HomeMy WebLinkAboutO-2022-006 Adopting Art. 826 Entitled Oak Hammock Tree Protection Overlay to Become a Permanent Ordinance (TX-065-20R)ORDINANCE NO. 2022-006
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, ADOPTING ARTICLE 826 ENTITLED "OAK HAMMOCK
TREE PROTECTION OVERLAY" UNDER THE CITY'S LAND
DEVELOPMENT CODE (LDC) OF THE CITY OF DANIA BEACH CODE TO
BECOME A PERMANENT ORDINANCE; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on January 26, 2021, the City of Dania Beach, after several public hearings
and workshops, adopted the "Oak Hammock Tree Protection Overlay", for the general vicinity of
the SW 36th Terrace, SW 37 1h Avenue and SW 37th Terrace residential neighborhoods; and
WHEREAS, as part of the adoption of the Overlay the City Commission authorized approval
of the ordinance for a one-year period, and if not re -adopted, the ordinance would sunset (expire);
and
WHEREAS, the City desires to remove the one-year restriction and to make the ordinance a
permanent provision within the Land Development Code; and
WHEREAS, the Oak Hammock Tree Protection Overlay area is a mesic temperate hammock
dominated by oaks, but slash pines, cabbage palms, strangler figs, gumbo limbos, and other native
species are also present in these habitats; and
WHEREAS, the communal benefits provided by a mature forest canopy cannot be replicated
through new plantings in a reasonable timeframe; and
WHEREAS, the City recognizes that effective tree protection requires the coordination of
other design standards such as landscaping, utility infrastructure placement, stormwater management
and vehicle parking, etc.; and
WHEREAS, the communal benefits that preserve the health, safety and general wellbeing of
the inhabitants of the City include, amongst other things, storm protection, stormwater storage and
treatment, soil stabilization and strengthening, and serve to counter heat island effect; and
WHEREAS, in order to protect the unique nature of this area, the City of Dania Beach
seeks to adopt the Oak Hammock Tree Protection Overlay, as a permanent ordinance without a sunset
date;
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency, held
a duly advertised public hearing on N o v e m b e r 17, 2 0 2 1, and recommended approval of the
overlay (TX-065-20R) request; and
WHEREAS, the City Commission conducted two (2) duly noticed public hearings in
accordance with law; and
WHEREAS, the City Commission finds that the approval of the overlay as a permanent
provision in the Land Development Code will protect the public health, safety, and welfare of the
residents of the City, and further the purpose, goals, objectives and policies of Objective
XVII of the Future Land Use Element and Objective IV in the Conservation Element of the
City's Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "WHEREAS" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Chapter 28 "Land Development Code," Part 8, "Technical Appendix,"
of the City Code of Ordinances shall not sunset on January 25, 2022, and shall be a permanent portion
of the City's Land Development Code (until repealed) to read as follows:
CHAPTER 28
LAND DEVELOPMENT CODE
PART 8 — TECHNICAL APPENDIX
ARTICLE 826 —OAK HAMMOCK TREE PROTECTION OVERLAY
826-10 Purpose/Intent.
The purpose of the Oak Hammock Tree Protection Overlay District is to preserve the functional,
ecological, and aesthetic integrity of the existing mesic (oak) hardwood hammock forest community
in a particular area described herein by establishing additional protections beyond what Section 825
of the City's Land Development Code currently provides. It is the City's desire to acknowledge the
unique and irreplaceable nature of this tree hammock community and thus implement an enhanced
institutional control that encourages conservation and preservation of this remnant natural area for
the variety of reasons listed below while still enabling responsible development, redevelopment, or
property improvement within the included properties.
The intent of this Overlay is to provide specific standards and regulations to ensure a minimum
number of trees on any lot or parcel within the overlay, protect and preserve native tree species,
protect and preserve the natural forest community, foster and encourage maintenance of natural
vegetation, and minimize loss of trees to development within the overlay district. It is the intent of
the city to:
A. Acknowledge the existence of native tree resources and hammock community understory in
the Overlay district that collectively have synergistic value, while recognizing the existing
residential structures and that new home construction, reconstruction, and other home
improvements will occur;
2 ORDINANCE #2022-006
B. Establish minimum landscape standards for all properties within the Overlay District;
C. Ensure that new development and alterations to existing development are coordinated with
the City to maximize compatibility with the existing tree resources and associated benefits
protected by the Overlay District
D. Provide clear limitations on impacts to the hammock community within the overlay district;
E. Implement increased specimen and buffer tree protections;
F. Create disincentives for unnecessary tree/vegetation removals
G. Ensure existing, mature native trees important to the Overlay District are protected and
maintained to the fullest extent possible;
H. Encourage new structures, utilities, and impervious surfaces to be planned, designed, and
placed in such a way as to protect the survivability and substantial growth of the healthiest
canopy trees on the property; and
1. Ensure all properties located within the overlay shall maintain compliance with the Overlay
Article.
826-20 Goals.
In ftirtherance of the prescribed intent, this Overlay District is intended to accomplish the following
goals deemed particularly beneficial to the residents within the District and also to the City as a
whole:
A. Maintain, preserve, and improve the existing, native trees and intact understory plant
community within this mature, mesic hardwood hammock community, the largest remaining
within the City;
B. Achieve a balanced, equitable and practical approach to preserving the canopy and fostering
the establishment of new trees in the Overlay area;
C. Preserve of the Overlay's existing tree canopy by managing the impact of development or
redevelopment, and preventing unreasonable or unnecessary damage to the community's
existing native tree canopy and vegetative understory;
D. Maintain the diversity of tree species indigenous to the Overlay area.
E. Preserve, enhance, and restore the unique natural environment in the Overlay area for the
enjoyment of present and future residents;
F. Preserve the scenic streets and sense of place the existing oak hammock creates;
G. Preserve the tree canopy and natural vegetation for their ability to serve as an important storm
water management tool in the community;
H. Preserve the intact tree canopy for its synergistic resistance to storm conditions when
maintained as a whole;
1. Achieve greater energy conservation by maximizing the shading and cooling effects of tree
canopy and vegetated surfaces;
J. Maintain and expand the existing tree canopy to reduce the sound pollution in the
neighborhood from surrounding commercial destinations;
3 ORDINANCE #2022-006
K. Maintain and expand the existing tree canopy to decrease the light pollution resulting from
surrounding commercial areas; and
L. Maintain and expand the existing tree canopy to reduce the heat island effects of urban
development in the community.
826-30 Overlay District Location And Limits.
All public or private rights of way and residential properties accessed by and located on both sides
of the following City roads north of Stirling Road: SW 37 Terrace, SW 37th Avenue, and SW 36
Street. The mqp of the overlqy area is as follows:
"THE OVERLAY"
HARGER HILLS
SW 36 TERRACE
SW 37 AVENUE
SW 37 TERRACE
ZONING DISTRICT
RESIDENTIAL SINGLE FAMILY
(RS-12000)
Legend
M SUBJECT PROPERTY
450'BUFFER
DANIA BEACH
SEA ILUVG tT LOVE IT.
eet
0 105210 420 630 840
The legal description of the properties subject to the overlay are as follows:
Folio No. 504231010759 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 S 250 OF El/2 LESS
PT DESC IN OR 8288/127 FOR RD R/W BLK 3; Folio No. 504231010721 - REED LAND CO
SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 345 OF El/2 BLK 3; Folio No. 504231010768 - REED
LAND CO SUB 31-50-42 2-32 D LOT 16 N 105 OF S 450 OF El/2 BLK 3; Folio No. 504231010753
- REED LAND CO SUB 2-32 D 31-50-42 N 95 OF S 545 OF El/2 OF TR 16 BLK 3; Folio No.
504231010751 - REED LAND CO SUB 2-32 D 31-50-42 N 95 OF S 640 OF El/2 OF TR 16 BLK
4 ORDINANCE #2022-006
3; Folio No. 504231010765 - REED LAND CO SUB 2-32 D 31-50-42 TR 16 N 100 OF S 740 OF
El/2 BLK 3; Folio No. 504231010766 - REED LAND CO SUB 31-50-42 2-32 D LOT 16 N 95 OF
S 835 OF El/2 BLK 3; Folio No. 504231010766 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16
N 95 OF S 930 OF El/2 BLK 3; Folio No. 504231010758 - REED LAND CO SUB 2-32 D 31-50-
42 LOT 16 N 100 OF S 1030 OF El/2 BLK 3; Folio No. 504231010722 - REED LAND CO SUB
2-32 D 31-50-42 LOT 16 N 95 OF S 1125 OF El/2 BLK 3; Folio No. 504231010720 - REED LAND
CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 1220 OF El/2 BLK 3; Folio No. 504231010760 -
REED LAND CO SUB 2-32 D 31-50-42 LOT 16 El/2 LESS S 1220 BLK 3; Folio No.
504231010767 - REED LAND CO SUB 31-50-42 2-32 D LOT 16 W1/2 LESS S 1220 BLK 3; Folio
No. 504231010755 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 1220 OF W1/2
BLK 3; Folio No. 504231010752 - REED LAND CO SUB 2-32 D 31-50-42 N 95 OF S 1125 OF
W1/2 OF TR 16 BLK 3; Folio No. 504231010769 - REED LAND CO SUB 2-32 D 31-50-42 TR 16
N 95 OF S 1030 OF W1/2 BLK 3; Folio No. 504231010761 - REED LAND CO SUB 2-32 D 31-
50-42 LOT 16 N 100 OF S 935 OF W1/2 BLK 3; Folio No. 504231010764 - REED LAND CO SUB
2-32 D 31-50-42 LOT 16 N 95 OF S 835 OF W1/2 BLK 3; Folio No. 504231010762 - REED LAND
CO SUB 2-32 D 31-50-42 LOT 16 N 100 OF S 740 OF W1/2 BLK 3; Folio No. 504231010770 -
REED LAND CO SUB 2-32 D 31-50-42 N 95 OF S 640 OF WI/2 OF TR 16 BLK 3; Folio No.
504231010763 - REED LAND CO SUB 2-32 D 31-50-42 N 100 OF S 545 OF W1/2 OF TR 16 BLK
3; Folio No. 504231010756 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 95 OF S 445 OF
W1/2 BLK 3;Folio No. 504231010741 - REED LAND CO SUB 2-32 D 31-50-42 LOT 16 N 100
OF S 350 OF W1/2 BLK 3; Folio No. 504231010754 - REED LAND CO SUB 2-32 D 31-50-42 N
85 OF S 250 OF W1/2 OF LOT 16 BLK 3; Folio No. 504231010757 - REED LAND CO SUB 2-32
D 31-50-42 BEG SW COR OF LOT 16,NLY 53.01, ELY 71.60 TO POB,CONT ELY 96.61, NLY
112,WLY 97.35,SLY 112 TO POB BLK 3; Folio No. 504231020153 - HARGER HILLS 26-41 B
LOT 23 N 112.03 OF S 130.03 OF E 73; Folio No. 504231020150 — HARGER HILLS 26-41 B LOT
23 N 112 OF S 130 LESS E 73 & LESS PT LYING SWLY OF CHORD FOR 25 RAD ARC,SAID
ARC TANG TO W/L LOT 23 & TANG TO LINE 53 N OF S/L OF SEC 3 1JOGETHER WITH E
1/2 OF PT OF VAC'D SW 37 AVE LYING W OF SAID LOT,LESS STIRLING ROAD R/W &
LESS 2 FT BIKEWAY; Folio No. 504231020152 - HARGER HILLS 26-41 B LOT 23 LESS S
130JOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF & ADJ TO SAID
PROP; Folio No. 504231020140 - HARGER HILLS 26-41 B LOT 22 LESS N 25JOGETHER
WITH E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF SAID PT OF LOT 22; Folio No.
504231020141 - HARGER HILLS 26-41 B LOT 21,22 N 25 TOGETHER WITH E 1/2 OF PT OF
VAC'D SW 37 AVE LYING W OF SAID LOTS; Folio No. 504231020120 - HARGER HILLS 26-
41 B LOT 20 & E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF & ADJ TO SAID LOT; Folio
No. 504231020110 - HARGER HILLS 26-41 B LOT 19 TOGETHER WITH E 1/2 OF PT OF
VAC'D SW 37 AVE LYING W OF & ADJ TO LOT 19; Folio No. 504231020100 - HARGER
HILLS 26-41 B LOTS 17 & 18 TOG WITH El/2 OF PT OF VAC'D SW 37 AVE LYING W OF &
ADJ TO SAID LOTS 17 & 18 PER O.R. 23957/105 BCR; Folio No. 504231020080 - HARGER
HILLS 26-41 B LOT 16 TOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF
& ADJ TO LOT 16; Folio No. 504231020070 - HARGER HILLS 26-41 B LOT 15 TOGETHER
WITH E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF & ADJ TO LOT 15; Folio No,
504231020060 - HARGER HILLS 26-41 B LOT 14 TOGETHER WITH E 1/2 OF PT OF VAC'D
SW 37 AVE LYING W OF & ADJ TO LOT 14; Folio No. 504231020050 - HARGER HILLS 26-
41 B LOT 13 TOGETHER WITH E 1/2 OF PT OF VAC'D SW 37 AVE LYING W OF & ADJ TO
LOT 13; Folio No. 504231020040 - HARGER HILLS 26-41 B LOT 12 & E 1/2 OF PT OF VAC'D
SW 37 AVE LYING W OF & ADJ TO SAID LOT; Folio No. 504231020039 - HARGER HILLS
26-41 B LOT I I TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ
5 ORDINANCE #2022-006
TO LOT 11; Folio No. 504231020038 - HARGER HILLS 26-41 B LOT 10 & W 1/2 OF PT OF
VAUD SW37 AVE LYING E OF& ADJ TO LOT 10; Folio No. 504231020037 -HARGER HILLS
26-41 B LOT 9 & W 1/2 OF PT OF VAC SW 37 AVE LYING E OF & ADJ TO LOT; Folio No.
504231020036 - HARGER HILLS 26-41 B LOT 8 TOGETHER WITH W 1/2 OF PT OF VACID
SW 37 AVE LYING E OF & ADJ TO LOT 8; Folio No. 504231020032 - HARGER HILLS 26-41
B LOT 7 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO LOT
7; Folio No. 504231020033 - HARGER HILLS 26-41 B LOT 6 TOGETHER WITH W 1/2 OF PT
OF VAC'D SW 37 AVE LYING E OF & ADJ TO LOT 6; Folio No. 504231020031 - HARGER
HILLS 26-41 B LOT 5 TOGETHER WITH W 1/2 OF PT OF VACD SW 37 AVE LYING E OF &
ADJ TO LOT 5; Folio No. 504231020030 - HARGER HILLS 26-41 B LOT 4 TOGETHER WITH
W 1/2 OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO LOT 4; Folio No. 504231020016
- HARGER HILLS 26-41 B LOT 3 N 90 TOGETHER WITH WI/2 OF PT OF VACID SW 37 AVE
LYING E OF & ADJ TO SAID LOT; Folio No. 504231020015 - HARGER HILLS 26-41 B LOT I
N 40,2,3 LESS N 90 TOGETHER WITH W 1/2 OF PT OF VAC SW 37 AVE LYING E OF SAID
LOT; Folio No. 504231020014 - HARGER. HILLS 26-41 B LOT 1 S 90 OF N 130 TOGETHER
WITH W1/2 OF PT OF VAC'D SW 37 AVE LYING E OF SAID LOT; Folio No. 504231020013 -
HARGER HILLS 26-41 B LOT I S 88 OF N 218 TOGETHER WITH W 1/2 OF THAT PT OF
VAC'D SW 37 AVE LYING E OF & ADJ TO SAID LOT; Folio No. 504231020012 - HARGER
HILLS 26-41 B LOT I S 88 OF N 306 TOGETHER WITH W 1/2 OF PT OF VAC'D SW 37 AVE
LYING E OF & ADJ TO SAID LOT; Folio No. 5 04231020010 - HARGER HILLS 26-41 B LOT I
LESS S 18 & LESS N 306 & LESS EXT AREA FORMED BY 25 RAD ARC TANG TO E/L OF
LOT I & TANG TO A LINE 53 N OF & PARA TO S/L OF SEC 31-50-42 TOGETHER WITH W
1/2 OF PT OF VAC'D SW 37 AVE LYING E OF & ADJ TO SAID LOT, LESS THEREFROM
STIRLING RD R/W & LESS 2 FT BIKEWAY ; Folio No. 504231040160 - STIRLING OAKS
ESTATES 77-39 B LOT 17; Folio No. 504231040150 - STIRLING OAKS ESTATES 77-39 B LOT
16; Folio No. 504231040140 - STIRLING OAKS ESTATES 77-39 B LOT 15; Folio No.
504231040130 - STIRLING OAKS ESTATES 77-39 B LOT 14; Folio No. 504231040120 -
STIRLING OAKS ESTATES 77-39 B LOT 12; Folio No. 504231040110 - STIRLING OAKS
ESTATES 77-3 9 B LOT 11; Folio No. 504231040100 - STIRLING OAKS ESTATES 77-39 B LOT
10; Folio No. 504231040090 - STIRLING OAKS ESTATES 77-39 B LOT 9; Folio No.
504231040080 - STIRLING OAKS ESTATES 77-39 B LOT 8; Folio No. 504231040070 -
STIRLING OAKS ESTATES 77-39 B LOT 7; Folio No. 504231040060 - STIRLING OAKS
ESTATES 77-39 B LOT 6; Folio No. 504231040050 - STIRLING OAKS ESTATES 77-39 B LOT
5; Folio No. 504231040040 - STIRLING OAKS ESTATES 77-39 B LOT 4; Folio No.
504231040030 - STIRLING OAKS ESTATES 77-39 B LOT 3; Folio No. 504231040020 -
STIRLING OAKS ESTATES 77-39 B LOT 2; Folio No. 504231040010 - STIRLING OAKS
ESTATES 77-39 B LOT 1; Folio No. 504231040171 - STIRLING OAKS ESTATES 77-39 B
PORTION OF PARCEL A DESC AS COMM NW COR OF SAID PARCEL,SLY 103,ELY
158.52,NLY 102.98,WLY 157 TO POB AKA: LOT A -I STIRLING OAKS ESTATES; Folio No.
504231040173 - STIRLING OAKS ESTATES 77-39 B PART OF PARCEL A DESC'D AS,COMM
AT NW COR PAR A,ELY 157 TO POB, CONT E 106.57,SELY 39.87,SLY 77.40,WLY
129.71,NLY 102.98 TO POB AKA: LOT A-5 STIRLING OAKS ESTATES; Folio No.
504231040174 - STIRLING OAKS ESTATES 77-39 B PART OF PARCEL A DESC'D AS,COMM
AT SW COR OF PARCEL A,E ALG S/L FOR 262.37 TO POB,NELY ARC DIST OF 38.67,N
132.60,W 144.1 1,SLY 50,ELY 25,SELY 141.03 TO POB AKA: LOT A-4 STIRLING OAKS
ESTATES; Folio No. 504231040170 - STIRLING OAKS ESTATES 77-39 B PART OF PARCEL
A DESC'D AS,COMM AT SW COR OF PARCEL A,ELY 25 TO POB,CONT ELY 237.37,NWLY
FOR 141.03,WLY 50,SWLY 143.40 TO POB AKA: LOT A-3 STIRLING OAKS ESTATES; and
6 ORDINANCE #2022-006
Folio No. 504231040172 - STIRLING OAKS ESTATES 77-39 B PT OF PARCEL A DESC AS
BEG SW COR PAR A,N 157,E 144.12,S 50, W 25,SW 143.40,W 25 TO POB AKA: LOT A-2.
826-40 Overlay Standards And Provisionsi
The enhanced standards of this section apply to all native (as defined in 825-50) trees and intact
understory areas within the limits of the Overlay District. Non-native and ornamental trees/vegetation
otherwise regulated by Articles 275 or 825 of the City's code are not subject to these enhanced
standards. For the reasons outlined in Sections 826-10 and 826-20 of this Article, these provisions
shall help to preserve and maintain the functional integrity of the forest community as a whole by
maximizing retention of native trees and understory that are characteristic of the Overlay area.
All land development, redevelopment, improvement, or property maintenance (e.g. driveway
repaving or fixing a cracked water line due to root intrusion; limb removal due to roof line or gutter
conflicts) within the Overlay District shall comply with the following new or increased standards
which supersede or are in addition to existing requirements of Articles 275 (Landscaping) and 825
(Tree Preservation) of the City's Land Development Code:
A. Minimum landscqpe standards: For properties within the Overlay District, the minimum tree
requirements shall be either six (6) category IA native canopy trees, 40" combined native
tree caliper/dbh, or aerial canopy coverage equal to fifty (50) percent of the lot size. Credit
for canopy coverage can extend beyond the property line for trees rooted wholly or mostly
within the property requesting the credit.
The table below shows the differences between minimum landscape requirements for
properties located within the district vs. those located elsewhere in the City.
Minimum
Min.
Min. Canopy
Trees
Caliper/DBH
Credit
Non -Overlay Area Requirements
3 Category I B
15"
900 sq. ft.
[275-160(B)(1)]*
Overlay Area Requirements"
6 Category IA
40"
50% of lot area
*all requirements must be met
** only one of the three requirements must be met
B. Perimeter buffer preservation zone: A perimeter buffer preservation zone shall be established
to preserve existing trees located nearest to property lines where conflicts with residences are
lowest. All existing native trees in "fair" or "good" condition with a DBH larger than eight
(8) inches and situated wholly within ten (10) feet of the property line are to be preserved.
Intact understory areas within this same ten (10) foot buffer shall also be preserved against
voluntary impacts. Any development, redevelopment or exterior site improvements shall be
designed and implemented in a manner that preserves the existing canopy and critical root
zones of such trees, and any native understory that may also be present. This perimeter buffer
may be reduced in certain areas if other portions of the buffer with equal or greater value are
equivalently increased as compensation.
F.S. Section 163.45 provides that a tree that is determined to be dangerous to persons or property by a
certified arborist licensed by the International Society of Arboriculture or a Florida licensed landscape
architect does not require a permit or mitigation.
7 ORDINANCE #2022-006
C. Mandatory preservation of healthy specimen trees: preservation against voluntary/elective
impacts shall be required for all existing specimen trees (excluding palms) in "good"
condition [See. 825-50]. Any development, redevelopment, or exterior site improvements
shall be designed and implemented in a manner that avoids impacts to or abuse of existing
canopy and critical root zones of such trees.
D. Construction design standards: In designing a new residential structure or an
addition/improvement to the exterior of an existing residential structure, including, but not
limited to the installation of a shed, pool or driveway, the improvements shall be designed
and constructed around regulated native trees in "fair" or "good" condition and intact
understory areas to the maximum extent feasible. Horizontal and vertical design
modifications shall prevent abuse of existing native tree resources.
E. Prohibition against elective variances: variances to Overlay requirements which would result
in impacts to native trees (excluding palms) with a DBH larger than eight (8) inches in "fair"
or "good" condition are prohibited.
F. Increased health and location protections: Trees with "Good" condition rating, as defined in
section 825-50 of the LDC, and location scores of 2 or better, as described in section 825-
140(C)(2)] shall receive greater protections and requirements for avoidance than other non -
specimen trees or those with substantial structural defects or health issues.
G. Advanced notification requirement: At least 48 hours prior to any contracted trimming, or
removal of trees, the property owner is required to contact the City and provide a work
schedule so that the City's arborist may meet on site meet with the tree removal or
maintenance contractor and inspect the trees proposed for removal or trimming. This meeting
shall provide opportunity to confirm the proposed trimming activities will not result in
accidental abuse of protected trees and verify proposed removals have been approved.
826-50 Specific Tree Protections
A. Protective measures are required to minimize:
1. Mechanical injuries to roots, trunk, and branches;
2. Injuries by chemical poisoning;
3. Injuries by grade changes;
4. Injuries by excavations;
5. Injuries by root compression; and
6. Injuries by new impervious surfaces paving
B. A Tree Protection Zone shall be established around each tree(s) on the property and in the
general vicinity of the proposed construction/installation/maintenance area as follows:
At a minimum, the tree protection zone shall be defined as a circular area around a
native tree with a radius equal to six (6) times the diameter of the trunk of the protected
tree at breast height. In no case shall a tree protection zone be less than seventy-two
(72) inches in diameter. As an example, a protected tree with a DBH of fifty (50)
inches (4-ft. 2-inches) will have a tree protection zone with a radius of three hundred
(300) inches (25 ft.). A protected tree with a DBH of eight (8) inches will have a tree
protection zone of seventy-two (72) inches.
8 ORDINANCE #2022-006
2. Prior to commencement of construction, all native trees to remain shall be protected
via the installation of a tree protection barricade. The tree protection barricade shall
be at least three (3) feet tall. fence The barricade must remain in place through the
duration of construction activities.
3. Trenching or excavation within the tree protection zone of a native tree intended for
preservation must not impact more than 30% of the tree protection zone. Directional
boring/tunneling is the preferred method when applicable.
TUNNELING UNDER ROOT ZONE
IL dl
WRONG RIGHT
AVOID SEVERING ROOTS
Install utility lines around tree roots or tunnel under
the root zone. Trenching kills all the roots outside
the cnench line. Posts and supporting beams can be
substituted for footing and walls where proposed
foundations conflict with tree roots.
4. A deviation from the minimum size requirements of the tree protection zone may be
granted by the Community Development Director if the strict application of this rule
will result in the unnecessary removal of trees which can otherwise be preserved
through application of best management and sound arboricultural/horticultural
practices. Consultation with an ISA certified arborist is required to determine proper
measures to ensure protection of the tree during construction activities. The plan shall
be prepared and certified by an ISA certified arborist and include sufficient detail to
clearly define the process, deviation from requirements herein, and alternative
protective measures proposed.
5. The root systems of native trees shall be preserved when installing fences and walls.
Postholes and trenches located close to trees shall be dug and adjusted as necessary
to avoid damage to major roots. Continuous footers for masonry walls shall be ended
at the point larger roots are encountered and the roots bridged.
9 ORDINANCE #2022-006
6. If upon inspection by the City it is determined that a tree protection barricade has been
improperly located or has not been properly maintained, a stop work order may be
issued. The stop work order may not be lifted until all barricades have been re-
established in accordance with this ordinance and any resulting corrective action has
been completed.
826-60 Exemptions.
The following exceptions to the tree preservation requirements herein are authorized:
A. Generally accepted emergency/time-sensitive procedures necessary for the protection
of life, health, safety, or property.
B. Pruning trees by qualified entities (e.g. property owners, utility or other easement
holders or their authorized contractors/agents) that does not quality as tree abuse
under Article 830 and is conducted wholly in accordance with ANSI A-300 standards
or other applicable Statutes.
C. Non-native/exotic or ornamental landscape trees are exempt from the Overlay
requirements.
826-70 Permit Application Requirements.
A building permit or tree removal permit application that is reviewed for compliance with the
standards of this chapter may require more information than a typical residential permit application
not affected by these provisions. If alteration of native trees is proposed, the information below may
be required by the City. This information must be prepared by certified or qualified professionals
and submitted with any permit application packages proposing removal or alteration of specimen
trees:
A. Tree survey or tree resource map assigning individual tree numbers and identifying the
locations of all regulated trees on site. The survey/map should also include
approximate/representative foliage limits for all unmaintained/intact understory areas, as
well as additional trees rooted within 50 feet of the property lines such that overhanging
canopy areas are clearly reflected on the survey;
B. Tree Data Table listing the species, trunk diameter (inches), canopy spread (feet), canopy
area (square feet), height (feet), and condition of the tree;
C. Tree disposition plan indicating the intent to remove, relocate, or preserve each tree
shown on the survey (this may be included in the tree data table identified in 826-70B.
above.;
D. Arborist report documenting and evaluating all native trees proposed for removal and all
specimen trees on -site;
a. arborist reports shall be prepared in accordance with ISA standards and at a
minimum include documentation of the tree location, size, growth habit,
condition, and conflicts with surrounding features as applicable for determination
of potential hazard status [Section 825-50, of the Land Development Code] or
health/condition rating as required for specimen tree appraisal [Section 825-
140(C)(2), of the Land Development Code]; and
10 ORDINANCE #2022-006
E. Tree -specific arborist evaluations shall be required for all new development or
redevelopment applications proposing ground disturbing activities (e.g. plumbing,
electrical, etc.) within the critical root zones of native trees protected under this article.
826-80 Mitigation.
Canopy replacement or Tree Trust Fund payments required for tree removals shall be subject to the
following additional requirements.
A. This article supersedes the existing mitigation exemption for single family properties
outlined in Sec. 825-100(D), of the Land Development Code.
B. Mitigation for tree removals shall be required on -site for all properties which do not meet
the minimum landscape standards described in 826-40(A) above. Any property that
legally does not meet the tree coverage criteria contained herein at the time of ordinance
adoption may coordinate with the City to submit documentation of the pre-existing
deficiency which would preclude assessment of this on -site requirement for
compensatory mitigation that exceeds the documented pre-existing condition.
C. On -site mitigation is preferred for all projects regardless of compliance with 826.40(A).
To encourage on -site tree replacement, mitigation in excess of the minimum thresholds
in 826-40(A) that is provided off -site shall be valued at half the calculated canopy square
footage (825-100) or monetary cost to the City's Tree Trust Fund (825-30). On -site
mitigation/tree replacement shall be attributed full value outlined in Sec. 825-100, of the
Land Development Code.
D. Mitigation for specimen tree removals shall be provided at least 50% on -site regardless
of compliance with 826.40(A).
E. Trees on the nuisance plants list may be removed regardless of size provided that each
tree removed is replaced either with one native Category 2 tree or 150 square feet of native
understory shrubs representative of the protected community type and otherwise meeting
the requirements for size and spacing of new landscape installations identified in Article
275 of the City's Land Development Code.
F. Replacement trees for on -site mitigation shall be of Category I A size or larger and shall
be of species typical of the mesic hardwood hammock habitat being protected. The City
may authorize mitigation via the Tree Trust Fund on a case -by -case basis if a suitable on -
site location for canopy tree growth and establishment does not exist.
G. For projects required to provide three (3) or more mitigation trees, at least two (2)
different tree species shall be provided.
826.90 Conditions Of City Approval.
Planning/Zoning or Building department approvals affecting native trees or intact understory areas
within the Overlay -shall be subject to the following conditions:
A. All trees required on properties with approved site/landscape plans associated with an
issued building permit shall be maintained continually and replaced with similar species
at equal or greater size if they die.
B. Tree/vegetation protection measures must be reasonably implemented during
construction of permitted site improvements and maintenance activities. All failures to
11 ORDINANCE #2022-006
protect as per approved plan, especially unauthorized damage to the critical root zone or
trunk shall be subject to enforcement.
C. The City shall be notified at least 48 hours prior to all native tree removals and/or
trimming of native tree branches exceeding 6" in diameter.
826.100 Enforcement.
After -the -fact regulation of unauthorized protected tree removals or tree abuse shall be subject to the
following:
A. Application fees for after -the -fact permits shall be doubled.
B. The removal of a healthy specimen tree not meeting the criteria of this Article, the
removal of a specimen tree without a permit, or the damage of or effectively destroying
a specimen tree which kills or will more likely than not cause the tree to die shall warrant
the assessment of a penalty of up to $5,000, as determined appropriate by the Special
Master as the harm is irreparable and irreversible, in addition to meeting the restoration
requirements defined herein. Under this Overlay District, unauthorized removals of trees
or understory vegetation, actions that "effectively destroy" trees as defined at Section
825.50, or actions constituting tree "abuse" as defined at Section 825.50 shall be subject
to the enforcement provisions of this section.
C. Double mitigation (canopy replacement and/or trust fund payments as determined by the
criteria herein) shall be required in addition to processing fees and prescribed
fines/penalties.
Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are repealed to the extent of such conflict.
Section 5. That this Ordinance shall be effective immediately upon its passage and
adoption on second reading.
12 ORDINANCE #2022-006
PASSED on first reading on December 14, 202 1.
PASSED AND ADOPTED on second reading on January 11, 2022.
ATTEST:
THOMAS SCHNEIDER, CMC
CITY CLERK kqLs(�L li
APPROVED AS TO FORM AND CORRECTNESS:
E&,k. BqYTSIS
C ATTORNEY
13 ORDINANCE #2022-006