ORDINANCE
NO. 2001-03
AN ORDINANCE TO CLARIFY AND AMEND EXISTING CODE PERTAINING TO TREE PROTECTION AND TREE MAINTENANCE IN THE TOWN OF SHALIMAR, FL.
Whereas, the protection of trees
and the replacement of trees which it may be necessary from time to time to
remove are a vital public interest, and
Whereas, the Town of Shalimar seeks
to encourage development, but to do so with minimum sacrifice of existing trees
and green areas, and
Whereas, the Landscaping Ordinance
of the Town of Shalimar is an important element in the Development Codes of the
Town, which, taken together are intended to protect and enhance the public
health and welfare,
NOW THEREFORE,
it is ordained by the Commission of the Town of Shalimar that the following changes and additions are made to the Shalimar Code
of Ordinances, Subpart B, Land Development Code.
Chapter 54 GENERAL
PROVISIONS
Sec. 54-1.
Definitions.
Current
definition of protected tree:
“Protected tree means any tree that has a
diameter at breast height of more than eight inches, and which is not otherwise
exempted from this land development code.”
Change definition to read:
Protected tree means any tree listed in
Chapter 82, Section 82-294, having a trunk with a diameter of more than eight
inches at a height of 54" above existing grade, and not otherwise exempted
from this land development code.
Add
the following definitions to Sec 54-1:
Crown means the main point of
branching or foliage of a tree or the upper portion of a tree.
Landscaping material means living material,
including but not limited to trees, shrubs, vines, lawn grass, ground cover,
landscape water features and nonliving durable material commonly used in
landscaping, including but not limited to polypropylene and jute mesh, brick
pavers and earthen mounds, but excluding impervious surfaces for vehicular
use. Fifty percent of all ground cover
shall be living.
Parking lot means a paved area or plot of land used for the
storage or parking of vehicles.
Right-of-way means a dedicated area
identified on the plat of the town, county or state wherein a street, highway,
thoroughfare, parkway, road, avenue, alley or other vehicular use facility is
constructed for public use.
Tree means any self-supporting woody plant, which normally grows to any
overall height of at least 15 feet.
Tree removal means any act which causes a tree to die within a
period of two years, including but not limited to: cutting, inflicting damage
upon a root system by machinery, storage of materials, or soil compaction,
changing of the natural grade above or below a root system or around a trunk,
inflicting damage on a tree, permitting infection or pest infestation,
excessive pruning, or paving with concrete, asphalt or other impervious
material so as to be harmful to a tree.
Chapter 82 Zoning and Land
Use Regulations, Article X, Landscape
Section 82 – 288. Front
perimeter landscape.
Sec.
82-288 currently reads:
“A minimum ten-foot wide strip of land abutting the
right-of-way shall be landscaped. Width of sidewalks shall not be included
within the ten-foot wide front setback perimeter landscape area.
(1)
Material requirements. Material
requirements are as follows:
a.
Tree count. The total tree count requirement within the front setback perimeter
landscape area shall be determined by using a ratio of one tree for each 30
linear feet of lot frontage, or major portion thereof, with 75 percent of such
trees being indigenous trees.
b.
Surface cover. The remainder of the front perimeter landscape shall be landscaped
with grass, ground cover, shrubs, hedges, and other landscaping treatment or
native plants, excluding paving.
(2)
Use of front perimeter landscape. Use of front perimeter landscape shall
be as follows:
a. Overhang areas. Vehicles may overhang no more than two feet into perimeter
landscape areas. The overhang area shall not be included as part of the
landscape requirement.
b.
Fencing. Fencing shall not be forward of the required front yard building
setback line.
c. Accessways. All accessways through the perimeter
landscape areas shall meet the following aisle width maximum and separation
minimums: 15 foot one-way drives, no less than 20 feet apart, and 24-foot
two-way drives, no less than 20 feet apart, except as otherwise required by the
State Department of Transportation.
Common ingress and egress to parking areas owned by adjacent land owners are
permitted. Such common entryways to parking areas will be treated as a single
parking area and must meet all requirements of this Land Development Code. Such common entries will only be permitted if
there is a written agreement among the owners of the parking areas, which is acceptable
to the town, and a copy of the agreement is filed with the Town Clerk. Such agreement shall be created in
perpetuity, by written instrument in a form recordable in the public records of
the county and be an irrevocable covenant running with the land, with authority
vested in the town to enforce the covenant.”
Add new sub paragraph c.
to (1) Material requirements:
c. Trees and other landscaping required in the
perimeter area shall be maintained to ensure unobstructed visibility between
three and nine feet above the average grade of the adjacent street and the
driveway intersections through the perimeter strip.
Section 82 - 293 Landscape
development standards.
Sec.
82-293 currently reads:
“To ensure the attainment of the objectives of this
land development code, the design and installation of required landscaping
shall be consistent with the following standards, unless it can be demonstrated
that alternative design and installation plans will meet the objectives of this
land development code. The landscape development standards contained in this
section shall apply whenever a landscape plan is required.
(1) Installation. All landscaping shall be
installed in a sound, workmanlike manner and according to accepted good
planting practice with the quality of plant materials as described in this
section. All elements of landscaping, not including plant material, except
hedges, shall be installed so as to meet all the provisions of this land
development code.
(2) Visibility at intersections in all
districts. At any street intersection, no plant, tree, shrubbery or any other
obstruction shall be allowed to grow in a manner which would impede or restrict
the vision of pedestrians or vehicle operators to oncoming traffic.
(3) Preservation and restoration. The number
of reforestation trees required on any developed area shall be determined by
using the ratio of one tree for each one-tenth of an acre. Credit shall be
received on the reforestation requirement of this section by preserving
existing trees. Trees required for reforestation are in addition to other
required trees within this land development code. No credit will be given for
nonindigenous trees.
a. Exclusive of the principal structure
area, no protected tree may be removed except as provided in this land
development code.
b. The reforestation requirements shall be
credited for existing trees at the following rates:
*Diameter
of Tree Number of Trees Credited
Trunk of
Existing Tree
20--24
inches 5
13--19
inches 4
7--12
inches 3
2-- 6
inches 2
*Measured at a height of 54 inches above the
natural grade.
c.
Fifty percent of the area within the dripline of preserved trees which
are eligible for credit pursuant to this section shall be maintained in either
vegetative landscape material or pervious cover.
(4) Tree protection. Tree protection shall be
carried out as follows:
a.
During development activity, preserved trees shall be protected from
activities which may injure or kill them. Tree protection techniques found in
the Tree Protection Manual for Builders and Developers, Florida Department of
Agriculture and Consumer Services, Division of Forestry, or equivalent
techniques shall be used.
b.
Exclusive of the principal structure area, when a protected tree must be
removed or relocated, an indigenous tree shall be used to replace it. No
protected tree may be removed or relocated without a removal permit as provided
in this section.
(5) Plant
material standards. Plant material standards shall be as follows:
a. Quality. Unless otherwise provided in this section, plant
material as described in Grades and Standards for Nursery Plants, 1963, Part I and
Part II, State of Florida, Department of Agriculture, Tallahassee, shall be
credited on the landscape development requirements of this land development
code.
b.
Native vegetation. To receive credit, the applicant shall utilize a
minimum of 75 percent plant material native to the Northwest Florida area in
meeting these landscaping requirements. Portions of a development left in the
natural state shall be credited in meeting these landscaping requirements.
c. Shrubs and hedges. Shrubs shall be a minimum of 12 inches in
height when measured immediately after planting.
d. Trees. Trees shall be subject to the following:
1. Size. Trees shall have a minimum height
of six feet at time of planting. Trees having an average mature spread of crown
less than 20 feet may be arranged in groupings so as to create the equivalent
of a 20-foot crown spread.
2. Tree planting area. The planting area for
each tree shall be a minimum of 100 square feet with a minimum width of five
feet around the trunk of the tree and shall be maintained in either vegetative
landscape material or pervious surface cover.
3.
Trees causing root damage. Trees of species whose roots are known to cause
damage to public roadways or other public works shall not be planted closer than
12 feet to such public works, except willow trees shall be no closer than 50
feet to those public works.
e. Vines, ground cover, lawn grasses, synthetic plant material
and architectural planters. Vines, ground cover, lawn grasses, synthetic plant
material and architectural planters shall
be subject to the following:
1. Lawn grasses. Lawn grasses shall be
subject to the following:
i. Lawn grasses and ground cover, vines
planted for credit on the landscaping requirements, shall be perennial species
capable of thriving in the county.
ii. Grasses may be sodded, sprigged, plugged
or seeded except that solid sod shall be
used in swales or other areas subject to erosion.
2. Synthetic plant material. No credit shall
be granted for use of artificial plant material.
3. Above grade planters. No credit shall be
granted for use of above grade planters.
4. Indigenous endangered plants. Endangered
plants shall be protected under the provisions of applicable federal and state laws.”
Add
text to end of opening paragraph, Section 82-293:
A landscape
plan shall be required as a condition of obtaining any building permit for all
single-family, townhouse, multifamily and commercial construction within the
town as outlined in Section II. The
landscape plan shall be submitted along with the plat, building construction
plans, and specifications for the Town’s review and approval. All landscape
materials and trees depicted on the approved landscape plan shall be installed
within one year of the date of the issuance of the building permit for the site.
Renumber existing items (1) through (5) as: (2), (3), (4), (5), and (6)
Add new number (1)
(1) The landscape plan shall
include the following information:
a. Location by species and
size of all trees, shrubs, and landscape material to be retained or placed on
the site.
b. Location of proposed
structures, driveways, parking areas and other improvements to be constructed or installed.
c. Location of the irrigation
system to be provided, if any, or manual outlet for watering.
d. Landscape and tree
protection techniques proposed to prevent damage to vegetation during
construction and after construction is completed.
Add the following text
to the beginning of new paragraph (4) Preservation and restoration [previously (3)]:
Where a proposed site plan cannot be designed to
accommodate existing protected trees on the site, a permit shall be required to
remove any such protected tree as specified in section 82-294. Where practical, when proposed improvements
necessitate removal of protected trees; the trees shall be relocated on the
site in the required perimeter or interior landscaped areas. If the relocation of the trees is impractical,
the owner or his agent shall reforest with a protected tree species.
Renumber Section 82-294 Violation
and enforcement, as Section 82-295.
Renumber Section 82-295 Penalties
for violation, as Section 82-296.
Renumber Section 82-296 – 82-315
Reserved, as Section 82-297 – 82-315.
Add the following new Section
82-294 Maintenance of existing trees.
The provisions of this article
shall be applicable to all zoning districts of the town.
(1) Pruning or damaging trees in right-of-way. No person or agency shall cut, remove, trim,
or in any way damage any protected tree in any street right-of-way or create
any condition injurious to any such tree without first obtaining a permit.
a. An annual permit may be issued to
public utility companies exempting them from the provisions of this subsection
concerning tree preservation. In the
event of flagrant or repeated disregard for the intent and purpose of this
article, the permit may be revoked. The
offender will be provided a written notice stating the reason for the revocation.
b. In no case shall the utility company be
permitted to prune more than 30 percent of the existing tree canopy.
(2) Canopy tree
protection zones. All lands within ten feet of the right-of-way of the
following described roads are hereby declared to be canopy tree protection
zones. No person shall cut, remove, trim or in any way damage any protected
tree in any canopy tree protection zone or create any condition injurious to
any such tree without first obtaining a permit, except as provided for in this
section. The exemption for utility companies in subsection (a) above shall also
apply to the canopy tree protection zone. Private property owners shall be
exempt from this subsection for normal pruning activities, with the condition
that such pruning shall not remove more than 30 percent of the existing tree
material.
a. Eglin Parkway
b. Shalimar Drive
c. Plew Avenue
d. Sunset Bay Drive
e. Palm Shores Drive
f. Clifford Drive
g. Gardner Drive
h. Cherokee Road
i. Cherokee Park
(3) Tree Removal Permit. Unless exempt from the provisions of this
article, no person shall cut, remove, trim or in any way damage any protected
tree without first obtaining a permit.
In addition to the information required for the permit, a written
statement shall be included noting the reason why tree removal is requested.
a. Inspection of site. Prior
to the issuance of a tree removal permit, an on-site inspection must be
conducted by a town administrative official.
b. Conditions for approval. A
permit may be approved and issued by a town administrative official in lieu of
the planning and zoning committee or Town Commission approval if one or more of
the following conditions is present:
1. Safety
hazard. Necessity to remove trees
which pose a safety hazard to pedestrians or vehicular traffic or threaten to
cause a disruption of public services, or which pose a safety hazard to person
or buildings.
2. Diseased
or weakened trees. Necessity to
remove diseased trees, or trees weakened by age, storm, fire or other injury.
3. Good
forestry practices. Necessity to
observe good forestry practices.
4. Necessity
to remove trees in order to construct proposed improvements as a result of:
(a). Need for
access immediately around the proposed structure for construction equipment.
(b). Need for
access to the building site for construction equipment.
(c). Essential
grade changes.
(d). Surface water
drainage and utility installations.
(e). Location of
driveways, structures, or other permanent improvements.
5. Necessity
for compliance with other town codes, e.g., building regulations,
health provisions, zoning regulations, etc.
c. Issuance or denial. If an application is
not within the town administrator’s authority according to the above, or is denied by the administrative
official, permitting may be pursued by filing a request for variance to be
reviewed by the Planning and Zoning Board.
The Planning and Zoning Board will be provided with written
documentation by the administrative official to explain reasons for a permit
denial.
(4) Protected Tree List. The following species are
defined as protected trees for this land development code.
Name of Tree Scientific
Name
Dogwood Cornus
florida
Redbud Cercis
canadensis
American holly Ilex opaca
Southern magnolia Magnolia
grandiflora
Eastern red cedar Juniperus
virginiana
Southern red cedar Juniperus
silicicola
Live oak Quercus
virginiana
Laurel oak Quercus
laurifolia
Sweet gum Liquidambar
styaciflua
Sycamore Platanus
occidentalis
Pecan Carga
illinoensis
Water oak Quercus
nigra
Red maple Acer
rubrum
(5) In
addition to the trees identified in the protected tree list, the following
trees may be planted to meet the minimum tree replanting requirements:
Name of Tree Scientific
Name
Dahoon holly Ilex
cassine
Fringe tree Chionanthus
virginicus
Ashe's magnolia Magnolia
ashei
Red bay Persea
palustris
Smooth red bay Persea
borbonia
Sassafras Sassafras
variifollium
Yaupon Ilex
vomitoria
Wild olive Osmanthus
americana
Scrubby post oak Quercus
margaretta
Wild crabapple Malus
angustifolia
Hop hornbeam Ostyra
virginiana
Wax myrtle Myrica
cerifera
Crepe myrtle Lagerstroemia
indica
Cherry laurel Prunus
caroliniana
Large-leafed magnolia Magnolia
macrophylla
Hornbeam Carpinus
caroliniana
River birch Betula
nigra
Florida maple Acer
banbatum floridanum
Sweetbay Magnolia
virginiana
Tulip tree Liriodendron
tulipifera
Willow tree Quercus
phellos
Sour gum Nyssa
sylvatica
Southern red oak Quercus
fulcata
Shumard's red oak Quercus
shumardii
Hackberry Celtis
laevigata
White oak Quercus
alba
Bald cypress Taxodium
distichum
April 10, 2001 May
8, 2001
Date
of first Reading Date of
second Reading