HomeMy WebLinkAboutOrdinance - City Council - Regular - 2307 - 8/5/1985ORDINANCE NO. 2307
AN ORDINANCE
To Be Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FORT MYERS, FLORIDA, AMENDING
CHAPTER 38, ARTICLE II, PRESERVATION AND
PROTECTION OF TREES BY DELETING SEC-
TION 38-21 PURPOSE AND INTENT; SEC-
TION 38-22 PROHIBITIONS; SECTION 38-23
DEFINITIONS; SECTION 38-24 PERMIT
REQUIRED; SECTION 38-25 EXEMPTIONS FROM
PERMIT REQUIREMENT -TREE REMOVAL ALONG
WITH WITHIN UTILITY EASEMENTS,
RIGHTS -OF -WAY AND MUNICIPAL PROPERTY;
SECTION 38-26 SAME -LICENSED LAND SURVEY-
OR EXEMPTION; SECTION 38-27 PERMIT APPLI-
CATION AND SUBMISSION; SECTION 38-28
CRITERIA FOR PERMIT ISSUANCE; SEC-
TION 38-29 STANDARDS FOR REMOVAL AND
REPLACEMENT OF TREES; SECTION 38-20
SPECIMEN TREES; SECTION 38-31 APPEAL FROM
DENIAL OF PERMIT; SECTION 38-31.1 VARI-
ANCE; SECTION 38-31.2 DURATION OF PERMIT;
SECTION 38-32 PROTECTIVE BARRIER RE-
QUIREMENTS; SECTION 38-32.1 EMERGENCIES
AND SECTION 38-33 PENALTIES AND CREATING
NEW SECTION 38-21 PURPOSE AND INTENT;
SECTION 38-22 PROHIBITIONS; SECTION 38-23
DEFINITIONS; SECTION 38-24 PERMIT
REQUIRED; SECTION 38-25 EXEMPTIONS FROM
PERMIT REQUIRED; SECTION 38-26 PERMIT
APPLICATION AND SUBMISSION; SECTION 38-27
CRITERIA FOR PERMIT ISSUANCE; SEC-
TION 38-29 SPECIMEN TREES; SECTION 38-30
APPEAL AND VARIANCE FROM DENIAL OF
PERMIT; SECTION 38-30.1 DURATION OF PER-
MIT; SECTION 38-31 PROTECTIVE BARRIER
REQUIREMENTS; SECTION 38-31.1 EMERGENCIES
AND SECTION 38-32 PENALTIES AND PROVID-
ING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL
OF THE CITY OF FORT MYERS, FLORIDA, that:
SECTION 1.
Chapter 38, Article II Preservation and
Protection of Trees of the City Code of the City of Fort Myers,
Florida, Sections 38-21 through 38.33 is hereby deleted and new
Sections 38-21 through 38-32 is hereby created as follows:
ARTICLE II. PRESERVATION AND PROTECTION OF TREES
Section 38-21. Purpose and intent.
Trees, as defined herein and their removal as
regulated herein are declared to provide and/or main-
tain beneficial public resources and it is the intent of
the city to protect them and to establish minimum
ORDINANCE NO. 2307
canopies as herein set out, in the interest of the
health, safety and welfare of present and future
citizens of Fort Myers.
Section 38.22. Prohibitions.
To that end, it shall be unlawful to cut down,
damage, poison or in any other manner destroy or
cause to be destroyed any tree as covered by the terms
of this article, except in accordance with all of the
provisions of this article.
Section 38-23. Definitions.
For the purpose of this article, certain terms are
defined as follows. The work "shall" is always manda-
tory and not merely directory.
(a) Canopy (Multiple trees). More or less contin-
uous cover of branches and foilage formed
collectively by the crowns of adjacent trees or
other woody growth.
(b) Crown cover, Canopy ( Single trees) . Crown
spread or ground area covered by a tree
crown is delineated by the vertical projection
by its uppermost perimeter or dripline . The
canopy of an existing tree may be calculated
by using the actual area of the crown spread,
but the potential canopy of a new tree must
use the value shown in table "B" of the
Handbook.
(c) Diameter breast height (D.B.H.) The diame-
ter in inches of a tree measured at four and
one-half (41) feet above the existing grade.
(d) Mangrove. Any of all of the following species
of plants:
(1) Red mangrove-Rhizophora mangle;
(2) Black mangrove-Avicennia nitida or
Avicennia germinans;
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ORDINANCE NO. 2307
(3) White man grove -La guncularis racemosa;
(4) Buttonwood or button man-
grove-Conocarpus erecta .
(e) Protective barrier. A physical structure,
limiting access by heavy machinery to the
surface area around a tree to be protected,
composed of scrap lumber, stakes and rope or
other suitable material.
(f) Remove or removal. The actual removal or
knowingly causing removal or knowingly
causing the effective removal through damag-
ing, poisoning or other direct or indirect
actions resulting in death to the tree.
(g) Tree. Any standing, healthy, living woody
plant, together with its root system, of a
species which normally attains a minimum
overall height at maturity of at least fif-
teen (15) feet in the City of Fort Myers.
(h) Exempted species. The following are not
considered to be trees for the purposes of
this article and therefore a permit is not
required for their removal unless listed in
Table "B" of Handbook:
(1) Punk tree-Melaleuca quinquenervia ;
(2) Brazilian pepper-Schinus
terenbinthifolius;
(3) Austrialian pine Casuarina spp.;
(4) Eucalyptus spp.;
(5) Ficus spp. except native strangler fig;
(6) Silk oak-Grevillea robusta;
(7) Melaleuca-Melaleuca quinquenervia;
(8) Pepper-Schinus terebinthifolius .
(i) Areas of mangrove; areas of cypress. Those
areas meeting the criteria of "submerged
land" (F . A. C . 17-4.02 [ 17 ]) or "transitional
zone of a submerged land"
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ORDINANCE NO. 2307
(F. A. C. 17-4.02 [ 19]) ; except that said areas
need not be contiguous to the categories of
waters listed in Section 17-4.28(2) F.A.C. in
order to be so classified under this ordi-
nance.
Section 38-24. Permit required.
(a) On any real property (other than as exempted
in paragraph (c) of this section) located
within the limits of the city it shall be unlaw-
ful for any person to deliberately remove any
tree having a diameter at breast
height (D . B . H .) of four (4) inches or greater
without first having procured a permit as
provided in this article.
(b) On any real property located within the limits
of the city having mangroves located thereon,
it shall be unlawful for any person to deliber-
ately remove or cause to be removed any
mangrove, regardless of size, without first
having procured a permit as provided in this
article.
(c) Platted lots zoned AA, A and A-1 are exempt.
(d) Before any permit for new construction of
development is issued, plans shall be submit-
ted and approved to preserve or increase the
canopy to meet the minimum requirements.
Any additions to existing projects which equal
or exceed fifty percent (50%) of the gross
floor area shall comply with this ordinance the
same as new developments.
Section 38-25. Exemptions from permit requirement.
Where the removal of trees is required for the
proper maintenance of existing, or construction of new
lines by Florida Power and Light, United Telephone
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ORDINANCE NO. 2307
Company and Jones Intercable, no tree removal permit
will be required.
Section 38-26. Permit application and submission.
Any person desiring a permit to remove a tree or
mangrove as required by this article shall make written
application to the zoning officer or designee on applica-
tion forms to be provided by the city. Such applica-
tion, when completed and signed, shall be returned to
the zoning officer or designee, together with a
non-refundable filing fee as established by the city
council. In addition to completing the application
forms, the zoning officer to designee shall require the
applicant to submit a site plan showing the proposed
plan of development of the tract, including lot di-
mensions and shape, existing and proposed structures,
existing trees, trees to be removed, utility locations
and proposed grade changes and excavations.
The site plan submitted may be either of the
following:
(1) A site plan indicating the total percentage of
tree canopy on the site of the proposed
development;
(2) Aerial photographs indicating the total per-
centage of tree canopy on the site of the
proposed development. Estimates as to tree
canopy shall be only by a registered land-
scape architect, graduate forester, arborist,
horticulturist, or botanist.
Section 38-27. Criteria for permit issuance.
(a) In determining whether or not a permit
required by this article should be issued, the
zoning officer or designee shall consider and
base the decision within ten (10) days on the
following:
ORDINANCE NO. 2307
(1) Should the removal of trees together
with the planting plans reduce the
canopy below the required minimum, a
permit shall not be issued.
(2) Should the removal of trees, together
with the planting plans not reduce the
canopy below the required minimum, then
a permit shall be issued.
(3) Areas of mangroves and/or areas of
cypress trees shall not be removed
unless the applicant conclusively demon-
strates that there will be no adverse
impact on the urban natural environ-
ment, including but not limited to water
quality, aquifer rechange, ecological
impacts or wildlife habitat.
(b) If the zoning officer or designee denies the
removal permit he shall set forth with
particulary his reasons for such denial in
writing.
Section 38-28. Standards for removal and replacement
of trees.
(a) The Building and Zoning Department shall
make available to the public, for a nominal
fee, the booklet entitled "City of Fort Myers
Tree Handbook", setting forth guidelines and
requirements for the implementation of this
ordinance.
(b) The Tree Canopy Analysis referred to as
Table "A" and the Tree Planting Schedule
referred to as Table "B" , as set out in the
Handbook shall be the minimum requirement
necessary to adequately insure proper tree
planting, replacement and preservation, and
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ORDINANCE NO. 2307
are hereby incorporated herein as if set forth
in full in this section.
(c) All trees planted must be maintained in a
healthy condition. Planted trees that die
must be replaced within thirty (30) days of
notification by the City.
(d) Trees killed by excessive trimming or con-
struction damage shall be replaced with trees
that have the same canopy as the one killed.
Section 38-29. Specimen trees.
From time to time the city council may, upon
holding a public hearing, designate certain trees to be
specimen trees. Because of their unique ecological
value, character, size, age or historic properties,
designated trees are declares to have substantial re-
lation to the public health, safety and welfare and may
not be removed except by further action of the council.
Section 39-30. Appeal and variance from denial of
permit.
There is hereby established a Tree Review Board.
The Board shall have five (5) members composed of the
following:
(1) One member of the City Beautification Commit-
tee to be designated as the chairperson;
(2) The Lee County Urban Forester from Florida
Division of Forestry, or his designee;
(3) A landscape architect who has no interest in
the project and to be selected by the chair-
person;
(4) One architect who has no interest in the
project to be selected by the chairperson;
(5) One member from the building or real estate
industry, who has no interest in the project
and to be selected by the chairperson.
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ORDINANCE NO. 2307
Any applicant requesting a permit required by this
ordinance that is adversely affected by a decision of
the zoning officer or designee in the application or
interpretation of any of the provisions of this ordinance
may appeal the decision to the Tree Removal Review
Board. The appeal provided for herein shall be initi-
ated by filing written notice thereof with the zoning
officer or designee within ten (10) days from the
announcement in writing of the decision. The notice
provided for herein shall recite the reasons why the
appeal is being made. If an adverse decision is then
rendered by the Tree Removal Review Board, applica-
tion may further appeal to the Board of Adjustments
within ten (10) days from date of the announcement in
writing of that decision. Appeal provided for herein
shall be initialed by filing written notice thereof with
the zoning officer or designee. Procedures for Board
of Adjustments hearing shall be as set out in Chap-
ter 41, Zoning. Notice provided for herein shall recite
the reasons why the appeal is being made.
Section 38-30.1. Duration of permit.
Any permit issued by the city pursuant to the
requirements of this article shall expire after six (6)
months from the date the permit is issued.
If a project has been abandoned by the owner and
trees have already been removed. then the parcel of
land shall be replanted to obtain the required potential
canopy for that parcel within thirty (30) days of noti-
fication.
Section 38-31. Protective barrier requirements.
(a) A protective barrier shall be placed around
all protected trees prior to land preparation
or construction activities, according to the
following:
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ORDINANCE NO. 2307
(1) At or greater than a six (6) foot radius
of all species of mangroves and protected
cabbage palms;
(2) At or greater than the full drip line of
all protected native pines;
(3) At or greater than two-thirds (2/3) of
the drip line of all other protected
species.
(b) Whenever a protective barrier is required
under the provisions of this article, it shall
remain in place until major construction
activity is terminated.
(c) No equipment, chemicals, soil deposits or
construction materials shall be placed within
such protective barriers.
(d) Light construction activities subsequent to the
removal of protective barriers shall be accom-
plished with hand labor.
Section 38-31.1. Emergencies.
In case of emergencies involving natural disasters
the requirements of this article may be waived by the
Mayor.
Section 38-32. Penalties.
Penalties for violation of any section of this article
may be heard before the Code Enforcement Board or
may be determined as provided by the state law as a
misdemeanor in the second degree punishable by not
more than sixty (60) days imprisonment and/or a fine
not to exceed five hundred dollars ($500.00). Each
tree removed shall constitute a separate offense.
SECTION 2. This ordinance shall become effective as
provided by law.
r'�
ORDINANCE NO. 2307
PASSED in Public Session of the City Council of the City of
Fort Myers, Florida, this �5 day of ,
A.D., 1985.
Ann M. Knight
i
Wilbur . Smith, II
aul a. Henderson
Council Members
APPROVED this day of ,
A.D., 1985, at .� o'clock p.m.
t r M. War&F,-ayo
FILED in the Officg of the City Clerk this day
of
, A.D., 1985.
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