09-1293 ULDR Tree Protection Amendments

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use of property and 21 llF where such waiver can be demonstrated to be consistent with !bll purpose and intent of the tree regulations as stated in Section 3-14.2 i'.Ftisle XIV ef t~e City Ceele. Bv wav of examole +!he preservation of any approved tree over a DBH of 24 inches may be considered as the basis for the granting of a waivers from the literal application of the provisions of Section 3-14.8 the City's zeniR~ reg~iatieRs. The oarticular use made of the orooertv bv the aoolicant shall not be a leaitimate basis for arantina a waiver. *** SECTION 7. The Code of Ordinances of the City of Casselberry Part III, Unified Land Development Regulations, Chapter ill, Performance Criteria, Article XIV, Tree Protection, subsection (A)(2) of Section 3-14.16, Remedial action, is hereby amended as foilows: ** * 2. Upon acceptance of the funds held in escrow, the property owner may submit to the Planning and Zoning Commission a restoration plan. The restoration plan may require tree replacement and/or may include payment into the City's Tree Bank. The restoration plan may also include irrigation if required. The Planning and Zoning Commission shall review the restoration pian and determine whether it adequately restores the property to its state prior to the violation of this Article. The applicant presenting the restoration plan has the burden to demonstrate to the Planning and Zoning Commission that the property will be restored to meet the purpose and intent of Article XIV, Tree Protection. The restoration olan shall include a deadline bv which the olan must be comoleted. * ** SECTION 8. The Code of Ordinances of the City of Casselberry Part iii, Unified Land Development Regulations, Chapter III, Performance Criteria, Article XIV, Tree Protections, Section 3-14.18, Establishment of City Tree Advisory Committee (CTAC), is hereby amended as follows: Section 3-14.18. Establishment of City Tree Advisory Committee (CTAC). A. Establishment and membership. The City Tree Advisory Committee is hereby established, which committee shall be composed of a minimum of three representatives from City departments and community advisory representatives responsible for management of public property and development review issues. As may be necessary or helpful, the City Manager may appoint other persons interested in the landscaping within the City to be on the Tree Advisory Committee, not to exceed a total of five members. Ordinance 09-1293 Page 5 of7