Fort Walton Beach Ordinance — 1888 Tree Protection Standards — reading text

d n ORDINANCE 1888 C% l `/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 4, DEVELOPMENT STANDARDS, OF THE LAND DEVELOPMENT CODE TO AMEND THE TREE PROTECTION STANDARDS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: Section 1. Authority and Intent The authority for enactment of this ordinance is contained in Chapter 166. 021, 163. 3202, and other provisions of the Florida Statutes and section 2 of the City Charter. Section 2. Amendment of Section 4.08. 04, Requirements for Trees and Tree Protection Section 4. 08.04, Trees and Tree Protection is hereby amended as follows: 4. 08. 04 Requirements for Trees and Tree Protection A. Preservation of protected trees 1. The trees listed in Table 4. 08. 04.A are protected in the sizes indicated. Table 4. 08. 04. A. Protected Trees. Small, Medium, Large (canopy or shade) 4 inches dbh + 6 inches dbh + 8 inches dbh + Dogwood ( Corpus Eastern Red Cedar Live Oak ( Quercus virginiana) orida) Juni erus vir iniana) Redbud ( Cercis Southern Red Cedar Sweet Gum ( Liquidambar styracius) canadensis ) Juni erus silicola) Red Maple (Acer Southern Magnolia Sycamore ( Platanus occidentalis) rubrum) Magnolia grandiflora) Willow Oak ( Quercus Pecan ( Carga illinoensis) hellos) Water Oak Quercus ni ra Red Oak ( uercus alcuta) White Oak Quercus alba) Shumard Oak ( uercus shumardii) 2. Removal of any protected tree shall require a tree removal and replacement permit local development permit). Procedures for local development permits are set forth in Chapter 9. 3. Protected trees removed for any purpose shall be replaced on an inch -for -inch basis, measured as diameter at breast height ( dbh). 4. The applicant may elect to replace the trees at a meamroved off s-ite location or pay into the Tree Mitigation Fund if it is demonstrated to the Development Administrator that the site cannot accommodate the total number of replacement trees required by this section as a result of insufficient planting area. The replacement value and _payment into the Tree Mitieation Fund will be established in the Comprehensive Fee Schedule.  4 ORDINANCE 1888 5. Trees for replacement shall be native and selected from a list of trees for reforestation from the Institute of Food and Agricultural Sciences, University of Florida. 6. The design of any required perimeter or interior landscaping or buffers shall include preservation of protected trees on the development site to the maximum extent possible. B. Reduction of required parking spaces for tree protection The required number of parking spaces may be reduced when such reduction results in the preservation of a protected tree at least eight ( 8) inches dbh. Table 4. 08. 04. 0 provides the allowable reduction in required spaces. When the calculation results in a fraction of a parking space, the number of spaces shall be rounded up to the next whole number. t aDle 4ma. u4. n. rarKing tceauction Ior i ree rrotectlon. Number of Required Maximum Spaces to be Reduced Parking Spaces 1- 9 0 10- 19 1 20 or more 10% of the total requirement, not to exceed 10 spaces C. 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, shall be used. D. Trees shall be maintained or removed as follows: Dead, dying, damaged, or diseased trees are prohibited. The Development Administrator may make a determination that a tree is in danger of falling upon an adjacent lot or street due to death, disease, or damage, including damage caused by weather conditions, which shall be considered prima facie evidence of a violation. Section 3. Findings The City Council of Fort Walton Beach finds that the Local Planning Agency reviewed and recommended approval of the ordinance on February 6, 2014. The City Council of Fort Walton Beach finds that the proposed ordinance is consistent with the goals, objectives, and policies of the City' s Comprehensive Plan. Section 4. Effective Date This ordinance shall take effect immediately upon approval on second reading by the City Council and signature of the Mayor. r Mike Anderson, Mayor  4 ORDINANCE 1888 Approved for form, legal sufficiency Attest: Helen Spencer, City Clerk Additions are underlined; deletions are stfie eF  4 U0 nn CITY OF MRT wML- TON BEACH NOTICE OF CITY OF FORT WALTON BEACH PROPOSED LAND DE- VOIRMENr CODE AMENDMENTS NOTICE OF CITY OF FORT WAL- TON BEACH. FLORIDA PROPOSED LAND DEVELOPMENT CODE NOTICE OF PUBLIC HEARING AMENDMENTS "' A' PUBUC r will be held on the 104- HEARING 1owing prop ordi- nance Tuesday, February CITY OF FORT WALTON BEACH, FLORIDA in Cour~ cii Chamber at Fort NOTICE OF PUBLIC HEARING Walton Beach City Hal, 107 Miracle Strip Park- Y; -$NI, at =wAid tkne A PUBLIC HEARING will be held on the following proposed ordinance at 6: 00 p 251 consider IMO law. The ord'r Tuesday, February 2014, in the Council Chamber at Fort Walton Beach City Ha in its entirety i Miracle Strip Parkway, SW, at which time the City Council will consider its adoption in ine amt , w,,,,,, t"'`b o Tice of the The ordinance in its entirety may be inspected online at www.fwb.or_g or at the Office of tl hours. All Clerk during regular working hours. All interested parties may appear at the meeting i I work re li„ heard with respect to this proposed ordinance. hear pact to the proposed Ordinance. ORDINANCE im ORDINANCE 1888 AN ORDINIu E OF THE CITY COUNCIL Of FORT' BEACH, AMENDING AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON CHAPTER 4, DVEL- DEVEL- BEACH, AMENDING