, planted for harvest shall be exempt from the terms and provisions of this chapter only if trees are planted and growing on the premises of the licensee and are for sale or intended for sale in its ordinary course of business. (c) Review standards. When making a determination on whether a tree meets one of the conditions set forth in section 5 -4(b) and therefore, whether to approve or deny an application under this chapter, the city shall apply one (1) or more of the following standards of review deemed relevant: (1) Necessity to remove trees which pose a clear and obvious safety hazard to pedestrian or vehicular traffic or threaten to cause disruption to public services or a significant obstacle to accessing and utilizing public easements and rights -of -way. (2) Necessity to remove trees which pose a clear and obvious safety hazard to buildings and other improvements on a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and non - occupied structures that are typically caused by settling and small roots shall not be considered a safety hazard. (3) Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury or trees with severe structural defects that pose a clear and obvious safety hazard to people, buildings or other improvements on lot or parcel of land. '4) Necessity to remove trees which prohibit or have the effect of prohibiting the installation or operation of a solar collector, clothesline, or other energy device based on a renewable resource. The applicant shall submit operating instructions or other manufacturer guidance setting forth the amount of sunlight exposure required for proper operation of the energy device or other such evidence of the necessity to remove trees. (4) The extent to which tree removal is likely to result in damage to the property of other owners, public or private, including damage to lakes, ponds, streams, or rivers through runoff or erosion. (5) Any proposed landscaping including plans whereby the applicant has planted or will plant trees to replace those that are proposed to be cleared. (6) Q Topography of the land and the effect of tree removal on erosion, soil retention and the diversion or increased flow of surface water. City of Winter Springs Ordinance No. 2010 -04 Page 3 of 6 (7) (8) Good forestry practices, such as the number of healthy trees that a given parcel of land will reasonably support and the proven techniques that sustain healthy trees. (8).(9,) Necessity to remove trees in order to construct, approved and permitted improvements to allow economic enjoyment of the property, including: a. Need for access around the proposed structure for construction equipment (maximum of ten (10) feet). b. Need for access to the building site for construction equipment. c. Essential grade changes. d. Need for locating street or road rights -of -way, utilities, drainage ways, as well as the need to provide reasonable use and property access. (9) (10) The extent of any damage or demonstrated hardship which would result to the applicant from a denial of the requested permit. (+0) -(11) The species and size of the trees proposed for removal. (11) (12) The following factors shall also be considered: a. Trees forming the current canopy. b. Preservation of the next generation of trees. * ** Sec. 5 -9. Tree replacement guidelines. (a) Tree replacement. All trees that are removed or destroyed and subject to replacement by this chapter shall be replaced by a species of tree cited in Appendix B, desirable trees or such other trees properly approved by the city forester. Replacement shall occur prior to the issuance of a certificate of occupancy (if approval is pending) or within thirty (30) days of removal or destruction, whichever date is earlier, unless a greater replacement period is provided for good cause by permit. (b) Criteria for replacement trees is as follows: (1) Characteristics of replacement trees. The replacement tree(s) shall have at least equal shade potential, screening properties, and/or other characteristics comparable to that of the tree(s) requested to be removed. City of Winter Springs Ordinance No. 2010 -04 Page 4 of 6 (2) Size of replacement trees. Replacement tree(s) are to be made according to the tree replacement standards set forth in Table 1 [at the end of this section]; or (2) otherwise agreed upon by the city commission and applicant. (3) Tree species. Relocated or replacement trees shall include only species and sizes defined as desirable trees (Appendix B) under this chapter. (4) Transplanting and maintenance requirements. All trees transplanted pursuant to this chapter shall be maintained in a healthy, living condition. Any such trees which die shall be replaced and maintained by the property owner. The city shall retain jurisdiction for one (1) year to ensure compliance with this chapter. (5) Waivers of replacement tree(s) specifications. (a) General waivers. The number of required replacement trees may be waived by the city commission, if the city commission determines that the remaining number of trees to be preserved on site are of sufficient number and quality to substantially comply with the purpose and intent of this chapter and a tree replacement fee is paid to the city's "tree bank," which is hereby established. Monies collected in the tree bank shall be used for enhancement and maintenance of trees on public lands. The contribution to the tree bank may be waived by the city commission for individual homeowners, on a case -by -case basis, if the homeowner can demonstrate that the payment of the fee will cause the homeowner an undue economic hardship. Substitute tree(s) allowed under this waiver provision must have the approval of the city commission. The amount to be paid into the tree bank shall be set forth in Table 1 and should be based upon wholesale market value of the trees being replaced, plus installation and maintenance costs to establish the tree. (b) Renewable resource waivers. The tree replacement and tree bank requirements of this section shall not apply if a permit based on sections 5- 4(b)(8) and 5- 4(c)(4) is issued. If the permittee does not maintain and operate the permitted energy device for at least three (3) years, the permittee must replace the removed trees or pay a tree replacement fee to the city's tree bank as required by this section. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like City of Winter Springs Ordinance No. 2010 -04 Page 5 of 6 errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 8th day of March, 2010. 49 / (e4t J 1 N F. BUSH, Mayor ATT ST: IrA LORENZO - LUACES City C erk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR T CITY OF WINTER SPRINGS ONLY. ANTHON . ARGANESE City Attorney First Reading: February 22, 2010 Second Reading: March 8, 2010 Effective Date: March 8, 2010 City of Winter Springs Ordinance No. 2010 -04 Page 6 of 6