Fort Walton Beach Ordinance — 1694 preservation of trees during development — reading text

READING DATE 1st '$'~~ o6 2nd ~//.. O~ ORDINANCE NO. 1694 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA AMENDING SECTION 12. 72. 01 OF THE LAND DEVELOPMENT CODE TO PROTECT A GREATER NUMBER OF TREES DURING DEVELOPMENT OF ALL TYPES EXCEPT DETACHED AND ATTACHED ONE FAMILY DWELLING UNITS; REMOVING CABBAGE PALMS ( SABLE PALMETTO) FROM THE REPLACEMENT TREE LIST; ENACTING A NEW SECTION ENTITLED " HERITAGE TREE RECOGNITION;" AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY AND PURPOSE A. The authority for enactment of this Ordinance is Section 166. 021, Florida Statutes 2005). B. This Act is intended to preserve and protect certain types of indigenous trees that provide health, safety, and aesthetic benefit to the community, to strengthen the economy of the city by stabilizing and improving property values through tree management and enhancement, and to recognize certain trees for their distinctive form, size, age, location, species, unique qualities or historical significance. SECTION 2. AMENDMENT OF SECTION 12. 72. 01, PRESERVATION OF PROTECTED TREES Section 12. 72. 01 of the Land Development Code is amended as follows. 12. 72. 01 Preservation of Protected Trees Where protected trees are identified on a site subject to; this chapter, the perimeter and interior landscaped areas shall be located on the site to incorporate the preservation of protected trees, whenever possible. Development ( includes clearing of a vacant lot without a definite development proposal or site plan) shall not involve the removal of any protected trees without a Protected Tree Removal and Replacement Permit. When proposed improvements necessitate removal of protected trees, the owner or his agent shall replace the removed protected tree with a tree listed in the same size category or a larger category identified on the protected and replant tree list. The sum of the diameters of the replacement trees shall be equal to or exceed the sum of the diameters of the replaced trees, with each replacement tree having at least a three inch diameter. wist A: Protected Tree List List B: Tree Replant List 1. Species Type A ( Small, 3" + 1. Species Type A ( Small, 3" + diameter trunk) diameter trunk) ogwood (Cornus florida) ahoon holly (flex cassine) * edbud (Cercis canadensis) ringe tree ( Chionathus virginicus) Crepe Myrtle (Largerstroemia indica) she' s magnolia (Magnolia ashei) * ed bay ( Persea borbonia) * assafras ( Sassafras variifollium) * Yaupon ( flex vomitoria) Wild olive ( Osmanthus americana) crubby post oak ( Quercus margaretta) Wild crabapple ( Malus angustifolia) Wax myrtle ( Myrica cerifera) Crepe myrtle ( Largerstroemia indica) op hornbeam ( Ostrya virginiana) Species Type B ( Medium, 4"+ Species Type B (Medium, 4"+ diameter trunk) diameter trunk) merican Holly (flex opaca) Cherry laurel (Prunus caroliniana) * outhern Magnolia (Magnolia arge- leafed magnolia (Magnolia macrophylla) * randiflora) * ornbeam ( Carpinus carolinana) * astern red cedar ( Juniperus iver Birch (Betula nigra) * irginiana) * torida maple ( Acer banbatum floridanum) * outhern red cedar ( Juniperus weetbay ( magnolia virginiana) * ilicola) * 3. Species Type C ( large, 8"+ diameter 3. Species Type C (Large, 8"+ diameter trunk) trunk) ive Oak ( Quercus virginiana) * Tulip tree ( Lirondendron tulipifera) aurel Oak ( Quercus laurifolia) * Willow oak ( Quercus phellos) weet Gum ( Liquidambar styraciflus) * our gum ( Nyssa sylvatica) lcamore ( Platanus occidentalis) * outhern red oak ( Quercus falcata) * ecan ( Carga illinoensis) * humard's red oak ( Quercus shumardii) * Water Oak ( Quercus nigra) * ackberry ( Celtis laevigata) ed maple ( Acer rubrum) * White oak ( Quercus alba) * aId Cypress aId cypress ( Taxodium distichum) * Shade tree 12. 72. 011 Tree credits Any existing protected tree located on the proposed development site within the interior or perimeter landscaped use areas shall be eligible for credit against the total number of trees required on the site. Credit may be received on the reforestation requirement of this section by preserving protected trees, as follows. Preserved, non- protected trees with a minimum diameter of 12 inches as measured four and one- half feet above the natural grade within the interior or perimeter landscape use areas shall receive a one to one ratio credit, excluding prohibited, dead or diseased trees. One- half of the area within the drip line of preserved trees, which are eligible for credit pursuant to this section, shall be  maintained in either vegetative landscape material or pervious surface cover. The reforestation requirements shall be credited for preserved protected trees at the following rate. Number of Trees Diameter* of Preserved Protected Tree Trunk (inches) Credited 30-- 36 5 20-- 29 4 8-- 19 3 2-- 7 2 Measured at a height of four and one- half (4 ~) feet above the natural grade. 12. 72. 012 Reduction of required parking spaces When the provisions of this chapter are applicable, the reduction of required parking spaces may be allowed when the reduction would result in the preservation of a protected tree with a trunk of at least 12 inches in diameter or greater measured at four and one- half ( 4 ~) feet above the natural grade. For purposes of this section, fractional parking space totals shall be rounded down for a 0.4 or less number and rounded up for a 0. 5 or more number of required off- street parking spaces in excess of 20 spaces. The following reduction schedule shall apply: umber of Required Off-Stree aximum Reduction of Required Off-Street arking Spaces arking Spaces Allowed 1- 9 spaces o spaces 1 0- 19 spaces 1 space o or more spaces 10% of total number of required spaces SECTION 3. AMENDMENT OF SECTION 12. 72. 02, TREE PROTECTION DURING DEVELOPMENT Section 12. 72. 02, Tree Protection During Development is amended as follows. 12. 72. 02 Tree Protection During Development During development activity, preserved trees shall be protected from activities which may injure or kill them. Tree protection techniques found in the Urban Forestry Manual, Southern Group of State Foresters and USDA Forest Service, Southern Region, or equivalent techniques, should be used. SECTION 4. ENACTMENT OF NEW SECTION ENTITLED " HERITAGE TREE RECOGNITION." I A new section numbered 12. 721 and entitled " Heritage Tree Recognition" is adopted as follows. 12. 721 Heritage Tree Recognition 12. 721.01 Intent. The City of Fort Walton Beach recognizes that specific trees within the community are deserving of special status due to their distinctive form, size, age, location, species, unique qualities, or historical significance. 12. 721.02 Nomination of Heritage Tree. Any person may nominate, with the written consent of the property owner, a mature tree for consideration as a Heritage Tree. This nomination shall include all information necessary for evaluation based on the items described above, in a form established by Administrative Policy. The Tree Board shall review all nominations and shall make a written final recommendation to the City Council. The City Council shall review the recommendation and make the final determination for Heritage Tree status. 12. 721.03 Heritage Tree Registry Should the Council approve the nomination, the tree shall be included on the Heritage Tree Registry adopted by resolution of the City Council. The property owner shall be notified of the Council' s action. A Heritage Tree may be removed from the Registry by the City Council upon its own motion, or a Heritage Tree shall be removed from the Registry upon written request by the property owner. A request by the owner must state the reasons for removal from the Registry and be filed with the City Clerk. The City Clerk shall then remove the Heritage Tree from the Registry. SECTION 5. PENALTY Violations of the provisions of this ordinance shall be punished pursuant to section 1. 05 of the Code and through the Code Enforcement Board. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA ON THE-LLDAY OF nl , 2006. 1' Iitk ~ MIKE ANDERSON, MA YOR