§ 43.34. Same—Tree Protection.

A.

Purpose and Intent. The purpose of this section is to provide protective regulations for trees in the City of Orlando.

(1)

It is the intent of this section to promote the community health and welfare by protecting trees for the unique benefits they provide in enhancing community appearance and assisting in the natural control of solar heat, soil conservation, flooding, air pollution and noise. In addition, trees offer a haven for community wildlife and provide citizens with psychological relief from the increasing complexities of a manmade urban environment. Further, it is the intent of this section to enhance the community and its citizenry and not be punitive; or to cause a hardship to any individual, private or public company who use reasonable care and diligence to protect trees within the City of Orlando.

(2)

Trees, as defined, regulated and protected herein, are declared to be a natural public resource and the City of Orlando encourages planting, replacement and protection of trees, as herein set out, in the interest of the health, safety and welfare of present and future citizens of the City of Orlando. Also, certain trees, designated as specimen or historic trees by the Families, Parks and Recreation Director or his designee, shall be protected because of their ecological value, non-indigenous character, size, age, or historic association. Trees so designated shall be protected without regard to their location within the jurisdiction of the City. To attain that end, it shall be unlawful to cut down, damage, poison or in any other manner destroy or cause to be destroyed any tree as covered by the terms of this section except in accordance with the provisions of this section.

B.

Definitions.

(1)

Tree. Any self-supporting woody plant of a species which normally grows, or is capable of growing, to an overall height of a minimum of fifteen (15) feet in the central portion of Florida, and having a trunk diameter of not less than four (4) inches as measured three (3) feet above actual grade. Trees having a trunk diameter of not less than one (1) inch as measured three (3) feet above actual grade shall be protected for the purposes of Section D.(3) below. Exempt from the provisions of this section are:

(a)

Trees located inside the area bounded by the required setback lines of lots developed with one- or two-family dwellings; such lines as defined by the zoning ordinance;

(b)

Containerized trees and nursery stock trees for resale in licensed nurseries.

(2)

Director of Families, Parks and Recreation. The person who serves as the duly appointed Director of Families, Parks and Recreation for the City of Orlando.

(3)

Person. Person shall include individual, partnership, corporation, association or other legal entity, and shall include the plural, as well as the singular.

(4)

Removal. Removal shall include remove, removing or actual displacement or effective displacement through damaging or cutting below the level necessary for survival of the tree.

C.

Jurisdiction. The provisions of this section shall apply to all real property situated in the corporate limits of the City of Orlando. Immediately upon petition for annexation, developers will agree to comply with the provisions of this section.

D.

Trees Protected.

(1)

It shall be unlawful for any person to, or cause to, destroy, permanently injure or remove any tree(s) as defined herein, within the City of Orlando, without first obtaining a tree removal permit from the Families, Parks and Recreation Director or his designee as required by the provisions of Section E of this section.

(2)

It shall be unlawful for any person to, or cause to, place material, machinery or temporary soil deposits within six (6) feet of any tree(s) protected by this section as described above, to fail to erect barriers necessary to protect such tree(s), or to attach other than protective wires, braces or other similar, noninjurious materials to such tree(s). Furthermore, no structure or impervious paving shall be located within a six (6) foot radius of the trunk perimeter of any tree(s). A tree of four (4) feet or more diameter shall require additional space as may be determined by the Families, Parks and Recreation Director or his designee. Artificial means of irrigation shall be easily available and used regularly for every required tree(s).

(3)

It shall be unlawful for persons or businesses trimming tree growth away from billboard (off-premise sign) surfaces to remove trees or to trim or cut trees below the level necessary for survival of the tree; provided however, that this restriction shall be applicable only to tree growth located on public lands and public rights of way.

(4)

The Families, Parks and Recreation Director or his designee may require, as a condition for the approval of an application for the removal of a tree(s) within the required front, rear, or side yard of any real property, that the person either relocate or replace said tree(s) with comparable substitutes somewhere within the property lines of said property. Such locations to be agreed to by the Families, Parks and Recreation Director.

E.

Tree Removal, Permit or Approval.

(1)

Application for Tree Removal Permit; General Rule. Persons desirous of removing a nonexempt tree(s) from any real property for which an application for a building permit or request for approval of a subdivision site plan have not been made, shall make application to and on a form prescribed by the Families, Parks and Recreation Director or his designee and pay a nonreturnable fee of five dollars ($5.00) for each acre or fraction thereof of the area to be inspected for a maximum fee of two-hundred dollars ($200.00). Fees as provided for this Subparagraph (E) are hereby declared to be necessary for the purpose of processing the application and making the necessary inspections for administration and enforcement of this section.

(2)

Application for Building Permits or Requests for Approval of a Proposed Subdivision Site Plan.

(a)

Subdivision of Land. Prior to the subdivision of any land which will involve the removal of nonexempt tree(s) for whatever reason, the subdivider shall submit with the plat, a site plan that shall include the following: proposed roadways, walks, utilities, and additionally each tree four (4) inches or more in trunk diameter measured three (3) feet above ground level identified by type and species; designation of each such tree(s) considered diseased or hazardous to pavement or utilities; designation of tree(s) proposed to be removed, retained and replaced, and proposed grade changes which may adversely affect any such tree(s) with proposals of how to preserve and retain the tree(s) in a manner or form as prescribed by the Families, Parks and Recreation Director or his designee and pay a nonreturnable fee at the time of application or request of five dollars ($5.00) for each acre or fraction thereof of land to be inspected for a maximum fee of two-hundred dollars ($200.00).

(3)

The requirement for a tree removal permit is a requirement separate from and in addition to the requirement for obtaining any other approvals or permits whatsoever.

F.

Approval of Application.

(1)

Application for tree removal authorization shall be reviewed by the Families, Parks and Recreation Director or his designee and such City Departments responsible for the enforcement of this section. Such departments shall review and consider the effect of the removal or relocation of a tree upon the drainage, topography and the natural resources prior to granting or denying the said application. Upon a review of the factors involved, the application shall be either granted or denied; in the event an application is denied, the reasons therefor shall be reported in writing to the applicant.

(2)

Permit(s) for tree removal not in connection with a building permit or a subdivision site plan, issued by the Families, Parks and Recreation Director or his designee, shall become void ninety (90) days after the issue date. Concurrence of the Families, Parks and Recreation Director or his designee to the issuance of a building permit or approval to a subdivision site plan shall be for the period of the document's validity.

G.

Criteria for Removal. To effectively carry out the provisions of this section, the following is a list of the basic criteria to be considered in granting a permit for the removal or relocation of trees:

(1)

Trees which pose a safety hazard to pedestrian or vehicular traffic.

(2)

Trees which pose a safety hazard to buildings or public utilities.

(3)

Trees which prevent the proper development of a lot or parcel or the proper physical use thereof.

(4)

Diseased trees or trees weakened by age, storm, fire, or other injury which are a source of hazard to people, buildings or other improvements on a lot or parcel of land.

H.

Emergency Conditions. The Families, Parks and Recreation Director or his designee, may waive all or part of these requirements if such waiver is not inconsistent with the purpose and intent of this section.

I.

Appeals. Any person who believes that he is adversely affected by a decision of the Families, Parks and Recreation Director or his designee, in the enforcement or interpretation of this section may appeal by filing a written notice of appeal to the City Council with a copy to the City Clerk within ten (10) days after receipt of such written decision. The City Clerk will schedule a hearing and notify the parties involved. At such hearing the applicant may present to the City Council facts in support of his position.

J.

Conflicting Provisions. In the event this section conflicts with other ordinances or laws of the City, the more restrictive provisions shall apply to the extent of such conflict.

K.

Penalty. Any person upon conviction of violating this section shall be subject to the penalties provided by Section 1.08 of this Code for each offense.

(Ord. of 12-26-1972, § 1; Ord. of 7-8-1974, §§ 1, 2; Ord. of 10-21-1974, § 1; Ord. of 6-8-1987, Doc. #21257; Ord. of 12-7-1992, Doc. #26217; Ord. of 1-12-2004, § 5, Doc. #040112905)

State law reference

Injuring trees on public property generally, Florida Statutes § 822.03; cutting or destroying shade trees along public roads, Florida Statutes § 861.11; cutting, injuring, etc., trees in cemeteries, Florida Statutes § 872.02.