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Ordinance 75-21 3 796 ORDINA2~CE NO. 75- 9.1 AN ORDINANCE REPEALING ORDINANCE NO. 73-23; TO PROTECT CERTAIN TREES WITHIN COLLIER COUNTY; REQUIRIMG A PEPJ4IT PRIOR TO REMOVAL OF PROTECTED TREES AS DEFINED HEREIN; PRO- VIDING FOR EXCEPTIONS AND APPEALS, ESTAB- LISHING PENALTIES; PROVIDING FOR SEVERA- BILITY; PROVIDING ;u~ EFFECTIVE DATE. WHEREAS, trees serve the essential function of converting carbon dioxide into oxygen for sustaining human and animal life, and ~{EREAS, trees are a positive physical and psychological factor making urban life more comfortable by providing shade, cooling the air, and reducing noise levels and glare, by breaking the monotony of man's development of the land and providing varied environmental amenities, and WHEREAS, tree protection results in use of trees for landscape purposes and effectively protects and conserves property values, and WHEREAS, the Board of County Commissioners of Collier County, Florida, has determined that protection of trees within Collier County is desirable and essential to the health, welfare, and general well-being of residents and visitors and the maintenance of property values to the present and future owners, and ~EP~AS, coastal mangrove trees serve to ameliorate the destructive effects of hurricane storm surge, , NOW THEREFORE, BE IT ORDAINED BY THE BOARD CO~.~ISSIONERS OF COLLIER COUNTY, FLORIDA: SECTIO ONe: Ordinance No. 73-23 is hereby repealed. SECTIOn; TWO: 1. ~urpose and Intent: The purpose of this Ordinance is to protect trees within Collier County, to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise and to maintain property, esthetic and health values within Collier County. The intent of the Ordinance is to protect the maximum number of trees, particularly the Cypress (Taxodlum sp~.), Slash Pine (Pinus elliotti), and mangrove, for which Collier County is recognized and in danger of losing. The intent is not punitive, or to cause hardship to any person using reasonable care and diligence to protect trees. 2. Definitions: A. Protected Tree: (1) Any self-supporting perennial plant which has a trunk dismeter of at least four (4") inches in diameter measured at a height of four (4') feet above the natural grade and having'a discernible crown, palm or confluent branches or foliage toward the upper portion. (2) Coastal Red mangrove (Rhizophora mangle) and Coastal Black mangrove (Avicennia ~erminans); seaward of the salinity line. (3) Specimen Tree which has been determined by the county to be of high value because of its type, size, age, historical significance, or other cause, and has been so designated by the Board of County Commissioners after public hearing with notice provided to the owner of such tree by certified mail. Such designation shall be recorded in the official records of the Clerk of the Circuit Court and all recording fees shall be paid by the County. B. Commercial Nursery, Tree Farm or a Botanical Garden: An occupational licensed plant or tree nursery or farm in relation to those trees planted and/or growing on the premises of said licensee, which are so planted and growing for sale or intended for sale to the general public in the ordinary course of said licensee's business. C. County: The Collier County Board of Commissioners. D. Director: The Director of Community Development, or such person as he shall designate to act in his stead. 3. Protected Trees and Specimen Trees - permit required to Remove: It shall be unlawful for any person, organization, society or association, except as hereinafter exempted, to remove or cause to be removed a protected tree as herein defined without first obtaining from the Director a permit for such removal. Permit Procedure: A. Application for a permit to remove any protected tree shall be submitted to the Director of Community Development in writlJ~g ct a form provided by the Director. B. No application for a permit to remove any protected trees shall be accepted or otherwise considered by the Director until all of the County, State or Federal . requirements, regulations, ordinances, have been met, including but not limited to Special Treatment "ST" review, Environmental Impact Statement, Development of Regional Impact Review, U.S. Corps of Engineers permits and State of Florida Department of Pollution Control permits, or other'applicable state agency reviews or permits. In additYon, the application shall include the following minimum information: (1) An over-all site plan including the approximate shape and dimension of the lot or parcel of land, together with existing and proposed driveways, structures and improvements. (2) The approximate location of all protected trees, as defined herein, which trees shall be identified as to type and species. Large stands of trees such as a Cypress head or pine grove may be shown as a collective tree grouping along with an approximate number of individual protected trees contained in the tree stand. (3) The designation of all protected trees which are to be removed. (4) A statement of the reasons such permit is desired. (5) A statement of the method to be used to designate those trees to be removed and the method to be used to designate and protect those trees that are not to be removed. Criteria for Removal of Protected Trees: The Director shall approve an application to remove protected trees if one or more of the following conditions is prasent with due consideration to minimizing damage to protected trees: (1) The protected tree is a safety hazard to pedestrian or vehicular traffic, public service, utilities, or to an existing building; (2) A protected tree is weakened by age, storm, fire or other injury; (3) The parcel of land will not adequately support the present number of protected trees in a healthy condition as determined by good forestry practice; (4) It is necessary to remove protected trees: (a) To locate a proposed structur~ and the required off-street parking on a site for which a building permit has been issued. (b) For necessary access by construction equipment to the aforementioned building site and the proposed structure; (c) To Frovide reasonable ingress and egress to the property based upon considerations of the actual or projected use of the property. (5) Essential. grade changes, surface water drainage or utility installations, when done in conjunction with plans reviewed and approved by the appropriate city, county, state or federal governmental agency. (6) TO comply with other Codes including zoning, subdivision regulations, health provisions, and other environmental ordinances. (7) The applicant plants trees replacing t~cse protected trees removed and the replacement of trees is done according to a plan approved by the County. Replacement trees shall not be of undesirable species as described in Paragraph 7.A. D. On-Site Inspection: The Director may conduct an on-site inspection to determine if such removal conforms to the requirements of this Ordinance and what effect if any, the removal of said trees will have upon the drainage, topography, and natural resources of the affected area prior to the granting or denying of said application. E. Denial of Permit: In the event an application is denied by the Director, the reason(s) shall be noted on the application form and the applicant shall be notified accordingly. 5. Permit Fees: Application for a protected tree(s) removal permit filed with the County shall be accompanied by a non- refundable fcc of five ($5.00) dollars for the first acre or fraction thereof and five ($5.00) dollars for each additional acre or fraction of an acre thereafter up to a maximtun fee of five hundred ($500.00) dollars. Such fees are hereby declared to be necessary for the purpose of processing the application and making the necessary inspections for administration and enforcement of this Ordinance. 6. Issuance of Permit: A. Based upon the information contained in the application, the Director shall approve or deny the application and if approved shall issue the permit ~or a period not to exceed six (6) months. The Director may attach reasonable conditions to the permit relative to the method of desig- nating and protecting those trees which are not to be BOOK removed. A violation of these conditions shall operate to revoke the permit. B. Expired permits may be renewed subject to all reg- ulations in effect at the time of the rene%~al. Exceptions: A. No permit shall be required to remove the following trees: 1.) Australian Pine (Casuarina s~.) 2.) Punk (Melaleuca leucadendron) 3.) Srazilian Pepper or F~o~ida 'Holly (Schinus terebinthifolia) B. No permit shall be required for the removal of pro- tected trees on a parcel of land zoned for single family residential use or being used as a legal non-conforming single family residence where the following conditions are applicable: 1. The residence or proposed residence is located on a lot within a recorded subdivision or on a parcel of land not more than 2-1/4 acres in area; 2. In the case of a lot upon which a residence is already constructed, such removal is being done by the owner-occupant of the residence, or the renter or lessee with the owner's permission; 3. In the case of a lot upon which a residence has not been constructed, such removal is done pursuant to, and after the issuance of, a building permit for the construction of a residence upon the lot or parcel. C. No permit shall be required for the removal of protected trees other than a specimen tree on a parcel of land zoned for or being used for bona fide agricultural purposes to include wood pulping and the transplanting trees for land- scaping. Provided, however, that in order to qualify for this exception, the owner or his agent shall file a Notice of Commencement with the Director prior to the removal of the protected trees. No rezoning petition shall be granted, nor shall any subdivision plat be approved or i 1619 building permit issued for a p~riod of three (3) years after the filing of the Notice of Commencement. Such "Notice of Commencement" shall be in writing on a form provided by the Director. D. No permit shall be required for the removal of protected trees other than a specimen tree when the tree removal application and protection plans have been reviewed as part of a P.U.D., subdivision, or other development application and approved by the County. E. No permit shall be required for the removal of protected trees other than a specimen tree grown on the premises of a licensed plant or tree nursery or tree farm where such trees are intended for sale in the ordinary course of the licensee's business. F. No permit or notice shall be required for the removal of protected trees which have been destroyed, or damaged beyond saving or which are a hazard as the result of an Act of God and constitute an immediate peril to life and property; such trees other than a specimen tree which do not constitute immediate peril to life or property may be removed provided the County is notified of such intent two (2) business days prior to such removal and the County makes no objection within said two (2) days time period. G. No permit shall be required for the removal of protected trees other than a specimen tree by a Communication Utility, Electrical Utility or Federal, State, or County agency, Engineer or Surveyor, working under a contract with such Federal, State or County'agency, where such tree removal is done as a maintenance or governmental function of such agency. H. No permit shall be required for the removal of a protected tree other than a specimen tree by a Florida Registered Engineer or Florida Licensed Land Surveyor in the performance of his duties, provided such removal is for individual trees. The removal of protected tre~s in a manner which requires clearing a swath of greater than three (S') feet in width shall require approva~ of the Director prior to such removal and clearance. I. Removal of Dead Trees: A permit shall not be required for the removal of dead trees, however, the prior approval of the Director shall be obtained. Such prior approval shall not he required for persons of £irms currently licensed in Collier County to do business as Tree Mover, Tree Service, Tree Surgeon, Landscaping and Sodding or a pro£ession~l Landscape Architect so long as such removals are perf¢~med as part of their service to the consumer. ~pproval of the Director is required for the removal of a dead specimen flo Disposal of Diseased Trees: Trees determined by the Director to be diseased or to endanger contamination of oaher 5tees, ~hall be removed and disposed of on an emergency basis, as the circumstances require. "Lethal Yellowing" coconut palm virus shall he considered such an emergency ~ype tree infection or disease. 9. Appeal from Enforcement of Tree Removal Regulations: Any 'person who feels aggrieved by the application of this Ordinance, may file, within, five (5) days after said grievance, a petition with the Director, to have his case reviewed and acted upon by the Collier County Board of County Commissioners. SECTION THREE: Penalty: Any person violating any provision of this Ordinance, or the conditions Of a permit issued hereunder, shall upon conviction be punished according to law. In imposing sentencing the Court may, in mitigation, consider the sucessful replacement of trees illegally removed. Each act of removing a tree shall be a separate offense. In addition to or in lieu of the penalties provided by general law for violation of Ordinances, the Board of County Commissioners may bring injunctive action to enjoin the removal of trees in violation of this Ordinance. SECTION FOUR: Severability: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent proviBion and such holding shall not affect the validity of the remaining portion hereof. Effective Date: This Ordinance shall take effect upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ,~7~ day of ~;dL~- , 1975 ATTEST: B0~ OF COUNTY COmmISSIONERS ~ of Circuit Court Thomas P. Archer, Chai~an app~ed ~/~avid E~sOff'Brune~ ~'-~-~Co]lier County Attorney