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Ordinance No. 552  

AN ORDINANCE OF THE TOWN OF OCEAN RIDGE, FLORIDA, AMENDING CHAPTER 66 OF THE CODE OF ORDINANCES, ENVIRONMENTAL REGULATIONS; BY AMENDING DIVISION 3, SECTION 66-151(c) TREE PERMITS, REQUIRING THAT A TREE SURVEY BE PERFORMED PRIOR TO OBTAINING A TREE REMOVAL PERMIT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.  

WHEREAS, the health, safety, and general welfare of the public and the conservation and protection of the natural resources of the town and their values necessitate the amendment of regulations to guide the removal of historical and specimen trees within the town; and  

WHEREAS, preservation of urban forest resources increase in value and provide benefits to all the citizens of the town with respect to air quality, water quality, stormwater management, temperature amelioration, community aesthetics and general quality of life and, healthy community forests increase local commercial and residential property values; and  

WHEREAS, these benefits are crucial to the long-term health, benefit, welfare, and safety of the citizens of the town; and  

WHEREAS, the board of commissioners finds that it is in the best interest of the public to improve the standards and requirements for the conservation, protection and replacement of historical and specimen trees within the town for the purpose of making this town a more attractive and healthier living environment.  

NOW THEREFORE, BE IT HEREBY ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA AS FOLLOWS:  

Section 1.  Amendment.  Chapter 66, Environmental Regulations, of the Code of Ordinances is hereby amended by changing Sec. 66-151(c), Tree Permits, to read as follows:  

DIVISION 3.  TREE PERMITS  

Sec. 66-151.  Tree Permits.

                                                *        *        *         

(c) Tree removal permit requirements.  Prior to obtaining a tree removal permit for a major site plan or major site plan amendment, a tree survey must be performed and filed with the administrative official as part of the tree removal permit application.  The tree survey shall be performed and recorded as described in subsection (2) below.  In all other cases requiring a tree removal permit the application shall include those items set forth in subsection (3) below.  

(1) Major site plan.   A tree removal permit application  must be filed as a part of a major site plan review, special exception, original plat or re-plat. It shall be filed concurrent with the proposed site plan, master plan, or preliminary plat:   

(2) Tree survey.  A tree survey shall be to scale no less than one inch equals thirty feet, which identifies trees by location, common name and diameter breast height (DBH), and which also shows the following information:  

     a.       Identification and location of each historic specimen tree.  

b.       Existing trees to be removed, relocated, or retained; or  

c.       Replacement stock to be planted;  

d.       Existing trees to be removed and trees to be retained requiring protection shall be clearly designated on-site; method of designation shall be included on the plans submitted for review, and each tree shall be designated as to species and approximate size;  

e.       Existing and proposed utility easements;  

f.        Existing and proposed improvements on the site.  

(3)      Minor site plan or other tree removal.    An application for a tree removal permit, within a minor site plan, or without application for any other development order, shall be filed, processed and approved by the administrative official, upon receipt of an application and two sets of plans filed with the town clerk, and payment of the property fee.  An application and plan shall include the following information and exhibits:  

a.       A diagram of the property at a scale no less than one inch equals 30 feet, which identifies any tree to be removed, its location, common name and DBH, any existing or proposed development on the site, and details of replacement stock to be planted, including location, size and species. Applicant shall submit two copies of the diagram with the application.  

b.       Name, signature, address and telephone number of all fee simple property           owners.  

c.       Legal description of the property and property control number (PCN).  

d.       North arrow, scale and identification of street abutting the property.  

e.       Reason for the removal or replacement of tree(s).  

f.        Identification and location of each historic or specimen tree.  

g.       A plan legend, showing designations and methods used.  

*        *        *

Section 3.  Codification.  This ordinance shall be codified in the Code of Ordinances of the Town of Ocean Ridge, Florida.  

Section 4.  Severability. If any word, clause, sentence, paragraph, section or part thereof contained in this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of the Ordinance.  

Section 5.     Repeal.   All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed.   

Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption.  

          FIRST READING this 7^th  day of February, 2005.  

          SECOND AND FINAL READING this 7th day of March, 2005.  

          Commissioner Bingham offered the foregoing Ordinance and moved its adoption.  The motion was seconded by Commissioner Allison and upon being put to a vote, the vote was as follows:

          KENNETH M. KALEEL, Mayor                       Yea

          GEOFFREY A. PUGH, Vice Mayor                  Yea

          LYNN ALLISON, Commissioner                       Yea

ELISABETH P. B. BINGHAM, Commissioner Yea

NANCY L. HOGAN, Commissioner                Yea                  

The Mayor thereupon declared this Ordinance approved and adopted by the Town Commission of the Town of Ocean Ridge, Florida, on second reading, this 7^th day of March, 2005.