HomeMy WebLinkAboutO-1974-043 3
ORDINANCE NO. 43
AN ORDINANCE CONCERNING THE SUBJECT OF TREE PRE-
SERVATION IN CITY OF DANIA, FLORIDA; ESTABLISHING
RULES AND REGULATIONS GOVERNING THE PROTECTION OF
' TREES, SHRUBS AND VEGETATIVE COVER WITHIN CITY OF
DANIA; PROVIDING FOR A DEFINITION OF TERMS; PRO-
VIDING FOR THE DESIGNATION AND PROTECTION OF TREES;
PROVIDING FOR THE APPLICATION FOR PERMITS AND REGU-
LATING THE ISSUANCE OF PERMITS FOR REMOVAL, RELOCA-
TION AND REPLACEMENT OF TREES; PROVIDING FOR A
PENALTY FOR ANY VIOLATIONS; AND REPEALING ALL
ORDINANCES OR RESOLUTIONS IN CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the city commission of the City of Dania deems it
necessary and advisable to provide an ordinance for the protection
and improvement of the beauty of urban and suburban areas through
trees, shrubs and natural vegetative
the preservation and use of
areas in the City of Dania,
;i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1. Short Title
This ordinance shall be known and may be cited as the City
j Tree Preservation Ordinance.
Section 2. Purposes
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The purposes of this ordinance are to establish rules and
regulations governing the protection of trees and vegetative cover
within the limits of the City of Dania, to encourage the prolifera-
tion of trees and vegetation within the City as well as their
j replacement, in recognition of their importance and their meaningful
contribution to a healthy, beautiful and safer community attributable
i to their carbon dioxide absorption, oxygen production, dust filtration,
wind and noise reduction, soil erosion prevention, beach erosion
{ protection, surface drainage improvement , beautification and aesthetic
enhancement of improved and vacant lands , and the general promotion
of the health, safety, welfare and well being of the city. i
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Section 3. Definitions
(a) Buildable Area. The portion of a site within the
required yard areas which are proposed to be covered
j by structures or improvements.
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(b) CitForester. Shall be the city manager who shall
administer this ordinance .
(c) Drip Line. A vertical line run through the outermost
portion of the crown of a tree and extending to the
ground, provided, however, that the same shall be not
less than a ten (10) foot diameter circle which is
drawn from the center of the trunk of a tree.
(d) Removal of a Tree. Removal of a tree also includes
any act which will cause a tree to die within a period
i of three (3) years, e. g. , damage inflicted upon the
root system by heavy machinery; excessive trimming; f
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changing the natural grade above the root system
or around the trunk; damage inflicted on the tree
permitting infection or pest infestation; fire
damage to the tree permitting infection or pest
infestation.
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(e) Tree. An self-su
1 y pportir�jwoody perennial plant
which has a trunk diameter of three (3) inches
measured four and one-half (4 1/2) feet above
grade, and has a minimum overall height of fifteen
(15) feet.
(f) Yard Area. The front, side and rear yard areas as
established and required by the Zoning Ordinance.
Section 4 . Applicability
The terms and provisions of this section shall apply to real
property as follows :
(a) All vacant and undeveloped property.
(b) All property in all zoning classifications that is
intended to be developed.
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(c) The yard areas of all developed property.
j (d) All property where there is to be any addition or
I alteration of a substantial nature. This is to
the exclusion of all single-family owner occupied
dwellings as provided for by the section.
Section 5 . Permits
(a) Required. No person, organization, society, associa-
tio— n or corporation, or any agent or representative
thereof, directly or indirectly, shall cut down, destroy,
remove, or move, or effectively destroy through damaging
any tree situated on property described above without
r first obtaining a permit as herein provided.
(b) Application. Permits for removal, relocation or replace-
ment of trees covered herein shall be obtained by
making application for the permit to the City Forester.
The application shall be accompanied by a written state-
ment specifying the location of the property and the
expected land use and indicating the reasons for removal ,
relocation or replacement of trees thereon. Said
1 application shall be accompanied by four (4) copies of
� a legible site plan drawn to a minimum scale of one (1)
inch equals twenty (20) feet unless, in the discretion
' of the City Forester, it has been determined that a
lesser detailed scale site plan of the area involved,
either in whole or in part, will be sufficient for the
purposes of this ordinance, in which case an appropriate
substitution shall be acceptable. Aerial photographs
jhaving a minimum scale of one (1) inch equals fifty (50)
feet may also be submitted for the consideration of the
City Forester as such an acceptable substitute for a
site plan. The following shall be indicated on the
site plan:
(1) Location of all existing or proposed
structures, improvements and site uses,
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properly dimensioned and referenced
to property lines, setback and yard
requirements and spatial relation-
ships.
(2) Existing and proposed site elevations,
grades and major contours.
(3) Location of existing or proposed utility
services.
I (4) The name, common and botanical, size
and location of all trees on the site,
! designating the trees to be retained,
removed, relocated, or replaced. Groups
of trees in close proximity may be
1 designated as "clumps" of trees with
the predominant type and estimated number
and average diameter noted.
(5) Tree information required above shall
be summarized in legend form on the
plan and shall include the reason for
the proposed removal, relocation or
replacement.
(c) Appl tio ica Review. Upon receipt of a proper appli-
cation, thne City Forester shall review said application
a which may include a field check of the site and referral
of the application to other departments or agencies as
( necessary to determine any adverse effect upon the
general public welfare, adjacent properties or city
services and facilities.
(d) Issuance.
Removal. No permit shall be issued for
tree removal unless one of the following
conditions exists :
(a) The tree is located in the build-
able area where a structure or
improvement is proposed to be
placed and it unreasonably restricts
the permitted use of the property. {
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(b) The tree cannot be relocated on
or off the site because of the age,
type or size of the tree or condi-
tion of growth. I
(c) The tree is diseased, injured, in
danger of falling, too close to
existing or proposed structures ,
creates a traffic hazard or con-
flicts with other City ordinances
or regulations.
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(d) It is in the welfare of the general
public that the tree be removed for
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a reason other than set forth above.
(2) Relocation or Replacement. As condition to the
grantingof a permit, the applicant may be required
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where practical to relocate the tree being
removed or required to replace the tree
being removed with a tree somewhere within
the site of the type that will attain an
overall height of fifteen (15) feet and a
I trunk diameter of at least three (3) inches,
measured four and one-half (4 1/2) feet
above grade , and shall be a minimum of ten
j (10) feet in overall height when planted.
f Section 6 . Tree Protection
(a) During the land clearing and construction stage of devel-
opment, the developer shall clearly mark all trees to be
maintained and shall erect and maintain protective barriers
(to City Forester specifications) around all such trees or
group of trees . The developer shall not allow the movement
of equipment or the storage of equipment, materials, debris,
or fill to be placed within the protection barrier. i
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(b) During the construction stage of development the developer
shall not allow the cleaning of equipment or material
within the drip line of any tree or group of trees to be
maintained. Neither shall the developer allow the disposal
of waste material such as paint , oil, solvents , asphalt,
concrete, mortar and so on within the drip line of any tree
or groups of trees. j
(c) During the land clearing and construction stage of develop-
ment, the City Forester or his assigned officer shall
periodically inspect the site to insure compliance with
the provisions of this section.
Section 7. Exceptions
(a) In the event that any tree shall be determined to be in a
hazardous or dangerous condition so as to endanger the
public health, welfare or safety, and requires immediate
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1 removal without delay, verbal authorization by phone may
j be given by the City Forester and the tree removed without
i obtaining a written permit as herein required.
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(b) During the period of an emergency such as a hurricane,
tropical storm, flood or any other Act of God, the require-
ments of this section may be waived as necessary by the
City Forester.
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(c) All licensed plant or tree nurseries shall be exempt from
the terms and provisions of this section only in relation
to those trees planted and growing on the premises of said
licensee, which are so planted and growing for the sale or
intended sale to the general public in the ordinary course
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of said licensee' s business.
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(d) All property developed with owner occupied single-family
dwellings shall be exempt from the terms and provisions
of section 4 (c) of this section.
(e) The following types of trees shall be exempt from the terms
and provisions of this section.
(1) Schinus Terebinthinfolius (Brazilian
Pepper Tree)
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(2) Metopium Toxiferum (Poison Wood) j
(3) Australian Pine
j (4) Melaleuca
j (f) In certain instances betterment plans may be considered
in lieu of preservation. In such instances applicants
for permits shall demonstrate by means of a proper land-
scape plan that an improvement or betterment of the
environment can be accomplished over the existing site
conditions, if such landscape plan is carried out to its
fullest. If such a detailed landscape plan is so offered
and is accepted by the City, the applicant shall guarantee
by adequate bond, the faithful adherence and completion
j of such landscape plan. The Building Inspector shall not
issue Certificates of Occupancy until the landscape plan
is completed in every respect.
Section 8. Public Lands
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No tree shall be removed from any public lands, park or public
right-of-way except in accordance with the provisions of this ordi-
nance.
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Section 9. Appeals
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Due to the nature of the tree preservation ordinance, if a
situation of hardship arises whereby the strict application of the
i ordinance cannot be met due to extenuating circumstances , the
!J Environmental Control Committee composed of the Director of Public
Works, the Building Inspector, and the City Manager, is authorized
to grant a special exception to the strict application of the
ordinance provided that such special exception shall not nullify
j the spirit and intent of the ordinance.
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Section 10. Penalty
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(a) Any person, firm, partnership, corporation, association,
I or other organization, or any combination of any thereof, j
who shall violate or fail to comply with any of the
provisions of this ordinance, shall, upon conviction, be
fined by a fine not to exceed five hundred dollars
($500. 00) or imprisonment not exceeding sixty (60) days, 1
or both such fine and imprisonment. The removal of each
tree shall constitute a separate offense under this
ordinance.
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(b) Any person who violates the provisions of this ordinance
i shall be deemed guilty of an offense and the conviction
{ thereof shall be grounds for the revocation or suspension
j of any permit granted for the construction or remodeling
of any building or structure on the site so involved.
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Section 11. That all ordinances, or parts of ordinances , in
I conflict herewith be and the same are hereby repealed to the extent
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of such conflict.
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Section 12. That this ordinance shall be in force and take
effect imm—d attely upon its final passage and adoption.
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PASSED and ADOPTED on First Reading on the 7th day of January,
1974.
PASSED and ADOPTED on Second Reading on the 25th day of February,
1974.
Mayor-Commissioner
Attest:
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City Clerk-Au i or
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