Ordinance 85-693I— contribute —d and .—t— for wildlife i. the urban
..d —b.ibt. .—it,—,hl; and
Trees are an invaluabl psychological —.-Ip—t I. the
—blh and —bllb— --g, camouflaging harsh scenery
and unsightly —Y—., ..d softening the oativne of masonry,
.-1, andglass: ..d
-1— d-- the 1.1— Of P—P.1ty ..d are valuable property
i—t, that can off.- an area economically, beautifying IN. I.hd
..d breaking the monotony Of endless sidewalks and miles of highway
and sY reel s, and
benefits to existing property owners
ih the surrounding area,i— -- stability and the value 1
.f i.,.—O ..d .—p--d —1 property, ..d -- increased
—f— drainage and soil erosion i.g i—..—d public —1,
The City Commission
finds
it it ih the
_t P.N_ interest
— —If.— t, .—I regnlat ions —t-1-9 he removal of trees
in this city so as to retain as many tt.— as Elt.ilhl., consistent
with the economic enjoyment of E—.- P—p—,
SECTION 2: Definitions.
As d in 1— Ordinance, the following terms shall have
the meanings as indicated I—:
(a) Buildable area. That E—i— of a site within the yard
area on which a structure or p vements, i..I.d,.g driveways
and parking —, .,y be --d.
(b) Building Official. The Building Official for the City
of Longwood, or his designee, or anyone acting under his direction
and approval.
(c7 Developed. That point in time when the building and
—h have received final inspections ..d certificates of .—p—,
are i—d.
(d) Dlip Ii— The vertical line running lh—gh the
outermos p rtion of the lice crown extending to lb. ground.
Single-family lot. area If .., I—g— than five
(5) acres i. —, developed for and ---d t., bsingle-family
M Tree. A, living —f—PPI'li, Ei—b—1 plant which
has a trunk diameter If at least three (2) i..h.I It —, and
--If (4 1/2) — above 91—d 1-1 and . 1-1 t—, height
If fifteen (15) feet as a
(g) Trees planted for b.1-1. All trees which hbeen
-
pl.b-d, ., —11 be planted, with the b,li fide i--- it
the time If said planting t. ---Ily h.11-1 said —1.1 iN
the f.I.— Said trees —11 --, by way If illustration
and not limitation, Christmas t—, P.Id and saw timber.
(b) Yard area. A. open IS— I. the ... Ilt with t
building, said — being unoccupied and ----d from the
ground —S, with the .—Pti— If t1bil and It— natural
SECTION 3: Scope.
The I-- and provisions If tbis Ordinance —11 apply t.
all — property, p—, and private, --t exception, lying
within the municipal b—d—l— If the City.
SECTION 4: Pj, Required.
N, p—.. —11, di ... tly, or indirectly, — d—, destroy,
or move, Or effectively destroy through damaging, or
—b-- the I.tti.9 d—, destroying, —I—g, or moving,
or damaging Of any li—S t,.tb --- On property within the
—Y without I permit having first been obtained.
SECTION 5: Permit application and procedures.
The j, procedures —11 b. followed and —11 g.—C
the 91—ibq of all P-1i pursuant to this article:
(a) Application. P-11I for removal, relocation,
Or replacement If 1— ---d h-- —11 b.
IN,ii.i, by jNg pp cation ib . for pl—i— by the city
—i.— t. the following app—pli— public bodies.
(1) - the I— If a jidevelopment, the 1
-
application — (Pl Pit.) 11 .1-1 adtree
dress
removal and preservation. The Y commission 11 have final
authority over the IPPI.— or d—.1 If applications for permits
1b such i Staff I--- If the appropriateness If
the application will be ib—b.d in their recommendation to the
—Y commission, and . If the final pl.. 1
approval to i... the .1-1 p-1.
(2) In the .. If any --p1 which --es site
plan approval by the —d planning ag ... y or the —y commission
or both, P-i- for alteration, l, or
replacement If .. herein 11 be I—i— by l.—Y
addressing the regui ... at the time If site pl
Sff evaluation If the Ip—t of the application will
obtained by making " 1 to the —Y
(b) Submittals. All applications 11 be accompanied by
such permit — as 11, itom time t. time, be established by
duly adopted i.b of the city commission. Each application
£or a permit to alter, remove, relocate, or replace trees covered
h 11 b. accompanied by a written .tt indicating
the 1 for the requested action and two (2) -pi., of
1eqibl. site pl.n drawn to the largest pl—i-1. l.
and site ...., properly di- in reference
-
to y lines, setback, and yard r q rements vn spatial
1—ti.—P!
(2) 1 ch g if any, in site elevations,
majorand contours,
(3) Location of .--1 or 11,.—d utility services,
(4) Location and identification of trees (common
-
or b.—i—I —) —h are . minimum If three (3) i—h.s in
di--, ---d tour and ...-h.11 (1 1/1) 1— -.11 the ground
on the site wit— thirty (10) Illt of the b.ild.— area,
designating the trees 11 be ---d, 11-1d, 11--d, relocated,
or replaced. S-1.1 trees to b. retained may also b. .— by
the applicant to --t the city in ---itg replacement
requirements. Groups of trees in c1— proximity ..y be
'd.... t— --' with
the estimated number and lype f tl... .—d. Only those trees
to be removed, relocated, or —pl—d —t be named (common or
botanical name) on the site plan;
(5) T— information —i—d above —11 be summarized
rn legible f.— on the plan and —11 include the -- for the
proposed
W Applications involving developed properties may
be based on drawings show g—my chat portion of the site directly
involved and adjacent --.— and landscaping on natural growth
i--- t— ... ! and
(7) For t— that are t. b. .—d or retained, each
application -- --i. . statement of Tow these t— 1"..
It, t, b. pllt—t.d d.—S construct von and landscape operations.
(t) Application review. Up— receipt of P—p—
tl. —y i—t —11 review said application, which may include
—ld check of the site and referral of the applicatfor
ion
recommendations — other appropriate administrative d.,---
or g—i— Applicants —11 -Ply the —.111Y quantities
of approved fl.ggi, co identify all tl— that are t. —i..
SECTION 6: eermits for removal.
(a) Issuance. No —it shall be issued for t— --1
unless one (1) of the following conditions ---
(1) The t— i. located in a buildable area, yard
I. placed and for —h I permit application has been filed, and 4%
I. —id., the —.d. If the intended use If the p1b,—Y together
with a realistic evaluation If the
(1) Existing tcee coverage, tfie extent and type If
evergreen and deciduous foilage;
(2) N.—I If trees to be removed on the enia re
(31 Area to be covered with strut ores, parking, and
(4) lIpIIhy and d—i—q. If the site and i-
(5) Character of t1b site and it,
(6) Ecology If the site, and
(7) Cbt.—ti— and --t of shrubs, 91.., and
t.... ,.—d for planting on the site by the
(I) Permit form. —ill —1 be issued in such form as
..y be prescribed by tfie city and ..y Iet forth in detail the
conditions upon wfi ich tTe p.l.it is -d. One (1) permit ..y
cover several t— or g—, If trees as 1I, as the — can
be clearly identified thereon; p —d.d, h— no permit ..y
be issued for more 11— one (1) 1-11 or area of 1— --
-id p or . If —d —11 be .—tig.l.. to one another.
SECTION 7: Exceptions and —-—-
IS the —bl that any — —N—g- health or --y
and —,i— immediate 1--1 —hb- delay, such as, but not
limited t., the cutting If emergency fire -..s by firefighting
.bit, —1— authorization may b. given to the —y engineer
and the — —O—d without bb—Ii, a written Ojt as herein
,,,.i,.d. Such --1 authorization —11 1.— be confirmed
in writing by the city engineer.
Th. --i, IYE— of I— I —I .. --NI 11the
—
tb— and p visions If this ---
(2) C.jt t'.. le —d.bd—);
(3) Oil— t... (C-- pp.), (4 or less per p reel);
(4) Chinaberry (M—. .,.d.1.1h);
Containerized trees and b.1-1y stock trees 91.1
for resale.
I. the 1— If emergencies such .s hurricane, windstorm,
flood, I—, or It— d1l.—I., the requirements If this article
may b. --d by the —y administrator. Al the earliest possible
--bg If the city commission, the city adminvscratoc .—I —
forth in detail chose findings establishing that such —i—, is
necessary .. that public or private — to I-1— I-1 I. the
—y will not b. i-d— Said -- —Ot S. for E, time certain
and may not be for an indefinite period.
(d) Pruning If t at a 11 at I— three (3) inches
above the g1b.bb will not be considered to b. an alteration
for —h a permit will b. r.q.i,,d.
SECTION 8: The city official may I—d— periodic inspections
If the site -f— work begins and N.—g clearing, con�Yruct ion
and phases If development in —b— to ensure
coli.— with these regulations and the i-- If t—
SECTION 9: Regulation of ut ilites.
..y electric, N-1, -Ilph— or other public
utility firm or corporation wishes t. —.d, --ib or --tb
service such that any — on any — or t-11 -11 be removed,
In all cases --- this article shall requreplacement
ire
.f any -- 1-1.d, ..id replacement —11 be ..- with
replacement stock Replacement s— is hereby defined as any
immature tree, bt-, than palm t—, with a —i— diameter
of two (2) i—b— at 9--d I— ION have a —ght of at least
four (4) feet. E.—i—1 Of —pl., ... t stock —1 b. guaranteed
until said replacement s— —I — the definition of a I —
as —i—d in —W. C of this
SECTION 11: R.—A—A replacement stock.
The following I— --t sp—i.. are ..gg..I.d and
were —1— from the —i- of hardiness, di—. and pest
resistance, avavlabil.i.ty, —d size —i—y. it 1s not — I. —I
to limit .—P-- species, ....Pt as —t forth lb --i— 12,
but —tb— t. provide —q.— guidelines in the selection of
replacements. All replacement tree p—i— ..St be approved in
advance by the city engineer, except for the f.1—i.9 t— Ibilh
.,y b. used as replacement --k —h— prior
(a) Loquat (Eriobot rya japonica);
Sycamore
� k
Cy, IT—dl—
E-71.`h
(s) ush (Cal list emon spp.)
(t) Podoce pus (Podocarpus species);
(u) Cherry L 1 (erunus c na);
t�) soncheroaaea cedar (Janaper�sisilicioola);
(w) e myr<le (Lageratroemia inaiea);
(x) k Cherry (Prunus s aa);
(y) nese Tallow T e (-pi— s bier—);
(z) Pl oweri ng Dogwood (Corms florida);
(aa) Redbud (Cercis c nadensis );
(bb) C ickasaw Plum (Prunus ang ustifolia);
(cc) Jerusalem Thorn (Parkinsonia acule aid):
(dd) Eucalyptus T relliana (Eucalyptus [ rel liana);
(ee) S amp Tupelo (Nyssa s a bif lord);
(f£) Coast Pignut Hickory (Caryacg lab ra megacarpa);
(gg) Pecan (Carya illi noensis7;
(hh) Weeping Willow (Sa lix spp.I;
(ii) F inge T e (Chionanth—
(jj) Oak (quercus species);
(kk) L lly Bay (Gordonia 1 us);
(11) Silvez Dollar T e (Fuca lyptushc
(mm) FSor.ida Dogwood (Cornea florida)ine
(nn7 Monkey P zzle Tree (Araucaria bibwillii ):
(oo) Glossy P t (Ligustrum luci.um):
(pp7 S Viburnum (Viburnum odo rat i selnm);
(qq) ..qi (doca rpus (Yodocarpus marcrophylla ); and
(ir) Nagi (POdocarpus nagi);
(ss) T abe o£ Gold (Tbvia ; lard);
(tt) Winged Elm (.— a t)
abu
(uv) Drake elm (Dimes sempery liens).
SECTION 12: Hestrrcted replacement stock.
The following trees may not roe used as p cement stock
(a) Appeal of staff decision. Any person aggrieved by the
decision of the city in tfie enforcement or ant p ration of this
article, may appeal such decision to the Board of Adjustment If
the City If Longwood, Florida, within thirty (30) days from said
decision. The Board of Adjustment by majority vote, may affirm,
reverse, or modify the decision If the city official.
(b) Appeal. of Board of Adjustment decision. Deczsvons
of the Board of Adjustment may be appealed to the circuit co-
-thin thirty (30) days from the date of said decision, for review
by certiorori, and not trial de novo. Such appeal to the circuit
court shall be restricted to the record before the Board of
Adjustment, or, if the City Commission concurs with the decision
If the Land Planning Agency, the record to be reviewed shall `
be that of the hearing before both the Land Planning Agency and
the City Commission.
SECTION 14: Penalties for violations.
No building permits shall be issued on lands where violations
of this article are det ermined to exist, until such time as
appropriate remedial action is agreed to by the City and completed
by lbe owner or developer of the Sand. A certificate of occupancy
shall not be issued for a y onstruct ion until all applicable
remedies have been accomplished. Failure to obtain a permit prior
to commencement of work shall result in the donbling of th p rmat
fee and appropriate remedial action may incinde, but is not limited
to the doubling o£ the landscaping tree quarement, the placement
If up to twenty -foot high stock and/or a two -for -one replacement
ratio. Additional violations of this ordinance m y p rshable
as provided for in sec. 1-10 0£ the Code of the City If Longwood,
Florida.
SECTION 15r Conflicts. A11 ordinances or parts thereof
in conflict herewith, be and the same are hereby repealed.
SECTION 16: Se —ability. Should any section, paragraph,
clause, sentence, item, phrase, word, or provision of this
ordinance be declared invalid by a court of competent
jurisdiction, such decision sha11 not affect the validity of
this ordinance as a whole or any part hereof, not so declared
to be invalid.
SECTION 17: Effective date. This ordinance shall be
effective immediately upon its final passage and adoption by
the City Commission of the City of Longwood, Florida.
FIRST READING;/9� 5
SECOND READING: T�
PASSED AND ADOPTED THIS Z DAYOF1985
V y ofoF LOna
Cly
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