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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; 2 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" 3 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 2 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 T 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. 7 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: 0 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. 10