19-1529 Amending ULDR's - Tree Protection, permit Required for Removal

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ORDINANCE 19-1529 AN ORDINANCE OF THE CITY OF CASSELBE'RRY, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, PART III, UNIFIED LAND DEVELOPMENT REGULATIONS, ARTICLE XIV, TREE PROTECTION, SECTION 3-14.3 PERMIT REQUIRED FOR REMOVAL, TO AMEND LANGUAGE TO BE CONSISTENT WITH FLORIDA STATUTE 163.045; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, House Bill 1159 was signed into law on July 1, 2019; and WHEREAS, HB 1159 creates s. 163.045, Florida Statutes, to prohibit local governments from requiring notices, applications, approvals, permits, fees or mitigation for the pruning, trimming, or removal of trees on residential property if a property owner obtains specific documentation; and WHEREAS, s. 163.045, Florida Statutes, exempts property owners of residential property from having to mitigate trees that pose a danger to persons or property; and WHEREAS, the City's Planning and Zoning Commission, sitting as the Local Planning Agency, has reviewed this Ordinance and finds it is consistent with the City of Casselberry Comprehensive Plan; and WHEREAS, words with double underlined type shall constitute additions to the original text and strike through shall constitute deletions to the original text, and asterisks (* * *) indicate that text shall remain unchanged from the language existing prior to adoption of this Ordinance. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION I. Part III — Unified Land Development Regulations, Chapter III — Performance Criteria, Article XIV — Tree Protection, Section 3-14.3, Permit required for removal, of the Code of Ordinances of the City of Casselberry, Florida, is amended as follows Section 3-14.3. - Permit required for removal. No person directly or indirectly, shall cut down, destroy, remove, relocate or effectively destroy through damaging any tree situated on any real property, or clear any lot or acreage located within the City, without first obtaining a permit as provided in this provision.