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ORDINANCE 21-1548
<br />AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA,
<br />AMENDING THE CITY CODE OF ORDINANCES, PART III, UNIFIED
<br />LAND DEVELOPMENT REGULATIONS, ARTICLE XIV, TREE
<br />PROTECTION, SECTION 3-14.3, PERMIT REQUIRED FOR REMOVAL,
<br />TO PROVIDE DOCUMENTATION REQUIREMENTS FOR PERMIT
<br />EXEMPT TREE REMOVAL AND SECTION 3-14.8, VIOLATIONS,
<br />WAIVERS AND APPEALS, TO PROVIDE PENALTIES FOR NOT
<br />SUBMITTING DOCUMENTATION; PROVIDING FOR CODIFICATION,
<br />CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE.
<br />WHEREAS, Chapter 163.045(1), Florida Statutes (F.S.), prohibits local governments
<br />from requiring notices, applications, approvals, permits, fees or mitigation for the pruning,
<br />trimming, or removal of trees on residential property, if a property owner obtains documentation
<br />(herein referred to as documentation) from an arborist certified by the International Society of
<br />Arboriculture (ISA) or a Florida licensed landscape architect that the tree presents a danger to
<br />persons or property; and
<br />WHEREAS, Chapter 163.045(2), F.S., states that a local government may not require a
<br />property owner to replant a tree that was pruned, trimmed, or removed in accordance with
<br />Chapter 163.045(1), F.S.; and
<br />WHEREAS, the City of Casselberry (City) has determined that the required
<br />documentation to meet the statutory threshold for tree removal needs definition to be able to
<br />process said documentation; and
<br />WHEREAS, the City created standards in Part III of the Unified Land Development
<br />Regulations for documentation to guide citizens as to the process for tree protection and
<br />procedures for removal of trees and any exemptions under Florida Statutes; and
<br />WHEREAS, the City has been granted broad home rule powers by Chapter 166, F.S., as
<br />part of those powers and guider Chapter 162, F.S., and has the authority to impose penalties for
<br />violations of municipal ordinances. That shall be done through issuance of citations of up to
<br />$5,000.00 for irreversible violations of the code, such as tree removal; and
<br />WHEREAS, to reinforce the intent of Chapter 163.045, F.S., that ensures healthy trees
<br />are not arbitrarily removed and for the protection of the overall tree canopy within the City,
<br />failure of a property owner to obtain documentation for removal of a damaged tree, as per
<br />Chapter 163.045, F.S., shall result in the imposition of penalties through citation; and
<br />WHEREAS, the City's Planning and Zoning Commission sitting as the City's Local
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