codes for the operation of City business; and WHEREAS, the Bonita Springs City Council has determined that it is in

Transcription

1 FLORIDA; CREATING THE ADMINISTRATIVE CODE A RESOLUTION OF THE CITY OF BONITA SPRINGS, RESOLUTION NO U:City AttorneyAdministrative Codes13-14 Landscape Removal Delegation Program.docx Page 1 of 6 Date Filed With City Clerk: c&e -/3 Slachta Martin inkart Mcintosh Nelson Vote: APPROVED AS Sprii this 20th day of February, DULY AND ENACTED by the City Council of the City of Bonita 2. The Resolution shall take effect immediately upon adoption. Landscape Removal Delegation Program. hereto, and incorporated by reference herein by Exhibit A, is applicable for its 1. City Council declares that the procedures set forth herein, attached Bonita Springs, Lee County, Florida, that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of limited time frame. pilot program for the implementation of a Landscape Removal Delegation for a the best interests of residents to create an Administrative Code setting forth the WHEREAS, the Bonita Springs City Council has determined that it is in codes for the operation of City business; and WHEREAS, the Bonita Springs City Council, as the duly elected governing body for the City of Bonita Springs, has the authority to adopt administrative PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. CREATING THE LANDSCAPE REMOVAL DELEGATION CITY OF BONITA SPRINGS FLORIDA

2 CODE NUMBER: AC PROGRAM ADMINISTRATIVE CODE U:\City Attorney\Administrative Codes13-14 Landscape Removal Delegation Program.docx Page 2 of 6 Rule 1.0 Background: locations of the City where trees are needed. lieu of tree when a site is too constrained, so that trees may be planted in other This Administrative Code also establishes a tree mitigation bank to allow a fee in 3. Development in accordance with the Landscape Code found contained within Chapter program to allow the City of Bonita Springs Community Development Department to required landscape trees within their development upon approval by Community to the criteria set forth below. Commercial property may obtain the authority to remove delegate to residential property owner s associations the authority to remove required landscape trees within their respective developments under limited conditions according This Administrative Code sets forth the policies and procedures to establish a POLICY/PROCEDURE: developments under limited conditions. Establishes a tree mitigation bank. remove required landscape trees within their property owner s associations authority to Community Development to delegate to establish a five year program to allow set forth the policies and procedures to PURPOSE ISCOPE: The purpose of this Administrative Code is to ORIGINATING DEPARTMENT: Community Development DELEGATIONPROGRAM ADOPTED: February 20, 2013 TITLE: LANDSCAPE REMOVAL EXHIBIT A

3 Community Development. The City of Bonita Springs, in order to streamline the removal utilities. In each case, removal of trees presently requires issuance of a permit from were spaced too close together, or interfered with buildings, pavements, driveways, and U:cityAttorney\Administrative Codes\13-14 Landscape Removal Delegaton Program.docx Page 3 of 6 removal of required landscape trees shall submit their request to receive their own permits and accept responsibility for the program. If a master their association. This Administrative Code does not apply to property Community Development. If an approved landscape plan does not exist, a landscape plan shall be prepared by a Florida registered landscape delegation on the City of Bonita Springs Landscape Removal Delegation outside of such development, as they would not have to comply with current or original approved landscape plan shall be reviewed by 1. In order to grant permits for the removal of required landscape trees, the 3. Individual property owners within a development must proceed through b. Approved Landscape Plan required landscape plans. association exists, the master association shall administer the program. 2. Once accepted, the property owner s association shall agree to issue a. Property Owner s Association Role and Responsibilities form. 1. Property owner s associations wishing to receive delegation to permit the Rule 3.0 Criteria for the Program Guidelines for Mitigating Conflicts with Trees, Roots and Branches, to help removal of trees. This is now Rule 4.0 of this Administrative Code. city. c. In addition to the LDC codes listed above, the city staff uses guidelines, titled buffers, Heritage Tree protections, and exotic plant removal for lands within the trees, shrubs and groundcovers, a minimum amount of Open Space, perimeter b. The Landscape Code (LDC 3-411) regulates required landscaping, including the removal of protected trees, shrubs and indigenous vegetation. determine when conflicts could be mitigated, and when conflicts warrant the a. The City of Bonita Springs Tree Protection Ordinance (LDC ) regulates Rule 2.0 Codes & Policies according to the criteria set forth below. authority to permit the removal of landscape trees within their respective developments, the Community Development Department to delegate to property owner s associations of trees and alteration of landscaping within the city, is establishing a program to allow that overgrown vegetation exists in certain developments within the city, because trees The City of Bonita Springs Community Development Department has determined

4 the Tree Protection Ordinance and the Landscape Code (LDC Section 3- association shall abide by the criteria specified in such landscape plan, 2. Once the approved landscape plan is accepted, the property owner s U:city Attorney Administrative codes Landscape Removal Delegation Program.docx Page 4 of 6 shall have a spread of 20 or more. agent of property. spread of 30 or more. Required interior trees outside of parking areas 4. This plan must show the buildings, roadways, planting areas, plant prepare and submit a landscape plan without the aid of a landscape disproportionate to the cost of the entire project (e.g., fee exceeds the cost of a few tree plantings), the property owner s association may architect in accordance with Florida Statutes by the owner or 3. In small projects where the cost of the landscape architect is 2. Trees that are deemed safety hazards shall be subject to Rule Palms can only be used to meet a maximum of 30% of the code required 7. Required interior trees in parking areas must have an average mature may not be removed for tree sign conflicts, LDC 3-416, C. 2. A. parking lot islands shall maintain the 30 average mature spreads and trees outside of the perimeter buffer area and in parking areas and design did not account for tree sign conflicts. However, existing canopy south Florida trees, LDC B. requirements. before removal. paurotis palms, and coconut palms that have a spread of 20 or more meet the minimum 20 tree canopy. Large palms such as royal palms, trees, LDC C. 1. Palms shall be grouped in clusters of three to 5. Seventy five percent of the development s required trees shall be native applicant to proceed through LDC 3-416, et. seq., as an amendment to its Development Order. 4. The removal of any Heritage Tree (slash pine or live oak 20 in diameter not part of this program. or greater) is not part of this program. Any removal will require the Guidelines for Mitigating Conflicts with Trees, Roots and Branches 1. Trees in perimeter buffer areas may be replaced where the original c. Summary of relevant LDC codes and Guidelines 3. A reduction in the amount of landscape Open Space is not permitted and 411), copies of which will be provided by Community Development. locations, plant names and sizes. may be used one for one for canopy trees in buffer and general tree Community Development for review and approval. architect retained by the property owner s association and submitted to

5 Rule 4.0 Guidelines for Mitigating Conflicts with Trees, Roots and Branches approved landscape plan. U:city AttorneyAdministrative Codes\ Landscape Removal Delegation Program.docx Page 5 of 6 j. Severe safety hazards can be mitigated by: water lines. hazard, the supervision of a certified arborist. 4. Resealing asphalt cracks or breaches, 4. Pruning of branches, due to safety concerns, should be performed under 5. Adding or removing concrete to smooth out lifts or cracks, 3. Installing root barriers, allows for the removal of trees which pose a safety hazard to existing buildings cause disruption to public utility services. LDC Section (d) (2) further trees which pose a safety hazard to pedestrian or vehicular traffic or threaten to tree removal. removal of trees after planting, but the Tree Protection section of the Land necessary. c. The amount of disturbance to concrete, pavement, and underground utilities b. Some of the roots of landscape trees are beginning to lift the concrete in d. The Bonita Springs Landscape Code (LDC 3-411) does not provide guidance for 2. Cuffing of tree roots, 3. Installing root barriers, 7. Removal of the tree. g. The severity of the safety hazard or potential safety hazard shall dictate the 2. Cutting of tree roots, 1. Removal of the tree roots, 1. Resealing asphalt cracks or breaches, 1. Removal of the tree roots, electric, or water lines, i.e. minor damage can be mitigated by: i. The same methodology can be applied to underground or above ground cable, 6. Pruning and/or removal of branches that may be causing the safety 2. Adding or removing concrete to smooth out lifts or cracks. areas can be mitigated by: h. For example, minor cracks or uplifting of concrete sidewalks, driveway or asphalt f. Safety hazards can be mitigated in several ways, such as: communities since and structures. sidewalks and driveways and also interfere with underground cable, electric, or varies considerably; consequently, different methods of mitigating conflicts are Development Code (Section , et. seq.) does provide some guidance for method(s) used to mitigate the conflict. a. Landscape trees are required and have been required for Lee County e. Section (d) (1) of the Land Development Code does allow for removal of planted above and beyond the required landscaping as shown on the 8. No permit is needed for the removal of trees, shrubs and landscaping

6 original or current landscape code. Rule 5.0 Reporting! Sunset Provision of Tree Delegation Program U:city Attorney\Administrative codes Landscape Removal Delegation Program.docx Page 6 of 6 open space areas. purchase, install and maintain trees within the city s right-of-ways, parks and c. The monies deposited in the city s Tree Mitigation Bank shall be used to purchase cost of the tree, installation and maintenance. to be paid shall be in the amount of $ per tree, in order to cover the deposited per tree into the city s Tree Mitigation Bank. The monetary fee-in-lieu new and existing developments, a monetary fee-in-lieu in the form of cash will be b. In instances where there is not enough room to plant required trees onsite for administered by the City of Bonita Springs. a. The City of Bonita Springs Tree Mitigation Bank is hereby established and will be Rule 6.0 Tree Mitigation Bank! Fee-in-Lieu compliance and consistency with this program. Permits will be sent quarterly. shall be scanned and sent electronically to Community Development to ensure staff to codify the program into the Land Development Code, or discontinue the program. revoke the delegation until the Association makes corrections or abatement. should provide direction to extend the program by Administrative Code, direct sunsetting of the Tree Delegation Program to City Council. At that time Council inconsistent with the delegation, then Community Development may suspend or b. Community Development shall report its findings in June 2017, prior to the c. Copies of permits issued by property owners associations that allow tree removal sunset on January 1, 2018, unless extended by Bonita Springs City Council by resolution. Should Community Development find that permits are being issued that are a. The Tree Delegation Program contained within this Administrative Code will 2. In most cases replacement trees will need to be planted to meet the 1. Removal of the tree,