11-1345 Amending ULDR - Tree Replacement Requirements

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ORDINANCE 11 -1345 WHEREAS, the intent of Article XIV, Tree Protection, is to encourage the protection of trees within the City in order to better control problems of flooding, soil conservation, air pollution and noise and to make the City a healthier, more attractive and safer place in which to live; and WHEREAS, the preservation of dead trees is not consistent with the purpose of the City's tree protection requirements; and WHEREAS, the planting of live trees on undeveloped commercial lots to replace dead trees causes a maintenance hardship for the property owner; and WHEREAS, the City Commission finds that it is essential to protect and preserve the aesthetics, the environment and the public health, welfare and safety of the City and its citizenry, and that it is in the City's best interest, and that it is consistent with the Comprehensive Plan for the City to exempt dead trees on undeveloped commercial lots from tree protection requirements; and WHEREAS, the City Commission of the City of Casselberry held a duly noticed public hearing on the proposed changes set forth herein and considered advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the requested changes consistent with the City of Casselberry's Comprehensive Plan; and WHEREAS, words with double underlined tvoe shall constitute additions to the original text and strike through shall constitute deletions to the original text. NOW, THEREFORE, DE IT ENACTED by the City Commission of the City of Casselberry, Florida: SECTION 1. The City of Casselberry Code of Ordinances, Part III, Unified Land Development Regulations, Chapter III, Performance Criteria, Article XIV, Tree Protection, Section 3 -14.8 Replacement requirements, shall be amended as follows: A. Tree replacement. All trees, except undesirable trees, that are removed or destroyed shall be replaced by a species of tree cited in Appendix 8, Preferred Trees, or such other trees properly approved by the Administrative Official. The cost of replacing trees shall be incurred by the applicant /developer. The specifications regulating the replacement of trees are cited below: