15-1419 Amending ULDR, Part III, Tree Protection

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WHEREAS, the City encourages the protection of trees by applying a higher replacement factor and fine upon those who remove trees illegally; and WHEREAS, the Casselberry Planning and Zoning Commission Local Planning Agency has held a public hearing with due public notice to consider this text update and revision; and WHEREAS, the City Commission of the City of Casselberry, Florida, held two public hearings with due public notice to consider the ULDR text amendment; and WHEREAS, words with double underlined type shall constitute additions to the original text and stT-ike Offeugh shall constitute deletions to the original text. NOW, THEREFORE, BE IT ENACTED by the City Commission of the City of Casselberry, Florida: SECTION L Article XIV, "Tree Protection," Part III - Unified Land Development Regulations, of the Code of Ordinances of the City of Casselberry, Florida, is hereby repealed. SECTION II. The Code of Ordinances of the City of Casselberry, Florida is hereby amended by adding a new article to be numbered Article XIV, "Tree Protection," Part III - Unified Land Development Regulations, which Article shall read as follows: Section 3 -14.1. Applicability. This ordinance shall be applicable to all land lying in the incorporated area of the City of Casselberry, Florida. If provisions of this Section conflict with other land development regulations, the more restrictive provisions shall apply. Section 3 -14.2. Purpose and intent. A. Purpose. The purpose of this Article is to establish protective regulations for trees within the City, B. Intent. The intent of this Article is to encourage the protection of the maximum number of trees within the City and to enhance the City's tree canopy. It is further the intent of this Article to: 1. Encourage the protection of native trees of the area; 2. Ensure healthy growth, healthy condition and survival of trees through good cultural practices; 3. Encourage the correct selection of trees, location of trees and maintenance of trees to maximize public benefits and minimize hazard, nuisance, hardscape damage, and maintenance costs. C. Trees help to: 1. Better control problems of flooding, soil conservation, air pollution and noise; 2. Make the City a healthier, more attractive and safer place in which to live. To this end, it shall be unlawful to cut down, damage, poison, or in any other manner destroy or cause to be destroyed any tree or other vegetation as covered by the provisions of this ordinance except in accordance with the provisions set forth herein. Ordinance 15 -1419 Page 2